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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. 


12 

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. 


14 

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. 


18 

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 


33 

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 


34 

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 


/     36 

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 


36 

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 


38 

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. 


39 

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. 


40 

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. 


41 

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, 


42 

(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 


43 

(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 


45 

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. 


48 

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."  ( 


48 

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. 


'  49 

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 

\ 

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 


53 

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; 


54 

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. 


55 

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. 


\ 


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 


56 

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 


87 

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 

/ 


38 

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- 


59 

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- 


60 

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, 


61 

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- 


63 

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. 


/  66 

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 


m 

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« 


72 

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^ 


80 

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. 


81 

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, 


82 

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 


83 

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. 


84 

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 


'         85 

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. 


87 

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, 


90 

&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, 


91 

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 


92 

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 


'  S3 

•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. 


94 

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 


96 

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 


'  96 

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. 


'91 

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 

7 


9S 

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 


S9 

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 


100 

'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- 


101 

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- 


102 

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! : 


103 

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-, 


104 

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- 


105 

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- 


106 


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. 


107 

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 


.108 

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. 


.110 

0 

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 


112 

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- 


113 

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. 


114 

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 


115 

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. 


116 

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 


118 

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 


119 

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- 


120  , 

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- 


121 

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, 


122 

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 


123 

'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. 


134 

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 


125 

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'. 


126 

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 


127 

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.  ^ 


129 

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  ' 


130 

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.. 


131 

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. 


133 

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. 


134 

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. 


137 

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, 


139 

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. 


161 

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 


162 

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. 


•  163 

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,