History of Joseph Smith, the Prophet and the Church of Jesus Christ of Latter-day Saints. Joseph F. Smith
one hundred and fifty were consumed by fire in about one week; our arms were also taken from the depository (the jail) about ten days since, and distributed among the mob. Great efforts are now making by said mob to stir up the citizens of this county (Clay) and Lafayette, to similar outrages against us; but we think they will fail of accomplishing their wicked designs in this county. We here annex a copy of the petition to the President, signed by about one hundred and twenty.
With great respect, etc.,
(Signed)
A. S. Gilbert,
W. W. Phelps.
Daniel Dunklin, Governor of Missouri:
Letter to Colonel S. D. Lucas Asking about Arms Surrendered at Independence.
Liberty, Clay County, Missouri,
May 15, 1834.
Colonel S. D. Lucas:
Sir:—We have this day received a communication from the Governor of this state, covering the order herewith, and we hasten to forward the said order to you by the bearer, Mr. Richardson, who is instructed to receive your reply. We would further remark that under existing circumstances, we hope to receive our arms on this side the river, and we would name a place near one of the ferries for your convenience: as the arms are few in number, we request that they may be delivered with as little delay as possible.
Respectfully yours,
(Signed)
A. S. Gilbert,
W. W. Phelps,
John Corrill,
Edward Partridge,
John Whitmer.
P. S.—We will thank you for a written communication, in answer to this letter, and the accompanying order.6
All hope for relief from the general government was destroyed on receipt of the following communication from the city of Washington:
Reply of the General Government to the Petition of the Saints.
War Department, May 2, 1834.
Gentlemen:—The President has referred to this department the memorial and letter addressed to him by yourselves and other citizens of Missouri, requesting his interposition in order to protect your persons and property.
In answer, I am instructed to inform you, that the offenses of which you complain, are violations of the laws of the state of Missouri, and not of the laws of the United States. The powers of the President under the constitution and laws, to direct the employment of a military force, in cases where the ordinary civil authority is found insufficient, extend only to proceedings under the laws of the United States.
Where an insurrection in any state exists, against the government thereof, the President is required on the application of such state, or of the executive (when the legislature cannot be convened), to call forth such number of the militia, as he may judge sufficient to suppress such insurrection.
But this state of things does not exist in Missouri, or if it does, the fact is not shown in the mode pointed out by law. The President cannot call out a militia force to aid in the execution of the state laws, until the proper requisition is made upon him by the constituted authorities.
Very respectfully, your most obedient servant,
(Signed)
Lewis Cass.
To Messrs. A. S. Gilbert, W. W. Phelps, Edward Partridge, and others Liberty, Clay County, Missouri.
End of Volume I.
Footnotes
1. In order to group the correspondence concerning the troubles in Jackson county as close to the recital of those events in the text of the Prophets narrative as may be, several of the communications in this chapter are taken from the place assigned them by previous editors and given in this concluding chapter of Volume I.
2. In my judgment, it does seem that under the powers conferred upon the executive by the provision of the fundamental law of the state—the constitution—and the militia law he quotes, the governor could have granted the request of the Saints to be protected in their homes, until peace was restored. Surely the clause, "or other emergency," in the section of the law just referred to, was broad enough to justify him in protecting, by the State militia, twelve hundred citizens of the United States in their homes until mob-violence had subsided—until respect for the civil law had been restored, and these citizens allowed to dwell in safety upon the lands they had purchased from the general government. Under these provisions he could have "curbed those cruel devils of their will," without "doing even a little wrong, in order to do a great right"—without "wresting the law to his authority."
3. It required no great wisdom, however, to forsee that for the Saints to return to their homes, and then be left there without protection—left to the mercy of human wretches, in whose veins ran none of the milk of human kindness—would not be far removed from suicide, as the mob greatly outnumbered the Saints. To return under these circumstances would only be laying the foundation for a greater tragedy than the one already enacted; and the brethren wisely concluded not to attempt to regain possession of their homes, until some measure was adopted to protect them when there—until "God or the President ruled out the mob."
4. Thus ended the only effort that was ever made by the officers of Missouri to bring to justice these violators of the law. One class of citizens had conspired against the liberties of another class, and being the stronger had, without the authority of the law, or shadow of justification, driven twelve hundred of them from their possessions, and there was not virtue enough in the executive of the state and his associates to punish the offenders. The determination of the mob to resist the law was stronger than the determination of the state officers to execute it and make it honorable. And yet the constitution of the state made it the imperative duty of the executive to "take care that the laws are faithfully executed;" and the laws of the state empowered the commander-in-chief of the militia (the governor) "in case of * * * insurrection, or war, or public danger, or other emergency, to call forth into actual service such portion of the militia as he might deem expedient." With this power placed in his hands by the laws of the state, Governor Dunklin permitted mobs to overawe the court of inquiry he himself had ordered, and allowed them to continue unchecked in their unhallowed deeds of devastation and violence. And while the mobocrats triumphed over law and order, the governor's letters to the leading Elders of the Church contained many pretty, patriotic sentiments, but he lacked the moral courage to execute the law of the state.
5. The letter here referred to will be found on pages 476-8.
6. The arms were never returned to their owners. Before Lucas received the Governor's order, forwarded to him by the brethren, he had left Jackson county, settled in Lexington, Missouri, and resigned his commission. Subsequently Governor Dunklin issued a second requisition for the arms, this time directing it to Colonel Pitcher; but between the issuing of the two orders, the first to Lucas and the second to Pitcher, the arms were distributed among the mob, and they insolently boasted that the arms should not be returned notwithstanding the order of the chief executive of the state.
End of Volume I.
VOLUME II.
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