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History of Joseph Smith

Times and Seasons, vol. 6, pp. 912 to 915

Church of Jesus Christ of Latter Day Saints

(Continued.)

The Attorney General of Mo., wrote the counsel employed by the church in Zion to prosecute the mob, of which the following is a copy:

"City of Jefferson, Nov. 21, 1833.

Gentlemen:

From conversation I have had with the Governor, I believe I am warranted in saying to you, and through you to the Mormons, that if they desire to be replaced in their property, that is, their houses in Jackson county, an adequate force will be sent forthwith to effect that object. Perhaps a direct application had better be made to him for that purpose, if they wish thus to be repossessed. The Militia have been ordered to hold themselves in readiness.

If the Mormons will organize themselves into regular companies, or a regular company of militia, either volunteers or otherwise, they will, I have no doubt, be supplied with public arms. This must be upon application, therefore, as a volunteer company must be accepted by the Colonel, and that is a matter in his discretion, perhaps the best way would be to organize and elect officers as is done in ordinary cases,-not volunteers, you could give them the necessary directions on these points. If the Colonel should refuse to order an election of company officers, after they have reported themselves to him for that purpose, he would I presume, be court martialled therefor [therefore], on a representation to the Governor of the facts. As only a certain quantity of public arms can be distributed in each county; those who first apply will be most likely to receive them. The less, therefore, that is said upon the subject the better.

I am with great respect your ob't serv't,

(Signed) R. W. WELLS."

Again, Judge Ryland wrote Amos Reese Esq., Circuit Attorney, of the same counsel, as follows:

"Lexington, Nov. 24, 1833.

Dear Sir:

I have been requested by the Governor to inform him about the outrageous acts of unparalleled violence that have lately happened in Jackson county, and have also been requested to examine into these outrages and take steps to punish the guilty and screen the innocent.

I cannot proceed unless some person shall be willing to make the proper information before me. I now request you to inform me whether the Mormons are willing to take legal steps against the citizens of Jackson county? Whether they wish to return there, or not, and let me know all the matters connected with this unhappy affair. It will be necessary for you to see the persons injured, and be informed of their desires and intentions. The military force will repair to Jackson county, to aid the execution of any order I make on this subject. Be particular in your information to me. I am willing to go any time to Jackson county, for the purpose of holding a court of inquiry, and binding over to keep the peace such persons as I shall think ought to be restrained.

It is a disgrace to the state for such acts to happen within its limits, and the disgrace will attach to our official characters, if we neglect to take proper means to insure the punishment due such offenders.

I wish to know whether Joshua Lewis and Hiram Page handed the writ to the sheriff of Jackson county, that I made and issued on their affidavit against some of the ringleaders of the mob in Jackson county, dated the sixth of this month.

I will know why he refused to execute the writ, if it ever came to his hands. Enquire [Inquire] into this subject and let me know. I should be glad to see you and agree upon what course to take. After you have sufficiently informed yourself, come down and see me, as you live near the scene of these outrages you are better able to receive all information necessary, and prepare for future action than I am.

Write me as soon informed, and state when you can come down and see me on this business. Keep copies of all the letters you write on this subject.

Your Friend,

(Signed,) JOHN F. RYLAND.

On the 22nd, my brother Don Carlos, came to live with me and learn the art of printing.

Elders Orson Hyde and John Gould returned from Zion on the 25th, and brought the melancholy intelligence of the riot in Zion; of the inhabitants persecuting the brethren.

Elder A. S. Gilbert wrote the Governor of Missouri, as follows:

["Confidential.]

Liberty, Clay Co., Nov. 29th 1833

Dear Sir:

Yesterday I saw Mr. Doniphan, an attorney of this place, who informed me that he saw the Attorney General, Mr. Wells, in Saline County, last Saturday week, and that Mr. Wells

had acquainted him with your intention of ordering a court of enquiry [inquiry] to be held in Jackson county, in relation to the late riotous proceedings in that county. Mr. Doniphan is of opinion from the conversation he had with Mr. Wells, that said order will be suspended till a communication is received from our people, or their counsel. This is therefore to acquaint your excellency, that most of the heads of our church had an interview yesterday on the subject of an immediate court of enquiry [inquiry] to be held in Jackson county, and by their request to me. I hasten to lay before your excellency serious difficulties attending our people on an immediate court of enquiry [inquiry] being called.

Our church is at this time scattered in every direction: some in the new county of Van Buren; a part in this county; and a part in Lafayette, Ray, &c. Some of our principal witnesses would be women and children, and while the rage of the mob continues, it would be impossible to gather them in safety at Independence; and that your excellency may know of the unabating fury with which the last remnant of our people, remaining in that county are pursued at this time, I here state that a few families, perhaps fifteen to twenty, who settled themselves more than two years ago on the prairie, about fifteen miles from the county seat of Jackson county, had hoped from the obscurity of their location, that they might escape the vengeance of the enemy through the winter; consequently they remained on their plantations, receiving occasionally, a few individual threats, till last Sunday, when a mob made their appearance among them; some with pistols cocked and presented to their breasts, commanding them to leave the county in three days, or they would tear their houses down over their heads, &c., &c.

Two expresses arrived here from said neighborhood last Monday morning, for advice, and the council advised their speedy removal for the preservation of life, and their personal effects. I suppose these families will be out of the county of Jackson this week. In this distressed situation, in behalf of my brethren, I pray your excellency to await a further communication, which will soon follow this, setting forth among other things the importance of our people being restored to their possessions, that they may have an equal chance with their enemies in producing important testimony before the court, which the enemy are now determined to deprive them of. Trusting that your excellency will perceive the agitation and consternation that must necessarily prevail among most of our people at this day, from the unparalleled usage they have received, and many of them wandering at this time destitute of shelter.

An immediate court of enquiry [inquiry] called while our people are thus situated, would give our enemies a decided advantage in point of testimony, while they are in possession of their own homes, and ours also; with no enemy in the county to molest or make them afraid.

Very respectfully, your ob't serv't,

A. S. GILBERT.

To His Excellency Daniel Dunklin, Jefferson City, Mo."

"I have seen and read the above letter, and on reflection, I concur entirely in the opinion therein expressed. I also think that at the next regular term of the court, an examination of the criminal matter cannot be gone into, without a guard for the court and witnesses.

(Signed.) AMOS REESE."

Those who were threatened by the mob on Sunday the 24th, fled into Clay county and encamped on the banks of the Missouri river.-A number of the families went into Van Buren county: their whole number of men, women, and children, being upwards of one hundred and fifty.

About the 1st of December, Elder Cowdery and Bishop Whitney arrived at Kirtland with a new press and type, and on the 4th commenced distributing the type.

The next day I wrote to Bishop Partridge, Liberty, Clay county, Missouri, the following:

Kirtland, Dec. 5th, 1833.

Dear Brethren:

We have just received a letter from Brother Phelps, dated 6th and 7th of November, at Liberty, which gives us the painful intelligence of the rage of the enemy, and your present unsettled situation. But I must inform you that there is a great dubiety resting upon our minds, with regard to the true state of affairs in Zion; for there seems to be some difference in the statements of Elder Phelps' letter, and that of Elder Hyde's communication to the editors of the Missouri Republican. Elder Hyde states that "on Monday the 4th, the mob collected in Independence, to the number of two or three hundred, well armed, and a part of their number went above Blue, to drive away our people and destroy our property; but they were met by a party of our people, and being prepared they poured a deadly fire upon them, two of their number fell dead on the ground, and a number mortally wounded, among the former was Brazeal.

Tuesday morning there were a number of the mob missing, and could not be accounted for, and while we were at Liberty landing, on Wednesday, a messenger rode up saying that he had just come from the seat of war, and that the night before another battle was fought, in

which Mr. Hicks fell, having three balls and some buck shot through his body, and about twenty more shared a similar fate; and, also, that one or two of our men were killed, and as many wounded; and he [Hyde] heard the cannonading distinctly; and also, stated that the man who broke open the store took Gilbert, Phelps, and one more, for false imprisonment, and put them in prison, and as near as he could learn, never to let them escape alive."

This statement of Elder Hyde, is somewhat different from that of Elder Phelps who states that "on Friday night the brethren had mustered about forty or fifty men, armed, and marched into the village, took one prisoner, and fired one gun; (through mistake) and on Saturday the mob fell upon our brethren above Blue, and one of Manship's sons was mortally wounded. On Monday a regular action was fought near Christian Whitmer's under the command of Elder David Whitmer. We had four wounded; they had five wounded and two killed, viz: Linville and Brazeal. From Friday till Tuesday, our brethren were under arms, when one hundred and fifty of them came forth, like Moroni, to battle. On Tuesday morning the mob had collected to the number of three hundred and before any blood was shed, we agreed to go away immediately, and the enemy took our guns."

Elder Phelps also states, that "since the above was written (viz: on the 6th,) another horrid scene has transpired: after our people surrendered their arms, a party of the mob went above Blue, and began to whip, and even murder; and the brethren have been driven into the woods, and are fleeing to the ferry; and also the mob have hired the ferryman to carry them across the river; [but they made the brethren pay the ferriage,] and it was reported that the mob had killed two more of the brethren."

It appears brethren, that the above statements were mostly from reports, and no certainty of their being correct; therefore, it is difficult for us to advise, and can only say, that the destinies of our people are in the hands of a just God, and he will do no injustice to any one; and this one thing is sure, that they who will live godly in Christ Jesus, shall suffer persecution; and before their robes are made white in the blood of the Lamb, it is to be expected they will pass through great tribulation, according to John the Revelator.

I wish when you receive this letter that you would collect every particular, concerning the mob, from the beginning, and send us a correct statement of facts, as they transpired from time to time, that we may be enabled to give the public correct information on the subject; and inform us also of the situation of the brethren, with respect to their means of sustenance, &c.

I would inform you that it is not the will of the Lord for you to sell your lands in Zion, if means can possibly be procured for their sustenance without. Every exertion should be made to maintain the cause you have espoused, and to contribute to the necessities of one another, as much as possible, in this your great calamity, and remember not to murmur at the dealings of God with his creatures. You are not as yet brought into as trying circumstances, as were the ancient prophets and apostles. Call to mind a Daniel, the three Hebrew children, Jeremiah, Paul, Stephen, and many more, too numerous too mention; who were stoned, sawn [sawed] asunder, tempted, slain with the sword, and wandered about in sheep skins and goat skins, being destitute, afflicted, tormented, of whom the world was not worthy. They wandered in deserts and in mountains, and in dens, and in caves of the earth; yet they all obtained a good report through faith; and amidst all their afflictions they rejoiced that they were counted worthy to receive persecution for Christ's sake.

We know not what we shall be called to pass through before Zion is delivered and established; therefore, we have great need to live near to God, and always be in strict obedience to all his commandments, that we may have a conscience void of offence [offense] towards God and man.-It is your privilege to use every lawful means in your power to seek redress for your grievances of your enemies, and prosecute them to the extent of the law; but it will be impossible for us to render you any assistance in a temporal point of view, as our means are already exhausted, and we are deeply in debt and know of no means whereby we shall be able to extricate ourselves.

The inhabitants of this county threaten our destruction, and we know not how soon they may be permitted to follow the examples of the Missourians; but our trust is in God, and we are determined by his grace assisting us, to maintain the cause and hold out faithful unto the end, that we may be crowned with crowns of celestial glory, and enter into the rest that is prepared for the children of God.

We are now distributing the type and calculate to commence setting to-day, and issue a paper the last of this week, or beginning of next. We wrote to Elder Phelps some time since, and also sent by Elder Hyde for the names of subscribers to the Star, which we have not yet received; and, until we receive them, the most of the subscribers will be deprived of them; and when you receive this, if you have not sent them, I wish you to attend to it immediately, as much inconvenience will attend a delay.

We expect shortly to publish a political paper, weekly in favor of the present administration; the influential men of that party have offered a liberal patronage to us, and we hope to succeed, for thereby we can show the public the purity of our intention in supporting the government under which we live.

We learn by Elder Phelps, that the brethren have surrendered their arms to the enemy, and are fleeing across the river. If that is the case, it is not meet that they should recommence hostilities with them; but, if not, you should maintain the ground as long as there is a man left, as the spot of ground upon which you were located, is the place appointed of the Lord for your inheritance, and it was right in the sight of God that you contended for it to the last.

You will recollect that the Lord has said that Zion should not be removed out of her place; therefore, the land should not be sold, but be held by the saints, until the Lord in his wisdom, opens a way for your return; and until that time, if you can purchase a tract of land, in Clay county, for present emergencies, it is right you should do so, if you can do it, and not sell your land in Jackson county. It is not safe for us to send you a written revelation on the subject, but what is written above is according to wisdom. I haste to a close to give room for Brother Oliver, and remain yours in the bonds of the everlasting covenant.

JOSEPH SMITH Jr.

December 6th. Being prepared to commence our labors in the printing business, I ask God, in the name of Jesus, to establish it forever, and cause that his word may speedily go forth to the nations of the earth to the accomplishing of his great work, in bringing about the restoration of the house of Israel.

This day, also, the Elders in Missouri sent the following petition

"To his Excellency, Daniel Dunklin, governor of the State of Missouri: We, the undersigned, leading members of the Church of Christ, vulgarly called Mormons, would respectfully represent to your Excellency, in addition to the petition presented to you by Messrs. Phelps and Hyde, and the affidavit of Messrs. Phelps, Gilbert and McLellin, after having read the letters of the Attorney General and District Judge of this circuit to Mr. Reese; that whereas, our society, men, women, and children, after having been in some cases, wounded, scourged, and threatened with death, have been driven by force of arms from their lands, houses, and much of their property in Jackson county;-most of which lands, houses, and property have been possessed by the mob of Jackson county, or others, and are now unlawfully detained from the use and possession of our people. And that whereas our people have been driven and scattered into the counties of Clay, Ray, Van Buren, Lafayette, and others, where in many cases, they are destitute of the common necessaries of life in this, even this winter season; and that whereas, the guns which were taken from our people, as set forth in the affidavit, are kept from them;-Therefore, in behalf of our society, which is so scattered and suffering, we, your petitioners, ask aid and assistance of your Excellency, that we may be restored to our lands, houses, and property, and protected in them by the militia of the state, if legal, or by a detachment of the United States Rangers, which might be located at Independence, instead of Cantonment Leavenworth, till peace is restored. [This could be done probably, by conferring with the President, or perhaps Colonel Dodge] Also, we ask that our men may be organized into companies of Jackson Guards, and be furnished with arms by the state, to assist in maintaining their right against the unhallowed power of the mob of Jackson county:

And then, when arrangements are made to protect us in our persons and property, (which cannot be done without an armed force, nor would it be prudent to risk our lives there, without guards, till we receive strength from our friends, to protect ourselves,) we wish a court of enquiry [inquiry] instituted, to investigate the whole matter of the mob against the Mormons; and we will ever pray.

W. W. PHELPS, ISAAC MORLEY,

JOHN WHITMER, EDW'D PARTRIDGE,

JOHN CORRILL, A. S. GILBERT."

The following letter accompanied the foregoing petition:

Liberty, Dec. 6th, 1833.

Dear Sir:

Your Excellency will perceive by the petition bearing date with this letter, that we intend to return to Jackson county, as soon as arrangements can be made to protect us, after we are again placed into our possessions.

We do not wish to go till we know that our lives are not in danger of a lawless mob.-Your Excellency will understand that, at this inclement season, it will require time to restore us, and troops to protect us, after we are there, for the threats of the mob have not ceased.

Your ob't serv't,

W. W. PHELPS.

To Daniel Dunklin, Governor of Missouri."

To do justice and judgment is more acceptable to the Lord than sacrifice-Solomon.