He further wished to know whether a writ issued by him upon the oath of Joshua Lewis and Hiram Page had been handed to the sheriff for service; and if so what was the fate of the writ. This letter was dated November 24, 1833.
In answer to the governor's inquiries Mr. Gilbert wrote that officer on November 29th, giving the following reasons why an immediate court of inquiry could not be held. "Our Church is scattered in every direction: some in Van Buren, (a new county;) a part in this county, (Clay;) and a part in Lafayette, Ray, etc. 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 to 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 to leave the county in three days, or they would tear their houses down over their heads, etc." * * *
"An immediate court of 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 homes, and ours also; with no enemy in the county to molest or make them afraid."
This letter was read and concurred in by Mr. Reese.
Those people threatened on the 24th, as stated by Mr. Gilbert, fled into Clay County and encamped on the Missouri.
December 6th, an additional memorial of facts and petition for aid, was sent to Governor Dunklin, setting forth the facts of their dispersion, and signed by six of the elders of The Church. A letter accompanied the petition, informing his excellency of the wish and intention of the saints to return to their homes, if assured of safety and protection.
On Monday, December 24th, four families living near Independence, whose age and penury prevented their removal in haste, were driven from their homes; the chimneys of their houses were thrown down, and the doors and windows broken in. Two of these men were named Miller and Jones, Mr. Miller being sixty-five years old, and the youngest of the four.
A court of inquiry was held in Liberty, Clay County, during December, which resulted in the arrest of Colonel Pitcher for driving the saints, or "Mormons," from Jackson, for trial by court-martial.
Mr. Gilbert wrote Governor Dunklin from Liberty, Clay County, January 9, 1834, submitting for consideration the idea of the saints making the endeavor to purchase the property of a number of the most violent opposers, if such effort would be satisfactory, and help to solve the question peaceably.
Governor Dunklin replied to the memorials and petitions of the saints in a friendly manner, avowing his desire and design to enforce the civil law, and if practicable, to reinstate those unlawfully dispossessed of their homes. Two clauses in this letter disclose something in reference to the peculiar animus of the persecution waging against the "Mormon" population. He wrote: "Your case is certainly a very emergent one, and the consequences as important to your society as if the war had been waged against the whole State; yet the public has no other interest in it, than that the laws be faithfully executed. Thus far, I presume, the whole community feel a deep interest, for that which is the case of the 'Mormons' today, may be the case of the Catholics tomorrow; and after them any other sect that may become obnoxious to a majority of the people of any section of the State. So far as a faithful execution of the laws is concerned, the executive is disposed to do everything consistent with the means furnished him by the legislature, and I think I may safely say the same of the judiciary.