"As now advised, I am of the opinion that a military guard will be necessary to protect the State witnesses and officers of the court, and to assist in the execution of its orders, while sitting in Jackson County."
An order was sent by the same mail from the governor, directing the captain of the Liberty Blues, a military organization, to comply with the requisitions of the circuit attorney, in the progress of the trials that might ensue. This letter is dated February 4, 1834.
Suits were instituted by Messrs. Phelps and Partridge, in the proper courts of Jackson County, and a dozen or so of the brethren summoned by subpoena to attend the sitting of the court of inquiry to be held. These witnesses were met February 23rd, at Everett's Ferry by the Liberty Blues, fifty strong, commanded by Captain Atchison, to guard them into Jackson County. They crossed the river, and encamped about a mile from it. From reports brought into camp by scouts sent out, Captain Atchison sent an order to Captain Allen for two hundred drafted militia, and to Liberty for ammunition. The next day the party reached Independence, where the witnesses met the district attorney, Mr. Reese, and the attorney-general, Mr. Wells; and from them it was ascertained that all prospect for a criminal prosecution was at an end. Mr. Wells had been instructed by the governor, to investigate, "as far as possible," the outrages in Jackson; but the determined opposition presented to the enforcement of the law, by those who had driven the "Mormons" out, prevented the performance of executive duty. The judge discharged Captain Atchison and his company of Blues, stating that their service was not needed and that officer marched out of town, with the witnesses under guard, to the tune of "Yankee Doodle."
While all this was transpiring time passed on and others were made to suffer. One old man Lindsay, nearly seventy, had his house thrown down, his goods, corn and other property piled together and fired, but was fortunate, after the parties who did it left, to save a part of his effects through the exertions of a son. Lyman Leonard, one of those who was compelled to return from Van Buren County was dragged from his house, beaten and left for dead, but revived and escaped. Joshua Sumner and Barnet Cole were beaten severely at the same time.
March 31st, 1834, Ira I. Willis went over from Clay County into Jackson to look for and reclaim a cow that had strayed. While at the house of Justice Manship, making proof to the ownership of the cow, he was set upon and cruelly whipped.
April 10th, 1804,[G] a petition was prepared memoralizing the President of the United States, and stating the facts of the expulsion of the people from Jackson County; and further setting forth that an impartial investigation into their several individual wrongs in the county where those wrongs were committed was impossible; they therefore asked that the executive power of the United States be exercised in their protection. This memorial and petition was signed by one hundred and fourteen of the expelled refugees.
[Footnote G: Doubtless should be 1834.]
In answer to this petition the President by order replied that the matter of the petition was referred to the War Department, and the department declined interference, as it did not appear that the emergency warranting such interference had occurred. This information was dated May 2nd, 1834, and signed by Lewis Cass. On the same day Governor Dunklin wrote to Messrs. Phelps and others, that the court of inquiry, before which Lieut. Col. Pitcher was to answer, had decided that the demand made by the officer for the surrender of the arms of the saints on Nov. 5th, 1833, was improper, and an order was sent to Col. Lucas to return them. This order directed Col. Lucas to deliver to W. W. Phelps, E. Partridge and others, fifty-two guns and one pistol, received by Col. Pitcher from the "Mormons," Nov. 5th, 1833.
The result of this order is seen from the following communication made to Gov. Dunklin, May 7th, 1834: "Since the 24th ult., the mob of Jackson County have burned our dwellings to the number of over one hundred and fifty. Our arms were also taken from the depository, (the jail,) about ten days since and distributed among the mob." * * * * * * *
The order for the restoration was forwarded to Col. Lucas, at Independence, May 17th, with a statement that he might return the arms to either of the three ferries on the Missouri, the line between Jackson and Clay counties. Of this delivery of the order the governor was informed by letter dated May 29th. To the letter and order to Col. Lucas, that officer stated that he would reply by May 22nd, but before that time he removed to Lexington and did not reply what he would do.