The Missouri Persecutions

by B. H. Roberts

John F. Ryland, the circuit judge for the district of which Jackson County was a part, wrote to Amos Reese, circuit attorney for the same district, and also counsel for The Church, saying that he had been requested by the governor to inform him "about the outrageous acts of unparalleled violence that had lately happened in Jackson County;" and had been requested by him to examine into these outrages, and to "take steps to punish the guilty and screen the innocent." He, however, (that is, Judge Ryland) could not proceed without some person was willing to give the proper information before him. He asked the circuit attorney to find out from the "Mormons" if they were willing to take legal steps against the citizens of Jackson County; and if they desired to be reinstated in their possessions. If so, he was willing to adopt measures looking toward the accomplishment of this object, saying that the military force would repair to Jackson County, and execute any order he might make respecting the subject. "It is a disgrace to the State," said he, "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 ensure the punishment due such offenders."

The order for an immediate court of inquiry had been prepared by the governor, but he waited to hear from the saints, as to whether or not they desired to be reinstated in their homes. The leading elders of The Church, learning through their attorneys of the steps taken to hold an immediate court of inquiry, at once wrote the governor, asking him not to hold an immediate court of inquiry, as at that time many of those persons whom they would want as witnesses were scattered through several of the surrounding counties, and could not be notified in time to be in attendance. Besides this they urged that many of their principal witnesses would be women and children, and so long as the rage of the mob continued unabated, it would be unsafe to take these witnesses to Independence. "An immediate court of inquiry," wrote A. S. Gilbert, "called while our people are thus situated, would give our enemies a decided advantage in point of testimony." He asked his excellency therefore, in behalf of The Church, to postpone the court of inquiry until the saints were restored to their homes, and had an equal chance with their enemies in producing testimony before the court.

Amos Reese, the circuit attorney, and one of the counsel for The Church, concurred in these very reasonable requests; and said further: "I 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."

The communication which made these suggestions was followed up on the 6th of December by a petition to the governor, which set forth the outrages committed against the saints by the Jackson County mob, as already related in these pages; and asked him to restore them to their possessions in that county; and protect them when restored by the militia of the State, if legal, or by a detachment of the United States troops. The petition suggested that doubtless the latter arrangement could be effected by the governor conferring with the President of the United States on the subject. They also asked that their men be organized into companies of "Jackson Guards," and furnished with arms by the State, that they might assist in maintaining their rights. "And then," said they, "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 inquiry instituted, to investigate the whole matter of the mob against the 'Mormons.'"

To this petition the governor replied on the 4th of February, 1834; and said the request to be restored to their homes and lands needed no evidence to support the right to have it granted. In relation to the brethren organizing into military companies, the governor said: "Should your men organize according to law—which they have a right to do, indeed it is their duty to do so, unless exempted by religious scruples—and apply for public arms, the executive could not distinguish between their right to have them, and the right of every other description of people similarly situated."

All these answers of the governor to the petition of the exiled saints, so far, were good, and manifested a spirit to administer even-handed justice. But when he comes to consider their request to be protected in their possessions, as well as reinstated in them, his reply was not so favorable. "As to the request," said he, "for keeping up a military force to protect your people, and prevent the commission of crimes and injuries, were I to comply it would transcend the power with which the executive of this State is clothed." Still, the laws of the State empower the "commander-in-chief, in case of actual or threatened invasion, insurrection, or war, or public danger, or other emergency, to call forth into actual service such portion of the militia as he may deem expedient."

In my judgment, it does seem that under the powers here conferred upon the executive by this provision of the fundamental law of the State—the constitution—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 quoted, 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 this provision 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." But he chose to interpret the law otherwise—as follows:

The words, "or other emergency," in our militia law, seem quite broad; but the emergency to come within the object of that provision, shall be of a public nature. 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.

The sequel will show how faithfully the laws were executed, and how the "public" stood by, indifferent spectators, while an unoffending people were robbed of their possessions, and the laws of the State set at defiance by insolent mobs. The governor closed his answer to the petition of the exiles by saying that as then advised it would be necessary to have a military guard for the court and State witnesses, while sitting in Jackson County; and he sent an order to the captain of the Liberty Blues to comply with the requisition of the circuit attorney, in protecting the court and executing its orders during the progress of the trials arising out of the Jackson County difficulties; and said the "Mormons" could if they felt so disposed, return under the protection of this guard to their homes, and be protected in them during the progress of the trials.

It required no great wisdom, however, to foresee that for the saints to return to their homes, and then be left there without protection—left to the mercy of inhuman 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."