A more clear and indisputable right does not exist, than that the "Mormon" people who were expelled from their homes in Jackson County, should return and live on their lands; and if they cannot be persuaded as a matter of policy to give up that right, or to qualify it, my course as the chief executive officer of the State is a plain one. * * * The Constitution of the United States declares: "that the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States." Then we cannot interdict any people who have a political franchise in the United States, from emigrating to this State, nor from choosing what part of the State they will settle in, provided they do not trespass on the property or rights of others. * * * And again, our Constitution says, "that all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience." I am fully persuaded that the eccentricity of the religious opinions and practices of the "Mormons," is at the bottom of the outrages committed against them. They have the right constitutionally guaranteed to them, and it is indefeasible, to believe and worship JOE SMITH as a man, an angel or even as the only true and living God, and to call their habitation Zion, the Holy Land, or even Heaven itself. Indeed there is nothing so absurd or ridiculous that they have not a right to adopt as their religion so that in its exercise they do not interfere with the rights of others.
Surely this is a liberal statement of the rights of the Latter-day Saints, and, indeed, of any other people; for the rights, privileges, and immunities of the saints under the government of the United States are no more than those belonging to other people—certainly they are no less. Still the governor was loath to perform what he admits to be his plain duty in restoring the "Mormons" to their homes. Indeed, he at length refused to do it; fearing that in executing the law, by returning the saints to their homes, he would involve the State in a civil war. He came the easier to this conclusion, doubtless, because the sufferers were an unpopular religious community. But if the execution of law must be abandoned because the violators thereof threaten to resist its execution, or because a reckless mob led by desperate men threaten that if the law is enforced they will plunge the country into civil war—what a burlesque on government it would be to refrain from the execution of law on that account!
On the tenth of June, 1834, the district judge, John F. Ryland, wrote a letter to Elder A. S. Gilbert, asking him to use his influence in gathering his brethren at Liberty, in Clay County, on the sixteenth of the month; saying that he expected to meet a delegation of citizens from Jackson County there, and he was desirous of giving his views upon the present situation of the parties concerned in the Jackson troubles, with the hope of bringing about a peaceable adjustment of them. This letter was read in a public meeting of the saints, and a respectful answer given, promising that as many of the exiles and their friends as conveniently could attend the meeting on the sixteenth would be present. Knowing there had been some talk about the propriety of the saints selling out their lands in Jackson County, and fearing the judge would advise them to do so, the brethren took occasion to say in this communication to him that no such proposition could possibly be acceded to by them, and concluded by saying: "Home is home, and we want possession of our homes from which we have been wickedly expelled—and those rights which belong to us as native free born citizens of the United States."
About one thousand people were in attendance at the meeting at the courthouse in Liberty on the sixteenth of June; and among them were many of the brethren and a deputation of citizens from Jackson County, who made the following proposition for the settlement of the Jackson difficulties:
The people of Jackson County will buy all the land the "Mormons" own in the County of Jackson, and also all the improvements which the "Mormons" had on any of the public lands as they existed before the first disturbance between the people of Jackson and the "Mormons," and for such improvements as they have made since. The valuation of the land and improvements shall be ascertained by three disinterested arbitrators, to be chosen and agreed upon by both parties; should the parties disagree in the choice of arbitrators, then——is to choose them.
Twelve Mormons shall be permitted to go with the arbitrators to show them their lands and improvements while they are being valued; and any other "Mormons" may accompany the arbitrators whom they may desire in order to give them information; and the people of Jackson guarantee their entire safety while doing so.
When the arbitrators report the value of the land and improvements, the people of Jackson will pay to the "Mormons" the valuation, with one hundred per cent added thereon, within thirty days thereafter; the Mormons are to agree not to make any effort ever after to settle, either collectively or individually, within the limits of Jackson County; and are to enter into bonds to insure the conveyance of their lands in Jackson County, according to these terms, when the payment shall be made, and the committee will enter into a like bond, with such security as shall be sufficient, for the payment of the money according to this proposition. While the arbitrators are investigating and deciding upon the matters referred to them, the "Mormons" are not to attempt to enter into Jackson County, or to settle there, except such as are by these propositions permitted to go there.
Or——
The people of Jackson will sell all their lands and improvements on public lands in Jackson County to the "Mormons," the valuation to be obtained in the same manner, the same per cent to be added, and thirty days allowed for payment as in our proposition to buy: the "Mormons" to give good security for the payment of the money, and this delegation will give security that the land will be conveyed to the "Mormons." All parties to remain as they are till the payment is made, at which time the people of Jackson will give possession.[A]
[Footnote A: Abridged from Millennial Star, Volume 15, p. 81.]