Brother Redfield replied, "We want the legislature to pass a law to that effect, showing that the stipulations and deeds of trust are not valid and are unconstitutional; and unless you do pass such a law, we shall not consider ourselves safe in the state. You say there has been a stain upon the character of the state, and now is the time to pass some law to that effect; and unless you do, farewell to the virtue of the state; farewell to her honor and good name; farewell to her Christian virtue, until she shall be peopled by a different race of men; farewell to every name that binds man to man; farewell to a fine soil and a glorious home; they are gone, they are rent from us by a lawless banditti."
Tuesday, December 18.—Mr. Turner, from the joint committee on the "Mormon" investigation, submitted a report, preamble and resolutions, as follows:
The Turner Committee Report to the Missouri Legislature,[[1]]
In Senate, Tuesday, December 18, 1838.
Mr. Turner, from the joint committee on the Mormon investigation, submitted the following report, preamble and resolutions:
The joint committee to whom was referred so much of the governor's message as relates to the recent difficulties between the people called Mormons, and a part of the people of this state, with instructions to inquire into the causes of said disturbances, and the conduct of the military operations in suppressing them, have taken the same under consideration, and would respectfully submit the following report and resolutions:
They have thought it unwise and injudicious under all the existing circumstances of this case, to predicate a report upon the papers, documents, etc., purporting to be copies of the evidence taken before an examining court, held in Richmond, in Ray county, for the purpose of inquiring into the charges alleged against the people called Mormons, growing out of the late difficulties between that people and other citizens of this state.
They consider the evidence adduced in the examination there held, in a great degree, exparte, and not of the character which should be desired for the basis of a fair and candid investigation. Moreover, the papers, documents, etc., have not been certified in such manner as to satisfy the committee of their authenticity.
It has been represented to them that the examining court has sent on for further trial, many of that class of citizens called Mormons, charged with various crimes and offenses; under the charge of treason, six: for murder and as accessories thereto, before and after the fact, eight; and for other felonies, twenty-seven. Special terms of the circuit court are expected to be held in the several counties, in which the above mentioned crimes are represented to have been committed. Grand juries will then have these charges against said people before them, and must act upon the same documentary evidence which the committee would necessarily be compelled to examine, by which circumstance two co-ordinate branches of this government may be brought into collision—a contingency that should be studiously avoided and cautiously guarded against.
Another insuperable objection that has presented itself to the mind of the committee, and which would induce them to suspend an investigation, under present and existing circumstances, would be the consequences likely to result from a publication of their report. Those persons who have been sent on for further trial, have guaranteed to them the sacred and constitutional right of "a speedy trial by an impartial jury of the vicinage," and if the guilt of the accused should be confirmed by the report of the committee, it would so prejudice public sentiment against them, as to deprive them of that right, which should not be taken away by any consideration involved in this inquiry.
If the committee were to find it necessary in the prosecution of their object, to have access to the papers, documents, etc., connected with this difficulty, the probable interference of the several courts being in session, might seriously interrupt their views. It might reasonably be expected that all the evidence of every description, would be in the possession of the courts, to be used on the final trial, and by that means the investigation would be protracted to a much greater length than would be necessary under different circumstances. They would therefore recommend, in order to avoid all the difficulties that have been presented, that a committee, after the adjournment of the general assembly, go into the vicinity of the scene of difficulties, and make their investigation, and report at such time, and in such manner, as the legislature may direct. If this course should be adopted, the committee believe that the session would be much shortened, and heavy expenses saved to the state, which otherwise would necessarily be incurred in sending for witnesses, and bringing them from so great a distance. By a resolution of both houses, the special message of the governor in relation to the subject of inquiry, with the accompanying documents, was referred to the committee, with instructions to select such documents as in their opinion ought to be published with the message, and report to their respective houses. The committee after a full consideration of the subject, with due regard to its importance, are of opinion that it is inexpedient at this time, to publish any of the documents, under the authority of the general assembly, and submit to the two houses the leading reasons for that opinion.
The documents may be divided into several classes:
First—The affidavits and correspondence preceding each series of authorized military operations.
Second—The orders issued upon such evidence.
Third—The military operations and correspondence consequent thereon; and
Fourth—The evidence taken before a court of inquiry, held for the investigation of criminal charges against individuals.
It was found by the joint committee, at an early period after their organization, that, in order to a full and satisfactory investigation of the subjects referred to them, a mass of additional testimony, oral and written, would be required. This becomes apparent to the committee, from the contents of the documents referred to them. These documents, although they are serviceable in giving direction to the courts of inquiry, are none of them, except the official orders and correspondence, such as ought to be received as conclusive evidence of the facts stated; nor are their contents such as would, without the aid of further evidence, enable the committee to form a satisfactory opinion in relation to the material points of the inquiry.
The copy of the examination taken before the criminal court of inquiry, is manifestly not such evidence as ought to be received by the committee.
First—Because it is not authenticated; and
Second—it is confined chiefly to the object of that inquiry; namely: the investigation of criminal charges against individuals under arrest; for these reasons, but above all, for the reason that it would be a direct interference with the administration of justice, this document ought not to be published, with the sanction of the legislature.
The committee conclude, that it would not be proper to publish the official orders and correspondence between the officers in command, and the executive, without the evidence on which they were founded; and that evidence is not sufficiently full and satisfactory to authorize its publication. To publish the whole together might tend to give a direction to the public mind, prejudicial to an impartial administration of justice in pending cases, while it will not afford the means of forming any satisfactory conclusion as to the cause of the late disturbances, or the conduct of the military operations in suppressing them.
The committee therefore recommend to each house to adopt the following resolutions.
Resolved, That it is inexpedient at this time, to prosecute further the inquiry into the causes of the late disturbances and the conduct of the military operations in suppressing them.
Resolved, That it is inexpedient to publish at this time, any of the documents accompanying the governor's message in relation to the late disturbances.
Resolved, That it is expedient to appoint a joint committee, composed of —— senators, and —— representatives, to investigate the cause of said disturbances, and the conduct of the military operations in suppressing them, to meet at such time, and to be invested with such powers as may be prescribed by law.[[2]]
Wednesday, December 19.—Mr. John Corrill presented the petition[[3]] to the house. While it was reading the members were silent as the house of death; after which the debate commenced, and excitement increased till the house was in an uproar; their faces turned red; their eyes flashed fire, and their countenances spoke volumes.
The Debate on the Petition.
Mr. Childs, of Jackson county, said, there was not one word of truth in it, so far as he had heard, and that it ought never to have been presented to that body. Not long ago we appropriated two thousand dollars to their relief, and now they have petitioned for the pay for their lands, which we took away from them. We got rid of a great evil when we drove them from Jackson county, and we have had peace there ever since; and the state will always be in difficulty so long as they suffer them to live in the state; and the quicker they get that petition from before this body the better.
Mr. Ashley, from Livingston, said the petition was false from beginning to end, and that himself and the "Mormons" could not live together, for he would always be found fighting against them, and one or the other must leave the state. He gave a history of the Haun's Mill massacre, and said he saw Jack Rogers cut up McBride with a corn-cutter.
Mr. Corrill corrected Mr. Childs, and stated facts in the petition which he was acquainted with, and that Mr. Childs ought to know that there could not be the first crime established against the "Mormons" while in Jackson county.
One member hoped the matter would not be looked over in silence, for his constituents required of him to know the cause of the late disturbances.
Mr. Young, of Lafayette, spoke very bitterly against the petition and the "Mormons."