History of the Church of Jesus Christ of Latter-day Saints, Volume 3

by Church of Jesus Christ of Latter-day Saints; Jr. Joseph Smith

This grand jury constantly celebrated their achievements with grog and glass in hand, like the Indian warriors at their war dances, singing and telling each other of their exploits in murdering the "Mormons," in plundering their houses and carrying off their property. At the end of every song they would bring in the chorus, "G——d——, G——d——, G——d——, Jesus Christ, G——d—— the Presbyterians, G——d—— the Baptists, G——d—— the Methodists," reitering one sect after another in the same manner, until they came to the "Mormons." To them it was, G——d—— the G——d—— Mormons, we have sent them to hell." Then they would slap their hands and shout, Hosanna! Hosanna! Glory to God! and fall down on their backs and kick with their feet a few moments. Then they would pretend to have swooned away into a glorious trance, in order to imitate some of the transactions at camp meetings. Then they would pretend to come out of the trance, and would shout and again slap their hands and jump up, while one would take a bottle of whisky and a tumbler, and turn it out full of whisky, and pour down each other's necks, crying, "Damn it, take it; you must take it!" And if anyone refused to drink the whisky, others would clinch him and hold him, whilst another poured it down his neck; and what did not go down the inside went down the outside. This is a part of the farce acted out by the grand jury of Daviess county, whilst they stood over us as guards for ten nights successively. And all this in the presence of the great Judge Birch, who had previously said, in our hearing, that there was no law for the "Mormons" in the state of Missouri. His brother was there acting as district attorney in that circuit, and, if anything, was a greater ruffian than the judge.

After all their ten days of drunkenness, we were informed that we were indicted for "treason, murder, arson, larceny, theft, and stealing." We asked for a change of venue from that county to Marion county; they would not grant it; but they gave us a change of venue from Daviess to Boone county, and a mittimus was made out by Judge Birch, without date, name, or place.

They fitted us out with a two-horse wagon, and horses, and four men, besides the sheriff, to be our guard. There were five of us. We started from Gallatin in the afternoon, the sun about two hours high, and went as far as Diahman that evening and stayed till morning. There we bought two horses of the guard, and paid for one of them in clothing, which we had with us; and for the other we gave our note.

We went down that day as far as Judge Morin's—a distance of some four or five miles. There we stayed until the next morning, when we started on our journey to Boone county, and traveled on the road about twenty miles distance. There we bought a jug of whisky, with which we treated the company; and while there the sheriff showed us the mittimus before referred to, without date or signature, and said that Judge Birch told him never to carry us to Boone county, and never to show the mittimus; and, said he, I shall take a good drink of grog and go to bed, and you may do as you have a mind to.

Three others of the guard drank pretty freely of whisky, sweetened with honey. They also went to bed, and were soon asleep, and the other guard went along with us, and helped to saddle the horses.

Two of us mounted the horses, and the other three started on foot, and we took our change of venue for the state of Illinois, and in the course of nine or ten days arrived safe at Quincy, Adams county, where we found our families in a state of poverty, although in good health, they having been driven out of the state previously by the murderous militia, under the exterminating order of the executive of Missouri; and now [1843] the people of that state, a portion of them, would be glad to make the people of this state [Illinois] believe that my brother Joseph had committed treason, for the purpose of keeping up their murderous and hellish persecution; and they seem to be unrelenting and thirsting for the blood of innocence; for I do know most positively that my brother Joseph has not committed treason, nor violated one solitary item of law or rule in the state of Missouri.

But I do know that the "Mormon" people, en masse, were driven out of that state, after being robbed of all they had; and they barely escaped with their lives, as also my brother Joseph, who barely escaped with his life. His family also were robbed of all they had, and barely escaped with the skin of their teeth, and all this in consequence of the exterminating order of Governor Boggs, the same being sanctioned by the legislature of the state.

And I do know, so does this court, and every rational man who is acquainted with the circumstances, and every man who shall hereafter become acquainted with the particulars thereof, will know that Governor Boggs and Generals Clark, Lucas, Wilson, and Gillium, also Austin A. King, have committed treason upon the citizens of Missouri, and did violate the Constitution of the United States, and also the constitution and laws of the state of Missouri, and did exile and expel, at the point of the bayonet, some twelve or fourteen thousand inhabitants from the state, and did murder a large number of men, women and children in cold blood, and in the most horrid and cruel manner possible; and the whole of it was caused by religious bigotry and persecution, because the "Mormons" dared to worship Almighty God according to the dictates of their own consciences, and agreeable to His divine will as revealed in the scriptures of eternal truth, and had turned away from following the vain traditions of their fathers, and would not worship according to the dogmas and commandments of those men who preach for hire and divine for money, and teach for doctrine the precepts of men; the Saints expecting that the Constitution of the United States would have protected them therein.

But notwithstanding the "Mormon" people had purchased upwards of two hundred thousand dollars' worth of land, most of which was entered and paid for at the land office of the United States, in the state of Missouri; and although the President of the United States has been made acquainted with these facts and the particulars of our persecutions and oppressions, by petition to him and to Congress, yet they have not even attempted to restore the "Mormons" to their rights, or given any assurance that we may hereafter expect redress from them. And I do also know most positively and assuredly that my brother Joseph Smith, Sen., has not been in the state of Missouri since the spring of the year 1839. And further this deponent saith not.

[Signed] Hyrum Smith.