Report of the Senate Judiciary Committee on the Case of the Saints vs. Missouri.

Twenty-sixth Congress—First Session.—In the Senate of the United States, March 4th, 1840. Submitted, laid on the table, and ordered to be printed, the following Report, made by Mr. Wall—

The Committee on the Judiciary to whom was referred the Memorial of a Delegation of the Latter-day Saints, report—

The Petition of the Memoralists sets forth, in substance, that a portion of their sect commenced a settlement in the county of Jackson, in the state of Missouri, in the summer of 1831; that they bought lands, built houses, erected churches, and established their homes, and engaged in all the various occupations of life; that they were expelled from that county in 1833 by a mob, under circumstances of great outrage, cruelty, and oppression, and against all law, and without any offense committed on their part, and to the destruction of property to the amount of 120,000 dollars; that the society thus expelled amounted to about 1,200 souls; that no compensation was ever made for the destruction of their property in Jackson; that after their expulsion from Jackson county, they settled in Clay county, on the opposite side of the Missouri river, where they purchased lands, and entered others at the land office; where they resided peaceably for three years, engaged in cultivation, and other useful and active employments, when the mob again threatened their peace, lives, and property; and they became alarmed, and finally made a treaty with the citizens of Clay county, that they should purchase their lands, and the Saints should remove; which was complied with on their part, and the Saints removed to the county of Caldwell, where they took up their abode and re-established their settlement, not without heavy pecuniary losses and other inconveniences; that the citizens of Clay county never paid them for their lands, except for a small part; they remained in Caldwell from 1836 until the fall of 1838, and during that time had acquired, by purchase from the Government, the settlers, and pre-emptioners, almost all the lands in the county of Caldwell, and a portion of the lands in Daviess and Carroll counties—the former county being almost entirely settled by the Saints, and they were rapidly filling up the two latter counties.

Those counties, when the Saints first commenced their settlement, were for the most part wild and uncultivated, and they had converted them into large and well improved farms, well stocked. Land had risen in value to ten or even twenty-five dollars per acre, and these counties were rapidly advancing in cultivation and wealth.

That in August, 1838, a riot commenced, growing out of an attempt of a Saint to vote, which resulted in creating great excitement, and the perpetration of many scenes of lawless outrage, which are set forth in the Petition. That they were finally compelled to fly from those counties, and on the 11th October, 1838, they sought safety by that means, with their families, leaving many of their effects behind. That they had previously applied to the constituted authorities of Missouri for protection, but in vain. They allege, that they were pursued by the mob; that conflicts ensued; deaths occurred on each side; and finally a force was organized under the authority of the Governor of the state of Missouri, with orders to drive the Saints from the state, or exterminate them. The Saints thereupon determined to make no further resistance, but to submit themselves to the authorities of the state.

Several of the Saints were arrested and imprisoned on a charge of treason against the state, and the rest, amounting to about 15,000 souls, fled into other states, principally into Illinois, where they now reside.

The petition is drawn up at great length, and sets forth, with feeling and eloquence, the wrongs of which they complain; justifies their own conduct, and aggravates that of those whom they call their persecutors, and concludes by saying they see no redress, unless it be obtained of the Congress of the United States, to whom they make their solemn, last appeal, as American citizens, as Christians, and as men; to which decision they say they will submit.

The committee have examined the case presented by the petition, and heard the views urged by their agent, with care and attention; and after full examination and consideration, unanimously concur in the opinion—

That the case presented for their investigation is not such a one as will justify or authorize any interposition by this government.

The wrongs complained of are not alleged to be committed by any of the officers of the United States, or under the authority of its government in any manner whatever. The allegations in the petition relate to the acts of its citizens, and inhabitants and authorities of the state of Missouri, of which state the petitioners were at the time citizens, or inhabitants.

The grievances complained of in the petition are alleged to have been done within the territory of the state of Missouri. The committee, under these circumstances, have not considered themselves justified in inquiring into the truth or falsehood of the facts charged in the petition. If they are true, the petitioners must seek relief in the courts of judicature of the state of Missouri, or of the United States, which has the appropriate jurisdiction to administer full and adequate redress for the wrongs complained of, and doubless will do so fairly and impartially;[[4]] or the petitioners may, if they see proper, apply to the justice and magnanimity of the state of Missouri—an appeal which the committee feel justified in believing will never be made in vain by the injured or oppressed.

It can never be presumed that a state either wants the power or lacks the disposition to redress the wrongs of its own citizens, committed within her own territory, whether they proceed from the lawless acts of her officers or any other persons. The committee therefore report that they recommend the passage of the following resolution:

Resolved, That the committee on the judiciary be discharged from the further consideration of the memorial in this case; and that the memorialists have leave to withdraw the papers which accompany their memorial.

Footnotes:

[1]. Richmond is in Schoharie county, about seventy miles west of Albany, N. Y.

[2]. Mulholland street in Nauvoo was named in honor of this worthy man. It ran east and west on the south side of the Temple block, and became the principal business street of the city. It was to him that the Prophet dictated a considerable part of his history. See History of the Church, Vol. III, p. 375.

[3]. He never was. In the Presidential election of 1840, Van Buren was renominated by the Democratic Party, but was defeated by William Henry Harrison, the Whig candidate. Harrison received two hundred and thirty-four electoral votes to sixty for Van Buren. In 1848 Van Buren was again a candidate for President being the nominee of the Free Soil Party. Lewis Cass was the nominee of the Democrats, and Zachary Taylor of the Whigs. Taylor was elected, and Van Buren did not receive a single electoral vote.

[4]. The Saints never acted upon the suggestion of the judiciary committee of the Senate, that they take their case before the Federal courts. The reasons why are considered at length in the introduction of this volume which see.

CHAPTER V.

Affairs of the Saints before United States Senate—General Conference of the Church at Nauvoo—Action of the Church with Reference to Senate Committee's Report—Mission to Palestine.

Friday, 6.—Attended the meeting of the High Council of Iowa, at Brother Elijah Fordham's, Montrose.