Life of Heber C. Kimball, an apostle

by Orson F. Whitney

"The late order of Governor Boggs to drive us from this state, or exterminate us, is a thing so novel, unlawful, tyrannical and oppressive, that we have been induced to draw up this memorial, and present this statement of our case to your honorable body, praying that a law may be passed, rescinding the order of the Governor to drive us from the state, and also giving us the sanction of the Legislature to inherit our lands in peace.

"We ask an expression of the Legislature, disapproving of the conduct of those who compelled us to sign a deed of trust, and also disapproving of any man or set of men taking our property in consequence of that deed of trust, and appropriating it to the payment of damage sustained in consequence of trespasses committed by others.

"We have no common stock; our property is individual property and we feel willing to pay our debts as other individuals do. But we are not willing to be bound for other peoples' debts also. The arms which were taken from us here, which we understand to be about six hundred and thirty, besides swords and pistols, we care not so much about, as we do the pay for them, only we are bound to do military duty, which we are willing to do, and which we think was sufficiently manifested by the raising of a volunteer company last fall at Far West, when called upon by General Parkes to raise troops for the frontier.

"The arms given up by us we consider were worth between twelve and fifteen thousand dollars; but we understand they have been greatly damaged since taken, and at this time probably would not bring near their former value. And as they were both here and in Jackson County, taken by the militia, and consequently by the authority of the state, we therefore ask your Honorable Body to cause an appropriation to be made by law, whereby we may be paid for them, or otherwise have them returned to us and the damages made good. The losses sustained by our people in leaving Jackson County, are so situated that it is impossible to obtain any compensation for them by law, because those who have sustained them are unable to prove those trespasses upon individuals. That the facts do exist that the buildings, crops, stock, furniture, rails, timber, etc., of the society, have been destroyed in Jackson County, is not doubted by those who are acquainted in this upper country; and since trespasses cannot be proven upon individuals, we ask your Honorable Body to consider this case and if in your liberality and wisdom you can conceive it to be proper to make an appropriation by law to these sufferers, many of whom are still pressed down with poverty in consequence of their losses, would be able to pay their debts, and also in some degree be relieved from poverty and woe; whilst the widow's heart would be made to rejoice, and the orphan's tears measurably dried up and the prayers of a grateful people ascend on high, with thanksgiving and praise to the author of our existence for that beneficent act.

"In laying our case before your Honorable Body, we say that we are willing, and ever have been, to conform to the Constitution and laws of the United States, and of this state. We ask in common with others the protection of the laws. We ask for the privilege guaranteed to all free citizens of the United States and of this state, to be extended to us, that we may be permitted to settle and live where we please, and worship God according to the dictates of our conscience without molestation. And while we ask for ourselves this privilege we are willing all others should enjoy the same.

"We now lay our case at the feet of your Legislature, and ask your Honorable Body to consider it, and do for us, after mature deliberation, that which your wisdom, patriotism and philanthropy may dictate.

"And we as in duty bound will ever pray.

"A committee appointed by the citizens of Caldwell County, to
draft this memorial and sign it in their behalf. {

EDWARD PARTRIDGE, HEBER C. KIMBALL, JOHN TAYLOR, THEODORE TURLEY, BRIGHAM YOUNG, ISAAC MORLEY, GEORGE W. HARRIS, JOHN MURDOCK, JOHN M. BURK.

"Far West, Caldwell County, Missouri,
Dec. 10, 1838."