AN "ATTEMPTED VINDICATION" OF LAW.

It would appear that as soon as the news of the expulsion of the saints reached the ears of the State officers, they were anxious to reinstate them in their possessions. R. W. Wells, the attorney-general of Missouri, wrote the lawyers employed by The Church to the effect that if the "Mormons" desired to be returned to their homes in Jackson County, an adequate force of the State militia would be sent forthwith to accomplish this object, the militia have been ordered to hold themselves in readiness for that purpose. He also promised that if the "Mormons" would organize themselves into a company of militia, they should be supplied with arms by the State. He also suggested that, "as only a certain quantity of public arms can be distributed in each county, those who first apply will be most likely to receive them." This letter was written after a conversation between the governor and the attorney-general; and by that conversation, the attorney-general believed that he was warranted in making these suggestions to the "Mormons," and one would be justified in regarding the foregoing as the sentiments of the governor, as well as the attorney-general.

John F. Ryland, the circuit judge for the district of which Jackson County was a part, wrote to Amos Reese, circuit attorney for the same district, and also counsel for The Church, saying that he had been requested by the governor to inform him "about the outrageous acts of unparalleled violence that had lately happened in Jackson County;" and had been requested by him to examine into these outrages, and to "take steps to punish the guilty and screen the innocent." He, however, (that is, Judge Ryland) could not proceed without some person was willing to give the proper information before him. He asked the circuit attorney to find out from the "Mormons" if they were willing to take legal steps against the citizens of Jackson County; and if they desired to be reinstated in their possessions. If so, he was willing to adopt measures looking toward the accomplishment of this object, saying that the military force would repair to Jackson County, and execute any order he might make respecting the subject. "It is a disgrace to the State," said he, "for such acts to happen within its limits, and the disgrace will attach to our official characters, if we neglect to take proper means to ensure the punishment due such offenders."

The order for an immediate court of inquiry had been prepared by the governor, but he waited to hear from the saints, as to whether or not they desired to be reinstated in their homes. The leading elders of The Church, learning through their attorneys of the steps taken to hold an immediate court of inquiry, at once wrote the governor, asking him not to hold an immediate court of inquiry, as at that time many of those persons whom they would want as witnesses were scattered through several of the surrounding counties, and could not be notified in time to be in attendance. Besides this they urged that many of their principal witnesses would be women and children, and so long as the rage of the mob continued unabated, it would be unsafe to take these witnesses to Independence. "An immediate court of inquiry," wrote A. S. Gilbert, "called while our people are thus situated, would give our enemies a decided advantage in point of testimony." He asked his excellency therefore, in behalf of The Church, to postpone the court of inquiry until the saints were restored to their homes, and had an equal chance with their enemies in producing testimony before the court.

Amos Reese, the circuit attorney, and one of the counsel for The Church, concurred in these very reasonable requests; and said further: "I think that at the next regular term of the court, an examination of the criminal matter cannot be gone into without a guard for the court and witnesses."

The communication which made these suggestions was followed up on the 6th of December by a petition to the governor, which set forth the outrages committed against the saints by the Jackson County mob, as already related in these pages; and asked him to restore them to their possessions in that county; and protect them when restored by the militia of the State, if legal, or by a detachment of the United States troops. The petition suggested that doubtless the latter arrangement could be effected by the governor conferring with the President of the United States on the subject. They also asked that their men be organized into companies of "Jackson Guards," and furnished with arms by the State, that they might assist in maintaining their rights. "And then," said they, "when arrangements are made to protect us in our persons and property (which cannot be done without an armed force, nor would it be prudent to risk our lives there without guards till we receive strength from our friends to protect ourselves), we wish a court of inquiry instituted, to investigate the whole matter of the mob against the 'Mormons.'"

To this petition the governor replied on the 4th of February, 1834; and said the request to be restored to their homes and lands needed no evidence to support the right to have it granted. In relation to the brethren organizing into military companies, the governor said: "Should your men organize according to law—which they have a right to do, indeed it is their duty to do so, unless exempted by religious scruples—and apply for public arms, the executive could not distinguish between their right to have them, and the right of every other description of people similarly situated."

All these answers of the governor to the petition of the exiled saints, so far, were good, and manifested a spirit to administer even-handed justice. But when he comes to consider their request to be protected in their possessions, as well as reinstated in them, his reply was not so favorable. "As to the request," said he, "for keeping up a military force to protect your people, and prevent the commission of crimes and injuries, were I to comply it would transcend the power with which the executive of this State is clothed." Still, the laws of the State empower the "commander-in-chief, in case of actual or threatened invasion, insurrection, or war, or public danger, or other emergency, to call forth into actual service such portion of the militia as he may deem expedient."

In my judgment, it does seem that under the powers here conferred upon the executive by this provision of the fundamental law of the State—the constitution—the governor could have granted the request of the saints to be protected in their homes, until peace was restored. Surely the clause, "or other emergency," in the section of the law just quoted, was broad enough to justify him in protecting, by the State militia, twelve hundred citizens of the United States in their homes until mob violence had subsided—until respect for the civil law had been restored, and these citizens allowed to dwell in safety upon the lands they had purchased from the general government. Under this provision he could have "curbed those cruel devils of their will," without "doing even a little wrong, in order to do a great right"—without "wresting the law to his authority." But he chose to interpret the law otherwise—as follows:

The words, "or other emergency," in our militia law, seem quite broad; but the emergency to come within the object of that provision, shall be of a public nature. Your case is certainly a very emergent one, and the consequences as important to your society as if the war had been waged against the whole State, yet the public has no other interest in it than that the laws be faithfully executed.

The sequel will show how faithfully the laws were executed, and how the "public" stood by, indifferent spectators, while an unoffending people were robbed of their possessions, and the laws of the State set at defiance by insolent mobs. The governor closed his answer to the petition of the exiles by saying that as then advised it would be necessary to have a military guard for the court and State witnesses, while sitting in Jackson County; and he sent an order to the captain of the Liberty Blues to comply with the requisition of the circuit attorney, in protecting the court and executing its orders during the progress of the trials arising out of the Jackson County difficulties; and said the "Mormons" could if they felt so disposed, return under the protection of this guard to their homes, and be protected in them during the progress of the trials.

It required no great wisdom, however, to foresee that for the saints to return to their homes, and then be left there without protection—left to the mercy of inhuman wretches, in whose veins ran none of the milk of human kindness—would not be far removed from suicide, as the mob greatly outnumbered the saints. To return under these circumstances would only be laying the foundation for a greater tragedy than the one already enacted; and the brethren wisely concluded not to attempt to regain possession of their homes, until some measure was adopted to protect them when there—until "God or the President ruled out the mob."

At the February term of the circuit court, which convened at Independence, about twelve of the leading elders were subpoenaed as witnesses on the part of the State, against certain citizens of Jackson County for their acts of mob violence against the "Mormons." On the twenty-third of the month these witnesses crossed the Missouri into Jackson County, under the protection of the Liberty Blues, Captain Atchison commanding. The company numbered about fifty, and were all well armed with United States muskets, bayonets fixed—presenting an outward appearance "fair and warlike." The company and witnesses commenced crossing the river about noon, but it was nearly night before the baggage wagon was taken across. While waiting for the arrival of the wagon, it was decided to camp in the woods, and not go to Independence until the next morning. Half the company and a number of the witnesses went about half a mile towards Independence and built fires for the night. While engaged in these duties the quartermaster and others, who had gone ahead to prepare quarters in town for the company, sent an express back, which was continued by Captain Atchison to Colonel Allen, for the two hundred drafted militia under his command: and also sent to Liberty for more ammunition. The night was passed around the camp fires, as the party was without tents, and the weather cold enough to snow a little.

Next morning the witnesses were marched to Independence under a strong guard and quartered in the block-house—formerly the Flourney Hotel. The attorney-general of the State, Mr. Wells, had been sent down by the governor to assist the circuit attorney, Mr. Reese, "to investigate as far as possible, the Jackson outrage." These gentlemen waited upon the witnesses in their quarters, and gave them to understand that all hope of criminal procedure against the mob was at an end. Only a few minutes afterward, Captain Atchison informed the witnesses that he had received an order from Judge Ryland that the services of his company were no longer needed in Jackson County. So the witnesses for the State were marched out of town to the tune of Yankee Doodle—quick time.

Thus ended the sickly attempt of the State authorities to "execute the law"—in which execution the 'public,' according to the governor, was interested, but no further interested in this outrage. But, "so far as a faithful execution of the laws is concerned," he presumed, "the whole community felt a deep interest; for that which is the case of the 'Mormons' today, may be the case of the Catholics tomorrow; and after them, any other sect that may become obnoxious to a majority of the people of any section of the State." ^[A] After this effort by the State authorities to execute the law, doubtless all other sects or parties who were likely to come under the ban of popular sentiment felt secure in their liberties—satisfied with the valor of the officers of the State who had trembled before the bold front of a mob—a mob which had boasted that if the "Mormons" were reinstated in their homes by the authority of the governor, not three months should elapse before they would drive them again! And even while the circuit court was convened at Independence, and a company of militia was in attendance to execute its mandates, and the attorney-general of the State present to assist the circuit attorney prosecute those who had violated the law—yet, in the presence of all this authority, the old citizens of Jackson gathered, and assumed such a boisterous and mobocratic appearance that their bold front overawed the officers of the court; the attorneys of the State telling the State witnesses—who were also sufferers from the previous violence of the mob—that all hopes of criminal prosecutions against the mob were at an end; while Judge Ryland issued an order for the militia to withdraw, just when they were needed to protect his court in vindicating the law!

Thus ended the only effort that was ever made by the officers of Missouri to bring to justice these violators of the law. One class of citizens had conspired against the liberties of another class, and being the stronger had, without the authority of law, or shadow of justification, driven twelve hundred of them from their possessions, and there was not virtue enough in the executive of the State and his associates to punish the offenders. The determination of the mob to resist the law was stronger than the determination of the State officers to execute it and make it honorable. And yet the constitution of the State made it the imperative duty of the executive to "take care that the laws are faithfully executed." And the laws of the State empowered the commander-in-chief of the militia (the governor) "in case of * * * insurrection, or war, or public danger, or other emergency, to call forth into actual service such portion of the militia as he might deem expedient." With this power placed in his hands by the laws of the State, Governor Dunklin permitted mobs to overawe the court of inquiry he himself had ordered, and allowed them to continue unchecked in their unhallowed deeds of devastation and violence. And while the mobocrats triumphed over the law, the governor's letters to the leading elders of The Church contained many pretty patriotic sentiments, but he lacked the courage to execute the law.

[Footnote A: Governor Dunklin's communication, Millennial Star, Vol. 14, p. 702.]