CHAPTER XVII.

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IMPORTUNING AT THE FEET OF THE JUDGE—THE GOVERNOR—THE PRESIDENT.

Pending the gathering of the strength of the Lord's house to go up to redeem Zion, the saints who had been driven from their homes were instructed to importune at the feet of the judge; and if he heed them not, then to importune at the feet of the governor; and if the governor heeded them not, then to importune at the feet of the president; and if the president heeded them not, "then will the Lord rise and come forth out of his hiding place, and in his fury vex the nation, and in his hot displeasure, and his fierce anger, in his time, will cut off these wicked, unfaithful, and unjust stewards."

The brethren now began the work of petitioning in earnest. The authorities and brethren in Kirtland petitioned the governor of Missouri in behalf of their afflicted brethren of that State, inclosing in their petition the revelation the Lord had given respecting the redemption of Zion.[A] They also sent a similar petition, and the same revelation, to the President of the United States. "And now," wrote Joseph to the brethren in Missouri, "we will act the part of the poor widow [B] to perfection, if possible, and let our rulers read their destiny if they do not lend a helping hand."

[Footnote A: Doc. & Cov. Sec. 101.]

[Footnote B: Luke 18:1-6.]

The saints in Missouri were by no means idle. They continued to keep the subject of their wrongs constantly before the authorities of the State. They also prepared a petition to the President of the nation, setting forth their wrongs at great length, enclosing in it the reply of the governor to their petition to him. And since the governor claimed that the laws of his State did not authorize him to keep a military force in Jackson County, to protect them in their homes after their restoration, they asked the President to restore them to their possessions, and protect them when so restored, by an armed force, until peace was insured. Their petition also referred to the section of the Constitution which provides that the United States shall protect each state against invasion; "and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence." [C] At the same time the exiles informed Governor Dunklin that they had petitioned the President for a force to protect them in their homes, and asked him to assist them by sending to the chief executive of the nation a few lines in support of their claims. Elder Phelps wrote Senator Thomas H. Benton, informing him of their having sent a petition to the President, and asked him for his co-operation in securing their rights. Governor Dunklin answered that as it was possible that the saints had asked the President to do something that he was not empowered to do, he could not consistently join with them in urging him to do it. "If you will send me a copy of your petition to the President, I will judge of his right to grant it; and if of opinion he possesses the power, I will write in favor of its exercise." But whether the saints complied with this request or not, I cannot learn.

[Footnote C: Const. Art. iv, Sec. 4.]

On the second of May, 1834, they received a communication from Washington, which, as might have been anticipated, stated that the offenses of which they complained were violations against the laws of the State of Missouri, and not the laws of the United States, and the clause in the Constitution to which they had alluded, extended only to proceedings under the laws of the United States. "Where an insurrection in any State exists, against the government thereof," said the communication from Washington, "the President is required, on the application of such State, or of the executive (when the legislature cannot be convened), to call forth such a number of the militia, as he may judge sufficient to suppress such insurrection. But this state of things does not exist in Missouri, or if it does, the fact is not shown in the mode pointed out by law. The President cannot call out a military force to aid in the execution of the State laws, until the proper requisition is made upon him by the constituted authorities." And as the "constituted authorities" would not make that requisition, all hopes of assistance from the general government, of course, were at an end.

When the State legislature convened, the governor called the attention of the body legislative to the outrages committed by the citizens of Jackson County against the "Mormons," saying: "As yet, none have been punished for these outrages, and I believe that, under our present laws, conviction for any violence committed against a 'Mormon' cannot be had in Jackson County. * * * It is for you to determine what amendment the laws may require, so as to guard against such acts of violence for the future." This notice of the question in the governor's message revived the sinking hopes of the exiles, but it was only again to have them disappointed. The portion of the governor's message which referred to the Jackson outrage was given to a special committee, and at the suggestion of Messrs. Thompson and Atchison, of the Missouri legislature, the saints petitioned that body for an enactment to reinstate them in their homes and protect them, when thus reinstated, but it availed nothing. The legislature took no action in the matter. The violators of the law went unwhipped of justice. Suffering innocence found no protector in the State.

                                                                                                                                                                                                                                                                                                           

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