ATTEMPT AT ARBITRATION.

Whether it was the fear of popular censure or the approach of Zion's Camp that awed the Jackson County mob into suggesting a peaceable adjustment of their difficulties with the saints, we cannot say. Perhaps both considerations had their weight. At any rate the month of May, 1834, found them suggesting to Governor Dunklin, through some influential gentlemen of Clay County, the propriety of dividing Jackson County so that the old settlers and the saints could occupy separate territory, and confine themselves within their respective limits, with the exception of the public right of ingress and egress upon the highway.

This plan of settling the Jackson County trouble was suggested by Colonel J. Thornton, and concurred in by Messrs. Reese, Atchison and Doniphan. Their communication brought out a reply from the governor in which he expressed his pleasure at these gentlemen making an effort to bring about a compromise of the difficulties. He told them that had he not been afraid of embarrassing himself as an officer of the State he should have exerted himself to have brought about a compromise even before then; but he was fearful of traveling out of the strict line of his duty as the chief executive of the State, should he do so. Said he:

My first advice would be to the "Mormons" to sell out their lands in Jackson County, and to settle somewhere else, where they could live in peace, provided they could get a fair price for their lands, and reasonable damages for injuries received. If this failed, I would try the citizens, and advise them to meet and rescind their illegal resolves of last summer, and agree to conform to the laws in every particular, in respect to the "Mormons."

Should success attend neither of these plans, he would then try the plan of dividing the county as suggested by Colonel Thornton. "If all these failed," said the governor, "then the simple question of legal right would have to settle it. It is this last that I am afraid I shall have to conform my action to in the end." From the whole tenor of this communication, we learn that even the governor understood that the "simple question of legal right" would reinstate the saints on the lands from which they had been driven. Here is an extract from the letter which confirms this statement:

A more clear and indisputable right does not exist, than that the "Mormon" people who were expelled from their homes in Jackson County, should return and live on their lands; and if they cannot be persuaded as a matter of policy to give up that right, or to qualify it, my course as the chief executive officer of the State is a plain one. * * * The Constitution of the United States declares: "that the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States." Then we cannot interdict any people who have a political franchise in the United States, from emigrating to this State, nor from choosing what part of the State they will settle in, provided they do not trespass on the property or rights of others. * * * And again, our Constitution says, "that all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience." I am fully persuaded that the eccentricity of the religious opinions and practices of the "Mormons," is at the bottom of the outrages committed against them. They have the right constitutionally guaranteed to them, and it is indefeasible, to believe and worship JOE SMITH as a man, an angel or even as the only true and living God, and to call their habitation Zion, the Holy Land, or even Heaven itself. Indeed there is nothing so absurd or ridiculous that they have not a right to adopt as their religion so that in its exercise they do not interfere with the rights of others.

Surely this is a liberal statement of the rights of the Latter-day Saints, and, indeed, of any other people; for the rights, privileges, and immunities of the saints under the government of the United States are no more than those belonging to other people—certainly they are no less. Still the governor was loath to perform what he admits to be his plain duty in restoring the "Mormons" to their homes. Indeed, he at length refused to do it; fearing that in executing the law, by returning the saints to their homes, he would involve the State in a civil war. He came the easier to this conclusion, doubtless, because the sufferers were an unpopular religious community. But if the execution of law must be abandoned because the violators thereof threaten to resist its execution, or because a reckless mob led by desperate men threaten that if the law is enforced they will plunge the country into civil war—what a burlesque on government it would be to refrain from the execution of law on that account!

On the tenth of June, 1834, the district judge, John F. Ryland, wrote a letter to Elder A. S. Gilbert, asking him to use his influence in gathering his brethren at Liberty, in Clay County, on the sixteenth of the month; saying that he expected to meet a delegation of citizens from Jackson County there, and he was desirous of giving his views upon the present situation of the parties concerned in the Jackson troubles, with the hope of bringing about a peaceable adjustment of them. This letter was read in a public meeting of the saints, and a respectful answer given, promising that as many of the exiles and their friends as conveniently could attend the meeting on the sixteenth would be present. Knowing there had been some talk about the propriety of the saints selling out their lands in Jackson County, and fearing the judge would advise them to do so, the brethren took occasion to say in this communication to him that no such proposition could possibly be acceded to by them, and concluded by saying: "Home is home, and we want possession of our homes from which we have been wickedly expelled—and those rights which belong to us as native free born citizens of the United States."

About one thousand people were in attendance at the meeting at the courthouse in Liberty on the sixteenth of June; and among them were many of the brethren and a deputation of citizens from Jackson County, who made the following proposition for the settlement of the Jackson difficulties:

The people of Jackson County will buy all the land the "Mormons" own in the County of Jackson, and also all the improvements which the "Mormons" had on any of the public lands as they existed before the first disturbance between the people of Jackson and the "Mormons," and for such improvements as they have made since. The valuation of the land and improvements shall be ascertained by three disinterested arbitrators, to be chosen and agreed upon by both parties; should the parties disagree in the choice of arbitrators, then——is to choose them.

Twelve Mormons shall be permitted to go with the arbitrators to show them their lands and improvements while they are being valued; and any other "Mormons" may accompany the arbitrators whom they may desire in order to give them information; and the people of Jackson guarantee their entire safety while doing so.

When the arbitrators report the value of the land and improvements, the people of Jackson will pay to the "Mormons" the valuation, with one hundred per cent added thereon, within thirty days thereafter; the Mormons are to agree not to make any effort ever after to settle, either collectively or individually, within the limits of Jackson County; and are to enter into bonds to insure the conveyance of their lands in Jackson County, according to these terms, when the payment shall be made, and the committee will enter into a like bond, with such security as shall be sufficient, for the payment of the money according to this proposition. While the arbitrators are investigating and deciding upon the matters referred to them, the "Mormons" are not to attempt to enter into Jackson County, or to settle there, except such as are by these propositions permitted to go there.

Or——

The people of Jackson will sell all their lands and improvements on public lands in Jackson County to the "Mormons," the valuation to be obtained in the same manner, the same per cent to be added, and thirty days allowed for payment as in our proposition to buy: the "Mormons" to give good security for the payment of the money, and this delegation will give security that the land will be conveyed to the "Mormons." All parties to remain as they are till the payment is made, at which time the people of Jackson will give possession.^[A]

[Footnote A: Abridged from Millennial Star, Volume 15, p. 81.]

After these propositions were submitted to the meeting, a number of speeches were made in which much bitterness was manifested against the saints. The Rev. M. Riley, a Baptist minister, said: "The 'Mormons' have lived long enough in Clay County; and they must either clear out, or be cleared out."

To which the chairman of the meeting, Mr. Turnham, replied: "Let us be republicans, let us honor our country, and not disgrace it like Jackson County. For God's sake don't disfranchise or drive away the 'Mormons.' They are better citizens than many of the old inhabitants."

General Doniphan:—"That's a fact, and as the 'Mormons' have armed themselves, if they don't fight they are cowards. I love to hear that they have brethren coming to their assistance. Greater love can no man show, than he who lays down his life for his brother."

Cries of "adjourn," and "no, no, go on!" were now heard, mingled with curses loud and deep, and the ominous gleaming of knives, and cocking of pistols. To add to the excitement a man by the door yelled out—"A man stabbed!" At this, those in the court room rushed out to learn what had happened. It turned out that a blacksmith by the name of Calbert had stabbed a man by the name of Wales, who had boasted of having whipped many of the "Mormons"—one of whom had nearly lost his life through the injuries received. The meeting broke up without further bloodshed.

In the midst of this excitement a few of the brethren retired and addressed a communication to the Jackson County delegation in attendance at the meeting, to the effect that their proposition for a settlement of the Jackson difficulties would be presented to the saints, and an answer to it would be handed to Judge Turnham by the twentieth, sooner if possible. The brethren assured the Jackson delegation that peace was what they desired, and promised to use all their influence to establish it, and disclaimed any design to commence hostilities against the inhabitants of Jackson County; and further pledged themselves to use their influence to prevent the large company of their men (Zion's Camp) then en route for Missouri, going into Jackson County until the citizens of Jackson should receive an authoritative answer to their proposition to "buy or sell."

The Jackson delegation, in a very bad humor, started for Independence. One of the leaders, James Campbell, as he adjusted his pistols in his holsters, exclaimed: "The eagles and buzzards shall eat my flesh, if I don't fix Joe Smith and his army [meaning Zion's Camp,] so that their skins won't hold shucks before two days are passed."

The Jackson delegation went to Ducker's ferry and started to cross the Missouri, but when about the middle of the river, their boat suddenly went down as if made of lead. There was no storm—the river was calm, and no natural explanation could be given for the sinking of the boat. Joseph declared that the angel of the Lord sank it.^[B] Indeed the circumstances are such as to go very far toward strengthening the statement. It is supposed that about twelve men were in the boat, and of this number seven ^[C] were drowned. Of the number drowned the names of three are all that have been learned—Ike Job,——Everett and James Campbell. The body of Campbell was found by a Mr. Purtle, about three weeks after the occurrence, on a pile of drift-wood, some four or five miles below where the boat sank. But little more than the skeleton of the man remained. His flesh had been eaten by the eagles and buzzards. His fate points a fearful warning to those who raise their hands against God's anointed. It gives us reason to believe that the day is not distant when the command of Jehovah—"Touch not mine anointed, and do my prophets no harm"—must be obeyed.

[Footnote B: Millennial Star, Volume 15, p. 83.]

[Footnote C: Joseph states that seven were drowned, (see History of Joseph Smith, Millennial Star, Volume 15, p. 83); but the History of Clay County, published in St. Louis by the National Historical Society, says that only five were drowned.]

The fate of Owens was more ludicrous—a comedy rather than a tragedy. He floated down the stream until he landed on an island, where he remained all night. The next morning he stripped off his clothes and swam ashore and laid down by the side of a log, close to the road. A lady passing on horse-back, learning of his condition, dropped him her shawl to cover his nakedness, until he could secure clothing.