The Case Before the Legislature

In December, 1838, the Legislature of Missouri met. Governor Boggs laid before that body the information in his hands relative to the difficulty with the Latter-day Saints. This information was woefully lacking in the matter of the petitions and documents sent to him in defense of the Saints. On the 10th of that month Brigham Young, Heber C. Kimball, John Taylor and other brethren petitioned the legislature, setting forth their side of the case. This petition was presented to David R. Atchison and others, December 17. The following day Mr. Turner, from a joint committee, presented before the senate a report of findings, based on the governor’s information. This report stated that the evidence was “not authenticated,” and was confined chiefly to investigation of criminal charges against individuals under arrest; the evidence was ex parte; and without aid of further evidence, the committee could not form a satisfactory opinion in relation to the material points. For these reasons, and because “it would be a direct interference with the administration of justice, the committee reported that this document ought not to be published, with the sanction of the legislature.” December 19, the petition of the brethren was presented by John Corrill, who had but recently departed from the Church. It was read in profound silence, but at the close of the reading, the house was in an uproar. A Mr. Childs, of Jackson County, denounced the petition saying there was not a word of truth in it. Mr. Ashley, of Livingstone County, denounced the “Mormons” as did also Mr. Young, of Lafayette. Ashley was one of the murderers at Haun’s Mill, and even boasted of that slaughter before the house. Mr. Redman, of Howard County, and Mr. Gyer, of St. Louis, and a few other members, demanded a full investigation, for they believed there was truth in the petition, and the actions of those members in opposing an investigation was because they feared their evil deeds might be brought to light. The result of it all was that the petition was laid on the table, “until the 4th day of July next,”—Independence day. January 16, 1839, Mr. Turner introduced in the senate a bill “to provide for the investigation of the late disturbances in this state.” The bill passed the senate, but when it came to the house (Feb. 4) it followed the petition and was laid on the table, also to be taken up on Independence day. Many considered this an approval of the wrongs committed on the “Mormons” in Missouri. David R. Atchison and a few others vigorously protested against such criminal action, but found themselves in the minority, for the motion prevailed by a majority of eleven votes.

Legislative Appropriations

In December, the legislature of Missouri appropriated two thousand dollars “to be distributed among the people of Daviess and Caldwell Counties.” The “good” people of Daviess were very “generous” and felt that they could do without their portion of this appropriation, and let it be given to the people of Caldwell. They could well afford to do such a thing, for they had robbed the “Mormon” people of nearly all they possessed. They had ransacked their homes and carried off their household furniture and goods, and otherwise enriched themselves at the expense of the Saints who had dwelt among them. This sum, so it was pretended, was distributed among the people in Caldwell. Judge Cameron and others attended to the “distribution.” The way they did it was to drive off the hogs belonging to the “Mormons” and shoot them, and without further bleeding, cut them up and deliver them to the Saints, at four or five cents a pound. They also “gave them a few calicos,” and the “sweepings of an old store,” charging them an extra price for the goods, and thus was the “munificient” sum of two thousand dollars distributed among the “Mormons.” Later the same legislature appropriated two hundred thousand dollars to pay the troops for their work in driving the “Mormons” from the state. In this manner were law and justice administered in Missouri in the years 1838 and 1839.

Extent of “Mormon” Losses

The total value of the property destroyed in Missouri, which belonged to the Saints, is beyond our knowledge. It was estimated to be not less than two million dollars, from the time they first settled in that state until their expulsion. About twelve hundred members of the Church were driven from Jackson County in 1833, and all their property was lost to them. When again they were forced to leave Clay County, though they went peaceably at the request of the other citizens, they left behind them a vast amount of property for which no remuneration was ever received. When they were expelled from the state in the winter of 1838 –9, the Saints numbered between twelve and fifteen thousand souls. All their property, except the little they were able to gather hastily and carry with them, was either destroyed or stolen by their enemies. In the appeal made to Congress and the President of the United States, in 1839, the amount of their losses was estimated at two million dollars. Claims against Missouri for the losses were presented to Congress in the sum of $1,381,044.00, and this represented only 491 individuals; many others who lost property, entered no claims for damages against that state.

In addition to this loss of property, the Prophet Joseph paid in lawyers’ fees, for the defense of the people and himself, against the unhallowed persecutions of their enemies, about fifty thousand dollars; with very little benefit in return. And for all this, the generous state of Missouri, for a show before the world of their charity and kindness toward the people they had robbed, could afford to appropriate the magnificent sum of two thousand dollars! And what of the blood of men, women and children which had been shed by these human fiends?

In Liberty Prison

After the mock trial in Richmond, Joseph Smith and his five companions were imprisoned in Liberty, Clay County, for a period of six months. Here they suffered, during that time, many untold hardships. Much of the time they were bound in chains. Their food was often not fit to eat, and never wholesome or prepared with the thought of proper nourishment. Several times poison was administered to them in their food, which made them sick nigh unto death, and only the promised blessings of the Lord saved them. Their bed was on the floor, or on the flat side of a hewn white oak log, and in this manner they were forced to suffer. Is it any wonder that they cried in the anguish of their souls unto the Lord, for relief from such inhuman treatment?

Epistles From Prison

The Lord did not forsake them. While they were confined, the brethren wrote a number of communications to the Saints. Occasionally their friends were privileged to visit them, but always in the presence of a strong and heavily armed guard. Letters with words of comfort were occasionally received, and in this way their spirits were buoyed up, which enabled them to stand their trials. On March 25, 1839, an epistle of special import was written from the prison to the Saints scattered abroad, and to the bishop, Edward Partridge, in particular. This epistle portrayed many of their grievances and expressed their love and fellowship for the Saints. Above all this, however, they poured out their souls to the Lord asking for relief, and wondering why they were so severely punished. The Lord gave them answer which comforted them and built them up in hope. They also received encouragement, and assurance of their delivery from bonds, which was soon to come to pass.¹

Release of Sidney Rigdon

The Prophet wrote in his Journal that January 1, 1839, “dawned upon us as prisoners of hope, but not as sons of liberty. O Columbia, Columbia! How thou art fallen! ‘The land of the free, the home of the brave!’ ‘The asylum of the oppressed’—oppressing thy noblest sons, in a loathsome dungeon, without any provocation, only that they have claimed to worship the God of their fathers according to his own word, and the dictates of their own consciences.” Elder Parley P. Pratt and his companions in tribulation were still held in bondage in their doleful prison in Richmond. The brethren appealed to the supreme court in Missouri for a writ of habeas corpus. Twice their petition was denied. They also petitioned the judges of the county for like privileges, and sent a memorial to the legislature asking that they be granted a fair and impartial trial before an unprejudiced judge in some other circuit, where they might have hope of justice, which could not be obtained from Judge King. Finally, in the latter part of February, 1839, they prevailed on Judge Turnham, one of the county judges, who granted their request after some reluctance. The judge was afraid of the mob, for the threats were made by the members of the banditti, that if any judge, jury or court of any kind, should free the prisoners they would be killed. Great threatenings were made at the time of this trial, and the brethren would have been liberated, only for the blundering, wilfully or ignorantly, of their lawyers. Sidney Rigdon, who had suffered terribly because of exposure and the ill-treatment he had received, he being much older and less able to endure than the other brethren, was released by the action of the judge, at this time. Through a kindness on the part of the sheriff, Samuel Hadley, and the jailer, Samuel Tillery, he was let out of prison in the night, for fear of the mob, and told to make his way out of the state as soon as he could. Even as it was, he was pursued by a body of armed men; but having a good start made his way to Quincy, Illinois.

Departure for Daviess

The refusal on the part of the courts and officials to grant a final trial—for it should be remembered the brethren were being held on a preliminary hearing all these months—and the threatenings of numerous enemies caused the brethren to determine on making their escape if possible. Once they tried and failed. Again the opportunity presented itself, and the Lord indicated to them that if they were united they could gain their freedom, but the stubbornness of Lyman Wight defeated their purpose. The latter part of March, Elders Heber C. Kimball and Theodore Turley went to Jefferson City with necessary papers, to see the governor, but he was absent. However, they saw the secretary of state, who appeared astonished at the action of Judge King, and who wrote the judge a letter. They also saw the supreme court judges, but due to the blundering of their attorney, Doniphan, they were unable to obtain a writ of habeas corpus. They returned to Liberty on the 30th of March. April 4, they had an interview with Judge Austin A. King, who was angry to think they had been to see the governor. King said he could have done all that they desired, and would have signed their petition if he had been approached, for all the prisoners, but Joseph Smith, “and he was not fit to live.” Fearing that the brethren might obtain a change of venue, Judge King hurried off with them, April 6, 1839, to Daviess County, where he hoped to continue his persecution. Perhaps he hoped they would be murdered, for a band of fifty men in Daviess County, on learning that the prisoners were coming, took an oath that they would neither eat nor drink until they had murdered the Prophet. The prisoners arrived at Gallatin, April 8, and the following day the examination of witnesses commenced before the grand jury, over which Judge King acted as the presiding judge. Judge Birch, the county judge, who previously assisted in the prosecution of the brethren, was associated with him. Both judges and jury were drunk while the case proceeded, and the men of the jury were members of the raiding party of Haun’s Mill. They served on the jury during the day and as guards at night, and in their drunken debauchery boasted of their many crimes. On the 11th of April, they brought in a “true bill” against the prisoners for “murder, treason, burglary, arson, larceny, theft and stealing.”

A Change of Venue

On April 15, 1839, the brethren obtained from Judge Birch a change of venue from Daviess to Boone County, and a mittimus was made out by him without date, name or place. The prisoners were fitted out with a two-horse wagon, necessary horses, and four men besides the sheriff, to guard them to Boone County. The prisoners numbered five, as follows: Joseph Smith, Hyrum Smith, Lyman Wight, Caleb Baldwin, and Alexander McRae. They started from Gallatin in the afternoon and went as far as Diahman, where they camped for the night at Judge Morin’s. The next day they went about twenty miles where a jug of whiskey was procured, and all of the guards, save one, got drank and went to bed. The sheriff showed the prisoners the mittimus and said to them that Judge Birch told him never to carry them to Boone County, and never to show the mittimus, and, the sheriff said: “I shall take a good drink of whiskey and go to bed, and you may do as you are a mind to.”

The Escape

The prisoners bought from the guards two of the horses, paying for one with clothing, and giving their note for the other. After four of the guards had retired and were asleep in drunken slumber, the fifth helped them to saddle the horses and started them on their way. Two of the brethren mounted and three went on foot, changing places from time to time. Said Hyrum Smith, “we took our change of venue for the state of Illinois, and in the course of nine or ten days arrived at Quincy, Adams County.” They found their families in good health, but in a state of poverty due to their persecutions and expulsion from Missouri’s soil.

A “Concocted Plan”

Samuel Tillery, the jailer at Liberty, told the prisoners that the persecutions against the Saints was a “concocted plan,” framed by the various officers who took part in it, from the governor down. It was first planned in the fore part of the year 1838, but was not fully carried out until the militia was sent down against the Saints in Caldwell and Daviess Counties. “But,” said Tillery, shortly before the removal of the brethren to Daviess County from Liberty Prison, “you need not be concerned, for the governor has laid a plan for your release.” He also said that the governor was now ashamed enough of the whole transaction, and would be glad to set the prisoners at liberty, if he dared to do it. Without question the conspirators became alarmed. They did not plan the escape of the Prophet and associates because of any repentance, or remorse of conscience, but because of the fear of public sentiment, without as well as within the state. Knowledge of the dastardly actions of the officers of Missouri, who were pledged by oath to uphold and honor their constitution, which grants liberty to all citizens² in their religious worship, spread abroad into other commonwealths. The citizens of western Illinois received the exiled Saints with open arms, and invited them to make their homes among them. The governor of Iowa, Robert Lucas, wrote and spoke in a vehement manner in opposition to the treatment the “Mormon” people received in Missouri. He invited the Saints to make their homes within the borders of the territory of Iowa. All these things had their effect on the assassins in Missouri, and caused them to fear and tremble. Governor Boggs, himself, became sick of the reproach brought upon the state, and reached the point where he would have gladly released Joseph Smith and his fellow prisoners, but feared that such an action would properly be interpreted as an acknowledgment of his unlawful course. He preferred to have it so arranged that they could escape and appear before the world as fugitives from justice.

Escape of Parley P. Pratt

At the time Joseph Smith and his companions were sent to Liberty, Elders Parley P. Pratt, Morris Phelps, Luman Gibbs, Norman Shearer and Darwin Chase, were sent to Richmond, to await trial on the same charges. Here they suffered many untold hardships and deprivations in their dungeon, until April 24, 1839, a period of six months, when they were taken before the grand jury in Ray County, for a hearing of their case. The same notorious Judge Austin A. King presided at the deliberations of this body. Norman Shearer and Darwin Chase, who were only boys, were released, and King Follett, an aged man, was added to the list of prisoners. A change of venue having been granted them, the brethren were taken to Columbia, Boone County, and again cast into prison. In the meantime Luman Gibbs apostatized, hoping to gain his liberty, but the crafty officers, although they treated him with improved consideration, still kept him in prison to act as a spy on his former brethren. July 4, 1839, Elders Pratt, Phelps and Follett, assisted on the outside by Orson Pratt and a young man named John W. Clark, a brother-in-law of Elder Phelps, escaped in a very thrilling and novel manner. Elder Follett was re-captured, but the other two made their way, after many hardships and difficulties, to Illinois and the presence of their families. Elder Follett was again cast into prison and bound in chains, but in course of a month or two was dismissed, no charge having been proved against him.

Departure of the Exiles

With all three members of the First Presidency in prison, the burden of removing the Saints from Missouri was placed on the shoulders of President Brigham Young, of the council of the apostles. A public meeting was held at Far West, January 26, 1839, and a committee composed of the following brethren was selected to draft resolutions and consider means for the removal of the Saints from Missouri: Brigham Young, Heber C. Kimball, John Taylor, Alanson Ripley, Theodore Turley, John Smith and Don Carlos Smith. This committee went to work gathering such means as could be obtained, and devising plans for the removal of the poor. Later a committee on removal was appointed with the following members: William Huntington, chairman; Charles Bird, Alanson Ripley, Theodore Turley, Daniel Shearer, Shadrack Roundy and Jonathan H. Hale. During the winter months the exodus began, and many of the Saints gathered at Quincy, Illinois, where they received a kindly welcome. Due to their extreme poverty—for they had been robbed and plundered—many of the members of the Church were unable to get away before the spring of 1839. April arrived, and the vicious mobocrats met in council on the 6th, and determined that all the “Mormons” should be out of Caldwell County by the 12th of that month. All available teams were secured, and help was solicited from the members of the Church who were already in Illinois, and the remaining Saints at Far West began their journey from Missouri. Thirty families were removed into Tenney’s Grove, twenty-five miles from Far West, by the 14th of April, on their way to Quincy. Most of the committee remained at Far West until the last. President Brigham Young was forced to leave about the middle of February, to save his life from the angry Missourians who sought it. From the Illinois side he directed the location of the Saints.

Thursday, April 18, 1839, Elder Heber C. Kimball notified the members of the committee on removal to wind up their affairs at once, and be off, for their lives were in grave danger. An armed force went to the home of Theodore Turley to shoot him; similar action was taken against other members of the committee, and a number of mobbers tried to kill Heber C. Kimball in the streets of Far West. The members of the Church had now departed; many went by way of Richmond and the Missouri River to Quincy. The members of the committee who still remained, were given one hour to get out of the place. Hurriedly gathering up such articles as they could take with them, they departed. The mobbers then commenced to loot the homes, which had not already been looted of all they contained.

Governor Boggs and his aids had gained a great victory; the Latter-day Saints had either been exterminated, or driven from the borders of Missouri, according to his order. Only those remained who were incarcerated, and the day of their deliverance was near at hand.

Fulfilment of Prophecy

A revelation was given July 8, 1838, calling John Taylor, John E. Page, Wilford Woodruff and Willard Richards to the apostleship. John Taylor and John E. Page were ordained under the hands of Brigham Young and Heber C. Kimball at a meeting held in Far West, December 19, 1838. In this revelation (Doc. and Cov., Sec. 118) the apostles were commanded to take their leave of the Saints from the temple lot in Far West on the 26th day of April, 1839. April had arrived and the Saints were scattered, likewise the members of the council of the apostles. On the 5th day of April, Samuel Bogart, the mobber, with John Whitmer and a few other apostates, came to the room occupied by the committee on removal and read this revelation to Theodore Turley. With much laughter and assurance that it could not be fulfilled, they called on him to renounce Joseph Smith, which now he must do as a rational man. The apostates said: “The twelve are now scattered all over creation; let them come here if they dare; if they do, they will be murdered. As that revelation cannot be fulfilled, you will now give up your faith.” Turley jumped up and said: “In the name of God that revelation will be fulfilled.” They laughed him to scorn. John Whitmer hung his head in shame. In the course of the conversation Turley asked John Whitmer if his testimony regarding the Book of Mormon was true, and Whitmer answered: “I now say, I handled those plates; there were fine engravings on both sides. I handled them;” and he then described how they were hung, and then he said, “They were shown to me by a supernatural power.”

The 26th day of April arrived, and so also did the apostles at the temple lot in Far West. Early that morning, these brethren and a few of the Saints assembled at the temple lot, and proceeded to transact the business of their mission as they were commanded, according to the following minutes:

“At a conference held at Far West by the twelve, high priests, elders, and priests, on the 26th day of April, 1839, the following resolution was adopted:

“Resolved: That the following persons be no more fellowshiped in the Church of Jesus Christ of Latter-day Saints, but excommunicated from the same, viz.: Isaac Russell, Mary Russell, John Goodson and wife, Jacob Scott, Sen., and wife, Isaac Scott, Jacob Scott, Jun., Ann Scott, Sister Walton, Robert Walton, Sister Cavanaugh, Ann Wanless, William Dawson, Jun., William Dawson, Sen., and wife, George Nelson, Joseph Nelson, and wife, and mother, William Warnock and wife, Jonathan Maynard, Nelson Maynard, George Miller, John Griggs and wife, Luman Gibbs, Simeon Gardner, and Freeborn Gardner.³

“The council then proceeded to the building spot of the Lord’s House; when the following business was transacted: Part of a hymn was sung, on the mission of the twelve.

“Elder Alpheus Cutler, the master workman of the house, then recommenced laying the foundation of the Lord’s House, agreeably to the revelation, by rolling up a large stone near the southeast corner.

“The following of the twelve were present: Brigham Young, Heber C. Kimball, Orson Pratt, John E. Page, and John Taylor, who proceeded to ordain Wilford Woodruff and George A. Smith, who had been previously nominated by the First Presidency, accepted by the twelve, and acknowledged by the Church, to the office of apostles and members of the quorum of the twelve, to fill the places of those who had fallen. Darwin Chase and Norman Shearer, who had just been liberated from Richmond prison, where they had been confined for the cause of Jesus Christ, were then ordained to the office of the seventies.”

After vocal prayer by each of the members of the council of the twelve, and singing, the apostles took their leave of the Saints there assembled, and departed for Illinois, and later for their mission to Great Britain. And thus closed the history of the Latter-day Saints in Missouri until some future day.

Notes