Importuning for Redress

Having appealed in vain to the courts, the governor and the legislature of Missouri, the Saints now determined to “importune for redress and redemption at the feet of the President.” This course the Lord commanded them to take. It was his will that the national government should have the privilege of correcting the wrongs of the Latter-day Saints, or share in the responsibility of their persecutions, should they also turn a deaf ear to the appeal of thousands of citizens, who had been banished from their homes.¹ The Constitution guarantees that “the citizens of each state shall be entitled to all the privileges and immunities of citizens of the several states.” This great privilege had been denied the Latter-day Saints by the officers of the State of Missouri.

President Sidney Rigdon arrived in Quincy, Illinois, after his release from prison, in March, 1839, and was at that time very zealous for the punishment of Missouri for the violation of the constitutional rights of the Saints while in that state. He devised a plan, on an elaborate scale, for the impeachment of Missouri before the other states and the general government. He proposed to have the governors of the several states present before their respective legislative bodies the matter of Missouri’s abdication of republican government, and at the same time have presented to the President of the United States and Congress a petition for redress of the wrongs inflicted upon the Saints. Governor Carlin of Illinois encouraged him in this desire and promised to aid in the work. Governor Robert Lucas of Iowa also lent some assistance to the plan. The latter issued letters of introduction to President Martin Van Buren and Governor Shannon of Ohio, conveying the information that President Rigdon expected to visit Washington as the representative of the “Mormon” people to seek an investigation into the causes for the expulsion of the Saints from Missouri. However, nothing came of this rather impractical plan.

The Prophet’s Appeal to the People

About this same time (April, 1839) the Prophet made an appeal to the citizens of the United States in the following language:

“I ask the citizens of this Republic whether such a state of things is to be suffered to pass unnoticed, and the hearts of widows, orphans, and patriots to be broken, and their wrongs left without redress? No! I invoke the genius of our Constitution. I appeal to the patriotism of Americans to stop this unlawful and unholy procedure; and pray that God may defend this nation from the dreadful effects of such outrages.

“Is there no virtue in the body politic? Will not the people rise up in their majesty, and with that promptitude and zeal which are so characteristic of them, discountenance such proceedings, by bringing the offenders to that punishment which they so richly deserve, and save the nation from that disgrace and ultimate ruin, which otherwise must inevitably fall upon it?”²

A Delegation Appointed to Visit Washington

At a conference of the Church held in Quincy in May, 1839, President Rigdon was formally appointed to carry the message of grievances to Washington, and Elder Lyman Wight was appointed to collect the necessary affidavits from those injured, to be presented at Washington. President Rigdon made no great effort to get away on this mission, and as time passed his ardor cooled and his desire to fill his appointment lessened. At the October Conference, held at Commerce, President Joseph Smith, who had arrived in Illinois during the summer, and Judge Elias Higbee were also chosen to go to Washington as well as Sidney Rigdon, to importune for redress. On the 29th of October, these three delegates left Commerce in a carriage driven by Orrin Porter Rockwell, with the intention of laying before Congress the grievances of the Saints while in Missouri. At Quincy they were joined by Dr. Robert D. Foster who accompanied them on their way to administer to Sidney Rigdon, who was ill. At Springfield Judge James Adams took the Prophet to his home and treated him with every consideration as though he had been his own son. After an eventful journey the Prophet and Judge Higbee arrived in Washington, November 28, 1839. They did considerable preaching on the way and were forced to leave Sidney Rigdon in Ohio because of his sickness; Orrin P. Rockwell and Dr. Robert D. Foster remained with him.

Interview with the President

The first step taken by the Prophet and Judge Higbee after securing a boarding place was to call on the President of the United States, Martin Van Buren. This was the following day, November 29. They proceeded to the house of the President, which they state they found to be a very large and splendid palace, decorated with all the fineries and elegance of this world. After some preliminary arrangements they were ushered into the presence of Mr. Van Buren. They handed him some of their letters of introduction which stated the object of their visit and as soon as the President read one of them, he looked up with a frown and said: “What can I do? I can do nothing for you! If I do anything, I shall come in contact with the whole state of Missouri.” The delegates were not to be denied a hearing without some effort, so they pressed the matter of their case with considerable vigor. The result was that President Van Buren promised to reconsider what he had said, and expressed deep sympathy with the Saints on account of their suffering.

The Petition before Congress

Following the interview with the President the brethren spent some time hunting up senators and representatives with whom they might converse and receive a hearing. They found the delegation from Illinois friendly, and were able to make a number of friends among the honorable gentlemen in Washington. A meeting was held with the congressional delegation from Illinois, for the purpose of considering the best means for getting their business before Congress. Mr. Robinson, of the delegation, offered some opposition against the Saints presenting any claims against Missouri to be liquidated by the United States, on the ground that the Saints should make their appeal to the judiciary of Missouri and the state officials, where the wrongs were committed. The Prophet opposed such a stand with great vigor, explaining that every effort had already been made to get the governor of Missouri and the courts to consider their claims, but without result. Mr. Robinson then said this was his first impression of the matter, but he would take it under consideration. The following day another meeting was held and it was decided that a petition should be drawn up to be presented to Congress, and Senator Richard M. Young, of Illinois, promised to present it in the United States Senate. They were advised that all facts presented should be authenticated by affidavits, so word was sent to the Saints in Illinois to prepare immediately such necessary information as would be required.³ The petition was duly presented to the judiciary committee. It covered the outrages against the members of the Church from the expulsion from Jackson County, in 1833, to the banishment from the state in 1838 –39. The dastardly course of Governor Boggs in aiding the enemies of the Saints and his exterminating order received proper consideration. The concluding paragraphs of this petition are as follows:

“For these wrongs, the ‘Mormons’ ought to have some redress: yet how and where shall they seek and obtain it? Your constitution guarantees to every citizen, even the humblest, the enjoyment of life, liberty, and property. It promises to all, religious freedom, the right to all to worship God beneath their own vine and fig tree, according to the dictates of their conscience. It guarantees to all the citizens of the several states the right to become citizens of any one of the states, and to enjoy all the rights and immunities of the citizens of the state of his adoption. Yet of all these rights have the ‘Mormons’ been deprived. They have, without a cause, without a trial, been deprived of life, liberty and property. They have been persecuted for their religious opinions. They have been driven from the state of Missouri, at the point of the bayonet, and prevented from enjoying and exercising the rights of citizens of the state of Missouri. It is the theory of our laws, that for the protection of every legal right, there is provided a legal remedy. What then, we would respectfully ask, is the remedy of the ‘Mormons’? Shall they apply to the legislature of the state of Missouri for redress? They have done so. They have petitioned, and these petitions have been treated with silence and contempt. Shall they apply to the federal courts? They were, at the time of the injury, citizens of the state of Missouri. Shall they apply to the court of the state of Missouri? Whom shall they sue? The order for their destruction, then extermination, was granted by the executive of the state of Missouri. Is not this a plea of justification for the loss of individuals, done in pursuance of that order? If not, before whom shall the ‘Mormons’ institute a trial? Shall they summon a jury of the individuals who composed the mob? An appeal to them were in vain. They dare not go to Missouri to institute a suit; their lives would be in danger.

“For ourselves we see no redress, unless it is awarded by the Congress of the United States. And here we make our appeal as American Citizens, as Christians, and as Men—believing that the high sense of justice which exists in your honorable body, will not allow such oppression to be practiced upon any portion of the citizens of this vast republic with impunity; but that some measures which your wisdom may dictate, may be taken, so that the great body of people who have been thus abused, may have redress for the wrongs which they have suffered. And to your decision they look with confidence; hoping it may be such as shall tend to dry up the tears of the widow and orphan, and again place in situations of peace, those who have been driven from their homes, and have had to wade through scenes of sorrow and distress.

“And your Memorialists, as in duty bound, will ever pray.”

The Prophet’s Interview with President Van Buren

While the Prophet was waiting for the action of Congress, he visited several branches of the Church in Pennsylvania, New Jersey and other parts, returning to Washington the fore part of February. During this time he had another interview with President Martin Van Buren and one with John C. Calhoun, and he records the following in his journal:

“During my stay I had an interview with Martin Van Buren, the President, who treated me very insolently, and it was with great reluctance he listened to our message, which, when he had heard, he said: ‘Gentlemen, your cause is just, but I can do nothing for you;’ and ‘If I take up for you I shall lose the vote of Missouri.’ His whole course went to show that he was an office-seeker, that self-aggrandizement was his ruling passion, and that justice and righteousness were no part of his composition. I found him such a man as I could not conscientiously support at the head of our noble Republic. I also had an interview with Mr. John C. Calhoun, whose conduct towards me very ill became his station. I became satisfied there was little use for me to tarry, to press the just claims of the Saints on the consideration of the President and Congress, and stayed but a few days, taking passage in company with Porter Rockwell and Dr. Foster on the railroad and stages back to Dayton, Ohio” (Documentary History of the Church, vol. 4:80).

The Action of Congress

Judge Elias Higbee remained in Washington during the time the petition was before Congress. He met on several occasions with the judiciary committee, which had the matter in hand. The members from Missouri offered considerable opposition, as naturally might be supposed, to the charges made against the officials of that state. They did all in their power to prevent any consideration of the petition. Many false statements and charges were made which Judge Higbee was able to refute. On the 26th of February, he wrote the Prophet as follows: “I am just informed by General Wall (the chairman of the committee), before whom, or to whom, our business is referred, that the decision is against us, or in other words unfavorable, that they believe redress can only be had in Missouri, the courts and the legislature.” On the 4th of March, 1840, President Joseph Smith arrived in Nauvoo. The same day the senate committee made its report. After setting forth some of the items in the petition the committee said:

“The petition is drawn up at great length, and sets forth, with feeling and eloquence, the wrongs of which they complain; justifies their own conduct, and aggravates that of those whom they call their persecutors, and concludes by saying they see no redress, unless it be obtained of the Congress of the United States, to whom they make their solemn, last appeal, as American citizens, as Christians, and as men; to which decision they say they will submit.

“The committee have examined the case presented by the petition, and heard the views urged by their agent, with care and attention; and after full examination and consideration, unanimously concur in the opinion—

“That the case presented for their investigation is not such a one as will justify or authorize any interposition by this government.

“The wrongs complained of are not alleged to be committed by any of the officers of the United States, or under the authority of its government in any manner whatever. The allegations in the petition relate to the acts of its citizens, and inhabitants and authorities of the State of Missouri, of which state the petitioners were at the time citizens, or inhabitants.

“The grievances complained of in the petition are alleged to have been done within the territory of the State of Missouri. The committee, under these circumstances, have not considered themselves justified in inquiring into the truth or falsehood of the facts charged in the petition. If they are true, the petitioners must seek relief in the courts of judication of the State of Missouri, or of the United States, which has the appropriate jurisdiction to administer full and adequate redress for the wrongs complained of, and doubtless will do so fairly and impartially; or the petitioners may, if they see proper, apply to the justice and magnanimity of the State of Missouri—an appeal which the committee feel justified in believing will never be made in vain by the injured or oppressed.

“It can never be presumed that a state either wants the power or lacks the disposition to redress the wrongs of its own citizens, committed within her own territory, whether they proceed from the lawless acts of her officers or of any other persons. The committee therefore report that they recommend the passage of the following resolution:

“Resolved, That the committee on the judiciary be discharged from further consideration of the memorial in this case; and that the memorialists have leave to withdraw the papers which accompany their memorial” (Documentary History of the Church, vol. 4:90–2).

Compliance with the Word of the Lord

The Senate, of course, adopted this resolution, and this brought to an end the appeal of the Latter-day Saints for redress of their wrongs while in Missouri.⁴ The Saints had the satisfaction of knowing they had complied with the command of the Lord, wherein he instructed them to appeal for redress, first at the feet of the judge, then the governor and then the President of the United States. The matter was now to be left in the hand of the Great Judge who had promised, under the circumstances as they had developed, to “come forth out of his hiding place, and in his fury vex the nation” (Doc. and Cov. 101:89).

The Resolutions of the April Conference

At the general conference of the Church held April 6 –8, 1840, a set of resolutions were adopted approving of the labors of the Church committee who visited Washington, and condemning the action of the senate in the rejection of the consideration of the wrongs of the Saints. Some of the items in which the resolutions disagree with the action of Congress are as follows: The failure to consider the petition was subversive to the rights of a free people, and justly called for the disapprobation of all the supporters and lovers of good government. The judiciary committee stated in their report, “that our memorial aggravates the case of our oppressors,” and at the same time they said they had “not examined into the truth or falsehood of the facts mentioned.” This was deemed by the petitioners a great insult to their “good sense, better judgment and intelligence,” when numerous affidavits were laid before the committee to prove that the Saints could go into the State of Missouri only in opposition to the exterminating order of the governor, and at the risk of their lives. Moreover, that exterminating order was before the committee for consideration, it was a direct infraction of the Constitution of the United States. The failure of the committee to investigate the actions of the governor and other officers of Missouri, was “turning a deaf ear to the cries of widows, orphans, and innocent blood, which had been shed,” and was “no less than seconding the proceedings of that murderous clan, whose deeds are recorded in heaven, and justly call down upon their heads the righteous judgments of an offended God.” The thanks of the Saints were extended to Governors Lucas of Iowa, and Carlin of Illinois, for their sympathy and aid, also to the citizens of Illinois for their kind, liberal and generous conduct. The delegates were instructed to continue their endeavors to obtain redress, and the resolutions closed with the following appeal: “And if all hopes of obtaining satisfaction for the injuries done us be entirely blasted, that they (the delegates) then appeal our case to the Court of Heaven, believing that the Great Jehovah, who rules over the destiny of nations, and who notices the falling sparrows, will undoubtedly redress our wrongs, and ere long avenge us of our adversaries.”⁵

Return of the Prodigals

At the general conference held in April, 1840, Frederick G. Williams, who had been excommunicated by the action of the conference of the Church at Quincy, March 17, 1839, along with Thomas B. Marsh, George M. Hinkle and others, presented himself on the stand, and humbly asked forgiveness for his conduct while in Missouri. He expressed his determination to do the will of the Lord in the future, for he had a knowledge of the divinity of the work. His case was presented to the people by President Hyrum Smith, and he was received back into fellowship by the unanimous vote of the conference. From this time on he remained true to the Church and his brethren, until his death in Quincy October 10, 1842.

In the following June William W. Phelps wrote to the Prophet from Dayton, Ohio, confessing his sins and begging for reinstatement in the Church. “I am,” said he, “as the prodigal son, though I never doubt or disbelieve the fulness of the Gospel. I have been greatly abused and humbled, and I blessed the God of Israel when I lately read your prophetic blessing on my head, as follows: ‘The Lord will chasten him because he taketh honor to himself, and when his soul is greatly humbled he will forsake the evil. Then shall the light of the Lord break forth upon him as at noonday and in him shall be no darkness.’ I have seen the folly of my way, and I tremble at the gulf I have passed. So it is, and why I know not. I prayed, and God answered; but what could I do? Says I, ‘I will repent and live and ask my old brethren to forgive me, and though they chasten me to death, yet I will die with them, for their God is my God.... I have not walked along with my friends according to my holy anointing. I ask forgiveness in the name of Jesus Christ of all the Saints, for I will do right, God helping me.’”

The Prophet answered him saying his case had been presented to the Saints and an expression of their feelings was unanimously given that he should be received back into the Church.

Death of Bishop Partridge

Bishop Edward Partridge died Wednesday, May 27, 1840, in Nauvoo, in the forty-sixth year of his age. He was the first bishop of the Church, having been called to that position by revelation in 1831. He was born in Berkshire County, Massachusetts, August 27, 1793. His daughter Harriet Pamela, aged nineteen years, preceded her father to the grave by eleven days. They were victims of the Missouri persecutions, and were among those who suffered privations and exposure in the mobbings and expulsion in the winter of 1838–9. Others who likewise laid down their lives about this time were John Young, father of President Brigham Young, Seymour Brunson and James Mulholland, the Prophet’s secretary. Each of these brethren died shortly after the settlement of the Saints in Illinois. John Young was a veteran of the Revolution. He had been driven from his home in Missouri and died in his seventy-seventh year, a martyr to his religion, for his death was caused by his sufferings in the cruel persecution. Seymour Brunson died August 10, 1840. He was a man of strong character, and had taken an active part in the Church almost from the beginning, serving in various councils. He it was who entered charges against Oliver Cowdery and David Whitmer at the time of their excommunication. He died in his forty-first year and was at the time a member of the high council in the Nauvoo Stake. James Mulholland died in November, 1839, aged thirty-five years. He was a man of excellent education and was a faithful elder in the Church.

Death of Patriarch Joseph Smith

Another victim of Missouri persecution was the Patriarch Joseph Smith, who died in Nauvoo, September 14, 1840. He was the first person who received the Prophet’s testimony after the appearance of the angel, and was always true to the mission of his son. He moved to Kirtland in 1831, where he was ordained patriarch and an assistant counselor to the Prophet in the Presidency of the High Priesthood, December 18, 1833. He served as a member of the first high council in 1834. During the persecutions in Kirtland, in 1837, he was made a prisoner by the apostate enemies of the Church, but gained his liberty and made his way to Far West in 1838. From here he was again driven by enemies under the exterminating order of the infamous Lilburn W. Boggs. In midwinter he made his way to Quincy, and later in the spring of 1839, to Commerce, where he made his home. He was six feet two inches tall, and well proportioned. His ordinary weight was about two hundred pounds. He was a very strong, active man, but the exposure he suffered during the expulsion from Missouri, brought on consumption, from which he died. His funeral services were held September 15, 1840, Elder Robert B. Thompson delivering the discourse.

More Trouble from Missouri

The action of Congress and the President of the United States, in refusing to consider the complaint, had its effect for evil on the Missourians. Their hatred, great as it was against the Latter-day Saints, was augmented by the presentation of the petition of the Saints to the general government. They seemed to chafe under the exposures to the world of their evil deeds. The action of Congress also made them bold in their desire to continue their persecutions of the Saints. If the President of the United States could refuse to give ear to the appeal of the thousands who had been so wilfully and maliciously wronged; and if Congress could advise that the proper place for redress was back in Missouri, and that, too, at the hands of the very officials who had so wickedly and unconstitutionally expelled, robbed, and murdered the Saints, what was there for Missourians to fear? Was not this evidence that the “Mormons,” everywhere hated, were the common prey of their mortal enemies? It is true they had driven the Saints to the confines of another state, but it was a matter of little moment to cross that border and drag them back again for further abuse. Especially so, if they could enter into collusion with the officers of the other states which they hoped to do, and which they did.

Kidnapping of Alanson Brown and Others

On the 7th day of July, 1840, Alanson Brown, Benjamin Boyce, Noah Rodgers and James Allred, were surrounded by an armed force of mobbers, in Hancock County, Illinois, who asked them if they were “Mormons.” When they said they were, the mobbers with many vile oaths declared that they were sworn to kill “all the damned ‘Mormons’ that they could find.” The brethren were forced across the river to a small town in Lewis County, Missouri, called Tully, where they were kept under guard until about eleven o’clock at night. Then Alanson Brown and Benjamin Boyce were taken out to the woods with ropes around their necks. Boyce inquired what they intended to do and was answered by the mobbers that they were going to kill them and “make catfish bait” of them. The two brethren were then separated. Boyce was stripped and tied to a tree and whipped with gads until his body was mangled from his shoulders to his knees. In the meantime Brown had been hung by the neck until life appeared to be gone, then the ruffians cut him down, revived him, and returned to Tully with them both. They then placed ropes on the necks of Allred and Rodgers and took them out to the woods, where they stripped them of their clothing and made many threats against their lives. Rodgers was badly beaten, as Boyce had been, but for some reason the fiends refrained from whipping Allred. These brethren were then returned to Tully and confined in the same room with the other two brethren. Brown and Allred were liberated some days later, but Boyce and Rodgers were confined in irons until the 21st day of August, when, through the blessings of the Lord, they made their escape.

Memorial to Governor Carlin

A mass meeting of the citizens of Nauvoo was held July 13, 1840, at which a committee consisting of Isaac Galland, Robert B. Thompson, Sidney Rigdon and Daniel H. Wells, drew up resolutions of protest against the treatment accorded the four men who were kidnapped, which were adopted. The citizens then memorialized Governor Carlin, petitioning him to take steps to have released the four men who were then held prisoners in Missouri, and have punished the perpetrators of the crime. Daniel H. Wells and George Miller waited upon the governor and laid the case before him. As they recited the story of the cruelties, the governor’s wife, who was present, was moved to tears, and the governor promised to take the matter in hand. However, his friendship for the Saints had greatly cooled and no action was ever taken by Governor Carlin to release the prisoners, or to bring to justice the perpetrators of the crime.

Missouri’s Requisition for the Prophet

The next move on the part of Missouri was a requisition made on Governor Carlin of Illinois, by Governor Lilburn W. Boggs, of Missouri, in September, 1840, for Joseph Smith, Sidney Rigdon, Lyman Wight, Parley P. Pratt, Caleb Baldwin and Alanson Brown, as fugitives from justice. This came after a silence of nearly two years, and was the outgrowth of the action taken by Congress. Governor Carlin complied with this unnatural, illegal and absurd request. When the sheriff came to serve his papers none of the brethren were found at home. Thus matters rested until the summer of 1841. On the 4th day of June, 1841, the Prophet called at the residence of Governor Carlin and had an interview with him and was treated very kindly. A few hours after his departure the governor sent the sheriff of Adams County, Thomas King, with a posse, and an officer from Missouri, to arrest him and deliver him up to the authorities of Missouri. They found the Prophet about twenty-eight miles south of Nauvoo. Some of the posse, on discovering the spirit of the officer from Missouri, returned to their homes in disgust. The party returned to Quincy where the Prophet obtained a writ of habeas corpus, and Judge Stephen A. Douglas, who providentially happened to be in Quincy, promised to give a hearing at Monmouth, Warren County, the following week. The news of the Prophet’s arrest soon spread and a rescuing party was formed to prevent the Prophet being carried to Missouri, if that attempt should be made. He returned to Nauvoo in the custody of the sheriff, whom he entertained at his own house and waited on him, the sheriff, being sick. June 7, Sheriff King and the Prophet, accompanied by a number of citizens from Nauvoo, left for Monmouth, seventy-five miles distant, where the trial commenced on the 9th, and concluded the following day. Attorney O.H. Browning, of the defense, made an eloquent plea closing his remarks in the following words:

“Yes, my eyes have beheld the blood-stained traces of innocent women and children, in the dreary winter, who had traveled hundreds of miles barefoot, through frost and snow, to seek a refuge from their savage pursuers. ’Twas a scene of horror sufficient to enlist sympathy from an adamantine heart. And shall this unfortunate man, whom their fury has seen proper to select for sacrifice, be driven into such a savage land and none dare to enlist in the cause of justice? If there was no other voice under heaven ever to be heard in this cause, gladly would I stand alone, and proudly spend my last breath in defense of an oppressed American citizen.”

The Decision of Judge Douglas

Judge Douglas gave the following decision: That the writ, being once returned to the executive by the sheriff of Hancock County, was dead, and stood in the same relationship as any other writ which might issue from the circuit court, and consequently the defendant could not be held in custody on that writ. On the question whether or not evidence was admissible, he would not pass, but would take under advisement, but on the other point, the defendant must be dismissed. Once again the Prophet Joseph had been freed from the clutches of the inhuman officials of Missouri.

Notes