M'CARTY'S CASE—JUSTICE DENIED US—THE SUFFERINGS OF THE SAINTS—THE BRETHREN DISARMED—JOSEPH'S OPINION OF GOVERNOR BOGGS—CORRESPONDENCE BETWEEN THE STATE OFFICIALS AND OUR PEOPLE—OUR PETITION TO THE GOVERNOR.

The brethren at Independence did their best to follow the advice given in the governor's letter. They caught one, McCarty, while in the act of breaking in the doors of Gilbert and Co.'s store, and throwing the contents into the street, and went to issue a warrant against him; but Samuel Weston Esq., would not issue it, and McCarty was freed. He immediately turned around and sued Brothers Gilbert, Phelps, McLellin and others for assault and false imprisonment and they were sent to jail. Several of the brethren then went to Lexington to see the circuit judge, while two others called on Mr. Silvers, who refused to issue a warrant, for his craven heart feared the mob. This he afterwards acknowledged. The brethren who went to Lexington were more successful. They obtained a warrant after some delay, but by the time they reached Independence it was perfectly useless, for the whole country was up in arms, and all the Saints could do was to protect their wives, children and themselves from utter extermination. The mob declared that no warrant should be served, for they would kill the man that dared attempt it; neither should there be any civil processes at law, for those who dared commence them should die. On one occasion when the brethren tried to issue a peace warrant, and the justice of the peace refused, the governor's letter was read to him when he replied, "I don't care a d—m for that." Thus were the courts of law closed against us, and justice descended from her lofty seat to mourn in sackcloth and ashes.

But what more could be expected? for at the head of the mob were found the judges, lawyers, justices of peace, sheriffs and their deputies, constables, jail keepers, and county clerk.

Every attempt made by the brethren to obtain assistance enraged the mob to a greater degree, and none could remain in their midst and feel that life was safe. While Brothers Gilbert, Morely and Corvill, were being conducted back to jail by the deputy sheriff after meeting with the brethren and persuading them to leave the county, a number of the mob overtook them, and although the deputy sheriff told his name, and the names of his prisoners and called on them in God's name not to fire, yet two of them raised their guns and fired at Brother Gilbert, the one snapping and the other missing fire.

This was caused by the rumor that had reached Independence concerning the battle. It was said that twenty of the mob had been killed and a number wounded, the news flew through the county as on the wings of the wind, and men who were peaceable before, now rushed into Independence determined to massacre the Saints. It was indeed a scene of wild confusion.

The next day the fury of the mob was in no way abated and the Saints saw that their lives could be saved only by flight; consequently men, women and children fled from their homes, some in one direction and some in another. One large party of women and children, protected only by six men wandered into the prairie south, and their tracks could be followed by the blood stains on the ground, the prairie grass had been burnt, and the sharp stubble lacerated their uncovered feet, cutting and wounding them in a terrible manner; thus they wandered about for several days with nothing but the broad canopy of heaven to shelter them. Some went to the Missouri river intending to cross over into Clay county, for they had already proven that the people in the adjoining counties were far from being their friends. Thus homeless, and without means of taking much to sustain them did the whole Church in Jackson county flee before the mob, and at night those who went to the river camped in the rain which poured down in torrents; the frail mother, the helpless infant, the sick and the dying, all alike without the means to shelter themselves from the storm. One man by the name of Bennett opened his house to a number of women and children who were making their way to the Missouri.

While this was going on, about one hundred of the brethren had volunteered to go to the protection of their brethren in Independence. When they had got within one mile of the place they halted and sent in to learn the situation of the mob. They found that Colonel Pitcher had put himself at the head of the mob and called them the militia, expecting by this stratagem to be able to better carry out the hellish plans of our enemies. Governor Boggs, also gave the mob his influence, and indeed it was thought he was the grand moving spirit through the whole affair.

As the brethren in Independence were not in the danger that was reported, Colonel Wight thought it best to have his men remain in the woods around during the day. By some means Colonel Pitcher heard of this arrangement. He was both terrified and angry. He, however, sent to the brethren and demanded their arms, saying, that it was intended to disarm both parties; fifty-one guns, one sword and one pistol were delivered up to him, for although the brethren felt to resist the mob to the utmost in the defense of their wives and children, this demand being made under the color of law, it was complied with. But no sooner was this known than the mob broke forth from the ranks of the pretended militia and were bolder than ever. Knowing that the Saints were now without arms; they rode through the country in small bands pillaging houses, insulting women, whipping men and threatening two-fold vengeance.

In the midst of this terrible excitement several of the leading Elders offered themselves and their lives, for their brethren if that would satisfy and let the rest remain in peace. The answer was, "No; but every one must die for himself."

I must not omit to mention one act of cruelty, which, if possible, seems to surpass all others. In one of the settlements were four families of very old men, infirm and very poor. They seemed to think that they would not be molested and so remained behind, but no sooner did the mob learn of it, than they went to their houses, broke their windows and doors, and hurled great stones into their rooms endangering their lives; thus were these poor old men, and their families, driven before the ruthless mob in midwinter. These men had served in the revolutionary war, and Brother Jones had been one of General Washington's body guard, but this availed them nothing, for they were of the hated people. Thus were all the Saints compelled to flee into Clay Co., where the sympathies of the people were extended towards them.

The Colesville branch, as usual, kept together and formed a small settlement on the Missouri bottoms, building themselves temporary houses; a few other families settled with us; and the Saints all around built themselves places of shelter for the Winter. But the scenes that were endured, at the river side, immediately after the flight, beggars description. Yet the Saints did not forget to return thanks unto Almighty God for deliverance from the hands of their vile enemies and to seek His protecting care for the future—that He would soften the hearts of the people to whom they had fled, that they might find among them something to sustain themselves.

Although Governor Boggs did not come out and show himself openly in his true colors we have sufficient evidence that he sanctioned all the movements of the mob and even directed them. He it was who put in motion the movements of July, and continued his exertions until he had accomplished all his hellish designs. As Brother Joseph said, "the great change that may appear to some, in the views, designs and craft of this man, to rob an innocent people of their arms by stratagem, and leave more than one thousand defenseless men, women and children, to be driven from their homes, among strangers in a strange land is so glaringly exposed in the sequel that all earth and hell cannot deny that a baser knave, a greater traitor, and a more wholesale butcher, or murderer of mankind ever went untried, unpunished, or unhung." But Governor Dunklin was a gentleman and seemed disposed to do what was right.

Brothers Phelps, Gilbert and McLellin went into Clay Co. and made affidavit of the outrageous scenes in Jackson Co; and expressed the same to the governor who immediately ordered a court of inquiry to be held in Clay county for the purpose of investigating the whole affair, and meting out justice to all, and the attorney general wrote to the counsel employed to prosecute the mob, advising our people to organize themselves into regular companies and then apply to the governor for weapons of defense. He was of the opinion that the governor would not only furnish us arms and ammunition, but also troops to assist us in maintaining our rights, if we would only make application therefore.

About the same time Judge Ryland also wrote, on the authority of the governor, to one of our counsel, saying among other things that he was determined to investigate the causes of the recent disturbance and "take steps to punish the guilty and screen the innocent."

In reply to these communications Elder A. S. Gilbert wrote to the governor of Missouri as follows:

"(CONFIDENTIAL.)

LIBERTY, CLAY COUNTY,

Nov. 29th, 1833.

"Dear Sir—Yesterday I saw Mr. Doniphan, an attorney of this place, who informed me that he saw the attorney general, Mr. Wells, in Saline county, last Saturday week and that Mr. Wells had acquainted him with your intention of ordering a court of inquiry to be held in Jackson county, in relation to the late riotous proceedings in that county. Mr. Doniphan is of the opinion from the conversation he had with Mr. Wells, that said order will be suspended till a communication is received from our people, or their counsel. This is therefore to acquaint your excellency, that most of the heads of our Church had an interview yesterday on the subject of an immediate court of inquiry to be held in Jackson county, and by their request to me, I hasten to lay before your excellency serious difficulties attending our people on an immediate court of inquiry being called.

"Our Church was at this time scattered in every direction; some in the new county of Van Buren; a part in this county, and a part in La Fayette and Ray counties. Some of our principal witnesses would be women and children, and while the rage of the mob continues, it would be impossible to gather them in safety at Independence, and that your excellency may know of the unabated fury with which the last remnant of our people remaining in that county are pursued at this time, I here state that a few families, perhaps fifteen or twenty, who settled themselves more than two years ago on the prairie, about fifteen miles from the county seat of Jackson county, had hoped from the obscurity of their location, that they might escape the vengeance of the enemy through the Winter, consequently they remained on their plantations, receiving occasionally, a few individual threats, till last Sunday, when a mob made their appearance among them; some with pistols cocked and presented to their breasts, commanding them to leave the county in three days, or they would tear their houses down over their heads, etc.

"Two expresses arrived here from said neighborhood last Monday morning, for advice and the council advised their speedy removal for the preservation of life, and their personal effects. I suppose these families will be out of the county of Jackson this week. In this distressed situation, in behalf of my brethren, I pray your excellency to await a further communication which will soon follow this, setting forth among other things the importance of our people being restored to their possessions, that they may have an equal chance with their enemies in producing important testimony before the court, which the enemy are now determined to deprive them of. Trusting that your excellency will perceive the agitation and consternation that must necessarily prevail among most of our people at this day, from the unparalleled usage they have received and many of them wandering at this time destitute of shelter.

"An immediate court of enquiry called while our people are thus situated, would give our enemies a decided advantage in point of testimony, while they are in possession of their own homes, and ours also; with no enemy in the county to molest or make them afraid.

"Very Respectfully,

Your Obedient Servant,

A. S. Gilbert."

"To his Excellency Daniel Dunklin, Jefferson City, Missouri."

"I have seen and read the above letter, and on reflection, I concur entirely in the opinion therein expressed. I also 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.

(Signed.) Amos Reese."

Those mentioned in this letter as having been threatened on Sunday the 24th, fled into Clay county, and encamped on the Missouri river. There were about one hundred and fifty men, women and children.

We had sent reports of their proceedings to Brother Joseph Smith and the brethren in Kirtland, but it appears that in some particulars they did not agree, being given by different persons, so Brother Joseph wrote seeking correct information, and for documents. He also sent comforting news to the Saints reminding all that it is only through great tribulation, that the blessings are received.

On the 6th of December, a petition and letter were sent to Governor Dunklin asking for aid and protection. We also asked that a court of enquiry might be established to investigate the whole matter and bring the offenders and law-breakers to justice. We thus showed that we intended to maintain our rights to our inheritances, so that if we should be deprived of them for any length of time, the responsibility would not rest upon our shoulders.

The season was very severe and many persons suffered for the necessaries of life, but we were not forgotten by God nor by our co-religionists in Kirtland, and the sympathies of the Saints were like balm to our wounds.

We were soon pained with news that reached us from Van Buren county. It seems that in the general flight of the Saints some few families went south into Van Buren county and commenced to open and improve farms, build houses, etc. They had taken their Winter's provisions with them and thought to make themselves homes, but the citizens rose up and without scarcely giving warning commenced to destroy all their stock and goods, and these Saints once more had to flee for their lives, and seek refuge among their brethren, who also were exiles.