History of the Church of Jesus Christ of Latter-day Saints, Volume 4Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 4
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
As to suing their persecutors as individuals before the United States
courts, as citizens of one state suing citizens of another, it is
only necessary to remind the reader of the insuperable difficulties
attending upon that procedure to convince him of the futility of such
action. The expensiveness of the undertaking, and the extreme poverty
of the exiles alone would be sufficient to bar such an undertaking;
for every one knows how bitterly hard it is for the poor to set the
judicial machinery of organized society in motion in their favor. Then
there was the evident conspiracy entered into by the mobs of Missouri
to defeat the ends of justice in respect of the Saints: mobs which an
unfriendly governor had converted into a state militia; to which that
same governor gave an order to expel from the state or exterminate the
entire people; under which order said mob-militia did expel from the
state some twelve thousand citizens, depriving them of their property
and liberty without due process of law; and afterwards the state
through its legislature sanctioned and applauded the actions of this
mob-militia for the part it had taken in causing said expulsion--though
attended by acts of {XXIX} unspeakable atrocity--by appropriating
200,000 dollars to meet the expenses of the mob-militia in carrying
out the governor's illegal orders. After these crimes against the
Constitution and laws of the state, against American institutions and
the civilization of the age--after all this, I say, it is not difficult
to understand how farcical would be any procedure before either the
state or the federal courts in Missouri. By acts of perjury, in order
to still further defeat the ends of justice and protect each other
from the penalties due to their crimes, it would have been easy for
the people of Missouri to defeat the ends of justice. And after having
committed the crimes of murder and robbery; after having unlawfully
expelled a whole people, numbering thousands, from their homes--of
which the despoilers were then possessed--it is not to be believed that
such characters would hesitate to suborn witnesses, commit perjury, or
hesitate to do any other thing, however criminal, in order to escape
the just punishment for their crimes.
The offense of the State of Missouri against the Saints was a denial
of political as well as of civil rights. She had in her treatment of
the Saints abdicated republican government. Her officers, including the
chief executive of the state had violated the Constitution of the state
in that they had entered into a wide-spread conspiracy to deprive the
Saints of their liberty and property without due process of law; and in
fact had deprived them of those rights by expelling them by force of
arms from the state.
Public-domain text, read in full here on John Shaqi.
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