[ Full-text transcription of: Journal of the Joint Legislative Committee to investigate the late difficulties with the Mormons ]
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JOURNAL
of the
Mormon Committee
Appointed at the 10th Session
of the
Generall Assembly
of the
State of
December 12th 1838
Journal
Of the Committee on Mormon Difficulties
The Joint Committee of the Senate, and of the House of
Represenatives, of the State of
that portion of the Governors Message, in relation to the diffi=
culties between the people called Mormons, and the people
of the State of
causes of said disturbances, and the conduct of the military
operations in suppressing them; with power to send for
persons, and papers; and in the Senate Chamber on Frid=
ay the 30th Day of November 1838.
The following members, of the committee on the part of the Senate
were present
Arch W. Turner . Chairman
Smallwood V.Noland
Charles R. Scott
On the part of House of Represenatives, were present
H.S. Geyer
John, Miller,
G. F. Bollinger
S. D. South.
G. W. Huston
C. Carstarphan
M. M. Manghis
Mr. Geyer moved that the committee recommend to their
respective Houses the adoption of the following Resolutions
Resolved, that the Joint committee on so much of the
Governors Message, as relates to the difficulties between the
people called Mormons, and a portion of the people of this
State, be authorized to appoint a clerk, to the committee, and
rent a room, in which to transact business.
Resolved, that the said committee be authorized to sit during
the sitting of there respective Houses:
Which was adopted
On Motion
The committee then adjourned to meet again when ordered by
the chairman
Thursday December 5th 1838
The Committee met pursuant to adjournment.
The committee then proceeded to the election of a Clerk.
Messrs- Emmions, E. M. Pitcher, Clark, and Spooner [were]
severally nominated to fill said office, and
E.M. Pitcher, having received a majority of all the votes
given on this second Ballot, was declared to be duly elected
clerk of the committee.
On Motion of Geyer
The committee then adjourned
Wednesday December 12th [1838]
The Committee met pursuant to adjournment,
On motion of Mr Noland.
Ordered that the constitution of the Mormons be read, and
no objections being made the constitution was read.
On motion of Mr. Geyer.
Resolved, that the evidence taken before Judge King oug
ht not to be received as testimony before this committee.
On motion of of Mr Noland
ordered that the resolution be laid on the table, was decid=
ed negatively.
Question “Shall the Resolution be adopted” was decided
affirmatively, and the resolutions adopted.
On motion of Mr Miller
Resolved, that a committee of three be appointed, to consist
of the chairman and two [“others” crossed out] members to select such
Documents as they may think fit for the Joint Committees
consideration, for publication of the Governors Message
Which was adopted
Messrs Turner, Geyer, and Scott, were appointed as the
committee.
On motion of Mr Miller
Mr Huston was added to the committee aforesaid
On Motion of Mr Scott.
The Committee then adjourned untill Friday next
to meet at half past two Oclock PM
Friday 14th December 1838
The Committee met pursuant to adjournment
The Journals of the last meetings were read and approved
The following members of the committee on the part of the Senate were present
Arch. W. Turner. Chairman
Smallwood V. Noland
Charles. R. Scott.
On the Part of the House of Represenatives
H. S. Geyer
John Miller
G. F. Bollinger
S. D. South
Geo W. Huston
C. Carstarphan
M. M. Manghis
Mr Scott offered the following
Resolved, that a committee of three be appointed, to con=
sist of the Chairman and two members, to prepare a
preamble and resolutions, to present to their committee, in
relation to the Mormon Difficulties
Messrs, Geyer, Huston, and Turner were appointed as the
Committee.
On Motion of Mr Scott.
The Committee adjourned untill Monday at half past
two O Clock
Monday 17th 1838
The Committee met pursuant to adjournment
The Committee appointed to prepare a preamble and Resolutions
submitted the following
The Joint Committee to whom was referncd so much of the govern=
=ors message, as relates to the recent difficulties between the peop=
=le called mormons and a part of the people of this state with
instructions to inquire into the causes of said disturbances and
the conduct of the military operations in suppressing them
have taken the same under consideration, and would respe=
ctfully submit the following report and resolutions.
They have thought it unwise and injudicious matter—the
existing circumstances of this case, to predicate a report upon
papers, documents, &c purporting to be copies of the
evidence taken before an examing court held ins Richmand
alleged against the people called “Mormons” growing out
of the late difficulties between the people, and other Citizens
of this state.
They consider the evidence taken in the examination there
held, in a great degree, expartie, and not of the caracter
which should be desired for the basis of a fair and candid inve=
stigation. Moreover the papers, documents, &c have not been
certified in such a manner as to satisfy the Committee of
their authenticity
It has been represented to them, that the examining courts have
sent on for further trial many of that class of Citizens called
mormons, charged with various crimes and offenses: under the
charge of treason, six: for murder, and as accusaries thereto before
and after the fact, eight; and for other felonies, twenty seven.
Special terms of the circuit court are expected to be held in the
several counties, in which the above mentioned crimes are rep=
resented to have been committed. Grand juries will then have
those charges against said people before them, and must act
upon the same, documentary evidence which the committee
would necessarily be compelled to [“have” crossed out] examine; by which
circumstances two co-ordinate [“branches” crossed out] departments of this Government may brought in Collission;- a contingency that should be
studiously avoided and cautiously guarded against.--
Another insuperable objection that has presented itself to the
mind of the committee and which would induce them to sus
=pend any further investigation under present and existing
circumstances, would be the consequence likely to result
from a publication of their report. Those persons who have
been sent on for-further trial have guaranteed to them the
sacred and constitutional right of “a speedy trial by an
impartial [“trial” crossed out] Jury of the [vic enage? ];” and if the guilt of the
accused should be confirmed by the report of the committee, it
would so prejudice public sentiment against them, as to
deprive them of that right which should not be taken
away by any consideration.
If the committee were to find it necessary in the prosecution of
their object, to have access to the papers, documents, &c
connected with this difficultie, the probable interference [“with” crossed out] of
the several courts being in session Might seriously interupt their
views. It might reasonably be expected that all the evidence
[ ] description would be in the posession of the courts to be
used on the final trial, and by that means the investigation
would be protracted to a much greater length, than would be
necessary under different circumstances – they, would, therefore,
recommend, in order to avoid all the difficulties that have
been presented; that a committee after the adjournment of
the General Assembly go into the vicinity of the scene of
difficulties, and make their investigation and report at
such times and in such manner as the legislation may dir=
=ect. If this course should be accepted, the committee believe
that the session would be much shortened, and heavy expenses
saved to the state, which otherwise would necessarily be incurred
in sending for witnesses and bringing them from so great a distance.—
By a resolution of both houses the special message of the
Governor, in relation to the subject of enquiry with the accompa=
=ny documents was referred to this committee, with instructions
to select such documents as in their opinion ought to be pub=
=lished with the message and to report to their respective
houses—
The committee after a full consideration of the subject with
due regard to its importance are of opinion that is inexpedi=
=ent at this time to publish [three words crossed out] any of the docu=
=ments under the authority of the General Assembly and
submit to the two houses the leading reasons for that opinion
The documents may be divided into several classes
1st. The affadavits and correspondence, preceeding each series
of authorized military operations
2ed The orders issued upon such evidence
3rd The military operations and correspondence consequent
thereon and
4th The evidence taken before a court of inquiry held for the
investigation of crimnal charges against individuals
It was found by the Joint Committee at an early period
after their orginazation, that in order to a full and satis=
=factory investigation of the subjects referred to them, a [maz]
of additional testimony oral and written would be [require]
This became apparent to the committee from the content of
the documents referred to them. These documents [ ]
their are serviceable in giving directions to the court of inquiry
are none of them except the official orders and correspondence
such as ought to be received as conclusive evidence of the
facts stated, nor are their contents such as would without
the use of further-evidence enable the committee to form a
satisfactory opinion in relation to the material points
of the enquiry.
The copy of the examination taken before the criminal
court of enquiry, is manifestly not such evidence as ought
to be received by the committee.
1st because it is not authenticicated and
2nd it is confined chiefly to the object of that inquiry:
Namely the investigation of criminal charges against
=viduals under-arrest: for these reasons, but above all for
the reason that it would be a direct interference with
the administration of Justice, this document ought not
to be published with the sanction of the legislature.
The Committee concludes that it would not be proper to
publish the official orders, and correspondence between the
officers in command and the executive, without the
evidence on which they were founded, and that evidence
is not sufficuntly full or satisfactory, to authorize its pub=
=lication – To publish the whole together might tend to
give a direction to the public mind prejudicial to an
impartial administration of Justice in finding cases,
When it will not afford the means of forming any sat=
=isfactory conclusion as to the causes of the late disturban=
=ces, or the conduct of the military operations in suppressing
them
The Committee therefore recommend to each house
to adopt the following resolution
Resolved, That it is inexpedient at this time to pros=
-ecute further the enquiry into the causes of the late dis=
-turbances and the conduct of the military operations
in suppressing them.
Resolved, That it is inexpedient to publish at this time
any of the documents accompanying the Governors Message
in relation to the late disturbances
Resolved, That it is expedient to organize by law a board
of commissoners to investigate the causes of said disturb=
=ances and the conduct of the military operations in
suppressing them, after the adjournment of the General
Assembly
Mr Noland moved
to amend the first resolution, by striking out the [“words” crossed out]
letters “i,n” belonging to the word [inexpedient “in” crossed out]
Which was rejected
Mr Huston offered the following resolution as a substi=
=tute to the third
Resolved That it is expedient to appoint a committee
composed of ____ Senators and ____ Represenatives
to investigate the causes of said disturbances and the
conduct of the Military Operations in suppressing them
to meet at such time, and to be invested with such
powers as may be proscribed by law.—
Which was adopted
Question “Shall the instrument of [writting] submitted
by the committee be received”
Was decided affirmatively
On Motion of Mr Geyer
Mr Huston was appointed to arrange the report of this
Committee for the Clerk to Copy, to report to their Respective
Houses of the General Assembly
[“Which was agreed to” crossed out]
On Motion of Mr Scott
The Committee adjourned subject to the call of the
Chairman
Monday 14th January 1839
The Committee met
Mr Chairman read the Resolution adopted by both houses
empowering the committee to draft a Bill, to govern the com=
mittee to be appointed on the part of both houses, to investigate
the Mormon disturbances
Mr. Noland moved
That each House elect its part of the committee
Which was adopted
Mr Noland moved
That a sub committee be appointed to draft a Reso
Which motion was adopted
Mr Chairman appointed the committee, consisting of [Messers]
Turner, Huston, and Geyer
On Motion of Mr Noland
The committee adjourned subject to the call of the chairman