[ Full-text transcription of: Journal of the Joint Legislative Committee appointed to report a bill to proved for the late disturbances in this State. ]
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The Joint Committee to whom was referred [“the following resolution” crossed out] so much of the
Governors message as relates to the recent
difficulties between the people called Mormons
and a part of the people of this state with
instructions to enquire into the causes of
said disturbances and the conduct of
the military operations in suppressing them.
Have taken the same under consideration, and would respect-
fully submit the following report and resolutions. They
have thought it unwise and injudicious, under all the
existing Circumstances of this case, to predicate a report upon
the papers, documents, &c, purporting to be copies of
the evidences taken before an examining Court held in Rich-
mond,
Charges alleged against the people called “Mormons”
growing out of the late difficulties between those people,
and other citizens of this State. They consider the evi=
dence [advanced] in the examination then held, in a great
degree, exparte; and not of [two words crossed out] the character
which should be desined for the basis of a fair
and candid investigation. Moreover the papers, docu-
=ments, &c, have not been certified in such manner, as
to satisfy the committee of their authenticity. It has
been represented to them, that the examining Court have
sent on for further trial many of that class of cit-
-izins called Mormons, charged with various crimes
and offences; under the charge of treason, six; for
murder, and as accessaries 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 represented 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 this Committee would necessa-
-rily be compelled to examine; by which Circumstance two
co-ordinate departments of the government may be brought
in collision;-- a contingency that should be studiously avoided,
and cautiously guarded against – Another insuperable
objection that has presented itself, to the Mind of the Com-
-mittee to [ ] [“would be the serious consequences resulting from our investigation of this matter as referred w” crossed out] and which would
[induce] them to suspend any investigation under present and ex-
-isting circumstances, would [ ] likely consequences [“resulting” crossed out] to result from a publication of their report. Those persons
who have been sent on for further trial have guar-
-anteed to them the sacred and constitutional right of “a
speedy trial by an impartial jury of the vicinago;”
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 [ ]
[“involving [ ] public interest or public publications” crossed out] involved in this enquiry
If the committee were to find it necessary [words crossed out]
in the prosecution of their object, to have
access to the papers, documents &c, connected with
this difficulty, the probable interference of the Several
Courts being in session might seriously interrupt their
veiws. It might reasonably be expected that all the
evidence of every description would be in the possession
of the Courts to be used on the final trial, and by that
means the investigation would be protracted to be
much greater length, then it would be necessary under
different circumstances – They would, therefore, recom-
-mend, in order to avoid all the difficulties that have
been presented, that [“the” crossed out] a committee after the adjourn-
-ment of the Genl Assembly, go into the vicinity of
the scene of difficulty, and make their investigation
and report at such time and in such manner
as the legislature may direct. If the Course should be
adopted, the Committee believe that the [“length of the” crossed out] Session
would be much shortened, and heavy expenses Saved to
the State, [“that” crossed out] which otherwise would necessarily be incurred as sending
for witnesses and bringing them here from so great a
distance.
(Insert 2)
Resolutions & Report
By a resolution of both houses the special Message
of the Governor in relation to the subject of
enquiry with the accompanying documents
was referred to this committee with instructions
to select such documents as in their opinion
ought to be published with the message and
to report to the respective houses-
The committee after a full consideration
of the subject with due regard to its im-
portance are of opinion that it is inexpedient
at this time to publish any of the documents
under the authority of the General Assembly &
submit [“briefly” crossed out] to the two houses the leading
reasons for that opinion-
The document may be divided into
several classes. First the affidavits and
correspondence preceding [words crossed out] each series of authorized
military operations—Second, the orders issued
upon such evidence—Third the military operations
and correspondence consequent thereon & fourth
the evidence taken before a court of enquiry
held for the investigation of criminal charges
against individuals-
It was found by the joint committee at
an early period after [word crossed out] their organization that
in order to a full and satisfactory investiga
tion of the subjects [“refereed to them and to” crossed out] referred [ ] them a [ ]
of additional testimony oral and written would
be required. This became apparent to the
committee from [“an examination” crossed out] the contents of the
documents referred to them. These documents
although they are serviceable in giving direction
to the course of enquiry 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 aid 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, first
because it is not authenticated and secondly
it is confined chiefly to the object of that
enquiry; namely the investigation of criminal
charges against individuals under arrest: for
these reasons, but above all for the reason
that it would be a direct inference with
the administration of justice, this document
ought not to be published [words crossed out] 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 [word crossed out] that evidence
is not sufficiently full or satisfactory to
authorize its publication—To publish the
whole together might tend to give a direction to
the public mind prejudicial to an impartial
administration of justice [impending] cases while
it will not afford the means of forming any
satisfactory conclusion as to the causes of
the late [“difficulties” crossed out] disturbances or the
conduct of the military operations in sup-
pressing them.
The committee therefore recommend
to each house to adopt the following resolutions-
here insert the resolutions
Resolved—That the evidence taken before
Judge King ought not to be received as tesimony
before this committee—
H. S. Geyer
Resolved, That it is inexpedient to pub-
lish at this time any of the documents
in relation to the Mormon difficul
ties
Charles R. Scott
Resolved, That it is inexpedient to appoint a joint Committee composed
of Senators and Representatives to investigate
the Cause of said disturbances and the Conduct of the Military
Operation in suppressing them; [“after the adjournment of the” crossed out]
legislature [“and at such time, and with such force as
may be prescribed” crossed out] by [“___” word crossed out] to meet at Such time and to be
invested with Such powers as may be prescribed by
law.--
Resolved – That it is inexpedient at
this time to prosecute further the enquiry
into the issues of the late disturbances 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
[“a court of enquiry” crossed out]
by law a board of commissioners to investigate the cause
of such disturbances and the conduct
of the military operations in suppressing them
after the adjournment of the General Assembly