[ Full-text transcription of: Report of the Joint Committee on the Mormon Investigation to the Senate ]
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[Turner] Report
Mormon
On Table till
3rd day of January
The Joint Committee to whom was referred so much
of the Governors message as relates to the recent dificul=
=ties with the people Called mormons & a portion
of the Citizens of the State – And also a resolution
requiring said Committee to select such documents
refered to in said Message as ought to be published
have directed me to submit the following
report, preamble & resolution to the Senate & recommend
their adoption
Turner Chairman
The Joint committee to whom was referred so much of the Govern=
=ors 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 respectf=
=ully 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 the copies of the evide=
=nce taken before an examing
court Held in
Ray county for the purpose of enquiring into the charges alleg=
ed against the people called “Mormons” growing out of the
late difficulties between that people, and other Citizens of the
state.
They consider the evidence addressed in the examination then
held, in a great degree, [expartied]; and not of the character whi=
=ch should be desired for the basis of a fair and Candid
investigation. Moreover, the papers, documents, &c have not been
certified in such manner as to satisfy the committee of their
authenticity.
It has been represented to them, that the examing court have
sent on for further trial many of that class of citizens called
Mormons, charged with various crimes and offences; under
the charge of treason, six; for murder, and as accussaries there=
=to 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 Juri=
es 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 examine
by which circumstance two co-ordinate branches of this gove=
=rnment may be brought in Collusion; - a contingency that
should be studiously avoided, and cautiously guarded again=
=st
Another insuperable objection that has presented itself to the mind
of the committee and which would induce them to suspend any
investigation under present and existing circumstances, would be
the consequences 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 constitusional right of “a speedy
trial by an impartial Jury of the vicenage;” 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 [ ]
=y by any consideration, [“involving either public interest or
public expectations” crossed out] involved in this enquiry-
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 difficulty, the probable interference
of the several courts being in session Might seriously interu=
=pt their views, It might Preasumably be expected that all
the evidence of every discription 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 a much greater
length, that would be necessary under different Circumsta=
=nces- They would, therefore, recommend, in order to avoid
all the difficulties that have been presented, that, a
committee after the adjournment of the General Assemble,
go into the vicinity of the scene of difficulties, and make
their investigation and report at such time and in
such manner as the Legislature may direct. If this course
should be adopted, the Committee believe that the session
would be much shortened, and heavy expenses saved to the
state, which otherwize 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 accompany doc=
=uments was referred to this committee, with instructions to
select such documents as in their opinion ought to be pub=
=lished with the message and report to their respective houses-
The Committee after a full consideration of the subject with due
regard to its importance are of opinion that it is inexpedient at
this time to publish any of the documents under the authority
of the General Assembly and submit to the two houses the lead=
ing reasons for that opinion-
The documents may be divided into several classes.
1st the affadavits and correspondence preceding each series of
authorized military operation-
2ed the orders issued upon such evidence
3rd the military operation and correspondence consequent there=
on and
4th the evidence taken before a court of enquiry held for the inv=
estigation of crimnal charges against individuals
It was found by the Joint Committee at an early period
after their organization, that in order to a full and satis=
=factory invistigation of the subjects referred to them, a mass
of additional testmony oral and written would be requir=
=ed- This became apparent to the committee from 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 crimnal
court of inquiry is manifestly not such evidence as ought
to be received by the committee.
1st because it is not authenticated, and,
2ed it is confined chiefly to the object of that enquiry;
namely the invistigution of crimnal charges against
individuals under arrest; for these reasons, but above all
for the reasons, that it would be a direct interference with
the administration of Justice, this document ought not to
be published with the sanction of the legislation.
The Committee concludes that it would not be proper to pub=
=lish the official orders and correspondence between the offi=
=cers in command and the executive without the eviden=
=ce on which they were founded; and that evidence is
not sufficiently full and satisfactory, to authorize its
publication, To publish the whole together [“would” crossed out] Might tend
to [“direct” crossed out] give a direction to the public mind prejudicial to an impar=
=tial administration of Justice in pending cases while
[“administration of Justice” crossed out] it will not [“form” crossed out] afford the means of
forming any satisfactory Conclusion as to the causes of
the late disturbances, on the conduct of the military oper
=ations in suppressing them
The Committee therefore recommend to each
house to adopt the following resolutions
Resolved. That it is inexpedient at this time to prosecute
further the enquiry into the causes of the late disturbances
and the conduct of the Military operation in suppressing
them
Resolved. That it is inexpedient to publish at this time
any of the documents accompanying the Governors Mess=
=age in relation to the late disturbances
Resolved That it is expedient to appoint a Joint 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 power
as may be proscribed by Laws.