Chapter 5: The War Begins: Conflict in Daviess County, August–September 1838

The election-day battle at Gallatin on August 6, 1838, was neither a large scale riot nor a military conflict but it essentially marked the beginning of the Mormon War in northern Missouri. To the settlers living in the northern counties it appeared to prove that they could not live compatibly with the Mormons. Furthermore, the fracas led to a regeneration of expulsionist attitudes among Mormon antagonists who began to find justification for removing the Latter-day Saints from the region. Although the Mormon War was played out in several northern Missouri counties, Daviess was the principal scene of conflict between the months of August through October. Sixteen year-old William Burgess, a Mormon who moved with his family to Adam-ondi-Ahman in late August, expressed the general feeling of tumult and turmoil experienced by Mormon transplants living in Daviess following the episode in Gallatin. “For about three months I didn’t undress only to wash and change clothes,” he wrote, “and no one except those that passed through it knows the tribulation and privations that we had to endure.”¹

The clearest justification for Mormon removal from Missouri was their expansion into counties outside the borders of Caldwell. Wrote one Missouri reporter, “the Mormons . . . agreed to settle in, and confine themselves to . . . the county of Caldwell; but they have violated that agreement, and are spreading over Davies[s], Clinton, Livingston, and Carroll.” He went on to say that so many Mormons had moved into Daviess that it would not be long before the local settlers ^[102] would be governed “by the Revelations of the great Prophet, Joe Smith, . . . hence their anxiety to rid themselves of [them].”²

Sidney Rigdon reflected how, following the election riot, expulsionists first focused on Daviess. “The first regular mob that assembled was in Daviess county, and their efforts were directed against the settlements made in that county, declaring their determination to drive out of the county all the citizens who were of our religion,” he wrote, and further indicated that, “the only evidence necessary to dispossess any individual or family [was] that they were of the ‘Mormon’ religion.”³ The election skirmish incited expulsion parties to focus on Daviess first, due to its mixed and relatively equal Mormon/non-Mormon population, and because continued Mormon emigration threatened to give the Latter-day Saints an even greater majority.

The Conflict Begins

News of the August 6 fight at Gallatin between the Daviess settlers and the Mormons spread quickly. Josiah Morin, the victorious Democratic candidate from Daviess for state senator and a friend to the Mormons, rode to Far West and was the first to report the incident to Church leaders. Morin was not at the polls when the brawl broke out, but was concerned when he received information that two Mormons had been killed, and another, who apparently escaped but was critically injured, was also presumed to be dead. Furthermore, Morin reported that the bodies of the two Mormon men were “lying on the ground and they would not let their friends have them for burial.”⁴ The report coming from Gallatin was entertained to be true and immediately some ^[103] fifteen to twenty men from Far West volunteered to go to Gallatin to recover the bodies.⁵ Joseph Smith was a member of the expedition to Daviess, but he went along in order to use his influence “to ke[e]p down further difficultys,” and was not the leader of the group.⁶ George W. Robinson, the Prophet’s personal secretary and an elected colonel in the Caldwell militia, indicated he was appointed to take command “in consequence of my holding the office of Colonel, whose duty it is to command one regiment.”⁷ Such a statement indicates Church authorities possibly considered this to be a legal call-out of the local militia, thereby demonstrating that they were attempting to observe the statutes regulating local units. As further evidence of this point, Elias Higbee, a ^[104] Caldwell County judge, was also specifically mentioned as being a member of the expedition.⁸ Missouri law contained provisions granting either the county or circuit court judges power to call out the local militia in times of crisis. However, if it became necessary for a county militia force to cross over into another county, permission from the circuit court judge was to be secured.⁹ Perhaps out of expediency, the Mormons did not follow the proper procedure on this occasion, but went ahead with the operation by consent of Judge Higbee. Had they followed the correct practice, before leaving the county they would have had to secure permission from Austin A. King, the circuit court judge residing in Richmond, Ray County.

In journeying through Daviess, the Caldwell contingent split up into smaller groups. Rigdon related that at least one of the companies went directly to Gallatin to investigate. They found the reports not true and continued on to Diahman.¹⁰ Joseph Smith’s detachment bypassed Gallatin completely and went directly to the home of Lyman Wight at Adam-ondi-Ahman in order to review the situation.¹¹ George Robinson reported that Mormon men came from all parts of Caldwell County, so that by the time they arrived at Wight’s residence, they had a sizable company.¹² The men who joined the ranks of the Mormon outfit likely came from parts of both Caldwell and Daviess counties and were a mixed company of Mormon volunteers, regular militia, ^[105] as well as members of the newly created Danite society. Approximately 120–150 men were recruited.¹³

Upon arriving at the Diahman, the Mormon leaders learned firsthand that the reports about the election-day skirmish were exaggerated and that no one had been killed.¹⁴ The settlers, however, were in a state of alarm. In anticipation of a possible siege, the women and children were all collected in one place, and the men butchered two beef cattle and cooked up a large quantity of corn meal as if this dinner was to be their last.¹⁵ Reasons for their fears were based upon rumors that a large mob was gathering at Millport with the intent of harassing Mormon settlers in Daviess. The mob was purported to be headed up by Adam Black, an avowed anti-Mormon and a justice of the peace in the county.¹⁶ The year previous, in July 1837, he, William Peniston, William Bowman (the first appointed sheriff in the county), and some twenty to thirty others went from house to house visiting the Mormons and warning them to leave the county by a specific date. However, on that occasion the Mormons were not to be intimidated and they assured the banditti “they might expect a warm reception.” causing Black and his associates to back ^[106] down from their threats.¹⁷ Because of his previous display of animosity, and after some consultation concerning the situation, a decision was made to pay the judge a visit in order to determine his intentions.¹⁸

Operation Adam Black

Church leaders believed Black would be duty-bound as a civil servant to sustain the law and join with the Latter-day Saints in their attempts to foster good will between themselves and the local settlers. However, the plan backfired. When the Mormons called upon the justice at his home on the morning of August 8, they were not prepared for his response to their request. Adam Black lived just over a mile from Adam-ondi-Ahman, and rather than overwhelm him, the Mormon company took up a position at a spring a short distance from his residence. Here, a committee was dispatched, consisting of Sampson Avard, Lyman Wight, and Cornelius P. Lott, whose mission it was to meet with the justice and discuss the current state of affairs. They were not well received. According to Black’s testimony the group who visited him on this occasion was comprised of seventeen men, “well armed, [who] came in about ten steps of his door, and called him to come out to the fence.” Wight acted as spokesman. His intent was to get him to sign a ^[107] written statement prepared by LDS leaders. They asked him “if he was willing to Stop the fuss and all live toguether in peace [and] he said he was,” recalled Isaac Leany.¹⁹ They then asked him to sign an article to that affect, but he declined. Several additional attempts were made, but Black remained obstinate and refused to sign the Mormon document.²⁰ Other subjects of concern to the Latter-day Saints were also discussed with many “angry words pass[ing] between them.”²¹ Rigdon later stated the Daviess county leader treated the Mormon representatives with contempt, “looked upon their visit as a high insult, and refused to give them any satisfaction.”²² Before departing, members of the delegation told Mr. Black they intended to visit Captain William Bowman, Colonel William P. Peniston, and other county political and militia officials to extract promises from them as well.²³ Following a volley of accusations on both sides, the commission returned to report to the Mormon Prophet.

A half hour later the entire Mormon contingent converged again on the justice’s home. This time Avard was the negotiator. According to Black’s own testimony, Avard presented him with a piece of paper and said, “We have come to be plain with you, the only alternative is for you to sign this obligation.”²⁴ Black again adamantly refused. He was then asked if he knew Joseph Smith. He replied that he did not, but would like to know the gentleman, and if he was there he would like to see him. At this point, Joseph Smith appeared and was introduced to him. The ^[108] Mormon leader was invited him to take a seat whereupon Black asked him why so many armed men had surrounded his house in such a manner. Smith replied they had merely come for the purpose of getting him to sign the statement.²⁵ Yet, even after considerable discussion with Joseph Smith, Black refused to sign the Mormon contract, whereupon a proposal was made that he come up with his own. To this he complied and drafted the following promise:

I Adam Black, a justice of the peace of Daviess county, do hereby sertify to the people coled Mormin, that he is bound to suport the constitution of this State, and of the United State[s], and he is not attached to any mob nor will not attach himself to any such peopl. And so long as they will not molest me, I will not molest them. This the 8th day of August 1838.²⁶

During the interview, Mrs. Black let her feelings be known. While her husband was writing out the document, she used some highly insulting epitaphs, which Joseph Smith said “were calculated in their nature, to greatly irritate, if possible, the feelings of the bystanders belonging to [the Mormon] society.” The Mormon leader tried to leave on amicable terms. He asked Black if he had any unfriendly feelings towards him, and also if he had not treated him gently. To this Black answered in the affirmative.²⁷ Their negotiations over, the Mormon company returned to Adam-ondi-Ahman where President Smith and the Caldwell volunteers spent the evening with their brethren “rejoicing in the thought that the difficulty was settled, as they hoped much good from ^[109] Mr. Black’s influence.”²⁸ But as Ebenezer Robinson recalled, the whole ordeal “proved to be an exceedingly unwise move.”²⁹ Justice Black may have received the message, but he would shortly send one of his own.

Adam Black later claimed he was forced to sign the agreement after an armed force of over 150 men “surrounded his house and family, and threatened him with instant death if he did not sign [the] instrument.”³⁰ William Swartzell, a one-time church member who left the Latter-day Saint society in late August, stated he was a member of the Daviess expedition and made the following report concerning the incident:

. . . messengers were sent [to Black] by Joseph Smith and his head men, with certain written proposals, (or articles of agreement) to Mr. Black, which he refused to sign. Upon [his] refusal . . . we all marched, in silence, to his house, which we immediately surrounded. A dozen, or more, rushed into the house, presented the articles of agreement to Mr. Black, and told him he must “sign it or die.” He answered them, “I will die first. But,” added he, “I will draw up and sign an article to suit myself; and if it does not please you, gentlemen, I will suffer death before I will sign another.” This proposition, after considerable angry talking, was acceded to. The articles were then written, and signed by Mr. Black, when my Mormon brethren took their leave—not, however, till our Brigadeer ^[110] General, (Mr. Eberly) by way of admonition, told him that “if you violate the articles of agreement, death shall be your portion!” We then returned to Adam-on-Diammon.³¹

Later on the evening of August 8, several Daviess officials from Millport came to Diahman to meet with Mormon leaders. They recommended that a committee be formed comprised of representatives from both communities in order to discuss the Mormon situation. Accordingly, at noon the next day Josiah Morin, John Williams (the Democratic representative-elect who defeated the anti-Mormon William Peniston), James B. Turner (clerk of the circuit court), Jacob S. Rogers, and several others met with Mormon leaders at Diahman—John Smith (stake president), Reynolds Cahoon (counselor), Lyman Wight (counselor, militia colonel, and Danite leader), and Vinson Knight (bishop). Joseph Smith remained detached from these proceedings, content to let the local church and military officials arbitrate. A compact was reached that each party would attempt to preserve the peace in the county, and both sides agreed they would deliver any reported offenders to the authorities.³²

Repercussions Following the Adam Black Encounter

Adam Black wasted no time in telling others about the treatment he received from the Latter-day Saints. He also went immediately to warn four county compatriots that they could expect a similar visit and confrontation. Fearful of further Mormon intimidation, Black, accompanied by William P. Peniston, William Bowman, Wilson McKinney, and John Netherton, traveled to Richmond in Ray County, where they appeared on August 10 before Austin A. King, judge of the 5th judicial circuit. Of the four men who accompanied Black on this occasion, Peniston felt he had the most to fear since it was his oratory at Gallatin’s polls which had been the ^[111] catalyst behind not only the brawl, but also the Mormon response. He was especially bitter towards the Latter-day Saints following his election defeat that he undoubtedly blamed on them. In his sworn affidavit before Judge King, Peniston claimed that 500 armed Mormon insurrectionaries of “unlawful character” had collected in the county, 120 of whom had committed violence against Justice Black. Furthermore, he believed Joseph Smith and Lyman Wight were at the head of the entire body of men whose object it was to “take vengence for some injuries . . . done to some of their friends, and to intimidate and drive from this county all the old citizens, and possess themselves of their lands, or to force such as do not live to come into their measures and submit to their dictation.” Bowman, McKinney, and Netherton also attested to the document.³³

Adam Black issued his own formal complaint before Judge King. According to John P. Greene, the Daviess justice was pressured to do so by some of the citizens from his own county who “were greatly dissatisfied that Mr. Black had taken it upon himself to enter into it [the agreement with the Mormons] without their authority—whereupon, Mr. Black, to appease them, went to Austin A. King, Circuit Judge, and obtained a writ for the apprehension of Smith and Wight.”³⁴ On August 13, several officers were dispatched in order to notify Joseph Smith and Lyman Wight that a writ had been issued against them. Three days later, William Morgan, the newly-elected sheriff of Daviess county, accompanied by a sympathetic Judge Morin, went to Far ^[112] West to notify Joseph Smith that he had come to take him to Daviess for trial. The Mormon leader refused to be taken for the simple reason that the law provided that he be tried in his own county. Morgan, therefore, did not serve the writ, but indicated he would return to Richmond in order to discuss the matter with Judge King. King informed Morgan he had no authority outside Daviess County, whereupon Morgan notified the Mormon leader that he could not serve the writ.³⁵

After failing to secure the arrest of Joseph Smith, Adam Black later preferred charges against several Latter-day Saints in Daviess County Court. On August 28 he appeared before acting justice of the peace William Dryden and brought formal charges against sixteen men. Significantly, neither Joseph Smith, Lyman Wight, nor Sampson Avard were included in the complaint. In this deposition, Mr. Black specifically stated that 154 armed men “surrounded his house and family, and threatened him with instant death if he did not sign a certain instrument of writing, binding himself as Justice of the Peace for [the] said county of Daviess, not to molest the people called Mormons.” The acting justice immediately issued a writ for the arrest of those cited in the complaint and assigned a special deputy, Nathanel H. Blakely, to serve the writ.³⁶ While the trial was subsequently held for the defendants, all of whom were Daviess residents, Black was unsuccessful in his attempt to prosecute those Mormons whom he perceived as being the ringleaders of his August 8 encounter.^{37 [113]}

Fear of an Impending Conflict Spreads to Other Counties

The events surrounding Judge Black’s encounter with Mormon troops immediately spawned rumors and exaggerated reports about Mormon activities and intentions throughout much of northern Missouri. “Representations of these hostile movements of the Mormons were sent by express to the neighboring counties which created considerable excitement,” wrote Reed Peck. The general cry from Daviess residents was “that the Mormons should be expelled from that ^[114] county as it would be impossible to live in peace with them.”³⁸ Volunteers from other counties were immediately called to come to their aid.

On August 11, the day after Peniston and Black’s appearance before Judge King in Richmond, a citizen’s delegation from Ray County went to Far West to learn firsthand what had transpired in connection with the August 8–9 expedition into Daviess. A Mormon committee consisting of seven men, including Bishop Edward Partridge, who acted as chair, met with the Ray County commission in the city hall and answered the questions put to them. The delegation was apparently satisfied with the Mormon response and was assured there would be no repercussions but also wanted to secure similar promises from Mormon leaders in Daviess.³⁹ The next day the Ray committee traveled to Diahman, where they met Joseph Smith. Upon their arrival over one hundred Latter-day Saints assembled to meet them. The visitors stated that their purpose in coming was to insist that the Mormons yield obedience to the laws of Missouri “either by peaceable or forcible measures.” Wight responded defiantly and indicated to them that he did not care anything for the law, since the law had not protected him during the seven years he had lived in Missouri. A second, more private meeting was later held in Wight’s home, following which the commission returned to Richmond.^{40 [115]}

Jackson County residents also became aggravated about the disturbances after hearing from William Bowman, who traveled from Daviess to Independence to request assistance. On September 4, Bowman met with a council headed by three leading citizens—Moses Wilson, major-general of the Jackson militia and an anti-Mormon agitator, R. R. Rees, and C. J. Sullivan. After hearing his report, several resolutions were carried. Believing that Daviess residents were being molested by the Mormons, the committee reached a decision to call for volunteers who would go to northern Missouri “to aid our fellow-citizens of Daviess in the execution of the law.”⁴¹

Livingston County residents, situated to the east of Daviess, appeared to be the most alarmed. Hiram Comstock (sometimes spelled Cumstock), a Livingston resident and a brother of Nehemiah Comstock who later led the attack at Haun’s Mill, drafted a letter on August 12 to the citizens in Carroll County describing the Adam Black incident and reporting the current state of affairs. He stated that since converging upon Black, the number of armed Mormon men in the area had increased to between three and four hundred, which troops have “literally overrun a considerable portion of this county, destroying the crops of grain that may be in their way.” In addition he reported the Mormons were believed to have killed Peniston, Bowman, Etherton, and McKinney, and then retreated to Far West where they were preparing for an anticipated siege on the community. While these reports were false, Comstock claimed this information was related by Black himself to one hundred individuals gathered at the home of Jesse Naves. He further indicated two hundred men from Livingston County were collected and were preparing to march to Millport. He also requested aid from Carroll County’s citizens.^42 [116]

On September 1, Daniel Ashby, a resident of Brunswick, Missouri, penned a personal letter to Governor Boggs. The letter serves to illustrate the types of inflated rumors being circulated in the northern counties. Ashby said that the citizens in nearby Daviess were “greatly excited” over the fear of a “contemplated struggle,” and firmly believed the Mormon fanatics were plotting a “deeply laid scheme” against the local settlers to bring about their destruction. Included in Ashby’s letter was a written statement by Nathan Marsh, a former Caldwell resident. Marsh reported that Joseph Smith had “fourteen thousand men, not belonging to the church, ready at a moment’s warning which was generally understood to mean Indians.” The talk was that the Mormons were planning to enter into a league with the Indian tribes who would “be the principal means by which this object would be accomplished.” Accompanying Ashby’s letter were the names of two prominent Chariton county leaders and militia officers, James Keyte and Sterling Price, who recommended the governor issue orders to call out the militia.⁴³ Even before Ashby’s letter came across the governor’s desk, however, rumors of a Mormon-Indian coalition had already reached the his office. On August 30, B. M. Lisle, adjutant general of the Missouri state militia, ordered David R. Atchison, major-general of the 3rd division, to raise four hundred cavalry in addition to an unspecified number of infantry, to stand in readiness and to await further orders. Lisle stated these orders were issued as a precautionary measure due to current “Indications of Indian disturbances on our immediate frontier, and the recent civil disturbances in the counties of Caldwell, Daviess, and Carroll.”^44 [117]

Joseph Smith and Lyman Wight’s Arrest and Trial

Near the end of August, some unnamed Daviess citizens preferred charges against Joseph Smith and Lyman Wight. When William Morgan, the Daviess sheriff, went to Adam-ondi-Ahman to issue a writ against Wight, the Mormon colonel refused to be taken and made some overt threats. As previously noted, when Morgan tried to serve a warrant against Joseph Smith in mid-August, the Mormon leader objected on grounds that he would only be tried in Caldwell and not Daviess. With Wight also subsequently resisting arrest, local settlers became alarmed and word spread that the two leaders refused to submit to the law. Morgan immediately sought out Judge King for advice. King told the sheriff to get a posse of citizens to assist him in apprehending Wight, and if that force proved insufficient, he was to call upon the county militia. Word also spread that parties in surrounding counties were preparing to come to the aid of their Daviess neighbors.⁴⁵

On September 2, after attending their Sunday meetings, the First Presidency met with a delegation from Livingston County who informed them that a large collection of people from eleven counties were assembling in Daviess to help take the two leaders. Following the meeting, Mormon officials at Far West perceived further problems might result if Joseph Smith and Colonel Wight refused to submit to the authorities. President Smith also sent word for Wight to come to ^[118] Far West to see if he could be persuaded to submit. Philo Dibble, a colonel in the Caldwell militia, proposed to the Mormon Prophet that he send for David Atchison, who they hoped to employ as their legal counsel. The Prophet concurred with Dibble’s suggestion and a messenger was immediately dispatched to Liberty requesting Atchison’s services.⁴⁶

The Mormons were unaware that the general was already en route to Far West after receiving the August 30 orders from the state adjutant-general to proceed to Caldwell County with a company of militia to investigate the rumored disturbances. Atchison, and fellow law partner and militia officer Alexander W. Doniphan, as well as a state militia force consisting of one hundred men, arrived at Far West on the evening of September 3 and camped north of the community. The following day, after considerable consultation with these two officials, President Smith and Lyman Wight agreed to stand trial, Atchison and Doniphan agreed to serve as counsel, and word was sent to Judge Austin King in Richmond that the two leaders had consented to be tried. To appease the Mormons and to avoid a possible conflict with some of the hostile citizens collecting at Gallatin, arrangements were made for the hearing to be held on September 6 at the residence of Waldo Littlefield, a Latter-day Saint living in the county.⁴⁷

Upon receiving word that the Prophet and Colonel Wight had agreed to a hearing, Judge King proceeded to Daviess County on September 5. He left Richmond and traveled to Far West that evening where he spent the night. The following morning the Caldwell militia were called out, apparently by Mormon officers or authorities with the thought of accompanying Joseph Smith and ^[119] his defense team to the scene of the trial and also because vigilante forces were reported in the area. However, “The militia at Far West, were ordered not to leave that place under penalty of the law,” wrote Warren Foote, “but to hold themselves as minutemen, and be ready at a moments warning, armed and equipped to repel the mob.”⁴⁸ The directives probably came from Atchison who believed the Mormon troops were not necessary and might only arouse tension and animosity.

Joseph Smith, Atchison, Doniphan, Judge King, and several brethren traveled to Littlefield’s unaccompanied. Upon their arrival, the Mormon Prophet remained secluded nearby thinking “it wisdom [not] to make his appearance before the public in consequence of the many threats made against him and the high state of excitement in that place.”⁴⁹ For some reason, Black did not appear and the court was unable to proceed. King rescheduled the hearing for the following day and proposed that the trial be held in a grove of trees near the home of John Raglin, whose residence was situated several miles south of Littlefield’s but only a half mile from the county line separating Daviess and Caldwell. The Mormon company returned to Far West that evening.^{50 [120]}

When the Mormon contingent left Far West on the morning of September 7, it included a significantly larger number of men than the day previous. Raglin was known to have been opposed to the Mormons, and fearing the worst, Joseph Smith and Atchison took no chances. “We did not know but there would be a disturbance among the mob characters, today,” wrote the Prophet’s secretary, so “accordingly [we] had an army of men placed at the County line so as to be ready at a minuits warning if there should be any difficulty at the trial.”⁵¹ The army was made up mainly of the militia members who had accompanied Atchison and Doniphan to Far West.⁵² Several Latter-day Saint men also went along, some of whom accompanied the defendants to the trial, while others chose to remain secluded.⁵³ Initially, Joseph Smith wanted the troops to be part of the assembly who had come to observe the proceedings. However, the general insisted that it would be better if they remained stationed at their position just inside Caldwell. “Joseph at first hesitated about agreeing to this,” wrote Philo Dibble, “but Atchison reassured him by saying: ‘My life for yours!’”^{54 [121]}

When the Prophet, Atchison, Doniphan, and a few Mormon witnesses arrived at the place appointed for the trial, a rabble element had already assembled and, on seeing the Mormon Prophet, began to curse and swear. General Atchison quickly put down the taunting. “Hold on, boys; if the first gun is fired there will not be one of you left.” The mob took this to signify that they were surrounded by the general’s troops and cooled down and let the trial proceed.⁵⁵ The trial convened at ten a.m. William Peniston, the prosecutor, had no witnesses other than Black, whose answers appeared to be contrived. The defense called several witnesses, including Dimick B. Huntington, Gideon Carter, Adam Lightner (a non-Mormon who lived among the Saints), and Joseph Smith. John P. Greene reported that King thought nothing of the accusation, and “no charge against them was sustained, yet to pacify the mob, who had meantime collected in great numbers, they were put under bond although no security whatever was demanded.”⁵⁶ The Prophet and Wight were then ordered to appear at the next term of the Daviess circuit court to be held on November 29 and the two defendants were released.⁵⁷

Surprisingly, reports about the proceedings and outcome of the trial tended to treat the testimony of the Mormons as credible. Sterling Price and Edgar Flory, two representatives from Chariton County, had traveled a considerable distance in order to observe the proceedings. A week previous to the hearing, Price, who at the time was serving as a member of the state house of representatives, had attached his signature to a letter to the governor requesting that the state militia be called out. He believed the rumors that the Mormons had entered into a league with the Native American tribes in the vicinity and were preparing for a conflict. At the completion of the ^[122] trial, Price and Flory informed Church leaders of the reason for their appearance at the hearing. They indicated that the people of Chariton County were not desirous of coming to the aid of the citizens of Daviess without knowing the present state of affairs. The testimony given in the court partially appeased Price’s and Flory’s concerns. However, in order to get more information, the two men returned with the Mormon company to Far West to review the outcome of the proceedings and to discuss other matters. The next day, following a lengthy discussion with Mormon leaders and Atchison, and after the Prophet and Sidney Rigdon had drafted an affidavit certifying there was no Mormon-Indian confederation, the two Chariton emissaries returned to Keytesville, fully satisfied concerning the peaceful intentions of the Mormon people.⁵⁸

Some favorable testimony on the side of the Mormons also appeared in the press. One reporter indicated that if the testimony given at the hearing was true, “a very different face has been placed upon the transaction to what B[lack] has sworn to . . . completely stamp[ing] the ^[123] certificate of Black . . . and others with falsehood.”⁵⁹ A later narrative extolled Joseph Smith and Lyman Wight’s willingness to abide by and submit to the law. Furthermore, Atchison’s investigation and involvement, coupled with Black’s court testimony, demonstrated that the plaintiff’s claims were not only “false and groundless,” but that the Mormons were unquestionably the most “injured party” as a result of the whole affair.⁶⁰ However, the reports tended to have the opposite effect on the attitudes of at least the local populace, who became imbued with even greater rancor and hatred towards the Latter-day Saints. The locals had clearly hoped for and expected an immediate conviction, and were no doubt disappointed by King’s ruling. Believing justice was not served, the enemies of the Saints sought vindication by increasing their hostilities against Joseph Smith’s followers living in Daviess County.

For the most part, however, the press opposed the Mormon cause. “In time, exciting and exaggerated reports began to spread through the country and fill the columns of newspapers, respecting the troubles existing in the counties,” wrote Lyman Littlefield. “These accounts were all garbled in such a manner as to place the Mormons to great disadvantage and make them the aggressors. Every subterfuge was seized upon with avidity and colored with false representations, so as to place the Mormons’ cause in a false light before the country,” he continued. In an era when newspapers were the primary source of information, many people residing in a frontier society were prone to believe anything coming from the journalists of the day. Since most of the reports about Mormon activities were negative, it is understandable why Mormons such as Littlefield later reported that the people in the territory “became poisoned in their feelings by these ^[124] insidious and often repeated exaggerations, and finally the greater portion of the people of upper Missouri were influenced and prejudiced thereby.”⁶¹

Mormons Intercept Government Arms and Ammunition

On September 8, an unnamed Latter-day Saint passing through Richmond in Ray County observed a stockpile of arms and ammunition being loaded into a wagon. The arms, which were part of the public arsenal, had been brought back from Florida by the militia members who had been called up from Missouri to stop the uprising of the Seminoles during the fall of 1837.⁶² It was learned that the guns had been illegally seized and were being transported across county lines to Daviess County to supply vigilante forces.⁶³ Traveling all night, the Mormon informant reached Far West the next morning and told Mormon leaders. Immediately, William Allred, a captain in the Caldwell militia, and ten other men were recruited and properly authorized by the civil authorities to intercept the shipment, confiscate the weapons, and arrest the gun-runners.⁶⁴ When the company was ready to leave, Joseph Smith addressed the small band, offering encouragement. “I want you to ride as fast as your horses can carry you,” the Mormon leader stated, “and you will ^[125] get those arms.”⁶⁵ After traveling a distance of nearly twenty miles, about one-half mile from the outskirts of Richmond the company came across a wagon abandoned in the road with a broken axle. Upon investigation they found the wagon to be empty, but soon discovered a trail in the high grass where something heavy had been dragged. Following the track, the militiamen found a large wooden box containing a stock of U.S. yaugers—long-range rifles. About that same time, three men approached in a wagon. The men hailed the Mormon band, believing them to be comrades who had come to their aid. However, they soon discovered their mistake and were placed under arrest. Captain Allred directed one of the men to drive alongside the case where the other two were ordered to load it onto the rig. They were then escorted back to Far West where they arrived by evening.⁶⁶

The stealing of the Richmond stockpile and the transfer of the guns to Daviess was probably intended to coincide with an offensive by vigilante forces in the northern county beginning on September 9. Word of this planned attack reached Far West on the night of the 8th. That same evening a few men from Far West immediately traveled to Adam-ondi-Ahman to assist.⁶⁷ Warren Foote noted in his journal entry for September 9, the following: “They [the ^[126] Caldwell militia] were ordered to assemble at Far West again today, and some were sent to Adam-ondi-ahman . . . 25 miles north of Far West, to assist the Latter-day Saints in that place against the mob, who are still collecting on Grand River.”⁶⁸ General Atchison, who was in Far West only the day before, may still have been in the community and possibly even initiated, or at least gave his approval of the call-out.

On September 10, the three Missourians taken into custody in connection with stealing the government arms—John B. Comer from Ray County, and Allen Miller and William L. McHaney, both from Daviess—were arraigned before Albert Petty, a Mormon justice of the peace. The facts of the matter were subsequently conveyed to Austin King asking for his recommendations concerning what to do with the prisoners and the arms which had been seized. While waiting for word from the judge, a trial was held for Cromer, Miller, and McHaney. They were found guilty, held without bail, and ordered to await appearance at the circuit court.⁶⁹

Vigilante Activities against the Mormons in Daviess and Livingston Counties

During the latter half of August and through much of September, vigilante forces from Daviess, Livingston, Carroll, and Saline counties intimidated and harassed Mormon settlers living particularly in Daviess and Livingston Counties. Church members in these regions, and those in the other isolated settlements, were especially vulnerable to assaults. Speaking of Daviess County, John P. Greene wrote, “A mob of about three hundred armed men . . . made prisoners of some of the Mormons, shooting and driving away their cattle, and threatening to exterminate or expel ^[127] them from the county unless they would deny their faith.”⁷⁰ The leaders of the anti-Mormon element were Dr. William W. Austin from Carroll and Cornelius Gilliam, former sheriff of Clay County.⁷¹

John L. Butler, a leading Mormon participant in the Gallatin election-day skirmish, was one of many Latter-day Saints targeted by the mob. Concerned about the safety of his family, Butler went to Far West to counsel with Joseph Smith concerning what course he should pursue. His cabin, located in the Marrowbone settlement, was separated from the majority of the Saints, so the Prophet told him to move from the area and “not sleep another night there.” He returned home that evening and did as directed. John, his wife, and Melinda Porter, a young woman boarding with the family, immediately loaded two wagons and traveled a mile and a half to the home of the Taylor family where they remained that evening. The next day, while en route back to his home to finish removing the rest of his family’s effects, John ran into a fellow Mormon with the last name of Gee. Brother Gee was relieved to see him since he had spied from a distance approximately thirty ruffians surrounding his home, and thought he had been killed. “I then saw the hand of the Lord in guiding Brother Joseph Smith to direct me to move my familey away,” he wrote, “for if he had not . . . in all probability we should have been murder’d, and I felt to thank God with all my heart and soul.” Soon thereafter the family moved to Far West.^72 [128]

In order to be assured of greater protection from hostile bands, the majority of Mormon families living in outlying settlements in Daviess as well as the adjacent counties moved to Adam-ondi-Ahman and established temporary quarters with the hope they would be able to return to their homes when the situation settled down. The First Presidency came to Anson Call’s home on a Sunday, sometime in September, and counseled all of the Church members in the area to leave their homes and temporarily move to Diahman. Although they agreed to relocate, they were anxious concerning their crops and were unsure as to whether or not to sell their farms. Joseph advised them not to sell out, but to continue to maintain their farms as best they could under the circumstances. Following the visit of the presidency, Call was selected to travel “amongst the outsiders to see what was brewing among the people.” He rode for five days without making known who he was and he perceived no signs of difficulty. Upon his return, community members still felt it best to make preparations to leave as soon as adequate food and supplies could be acquired. Following two short expeditions into the back country to procure honey, the brethren returned to their houses to find the whole country in arms and the settlement under constant surveillance by Cornelius Gilliam and a group of ruffians. In order to make their break to Diahman, Call and several other families packed what belongings they felt would be necessary and headed for the Grand River community in the middle of the night. They arrived safely later the next day.⁷³ George B. Teeples, a Mormon resident of Livingston County, stated that shortly after the summer election was held, “I was notified by the mob that they had resolved that there ^[129] Should not one of our peepls live in that County and that they would give mee four days to leave the County two families of us then moved into Davis County.”⁷⁴

The campaign of intimidation and harassment against outlying Latter-day Saints was not without casualties. Asahel A. Lathrop and his family were living on a small farm situated in northern Livingston County when a group of fifteen angry men, led by James Weldon, came upon his home, forcing him to flee. At the time several household members were sick, including his wife. He was absent for over two weeks, during which time ruffians kept a constant watch on the home, waiting for him to return, while at the same time threatening Sister Lathrop’s life. Under these circumstances, she was unable to attend to her children, one of whom died and was buried by the assailants. In the meantime, Lathrop secured permission from Judge King and General Atchison to organize a relief party to liberate his family. When he and the small militia force came upon his home, the attackers fled from the scene. He then removed his family to safety, a distance of sixty miles. However, within three days after completing their journey his wife expired. His two remaining children died a few days later.⁷⁵

Jonathan Hoopes and his family also received considerable ill treatment. On September 10, while in the process of moving some of his personal belongings to Adam-ondi-Ahman, he was ^[130] accosted by seventy-five ruffians, most of whom were from Livingston County. In addition to plundering his wagon and threatening him, “the[y] wanted me to Denounce my religion and move my family from Davis County to levinston County . . . and fight against my society,” he recollected, “then the[y] would protecte me.” After rejecting several propositions and being threatened at gun point, the band held him captive for half a day. Upon releasing him they said he must leave the county.⁷⁶ A short while later, while transporting his family and the remainder of his personal property, Hoopes was again confronted. The company subsequently released his wife and children and allowed them to continue on to Diahman, but they made a sport of tracking him like a hunted animal. Hoopes was informed he would be released, but after a short time they would come looking for him. “If the[y] Could see me the[y] would shoot me,” he recalled, “but by keeping myself hid in the woods I got away from them.” The men also stole two of his horses.⁷⁷

In September, John Murdock and Rufus Allen were accosted by a smaller but equally hostile group in much the same manner as Hoopes. Five miles from Adam-ondi-Ahman three men on horseback, armed with rifles, stopped them in their one-horse wagon. These men were soon joined by several others, numbering over twenty, Cornelius Gilliam at their head and captain of the company. When Murdock reached for his pistol, half a dozen men cocked and aimed their weapons at him. After considerable negotiation, which included threatening expletives on the part of the Missourians and a call to repentance on the part of Murdock, the Mormon persuaded the ^[131] hostile band to let him and Allen pass in exchange for their rifles. Still fearing a confrontation, Murdock addressed the company. “Gentlemen, if you are done with me, and have no further business with me, I want you to open up right and left, and give me room to drive, for I will neither drive through you, or around you. And they opened up right and left, and I drove off.”⁷⁸

Even though the number of Mormons living at Adam-ondi-Ahman provided greater security, they were still threatened. William F. Cahoon recalled that shortly after moving to the settlement he commenced building his home but he had to stop on account of the threats made by the mobs. “This was a time of grief and trouble to us, the mob who infested this beautiful region of country, were constantly creating excitement after excitement adding rumor to rumor until we were forced to watch them by night, as well as by day,” he remembered. “We were so harassed that we were not able to build houses or even spare time to procure food for our families and we lived in peril. Our fare was also poor as we could not get our corn ground and we had to punch holes in pieces of tin and take ears of corn and grate them on the tin to get or make meal for our bread.”⁷⁹ By the first part of September, Diahman’s defense forces consisted of approximately two hundred and fifty armed Daviess County men who were joined from time to time by another fifty to one hundred reinforcements from Caldwell.^{80 [132]}

Local “gentiles” also left their homes and banded together. When General Atchison arrived in the county in mid-September he reported a large portion of the citizens had “left their farms and removed their families either to adjoining counties or collected them together at a place called the Camp Ground.” He further noted the whole county appeared to be deserted “with the exception of a few who were not so timid as their neighbors.”⁸¹ Vinson Knight stated that “the Missourians began to move their families out of the neighborhood where the Mormons lived, and gathered together all the help that they could.”⁸² William Burgess, another Latter-day Saint living in Daviess, said that “All the old settlers but two moved away in order to have their families safe while they were fighting.”⁸³ “Sentinels were kept out by both parties,” wrote John Corrill, “and they reconnoitered the country as they thought proper.”⁸⁴

Call-out of the Third Division of the State Militia

As noted previously, based upon the reports reaching the governor’s office during the last weeks of August, B. M. Lisle of the state militia authorized General Atchison to raise a contingent of state troops to respond as necessary. Atchison (in company with Doniphan) marched to Far West with one hundred men, arriving on September 3, and remained in the vicinity until at least the 8th, during which time he defended the Mormon Prophet at the Daviess trial held on Raglin’s property. Shortly thereafter he and the men in his charge returned to Liberty.

News that Mormon officials had taken into custody three men in connection with stealing the government arms from the Richmond public stocks, and reports of increasing hostilities by ^[133] vigilante forces against Mormon settlers in Daviess, reached Austin King in Richmond on September 10. Using his authority as a circuit judge, King advised General Atchison to return to Caldwell and Daviess with his troops, enforce the law, and suppress the disturbances.⁸⁵ The general responded at once.

Atchison immediately secured the services of eight mounted companies consisting of approximately three hundred men. Four companies were from Clay under the leadership of Doniphan, and four others were from Ray under the command of Hiram G. Parks. Late in the day of September 12, the two units established camp about eight miles south of Far West.⁸⁶ Later that evening General Doniphan, accompanied by an aide, came to Far West. It had been reported that the Mormons were fortifying the town with twenty to thirty pieces of cannon artillery, so he came to investigate personally. Finding the report false, “He had a friendly chat with Joseph Smith, and the leading [Mormon] men, and appeared to be very friendly to the ‘Mormons.’”⁸⁷ During his stay, Doniphan had the three prisoners who had stolen the arms from the Richmond arsenal—Comer, Miller, and McHaney—turned over to him. He also discovered that the guns which had been confiscated had been distributed among the Mormon ranks and immediately ordered the weapons be rounded up. By the next day all but three rifles were located and transferred into his ^[134] charge. When the rest of his command arrived on the morning of the 13th, Doniphan ordered a small guard to take the weapons and John Comer back to Atchison’s camp. Meanwhile, he marched his men, along with the two other prisoners, Miller and McHaney, into Daviess. A messenger was sent ahead to notify the Daviess forces that the Liberty troops were en route and were authorized to mediate and settle the difficulties.⁸⁸

In the afternoon of September 13, Doniphan marched his men into the camp of the Daviess vigilantes who had taken up a position six miles south of Adam-ondi-Ahman.⁸⁹ Immediately upon their arrival the militia commander held an interview with Austin, the appointed leader of the county regulators. Austin informed the general his men had assembled for purposes of defense and that their intentions were “pacific.” However, Doniphan noted otherwise. His aide, who had previously gone ahead of the company, had read to them Atchison’s order requiring that the band immediately disperse, but this they did not do. “They were marching and counter-marching guards out, and myself and others who approached the camp were taken to task,” wrote Doniphan. Even after his meeting with Austin, they “continue[d] in arms,” conducting various drills and maneuvers. Little was accomplished or settled, but Doniphan apparently felt satisfied that there was hardly a chance a confrontation would erupt between the two parties as long as his troops were in the ^[135] vicinity. Before leaving to go to the Mormon settlement, Doniphan secured the release of one Mormon prisoner taken by the militant citizens and liberated Miller and McHaney, whose detention he considered illegal.⁹⁰

Doniphan went to Diahman for two reasons—first to negotiate peace, and then to see that justice on both sides was served. During the first part of September, special deputy Nathanael Blakely made an unsuccessful attempt to issue the writ for the apprehension of the sixteen Mormon men cited by Adam Black in his August 28 complaint given before part-time Daviess Justice William Dryden.⁹¹ Doniphan was made aware of the apparent unwillingness on the part of the Mormons to submit to the civil officials while at the vigilante encampment, but assured the Daviess County regulators he would use his influence and authority to see that the Mormons observed the law.

Following his arrival at the Mormon settlement, the Clay County general interviewed Colonel Wight and other Mormon leaders. Doniphan was sympathetic to their reasons for not giving themselves up to the local officers, but he also recognized that their submission to the law was necessary in order to appease the local settlers. After some considerable discussion with Wight, the Mormon colonel agreed to concede to the dictates of the military authorities. “He professed entire willingness to disband and surrender up to me every one of the Mormons accused ^[136] of crime,” Doniphan wrote, “[but] required in return, that the hostile forces, collected by the other citizens of the county, should also disband.”⁹² With his mission accomplished at Diahman, the brigadier-general marched the Clay militia to a location situated between the two warring factions and waited for the arrival of Atchison and Parks.⁹³

On September 14, the two militia generals and the Ray County militia recruits passed through Far West en route to Daviess. The company arrived at the camp of the vigilantes the following day.⁹⁴ Following two days of investigation, it became evident to the division commander that although both groups shared responsibility for the difficulties, the vigilante force was the most culpable. In his report to the governor concerning the Daviess army Atchison stated: “I found from two to three hundred men in arms, principally from the counties of Livingston, Carroll and ^[137] Saline; these men were embodied under the pretext [italics mine] of defending the citizens of Daviess county, against the Mormons, and were operating under the orders of a Dr. Austin, from Carroll County.”⁹⁵

On September 18–19, a court of inquiry was held for the accused Daviess Mormons under the protection and surveillance of Atchison and his troops at their encampment at Netherton Springs.⁹⁶ Of the sixteen defendants cited by Black in the complaint, thirteen were present and were arraigned before two local justices.⁹⁷ Significantly, Lyman Wight, though not cited as one of the defendants in the complaint, was also present to answer charges. It is not known who the Mormons employed as legal counsel, but it was likely Atchison and Doniphan since they were familiar with the case after having previously defended Wight and Joseph Smith three weeks earlier on similar charges. According to Mormon reports, the hearing was conducted under threatening conditions. George A. Smith, one of the defendants, indicated that the vigilantes, some three hundred in number, could hardly be restrained by the militia, which numbered only two hundred. “Many times during our detention infuriated men came up to us and holding their knives in their hands, with their thumbs upon the blade, said, ‘Damn you, I am going to put that into you so far;’ others presenting their pistols, said, ‘This is loaded on purpose to kill a damned Mormon.’” Smith further noted the interposition of the two Clay County military leaders. “Had it not been for the stern vigilance of Generals Atchison and Donophan probably none of us would have left the ^[138] ground alive,” he wrote.⁹⁸ Following two days of testimony, the defendants were released but issued bonds to appear in the next session of the circuit court.⁹⁹ At the conclusion of the court, the Mormons filed their own complaints before the two justices against some thirty individuals who were predominant players in the Daviess depredations, but the magistrates refused to enter their pleas.¹⁰⁰

With the hearing concluded, Atchison disbanded the Missouri miscreants and ordered all armed men, both Mormon and non-Mormon, to return to their respective homes and counties. Furthermore, in order to maintain the peace and believing the Daviess forces might collect again, he assigned two companies, comprised of approximately one hundred men under the command of General Parks from Ray County, to remain in the region “until confidence and tranquility should be restored.” The Clay County general believed this would be for a period of about twenty days and sent word to the governor that most of the difficulties had been at least temporarily resolved.¹⁰¹ Mormon citizens were of the opinion that peace had been permanently restored and they anticipated no ^[139] further conflict. “We thought that the matter was settled and we all went about our business,” remembered William Cooper.¹⁰²

Atchison was less optimistic. Although he considered the Daviess insurrection to be over for the time being, he perceived that the situation could explode into full-scale war at any time. His report to the governor about the state of affairs included the following assessment:

If an attack is made upon the Mormons in Daviess county, for the purpose of driving them from that county, it is very much to be feared that the Mormons, to a man, will assist the Mormons of that county; this will be the case I have no doubt. I will further inform you Excellency, that the Mormons are well armed, most of them being equiped with a good rifle or musket, a brace of large belt pistols, and a broad sword, so that from their position and their fanaticism, and their unalterable determination not to be driven, much blood will be spilt, and much suffering endured, if a blow is once struck, without the interposition of your Excellency.¹⁰³

The field general clearly perceived the possibilities of an even greater and more dangerous confrontation.

Significantly, at the time Atchison was disbanding the regional militia, the governor was en route to the northern counties to investigate the situation—unaware that the troops from Clay and Ray were in the area and had settled the difficulties. On September 18, after receiving justice William Dryden’s September 15 letter indicating that Mormon leaders at Diahman were refusing to submit to the civil officers who were attempting to serve Adam Black’s writ, Boggs immediately sent orders for Atchison to go to Daviess to assist in their apprehension.¹⁰⁴ Official orders were ^[140] also sent to Captain Childs of the Boonville Guards, indicating he and his men were to accompany him on his march to Daviess.¹⁰⁵

Boggs, state adjutant-general B. M. Lisle, division commander Lewis Bolton, and several other state officers and aides left Jefferson City on Friday, September 21, reaching Boonville the following day. On the 22nd, a messenger arrived in the capital with Atchison and Doniphan’s letters from the field reporting peace had been restored in Daviess. The letters were immediately dispatched to the governor by special messenger, informing him of the situation.¹⁰⁶ Word of the Mormon-vigilante capitulation reached the state’s commander-in-chief on September 24 at Jonesboro. He immediately canceled the remainder of the operation and informed the rest of the state commanders that their services would no longer be necessary.¹⁰⁷ The cost of the entire September operation was estimated to be about $50–60,000.¹⁰⁸

With the majority of the regional militia disbanded, the governor assumed that the situation was settled and there was nothing more he could do. However, had he continued on to Daviess, he could have learned the state of affairs firsthand, conducted his own investigation, met with ^[141] leaders of both groups, and perhaps even mediated some of the differences which continued to exist. Atchison warned him that if another blow was struck and he did not personally intervene, blood would flow. Knowing the situation to be volatile, it would seem that Boggs should have recognized the need to step in and take immediate personal action in order to ensure that the rights of both sides were not violated. Yet, as friction increased throughout the fall, Boggs refused to go to the scene of the conflict, leaving him not only unaware of the full extent of the problems but also open and vulnerable to false reports. Lacking the knowledge necessary to accurately assess the situation, he was forced to leave much of the decision-making to his field officers and subordinates—many of whom were unsympathetic and unfair to the Mormon cause. When he ultimately took decisive action, his directives were too late, too one-sided, and too harsh.

After the August–September activities of the vigilante forces in Daviess were put down by the regional militia, the conflict shifted temporarily. W. W. Austin, the acknowledged leader of the unauthorized citizen forces in Daviess, returned to Carroll County and there incited expulsionist parties to drive from the county the small number of Mormon settlers residing in the community of De Witt. Advocates of Mormon expulsion recognized that the significant number of Mormons living in Daviess and the intervention by the state troops had produced a temporary stalemate in regards to their main objective, but perceived the situation in Carroll County to be much more in their favor. Their assessment was essentially correct. With the community removed some seventy miles from the main body of Latter-day Saints, and with considerably less numbers, removal parties recognized that the Mormon population could be uprooted more easily. However, the Mormons would hold their own for nearly two weeks before capitulating. Thereafter, the conflict would shift once again to Daviess. ^[142]