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David W. Kilbourne and Edward Kilbourne, “Latter-Day-Ism: Number 3,” Hawkeye and Iowa Patriot, October 14, 1841

Source Note

“Latter-Day-Ism: Number 3” was the third of three articles which David and Edward Kilbourne wrote in September and October 1841; they wrote this one on October 13, 1841. This one was never published in the Warsaw Signal, a newspaper run by Thomas Sharp in Warsaw, Illinois, but it was published in the Hawkeye and Iowa Patriot, a newspaper printed in Burlington, Iowa. This transcription comes from the Hawkeye and Iowa Patriot, volume 3, number 20, October 14, 1841.


Historical Introduction

One of the reasons that claims to land on the Half-Breed Tract were complicated was because of old claims dating back to the time the land was still governed by Spain. Notably, David Kilbourne and the New York Land Company were challenged by the Riddick (or Reddick) heirs. In 1809, Thomas F. Riddick had purchased a grant known as the Tesson grant (Louis Honore Tesson received the grant in 1795 from the Spanish governor-general at New Orleans), and now his children were petitioning for the land. President Martin Van Buren issued a patent for 640 acres for them in February 1839, but Kilbourne and others with the New York Land Company were able to pass a decree in 1841 which partitioned the land and essentially invalidated the Riddick claims.1

During the same time that Kilbourne was attempting to help invalidate the claims of the Riddick heirs, the Saints were beginning to promote the growth of their settlements in Lee County, Iowa Territory. In March of 1841, Joseph Smith received a revelation, part of which answered the question, “What is the Will of the Lord concerning the Saints in the Territory of Iowa?” The answer was to build up the city of Zarahemla, which was located just west of Montrose, and “let all those who come from the East, and the West, and the North, and the South, that have desires to dwell therein, take up their inheritances in the same, as well as in the City of Nashville.”2 Smith had designated a site for the city of Zarahemla on July 2, 1839, but almost nothing was done to build up the city until after the March 1841 revelation.3

In August 1841, the name of the Iowa Stake was changed to Zarahemla Stake, and the stake had about 750 members. However, the Zarahemla Stake was discontinued on January 6, 1842 with a branch replacing the stake.4 Part of the reason for this was the emphasis to build up Nauvoo, but part of the move away from emphasizing Iowa had to do with the instability of land claims on the Half-Breed Tract. By April 1843, Joseph Smith was actively discouraging members from settling in Lee County, Iowa Territory, because of a man who had tried to sell him questionable land claims to Keokuk, Iowa Territory. Smith commented at a Church conference, “I would not buy property in Iowa Territory: I consider it stooping to accept it as a gift.”5

Document Transcript

LATTER-DAY-ISM: NUMBER 3

. . . It is perhaps unnecessary to say that in these numbers it is not our purpose to enter into any controversy with the ‘Mormons’ relevant to their religious belief. It is sufficiently humiliating to be compelled, by a strong sense of duty, to expose their nefarious conduct. Confining ourselves strictly to facts, we shall leave them for others to draw their own inferences. That there may be no misapprehension as to the individuals meant, we shall freely make use of their names, and should injustice be done them, they can resort to their legally remedy, assuring them that if a single statement of ours is denied, we stand prepared to establish its truth by a host of witnesses.

In a previous number we gave a brief history of the ‘Half Breed Reservation,’ and stated that ‘a company of New York gentlemen made extensive purchases of Half Breed claims.’ The same gentlemen, by their agents, were placed in possession of the barracks at Camp Des Moines, on their abandonment by the United States dragoons in June, 1837, and soon after caused a town to be surveyed, to which the name of ‘Montrose’ was given, and the name of the post-office was changed, at the request of the citizens, from ‘Fort Des Moines’ to ‘Montrose.’6

In addition to the numerous difficulties surrounding the ‘Half Breed title,’ an old ‘Spanish claim’ was raked up from the oblivion of a former age, and a patent issued in 1839 to the claimants under it for a tract of land one mile square, including the town site of Montrose.7

The gentlemen in possession, however, having ‘nine points of the law’ in their favor, could, of course, hold the premises against the world, till a final adjudication of the whole matter. This the ‘Spanish claimants’ well knew, and recognized them as being in peaceable possession by instituting suit in our courts, which is still pending.

The parties interested flattered themselves that when their conflicting claims should be settled, all obstacles to the improvement of the place, and its becoming—what, from the beauty of its situation, it was intended for by nature—a large and flourishing town, would be removed; but alas! how vain and delusive are all human hopes and expectations. A third claimant appears in the person of Joe Smith, with a title purporting to be Heaven derived. Early one morning in March last, the quiet citizens of Montrose were surprised by a visit from some of Joe Smith’s scullions from Nauvoo,—who to all appearance had but recently made their escape from a steel trap,—headed by Alanson Ripley, a Mormon Bishop, who says that ‘as to the technical niceties of the law of the land, he does not intend to regard them; that the kingdom spoken of by the prophet Daniel has been set up, and that it is necessary every kingdom should be governed by its own laws.’8 With compass and chain they strided through gates and over fences to the very doors of the ‘Gentiles,’ and drove the stakes for the lots of a city which, in extent at least,—four miles square,—should vie with some of the largest cities of the world. They heeded not enclosures; why should they? is not the earth the Lord’s, and the fulness thereof? and shall not his ‘Saints’—of the Latter Day—inherit and possess it forever?

‘The kingdom spoken of by the prophet Daniel’ having been set up, its ‘laws’ authorized this Mormon Bishop to threaten personal violence to one of the undersigned, for removing a stake which had been driven within the bounds of his enclosure, without his consent and contrary to his wishes, and to hold a club over the head of Mr. A. M. Bissell, while one of his ‘steel trap’ comrades drove a stake within the enclosure of Mr. Bissell, directly before his door, after having been forbidden by him to do so.

A few days subsequently to these occurrences, it was ascertained that the exterior line of this ‘four mile’ town had been run by order of Joe Smith, and a plot of it made and recorded, to which he gave the name of Zarahemla.

And who figures as proprietor of this renowned city? Joe Smith, to be sure, ‘the Agent of Doctor Galland,’—a worthy agent for a worthy principal!

Having sold to his dupes a large portion of the Half Breed tract, a happy thought strikes him that they can yet be ‘bled;’ he orders them by ‘revelation’ to leave their fine farms and move into the ‘city,’ sells them lots and conveys them by deeds. There would be some excuse for these proceedings had they taken place under any color of title, but he had not the shadow of a shade to found a right upon. In this view of the case, was there ever a more barefaced attempt at swindling than this?

On the 6th of April, at a conference held at Nauvoo, a Mormon leader publicly read a pretended ‘revelation’ that the city of Zarahemla should be laid out and built up by the ‘Latter Day Saints!’ Joe Smith then stated that, ‘in accordance with this revelation,’ a city had been surveyed, and the Saints desirous of purchasing lots could now do so. ‘The people over there,’ said he, ‘are very much apposed to it, but they must know—if they know any thing—that it would be for their interest to have 5000 inhabitants come in with back loads of money; why, I sometimes think they don’t know beans when the bag is open; they needn’t be scared; we don’t want their improvements without paying for them; we expect to pay them a good price for their possessions, and if that don’t satisfy them, we’ll have them any how.’9

Are the people of Iowa prepared to submit to such treatment from an Impostor as vile as ever disgraced humanity? Are we to be told that ‘if you choose to sell, we will buy your possessions, if not, we will have them any how’? Is the title to land hereafter to be settled by revelation through Joe Smith? Has the time indeed arrived when ‘the kingdom is to be set up by forcible means if necessary,’ and when the riches of the Gentiles are to be consecrated to the true Israel? Such were the teachings of the leaders of this society in Missouri, and the facts here stated show conclusively that such are their teachings and practices now.

Have we not some reason to believe that their Missouri troubles were not solely for righteousness’ sake, but that they there, as here, disregarded all law, human and divine, and by their conduct brought down upon their own heads the vengeance of an outraged and insulted people? Robbery and theft with them are called ‘consecrating the property of the Gentiles.’ Since the publication of the second number of these articles, we were called from home by business, and during our absence our store was broken open in the early part of the evening of Wednesday, the 6th inst., before the young man who slept in the store retired for the night, and robbed of goods to the amount of between three and four hundred dollars, to wit:

42 pieces dark prints, (entire,)

5 or 6 pieces dark satinets,

1 piece black circassian,

and a considerable quantity of cambric book muslins, jaconet, sarsenet, &c. &c. This stands on our list as robbery No. 14.

The undersigned, however, are not the only sufferers; this our ‘Gentile’ neighbors know by sad experience. The four wheels of a new farm wagon were stolen from the yard of Harman Booth, Esq., a few nights since; and the week previous, all the tools of the blacksmith shop of Mr. S. H. Burtis, with a fine two-horse wagon, were taken.10 It is not a singular fact that the enclosures of the ‘Gentiles,’ and their buildings even, are entered, and property stolen, while the wagons and farming utensils of these ‘Latter Day Saints’ stand exposed in the open street, far from any dwelling, and yet are perfectly secure?

Why is it that those who oppose this swindle are the principal, if not the only, sufferers?

D. W. KILBOURN,
EDWARD KILBOURN

Montrose, Iowa, October 13, 1841.


Notes

1. Nelson Commins Roberts and Samuel W. Moorhead, eds., Story of Lee County, Iowa, 2 vols. (S. J. Clarke, 1914), 1:103–5; Mark Goodmansen, Conspiracy at Carthage: The Plot to Murder Joseph Smith (Cedar Fort, 2016), 120–21, 165–71.

2. “History, 1838–1856, Volume C-1 [2 November 1838–31 July 1842],” 1173, Joseph Smith Papers, Church Historian’s Press, accessed July 22, 2019, https://www.josephsmithpapers.org/paper-summary/history-1838-1856-volume-c-1-2-november-1838-31-july-1842/345.

3. Stanley B. Kimball, “Nauvoo West: The Mormons of the Iowa Shore,” BYU Studies 18, no. 2 (1978): 138.

4. Kimball, “Nauvoo West,” 139, 141.

5. “History, 1838–1856, Volume D-1 [1 August 1842–1 July 1843],” 1519, Joseph Smith Papers, accessed July 22, 2019, https://www.josephsmithpapers.org/paper-summary/history-1838-1856-volume-d-1-1-august-1842-1-july-1843/162.

6. For a brief history of Fort Des Moines, see Roberts and Moorhead, Story of Lee County, Iowa, 1:65–67. For a brief history of the town of Montrose, see Roberts and Moorhead, Story of Lee County, Iowa, 1:103–5.

7. The “Spanish claim” that the Kilbourne brothers are referring to was one further complication to claims on the Half-Breed Tract. In 1795, Louis Honore Tesson had received a land grant, which was about nine square miles of what is now Montrose, from the Spanish government when the area was still part of the Province of Louisiana. After several years of living there, establishing a trading post, and planting an orchard (apple trees which were descended from his orchard reportedly dotted the Montrose countryside for years after), Tesson’s claim to the land was sold to a Joseph Robidoux at a public auction on March 27, 1803, and after Robidoux’s death, the land grant was sold to Thomas F. Riddick at an auction in 1809. In the 1830s, Riddick’s heirs began vying for their claim to the land and went head-to-head with the New York Land Company. On February 7, 1839, President Van Buren issued a patent for 640 acres to the heirs of Thomas Riddick. However, the New York Land Company would not accept this and through the help of lawyers, including Francis Scott Key, they were able to get a decree of partition, and the Half-Breed Tract was partitioned into 101 equal shares. This new decree essentially invalidated previous claims to land on the Half-Breed Tract, except for those which were specified and was ruled valid in October 1841, around this same time. Roberts and Moorhead, Story of Lee County, Iowa, 1:103–5; Goodmansen, Conspiracy at Carthage, 120–21, 165–71.

8. Alanson Ripley had joined the Church in Ohio and participated in the Camp of Israel expedition to Missouri in 1834. He was also both a land surveyor and a lawyer. The Church had made use of his skill as a surveyor in Adam-ondi-Ahman, Missouri, and in Nauvoo, Illinois, so it is not surprising that he was put in charge of surveying the land for Zarahemla as well. It also made sense because Ripley had been appointed the bishop of Iowa Stake in October 1839. However, Ripley moved to Nauvoo within the next couple months to help with surveying, and for a while Elias Smith acted in his place as bishop until Ripley could move back to Iowa. See “Minute Book 2,” 153, Joseph Smith Papers, accessed July 18, 2019, https://www.josephsmithpapers.org/paper-summary/minute-book-2/155; “Journal, March–September 1838,” 42, Joseph Smith Papers, accessed July 18, 2019, https://www.josephsmithpapers.org/paper-summary/journal-march-september-1838/28; “Nauvoo City Council Minute Book, 3 February 1841–8 February 1845,” 15, Joseph Smith Papers, accessed July 18, 2019, https://www.josephsmithpapers.org/paper-summary/nauvoo-city-council-minute-book-3-february-1841-8-february-1845/21; Iowa Stake Minutes, pp. 411, 414, 417–18, 421, 424, 443, 444, 448 herein.

9. On March 20, 1841, Joseph Smith recorded several revelations in response to questions posed to him. One of those was “What is the Will of the Lord concerning the Saints in the Territory of Iowa?” The response was that Saints needed to gather “upon the Land opposite of the City of Nauvoo” and build up a city called “Zarahemla.” This revelation was then read at a Conference in Nauvoo on April 6, 1841. “History, 1838–1856, Volume C-1,” 1173.

10. Harmon Booth was one of the commissioners appointed by Judge Charles Mason on May 8, 1841, after the decree was issued, to help partition the Half-Breed Tract into 101 tracts or shares of land. Roberts and Moorhead, Story of Lee County, Iowa, 1:58. Stephen H. Burtis, one of the early settlers in the area, built a log house about a mile and half below Fort Des Moines in 1834. He was also elected a member of the first board of county commissioners in March of 1838. Roberts and Moorhead, Story of Lee County, Iowa, 1:104.