"Then it is their constitutional right to arm themselves"

Letter from Daniel Dunklin, Governor of the State of Missouri, to Colonel J. Thornton,

City of Jefferson, June 6, 1834.

   Dear Sir—I was pleased at the receipt of your letter, concurred in by Messrs. Reese, Atchison and Doniphan, on the subject of the Mormon difficulties. I should be gratified indeed if the parties could compromise upon the terms you suggest, or, indeed, upon any other terms satisfactory to themselves. But I should travel out of the line of strict duty, as chief executive officer of the government, were I to take upon myself the task of effecting a compromise between the parties. Had I not supposed it possible, yes, probable, that I should, as executive of the state, have to act, I should, before now, have interfered individually in the way you suggest, or in some other way, in order if possible to effect a compromise. Uncommitted as I am to either party, I shall feel no embarrassment in doing my duty—though it may be done with the most extreme regret. My duty in the relation which I now stand to the parties, is plain and straightforward. By an official interposition I might embarrass my course, and urge a measure for the purpose of effecting a compromise, and [if] it should fail, and in the end, should I feel it my duty to act contrary to the advice I had given, it might be said, that I either advised wrong, or that I was partial to one side or the other, in giving advice that I would not as an officer follow.

   A more clear and indisputable right does not exist, than that of the Mormon people, who were expelled from their homes in Jackson county, to return and live on their lands; and if they cannot be persuaded, as a matter of policy, to give up that right, or to qualify it, my course, as the chief executive of the state, is a plain one. The constitution of the United States declares "that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." Then we cannot interdict any people, who have a political franchise in the United States, from immigrating to this state, nor from choosing what part of the state they will settle in, provided they do not trespass on the property or rights of others. Our state constitution declares that the people's "right to bear arms, in defense of themselves and of the state, cannot be questioned." Then it is their constitutional right to arm themselves. Indeed, our military law makes it the duty of every man, not exempted by law, between the ages of eighteen and forty-five, to arm himself with a musket, rifle, or some firelock, with a certain quantity of ammunition, etc.; and again, our constitution says, "that all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences."

   I am fully persuaded that the eccentricity of the religious opinions and practices of the Mormons is at the bottom of the outrages committed against them. They have the right constitutionally guaranteed to them, and it is indefeasible, to worship Joe Smith as a man, an angel, or even as the only true and living God, and to call their habitation Zion, the Holy Land, or even heaven itself. Indeed, there is nothing so absurd or ridiculous that they have not a right to adopt as their religion, so that in its exercise they do not interfere with the rights of others.

   It is not long since an impostor assumed the character of Jesus Christ and attempted to minister as such; but I never heard of any combination to deprive him of his rights.

   I consider it the duty of every good citizen of Jackson county and the adjoining counties to exert himself to effect a compromise of these difficulties; and were I assured that I would not have to act in my official capacity in the affair, I would visit the parties in person and exert myself to the utmost to settle it. My first advice would be to the Mormons, to sell out their lands in Jackson county, and to settle somewhere else, where they could live in peace, if they could get a fair price for them, and reasonable damages for injuries received. If this failed, I would try the citizens, and advise them to meet and rescind their illegal resolves of last summer, and agree to confirm to the laws in every particular, in respect to the Mormons. If both these failed, I would then advice the plan you have suggested, for each party to take separate territory, and confine their members within their respective limits with the exception of the public right of ingress and egress upon the highway. If all these failed, then the simple question of legal right would have to settle it. It is this last that I am afraid I shall have to conform my action to in the end, and hence the necessity of keeping myself in the best situation to do my duty impartially.

   Rumor says that both parties are preparing themselves with cannon. That would be illegal: it is not necessary to self-defense, as guaranteed by the constitution, and as there are no artillery companies organized in this state, nor field pieces provided by the public, any preparation of that kind will be considered as without right, and, in the present state of things, would be understood to be with criminal intent, I am told that the people of Jackson county expect assistance from the adjoining counties, to oppose the Mormons in taking or keeping possession of their lands. I should regret it extremely if any should be so imprudent as to do so; it would give a different aspect to the affair.

   The citizens of Jackson county have a right to arm themselves and parade for military duty in their own county independent of the commander-in-chief; but if citizens march there in arms from other counties without order from the commander-in-chief or some one authorized by him, it would produce a very different state of things. Indeed, the Mormons have no right to march to Jackson county in arms, unless by order or permission of the commander-in-chief; men must not "levy war" in taking possession of their rights, any more than others should in opposing them in taking possession.

   As you have manifested a deep interest in a peaceable compromise of this important affair, I presume you will not be unwilling to be placed in a situation in which, perhaps, you can be more serviceable to these parties. I have therefore taken the liberty of appointing you an aid to the commander-in-chief, and I hope it will be agreeable to you to accept. In this situation you can give your propositions all the influence they would have were they to emanate from the executive, without committing yourself or the commander-in-chief, in the event of failure. I should be glad if you, or some of the other gentlemen who joined you in your communication, would keep in close correspondence with these parties, and by each mail write to me.

   The character of the state has been injured in consequence of this unfortunate affair; and I sincerely hope it may not be disgraced by it in the end;

With high respect, your obedient servant,

(Signed) Daniel Dunklin.

[TIMES AND SEASONS VOLUME VI PHOTOMECHANICAL REPRINT OF THE ORIGINAL EDITION. ORDER FROM MODERN MICROFILM CO. Box 1884 Salt Lake City, Utah BOOK STORE 1350 South West Temple]