Joseph speaks very highly of the senators and representatives from Illinois, who rendered him some considerable assistance in getting a hearing before a congressional committee, but he was not favorably impressed with congressmen or their conduct on the whole. He says:
For a general thing there is but little solidity and honorable deportment among those who are sent here to represent the people, but a great deal of pomposity and show. * * * There is such an itching disposition to display their oratory on the most trivial occasions, and so much etiquette, bowing and scraping, twisting and turning, to make a display of their witticism, that it seems to us rather a display of folly and show, more than substance and gravity, such as becomes a great nation like ours. However, there are some exceptions.
After the meeting with the President, a meeting with the Illinois delegation in Congress was arranged, to take into consideration the best means of getting the wrongs of the Saints before Congress. This meeting took place on the sixth of December. A Mr. Robinson of that delegation, whether a member of the House or Senate I do not know, took a stand against the Saints presenting any claims to be liquidated by the United States; but Joseph contended against him, and presented the constitutional rights of the people, and Mr. Robinson promised to reconsider the subject, and at the meeting the next day it was decided that a memorial and petition be drawn in concise form and presented by Judge Young, who had taken a lively interest in the cause of the Saints. At this stage of the proceedings, Joseph and Judge Higbee learned that it was necessary to have more positive testimony on the subject in hand, so that they sent to Nauvoo and a very large number of affidavits were taken and forwarded to Washington to sustain the statements to be presented to Congress.
The petition presented to Congress related the outrages committed against the Saints at considerable length, from the commencement of difficulties in Jackson County, in the autumn of 1833, until their final expulsion from the State in the winter of 1838–9; and made emphatic the infamy of Governor Boggs' exterminating orders, which gave the coloring of authority for the action of the State mob-militia. They said in their statement of wrongs that if given an opportunity they could prove every allegation they made against the State of Missouri. And that "neither the Mormons as a body, nor as individuals of that body, had been guilty of any offense against the laws of Missouri, or of the United States: but their only offense had been their religious opinions."
In conclusion the petition represents that for the wrongs endured—
The Mormons ought to have some redress; yet how and where shall they seek and obtain it?
Your Constitution guarantees to every citizen, even the humblest, the enjoyment of life, liberty and property. It promises to all their religious freedom, the right to worship God beneath their own vine and fig tree, according to their own conscience. It guarantees to all the citizens of the several States the right to become citizens of any one of the States, and to enjoy all the rights and immunities of the citizens of the State of his adoption. Yet of all these rights have the Mormons been deprived. They have, without a cause, without a trial, been deprived of life, liberty and property. They have been persecuted for their religious opinions. They have been driven from the State of Missouri at the point of the bayonet, and prevented from enjoying and exercising the rights of citizens of the State of Missouri. It is the theory of our laws, that for the protection of every legal right, there is a legal remedy. What, then, we would ask, is the remedy for the Mormons? Shall they appeal to the legislature of the State of Missouri for redress? They have done so. They have petitioned, and these petitions have been treated with silence and contempt. Shall they apply to the federal courts? They were, at the time, citizens of the State of Missouri. Shall they apply to the courts of the State of Missouri? Whom shall they sue? The order for their destruction, their extermination, was granted by the executive of the State of Missouri. Is not this a plea of justification for the loss of individuals, done in pursuance of the order? If not, before whom shall the Mormons institute a trial? Shall they summon a jury of the individuals who composed the mob? An appeal to them were in vain. They dare not go to Missouri to institute a suit, their lives would be in danger.
For ourselves we see no redress, unless it be awarded by the Congress of the United States. And we here make our appeal as American citizens, as Christians, and as men—believing the high sense of justice which exists in your honorable bodies, will not allow such oppression to be practiced upon any portion of the citizens of this vast republic with impunity, but that some measure which your wisdom may dictate, may be taken, so that the great body of people who have been thus abused, may have redress for the wrongs which they have suffered.
The statement of wrongs and petition for their redress was introduced into the Senate by Judge Young, and referred to the committee on judiciary of which General Wall was chairman.
At this stage of the proceedings Joseph left Washington and went to Philadelphia, where he labored in the ministry among the Saints; but Judge Elias Higbee was left in Washington to look after the interest of the petitioners before the Senate committee. The subject was held under advisement and discussed occasionally, until the fourth of March, 1840, when the committee reported. That report was of a character to crush forever the hopes of obtaining, at the hands of the general government, any redress for the outrages perpetrated against them in Missouri. The report said that after full examination and consideration, the committee unanimously concurred in the opinion: "That the case presented for their investigation is not such a one as will justify or authorize any interposition of this government."
They stated that the wrongs complained of were not alleged to have been committed by officers of the United States; that the charges were all against the citizens and authorities of the State of Missouri; that the petitioners were citizens or inhabitants of Missouri; that the grievances complained of were committed within the territory of Missouri; and for these reasons the Senate judiciary committee did "not consider themselves justified in inquiring into the truth or falsehood of facts charged in the petition." The committee represented that if the charges were true, then the petitioners must seek redress in the courts of judicature, either of Missouri or of the United States, whichever might have jurisdiction in the case. "Or," said the report, "the petitioners may, if they see proper, apply to the justice and magnanimity of the State of Missouri—an appeal which the committee feel justified in believing will never be made in vain by the injured or oppressed." The report said that it could not be presumed that a State wanted either the power or lacked the disposition to redress the wrongs of its own citizens, committed within its own territory, "whether they proceed from the lawless acts of her officers or any other person."
The report closed by asking the passage of the following resolution:
Resolved, That the committee on the judiciary be discharged from the further consideration of the memorial in this case; and that the memorialists have leave to withdraw the papers which accompany their memorial.
The resolution was passed without dissent, and thus the appeal to Congress for redress of the outrages committed against the Saints by Missouri ended.
At a conference of The Church held in April following, a number of resolutions were adopted, regretting and condemning the action of the Senate judiciary committee, and approving the course pursued by their delegation to Congress, Joseph Smith, Sidney Rigdon and Elias Higbee, and requesting them to continue their exertions to obtain redress for a suffering people as opportunities became more favorable for such efforts, and if at last all hopes of obtaining satisfaction for the injuries done us be entirely blasted, that they then "appeal our case to the Court of Heaven, believing that the Great Jehovah, who rules over the destiny of nations, and who notices the falling sparrows, will undoubtedly redress our wrongs, and ere long avenge us of our adversaries."
Footnotes