| 273 TIMES AND SEASONS.
"Truth will prevail."
Vol. IV. No. 18.] CITY OF NAUVOO, ILL. AUGUST 1, 1843. [Whole No. 78.
When such affidavit is made to any one of the judges or all of them, it is the duty of him or them, before whom such affidavit is made, to issue an order to the sheriff of the county, to make requisition upon the commanding officer of the militia of said county, to have immediately put under military order such a portion of the militia under his command as may be necessary for the defence [defense] of the citizens of said county.
In this way the militia of any county may be called out at any time deemed necessary by the county judges, independently of any other civil authority of the State.
In case that the militia of the county is insufficient to quell the rioters, and secure the citizens against the invaders, then recourse can be had to the judge of the circuit court, who has the same power over the militia of his judicial district, as the county judges have over the militia of the county. And in case of insufficiency in the militia of the judicial district of the circuit judge, recourse can be had to the governor of the state, and all the militia of the state called out, and if this should fail, then the governor can call on the President of the United States, and all the forces of the nation be put under arms.
I have given this expose of the internal regulations of the affairs of Missouri, in order that the court may clearly understand what I have before said on this subject, and what I may hereafter say on it.
It was in view of this order of things that General Doniphan, who is a lawyer of some celebrity in Missouri, gave the recommendation he did at Far West, when passing into Davies county with his troops, for the defence [defense] of the citizens of said county. It was in consequence of this, that he said, that those of Caldwell county which went into Davies county, should go in small parties, and unarmed, in which condition they were not subject to any arrest from any authority whatever.
In obedience to these recommendations the militia of Caldwell county was called out; affidavit having been made to one of the judges of the county, setting forth the danger which it was believed the citizens were in, from a large marauding party assembled under the command of one Cornelius Gillum, on a stream called Grindstone. When affidavit was made to this effect, the judge issued his order to the sheriff of the county, and the sheriff to the commanding officer, who was Colonel G. M. Hinkle, and thus were the militia of the county of Caldwell put under military orders.
General Doniphan however, instead of going into Davies county, soon after he left Far West returned back to Clay county with all his troops, giving as his reason, the mutinous character of his troops; which he said would join the mob, he believed, instead of acting against them, and that he had not power to restrain them.
In a day or two afterwards, General Parks of Ray county, also came to Far West, and said that he had sent on a number of troops to Davies county to act in concert with General Doniphan. He also made the same complaint concerning his troops, that Doniphan had, doubting greatly whether they would render any service to those in Davies who were threatened with violence by the mobs assembling; but on hearing that Doniphan, instead of going to Davies county had returned to Clay, followed his example and ordered his troops back to Ray county, and thus were the citizens of Caldwell county and those of Davies county, who were marked out as victims by the mob, left to defend themselves the best way they could.
What I have here stated in relation to Generals Doniphan and Parks, were conversations had between myself and them, about which I cannot be mistaken, unless my memory has betrayed me.
The militia of the county of Caldwell were now all under requisition, armed and equipped according to law. The mob after all the authorities of the State had been recalled, except the force of Caldwell county, commenced the work of destruction in earnest; showing a determination to accomplish their object. Far West, where I resided, which was the shire town of Caldwell county, was placed under the charge of a captain by the name of Killian, who made my house his head quarters; other portions of the troops were distributed in different places in the county, wherever danger was apprehended. In consequence of Captain Killians' making my house his head quarters, I was put in possession of all that was going on, as all intelligence in relation to the operations of the mob was communicated to him. Intelligence was received daily of depredations being committed not only against the property of the citizens, but other persons; many of whom when attending to their business, would be surprised, and taken by marauding parties, tied up and
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