| 977 took him with a peace warrant and after three days trial, and investigating the merits of our religion, in the town of Painesville, by able attorneys on both sides, he was bound over to the county court. Thus his influence was pretty much destroyed, and since the trial the spirit of hostility seems to be broken down in a good degree, but how long it will continue so, we cannot say.
You purchased you inheritances with money therefore, behold you are blessed; you have not purchased your lands by the shedding of blood, consequently you do not come under the censure of this commandment, which says "if by blood lo your enemies are upon you, and ye shall be driven from city to city" give yourselves no uneasiness on this account.
Farewell in the bonds of the new covenant, and partakers in tribulation.
(Signed,) ORSON HYDE,
Clerk of the Presidency of the church.
On the evening of the 28th. Brothers, Oliver, Frederick, and myself, being agreed, bowed before the Lord, and united in prayer, that God would continue to deliver me, and my brethren from Doctor Hurlbut, that he may not prevail against us in the law suit that is pending; and also, that God would soften the hearts of E. Smith, J. Jones, Loud, and Lyman, also, Mr. Beardsley, that they might obey the gospel, or, if they would not repent, that the Lord would send faithful saints, to purchase their farms, that this stake may be strengthened, and its borders enlarged, O lord, grant it for Christ's sake: Amen.
February 1st. Every expedient preparation was making by the church in Kirtland, and Clay county to have those who had been driven from their possessions in Jackson county, returned.
Governor Dunklin wrote to the brethren as follows:
"City of Jefferson, Feb. 4, 1834.
Gentlemen:
Your communication of the 6th of December, was regularly received, and duly considered; and had I not expected to have received the evidence brought out on the inquiry ordered into the military conduct of Col. Pitcher, in a short time after I received your petition, I should have replied to it long since.
Last evening I was informed, that the further enquiry [inquiry] of the court was postponed until the 20th instant. Then, before I could hear any thing from this court, the court of civil jurisdiction will hold its session in Jackson county, consequently I cannot receive any thing from one preparatory to arrangement for the other.
I am very sensible indeed, of the injuries your people complain of, and should consider myself very remiss in the discharge of my duties, were I not to do every thing in my power consistent with the legal exercise of them, to afford your society the redress to which they seem entitled. One of your requests needs no evidence to support the right to have it granted; it is that your people be put in possession of their homes from which they have been expelled. But what may be the duty of the Executive after that, will depend upon contingencies.
If upon enquiry [inquiry] it is found that your people were wrongfully dispossessed of their arms, by Col. Pitcher, then an order will be issued to have them returned; and should your men organize according to law, which they have a right to do, (indeed it is their duty to do so, unless exempted by religious scruples,) and apply for public arms, the Executive could not distinguish between their right to have them, and the right of every other description of people similarly situated.
As to the request for keeping up a military force to protect your people and prevent the commission of crimes and injuries, were I to comply, it would transcend the power with which the Executive of this state is clothed.-The Federal Constitution has given to Congress the power to provide for calling forth the militia to execute the laws of the union, suppress insurrection, or repel invasion; and for these purposes, the President of the United States is authorized to make the call upon the executive of the respective states, and the laws of this state empower the "commander-in-chief in case of actual or threatened invasion, insurrection or war, or public danger, or other emergency, to call forth into actual service such portion of the militia as he may deem expedient." These, together with the general provision in our state constitution that "the Governor shall take care that the laws are faithfully executed," are all this branch of Executive powers. None of these, as I consider, embrace the part of your request. The words, "or other emergency" in our militia law seem quite broad, but the emergency to come within the object of that provision, shall be of a public nature.
Your case is certainly a very emergent one, and the consequences as important to your society, as if the war had been waged against the whole state, yet, the public has no other interest in it, that the laws be faithfully executed, thus far, I presume the whole community feel a deep interest, for that which is the case of the Mormons to day, may be the case of the Catholics to-morrow, and after them any other
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