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Missouri Executive Order 44

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Edit Talk Links Missouri Executive Order 44 also known as The "Extermination Order" (alt. Exterminating Order) in Latter Day Saint history was an executive order issued on October 27, 1838 by Missouri governor Lilburn Boggs. The order was in response to what Boggs termed "open and avowed defiance of the laws, and of having made war upon the people of this State ... the Mormons must be treated as enemies, and must be exterminated or driven from the State if necessary for the public peace—their outrages are beyond all description." The order was not formally rescinded until 1976.

The law made it legal to kill anyone who belonged to The Church of Jesus Christ of Latter-day Saints in the state of Missouri. At least 60 Mormons were killed and dozens of women and girls raped, and countless others died from exposure in 1838 under the executive order and resulting forced evacuation from the state (See History of the Church Volume III, preface).

Photo of original document in possession of the Missouri State Historical Society

Background for Order

Accusations from both Mormon and anti-Mormon parties and repeated conflicts prompted the state to forcibly relocate Mormons from Jackson County, Missouri north to areas which had not been previously settled. The extermination order came on the heels of the Battle of Crooked River, a skirmish between state militia who had taken Mormon hostages and a small group from the Mormon militia, which was also recognized by Missouri at the time. The brief battle claimed casualties of 4 men, including 1 state militia and 3 Mormon militia. Sworn statements and word of the battle convinced Boggs that the Mormons were warring against the State and should be removed altogether.

Results

The order directly preceded the Haun's Mill Massacre, which occurred three days later. This mob killing of 17 Mormon men and boys underscored the seriousness of the threat.

Mormons were arrested and forced to gather to the town of Far West, Missouri by a state militia organized in early 1838 by Governor Boggs to deal with the "Indian uprising" in the Western reserves of Missouri, although there are no records of an uprising in recorded history. Church leaders were tried under a military tribunal, convicted of high treason to the state of Missouri for membership in the church and sentenced to death. General Alexander W. Doniphan refused to carry out the order of death given by his superiors stating it was illegal and "cold-blooded murder," as he felt that Mormon leaders should not be tried by a tribunal [1] [2].

In exchange for the return of raped women and teenage girls, and under the agreement not to kill more Mormons, militia members forced Mormon property holders to sign over property deeds and ordered to leave the state in October and November 1838. Church members crossed a frozen Missouri River to seek refuge in Quincy, Illinois. During the exodus to Illinois, more women were raped, older Mormons died from exposure and more Mormon men were killed by mobs.

About two dozen church leaders, including Latter Day Saint prophet Joseph Smith Jr. faced capital punishment and were sent to Prison at Richmond, Missouri and later the Liberty Jail. During a transfer to another prison, Smith was allowed to escape with help from sympathetic guards. Smith and the other Mormons resettled in Nauvoo, Illinois beginning in 1839.

Governor Boggs survived an assassination attempt, despite buckshot wounds to his head and neck. Porter Rockwell, an associate of Joseph Smith, was arrested for the crime, but was later released without indictment after having spent months in jail. His alleged involvement in the assassination attempt is one reason Missouri dispatched bounty hunters to (unsuccessfully) bring Joseph Smith back to Missouri. Modern historians discount Rockwell's involvement, pointing instead to rivalry in the political arena. Monte B. McLaws, in the Missouri Historical Review, determined that while there was no clear finger pointing to anyone, Governor Boggs was running for election against several violent men, all capable of the deed. Rockwell himself treated the accusation as an insult, saying "I never shot at anything in my life!" and implying that if he had been out to kill Boggs, he would have been successful.

The Extermination Order remained active, though likely legally invalid, until it was rescinded by Governor Christopher S. Bond on June 25, 1976, 137 years after being signed. In late 1975, RLDS (now Community of Christ) Far West, Missouri Stake President Lyman F. Edwards invited Governor Bond to participate in the RLDS annual stake conference in 1976. In his address at that conference, Bond presented an Executive Order which noted that "...Governor Boggs' order clearly contravened the rights to life, liberty, property and religious freedom as guaranteed by the Constitution of the United States, as well as the Constitution of the State of Missouri; and ... (that) the exercise of religious freedom is without question one of the basic tenets of our free democratic republic". He also expressed regret for the "...injustice and undue suffering which was caused by the 1838 order."

References

  • Hartley, William G. (2001). "Missouri's 1838 Extermination Order and the Mormons' Forced Removal to Illinois". Mormon Historical Studies. 2 (1): 5–27.

See also

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