<March 4> justified in enquiring into the truth or falsehood of the facts charged in the petition.
If they are true, the Petitioners must seek relief in the Courts of Judicature of the State of , or of the , which has the appropriate jurisdiction to administer full and adequate redress for the wrongs complained of, and doubtless will do so fairly and impartially; or the petitioners may, if they see proper, apply to the justice and magnanimity of the State of — an appeal which the Committee feel justified in believing will never be made in vain by the injured or oppressed. It can never be presumed that a State either wants the power, or lacks the disposition to redress the wrongs of its own Citizens, committed within her own territory, whether they proceed from the lawless acts of her officers or any other persons. The Committee therefore report that they recommend 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 Memorial<ists> have leave to withdraw the papers which accompany their memorial.”
5 March 1840 • Thursday
<5> Thursday 5
“ I.T. March the 5th. 1840 I Daniel Avery do hereby certify that the following scenes transpired in the State of to my personal knowledge, first in the year 1838, some time in the fall, I was called on by the Martial law of the State of to aid and assist to rescue women and children from the hands of a Mob, from the Waters of , whose husbands and fathers had been driven off, we found the house invested by the Mob, some of whom, were in the house threatning the lives of the women and children, if they did not leave their property and effects immediately and follow their husbands and fathers; one family lost a child while in this situation, for the want of care, the women being compelled by these Monsters to provide and cook them food, this company of mob was commanded by James Weldin.
I also saw about seventy families driven from by a Mob commanded by , I helped to bury one woman the first night, who had been confined in Child bed a night or two before, and could not endure the sufferings. The next scene I saw, I was peaceably travelling the road, a man by the name of was shot dead at my feet, we advanced a little further when two men were killed and several wounded. I afterwards learned that this Gang of Mobbers was commanded by . in consequence of being pursued out of the , by this lawless mob. I was not an eye witness to the many thousand wicked acts committed by the Governor’s exterminating Militia— Daniel Avery”— Sworn to, before J.P.
6 March 1840 • Friday
<6> Attended the meeting of the High Council of , at brother ’s , Extracts from the Minutes of the Council.
“President Joseph Smith Junr. addressed the Council on various subjects, and in particular, the Consecration law; stating that the affair now before Congress, was the only [p. 1025]