Missouri Executive Order 44 - Aftermath and Rescinding

Aftermath and Rescinding

Although the Extermination Order technically became inoperative with an end to the state of war and the surrender of Mormon leaders at Far West on November 1, it continued to dignify the forced removal of the Mormons by unauthorized citizens and renegade militia units. The Mormons in Caldwell County had been forced, as part of their surrender agreement, to sign over all of their property to pay the expenses of the campaign against them; although this act was later held unlawful, the Mormons were still forcibly ejected from their homes—often at gunpoint—and forced to leave Missouri with only what they could carry. Although Boggs belatedly ordered a militia unit under Colonel Sterling Price (later to achieve fame as a Confederate Civil War general) to northern Missouri to stop ongoing depredations against the Mormons, he refused to repeal Order #44. The Missouri legislature deferred discussion of an appeal by Mormon leaders to rescind the decree, and nearly all Latter Day Saints—more than 10,000 altogether—had been driven from the state by the spring of 1839.

Boggs himself was excoriated in certain portions of the Missouri press, as well as those of neighboring states, for his action in issuing this order. General David Atchison, a prominent non-Mormon legislator and militia general from western Missouri who had refused to take part in operations against the Mormons, demanded that the Legislature formally state its opinion of Boggs' order, for "he would not live in any state, where such authority was given". Although his proposal and similar ones by others went down to defeat, Boggs himself saw his once-promising political career destroyed as a result of the Mormon War (and especially due to his "extermination order"), to the point that by the time the next election came around, even his own party (the Democratic Party) was reluctant to be associated with him. After surviving an assassination attempt in 1842, Boggs ultimately emigrated to California, where he died in relative obscurity in the Napa Valley in 1860.

Boggs' extermination order, long unenforced and forgotten by nearly everyone outside the Latter Day Saint community, was formally rescinded by Governor Christopher S. Bond on June 25, 1976, 137 years after being signed. In late 1975, President Lyman F. Edwards of the Far West stake of the Reorganized Church of Jesus Christ of Latter Day Saints, now known as the Community of Christ, invited Bond to participate in the stake's annual conference as a good-will gesture for the United States Bicentennial. As part of his address at that conference, Bond presented the following Executive Order:

WHEREAS, on October 27, 1838, the Governor of the State of Missouri, Lilburn W. Boggs, signed an order calling for the extermination or expulsion of Mormons from the State of Missouri; and

WHEREAS, 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

WHEREAS, in this bicentennial year as we reflect on our nation's heritage, the exercise of religious freedom is without question one of the basic tenets of our free democratic republic;

Now, THEREFORE, I, CHRISTOPHER S. BOND, Governor of the State of Missouri, by virtue of the authority vested in me by the Constitution and the laws of the State of Missouri, do hereby order as follows:

Expressing on behalf of all Missourians our deep regret for the injustice and undue suffering which was caused by the 1838 order, I hereby rescind Executive Order Number 44, dated October 27, 1838, issued by Governor W. Boggs.

In witness I have hereunto set my hand and caused to be affixed the great seal of the State of Missouri, in the city of Jefferson, on this 25 day of June, 1976.

(Signed) Christopher S. Bond, Governor.

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