Keith Mack
The law to kill all Mormons, officially known as the Extermination Order (Missouri Executive Order 44), was issued by Missouri Governor Lilburn W. Boggs on October 27, 1838, during a period of intense conflict between Mormon settlers and non-Mormon residents in Missouri. The order declared that the Mormons must be treated as enemies and must be exterminated or driven from the state if necessary for public peace. This extreme measure was a culmination of tensions over land, religion, and political power. While the order was never formally repealed, it was effectively nullified in the aftermath of the conflict, as the Mormons were expelled from Missouri and eventually resettled in Illinois. The order remains a dark chapter in American religious and legal history, reflecting the persecution faced by the Latter Day Saint movement in its early years.
| Characteristics | Values |
|---|---|
| Law in Question | Extermination Order (Missouri Executive Order 44) |
| Issued By | Missouri Governor Lilburn W. Boggs |
| Date Issued | October 27, 1838 |
| Purpose | To authorize the expulsion or extermination of Mormons from Missouri |
| Context | Mormon-Missouri conflicts, including the 1838 Mormon War |
| Repealed By | Missouri Governor Christopher S. Bond |
| Date Repealed | June 25, 1976 |
| Reason for Repeal | Recognized as a stain on Missouri's history and incompatible with modern values |
| Historical Significance | Symbol of religious persecution and state-sanctioned violence against Mormons |
| Current Status | Officially repealed and no longer in effect |
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What You'll Learn
1838 Extermination Order
The 1838 Extermination Order, officially known as Missouri Executive Order 44, stands as a chilling example of state-sanctioned religious persecution in American history. Issued by Missouri Governor Lilburn W. Boggs on October 27, 1838, the order declared that Mormons were "enemies [who] must be exterminated or driven from the state if necessary for the public peace." This decree was the culmination of years of escalating tensions between Mormon settlers and their non-Mormon neighbors in Missouri, fueled by religious, economic, and political differences. The order authorized the state militia to use lethal force against Mormons, effectively legalizing their expulsion or annihilation.
Analyzing the context of the Extermination Order reveals a complex interplay of factors. The Mormons, led by Joseph Smith, had begun settling in Missouri in the early 1830s, establishing communities like Far West and Adam-ondi-Ahman. Their rapid growth, unique religious practices, and economic success bred resentment among local residents. Accusations of political dominance, land disputes, and rumors of Mormon insubordination further strained relations. The final straw came during the 1838 Mormon War, a series of skirmishes between Mormon and non-Mormon militias. Governor Boggs, under pressure to restore order, issued the Extermination Order as a drastic measure to quell what he perceived as a Mormon insurrection.
From a legal and ethical standpoint, the Extermination Order represents a gross violation of constitutional rights. It blatantly disregarded the First Amendment's guarantee of religious freedom and the Fifth Amendment's protection against deprivation of life, liberty, or property without due process. Despite its extreme nature, the order was enforced with vigor, leading to the expulsion of thousands of Mormons from Missouri during the winter of 1838–1839. Many fled to Illinois, where they founded the city of Nauvoo. The order was not formally rescinded until 1976, when Missouri Governor Kit Bond issued an executive order condemning it as a "dark chapter" in the state's history.
Comparatively, the 1838 Extermination Order shares parallels with other instances of religious persecution in history, such as the expulsion of Jews from Spain in 1492 or the Armenian Genocide of 1915. However, its uniqueness lies in its explicit language of extermination and its issuance by a state government within the United States. This distinction underscores the fragility of religious freedom even in a nation founded on principles of liberty and equality. The order serves as a cautionary tale about the dangers of unchecked prejudice and the importance of safeguarding minority rights.
Practically, understanding the Extermination Order offers valuable lessons for modern society. It highlights the need for vigilance against religious intolerance and the importance of fostering dialogue between diverse communities. Educators, policymakers, and citizens can draw from this history to promote empathy, challenge stereotypes, and advocate for policies that protect religious minorities. By studying the 1838 Extermination Order, we not only honor the suffering of those it targeted but also equip ourselves to prevent such atrocities in the future.
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Missouri Executive Order Context
The Missouri Executive Order 44, issued in 1838 by Governor Lilburn Boggs, remains a stark reminder of the persecution faced by the Mormon community in the 19th century. This order, often referred to as the "Extermination Order," declared that Mormons were "enemies" of the state and authorized their expulsion or extermination. Understanding the context of this order requires examining the escalating tensions between Mormon settlers and their Missouri neighbors, fueled by religious, economic, and political differences.
The Spark of Conflict: The roots of the conflict trace back to the early 1830s when Mormon settlers, led by Joseph Smith, began establishing communities in western Missouri. Their rapid growth, unique religious practices, and economic success bred resentment among non-Mormon residents. Accusations of land speculation, political dominance, and religious fanaticism fueled a hostile environment. The final straw came during the 1838 elections, when a physical altercation at the polls in Gallatin escalated into the "Gallatin Election Day Battle," marking a turning point in the conflict.
Escalation and Violence: Following the Gallatin incident, rumors and misinformation spread rapidly, exacerbating tensions. Non-Mormon vigilantes attacked Mormon settlements, leading to retaliatory strikes. The situation spiraled into open warfare, culminating in the Battle of Crooked River in October 1838. This clash, though brief, resulted in several casualties and further inflamed anti-Mormon sentiment. Governor Boggs, facing pressure from constituents and fearing a full-scale insurrection, issued Executive Order 44 on October 27, 1838.
The Order's Impact: Executive Order 44 was a drastic and unprecedented measure. It declared that Mormons "must be treated as enemies, and must be exterminated or driven from the state if necessary for the public peace." This order empowered state militia to carry out its provisions, leading to widespread violence, looting, and the forced expulsion of thousands of Mormons. The town of Far West, a major Mormon settlement, was besieged, and its leaders, including Joseph Smith, were arrested. The order's harsh language and its enforcement had devastating consequences, leaving the Mormon community traumatized and displaced.
Repeal and Legacy: The extreme nature of Executive Order 44 drew national attention and criticism. Facing mounting pressure, Governor Boggs eventually softened his stance, and the order was largely ignored by state officials after 1839. However, it was not formally repealed until 1976, when Missouri Governor Kit Bond issued an executive order rescinding it. This belated repeal symbolized a recognition of the order's injustice and its place in the dark chapter of Missouri's history. The legacy of Executive Order 44 serves as a cautionary tale about the dangers of religious intolerance and the abuse of governmental power. It also highlights the resilience of the Mormon community, which, despite immense suffering, persevered and eventually established a thriving settlement in Utah.
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Repeal in 1976
The year 1976 marked a pivotal moment in the legal and social history of the United States, particularly for the Church of Jesus Christ of Latter-day Saints, commonly known as the Mormons. It was the year when a long-standing and deeply troubling law, which had authorized the extermination of Mormons, was officially repealed. This law, rooted in the 19th-century Missouri Executive Order 44 (also known as the "Extermination Order"), had lingered in the state’s legal code for over a century, despite being widely regarded as unenforceable and unconstitutional. The repeal in 1976 was not merely a symbolic gesture but a necessary step to formally erase a stain on the state’s history and affirm its commitment to religious freedom.
To understand the significance of this repeal, consider the historical context. In 1838, Missouri Governor Lilburn Boggs issued the Extermination Order, declaring that Mormons were "enemies" of the state and authorizing their expulsion or extermination. While the order was never fully enforced and was later disavowed by the state, it remained on the books as a dormant yet chilling reminder of religious persecution. For generations, this law stood as a legal relic, a ghost of past intolerance. The repeal in 1976 was a deliberate act of legislative housekeeping, ensuring that no such mandate could ever be invoked again, even in theory.
The process of repeal was not without its challenges. It required advocacy from both Mormon leaders and non-Mormon allies who recognized the importance of removing such a hateful provision from state law. The effort gained momentum in the 1970s, a decade marked by broader movements for civil rights and religious equality. By formally striking the order from the books, Missouri sent a clear message: religious persecution, in any form, would not be tolerated. This act also served as a model for other states to examine their own legal codes for outdated or discriminatory laws.
Practically speaking, the repeal had no immediate legal impact, as the order had long been considered null and void. However, its symbolic value cannot be overstated. For Mormons, it was a long-overdue acknowledgment of their place as equal citizens under the law. For the state, it was a step toward reconciliation and a reaffirmation of its commitment to constitutional principles. The repeal also served as a historical lesson, reminding future generations of the dangers of state-sanctioned religious intolerance and the importance of vigilance in protecting minority rights.
In conclusion, the repeal of the Extermination Order in 1976 was a critical moment in both Mormon history and American jurisprudence. It closed a dark chapter in Missouri’s past and ensured that such a law could never again be used to justify violence or discrimination. While the order had been functionally dead for decades, its formal removal was a necessary act of justice and a testament to the enduring struggle for religious freedom. This event serves as a reminder that laws, even when unenforced, carry weight—and their repeal can be a powerful step toward healing and progress.
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Legal and Moral Implications
The 1838 Missouri Executive Order 44, often referred to as the "Extermination Order," declared that Mormons "must be treated as enemies and must be exterminated or driven from the state." This chilling decree, issued by Governor Lilburn Boggs, raises profound legal and moral questions about state-sanctioned violence and religious persecution. While the order was formally rescinded in 1976, its legacy underscores the tension between governmental authority and individual rights, particularly in cases of minority groups.
Legally, the Extermination Order exemplifies the dangerous overreach of state power. It violated fundamental principles of due process, equal protection, and religious freedom enshrined in the U.S. Constitution. The order’s broad language effectively criminalized an entire religious group without trial, setting a precedent for collective punishment that echoes in modern debates about profiling and discrimination. Its eventual repeal in 1976, though symbolic, highlights the importance of judicial and legislative checks on executive authority. This historical example serves as a cautionary tale for lawmakers: laws targeting specific groups, regardless of perceived justification, erode the rule of law and undermine societal trust.
Morally, the order exposes the dehumanizing consequences of religious and cultural intolerance. By labeling Mormons as "enemies," the state legitimized violence against them, fostering an environment where mob attacks and expulsions became commonplace. This raises ethical questions about the role of government in protecting minorities versus inciting harm. The order’s moral failure lies not only in its content but in its silence on the inherent dignity of those it targeted. Modern societies must grapple with this legacy by actively promoting inclusivity and challenging narratives that demonize marginalized communities.
Comparatively, the Extermination Order shares parallels with other historical instances of state-sponsored persecution, such as the treatment of Native Americans or Japanese internment during World War II. Each case reveals a pattern: when governments frame groups as existential threats, the line between law enforcement and human rights violations blurs. However, the Mormon experience also offers a unique lens—unlike other persecuted groups, Mormons eventually achieved political and social integration, partly through strategic engagement with legal systems. This suggests that resilience, coupled with legal advocacy, can mitigate the impact of oppressive laws.
Practically, understanding this history equips individuals and policymakers to recognize contemporary threats to religious and minority rights. For instance, laws targeting specific faiths or ethnicities under the guise of national security should be scrutinized for echoes of the Extermination Order. Advocacy groups can use this historical precedent to challenge discriminatory policies, emphasizing the long-term damage of state-sanctioned bias. Educators, too, play a role by incorporating such examples into curricula, fostering critical thinking about justice and equality. The Extermination Order’s legacy is a reminder that legal systems must prioritize protection over prejudice, ensuring no group is ever again marked for extermination.
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Historical Impact on Mormons
The Missouri Executive Order 44, often referred to as the "Extermination Order," was a chilling decree issued by Missouri Governor Lilburn W. Boggs on October 27, 1838. This order authorized the state militia to treat Mormons as enemies and "exterminate or drive them from the state." The order was a culmination of years of escalating tensions between Mormon settlers and their non-Mormon neighbors, fueled by religious differences, economic competition, and political mistrust. While the order was officially rescinded in 1976, its historical impact on Mormons was profound and far-reaching, shaping their identity, migration patterns, and relationship with the broader American society.
Analytically, the Extermination Order serves as a stark example of state-sanctioned religious persecution in American history. It forced Mormons to flee Missouri, seeking refuge in Illinois, where they established Nauvoo. However, the trauma of the order lingered, fostering a sense of resilience and unity within the Mormon community. This collective memory of persecution became a cornerstone of Mormon identity, reinforcing their belief in divine providence and the necessity of self-reliance. The order also highlighted the fragility of religious freedom in a young nation, prompting Mormons to prioritize legal and political advocacy to protect their rights in the future.
Instructively, understanding the Extermination Order offers valuable lessons for addressing modern religious conflicts. It underscores the dangers of allowing misinformation and prejudice to escalate into violence. Communities and policymakers can mitigate such risks by fostering interfaith dialogue, promoting education about minority religions, and enforcing anti-discrimination laws. For Mormons, the order serves as a reminder to engage proactively with their neighbors, build alliances, and document instances of discrimination to prevent history from repeating itself.
Persuasively, the legacy of the Extermination Order should compel society to confront its own biases and protect the rights of religious minorities. While the order was formally repealed, its echoes persist in occasional acts of intolerance toward Mormons and other faith groups. By acknowledging this dark chapter, Americans can recommit to the principles of religious liberty and equality enshrined in the Constitution. For Mormons, this means continuing to share their story, not as victims, but as survivors who have thrived despite adversity, inspiring others to stand against injustice.
Comparatively, the Mormon experience under the Extermination Order parallels other instances of religious persecution in history, such as the expulsion of Jews from Spain in 1492 or the treatment of Huguenots in France. Each case demonstrates how state-sponsored violence can uproot communities, yet also galvanize them to preserve their faith and culture. Unlike some persecuted groups, however, Mormons eventually found a permanent home in Utah, where they established a thriving society. This unique outcome underscores the importance of finding safe havens and the resilience required to rebuild after displacement.
Descriptively, the immediate aftermath of the Extermination Order was marked by chaos and suffering. Families were separated, homes were destroyed, and lives were lost. Mormons endured harsh winters, illness, and poverty as they fled Missouri. Yet, amidst this hardship, acts of solidarity and faith emerged. Leaders like Joseph Smith provided spiritual guidance, while ordinary members supported one another through shared resources and prayers. This period of exile became a crucible that tested and strengthened their commitment to their beliefs, ultimately shaping the Mormon Church into a global faith with a deep sense of purpose and perseverance.
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Frequently asked questions
There was never a federal law in the United States specifically targeting Mormons for extermination. However, the Extermination Order (Missouri Executive Order 44) was issued by Missouri Governor Lilburn W. Boggs on October 27, 1838, which called for the "extermination" or expulsion of Mormons from the state. This order was officially rescinded on October 25, 1976, by Missouri Governor Kit Bond.
The Extermination Order was issued during a period of intense conflict known as the Mormon War in Missouri. Tensions arose due to religious, political, and economic differences between Mormons and non-Mormon settlers. The order was a response to escalating violence, including the Battle of Crooked River and accusations of Mormon insurrection, though historians debate the accuracy of these claims.
The Extermination Order was enforced to some extent, leading to the expulsion of Mormons from Missouri and the confiscation of their property. Many Mormons fled to Illinois, where they established the city of Nauvoo. The order was widely criticized as unconstitutional and was formally rescinded in 1976, over 130 years after its issuance, as a symbolic gesture of reconciliation.
