this post was submitted on 27 Mar 2026
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Today I Learned

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Missouri Executive Order 44 (eat your heart out, George) was signed by Lilburn Boggs on October 23, 1838, and ordered that Mormons in the state be "exterminated" or exiled. This destroyed Boggs' political career, but the order wasn't formally rescinded until 1976 as a goodwill gesture by Governor Kit Bond. Zombie laws and orders are a hell of a drug that I imagine keep lawyers up at night.

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[–] teft@piefed.social 10 points 1 day ago (1 children)

Murder is illegal federally. So no.

[–] TheTechnician27@lemmy.world 11 points 1 day ago* (last edited 1 day ago) (2 children)

That's not likely why they wouldn't walk away. Murder is illegal federally, but that'll only come into play if e.g. they crossed state lines in perpetrating the murder.

In all likelihood, the person would be tried in Missouri's courts – charged with first-degree murder. No judge or jury is going to buy that they actually, in good faith, believed it was their duty to enforce an obscure, long-neglected, controversial executive order from 1838 which directed the military (and not the general public) to exterminate Mormons in the state. If they seriously did (and their lawyer would have to show some very robust evidence), they might get the exceedingly rare insanity plea and go to a psychiatric institution instead. Or, if they were somehow that plain stupid, there's always ignorance of the law not being an excuse; their intent was still to kill somebody in cold blood. But otherwise, raising this issue as if it's a loophole is going to piss off the judge and/or make them way less sympathetic to the jury – and possibly even solidify premeditation which first-degree murder requires.

[–] finallymadeanaccount@lemmy.world 2 points 15 hours ago (1 children)

So the law would kind of be fighting itself? One old, obscure law says do it, the more commonsense law says don't. But both are legal.

[–] TheTechnician27@lemmy.world 2 points 5 hours ago* (last edited 5 hours ago)

But both are legal.

Well no, not at all. Please read the order itself (bottom of the linked Wikipedia article). It's specifically ordering the state's militia to do this. And it's not even a generic order to the militia; it directs specific, named officers to raise X number of troops under their command for the extermination. The governor is vesting this authority in specific people who died long, long ago. By 1976, the order wouldn't have been actionable by anybody even as written (let alone by actual legal standards under which anyone would definitely be convicted); rescinding it was purely a ceremonial act of goodwill.

It definitely still would not hold water if it were telling citizens (or even generic militia members) they could freely kill Mormons, but it's not even that murky. The loophole not only doesn't exist in practice, but it doesn't exist even in writing.

[–] MML@sh.itjust.works 3 points 1 day ago

Not familiar with Mormons I guess.