The Mormon Prophet and His Harem / Or, An Authentic History of Brigham Young, His Numerous Wives and Children

by C. V. Waite

CONTENTS.

CHAPTER I.
EARLY HISTORY OF BRIGHAM YOUNG.
PAGE
The Birth and Parentage of Brigham Young.—His Brothers and Sisters.—He embraces Mormonism, and becomes a Leader.—Is appointed President of the Twelve, and finally placed at the Head of the Church, to succeed Joseph Smith.—Establishes the Mormons in Salt-Lake Valley.	[1]
CHAPTER II.
POLITICAL.
Brigham as Governor of Utah and Superintendent of Indian Affairs.—Formation of the State of Deseret.—Proceedings of the Utah Legislature.—Brigham's Proclamations.—Difficulties with the Federal Officers.—Proceedings of the First Judges.	[11]
CHAPTER III.
POLITICAL HISTORY CONTINUED.
Colonel Steptoe and Brigham Young.—Brigham reappointed Governor.—John F. Kinney.—Western Utah, or Nevada.—Letter of Hon. James M. Crane.—Judge Stiles and the Records.—W. W. Drummond.	[26]
CHAPTER IV.
POLITICAL HISTORY CONTINUED.—THE MORMON WAR.
Report of the Secretary of War.—Proclamation of Governor Brigham Young, declaring Martial Law.—Correspondence.—Sermons of Young and Kimball.—Proclamation of Governor Cumming.—His Echo Canyon Adventures.—Col. Kane.—The Mormons leave Salt Lake.—Commissioners appointed by the President.—Peace restored.	[40]
CHAPTER V.
POLITICAL HISTORY CONTINUED.
The Mountain Meadow Massacre, and other Crimes of the Mormons.—Attempts to bring the Perpetrators to Justice.—Doings of Judge Cradlebaugh.—Governor Cumming and the Military Officers.—Judge Sinclair's Court.—Governor Dawson and his Misfortunes.—New Governor and Associate Justices appointed.	[60]
CHAPTER VI.
POLITICAL HISTORY CONTINUED.
Arrival of the New Federal Officers, in July, 1862.—Colonel Connor arrives with his Command.—The Message of Governor Harding.—The Mormons Indignant.—The Legislature refuse to print the Message.—Action of the United States Senate thereon.—Forgery in the Mormon Legislature.—Bill of Judge Waite to amend the Organic Act.—Indignation Meeting.—Governor Harding and Judges Waite and Drake requested to leave the Territory.—Their Replies.—Brigham.—The Federal Officers.	[78]
CHAPTER VII.
BRIGHAM AS PRESIDENT OF THE CHURCH.
Organization of the Mormon Church.—Functions of the various Officers.—The Two Priesthoods.—Mode of treating Dissenters or "Apostates."—Divisions in the Church.—The Gladdenites.—History of the Morrisites.—The Josephites.—Return to the True Mormon Church.	[114]
CHAPTER VIII.
BRIGHAM AS TRUSTEE IN TRUST FOR THE CHURCH.
Nature of the Trusteeship.—The Tithing System.—Brigham's Private Speculations.—The Emigration Fund.—The Hand-Cart Company.	[132]
CHAPTER IX.
BRIGHAM AS PROPHET, SEER, AND REVELATOR.
Brigham's Position as Head of the Church.—Mormon Theology.—Brigham's Theology, or Utah Mormonism.—Adam as God.—Brigham Young as God.—Human Sacrifice.—Introduction of Polygamy.—Polygamy no part of the Original Mormon Religion.—The Revelation, or Celestial Marriage.—The Ceremony of Sealing.—Consequences and Incidents of the Doctrine.—Incest.—Summary of the Mormon Religion.	[153]
CHAPTER X.
BRIGHAM AS LORD OF THE HAREM.
Brigham's Block.—The Lion House.—The Tithing-House.—The Bee-Hive House, Office, etc.—Description of the Harem.—Plan, Rooms, etc., of each Floor, and who occupies the same.—Life at the Harem.—Brigham at Home.	[177]
CHAPTER XI.
THE WIVES OF BRIGHAM YOUNG.
Mary Ann Angell Young, the first wife.—Her Family.—Lucy Decker Seely, the first wife in Plurality.—More of "My Women": Clara Decker, Harriet Cook, Lucy Bigelow, Twiss, Martha Bowker, Harriet Barney, Eliza Burgess, Ellen Rockwood, Susan Snively, Jemima Angell, Margaret Alley, Margaret Pierce, Mrs. Hampton, Mary Bigelow, Emeline Free, or the Light of the Harem.—Proxy Women: Miss Eliza Roxy Snow, Zina D. Huntington, Amelia Partridge, Mrs. Cobb, Mrs. Smith, Clara Chase, the Maniac.—Amelia, the last love.—The Prophet in love the Thirtieth Time.	[191]
CHAPTER XII.
POLYGAMY.
Condition of Woman among various Heathen Nations.—Influence of Christianity.—Mormonism and Woman.—Brigham offers to set the Women Free.—Arguments in Favor of Polygamy.—The Argument against it.—Abraham and Sarah.—Appeal to Mormon Women.—Their Unhappy Condition.—Evil Effects of the System.—Illustrations.	[215]
CHAPTER XIII.
THE ENDOWMENT.
A Mormon Drama.	[244]
CHAPTER XIV.
BRIGHAM AS GRAND ARCHEE OF THE ORDER OF THE GODS.
Organization of the Order of the Archees.—The Grand Archees.—The Archees.—The Danites.—Organization of Brigham's Celestial Kingdom.—Doctrine of Adoption.—Case of Dr. Sprague.—Description of Leading Danites: Bill Hickman, Porter Rockwell, Robert T. Burton.—Affidavits.	[261]
CHAPTER XV.
RECENT EVENTS.—CONCLUSION.
Personal Appearance and Character of Brigham Young.—His Aims and Purposes.—Solution of the Mormon Question.—New Complications.—Military Reviews of Mormons.—Governor Durkee.—Counteracting Influences.—The Mines and Miners.—Rev. Norman McLeod.—The "Salt Lake Vedette."—Administration of General Connor.—Murder of Brassfield.—Order of Young for the Expulsion of the Gentiles.—Order for the Murder of Eighty Men.—Difficulties concerning the Public Lands.—Murder of Dr. Robinson.—The Gentiles flee in Terror.—The Government fails to protect its Officers and Citizens.—The Hero of Three Wars of the Republic hunted through the Territory.—Rev. Mr. McLeod warned not to return to Utah.—The Reign of Terror commenced.—The Gentiles call for Help.	[273]

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THE MORMON PROPHET

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CHAPTER I.
EARLY HISTORY OF BRIGHAM YOUNG.

The Birth and Parentage of Brigham Young.—His Brothers and Sisters.—He embraces Mormonism, and becomes a Leader.—Is appointed President of the Twelve, and finally placed at the Head of the Church to succeed Joseph Smith.—Establishes the Mormons in Salt Lake Valley.

Brigham Young was born at Whitingham, Windham County, Vermont, June 1, 1801. A short sketch of the family of this noted adventurer may not be uninteresting. The following extract is from his autobiography:—

"My grandfather, John Young, was a physician and surgeon in the French and Indian war.

"My father, John Young, was born March 7, 1763, in Hopkinton, Middlesex County, Massachusetts. He was very circumspect, exemplary and religious, and was, from an early period of his life, a member of the Methodist Church. At the age of sixteen he enlisted in the American Revolutionary War, and served under General Washington; he was in three campaigns in his own native State, and in New Jersey. In the year 1785 he married Nabby Howe, daughter of Phineas and Susannah, whose maiden name was Goddard.

"In January, 1801, he moved from Hopkinton to Whitingham, Windham County, Vermont, where he remained for three years, opening new farms.

"He moved from Vermont to Sherburn, Chenango County, New York, in 1804, where he followed farming, enduring many hardships and privations, incidental to new settlements.

"My father's family consisted of five sons and six daughters, viz.:—

"Nancy, born in Hopkinton, Middlesex County, Massachusetts, August 6, 1786.

"Fanny, born in the same place, November 8, 1787.

"Rhoda, born in Platauva District, New York, September 10, 1789.

"John, born in Hopkinton, Middlesex County, Massachusetts, May 22, 1791.

"Nabby, born in same place, April 23, 1793.

"Susannah, born in same place, June 7, 1795.

"Joseph, born in the same place, April 7, 1797.

"Phineas Howe, born in same place, February 16, 1799.

"Brigham, born in Whitingham, Windham County, Vermont, June 1, 1801.

"Louisa, born in Sherburn, Chenango County, New York, September 25, 1804.

"Lorenzo Dow, born in same place, October 19, 1807."

It is worthy of remark, that all of Brigham's family became Mormons. His father, John Young, was constituted first patriarch of the church, and died at Quincy, Illinois, October 12, 1839. His brothers are all at Salt Lake, and are the devoted followers and satellites of the Prophet.

Through the plurality system, the Youngs have formed connections so numerous, that almost half the people at Salt Lake are in some way related to the ruling dynasty. This is striking evidence of Brigham's ingenuity in consolidating and perpetuating his power.

His early life was that of a farmer's son, but he afterwards acquired the trade of a painter and glazier, which he followed until his conversion to Mormonism. In 1832, being then thirty-one years of age, he heard and embraced this new religion. He was convinced by Samuel H. Smith, brother to the prophet Joseph, and was baptized by Eleazer Miller, now living at Salt Lake.

Brigham "gathered" with the saints, at Kirtland, Ohio, and soon became intimate with Joseph Smith. He was

ordained an elder, and began preaching. His shrewdness, and almost intuitive knowledge of character, soon attracted the attention of his brethren, and gave him influence and position in this weak and despised church. They recognized in him a man born to rule and lead the masses. They were attracted by his strong, electrical will; and from that time his power in the church has been undisputed.

In 1835, on the 14th of February, at Kirtland, Brigham Young was ordained one of the newly-organized quorum of the Twelve Apostles. Armed with his new power, and fired with a zeal worthy of a better cause, he went forth, and preached and proselyted with marked success.

Thomas B. Marsh having apostatized, Brigham was chosen to succeed him, as President of the Twelve Apostles, in 1836.

Then came the dark days of Mormonism. Many of the prominent men of the church apostatized. The saints were driven from Kirtland. Smith fled to save his life; Brigham accompanied him, and after many hair-breadth escapes, many trials and hardships, they again planted a new colony, and settled in Far West, Missouri.

But the saints were destined again to endure persecution for their faith. In a few years they were driven from Missouri, seeking a home this time in Illinois. During all this time Brigham stood firm, counselling and directing his brethren, and, like the rock amid the storms, gathering fresh power of resistance as the waves of persecution increased in fury.

In 1839 he was appointed, with others, to "open up the gospel" to the inhabitants of the British Isles. They landed at Liverpool on the 6th of April, 1840, and immediately commenced preaching. Brigham superintended affairs, issued an edition of the "Book of Mormon," and commenced the publication of the "Millennial Star," a periodical still living. In 1841 he sailed for New York, having shipped seven hundred and sixty-nine of the faithful, and leaving many churches, with organizations completed.

Brigham was cordially received by Smith, and the saints generally, who appreciated and acknowledged his services, and it was evident that his influence and fame were rapidly increasing.

In 1844 the whole aspect of affairs was changed. Smith was shot, Nauvoo threatened by a mob, and the Twelve Apostles scattered. Sidney Rigdon assumed the Presidency, he being Smith's first counsellor. Divisions were numerous, and the church was in imminent danger of falling into hopeless ruin.

Brigham, with true Napoleonic foresight, saw his opportunity, and was not slow to improve it. He came hurriedly to Nauvoo, denounced Rigdon as an impostor and his revelations as emanations from the Devil, cut off both him and his adherents from the true church, cursed Rigdon, and "handed him over to the buffetings of Satan for a thousand years," and was himself elected President by an overwhelming majority.

This exhibition of energy silenced all opposition. Those who did not love, feared him; and all suffered themselves to be led, because they dared not resist, a man so determined to rule.

Thus much accomplished, and visions of future power and aggrandizement, perchance of temporal sovereignty, floated through the brain of this modern Mohammed. He dreamed of the kingly robe and the jewelled crown in some far-off valley of the Rocky Mountains, where gentiles or their laws could not annoy the saints, or hinder the normal development of Mormonism. How and in what manner these dreams came so near fulfilment, will be seen as the reader peruses these pages.

But he did not lose sight of the present in these glowing visions of the future. He completed the Temple, the Mansion-House was in a forward state, Nauvoo was increasing rapidly, and with it his power and popularity.

Brigham, however, with his usual foresight, saw the storm arising. The saints were again to be driven. So he

hurried the people through their endowments, bound them to him by oaths which made them shudder to recall, and still, by an art equal to that of Loyola, so inwound himself in their affections that they loved and reverenced him the more. He aroused their deepest hatred toward the "gentiles;" wrought upon their pride, ambition, and revenge, until they were ready to do and dare anything for their religion and their leader. When his power was thus fully established, he revealed to them "the will of the Lord concerning them." They must leave their beautiful Nauvoo, their sacred temple, their altars and their homes, and follow him as the Moses of the new dispensation, and he would find for them a Canaan, a land flowing with milk and honey, where the gentiles should never come. This was a trial of their faith. Should they yield to the temptation, and, hankering after the flesh-pots of Egypt, lose their birthright? They wept, they hesitated, but the strong will and iron nerve of Brigham conquered, and they obeyed.

In February, 1846, they crossed the Mississippi on the ice, and leaving home, property, and kindred, they took up their line of march for the land of the setting sun. As the long trains rolled by, Brigham comforted, counselled, and blessed the weeping emigrants. He told them of the land where they should worship "under their own vine and fig-tree, with none to molest or make them afraid." Alas for their fainting hearts! Little did they suspect that the cruel ambition of their God-man would lead them to a land as barren as the Desert of Sahara, and as devoid of vegetation as the Rock of Gibraltar.

They established themselves in winter-quarters at Kanesville, now Council Bluffs, Iowa. Here new difficulties arose. The church was poor, and means were needed to supply the current necessities, as well as to defray the expense of the journey to their new Zion. Various schemes were resorted to for the purpose of "raising the wind." A band of Danites was sent out to steal cattle and horses, and convey them

beyond the jurisdiction of the State authorities. Others were detailed to make and circulate counterfeit money. While these little speculations were progressing, Brigham was trying his hand at diplomacy. He is reported to have sent James C. Little to Washington, to request the privilege of raising a battalion of Mormons for the Mexican war.

This movement was prompted by several considerations. First, it was thought necessary for the safety of the church that they should make a show of patriotism; secondly, these soldiers would draw pay from the government, which Brigham could appropriate; and thirdly, they were to be discharged in Mexico, where, at that time, he designed to found his theocratic monarchy. It has been asserted by some persons that Brigham received $20,000 from the government, as a bonus, for raising the battalion; but I find no evidence to substantiate this assertion. The following affidavit will show in what manner he was benefited by this transaction:—

"Territory of Utah, Great Salt Lake City.

"Alexander McCord says that he was mustered into the U. S. service in the Mormon Battalion, August 16th, 1846. That an advance of $42.50 was issued by the government per man, ostensibly for the purpose of clothing the command, making a total to the battalion of $22,500. That this amount was received by Parley P. Pratt, and forwarded by him to Brigham Young, who proffered to apply the same for the benefit of the families of the battalion, who were in a state of destitution. That he, Brigham, informed them he would send to St Louis, purchase goods, and deal them out for the benefit of said families at wholesale prices. Also made a covenant with them, calling upon God and angels to witness the same. That he would transport their families to them in Mexico, now California, even if he had to leave his own family behind; also would provide houses for them. That in his public address to the battalion, in relation to this subject, he strongly urged the advantages that would accrue to his church by their compliance with this requisition, making it entirely a matter of self-interest, with the sole view of accomplishing certain private

ends; and not in anywise appealing to their loyalty, or setting forth the necessity of rendering assistance to the parent government.

"That he did not fulfil the promises he had made. Some few articles were served out to their families at enormous rates,—his (McCord's) wife having to take sole-leather, for which she had no use. That when their wives appealed to him, expecting in good faith to receive according to promise, he laughed, mimicked, and made fun of them on the public stand; showing how they cried and whined. On the arrival of the money at Council Bluffs, some of the women, being entirely destitute, desired their husbands' share, and some cried for the want of it. Young ridiculed them, and told them if they insisted upon having the money, they must not look to him for support or protection; thus compelling them to accept of his terms.

"Two agents, John D. Lee and Major Egan, followed the battalion to Santa Fe, and there received a draft on Leavenworth, for the first month and a half's pay, with the understanding from the soldiers it was to be paid to their families. The authorities of the church drew the amount, and then took out the tithing for themselves, one tenth.

"One of the inducements held out by the government, was to discharge them, with their arms in Mexico, which was done. When he (McCord) arrived in Utah, October, 1847, he found his family not here, and was prevented by the church authorities from going after them; and was not permitted to leave until January following. When he reached his family at Winter Quarters, Missouri, he found no preparations made for their being forwarded to Utah, and there were none made afterwards.

(Signed,) Alexander McCord.

"Territory of Utah, ss.

"Alexander McCord, being duly sworn, says that the facts set forth in the foregoing statement by him subscribed, of his own knowledge, are true, and those set forth upon information and belief he verily believes to be true.

(Signed,) Alexander McCord."

"Subscribed and sworn to before me, this 4th day of May, 1864.

"Thomas J. Drake,

"Associate Justice U. S. Sup. Court, Utah."

By this operation, Brigham must have realized the neat little sum of $10,000. This enabled him to fit out an expedition to explore the country west of the Rocky Mountains. Accordingly, in the spring of 1847, with one hundred and forty-three of his tried adherents, he made the journey to Salt Lake, where they arrived July 24, 1847. A colony was at once established, and a part of the number left to commence farming operations. Brigham, with the remainder, returned to "Winter Quarters." Here he found the people on the point of starvation, while fevers and the cholera were rapidly thinning their ranks. Brigham at once commenced alleviating their suffering, and in the excess of their gratitude, these poor deluded creatures did not see that he was the cause of all their misery.

Young was now ready to enact another scene in this Mormon drama. He was ruling the church in the capacity of President of the Twelve Apostles. He desired greater power; he wished to occupy the place of the Prophet of the Lord. This was the more difficult, as the people venerated the memory of Joseph Smith, sanctified as it was by the remembrance of his cruel and untimely death. Brigham knew well the extent of this feeling, and that it would be impossible to supplant Joseph in their affections, and extremely difficult to occupy his position. But his plans demanded that he should be in form what he was in fact,—the absolute head of the church. He resolved to execute a brilliant coup d'état, and risk the consequences.

On the morning of the 24th of December, 1847, he ascended the pulpit to preach; and with that power of mimicry and imitation for which he is so remarkable, aided, doubtless, by works of art to enable him to represent the features and personnel of Smith, he so completely assumed the tone and manner, and presented the appearance of Joseph, that the congregation believed that their dead prophet stood before them. The effect was electrical. Women screamed and fainted; strong men wept; the delusion was complete. "The

mantle of Joseph had fallen upon Brigham;" he was henceforth their Prophet, Seer, and Revelator, the rightful successor to the Presidency. One old brother told me that he really believed that Joseph was present in the flesh, so strong was the personal resemblance at the time. As soon as the tumult subsided, the people elected Brigham "President of the Church of Jesus Christ of Latter Day Saints in all the world." He appointed Heber C. Kimball and Willard Richards as his counsellors. These three constituted the "First Presidency." This action was subsequently confirmed, at a conference held April 6, 1848, at the same place. Brigham was now the nominal as well as the real leader of this strange community.

A greater trial demanded his forethought. The whole church was to be removed over a thousand miles, through an almost unknown country, full of dangers and difficulties.

The following account of the manner in which this difficult undertaking was executed, is from the pen of John Hyde, Jr.:—

"Some ability is required to efficiently remove bodies of armed troops over such new and pioneering obstacles: well supplied, equipped, and mounted, it takes a commander's skill; but here were poor, unprovided, feeble men, women, and children, shaking with ague, pale with suffering, hollow and gaunt with recent hunger. Without strife, without discord, almost without a murmur, this heterogeneous mass moved off. Many groaned with anguish, but none with complaint. Brigham's energy inspired them all; his genius controlled them all. Marking their road with their gravestones, they arrived at Salt Lake Valley, destitute and feeble, in 1848. The desert to which they had come was as cheerless as their past history. From cruel foes they had fled to as unfeeling a wilderness. Renewed difficulties demanded a renewed effort from Brigham. Everything depended on him. Starvation and nakedness stared in the gloomy faces of the desponding people. Murmurs and complaints were uttered. He quelled everything; scolded, plead, threatened, prophesied, and subdued them. With a restless but resistless energy he set them to work, and worked himself as their example. He directed their labors, controlled

their domestic affairs, preached at them, to them, for them. He told foolish anecdotes to make them laugh, encouraged their dancing to make them merry, got up theatrical performances to distract their minds, and made them work hard, certain of rendering them contented by-and-by. Feared with a stronger fear, venerated with a more rational veneration, but not loved with the same clinging tenderness that the people still felt for Joseph Smith, Brigham swayed them at his will. They learned to dread his iron hand, and were daunted by his iron heart."[10:A]

While he was thus consolidating his power, laying plans for the foundation of a monarchy more despotic than that of Austria, important changes were going on in the political condition of the country. Mexico was conquered, and much of its territory, including Utah, was annexed to the United States, and the Mormons thus again brought within the jurisdiction of the Federal Government.

From this era in Mormon affairs Brigham appears in so many different characters that his history can only be fully written by considering him in his various rôles,—as "Governor of Utah and Superintendent of Indian Affairs;" "President of the Church, Prophet, Seer, and Revelator;" "Trustee in Trust for the Church;" "President of the Emigration Company;" "Lord of the Harem;" "Eloheim, or Head God;" and "Grand Archee of the Order of the Gods."

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FOOTNOTES:

[10:A] Mormonism; its Leaders and Designs, by John Hyde, Jr. New York: W. P. Fetridge & Co. 1857. Page 144.

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CHAPTER II.
POLITICAL.

Brigham as Governor of Utah and Superintendent of Indian Affairs.—Formation of the State of Deseret.—Proceedings of the Utah Legislature.—Brigham's Proclamations.—Difficulties with the Federal Officers.—Proceedings of the first Judges.

By the treaty of Guadalupe Hidalgo, concluded between the United States and Mexico in 1848, the country now embraced in the Territory of Utah was transferred from the jurisdiction of the latter to that of the former, and on the 9th of September, 1850, Congress passed an Act to organize the Territory of Utah.

The Mormons arrived in the Salt Lake Valley on the 24th of July, 1847, while the Territory yet belonged to Mexico. When the peace between the United States and Mexico was concluded, the Mormons were left without a government. They took advantage of this opportunity to set up an independent government.

Early in 1849 they met in convention to frame a constitution for "the State of Deseret." The following is an abstract of the minutes of that convention:—

On the 15th of March, 1849, the convention appointed the following persons a committee to draft a constitution for the State of Deseret, to wit: Albert Carrington, Joseph L. Heywood, William W. Phelps, David Fullmer, John S. Fullmer, Charles C. Rich, John Taylor, Parley P. Pratt, John M. Bernheisel, and Erastus Snow.

March 18, 1849, Albert Carrington, chairman of the committee, reported the following constitution, which was read,

and unanimously adopted by the convention: [The preamble only is here given.]

"Constitution of the State of Deseret.

"Whereas a large number of the citizens of the United States, before and since the treaty of peace with the Republic of Mexico, emigrated to and settled in that portion of the territory of the United States lying west of the Rocky Mountains, and in the great interior basin of Upper California; and whereas, by reason of said treaty, all civil organization originating from the Republic of Mexico became abrogated; and whereas the Congress of the United States has failed to provide a form of civil government for the territory so acquired, or any portion thereof; and whereas civil government and law are necessary for the security, peace, and prosperity of society; and whereas it is a fundamental principle in all republican governments that all political power is inherent in the people, and governments instituted for their protection, security, and benefit, should emanate from the same:

"Therefore your committee beg leave to recommend the adoption of the following Constitution, until the Congress of the United States shall otherwise provide for the government of the Territory hereinafter named and described, by admitting us into the Union.

"We, the people, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuance of those blessings, do ordain and establish a free and Independent Government, by the name of the State of Deseret; including all the territory of the United States within the following boundaries, to wit:" [Here follow the boundaries of the proposed new State.]

It will be noticed by the phraseology of the foregoing preamble that this government was to be "free and independent," and was intended to remain such until the new State, thus constituted, should be admitted into the Union. In other words, they intended, through the machinery of this independent State, to harass and annoy the government, and the gentiles, until the "saints" could force themselves into the Union upon their own terms. This theory is fully sustained by the subsequent history of this inchoate State. The very

first steps taken were independent of, and in hostility to, the officers appointed by the Government of the United States, as will more fully appear in the following pages.

The formation of this government for the State of Deseret was the first effort to throw off the yoke of the Federal Government,—an effort which has been persistently persevered in to the present time.

There never has been a time since Brigham Young crossed the Rocky Mountains, when he has honestly entertained the idea of being a good and loyal citizen of the United States.

The following were the first officers of this infant monarchy:—

• Governor, Brigham Young.
• Lieutenant-Governor, Heber C. Kimball.
• Chief Justice, Daniel H. Wells.

The Assembly met, and after listening to the Governor's Message, proceeded to frame a code of laws. This pseudo State government remained in force until the 22d of September, 1851, when the Territorial Legislature convened.

In the mean time Brigham, having been appointed Governor of the newly organized Territory, and Superintendent of Indian Affairs, and seeing a fair prospect of lining his pockets from the treasury of the United States, concluded to forego for a time his ambitious projects, and consented that the new "State" should be merged into a United States Territory.

The federal officers were appointed during the session of 1850-51, but owing to the difficulty of transportation, did not arrive until July, 1851. Young, who had been appointed Governor, had, on the 3d of February, 1851, taken the oath of office before Wells, Chief Justice of Deseret.

The first session of the Territorial Legislature was convened, in pursuance of the proclamation of the Governor, on the 22d day of September, 1851, and continued by adjournment from time to time, until the 18th day of February, 1852. This was succeeded by a special session, called by

proclamation of the Governor, commencing the following day, and continuing until the 6th day of March, 1852. What there was in the political condition of this community, subjected as they were, in almost all the relations of life, to a complete and comprehensive system of religious government, to require a continuous session of the Territorial Legislature for nearly six months, has never yet been explained.

The following is extracted from the published proceedings of the first Legislative Assembly:—

"Representatives' Hall, Tuesday, Sept 23, 1852.

"10 o'clock, A. M. Both houses of the Legislative Assembly met in joint session, according to previous arrangement. The President of the Council in the chair.

"The committee appointed to that duty appeared, escorting his Excellency Brigham Young, Governor of Utah Territory, who was seated immediately in front of the Speaker's chair.

"The joint committee appointed to wait upon the Judges of the Supreme Court, and the Secretary of the Territory, appeared, escorting the Hon. Z. Snow [Mormon], one of said Judges. They reported that they had visited the Hon. Perry E. Brochus, and Mr. Secretary Harris. But the answer returned by them was so vague and indefinite that they did not know whether they would respond to the invitation or not. The committee also reported that they did not see the Hon. Judge Brandenburg. The United States District Attorney, Seth M. Blair, Esq., [Mormon,] was also seated within the bar."

The hostility to the federal officers had already been so openly and offensively manifested, that the respect which these gentlemen owed to themselves and the government and people whom they represented, would not permit them to be present at the first meeting of the Legislative Assembly. It will be noticed that one of them was not seen at all, and the reply of the other two was not even reported!

"The House was called to order by the President of the Council, who then informed his Excellency the Governor, that the two Houses were now ready to receive any communication he might be pleased to make."

The Governor then presented his Message, as follows:—

"Fellow-citizens of the Council and House of Representatives of Utah Territory:—

"Having called you from your various avocations to convene in general assembly at an earlier day, and upon shorter notice than may appear desirable, I will proceed without delay to lay before you the chief reason for so doing, as well as such other suggestions as to me shall appear necessary and proper, and as shall occur to my mind." . . .

"Through the munificence of the General Government, we have extended unto us increased facilities for spending our time for the public weal; for, however much the honest pride of gratuitous public service may flatter its humble recipient, yet whilst it impoverishes all but his honorable name and his country's cause, his anxieties will scarcely be lulled, his daily supplies but rarely replenished."

He again addressed them, January 5, 1852:—

". . The enjoyment of a free and independent people can be accomplished only through this principle: produce what you consume. Draw from the native elements the necessaries of life; permit no vitiated taste to lead you into expensive luxuries, which can only be obtained by involving yourselves in debt. Let home industry produce every article of home consumption." . .

This Legislature, besides passing a code of laws for the government of the Territory, sent some twenty memorials to Congress, most of them calling for appropriations of public money, and divided up the canyons, ferries, pasture-lands, woodlands, water privileges, and, in fact, all the most valuable portion of the public domain, among prominent "saints," giving always to Brigham the "lion's" share. To this he was entitled by his recognized appellation of "the Lion of the Lord."

To this day he holds, by virtue of an Act of the Legislature, the most valuable canyon, near Salt Lake, called City Creek, or Brigham's Canyon,—having taken actual possession of the same, by fencing in the mouth of the canyon

completely, and thus preventing all ingress or egress, except upon the payment of toll. General Connor, upon his arrival in Utah, in the fall of 1862, was justly indignant to find himself fenced out from one of the national thoroughfares, but thought it prudent not to add to the causes of irritation by interfering.

During this session Brigham issued eight proclamations. The following is the most celebrated of these State Papers:—

"Territory of Utah.

"A Proclamation for a Day of Praise and Thanksgiving.

"It having pleased the Father of all good to make known his mind and will to the children of men in these last days, and through the administration of his angels to restore the holy priesthood unto the sons of Adam, by which the gospel of his Son has been proclaimed, and the ordinances of life and salvation are administered; and through which medium the Holy Ghost has been communicated to believing, willing, and honest minds; causing faith, wisdom, and intelligence to spring up in the hearts of men, and influencing them to flow together, from the four quarters of the earth, to a land of peace and health, rich in mineral and vegetable resources, reserved of old in the councils of eternity for the purposes to which it is now appropriated; a land choice above all other lands; far removed from the strife, contentions, divisions, moral and physical commotions, that are disturbing the peace of the nations and kingdoms of the earth,—

"I, Brigham Young, Governor of the Territory aforesaid, in response to the time-honored custom of our fathers at Plymouth Rock, by the governors of the several States and Territories, and with a heart filled with humiliation and gratitude to the Fountain of all good, for his multiplied munificence to his children, have felt desirous to, and do, proclaim Thursday, the 1st day of January, eighteen hundred and fifty-two, a Day of Praise and Thanksgiving, for the citizens of this our peaceful Territory, in honor of the God of Abraham, who has preserved his children amid all the vicissitudes they have been called to pass; for his tender mercies in preserving the nation undivided in which we live; for causing the gospel of his kingdom to spread and take root upon the earth, beyond the power of men and demons to destroy; and that he

has promised a day of universal joy and rejoicing to all the inhabitants who shall remain when the earth shall have been purified by fire, and rest in peace.

"And I recommend to all good citizens of Utah, that they abstain from everything which is calculated to mar or grieve the Spirit of their Heavenly Father on that day; that they rise early in the morning of the first day of the new year, and wash their bodies with pure water; that all men attend to their flocks and herds with carefulness, and see that no creature in their charge is hungry, thirsty, or cold; while the women are preparing the best of food for their households, and their children ready to receive it in cleanliness and cheerfulness; then let the head of each family with his family, bow down upon his knees before the God of Israel, and acknowledge all his sins, and the sins of his household; call upon the Father, in the name of Jesus, for every blessing that he desires for himself, his kindred, the Israel of God, the universe of man; praying with full purpose of heart and united faith that the union of the United States may be preserved inviolate, against all the devices of wicked men, until truth shall reign triumphant, and the glory of Jehovah shall fill the earth. Then, in the name of Jesus, ask the Father to bless your food; and when you have filled the plates of your household, partake with them with rejoicing and thanksgiving; and if you feel to make merry in your hearts, sing a song of thanksgiving; and lift up your hearts continually, in peace and acknowledgment of the unbounded mercies you are momentarily receiving.

"I also request of all good and peaceful citizens, that they abstain from all evil thinking, speaking, and acting, on that day; that no one be offended by his neighbor; that all jars and discords cease; that neighborhood broils may be unknown; that tattlers and strife may not be remembered; that evil surmising may be forgotten; that all may learn the truth, and have no need of priests to teach them; that all may be well, and have no need of doctors; that all may cease their quarrels, and starve the lawyers; that all may do as they would be done unto, so that perfect love, which casteth out all fear, may reign triumphant, and there shall be nothing to disturb the quiet of an infant in all the Territory of Utah; that there be no contention in the land; and that the same peace may extend its influence to the utmost bounds of the everlasting hills, and from thence to the habitation of every man

and beast, to the ends of the earth; till the leopard shall lie down with the kid, the lion shall eat straw like the ox, and the babe shall lay his hand upon the cockatrice's den, and find peace to its soul.

"I further request, that when the day has been spent in doing good, in dealing your bread, your butter, your beef and your pork, your turkeys, your molasses, and the choicest of all the products of the valleys of the mountains, at your command, to the poor; that you end the day in the same order, and on the same principle that you commenced it; that you eat your supper with singleness of heart, as unto the Lord, after praise and thanksgiving, and songs of rejoicing; remembering that you cannot be filled with the Holy Spirit, and be preparing for celestial glory, while the meanest menial under your charge or control is in want of the smallest thing which God has given you power to supply; remembering that it is dependent on you for its comforts, as you are dependent on your God for your constant support.

"Retire to your beds early, that you may be refreshed, and rise early again, and so continue, until times and seasons are changed; or finally, I say unto you, let the same process be continued from day to day, until you arrive unto one of the days of Kolob, [where a day is 1000 of our years,] the planet nearest to the habitation of the Eternal Father; and if you do not find peace and rest to your souls by that time, in the practice of these things, and no one else shall present himself to offer you better counsel, I will be there, and knowing more, will tell you what you ought to do next.

[SEAL.]

"Done at the Executive Office, Great Salt Lake City. In witness whereof, I have hereunto set my hand and caused the seal of the Territory to be affixed, this 19th day of December, A. D. 1851, and of the Independence of the United States the seventy-sixth.

"By the Governor,

BRIGHAM YOUNG.

"W. Richards, Sec. pro tem., appointed by the Governor."

Amidst the verbosity of this singular document will be seen expressions of attachment to the Federal Union. The sincerity of these professions must be judged of in the light of his contemporaneous acts. The officers appointed by the

General Government were then in the States, or at Washington, representing truly the condition of things in Utah, and the conduct of Brigham and his associates, which effectually obliged them to leave the Territory, by rendering their presence in Utah not only useless but dangerous. It is for our readers to say how much weight is to be given to that portion of the fulmination of the Prophet put forth under such circumstances.

At this first session of the Legislature, Brigham proceeded to give, in his Message, his views in relation to African slavery, fully indorsing it, and prescribing regulations for its establishment in the Territory. His views upon this subject may be gathered from the following extract:—

"Thus while servitude may and should exist, and that too upon those who are naturally designed to occupy the position of servant of servants, yet we should not fall into the other extreme, and make them as beasts of the field, regarding not the humanity that is in the colored race; nor elevating them, as some seem disposed, to an equality with those whom nature and nature's God has indicated to be their masters, their superiors."

In accordance with the foregoing suggestions, the Legislature passed a law regulating slavery in the Territory, and it has existed in full force and effect to the present time. There are now a considerable number of African slaves in the Territory, and a large number of Indians, "held to service."

During the same session, the Legislature memorialized the President, setting forth that the federal officers had abandoned the Territory; reciting the formation of the provisional government of Deseret, and complaining that "all the authorities of the Territory, including the governor and both houses of the Assembly, and marshal, had been set at naught as exercising their functions illegally and unconstitutionally."

The causes which led to this petition were as follows:—

When the Territory was organized, in the winter of 1850-51, the following named officers were appointed:—Brigham Young, Governor; Lemuel C. Brandenburg, Chief Justice;

Perry E. Brochus and Zerubbabel Snow, Associate Justices; Seth M. Blair, Attorney General, and B. D. Harris, Secretary. These officers did not arrive in Utah until July, 1851. Previous to their arrival, Brigham Young had issued a proclamation ordering an election for delegate to Congress and members of the Legislature, and providing for taking the census.

The Secretary considered that Young had exceeded his authority, and on this ground refused to pay over the moneys in his hands for the expenses of the Legislature.

The Supreme Court being then in session, Harris applied to the court for an injunction to stay the proceedings of the Legislature, which the court granted. This order, however, was nugatory, as the court had no power to enforce its judgments. This, of course, enraged the Mormons; and the Governor instructed Blair, the District Attorney, who was a Mormon, to sue out a writ of injunction upon the Secretary, to prevent him from taking the money out of the Territory. The court decided against the injunction, thus again sustaining the Secretary.

Again, Congress had appropriated $20,000 for the erection of suitable buildings at the capital of the Territory. Brigham and his tools, the members of the Legislature, attempted to appropriate this money, and in exchange, palm off upon the government, for $20,000, a building which never cost over $8,000.

These circumstances engendered much feeling between the Mormons and the gentile officers; and this was in nowise lessened by an incident which occurred about this time.

Hon. Perry E. Brochus, one of the Supreme Judges, in some remarks made in a Mormon assembly, commented rather severely upon the peculiar institution. He commenced by addressing the women upon the subject of spiritual wife-ism; pointing out to them its wickedness and the unhappy results that must follow to them and to their children, if the practice should be persisted in. He said it was

against the laws of man and God. This was undoubtedly the first time, at Salt Lake, that a gentile had ever spoken in public against Mormon institutions.

The women were excited; the most of them were in tears, before he had spoken many minutes. The men were astonished and enraged, and one word of encouragement from their leader would have brought on a collision. Brigham, with his usual shrewdness, saw this, and was equal to the occasion. When the Judge sat down, he rose, and by one of those strong, nervous appeals, for which he is so famous among his brethren, restored the equilibrium of the audience. Those who, but a moment before, were bathed in tears, now responded to his broad sarcasm and keen wit, in screams of laughter; and having fully restored the spirits of the audience, he turned to the Judge, and administered the following rebuke: "I will kick you," he said, "or any other gentile Judge from this stand, if you or they again attempt to interfere with the affairs of our Zion."

The Judge saw that he was beaten, and finding his life threatened and in danger, soon after left the Territory.

After his departure, Brigham preached the following sermon:—

"I am at the defiance of the rulers of the greatest nations on the earth, with the United States all put together, to produce a more loyal people than the Latter Day Saints. Have they, as a people, broken any law? No, they have not. Have the United States? Yes. They have trampled the Constitution under their feet with impunity, and ridden recklessly over all law, to persecute and drive this people. Admit, for argument's sake, that the Mormon elders have more wives than one, yet our enemies never have proved it. If I had forty wives in the United States, they did not know it, and could not substantiate it; neither did I ask any lawyer, judge, or magistrate for them. I live above law, and so do this people. Do the laws of the United States require us to crouch and bow down to the miserable wretches who violate them? No!

"I defy the world to prove that we have infringed upon that

law. You may circumscribe the whole earth, and pass through every Christian nation, so called, and what do you find? If you tell them a 'Mormon' has two wives, they are shocked, and call it dreadful blasphemy. If you whisper such a thing in the ears of a gentile, who takes a fresh woman every night, he is thunderstruck with the enormity of the crime. . . . .

"Now, let me tell you the great, killing story. 'Governor Young has sixteen wives and fourteen babies.' Now, they did not see that sight, but the circumstance was as follows: I took some of my neighbors into the large carriage, and rode down to Father Chase's to eat watermelons. When driving out of the gate, in the evening, Brother Babbitt walks up, and I invited him into the carriage, and he rode up into the city with me, and I suppose he told the United States officers. That, I believe, is the way the story of the sixteen wives and fourteen children first came into circulation.

"But this does not begin to be the extent of my possessions, for I am enlarging on the right hand and on the left; and shall soon be able, Abraham-like, to muster the strength of my house, and take my rights, asking no favors of judges or secretaries."

At another time he used the following language:—

"When the officers returned from this Territory to the States, did we send them away? We did not. I will tell you what I did, and what I will do again. I did chastise the poor, mean ruffian,—the poor, miserable creature who came here by the name of Brochus,—when he arose before this people, to preach to them, and tell them of meanness which he supposed they were guilty of, and traduce their characters.

"It is true, as it is said in the report of these officers, if I had crooked my little finger he would have been used up. But I did not bend it. If I had, the sisters alone felt indignant enough to have chopped him in pieces. I did not do it, however, but suffered him to fill up the measure of his shame and iniquity, until his cup is running over.

"I have no fears whatever of Franklin Pierce excusing me from office, and saying that another man shall be the Governor of this Territory. At the beginning of our settlements, when we sent Almon W. Babbitt to Washington with our constitution for a State government, and to ask leave to adopt it, he requested that

I should not sign my name to it as Governor; 'for,' said he, 'if you do, it will thwart all our plans.' I said, 'My name will go as it is in that document, and stay there, from this time henceforth and forever. Now,' I continued, 'if you do not believe it, you may go to Washington, and give those papers to Dr. Bernheisel, and operate against him, and against our getting a State government, and you cannot hinder it.'

"I will be Governor still, after you have done everything you possibly can to prevent it. We have got a Territorial Government, and I am and will be Governor, and no power can hinder it, until the Lord Almighty says, 'Brigham, you need not be Governor any longer;' and then I am willing to yield to another Governor."

This "sermon" was preached at Great Salt Lake City, June 19, 1853, and is published in the "Journal of Discourses," vol. i. p. 188.

Brigham had appointed his second counsellor, Willard Richards, to fill the vacancy occasioned by the departure of Secretary Harris. So the saints had fairly succeeded in ridding themselves of the obnoxious officials,—the remaining Judge, and the District Attorney, being Mormons in good standing.

The Hon. Z. Snow then proceeded to hold his court, unmolested by gentile law or judges. He tried and convicted several Spaniards of buying Indian children for slaves, took the children from the Spaniards, and turned them over to the "brethren."

The Indians now began to be hostile, and the brethren were obliged to cease pursuing the gentiles, and prepare to defend themselves against the "Lamanites." During the years 1852-53-54, more or less disturbances prevailed.

In October, 1852, Judge Shaver arrived, as successor to Judge Brochus; and Lazarus H. Reed, of New York, was appointed Chief Justice, to succeed Judge Brandenburg. Judge Reed arrived in the Territory in June, 1853. Of these, Brigham said,—

"One of our judges, Judge Shaver, has been here during the

winter, and, as far as he is known, he is a straightforward, judicious, upright man, and a good adjudicator in the law. He and Judge Reed, who has lately arrived, I believe will do the best they can, and all is right."

Judge Snow continued to hold his office until succeeded by Judge Stiles, in the fall of 1854.

Judge Shaver lived among the saints until his death, and was "buried with the faithful."

It is currently reported, and believed by many, that Judge Shaver died from the effects of poison, administered by the hands of a Mormon. He was a Southerner by birth, agreed very well with the Mormons, gave suppers, and drank with them, and was considered a "hail-fellow well met." There was, however, some difficulty between the Judge and the Prophet, the nature of which was not distinctly known. The difficulty increased, and one morning the Judge was found dead in his bed. The heads of the church took great pains to have the affair investigated, and came to the conclusion that the Judge had died of some "disease of the head." He was followed to the grave by a large concourse of people, and preceded by a band of music.

Less regard would be paid to these invidious reports, were it not for the fact that Brigham Young's connection with the violent death of divers other persons is too notorious to be denied. To say nothing of the Mountain Meadow massacre, in which he is distinctly implicated by evidence of an overwhelming character, there are other cases in which his agency in causing in some way the death of the party, is scarcely denied by himself.

For instance, the death of Almon W. Babbitt, at the hands of "Indians," on the Plains. In the summer of 1862, Brigham was referring to this affair, in a tea-table conversation, at which Judge Waite and the writer of this were present. On that occasion, after making some remarks to impress upon the minds of those present the necessity of maintaining friendly relations between the federal officers and the

authorities of the church, he used language substantially as follows:—

"There is no need of any difficulty, and there need be none, if the officers do their duty, and mind their own affairs. If they do not, if they undertake to interfere in affairs that do not concern them, I will not be far off. There was Almon W. Babbitt. He undertook to quarrel with me, but soon afterwards was killed by Indians. He lived like a fool, and died like a fool."

People determined to believe only that Brigham Young is a good citizen, and that he and his people are mostly in the right in their difficulties with the federal officers, will doubtless be able to put an innocent construction upon the foregoing language. But to the minds of those who heard it, and who were most interested in its meaning, it never had but one signification, and went far to disclose the dark and damning character of the man.

But to return to our narrative. Judge Reed seems to have been more fortunate in his intercourse with these people. The Mormons wished to eradicate from his mind all unfavorable impressions created by the sudden departure of his predecessors. They therefore treated him with marked consideration. They hoped, through his influence, to reinstate themselves with the authorities at Washington, and they partially succeeded. The Judge formed quite a favorable opinion of the Mormons, though not indorsing the administration of Brigham Young. He remained in the valley about a year, and then went to the States, intending to return, but died suddenly, while at his home, in Bath, Steuben County, New York.

---

CHAPTER III.
POLITICAL HISTORY CONTINUED.

Col. Steptoe and Brigham Young.—Brigham reappointed Governor.—John F. Kinney.—Western Utah, or Nevada.—Letter of Hon. James M. Crane.—Judge Stiles and the Records.—W. W. Drummond.

In 1854 Col. Steptoe, with about 300 men, came to Salt Lake. His command was intended for California and Oregon, but spent the winter of 1854-55 at Salt Lake City.

About this time John F. Kinney, of Iowa, was appointed Chief Justice, to succeed Reed, and George P. Stiles, Associate Justice; Joseph Hollman, also of Iowa, Attorney-General, and Almon W. Babbitt, Secretary. In the spring of 1855, W. W. Drummond, of Illinois, was appointed Associate Justice.

During the winter of 1854-55, news reached Salt Lake that President Pierce had commissioned Col. Steptoe as Governor of Utah. This alarmed the saints exceedingly. The Lion of the Lord was roused. Something must be done.

Col. Steptoe had the appointment under consideration for several weeks, and finally refused to accept it, and joined with Chief Justice Kinney and others in recommending the continuance in office of Governor Young.

The question naturally arises, Why did Col. Steptoe refuse to accept the appointment, and recommend Brigham Young? Mormons would tell you, in confidence, that Brigham "put a hook in his nose," and he was compelled to do as he did. The Prophet of the Lord had said he would be Governor, and no power but the Lord Almighty could hinder it.

Daring and unscrupulous as a brigand, having the means at his command, and the ingenuity to use them, why should he not outwit the government and deceive the people of the United States? He was determined not to relinquish, without an effort to retain them, the power and emoluments of his position. The following narrative of the manner in which he accomplished his purposes, has been furnished by a Mormon who was residing in Salt Lake City at the time, and the employment of similar appliances on more than one occasion afterward, gives the coloring of truth to the story.

There were in Salt Lake City, at that time, two beautiful and fascinating women, one of whom was by marriage nearly related to the Prophet; the other was an actress in the church theatre. Their husbands were both "on a mission." These ladies were a great deal in the society of Col. Steptoe and his officers. Much attention was paid to the military officers, and it would be but natural that these men should be both pleased and flattered by the attention of sisters occupying so high a place in the hierarchy. According to report, however, the character of these women was not such as their exalted position in the church would seem to require.

One evening Brigham called "the girls" to him, and explained that he had a plan in which he needed their assistance. They at once consented to do anything he might desire. The plan was soon agreed upon. He placed his Danites at a convenient distance around the Colonel's office, and calmly awaited developments. In a short time one of the "police" came to the Prophet, and signified that it was time for him to appear on the field. He went immediately down to the Colonel's office, which was on Main Street, and knocked for admittance. For some time no one responded, but the knocking continuing violently, Col. Steptoe asked who was there. "Brigham Young," said the angry Prophet; "and I want to come in, and I will come in." At this Steptoe opened the door, and Brigham entered the front office. He seemed excited, and without being seated, asked if Mary

and Mrs. —— were there; adding,—"I want the girls." Steptoe denied their presence; but could a prophet be deceived? "I know better," said he; "I know they are here;" at the same time walking into the back office. There, on the sofa, sat two young gentlemen dressed in the highest style, but wearing their hats. Brigham advanced, lifted the hats of the fancy gentlemen, and the ladies he was seeking sat before him. Of course, the righteous indignation of the Prophet knew no bounds. He threatened Steptoe with exposure and prosecution, and told him his life would not be safe if the friends of the ladies came to hear of the affair. He censured the girls, and told them to go home, and finally calmed down, and left the office.

Steptoe was greatly alarmed, and, as a compromise, offered to recommend Brigham for the appointment which had just been tendered to himself. With ill-concealed satisfaction on the part of Brigham and his friends, the proposition was accepted, and "the matter arranged."

Soon after, a petition was sent to the President, dated December 30, 1854, and asking for the reappointment of Young as Governor. This was signed by Col. Steptoe and most of his officers, and by all the federal officers then in Utah.

This array of gentile names was not to be disregarded, and Brigham Young was reappointed Governor of Utah.

In 1854 John F. Kinney was appointed, by Franklin Pierce, Chief Justice of Utah, and came to the valley with his family and a large stock of goods the same year. He was known in Iowa as a "Jack Mormon," and subsequent events have proven that he was such. He sold goods and kept a boarding-house; and at once entered into favor with the Mormon administration. He was pecuniarily interested in keeping the good-will of his trading customers; and this fact, together with his undoubted sympathy with the church, will satisfactorily account for the course pursued by him in the complicated condition of the Territory.

It is not our purpose to detract from the merits of any one. We desire to do justice to all. But the impartial truth of history requires us to say that the uniform course of Judge Kinney has been to aid and abet Brigham Young in his ambitious schemes, with but little regard to the advancement of the interests of the whole country, or the requirements of indiscriminate justice.

As to his merits as a jurist, the writer of these pages cannot undertake to decide. But it would seem, to one uninitiated, that a Judge cannot be very profound who will try, convict, and sentence men not within the jurisdiction of his court, and even men not in the land of the living. This was done by Judge Kinney, in the case of the Morrisites,—dissenters or apostates from the Mormon Church.

In the spring of 1863 a large number of these men were tried, convicted, and fined $100 each. Many of them were out of the Territory at the time, and one was dead. This statement is fully substantiated by affidavits which were taken at the time. Over ninety were tried and convicted, about twenty of whom were out of the Territory, and one had died before the trial commenced.

When the cases were called on for trial, it was stated that some of the accused were absent. The Judge remarked, it made no difference; he was gratified that so many had made their appearance, and directed the trial to proceed. All were found guilty, and sentenced to pay a fine of $100 each, except a few of the leaders, who were sentenced to the penitentiary,—one of them for fifteen years.

These men were accused of resisting the Mormon officers who came to arrest them. Robert T. Burton, the sheriff of Salt Lake County, who was the principal one thus "resisted," had shot Morris, their Prophet, in cold blood, after he and his party had surrendered; and yet, while the Morrisites were so severely punished, Burton went scot free. The grand jury of Salt Lake County would not even find a bill of indictment against him. Burton stands high in the community, and was afterwards appointed Collector of Internal Revenue.

But this is not all. Not only were all of the accused tried and convicted, but the bonds of those absent were declared by the clerk to be forfeited, and execution was issued against those resident in Utah, to collect the penalty of the bonds. At the same time, the records showed no judgments against the delinquents. One of these Morrisites, named Abraham Taylor, found his property, worth $2500, suddenly levied upon, under one of these executions. There being no gentile lawyer at Salt Lake, he applied to Judge Waite, who investigated the matter, and found there was no judgment of record. He then advised Mr. Taylor to apply to Judge Kinney for an injunction against the officer. This was done; but the application was refused by Judge K. on the ground that if there was no judgment he could render one, as the court had not permanently adjourned, but only to meet on his own motion. This response to the application of a suitor is a sufficient indication of the ability of Judge Kinney, and of his desire to administer impartial justice.

The result of the whole matter was, that the homestead of Mr. Taylor was sold under the execution, to the clerk of Judge Kinney's court, for 000; the family of Taylor impoverished, and literally turned into the street. After remaining out of doors, in front of the house, for a day or two, they took refuge at the camp of Gen. Connor.

In his personal appearance Judge Kinney is pompous and conceited. He is of the medium size, rather stout, with dark complexion. Brusque and ready in conversation, and never declining to drink when invited, he is well adapted to the country in which he resides, and is immensely popular in the community in which he was placed "to administer the law," and which he now represents in Congress. He is an open apologist and advocate of polygamy.

Mrs. Kinney is a sister of Judge Hall, of Iowa, and an accomplished lady. She was utterly disgusted with Mormon society, and returned, with her daughters, to the States.

Judge Kinney remained in Utah until 1856. In 1860 he

was reappointed. Thus he was absent from the Territory during all the exciting scenes of 1857-8 and 9, and returned after something like harmony had been restored in the affairs of the Territory. He managed, however, by having his leave of absence extended from time to time, to retain the office and its emoluments until 1858. Since 1860 he has been back and forth, spending about half his time in either portion of the country, but retaining his position as Chief Justice, until elected to Congress in 1863.

Judge Stiles, who was appointed to succeed Snow, was assigned to the third, or Carson District. He immediately proceeded to his district, and held a term of court.

The present Territory of Nevada was included mostly in the third judicial district, and much difficulty occurred between Mormons and the miners in that section.

A full account of the proceedings which go to make up the history of this part of Utah, will be found in a letter from the Hon. James M. Crane to Hon. William Smith, published in 1859.

This letter is so complete and truthful in its statements, and presents such a correct view of the character and tendencies of Mormonism, that we insert it, nearly entire:—

"Washington, January 17, 1859.

"Dear Sir,—

"As you may need some facts not reported at length in the memorial and other documents, relating to the proposed Territory of Nevada, I herewith submit them.

"The Mormons and Anti-Mormons began the settlement of Western Utah in the latter part of 1854. The former, however, succeeded, in 1855, in obtaining a numerical majority; and the Legislature of Utah, on being informed of this fact, organized the whole western part of the Territory, under the name of Carson County, and Governor Young appointed Orson Hyde, the President of the Quorum of Twelve Apostles, its Probate Judge. Soon after the Judge arrived, adventurers from California, as well as from the Atlantic States, settled in Carson and other valleys on the eastern side of the Sierra Nevada, for the purpose of mining,

farming, and raising stock. As they increased very fast, the Mormons became alarmed, and determined to expel them.

"They therefore ordered them to leave the country. Of course the Christians, or Anti-Mormons refused to do so. The Mormons then assembled their forces, and attempted to expel them, vi et armis. The Anti-Mormons also organized, and fortified themselves, with a view of defending their lives and property against their assailants.

"For two weeks their armies camped nearly in sight of each other, without coming to a direct battle.

"By this time, news had reached the miners in California of this state of affairs, and a large number had determined to cross the mountains, and afford protection to the Anti-Mormons. On hearing this, the Mormons became satisfied that, unless they retraced their steps, they would be driven themselves from the country, instead of the Anti-Mormons. They therefore proposed a truce, and agreed that all should enjoy a common heritage in that part of the Territory.

"The Mormons now became satisfied that the Christians not only could, but would occupy these fertile valleys, on the ground that they were the common property of the United States. When the Legislature of Utah heard of this affair, that body, in violation of every constitutional right, repealed the county organization, recalled the Probate Judge, and removed all the county and court records to Salt Lake City, where they have ever since remained. Amongst these records were several indictments against certain persons for high crimes and misdemeanors. By this flagrant violation of all sacred, individual, collective, and constitutional rights, the people of Western Utah were not only denied all legal protection to life and property, but they were disfranchised. They have ever been unrepresented in the Legislature and in Congress. The history of our country presents no such a record of open defiance of law, and such cruelties to men under the form of laws.

"For years the Anti-Mormons have been applying, both to the Territorial Legislature and to Congress, for protection, without success.

"Their situation has ever been, and still is, peculiarly unsafe and annoying. Recently a Probate Judge was surreptitiously appointed for Carson Valley, with a view of reorganizing the

county of Carson, and thus extend over the people there the Mormon statutes of the Territory.

"The Judge, soon after he received his commission, undertook to force on an election of county officers. Enough of the Anti-Mormons, however, turned out, to defeat his purpose, by the election of an opposite ticket, who, on being elected, refused to qualify, because they were required to obey the Mormon statutes. The Judge has been notified that if he undertakes to enforce the Mormon statutes he will be resisted,—peaceably if they can, forcibly if they must.

"They will not introduce, nor permit others to introduce among them, the vices of that wicked, perverse, and adulterous generation, who have so long wielded the sceptre of authority in the Great Basin. They will not allow, with impunity, their wives and daughters to be kidnapped, dishonored, and defiled; nor submit to laws made by such a people, nor allow themselves to be ruled by men who practise and uphold vices and crimes so revolting to the moral sense of the world; and if the Mormons persist in their present course, blood will flow.

"The only loyal people of Utah are oppressed, annoyed, and scandalized, by a government intended by Congress to secure them in their rights, and to protect them in their property; and while the present Territorial organization exists, the Mormons, who have control of the Legislature, will never 'let up on the gentiles.'

"The only remedy for this unnatural war, now raging between the Mormons and the Anti-Mormons in Utah, is to be found in the immediate separation of these people under two distinct governmental organizations. One thing is inevitable,—the Mormons and Anti-Mormons will never, and can never live together in peace, under one government. The conflicts which took place between them in Ohio, Missouri, Illinois, and Iowa, and which are now going on in Utah, ought to convince any intelligent man of the justice and truth of this declaration. Indeed, the Mormons themselves acknowledge it; and so long as they adhere to their belief,—a belief founded upon their own scriptures,—that an absolute theocracy is the only government under which they can and should live, they never will be loyal to our government and countrymen, and hence their hostility to our institutions and people, and their inflexible devotion to their own.

"In every State where the Mormons have lived, it has cost the loyal people of the State thousands of dollars, as well as the loss of many lives, to compel them to obey the laws. In every instance they have resisted our laws, and in every State necessity demanded their expulsion.

"In Utah, while they were charged with the administration of the government and execution of the laws, they proved themselves not only traitors to our people, but treacherous to the government, and openly rebelled against them and defied their authority, and it cost the Federal Government millions to conquer them. They have still control of the Territory, and they are inflexibly bent upon subduing the Anti-Mormons of Western Utah; and if the latter are not separated from them, and protected by law, it will require the expenditure of millions more to restore order in Utah. Congress can count the cost in this matter, while we will have the melancholy duty of burying our dead. The people of Nevada will never be conquered,—never be ruled by the Mormons. Come what will, they will resist to the bitter end. They prefer death to dishonor, and the government may choose which of these shall be meted out to them.

"In addition to the above considerations, which should, I believe, present conclusive and imposing evidence, sufficiently satisfactory to induce Congress to organize the Territory of Nevada, I may likewise mention others.

"While the people of Western Utah have, in the Mormons, open and avowed enemies, they have likewise the savage tribes to defend themselves against. Some of these tribes are professed Mormons, while others are under their influence. Many conflicts have taken place between the Christians and some of these tribes, as well as between the emigrants, while crossing the Plains to the North Pacific, and the aforesaid savages; and there is no hope of establishing amicable relations with these Indian tribes, until they are brought under other and better relations with the Anti-Mormons of Utah. Peace does not reign in Utah, and never will, under the present order of things. . . . .

"When our common country shall call forth her sons to defend her rights, the people of Nevada will come forth. They will be ready and willing to meet the enemy, on the beach and on the frontier, with a sword in one hand and a torch in the other. They will dispute every inch of ground, burn every blade of grass, and

the last intrenchment of liberty will become their graves, rather than permit a foreign enemy to contaminate the soil of our country. Can this be said of the Mormons? I think not. If we can protect our countrymen abroad, why should we not, on our own soil?

"Very respectfully, yours,

"James M. Crane,

"Delegate elect from Nevada.

"To Hon. Wm. Smith."

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"Having read the above statement of Judge Crane, delegate from the proposed Territory of Nevada, I will state from my own observation, having resided in the Territory of Utah for over three years, for a portion of which time I was in Carson Valley, that I heartily concur with him, and fully indorse his statement in relation to the condition of things in Western Utah, and seriously believe that the wants and necessities of the people of that portion of the Territory demand its immediate organization.

"George P. Stiles,

"Late Associate Justice for Utah."

Nevada was erected into a Territory, and has made rapid and gigantic strides in all the essentials of a high civilization. Her mines are celebrated throughout the world, and she annually adds millions of dollars to the circulation of the country.

Already are her valleys teeming with the life of the husbandman, and her soil yielding up its rich harvests of golden grain, for the sustenance of her brave and patriotic sons. She has sent several hundred men into the field, and with unshaken loyalty stands ready to send more, if the cause of her country calls,—thus literally fulfilling the promise of Judge Crane made in the foregoing letter. Mark the contrast between loyal and Christian Nevada, and disloyal and Mohammedan Utah! One rushing on to a glorious and happy destiny, and the other falling rapidly back into the habits and customs of heathen nations. The genius of Liberty sits enthroned among the mountains of free Nevada, while despotism of the most hideous character clanks her

chains in Utah. May the day of deliverance for the oppressed thousands of Utah soon dawn. Then will she take her place among her sisters in the family of States, and the hand of oppression be no more felt in all her fair borders.

When Brigham Young found that the gentile element was gaining ground rapidly in Carson County, his Legislature attached it to Great Salt Lake County, for judicial and other purposes. A large number of Mormons were sent on to colonize, and if possible to retain, the fertile Valley of Nevada. These missionaries were recalled in 1857, as well as many others, who were settling in different parts of California.

Slowly and sullenly they relinquished their hold upon this rich and prosperous portion of the Republic. It rapidly advanced in population, and not only prospered as a Territory, as already mentioned, but has lately been admitted as one of the States of the Union. The admission of Nevada, carved out of Utah, while the mother Territory still remains out in the cold, ought to be a sufficient hint that Congress and the people of the United States are not yet prepared for the establishment in their midst of a polygamic monarchy.

Judge Stiles returned to Salt Lake City, and there held several courts.

In the fall of 1856 a conflict arose, in regard to the jurisdiction of the United States Marshal. Heretofore this officer had acted with the Mormons, and all had passed off smoothly. But a real gentile was now appointed, and this was the signal for Mormon opposition. The Mormons claimed that the Territorial Marshal, instead of the United States Marshal, should act in the United States courts when doing territorial business. The United States Marshal contended that he should officiate in all business transacted in the United States courts, whether sitting as federal or territorial courts. Judge Stiles issued certain writs, directed to the officer, which he found it impossible to serve. The people, instigated by the Mormon leaders, refused to obey the precepts of the court,

and set at naught its authority, proclaiming that the time had come when their laws, and none others, should be enforced in Utah.

The question of jurisdiction was brought before the court, and James Ferguson, Hosea Stout, and J. C. Little, Mormon lawyers, loudly demanded that the Judge should decide in their favor. Ferguson, backed by an armed mob, told Judge Stiles, in open court, that if he dared to decide contrary to their wishes, he "would take him from the bench d—d quick"; that the boys were there to do it, and he, with others, by threats and intimidations, finally compelled the Judge to adjourn his court.

Judge Stiles then appealed to Brigham Young, as Governor of the Territory, to sustain him, and protect him in the discharge of his duties. In reply, he was coolly told that "the courts had already cost him [Brigham] too much trouble; that the boys had got their spunk up, and he would not interfere." He advised him, "if he could not sustain and enforce their [the United States] laws and institutions, the sooner he adjourned his court the better."

These proceedings had a tendency to bring the Judge into disrepute with the Mormons. Thomas Williams, a lawyer, had his office with Judge Stiles, on Main Street. Williams, though a Mormon, was an independent man, and had openly opposed Brigham on some question of politics. He had also denounced some prominent murders, and was becoming obnoxious, and even dangerous, to Brigham and his compeers. The Prophet once said to Williams's father and mother: "If Tom don't behave himself better, and stop causing me trouble, I must attend to him." Soon after, Williams apostatized, and started for California, intending to remain, and send back for his family. He met the fate of Babbitt. He was waylaid and killed by "Indians" on the Plains. It is well understood at Salt Lake that these were white Indians, and that Williams was put to death by order of the church authorities.

The records of the United States District Courts were in Judge Stiles's office. He, and Williams also, had a good many law books, which were private property. Brigham asserted that the records were suffered to "lie around loose," and suggested to the boys that they had better be cared for. This was sufficient, and "the boys" proceeded to "'tend to it." James Ferguson, Hiram B. Clawson, and several others, repaired to the office of the Judge when he was absent, and stationing one of the number to watch, they gathered up the records of the courts, first of all, and conveyed them to a fire-and-burglar-proof-safe, belonging to Young, and under the control of Clawson, who was his confidential clerk and son-in-law.

Having deposited them safely, they returned, and taking some of the Judge's papers, tore them in pieces, and scattered them over the floor, and in the direction of an outhouse. About the same time a large number of the law books found their way into the houses of certain Mormon lawyers, where they have ever since remained. They then took some of the books from the office, and placed them in the outhouse, set fire to the building, and burned it to the ground.

When Judge Stiles returned he found the office robbed, and the books and papers, as he supposed, burned.

Thus all business was suspended, and the records of the United States Courts and government property burned and stolen from the custody of the legal authorities.

Judge Stiles left Utah in the spring of 1857, and when in Washington, made affidavit to the foregoing facts. It may be well here to state that Judge S. was entirely conscientious in making his affidavit, and the prevailing impression in the community was that the records had been destroyed.

In the summer of 1855 W. W. Drummond, of Illinois, arrived in Utah, as Associate Justice of the Supreme Court. The Mormons allege that he deserted his wife, and brought with him a mistress. This caused much righteous indignation among the saints! The Judge also professed to be a

warm friend and advocate of Senator Douglas, whom the Mormons hate.

When Drummond was about to hold court, he intimated that he would set aside all judgments rendered by probate Judges, and annul all their proceedings, except such as pertained to the usual and legitimate business of the probate courts. Here was a direct issue, and a conflict was inevitable.

The court being about to be held in Fillmore, a Jew was hired for $25 to quarrel with Drummond. As a part of the programme, also, he was to strike the Judge. The Jew played his part, except the blow, which, for want of opportunity or courage, was omitted. Instead of this he sent to the Judge an insulting message, by the hands of a colored "boy" belonging to Drummond. The boy was sent back with a raw hide, and instructions to "lay on" the same to the back of the Israelite, which Cuffy obeyed with much spirit. Complaint was made by the Jew to a local magistrate. A warrant was issued, and Drummond and his negro were both arrested.

The result of this émeute was a sort of compromise, in which it was understood that the Judge should not interfere with the probate courts, and he was set at liberty.

After adjourning his court at Fillmore, Drummond located in Utah County in the winter of 1856. The following summer he went to Carson to hold court for Judge Stiles. Thence he proceeded to California and to the States, and as the Mormons allege "contributed largely to the getting up of Buchanan's crusade."

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CHAPTER IV.
POLITICAL HISTORY CONTINUED.—THE MORMON WAR.

Report of the Secretary of War.—Proclamation of Gov. Brigham Young declaring Martial Law.—Correspondence.—Sermons of Young and Kimball.—Proclamation of Gov. Cumming.—His Echo Canyon Adventures.—Col. Kane.—The Mormons leave Salt Lake.—Commissioners appointed by the President.—Peace restored.

By these and similar outrages the Mormons had succeeded in ridding themselves of all the federal authorities, and were really in open rebellion against the Federal Government.

As Congress was not in session, the matter was taken in hand by Floyd, Secretary of War, and President Buchanan.

After due consultation it was deemed advisable to appoint new men to all the civil offices of the Territory, and to accompany them with a military force sufficient for their protection and the enforcement of the laws. Accordingly, President Buchanan, during the summer of 1857, made the following appointments for Utah:—Governor, A. Cumming; Chief Justice, D. R. Eckels; Associate Justices, John Cradlebaugh and Charles E. Sinclair; Secretary, John Hartnett.

An army of about 3000 men was armed and equipped, and ordered to march for Utah, early in the fall of 1857.

Brevet Brigadier-General W. S. Harney was originally named as commander of this force, but it was subsequently deemed inadvisable to detach that officer from the special duties of his department in Kansas, and the troops sent to Utah were placed under the orders of Col. A. S. Johnson.

The Secretary of War, in his report, dated December 5, 1857, says:—

"The Territory of Utah is peopled almost exclusively by the religious sect known as Mormons. . . . They have substituted for the laws of the land a theocracy, having for its head an individual whom they profess to believe a prophet of God.

"This Prophet demands obedience, and receives it implicitly from his people, in virtue of what he assures them to be authority derived from revelations received by him from Heaven. Whenever he finds it convenient to exercise any special command, these opportune revelations of a higher law come to his aid. From his decrees there is no appeal; against his will there is no resistance. . . .

"From the first hour they fixed themselves in that remote and almost inaccessible region of our territory, from which they are now sending defiance to the sovereign power, their whole plan has been to prepare for a successful secession from the authority of the United States, and a permanent establishment of their own. . . .

"This Mormon brotherhood has scarcely preserved the semblance of obedience to the authority of the United States for some years past; not at all indeed, except as it might confer some direct benefit upon themselves, or contribute to circulate public money in their community. . . . I need not here recite the many instances in their conduct and history on which these general allegations are founded, especially the conduct they have adopted within the last twelve months towards the civil authorities of the United States.

"It has, nevertheless, always been the policy and desire of the Federal Government to avoid collision with this Mormon community. It has borne with the insubordination they have exhibited, under circumstances when respect for its own authority has frequently counselled harsh measures of discipline. And this forbearance might still be prolonged, and the evils rife among them be allowed to work out their own cure, if this community occupied any other theatre, isolated and remote from the seats of civilization, than the one they now possess.

"But, unfortunately for these views, their settlements lie in the great pathway which leads from the Atlantic States to the new and flourishing communities growing up upon the Pacific seaboard.

They stand a lion in the path; not only themselves defying the civil and military authorities of the government, but encouraging, if not exciting, the nomad savages who roam over the vast, unoccupied regions of the continent, to the pillage and massacre of peaceful and helpless emigrant families traversing the solitudes of the wilderness. The rapid settlement of our Pacific possessions; the rights, in those regions, of emigrants, unable to afford the heavy expenses of transit by water and the Isthmus; the facility and safety of military, political, and social intercommunication between our eastern and western populations and States,—all depend upon the prompt, absolute, and thorough removal of a hostile power besetting this path, midway of its route, at a point where succor and provisions should always be found, rather than obstruction, privation, and outrage. . . .

"From all the circumstances surrounding this subject at the time, it was thought expedient, during the past summer, to send a body of troops to Utah, with the civil officers recently appointed to that Territory. . . . Great care has been taken, in preparing for the march to Utah, that nothing should seem to excite apprehension of any action on the part of the army in the least conflicting with the fixed principle of our institutions, by which the military is strictly subordinate to the civil authority. The instructions of the commanding officer were deliberately considered, and carefully drawn, and he was charged not to allow any conflict to take place between the troops and the people of the Territory, except only in case he should be called upon by the Governor for soldiers to act as a posse comitatus in enforcing obedience to the laws.

"In conformity with this sentiment, and to assure these people of the real intention of the movement, an active, discreet officer was sent in advance of the army to Utah, for the purpose of purchasing provisions for it, and of assuring the people of the Territory of the peaceful intentions of the Government. This officer found, upon entering the Territory, that these deluded people had already, in advance of his arrival, or of any information, except as to the march of the column, determined to resist their approach, and prevent, if possible, and by force, the entrance of the army into the Valley of Salt Lake. Supplies of every sort were refused him.

"The day after his departure from the city, on his way back,

Brigham issued his Proclamation, substantially declaring war against the United States, and at the same time putting the Territory under martial law."

The following is a copy of this celebrated document:—

"PROCLAMATION

"Of Governor Brigham Young.

"Citizens of Utah,—We are invaded by a hostile force, who are evidently assailing us to accomplish our overthrow and destruction. For the last twenty-five years we have trusted officials of the Government, from constables and justices, to judges, governors, and presidents, only to be scorned, held in derision, insulted, and betrayed. Our houses have been plundered and then burned, our fields laid waste, our principal men butchered, while under the pledged faith of the Government for their safety; and our families driven from their homes, to find that shelter in the barren wilderness, and that protection among hostile savages, which were denied them in the boasted abodes of Christianity and civilization.

"The Constitution of our common country guarantees unto us all that we do now, or have ever claimed. If the constitutional rights which pertain unto us as American citizens were extended to Utah, according to the spirit and meaning thereof, and fairly and impartially administered, it is all that we could ask,—all that we have ever asked.

"Our opponents have availed themselves of prejudice existing against us, because of our religious faith, to send out a formidable host to accomplish our destruction. We have had no privilege or opportunity of defending ourselves from the false, foul, and unjust aspersions against us, before the nation.

"The Government has not condescended to cause an investigating committee, or other persons, to be sent to inquire and ascertain the truth, as is customary in such cases. We know those aspersions to be false, but that avails us nothing. We are condemned unheard, and forced to an issue with an armed, mercenary mob, which has been sent against us at the instigation of anonymous letter-writers, ashamed to father the base, slanderous falsehoods which they have given to the public; of corrupt officials, who have brought false accusations against us, to screen themselves in their own infamy; and of hireling priests and howling editors, who prostitute the truth for filthy lucre's sake.

"The issue which has thus been forced upon us compels us to resort to the first great law of self-preservation, and stand in our own self-defence,—a right guaranteed to us by the genius of the institutions of our country, and upon which the Government is based. Our duty to ourselves—to our families—requires us not to tamely submit to be driven and slain, without an attempt to preserve ourselves. Our duty to our country—our holy religion—our God—to freedom and liberty, requires that we should not quietly stand still, and see those fetters forging around us, which are calculated to enslave and bring us in subjection to an unlawful military despotism, such as can only emanate, in a country of constitutional law, from usurpation, tyranny, and oppression.

"Therefore, I, Brigham Young, Governor and Superintendent of Indian Affairs for the Territory of Utah, in the name of the people of the United States in the Territory of Utah, forbid,—

"First. All armed forces, of whatever description, from coming into this Territory, under any pretence whatever.

"Second. That all the forces in said Territory hold themselves in readiness to march at a moment's notice, to repel any and all such invasion.

"Third. Martial law is hereby declared to exist in this Territory, from and after the publication of this proclamation; and no person shall be allowed to pass or repass, into, or through, or from this Territory, without a permit from the proper officer.

"Given under my hand and seal, at Great Salt Lake City, Territory of Utah, this fifteenth day of September, A. D. eighteen hundred and fifty-seven, and of the Independence of the United States of America the eighty-second.

"Brigham Young."

This proclamation was forwarded to the commander of the United States forces, then on the Plains. It was accompanied by the following letter:—

"Fort Bridger, September 3, 1857.

"Sir,—I have the honor to forward you the accompanying letter from his Excellency Governor Young, together with two copies of his proclamation, and a copy of the Laws of Utah, 185, chap. 7, containing the Organic Act of the Territory.

"It may be proper to add, that I am here to aid in carrying out the instructions of Governor Young. General Robinson will

deliver these papers to you, and receive such communication as you may wish to make.

"Trusting that your answer and action will be dictated by a proper respect for the rights and liberties of American citizens, I remain,

"Very respectfully,

"Daniel H. Wells,

"Lieut.-General commanding Nauvoo Legion."

---

"Governor's Office, Utah Territory,
Great Salt Lake City, September 29, 1857.

"Sir,—By reference to the Act of Congress, passed September 9, 1850, organizing the Territory of Utah, published in a copy of the Laws of Utah, herewith, p. 146, chap. 7, you will find the following:—

"'Sec. 2. And be it further enacted, That the executive power in and over said Territory of Utah shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof,' &c., &c.

"I am still the Governor and Superintendent of Indian Affairs for this Territory, no successor having been appointed and qualified, as provided by law, nor have I been removed by the President of the United States.

"By virtue of the authority thus vested in me, I have issued and forwarded you a copy of my proclamation, forbidding the entrance of armed forces into this Territory. This you have disregarded. I now further direct that you retire forthwith from the Territory by the same route you entered. Should you deem this impracticable, and prefer to remain until spring in the vicinity of your present encampment, Black Fork, or Green River, you can do so in peace, and unmolested, on condition that you deposit your arms and ammunition with Lewis Robinson, Quartermaster-General of the Territory, and leave in the spring, as soon as the condition of the roads will permit you to march. And should you fall short of provisions, they can be furnished you by making the proper applications therefor.

"Gen. D. H. Wells will forward this, and receive any communications you may have to make.

"Very respectfully,

"Brigham Young;

"Governor and Superintendent of
Indian Affairs, Utah Territory

"To the Officer commanding the Forces
now invading Utah Territory."

The legitimate result of this violent and treasonable proclamation, as might be supposed, was to incite the people to revenge and bloodshed. Every man who could bear arms was at once taken from his usual avocation and trained in the art of war. Clothing was at this time very scarce, as no trains of goods had arrived from the States. The "sisters" were called upon to make up every article which they could possibly spare into uniforms for the troops. Accordingly the "brethren" appeared arrayed in pieces of bed-quilts, carpets, and old clo' made over, and presented to the eye as motley and miserable a crew as those of "the right valiant Sir John Falstaff." If we look at the leaders of these classical armies, however, the parallel fails. The chivalric Jack had at least the courage to march at the head of his soldiers; while Brigham, who acknowledges himself to be a natural coward, preferred to remain snugly ensconced among his numerous wives and children. The Lion of the Lord, though seemingly aroused, only shook himself and roared loudly several times. He then quietly lay down, and remained thenceforth couchant during the war. With all the assurance and assumption of Joseph Smith, he lacked his personal courage and manly daring.

But the rank and file of these "warriors of the Lord" lacked neither courage nor enthusiasm. Their Zion was threatened,—their institutions in danger,—and with the fire of revenge burning in their hearts, at the remembrance of former injuries, they rushed forth, to conquer or to die.

Many joined their brethren in Echo Canyon, without even

shoes to their feet, wading through snows several feet deep. Such devotion and heroism were worthy of a better cause.

The feeling and determination of the people cannot be better expressed than by extracts from the sermons of their leaders at this critical period.

Sunday morning, September 16, 1857, Brigham Young, in his public discourse, said:—

"This people are free; they are not in bondage to any government on God's footstool. We have transgressed no law, and we have no occasion to do so, neither do we intend; but as for any nation's coming to destroy this people, God Almighty being my helper, they cannot come here. [The congregation responded a loud 'Amen.'] . . .

"We have borne enough of their oppression and hellish abuse, and we will not bear any more of it, for there is no just law requiring further forbearance on our part. And I am not going to have troops here to protect the priests and hellish rabble in efforts to drive us from the land we possess; for the Lord does not want us to be driven, and has said, 'If you will assert your rights, and keep my commandments, you shall never again be brought into bondage by your enemies.' . . .

"They say that their army is legal; and I say that such a statement is as false as hell, and that they are as rotten as an old pumpkin that has been frozen seven times, and then melted in a harvest sun. Come on with your thousands of illegally ordered troops, and I will promise you, in the name of Israel's God, that you shall melt away as the snow before a July sun. . . .

"You might as well tell me that you can make hell into a powder-house, as to tell me that you could let an army in here, and have peace; and I intend to tell them, and show them this, if they do not stay away. . . . And I say our enemies shall not slip the bow on old 'Bright's neck' again. God bless you. Amen."

In the afternoon of the same day, the "lion" again roars, as follows:—

"There cannot be a more damnable, dastardly order issued, than was issued by the Administration to this people, while they were in an Indian country in 1846. Before we left Nauvoo, not less than two United States Senators came to receive a pledge

from us that we would leave the United States; and then, while we were doing our best to leave their borders, the poor, low, degraded curses sent a requisition for five hundred men to go and fight their battles! That was President Polk; and he is now weltering in hell, with old Zachary Taylor, where the present Administration will soon be, if they do not repent.

"Liars have reported that this people have committed treason, and upon their lies the President has ordered out troops to aid in officering this Territory; and if those officers are like many who have previously been sent here,—and we have reason to believe that they are, or they would not come where they know they are not wanted,—they are poor, miserable blacklegs, broken down political hacks, robbers and whoremongers; men that are not fit for civilized society; so they must dragoon them upon us for officers. I feel that I won't bear such cursed treatment, and that is enough to say,—for we are just as free as the mountain air. . .

"I have told you that if this people will live their religion, all will be well; and I have told you that if there is any man or woman who is not willing to destroy anything or everything of their property that would be of use to an enemy if left, I wanted them to go out of the Territory. And I again say so to-day; for when the time comes to burn and lay waste our improvements, if any man undertakes to shield his, he will be sheared down; for 'judgment will be laid to the line, and righteousness to the plummet.'

"Now, the faint-hearted can go in peace; but should that time come, they must not interfere. Before I will suffer what I have in times gone by, there shall not be one building, nor one foot of lumber, nor a stick, nor a tree, nor a particle of grass or hay that will burn, left in reach of our enemies. I am sworn, if driven to extremity, to utterly lay waste, in the name of Israel's God."

On the same subject, Heber C. Kimball, first counsellor to Brigham, used the following language:—

"Is there a collision between us and the United States? No; we have not collashed; that is the word that sounds nearest to what I mean. But now the thread is cut between them and us, and we will never gybe again,—no, never, worlds without end. [Voices, 'Amen.'] . . .

"Do as you are told, and Brigham Young will never leave the

governorship of this Territory, from this time henceforth and forever. No, never. And there shall no wicked Judge with his w—— ever sit in our courts again; for all who are against Israel are an abomination to me and to our God.

"The spirit that is upon me this morning is the Spirit of the Lord, that is, the Holy Ghost,—though some of you may think that the Holy Ghost is never cheerful. Well, let me tell you, the Holy Ghost is a man; he is one of the sons of our Father and our God, and he is that man that stood next to Jesus Christ,—just as I stand by brother Brigham. . . . You think our Father and our God is not a lively, sociable, and cheerful man; he is one of the most lively men that ever lived. . . . Brother Brigham is my leader, he is my Prophet and my Seer, my Revelator; and whatever he says, that is for me to do, and it is not for me to question him one word, nor to question God a minute."[49:A]

Many sermons were delivered, composed, throughout, of such material as the foregoing extracts. The genius of Mormonism is here fully displayed,—implicit obedience to their leaders, and especially to the teachings of Brigham Young. The people were commanded to be ready to leave their homes at an hour's notice, and flee to the mountains,—and this too, as the snows of winter were falling around them. They were commanded to have the torch ready to set fire to their dwellings, and the axe to cut down all their fruit-trees; and they were ready to obey! The question naturally presents itself, Can blind faith and fanaticism thus lead and control a whole community? That some should be thus blindly infatuated, is not strange; but that a whole community should thus lose their reason, and be willing to beggar themselves and families, in obedience to the call of their leader, is almost beyond belief.

It is safe to say, had the Mormons been left free to choose, at least one half would have remained at home, and even welcomed the troops into the city.

But the fiat of despotism had gone forth. "When the time comes to burn and lay waste our improvements, if any

man undertakes to shield his, he will be sheared down; for 'judgment will be laid to the line, and righteousness to the plummet.'" This means, in plain English, that any man who refused to obey Young should be put to death; and the people well understood it. As it was certain death to resist his will, they vied with each other in seeming to render a willing obedience to a tyrant whom many hated, and all feared.

They fortified Echo Canyon, a narrow pass, about eighteen miles in length, eastward from the city. Piles of huge stones were heaped up along the borders of the precipices, ready to be dashed against the troops, as they should essay to pass the gorge. Intrenchments were thrown up, and such other warlike preparations made as their facilities afforded.

The United States troops had entered the Territory of Utah, and were encamped in Green River County, near Fort Bridger, a distance of 118 miles from Salt Lake City. From this place Governor Cumming issued the following proclamation:—

"Green River County, near Fort Bridger, Utah Territory, 21st November, 1857.

"To the People of Utah Territory:—

"On the 11th day of July, 1857, the President appointed me to preside over the executive department of the government of this Territory. I arrived at this point on the 17th of this month, and shall probably be detained some time, in consequence of the loss of animals during the recent snow-storm. I will proceed at this point to make the preliminary arrangements for the temporary organization of the territorial government. Many treasonable acts of violence have recently been committed by lawless individuals, supposed to have been commanded by the late executive. Such persons are in a state of rebellion.

"Proceedings will be instituted against them in a court organized by Chief Justice Eckels, held in this county, which court will supersede the necessity of appointing military commissions for the trial of such offenders.

"It is my duty to enforce unconditional obedience to the Constitution, and the organic law of this Territory, and to all the other laws of Congress applicable to you.

"To enable me to effect this object, I will, in the event of resistance, rely first upon a posse comitatus of the well-disposed portion of the inhabitants of this Territory, and will only resort to a military posse in case of necessity. I trust this necessity will not occur. I have come among you with no prejudices or enmities; and by the exercise of a just and firm administration I hope to command your confidence.

"Freedom of conscience, and the use of your own peculiar mode of serving God, are sacred rights, the exercise of which is guaranteed by the Constitution, and with which it is not the province of the Government or the disposition of its representatives in this Territory to interfere. In virtue of my authority as commander-in-chief of the military of this Territory, I hereby command all armed bodies of individuals, by whomsoever organized, to disband, and return to their respective homes.

"The penalty of disobedience to this command will subject the offenders to the punishment due to traitors.

"A. Cumming,

"Governor of Utah Territory."

During this time the Mormon troops were busy stealing stock, burning supply-trains, and in every way weakening and embarrassing the United States forces. Being familiar with the country, they had greatly the advantage; and could break suddenly upon a herding party, from some side canyon, capture their stock, and before the alarm could be given, be safely ensconced in their own quarters. Much valuable stock was acquired in this way.

"Forts Bridger and Supply were vacated and burned down. Orders were issued by Daniel H. Wells (Lieut.-General Nauvoo Legion,) to stampede the animals of the United States troops on their march, to set fire to their trains, to burn the grass and the whole country before them and on their flanks, to keep them from sleeping by night surprises, and to block the roads by felling trees, and destroying the fords of rivers.

"On the 4th of October, 1857, the Mormons, under Capt. Lot Smith, captured and burned, on Green River, three of our supply trains, consisting of seventy-five wagons, loaded with provisions and tents for the army, and carried away several hundred animals."

Late in the fall of 1857 "the Army of Utah" arrived at Bridger, and made an encampment, which was called Camp Scott.

As the winter was severe, and the snow very deep, little progress was made by the army in quelling the Mormon rebellion, while much suffering was endured by the soldiers. Some time during the winter of 1857-58 Col. Kane set out for Utah, to ascertain, if possible, the exact state of affairs in that Territory. He was not sent as the agent of the Government, as is generally supposed, but his mission was approved by President Buchanan, and the War Department. He went incognito, and by the southern route, and arrived in Utah in the month of January. He was accompanied by a servant only, and while on the desert to the south of Salt Lake City, was taken sick, and came near losing his life. Amasa Lyman and others were out exploring, with a view of ascertaining whether the Mormons could be attacked from the south. They found Col. Kane and his man on the desert. Lyman took him into his carriage, "laid hands on him, and administered unto him." Kane still remained unknown to him, but told him that he had business of importance to transact at Salt Lake,—important both to the Mormons and to the nation. He was immediately taken to Salt Lake, where, for the first time, he made known his business and his name.

Brigham was agreeably surprised to find an old friend and quasi Mormon in his guest, and of course treated him with the greatest consideration. It was well understood at Salt Lake that Col. Kane was baptized by the Elders some years before, while on a tour of exploration to the Rocky Mountains.[52:A] How much of Mormonism he imbibed is not known, but certain it is, that the saints rely on his aid and influence, under all circumstances.

The negotiations were of the most friendly character, and Kane proceeded soon after, in his character as pacificator, to the "Head-quarters of the Army of Utah," at Fort Bridger. He was escorted by Porter Rockwell, and Daniel Kimball past the limits of the Mormon camp. He held interviews with the officers of the army and with Governor Cumming, and succeeded in inducing the Governor to accompany him to Salt Lake.

Of this journey Governor Cumming says:—

"I left camp on the 5th, en route for this city, accompanied by Col. Kane, as guide, and two servants. . . . I was escorted from Bear River Valley to the western end of Echo Canyon,—the journey through the canyon being performed, for the most part, in the night; it was about eleven o'clock when I arrived at Weber Station.

"I have been everywhere recognized as the Governor of Utah, and, so far from having encountered insults and indignities, I am gratified in being able to state that, in passing through the settlements, I have been universally greeted with such respectful attentions as are due to the representative of the executive authority of the United States. . . .

"When it was arranged with the Mormon officer in command of my escort that I should pass through Echo Canyon in the night, I inferred that it was with the object of concealing the barricades and other defences. I was therefore agreeably surprised by an illumination in honor to me. The bonfires kindled by the soldiers, from the base to the summit of the hills, completely illuminated the valley, and disclosed the snow-covered mountains which surrounded us."

The following is the Mormon account of the entrée of Governor Cumming into the Valley of Salt Lake, and may go to explain to him why the journey was made through Echo Canyon in the night.

Upon entering the Mormon lines they were rejoined by Rockwell and Kimball, who commanded the Governor's escort to Salt Lake City. Echo Canyon is a narrow pass, about eighteen miles in length, and commands the entrance

to Salt Lake Valley from the east. The Mormons had fortified this canyon at several points. They also had four camps, or places of rendezvous, at convenient distances. Upon arriving at Cache Cave, the first "post," the party of the Governor came to a halt. His Excellency was escorted into camp with due honor, and an ox was slain to celebrate the occasion. After partaking of a sumptuous repast, the troops were ordered out for the Governor to review. About 150 men were "drawn up," and after the review, the Governor "made a speech." He complimented "the boys" on their order, discipline, and skill.

Col. Kimball then proceeded to read various orders to the troops. Various imaginary companies were ordered to relieve various other imaginary companies. Several new posts were ordered to be established, and others abandoned. Meanwhile, the Governor, not to be deceived, was noting down the different companies as they were called. This done, they again took the road. It was now about sundown; and as they passed the stations, the troops were arranged on each side of the road, to salute the Governor, and be reviewed by him. Everything passed off smoothly until they reached the third station, when it suddenly occurred to Col. Kimball that the pickets at that post had not been apprised of their coming. He remarked, on nearing the camp, that "he saw no pickets, and he guessed the boys were in ambush." He therefore mounted a horse, and telling the driver to be sure and "halt" as soon as he heard the word, rode off. In a moment more, the guard shouted, "Halt! who goes there?"—and before a reply could be given, the crack of a rifle was heard. The Governor, trembling with fright, cried out, "I am your friend, the Governor of Utah; don't fire, boys; for God's sake, don't fire!" "I know nothing about Governors, nor anybody else," replied the picket; "I must do my duty. This way, Sergeant of the Guard." By this time quite a company rode up, and, as the Governor supposed, he was about to be taken prisoner. Col. Kimball now appeared, explained

the whole matter, and relieved his Excellency from his embarrassing position. But the Governor was entirely innocent of the joke, and believes, to this day, that he had a hair-breadth escape.

They then passed on to the mouth of Echo Canyon, where the troops were again reviewed; and as the party bivouacked for the night, hundreds of camp-fires gleamed along the rugged sides of the canyon, furnishing incontestable evidence of the great number of the Mormon soldiers. There were at this time about 150 men, all told, in the canyon, and these the Governor had reviewed at every station.

The next morning the Governor proceeded on his journey, prepared to assert that the Mormons had from two to three thousand men under arms in and near Echo Canyon. When the company arrived at Sessions, ten miles from Salt Lake City, they were met by a large concourse of citizen soldiery, preceded by a band of music, accompanied by the roaring of cannon. The Echo Canyon boys were also there, to see the fun. The Governor was quite bewildered by all this parade, and made up his mind that the Mormons were very numerous, and both ready and willing to "wipe out" the handful of Government soldiers, whenever they could get permission from their leader.

Upon arriving at the "Holy City," the best lodgings and the best brandy were provided for his Excellency. Brigham called in due time, and paid his compliments; invited Governor Cumming to his office, and tendered to him "the hospitalities of the city." Governor Cumming was delighted, and in a few days called at the office of Governor Young. This wily personage put on one of his blandest smiles, resigned his office of Governor, turned over the papers and documents of the office to his legal successor, and, to crown all, produced the records of the courts, in the highest state of preservation.

Governor Cumming was perfectly amazed. Was it possible his eyes did not deceive him? Were these the veritable

records about which so much had been said? They were; and the Mormons had been belied, and the Government deceived. He immediately wrote to the President and to Col. Johnson, and explained how matters stood.

The gifted and accomplished Col. Kane was the bearer of these documents to his venerable friend James Buchanan, who read with delight these "signs of repentance" on the part of his dear children, and immediately commenced writing their pardon.

It has been supposed by many that Col. Kane was, at that time, acting as the agent of the United States Government. But the following extract from a letter to him, written by President Buchanan, dated December 31, 1857, will at once determine the position which the Colonel occupied:—

"My dear Sir,—You furnish the strongest evidence of your desire to serve the Mormons, by abandoning the comforts of friends, family, and home, and voluntarily encountering the perils and dangers of a journey to Utah, at the present inclement season of the year, at your own expense, and without official position. . . . Nothing but pure philanthropy, and a strong desire to serve the Mormon people, could have dictated a course so much at war with your private interests."

While the President was penning his proclamation of pardon, the Mormons were leaving their property and homes, and taking up their line of march for the South. Governor Cumming was unable to control the movements of Col. Johnson, who was acting under instructions from the Secretary of War. Hence Cumming could not save to Brigham, however much he might feel disposed to do so, the humiliation of seeing the streets of the city filled with the federal soldiers, against whom he had been hurling his anathemas. Finding this catastrophe could not possibly be averted, he promulgated an order, purporting to emanate from the Almighty, commanding the people to leave their homes and start for the South. This order was prompted partly by the fact that the "President of the Church" was committed to this course by

his repeated declarations, and partly by the wish on his part to test his power over "this people." It was readily and implicitly obeyed by his deluded followers. They knew not where they were going. Many believed they were destined for Sonora. They only knew the Prophet of the Lord had spoken, and they must obey.

On the 6th of April, 1858, their long trains moved southward, taking with them their household goods, and provisions for the journey. Brigham, Heber, and the principal men, also removed their families from their comfortable homes, again to encounter the toils and privations incident to life on the Plains. They went to Provo, 50 miles from the city, and there halted. The snow was still on the ground, and the pilgrims suffered much from the inclemency of the weather.

On the 12th of April, Mr. Buchanan appointed L. W. Powell, of Kentucky, and Ben McCulloch, of Texas, Commissioners to Utah, and by them sent on his proclamation of pardon. They reached Salt Lake on the 7th of June, and immediately made known their business to the Mormon authorities. They were instructed to say to the Mormons, in the language of the proclamation, "If you obey the laws, keep the peace, and respect the just rights of others, you will be perfectly secure, and may live in your present faith, or change it for another at your pleasure. Every intelligent man among you knows very well that the Government has never, directly or indirectly, sought to molest you in your worship, to control you in your ecclesiastical affairs, or even to influence you in your religious opinions."

The following extracts from the report of the Commissioners will serve to show the result of their mission:—

"We stated that we wished a free conference with them, and were ready to hear what they had to say. Ex-Governor Brigham Young, Lieut.-Governor Wells, and others, spoke. They expressed their gratification that the President had sent commissioners to Utah. They stated that they were attached to the Constitution and the Government of the United States; they spoke harshly of

many of the officials who had held office in the Territory; they spoke of the wrongs and injuries hitherto done them; they said they desired to live in peace, under the Constitution of the United States. They denied that they had ever driven any officials from Utah, or prevented any civil officer from entering the Territory. They admitted that they burned the army trains, and drove off the cattle from the army last fall, and for that act they accepted the President's pardon. All the charges that had been made against them, except the one last named, they denied. . . . We are pleased to state that the conference resulted in their agreeing to receive, quietly and peaceably, all the civil officers of the Government, and not to resist them in the execution of the duties of their offices; and to yield obedience to the authorities and laws of the United States.

"That they would offer no resistance to the army; that the officers of the army would not be resisted in the execution of their orders within the Territory. In short, they agreed that the officers, civil and military, of the United States, should enter the Territory without resistance, and exercise, peaceably and unmolested, all the functions of their various offices."

The Mormons, on their part, stipulated that the army should not be encamped within forty miles of the city; that they should protect private property; that they should march directly through the city, without halting; and should not encamp until they crossed the Jordan. These conditions were substantially complied with. "On the 26th of June General Johnson marched the army under his command through Salt Lake City, and encamped on the banks of the river Jordan, just without the city limits. The place selected for a permanent camp was in Cedar Valley, about forty miles south of Great Salt Lake City, and known as Camp Floyd, now Fort Crittenden."

On the 5th of July, 1858, the Mormon refugees received orders to return to their homes. With joy and alacrity they prepared to obey the welcome summons.

Governor Cumming had frequently urged them to return, without avail. But when the "mighty man of God" sent forth his mandate, each man sprang to his feet as if by magic,

rushed to his teams, and before the morning sun gilded the eastern hills, "the faithful" were again returning to their Mecca.

A company of United States troops were stationed on what was called "the Dug Out," to prevent collision with the Mormons on their return to Salt Lake. The officer commanding related to me the following incident:—

"I witnessed the most extreme destitution among the returning emigrants. I saw a number of women cooking around a camp-fire, and their clothing was extremely scanty. The supply of a family of fourteen persons could have been compressed into a small-sized trunk. One evening I saw two or three women cooking supper, and observing that they had neither tea nor coffee, I questioned them, and they replied they had had none for two or three years. At this time, according to report, it took a four-mule team to draw the Prophet's gold and silver, besides some that went in other conveyances."

The saints again entered into possession of their deserted homes, and began, as well as the lateness of the season would permit, to cultivate their farms and gardens.

Thus ended this crusade against the modern Mohammed and his followers.

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FOOTNOTES:

[49:A] Deseret News, November 18, 1857.

[52:A] John Hyde, Jr., in his work on Mormonism, page 146, says: "Fillmore, by the advice and intercession of Col. Kane, who had embraced Mormonism in Iowa, appointed Brigham as the Governor of Utah."

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CHAPTER V.
POLITICAL HISTORY CONTINUED.

The Mountain Meadow Massacre and other Crimes of the Mormons.—Attempts to bring the Perpetrators to Justice.—Doings of Judge Cradlebaugh.—Governor Cumming and the Military Officers.—Judge Sinclair's Court.—Governor Dawson and his Misfortune.—New Governor and Associate Justices appointed.

The darkest chapter of Mormon history is now before us. It becomes my duty to relate one of the most perfidious acts of cruelty and wholesale butchery to be found in the annals of this or any other country. In doing so, free use will be made of the statements of Judge Cradlebaugh and others who were thoroughly conversant with all the facts.

The following is from the able speech of Judge Cradlebaugh, delivered in the House of Representatives on the 7th of February, 1863:—

"As one of the Associate Justices of the Territory of Utah, in the month of April, 1859, I commenced and held a term of the District Court for the Second Judicial District, in the city of Provo, about sixty miles south of Salt Lake City. Upon my requisition, Gen. A. S. Johnson, in command of the military department, furnished a small military force for the purpose of protecting the court. A grand jury was empanelled, and their attention was pointedly and specifically called to a great number of crimes that had been committed in the immediate vicinity,—cases of public notoriety, both as to the offence and the persons who had perpetrated the same; (for none of these things had "been done in a corner"). Their perpetrators had scorned alike concealment or apology, before the arrival of the American forces. The jury thus instructed, though kept in session two weeks, utterly

refused to do anything, and were finally discharged, as an evidently useless appendage of a court of justice. But the court was determined to try a last resource, to bring to light and to punishment those guilty of the atrocious crimes which confessedly had been committed in the Territory, and the session continued. Bench warrants, based upon sworn information, were issued against the alleged criminals, and United States Marshal Dotson, a most excellent and reliable officer, aided by a military posse, procured on his own request, had succeeded in making a few arrests. A general stampede immediately took place among the Mormons, and what I wish to call your attention to, as particularly noticeable, is the fact that this occurred more especially among the church officials and civil officers. . . .

"Sitting as a committing magistrate, complaint after complaint was made before me of murders and robberies. Among these I may mention, as peculiarly and shockingly prominent, the murder of Forbes, the assassination of the Parrishes and Potter, of Jones and his mother, of the Aiken party, of which there were six in all; and, worst and darkest in the appalling catalogue of blood, the cowardly, cold-blooded butchery and robbery at the Mountain Meadows. At that time there still lay, all ghastly, under the sun of Utah, the unburied skeletons of one hundred and nineteen men, women, and children, the hapless, hopeless victims of the Mormon creed. . . .

"The scene of this horrible massacre at the Mountain Meadows is situate about three hundred and twenty miles west of south from Great Salt Lake City, on the road leading to Los Angelos, in California. I was the first federal Judge in that part of the Territory after the occurrence,—my district extending from a short distance below Salt Lake City to the south end of the Territory. I determined to visit that part of my district, and, if possible, expose the persons engaged in the massacre, which I did in the early part of the year 1859. I accordingly embraced an opportunity of accompanying a small detachment of soldiers, who were being sent to that section by Gen. Johnson,—having requested the Marshal of the Territory to accompany, or to send a deputy. He accordingly sent deputy William H. Rodgers, who went with me.

"The command went as far south as the St. Clara, twenty miles beyond the Mountain Meadows, where we camped, and

remained about a week. During our stay there I was visited by the Indian chiefs of that section, who gave me their version of the massacre. They admitted that a portion of their men were engaged in the massacre, but were not there when the attack commenced. One of them told me, in the presence of the others, that after the attack had been made, a white man came to their camp with a piece of paper, which, he said, Brigham Young had sent, that directed them to go and help to whip the emigrants. A portion of the band went, but did not assist in the fight. He gave as a reason, that the emigrants had long guns, and were good shots. He said that his brother [this chief's name was Jackson] was shot while running across the Meadow, at a distance of two hundred yards from the corral where the emigrants were. He said the Mormons were all painted. He said the Indians got a part of the clothing; and gave the names of John D. Lee, President Haight, and Bishop Higbee, as the big captains. It might be proper here to remark that the Indians in the southern part of the Territory of Utah are not numerous, and are a very low, cowardly, beastly set, very few of them being armed with guns. They are not formidable. I believe all in the southern part of the Territory would, under no circumstances, carry on a fight against ten white men.

"From our camp on the St. Clara we again went back to the Mountain Meadows, camping near where the massacre had occurred. The Meadow is about five miles in length and one in width, running to quite a narrow point at the southwest end, being higher at the middle than either end. It is the divide between the waters that flow into the Great Basin and those emptying into the Colorado River. A very large spring rises in the south end of the narrow part. It was on the north side of this spring the emigrants were camped. The bank rises from the spring eight or ten feet, then extends off to the north about two hundred yards, on a level. A range of hills is there reached, rising perhaps fifty or sixty feet. Back of this range is quite a valley, which extends down until it has an outlet, three or four hundred yards below the spring, into the main meadow.

"The first attack was made by going down this ravine, then following up the bed of the spring to near it, then at daylight firing upon the men who were about the camp-fires,—in which attack ten or twelve of the emigrants were killed or wounded;

the stock of the emigrants having been previously driven behind the hill, and up the ravine.

"The emigrants soon got in condition to repel the attack, shoved their wagons together, sunk the wheels in the earth, and threw up quite an intrenchment. The fighting after continued as a siege; the assailants occupying the hill, and firing at any of the emigrants that exposed themselves, having a barricade of stones along the crest of the hill as a protection. The siege was continued for five days, the besiegers appearing in the garb of Indians. The Mormons, seeing that they could not capture the train without making some sacrifice of life on their part, and getting weary of the fight, resolved to accomplish by strategy what they were not able to do by force. The fight had been going on for five days, and no aid was received from any quarter, although the family of Jacob Hamlin, the Indian agent, were living in the upper end of the Meadow, and within hearing of the reports of the guns.

"Who can imagine the feelings of these men, women, and children, surrounded, as they supposed themselves to be, by savages? Fathers and mothers only can judge what they must have been. Far off, in the Rocky Mountains, without transportation,—for their cattle, horses and mules had been run off,—not knowing what their fate was to be,—we can but poorly realize, the gloom that pervaded the camp.

"A wagon is descried, far up the Meadows. Upon its nearer approach, it is observed to contain armed men. See! now they raise a white flag! All is joy in the corral. A general shout is raised, and in an instant, a little girl, dressed in white, is placed at an opening between two of the wagons, as a response to the signal. The wagon approaches; the occupants are welcomed into the corral, the emigrants little suspecting that they were entertaining the fiends that had been besieging them.

"This wagon contained President Haight and Bishop John D. Lee, among others of the Mormon Church. They professed to be on good terms with the Indians, and represented the Indians as being very mad. They also proposed to intercede, and settle the matter with the Indians. After several hours of parley, they, having apparently visited the Indians, gave the ultimatum of the Indians; which was, that the emigrants should march out of their camp, leaving everything behind them, even their guns. It was

promised by the Mormon bishops that they would bring a force, and guard the emigrants back to the settlements.

"The terms were agreed to,—the emigrants being desirous of saving the lives of their families. The Mormons retired, and subsequently appeared at the corral with thirty or forty armed men. The emigrants were marched out, the women and children in front, and the men behind, the Mormon guard being in the rear. When they had marched in this way about a mile, at a given signal, the slaughter commenced. The men were most all shot down at the first fire from the guard. Two only escaped, who fled to the desert, and were followed 150 miles before they were overtaken and slaughtered.

"The women and children ran on, two or three hundred yards further, when they were overtaken, and with the aid of the Indians they were slaughtered. Seventeen only of the small children were saved, the eldest being only seven years. Thus, on the 10th day of September, 1857, was consummated one of the most cruel, cowardly, and bloody murders known in our history. Upon the way from the Meadows, a young Indian pointed out to me the place where the Mormons painted and disguised themselves.

"I went from the Meadows to Cedar City; the distance is thirty-five or forty miles. I contemplated holding an examining court there, should Gen. Johnson furnish me protection, and also protect witnesses, and furnish the Marshal a posse to aid in making arrests. While there I issued warrants, on affidavits filed before me, for the arrest of the following named persons:—

"Jacob Haight, President of the Cedar City Stake; Bishop John M. Higbee and Bishop John D. Lee; Columbus Freeman, William Slade, John Willis, William Riggs, —— Ingram, Daniel McFarlan, William Stewart, Ira Allen and son, Thomas Cartwright, E. Welean, William Halley, Jabes Nomlen, John Mangum, James Price, John W. Adair, —— Tyler, Joseph Smith, Samuel Pollock, John McFarlan, Nephi Johnson, —— Thornton, Joel White, —— Harrison, Charles Hopkins, Joseph Elang, Samuel Lewis, Sims Matheney, James Mangum, Harrison Pierce, Samuel Adair, F. C. McDulange, Wm. Bateman, Ezra Curtis, and Alexander Loveridge.

"In a few days after arriving at Cedar City, Capt. Campbell arrived, with his command, from the Meadows; on his return, he advised me that he had received orders, for his command entire,

to return to Camp Floyd; the General having received orders from Washington that the military should not be used in protecting the courts, or in acting as a posse to aid the Marshal in making arrests.

"While at Cedar City I was visited by a number of apostate Mormons, who gave me every assurance that they would furnish an abundance of evidence in regard to the matter so soon as they were assured of military protection. In fact, some of the persons engaged in the act came to see me in the night, and gave a full account of the matter,—intending when protection was at hand, to become witnesses. They claimed that they had been forced into the matter by the bishops. Their statements corroborated what the Indians had previously said to me. Mr. Rodgers, the Deputy Marshal, was also engaged in hunting up the children, survivors of the massacre. They were all found in the custody of the Mormons. Three or four of the eldest recollect and relate all the incidents of the massacre, corroborating the statements of the Indians, and the statements made by the citizens of Cedar City to me.

"These children are now in the south part of Missouri, or north part of Arkansas; their testimony could soon be taken, if desired. No one can depict the glee of these infants, when they realized that they, were in the custody of what they called 'the Americans,'—for such is the designation of those not Mormons. They say they never were in the custody of the Indians. I recollect of one of them, 'John Calvin Sorrow,' after he found he was safe, and before he was brought away from Salt Lake City, although not yet nine years of age, sitting in a contemplative mood, no doubt thinking of the extermination of his family, saying: 'Oh, I wish I was a man; I know what I would do; I would shoot John D. Lee; I saw him shoot my mother.' I shall never forget how he looked.

"Time will not permit me to elaborate the matter. I shall barely sum up, and refer every member of this House, who may have the least doubt about the guilt of the Mormons in this massacre, and the other crimes to which I have alluded, to the evidence published in the appendix hereto."

To the foregoing thrilling recital, I will only add:—The train consisted of 40 wagons, 800 head of cattle, and about 60 horses and mules. As near as can be ascertained, there

were about 150 men and women, besides many children. They passed through Salt Lake City, and were there joined by some few Mormons, who were disaffected, and sought to travel under their protection.

A revelation from Brigham Young, as Great Grand Archee, or God, was despatched to President J. C. Haight, Bishop Higbee, and J. D. Lee, commanding them to raise all the forces they could muster and trust, follow those cursed gentiles (so read the revelation), attack them, disguised as Indians, and with the arrows of the Almighty make a clean sweep of them, and leave none to tell the tale; and if they needed any assistance, they were commanded to hire the Indians as their allies, promising them a share of the booty. They were to be neither slothful nor negligent in their duty, and to be punctual in sending the teams back to him before winter set in, for this was the mandate of Almighty God.

On the following day a council of all the faithful was held at Cedar City. Many attended from the neighboring settlements; the revelation was read, and the destiny of the unsuspecting emigrants sealed. Plans were suggested, discussed, and adopted, and the men designated to carry out their hellish designs. Instructions were given for them to assemble at a small spring, but a short distance to the left of the road leading into the Meadows,—a number of intervening hills rendering it a fit place for concealment. Here they painted and disguised themselves as Indians, and when ready to commence operations, by a well-known Indian trail proceeded to the Meadows.

For the benefit of those who may still be disposed to doubt the guilt of Young and his Mormons in this transaction, the testimony is here collated, and circumstances given, which go, not merely to implicate, but to fasten conviction upon them, by "confirmations strong as proofs from Holy Writ."

1. The evidence of Mormons themselves, engaged in the

affair, as shown by the statements of Judge Cradlebaugh and Deputy-Marshal Rodgers.

2. The statements of Indians in the neighborhood of the massacre: these statements are shown, not only by Cradlebaugh and Rodgers, but by a number of military officers, and by J. Forney, who was, in 1859, Superintendent of Indian Affairs for the Territory. To all these were such statements freely and frequently made by the Indians.

3. The testimony of the children saved from the massacre.

4. The children and the property of the emigrants found in possession of the Mormons, and that possession traced back to the very day after the massacre.

5. The failure of Brigham Young to embody any account of it in his Report as Superintendent of Indian Affairs. Also his failure to make any allusion to it whatever from the pulpit, until several years after the occurrence.

6. The failure of the "Deseret News," the Church organ, and the only paper then published in the Territory, to notice the massacre, until several months afterward, and then only to deny that Mormons were engaged in it.

7. The flight to the mountains of men high in authority in the Mormon Church and State, when this affair was brought to the ordeal of a judicial investigation.

8. The testimony of R. P. Campbell, Capt. 2d Dragoons, who was sent in the spring of 1859 to Santa Clara, to protect travellers on the road to California, and to inquire into Indian depredations.

In his report to Major E. J. Potter, Assistant Adjutant-General U. S. Army, dated July 6, 1859, he says:—

"These emigrants were here met by the Mormons (assisted by such of the wretched Indians of the neighborhood as they could force or persuade to join), and massacred, with the exception of such infant children as the Mormons thought too young to remember, or tell of the affair.

"The Mormons were led on by John D. Lee, then a high dignitary in the self-styled Church of Jesus Christ of Latter Day Saints, and Isaac Haight, now a dignitary in the same."

Again, after relating briefly the massacre, he says:—

"These facts were derived from children who did remember, and could tell of the matter; from Indians, and from the Mormons themselves."

9. The testimony of Hon. J. Forney, Superintendent of Indian Affairs.

In his letter to the Commissioner of Indian Affairs at Washington, dated Provo City, U. T., March, 1859, he says:—

"Facts in my possession warrant me in estimating that there was distributed, a few days after the massacre, among the leading church dignitaries, $30,000 worth of property."

Again, in another letter to the Commissioner, written from Great Salt Lake City, in August of the same year, he says:—

"From the evidence in my possession, I am justified in the declaration that this massacre was concocted by white men, and consummated by whites and Indians. The names of many of the whites engaged in this terrible affair have already been given to the proper legal authorities. . . . The children were sold out to different persons in Cedar City, Harmony, and Painter Creek. Bills are now in my possession from different individuals, asking payment from the Government. I cannot condescend to become the medium of even transmitting such claims to the Department."

The following is from the Annual Report of Superintendent Forney, made in September, 1859:—

"Mormons have been accused of aiding the Indians in the commission of this crime. I commenced my inquiries without prejudice or selfish motive, and with the hope that, in the progress of my inquiries, facts would enable me to exculpate all white men from any participation in this tragedy, and saddle the guilt exclusively on the Indians; but, unfortunately, every step in my inquiries satisfied me that the Indians acted only a secondary part. . . . White men were present, and directed the Indians. John D. Lee, of Harmony, told me in his own house, last April, in

presence of two persons, that he was present three successive days during the fight, and was present during the fatal day." . . .

We close the testimony of Forney, by giving entire a letter from him to the Department at Washington,—

"Superintendent's Office, Utah, Great Salt Lake City, September 22, 1859.

"Sir,—Your letter dated July 2, in which you request me to ascertain the names of white men, if any, implicated in the Mountain Meadow massacre, reached me several weeks since, about 300 miles west of this city.

"I gave, several months ago, to the Attorney-General, and several of the United States Judges, the names of those who I believed were not only implicated, but the hell-deserving scoundrels who concocted, and brought to a successful termination the whole affair.

"The following are the names of the persons the most guilty: Isaac T. Haight, Cedar City, president of several settlements south; Bishop Smith, Cedar City; John D. Lee,[69:A] Harmony; John M. Higby, Cedar City; Bishop Davis, David Tullis, Santa Clara; Ira Hatch, Santa Clara. These were the cause of the massacre, aided by others. It is to be regretted that nothing has yet been accomplished towards bringing these murderers to justice. I remain,

"Very respectfully, your obedient servant,

"J. Forney,

"Sup't of Indian Affairs, Utah Territory.

"Hon. A. B. Greenwood,

"Commiss'r Indian Affairs, Washington, D. C."

So far as Brigham Young himself is concerned, the evidence is not so direct, but is scarcely less conclusive.

In addition to the circumstances mentioned, of his failing to report the massacre, or to make any mention of it in his public discourses, and the testimony of the Indians, already referred to; in addition also to the facts concerning the revelation sent from him,—facts communicated by one intimately acquainted with the secret history of the church; in addition

to these things, if we reflect for a moment upon the framework of the Mormon Church, we will find therein still more cogent evidence.

The organization of the church is such, that no project of importance is ever undertaken without the express or implied consent of Young, who is in temporal, as well as spiritual matters, the head and source of all authority. Now here was a large train which had lately passed through the place where Young resided, and his feelings and views in relation to it would be well known to the leaders of the church. Can it for a moment be admitted, that members of a community so organized would undertake so important a project as the destruction of that train, requiring, as it did, the concerted action of forty or fifty persons, without the express or implied sanction of him who sat at the head of the community, controlling its every action?

And if such a thing can be supposed possible, would not the perpetrators be immediately called to account for assuming so much responsibility? Reason and evidence all point one way; and add this to the many other acts which stamp Brigham Young as a murderer of the deepest dye,—adding to the guilt of homicide that of blasphemy and hypocrisy.

What was the motive which prompted the act? Partly revenge. These emigrants were from Missouri and Arkansas, the scenes of the alleged injuries and persecutions of the Mormons. It was soon after the killing of Parley P. Pratt, in Arkansas, by McLane, whose wife Pratt had abducted. It was at the time, too, when the United States troops were marching to Utah, and a feeling of revenge and retaliation was prevalent, and was, as has been shown, fostered and encouraged by Brigham in his sermons.

But the principal motive was plunder. The train was a very wealthy one. The spoil of the gentile was before them, and it must be appropriated by the Lord's people.

A great portion of the property was taken to Cedar City,

deposited in the tithing office, and there sold out. Forney says, in the Annual Report already quoted from,—

"Whoever may have been the perpetrators of this horrible deed, no doubt exists in my mind that they were influenced chiefly by a determination to acquire wealth by robbery."[71:A]

It is not within the scope of this work to enter into a relation of the many other murders and outrages committed by the authority or connivance of the Mormon Church. This is given as the most notable one,—"ex uno disce omnes." Those who wish to examine into these crimes more fully, are referred to the appendix to the printed speech of Judge Cradlebaugh.

The "Mormon War" having closed, the federal officers, as soon as practicable, assumed their functions, and proceeded to transact business. Federal courts were held, and the authority of the United States again, at least nominally, established in Utah.

In October, 1858, Judge Sinclair opened his court in Salt Lake City. Efforts were made to bring several noted criminals to justice, but everything failed. In the grand jury-room no indictments were found, and murderers and thieves were allowed to go "scot free."

At this term of court a motion was made to expel James Ferguson from the bar, for contempt of court. Ferguson offered to retire from the bar, which was not accepted. He then proposed to plead guilty; but the Judge said, as it was alleged that a Judge of the United States had been insulted

and intimidated, when in the discharge of his official duty, it was important that the country be put in possession of the facts, and no plea of crimination or stultification should prevent an exposure.

The grand jury did, finally, in this case, make the following presentment:—

"The grand jury find, that James Ferguson, of G. S. L. City, U. T., did use language and threats calculated to intimidate Judge George P. Stiles, U. S. District Judge, while in the discharge of his official duties, and presiding as Judge of this District Court, at the February Term, 1857.

"Eleazer Miller, Foreman."

The right of trial by jury is one guaranteed by the Constitution, and with which it would be highly dangerous to interfere, except in cases of extreme necessity, involving the safety of a whole people or community. The Mormons, with their usual shrewdness, take advantage of this, and manage to control the United States Courts through the grand and petit juries. The following extracts will show how it is done.

March 2d, 1856, in his remarks, made in the Tabernacle, Jedediah M. Grant, then one of the "President's" counsellors, said:—

"Last Sunday, the President chastised some of the Apostles and Bishops, who were on the grand jury. Did he fully succeed in clearing away the fog which surrounded them, and in removing blindness from their eyes? No, for they could go to their room and again disagree; though to their credit it must be admitted that a brief explanation made them unanimous in their action."

Again, in the same connection, Grant, speaking of a trial-jury, continues,—

"Several have got into the fog, to suck and eat the filth of a gentile court; ostensibly a court in Utah."

Here is the highest evidence of the direct interference of

Brigham Young with the right of trial by jury, and the prostitution of the jury-box to the accomplishment of his schemes. How could he strike a more fatal blow at our free institutions, or at the rights and liberties of American citizens who may happen to live within the sphere of his influence? For this alone he should be hurled from the defiant position he occupies, and brought to the bar of impartial justice.

Though the evidence was perfectly plain and conclusive in the case of Ferguson, he was acquitted. Comment is unnecessary.

The Judge, finding all efforts to bring criminals to justice unavailing, adjourned his court sine die.

The Mormon Legislature had never made provision for defraying the expenses of the United States Courts, while doing territorial business, though their attention had frequently been called to the necessity of so doing. Their object was to throw all the business into the probate courts; and in this they eventually succeeded, except in the court presided over by Judge Kinney,—the only one, after the "war," which acted simply as an adjunct and instrument of the church authorities.

"During the sitting of Judge Sinclair's court, the Mormon grand jury promptly found a bill of indictment against one Ralph Pike, a sergeant in Company I, of the 10th Infantry, United States Army, for an assault with intent to kill, committed upon one Howard Spencer, the son of a Mormon bishop, at the military reserve, in Rush Valley. Upon capias issued, Pike was arrested, and brought to Great Salt Lake City. The day following, August 11, 1858, about twelve o'clock, M., as Pike was entering the Salt Lake House, on Main Street, Spencer stepped up to him from behind, saying, 'Are you the man that struck me in Rush Valley?' at the same time, drawing his pistol, shot him through the side, inflicting a mortal wound. Spencer ran across the street, mounted his horse, and rode off, accompanied by several noted 'Danites.' Pike lingered in dreadful agony, two days, before he died. The 'Deseret News,' in its next issue, lauded young Spencer for his courage and bravery.

"A man by the name of Drown, brought suit upon a promissory note for $480, against the Danite captain, Bill Hickman. The case being submitted to the court, Drown obtained a judgment. A few days afterwards, Drown and a companion, named Arnold were stopping at the house of a friend in Salt Lake City, when Hickman, with some seven or eight of his band, rode up to the house, and called for Drown to come out. Drown, suspecting foul play, refused to do so, and locked the doors. The Danites thereupon dismounted from their horses, broke down the doors, and shot down both Drown and Arnold. Drown died of his wounds next morning, and Arnold a few days afterwards. Hickman and his band rode off unmolested.

"Thus, during a single term of the court, held in a Mormon community, the warm life-blood of three human victims is shed upon the very threshold of the court; and although the grand jury is in session, no prosecution is attempted, and not one of the offenders brought to justice."

Judge Cradlebaugh was assigned to the Second Judicial District, and held his first term of court in Provo City, commencing April 8th, 1859. An account of his efforts to bring to justice the Mountain Meadow and other murderers has already been given in his own language.

The following notice of this bold and energetic man is from the "Nevada Territorial Enterprise":—

"Judge Cradlebaugh, of the United States Court of Utah, is making his mark in that Territory, if half that is written of him is true. . . . . Satisfied that many of the leading Mormons had taken part in or instigated the Mountain Meadow massacre, and the murder of Jones, Potter, Forbes, Parrish, and a dozen others, he determined to bring them to punishment. . . . . He spoke and acted with the fearlessness and resolution of a Jackson; but the jury failed to indict, or even report on the charges, while threats of violence were heard in every quarter, and an attack on the troops intimated, if he persisted in his course.

"Finding that nothing could be done with the juries, they were discharged, with a scathing rebuke from the Judge. Sitting as a committing magistrate, he commenced his task alone. He examined witnesses, made arrests in every quarter, and created a

consternation in the camps of the saints, greater even than was occasioned by the arrival of the troops within the walls of Zion. At last accounts, terrified elders and bishops were decamping to save their necks; and developments of the most startling character were being made, implicating the highest church dignitaries in the many murders and robberies committed upon the gentiles during the past eight years."

Governor Cumming did not sustain Judge Cradlebaugh, but, under the pretence of impartiality, sought to screen the Mormons from the demands of justice.

Hence various differences between Cumming on one side, and Johnson and Cradlebaugh on the other; and on one occasion the Governor went so far as to publish his protest against the use of the troops in aid of Cradlebaugh's proceedings.

Cumming was a native of Georgia. He had married a daughter of one of the most distinguished physicians of Boston, a lady of many accomplishments, who accompanied him to Utah.

During the dreadful reign of the cholera in 1836 he was Mayor of Augusta, Ga., and is said to have rendered efficient service in saving the lives of the citizens.

For some years he was stationed at Jefferson Barracks, Missouri. At the commencement of the Mexican war he was at Point Isabel, and afterwards on the Southern line, attached to General Scott's staff. Subsequently he was detailed by the Government to visit several tribes of Indians in the far West.

He had performed some service to the country, and was a man of many good qualities; but was very vain, and fond of attention, and was unable to withstand the seductive influences which the Mormons know so well how to bring to bear upon persons of his organization.

Cradlebaugh, finding he was not supported by Buchanan's administration, left Utah, and settled in the Territory of Nevada; whence he has been twice sent as delegate to Congress,

and we look to see him, at no distant day, represent the new State of Nevada in the Senate of the United States.

In 1860 John F. Kinney was reappointed Chief Justice, succeeding Judge Eckels; and Judges Crosby and Flenniken were appointed Associate Justices, to succeed Sinclair and Cradlebaugh. Judge Cradlebaugh did not resign, and not recognizing the right of the President to remove the Judges, he continued to perform the duties of his office for some time afterward.

On the 3d of October, 1861, John W. Dawson, of Indiana, was appointed by President Lincoln as Governor of Utah, to succeed Cumming, who had left the Territory some months previous.

In the appointment of Dawson, Lincoln, to use his own language, was "imposed on." The Senate relieved him from the imposition, by refusing to confirm the appointment.

The Mormons, however, anticipated the action of the Senate, and speedily ejected Dawson from the governorship. The history of this émeute is briefly as follows:—

Dawson arrived at Salt Lake about the commencement of the session of the Legislature. Having some notions of his own concerning legislative affairs, and not yielding, like his predecessor, to all the views of Brigham Young, he soon became involved in difficulties from which he was unable to extricate himself. He had not the nerve and ability to sustain himself in his position. The Mormons saw this, and at once resolved upon, planned, and accomplished a brilliant coup d'état, similar to that practised upon Steptoe. Without going into details, the plan may be seen by the result; which was the affidavit of a widow woman named Williams, to the effect that Dawson had insulted her, by making improper advances, which, of course, she had scornfully repelled and rejected.

The indignation of the Mormons was aroused to the highest pitch by this base attempt upon Mormon virtue. Threats were made so freely, that the Governor became

very much alarmed, and precipitately fled the Territory. Not satisfied with this, the "boys" waylaid him at one of the stations, and gave him a severe beating.

In contemplating this serio-comic affair, one hardly knows which most to condemn, the lawless spirit which prompted such treatment, or the timidity and weakness which would submit to it.

About the 1st of February, 1862, Judges Flenniken and Crosby left Salt Lake City, and the federal officers there immediately advised the President of the fact by telegraph, and recommended the appointment of their successors. Accordingly on the 3d of February, 1862, Thomas J. Drave, of Michigan, and Charles B. Waite, of Illinois, were appointed Associate Justices, and on the 31st of March following, Stephen S. Harding, of Indiana, was appointed Governor, to succeed Dawson.

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FOOTNOTES:

[69:A] John D. Lee is an adopted son of Brigham Young.

[71:A] Several years after the massacre, Major, now General Carlton, visited that region and erected a monument to the memory of the slain. "It was constructed by raising a large pile of rock, in the centre of which was erected a beam, some twelve or fifteen feet in height. Upon one of the stones he caused to be engraved, 'Here lie the bones of one hundred and twenty men, women, and children, from Arkansas, murdered on the 10th day of September, 1857.' Upon a cross-tree, on the beam, he caused to be painted: 'Vengeance is mine, saith the Lord, and I will repay it.' This monument is said to have been destroyed the first time Brigham visited that part of the Territory."

---

CHAPTER VI.
POLITICAL HISTORY CONTINUED.

Arrival of the New Federal Officers in July, 1862.—Colonel Connor arrives with his Command.—The Message of Gov. Harding.—The Mormons Indignant.—The Legislature refuse to print the Message.—Action of the United States Senate thereon.—Forgery in the Mormon Legislature.—Bill of Judge Waite to amend the Organic Act.—Indignation Meeting.—Governor Harding and Judges Waite and Drake requested to leave the Territory.—Their Replies.—Brigham.—The Federal Officers.

Judges Drake and Waite arrived in Salt Lake City on the 11th of July, 1862. Governor Harding had arrived a few days previous.

For several months everything passed off smoothly, and Brigham was more than once heard to say the officers now in the Territory were "good men." No circumstances occurred to develop any differences, and it was hoped by the federal officers themselves that none would arise.

In the mean time, in October of the same year, Colonel (now General) Connor marched into and through Salt Lake City with his command, and established his camp on the "bench," or high land, about three miles east of the city. His forces at that time consisted of the Third Regiment of Infantry, California Volunteers, and the Second Regiment of Cavalry, under command of Col. George S. Evans.

Some little excitement was caused by the entrance of the troops, and rumors were rife of threats having been made by the Mormons that the volunteers should never "cross the Jordan," a stream a few miles south of the city, and which was directly on their line of march. But the Jordan was crossed, the camp established, and everything went on as

usual, until the meeting of the Territorial Legislature in December.

Then the pent-up fires began to break forth. The first pretext used by the Mormons for indulging in words and acts of hostility was the Message of Governor Harding to the Legislature. Therein he called the attention of the people, through their representatives, to the practice of polygamy in their midst, to the anomalous state of society it tended to establish, to its incompatibility with our free institutions, and especially to its violation of an Act of Congress recently passed.

The following are the portions of the Message which gave most offence:—

"Polygamy.

"It would be disingenuous if I were not to advert to a question which, although seemingly it has nothing to do in the premises, yet is one of vast importance to you as a people, and which cannot be ignored. I mean that institution which is not only commended but encouraged by you, and which, to say the least of it, is an anomaly throughout Christendom. I mean polygamy, or, if you prefer the term, plurality of wives. In approaching this delicate subject, I desire to do so in no unkind or offensive spirit; yet the institution, founded upon no written statute of your Territory, but upon custom alone, exists. . . .

"I lay it down as a sound proposition, that no community can happily exist with an institution so important as that of marriage wanting in all those qualities that make it homogeneal with institutions and laws of neighboring civilized communities having the same object.

"Anomalies in the moral world cannot long exist in a state of mere abeyance; they must, from the very nature of things, become aggressive, or they will soon disappear, from the force of conflicting ideas.

"This proposition is supported by the history of our race, and is so plain that it may be set down as an axiom. If we grant this to be true, we may sum up the conclusion of the argument as follows: either the laws and opinions of the communities by which you are surrounded must become subordinate to your customs and

opinions, or, on the other hand, yours must yield to theirs. The conflict is irrepressible.

"But no matter whether this anomaly shall disappear or remain amongst you, it is your duty at least to guard it against flagrant abuses. That plurality of wives is tolerated and believed to be right, may not appear so strange; but that a mother and her daughters are allowed to fulfil the duties of wives to the same husband, or that a man could be found in all Christendom who could be induced to take upon himself such a relationship, is, perhaps, no less a marvel in morals than in matters of taste.

"The bare fact that such practices are tolerated amongst you is sufficient evidence that the human passions, whether excited by religious fanaticism or otherwise, must be restrained and subjected to laws, to which all must yield obedience. No community can long exist, without absolute social anarchy, unless so important an institution as that of marriage is regulated by law. It is the basis of our civilization, and in it the whole question of the descent and distribution of real and personal estate is involved.

"Much to my astonishment, I have not been able to find any law upon the statutes of this Territory regulating marriage. I earnestly recommend to your early consideration the passage of some law that will meet the exigencies of the people.

"Act of Congress against Polygamy.

"I respectfully call your attention to an Act of Congress, passed the 1st day of July, 1862, entitled 'An Act to punish and prevent the practice of polygamy in the Territories of the United States, and in other places, and disapproving and annulling certain Acts of the legislative assembly of Utah,' (chap. cxxvii. of the Statutes at Large of the last session of Congress, page 501.) I am aware that there is a prevailing opinion here that said Act is unconstitutional, and therefore it is recommended by those in high authority that no regard whatever should be paid to the same; and still more to be regretted, if I am rightly informed, in some instances it has been recommended that it be openly disregarded and defied, merely to defy the same.

"I take this occasion to warn the people of this Territory against such dangerous and disloyal counsels. Whether such Act is unconstitutional or not, is not necessary for me either to affirm or deny. The individual citizen, under no circumstances

whatever, has the right to defy any law or statute of the United States with impunity. In doing so he takes upon himself the risk of the penalties of that statute, be they what they may, in case his judgment should be in error.

"The Constitution has amply provided how and where all such questions of doubt are submitted and settled, namely, in the courts constituted for that purpose. To forcibly resist the execution of that Act would be, to say the least, a high misdemeanor; and if a whole community should become involved in such resistance, would call down upon it the consequences of insurrection and rebellion.

"I hope and trust that no such rash counsel will prevail. If, unhappily, I am mistaken in this, I choose to shut my eyes to the consequences.

"Liberty of Conscience.

"Amongst the most cherished and sacred rights secured to the citizen of the United States, is the right to worship God according to the dictates of conscience. . . .

"Religion was left a matter between man and his Maker, and not between man and the Government.

"But here arises a most important question,—a question perhaps that has never yet been asked or fully answered in this country,—How far does the right of conscience extend? Is there any limit to this right?—and if so, where shall the line of demarcation be drawn, designating that which is not forbidden from that which is? This is, indeed, a most important question, and from the tendency of the times, must sooner or later be answered. I cannot, and will not, on this occasion, pretend to answer this question; but will venture the suggestion, that when it is answered, the same rules will be adopted as if the freedom of speech and of the press were involved in the argument.

. . . "There can be no limit beyond which the mind may not dwell, and our thoughts soar in our aspirations after truth. We may think what we will, believe what we will, and speak what we will, on all subjects of speculative theology. . . . But when religious opinions assume new manifestations, and pass from the condition of mere sentiment into overt acts,—no matter whether they be acts of faith or not,—they must not outrage the

opinions of the civilized world, but, on the other hand, must conform to those usages established by law, and which are believed to underlie our very civilization."

In the same Message, the Governor, after giving his views upon the national topics of the day, fully sustaining the Administration and the war, proceeded to discuss all the more prominent subjects of local interest in the Territory. He referred to the attempts to procure the admission of the State of Deseret into the Union,—giving it as his opinion that those attempts were premature. He referred to provisions of the Organic Act, and claimed the right to nominate to the Council all general territorial officers. These had formerly been elected by the Legislature.

He recommended a thorough revision and codification of the statutes; a change in the mode of voting; referred to the financial condition of the Territory; adverted to the Indian troubles; advised the organization of a common-school system, and closed by assuring them of his willingness and desire to work with them for the common good and welfare of the people of the Territory.

The question of polygamy was boldly met and temperately discussed in this Message, and the people warned against the consequences of disobedience to the Act of Congress. Anything less than this on the part of the Governor would have been simply a neglect of duty.

Yet the Mormons were very indignant, and professed to look upon that portion of the Message as exceedingly hostile and offensive in its character. Their religion had been attacked by the federal authorities!

It may be well here to remark, for the benefit of the tender-footed upon this subject, that polygamy is no part of the Mormon religion, so far as the same has any history, and can be distinguished from the personal edicts of Brigham Young. It is not only not permitted but explicitly condemned in the "Book of Mormon" and the "Book of Doctrines and Covenants," which are the Old and New Testaments of Mormonism.

This subject is more fully examined in the [last chapter] of this work.

From the delivery of this Message, the treatment which the Governor received at the hands of the Mormons was entirely changed. From respect it was immediately changed to disrespect and contumely. No contemptuous treatment was too marked, no indignity was too great, to be heaped upon him, for this simple performance of his duty as a sworn officer of the United States Government.

The Message was never printed by the Legislature. The Journals did not even show that the Governor ever appeared before that body for any purpose whatever.

The fact that the Message was not published having been communicated to Washington, a resolution was introduced into the Senate of the United States on the 16th of January, 1863, instructing the Committee on Territories to inquire and report whether the publication of the Message of the Governor of the Territory of Utah to the Territorial Legislature had been suppressed, and if so by what causes, and what was the Message.

In response to this resolution Mr. Wade, chairman of the Committee, on the 13th of February, submitted a Report, accompanied by a resolution, which was adopted, that one thousand copies of the Message be printed, and sent to the Governor for distribution.

This Report of the Committee was less complimentary to the Mormons than the Message itself.

The following extracts will indicate the character of the document:—

"In pursuance of the instruction contained in this resolution, your committee have the honor to report, that they have collected all the facts, and taken all the testimony within their reach,—the substance of which, together with a copy of the Message, is herewith presented.

"These sources of information disclose the fact, that the customs which have prevailed in all our other Territories in the government

of public affairs have had but little toleration in the Territory of Utah; but in their stead there appears to be, overriding all other influences, a sort of Jewish theocracy, graduated to the condition of that Territory.

"This theocracy, having a supreme head who governs and guides every affair of importance in the Church, and, practically, in the Territory, is the only real power acknowledged here, and to the extension of whose interests every person in the Territory must directly or indirectly conduce. . . .

"We have here the first exhibition, within the limits of the United States, of a Church ruling the State. . . .

"Another opinion—the subject of both public and private teaching—is, that the Government of the United States will not and ought not to stand. They make a difference between the Constitution and the Government of the United States; to the Constitution they claim to be very loyal.

. . . "Because the Governor, in his Message, has animadverted upon some of the customs of the Mormons, and has recommended that steps be taken to Americanize the same, he has given offence, and has had his Message suppressed.

"Polygamy of the most unlimited character, sanctioning the cohabitation of a man with the mother and her daughters indiscriminately, is not the only un-American thing among them.

. . . "The Message, on examination, is found to contain nothing that should give offence to any legislature willing to be governed by the laws of morality.

"It is the opinion of your Committee that the Message is an able exposition of the manners and customs of the people in that Territory, and as such, brought down the censure of the leaders of the Mormon Church, and were it not for the animadversions therein contained, it would not have been suppressed."

The printing and distribution of the Message is then recommended.

During the session of the Legislature an event occurred which caused much indignation among the federal officers, and served to render somewhat mutual the feelings of hostility which the leading saints already entertained. This was nothing less than a forgery committed in the Legislature upon a bill relating to the terms of one of the District Courts.

The facts were as follows:—

The Territory was divided into three judicial districts. The First, sometimes called the Provo District, comprised a number of counties carved out of the centre of the Territory. This had been assigned to Judge Drake. The Second, called the "Cotton District," was assigned to Judge Waite, and consisted of the three southernmost counties, Beaver, Iron, and Washington. The Third District, Chief Justice Kinney's, comprised the northern part of the Territory, including Salt Lake City.

On the 14th of January, 1863, the Legislature passed a bill, which was signed by the Governor, changing the county seat of Washington County from Washington to St. George, and in the same bill it was provided that the United States Court for the transaction of territorial business, should be held at St. George, on the third Monday of May. This time was the same as that provided by the law previously in force.

This was before the assignment of the Judges had been made.

After Judge Waite had been assigned to the Second District [in which many murders had been committed, and the murderers still at large], the Legislature concluded they did not want court held in that district until fall. They accordingly passed a bill, providing, among other things, for holding the court at St. George on the third Monday of October. But as they had already passed a bill fixing the term of court in May, and as the Judge preferred to hold the term in May, that being near the time when he was intending to hold court for the transaction of United States business in the same district, the Governor declined signing the second bill.

Soon after, having occasion to examine the first bill for another purpose, he went to the Secretary's office and called for the bill, and behold, the word May had been erased, and the word October inserted instead! It appeared to have

been done by the same hand which had penned the body of the bill. This had been written by one of the clerks of the House of Representatives. The Governor, after signing the bill, had inadvertently returned it to the Legislature, and it had been sent from that body to the Secretary's office, where it should have been sent by the Governor. It had been recorded in that office before the forgery was discovered.

The Governor immediately caused the record to be corrected, changed the bill back from October to May, by erasing the word "October" and interlining the word "May." He then made a statement of the forgery and its detection, over his own signature, on the margin of the bill.

He then sent a special Message to the Legislature, calling their attention to the fact that a forgery had been committed; but, instead of taking steps to ferret out the guilty party, the Legislature made an issue of fact with the Governor, and endeavored to make out that it was all the time October, and that no forgery had been committed. When the matter was up in the House the second time, one member actually produced a paper which he averred was the original draft, and which had October in it. And this in the face of the fact, that five persons had seen the bill in the Governor's office when the word May was in it, and that the bill showed plainly, upon inspection, that it had been changed; the outline of the letter "y," in the word erased, being distinctly visible.

Thus the Legislature, by their collective action, implicated themselves all in the forgery.

On the 16th of January the Legislature adjourned, without printing the Governor's Message, or sending any appropriation bills for his signature.

The day following, "the Legislature of the State of Deseret" met, and commenced doing business under Brigham Young, as Governor. A Message was delivered, and all the forms of legislation gone through with; in reality, this

de facto government was the only one for which the Mormons maintained even the show of respect.

The judicial system of the Territory was manifestly very defective, and as constituted under the Organic Act of 1850, as the same had been construed by the Federal Judges, was inadequate to the administration of justice.

The greatest difficulty was experienced in the formation of juries, and in the extraordinary jurisdiction assumed by the Probate Judges, all of whom were Mormons.

The jurisdiction of the Probate Court, in the words of the Organic Act, was to be "as prescribed by law." Under this provision several of the United States Judges had held that it was competent in the Legislature to confer upon the Probate Courts any jurisdiction they pleased. The Mormons, never behind in availing themselves of all advantages, had accordingly granted to the Probate Courts concurrent jurisdiction with the District Courts, in all cases civil and criminal.

Again; the juries had been selected by these courts acting with other county authorities, and it was contended that the United States Courts could only try causes before juries thus selected.

To remedy these defects, and to remove all doubt as to these complicated questions, a bill was drawn by Judge Waite, for an Act of Congress amendatory of the Organic Act of 1850. It provided for the selection of United States juries by the Marshal, under the direction of the court, as in other district and territorial courts of the United States.

The question of jurisdiction was to be settled by an express provision that the Probate Court should have no jurisdiction to try any civil action whatsoever. It was to do the usual probate business, and have a limited criminal jurisdiction, subject to appeal to the District Court. The bill also provided for an organization of the militia of the Territory, under the Governor, and contained several other wholesome and salutary provisions.

The bill was carefully drawn, and was submitted to the inspection of his associate, Judge Drake, and of Governor Harding,—Judge Kinney being absent from the Territory. It received the unqualified approval of Drake and Harding, and, with their indorsement upon it, was sent to Washington. In due time it was introduced in Congress by Senator Browning, and referred to the proper committee.

The introduction of this bill was the signal for another outbreak. The news was telegraphed to Salt Lake, and immediately Brigham called a meeting at the Tabernacle.

The meeting was held on the 3d of March 1863. Notice having been extensively circulated, some two or three thousand persons assembled, excited by exaggerated statements concerning attempts upon the part of the federal officers to "interfere with their rights."

Speeches of the most inflammatory character were made at this meeting, and the resentment and indignation of the ignorant masses of the people were excited to the highest pitch. The following will serve as a specimen of these harangues.

Elder John Taylor said:—

"It has already been stated that these documents speak for themselves. They come from those who are ostensibly our guardians, and the guardians of our rights. They come from men who ought to be actuated by the strictest principles of honor, truth, virtue, integrity, and honesty, and whose high official position ought to elevate them above suspicion,—yet what are the results?

"In relation to the Governor's Message, enough, perhaps, has already been said. . .

"We had a right to look for a friend in our Governor, who would, at least, fairly represent us. Instead, we have had a most insidious foe, who, through misrepresentations, base insinuations, and falsehood, is seeking with all his power, privately as well as officially, not only to injure us before the Government, but as well to sap the very foundations of our civil and religious liberties; he is, in fact, in the furtherance of his unhallowed schemes, seeking

to promote anarchy and rebellion, and dabbling in your blood. [Cries of 'hear, hear.'] Such, it would seem, were the Governor's feelings and intentions when he concocted his Message, and such his purposes when he read it before the Legislature. That document was not hastily written, as it shows upon its face that it had been well digested, and every word and sentence carefully weighed.

. . . "That he is the most vindictive enemy we have, is shown by the statement of our representatives at Washington.

"He is the only man, it would seem, who is industriously striving to sap the interests of our people, and to injure their reputation, and yet, as our Governor, he professes to feel a deep interest in our welfare, and to represent our wishes.

"Let us, for a short time, investigate the results of his acts, should his purposes be successful, leaving the allegations of treason from our consideration. [It was contended that the Governor and Judges had committed Treason against the Territory.]

"We have thought that we were living under a republican form of government, and had the right of franchise; that we had the privilege of voting for whom we pleased, and of thus saying whom we would have represent us; but it may be that we are laboring under a mistake, and that it is but a political illusion. We have likewise thought that if any one among us was accused of crimes, it was his privilege to be tried by a jury of his peers, among whom he had lived, who would undoubtedly be the best judges of his actions.

"We have further been of the opinion that while acting in a military capacity, when called into service to stand in defence of our country's rights, we had the right of selecting our own officers. We have always had this privilege, in accordance with republican usage; but we can do so no longer should the plotting of Governor Harding and our Honorable Judges be carried into effect. We shall be deprived of franchise, of the right of trial by an impartial jury, and shall be placed, in a military capacity, under the creatures of Governor Harding, or of his successors. In other words, we shall be forever deprived of all the rights of freemen, and placed under a military despotism; such would be the result of the passage of this Act.

"Again, in regard to juries, already referred to, you know what, as regards this matter, the usage has always been. The Governor

and Judges want to place the power in the hands of the United States Marshal of selecting such jurors as he pleases, and that, too, without reference as to who they are, or whence they come. This is what is attempted to be done by our honorable Judges and Governor. Your rights as freemen, and your liberties, are aimed at; and you are to be disfranchised, and your liberties trampled under foot, by strangers, and you will have blacklegs and cut-throats sit upon your juries. Mr. Harding wants to select his own military, and have officers of his own selection to lead them, and then if you do not submit, he will have the authority to say, 'I will make you.' [Uproarious applause, and cries all over the house of 'Can't do it.'] We all know he can't do it, but this is what he is aiming at [Clapping of hands, and great cheering.] When these rights are taken away, what rights have we left? [Cries of 'None.']

"It can scarcely be credited or believed, that any man in his position could so far degrade himself as to introduce such infamous principles, and it is equally a lamentable fact to reflect upon, that men holding the high and responsible position of United States Judges could so far forget themselves as to descend to such depravity, corruption, and injustice. [Applause.] These things are so palpable, that 'he that runneth may read,' and any man with five grains of common sense can readily comprehend them. It is for you to say whether you are willing to sustain such men in the capacity they act in, or not." [Loud clapping of hands, and a universal and emphatic cry of "No!" on the part of the audience.]

Brigham Young's Speech.

At the close of Elder Taylor's speech Brigham arose, and on advancing to the speaker's desk was greeted with vociferous applause, and immediately proceeded to address the assemblage as follows:—

"I have no intention of delivering a lengthy address, but while I am speaking I desire the audience to remain quiet. I know well your feelings, but much prefer that you should suppress any demonstrations of applause to other times and places, when you may have less business and greater leisure.

"You have just heard read the Message of Governor Harding,

delivered to the last Legislative Assembly of this Territory. You will readily perceive that the bread is buttered, but there is poison underneath. When he came to Utah last July, the Governor sought to ingratiate himself into the esteem of our prominent citizens, with whom he had early intercourse, and professed great friendship and attachment for the people of the Territory. He was then full of their praises, and said he was ready to declare that he would stand in the defence of polygamy, or that he should have to deny the Bible; and stated that he had told the President, prior to leaving Washington, that if he were called upon to discuss the question, he would have to take the side of polygamy, or to renounce the authority of the Scriptures.

"In the face of all these professions, what has been his course? While being fair of speech, and specious of promise, and lavish in his expressions of good-will toward us, he has been insidiously at work to prejudice the General Government against us, and in the secrecy of his private room has concocted measures which he urged upon Congress to pass, which, if successful, would deprive us of the dearest rights of freemen, and render us the abject subjects of this man, who has been sent here to govern the Territory. Man, did I say?—thing, I mean,—a nigger-worshipper,—a black-hearted abolitionist is what he is, and what he represents; and that I do naturally despise. He wants to have the telegraph torn down, and the mails stopped and turned by the way of Panama. Do you acknowledge this man Harding for your Governor? [Voices all through the audience responded, 'No, you are our Governor.'] Yes, I am your Governor; and I will let him know that I am Governor; and if he attempts to interfere in my affairs, 'Woe, woe unto him!' [Shaking his uplifted fist in a very excited manner, which was responded to with loud applause, and cries of 'Yes, you are our Governor.']

"Will you allow such a man to remain in the Territory? [Voices, 'No; put him out.'] Yes, I say put him out. Judges Waite and Drake are perfect fools, and the tools of Governor Harding, and they too must leave. If all three do not resign, or if the President does not remove them, the people must attend to it.

"If they could get the power, as they want to do, to have the Marshal choose jurors of cut-throats, blacklegs, soldiers, and desperadoes from California, and we are to be tried by such men, what would become of us?

"In regard to the war now desolating the country, it is but the fulfilment of the prophecies of Joseph Smith, which he told me thirty years ago. Brother Joseph said that the South would rise against the North, and the North against the South, and that they would fight until both parties were destroyed; and for my part I give it God speed; for they have spilt the blood of the Prophet. [To which the audience responded vociferously, 'Amen!']

"I would like to live in peace with the Government of the United States, but have no desire to live with the people who have brought ruin and disgrace upon their own heads. I do not wish to live in, or have anything to do with the United States; I will have a free and independent government for myself, where I may live and enjoy my civil and religious liberties. [Loud cries of 'Amen,' and 'Yes, yes,' on the part of the entire assemblage.]

"When our rights, and the protection of our liberties are taken from us, what is there remaining? [Voices, 'Nothing,' 'Nothing.'] Yes, service to despots,—service to tyrants."

Brigham also said that money had been appropriated for the purpose of turning the mail by the way of Panama; and these men were not above taking money for such a purpose, under pretence of other business.

The injustice and falsity of these statements concerning the bill introduced into Congress, and which was the immediate cause of this outbreak, will be manifest, when it is stated that so far from authorizing soldiers to sit as jurymen, it was expressly prohibited in the bill itself. Again; the right of suffrage was actually extended by the bill, because, while by one section the militia officers were to be appointed by the Governor, the bill in other sections provided that nearly all civil officers of the Territory, who were before elected by the Legislature, should be elected by the people.

The effect of the bill would have been, to enable the people, when they became generally dissatisfied with the spiritual tyranny to which they were submitting, as many of them were already, to throw off the yoke of despotism, by having every question that might arise fairly and impartially

adjudicated upon in the courts. This was foreseen by Brigham. He saw that he was about to lose the powerful enginery of the judicial system of the Territory, then under his control. Hence the demonstration.

There are but two ways in which this theocratic despotism can be met and overthrown. One is, by the people of the Territory, aided by some such legislation as that proposed. The other is by the strong arm of military power. The former would be more congenial to our institutions.

Time only can determine which must be resorted to. Doubtless the employment of force will become necessary in either case,—as the course taken by Young and his associates on this occasion shows that a peaceable remedy will be forcibly resisted.

After listening to such speeches, the audience were, of course, ready to adopt or approve of anything; and the following resolutions, prepared for the occasion, were passed without a dissenting voice:—

"Resolved, That we consider the attack made upon us by His Excellency Governor Harding, wherein our loyalty is impugned, as base, wicked, unjust, and false; and he knew it to be so when uttered.

"Resolved, That we consider the attempt to possess himself of all military authority and dictation, by appointing all the militia officers, is a stretch of military despotism, hitherto unknown in the annals of our Republic.

"Resolved, That we consider his attempt to control the selection of juries as so base, unjust, and tyrannical, as to deserve the contempt of all free men.

"Resolved, That we consider the action of Judges Waite and Drake, in assisting the Governor to pervert justice, and violate the sacred palladium of the people's rights, as subversive of the principles of justice, degrading to their high calling, and repulsive to the feelings of honest men.

"Resolved, That we consider that a serious attack has been made upon the liberties of this people, and that it not only affects us as a Territory, but is a direct assault upon Republican principles

in our own nation and throughout the world; and that we cannot either tamely submit to be disfranchised ourselves, nor witness, without protest, the assassin's dagger plunged into the very vitals of our national institutions.

"Resolved, That while we will, at all times, honor and magnify all wholesome laws of our country, and desire to be subservient to their dictates, and the equitable administration of justice, we will resist, in a proper manner, every attempt upon the liberties, guaranteed by our fathers, whether made by insidious foes or open traitors.

"Resolved, That a committee be appointed by the meeting to wait upon the Governor, and Judges Waite and Drake, to request them to resign their offices and leave the Territory.

"Resolved, That John Taylor, Jetu Clinton, and Orson Pratt, Sen., be that committee.

"Resolved, That we petition the President of the United States to remove Governor Harding, and Judges Waite and Drake, and to appoint good men in their stead."

The following is the petition to the President, which was signed by several thousand persons:—

"To His Excellency Abraham Lincoln, President of the United States:—

"Sir,—We, your petitioners, citizens of the Territory of Utah, respectfully represent that,

"Whereas, From the most reliable information in our possession, we are satisfied that His Excellency Stephen S. Harding, Governor, Charles B. Waite and Thomas J. Drake, Associate Justices, are strenuously endeavoring to create mischief and stir up strife between the people of the Territory of Utah and the troops now in Camp Douglas, (situated within the limits of Great Salt Lake City,) and, of far graver import in our nation's difficulties, between the people of the aforesaid Territory and the Government of the United States:

"Therefore, We respectfully petition your Excellency to forthwith remove the aforesaid persons from the offices they now hold, and to appoint in their places men who will attend to the duties of their offices, honor their appointments, and regard the rights of all, attending to their own affairs and leaving alone the affairs

of others; and in all their conduct demeaning themselves as honorable citizens and officers worthy of commendation by yourself, our Government, and all good men; and for the aforesaid removals and appointments your petitioners will continue most respectfully to pray.

"Great Salt Lake City, Territory of Utah, March 3, 1863."

The best reply to the charges contained in the foregoing petition, is the counter-petition sent to the President by the military officers of General Connor's command, of which the following is a copy:—

"Headquarters, Column for Utah, Camp Douglas, Utah Territory, near Salt Lake City, March 8, 1863.

"To His Excellency Abraham Lincoln, President of the United States:—

"It is an unusual proceeding for officers of the army to join in representing to the Government their knowledge of facts and opinion of proceedings, having reference to civil authority, or to the actions of the people for expressing their displeasure at the conduct of their officers.

"The condition of affairs in the Territory of Utah, however, and the result of this condition of affairs, which culminated in a mass meeting in Salt Lake City on the 3d inst., in our opinion demands from us a respectful statement to your Excellency of the matter having allusion to ourselves, simply as an act of duty we owe to our Government.

"We do not propose to inquire into recommendations affecting the laws of the Territory, made by the Governor and Associate Judges of the Supreme Court of Utah. The Government must know, as regards the justice or injustice of the proposed amendments to existing laws, made by the officers above named.

"But when the community residing in Salt Lake City solemnly declare in their petition to your Excellency, that Governor Harding, and Judges Waite and Drake are studiously endeavoring to create mischief and stir up strife between the people of the Territory and the troops now at Camp Douglas (situated within the limits of Salt Lake City), they simply assert a base and unqualified falsehood.

"On the contrary, it has been the aim of these gentlemen to

preserve friendly relations between the people of Utah and the troops, who have also labored to the same end, now stationed at Camp Douglas.

"And further; during a period of nearly five months, we know that Governor Harding, and Judges Drake and Waite 'have attended to the duties of their offices, honored their appointments, regarded the rights of all, attended to their own affairs,' and have not disturbed or interfered with the affairs of others, outside of their legitimate duty to the Government; 'and in all their conduct,' His Excellency Governor Harding, and Judges Drake and Waite, have, during our acquaintance with them, 'demeaned themselves as honorable citizens, and officers worthy of commendation by your Excellency, our Government, and all good men.'

"And we further represent to your Excellency that these officers have been true and faithful to the Government, and fearless in the discharge of their duties to all. They have, on all proper occasions, spoken plainly to the people of their duty. They have not been subservient to any person or persons, and they stand proudly preëminent as in contrast with other officers who have represented in the past, and who do now represent, the Federal Government in this Territory.

"Our respectful opinion is, that there is no good and true cause for the removal of His Excellency Governor Harding, and Judges Drake and Waite, from the offices they now hold.

"With much respect, we have the honor to remain your Excellency's obedient servants,—

"P. Edward Connor, Colonel 3d Infantry, California Volunteers, commanding District of Utah; Geo. S. Evans, Colonel 2d Cavalry, Cal. Vol.; P. A. Gallagher, Major 3d Infantry, C. V.; J. M. Williamson, Surgeon, 2d Cavalry, C. V.; Robert K. Reid, Surgeon 3d Infantry, C. V.; George Wallace, Capt. and Asst. Q. M. U. S. A.; Thomas B. Gately, 1st Lieut. and Reg. Q. M.; William L. Ustick, 1st Lieut. and Adjt. 3d Infantry, and A. A. A. G.; T. S. Harris, 1st Lieut. and Adjt. 2d Cavalry, C. V.; Henry R. Miller, 2d Lieut. and Reg. C. S., 2d Cavalry, C. V.; F. A. Peel, 2d Lieut. and Reg. Q. M. 2d Cavalry, C. V.; Charles Tupper, Captain 3d Infantry, C. V.; John B. Urmy, Captain 3d Infantry, C. V.; Samuel N. Hoyt, Captain 3d Infantry, C. V.; David Black, Captain 3d Infantry, C. V.; S. P. Smith, Captain 2d Cavalry, C. V.; Daniel McLane, Captain 2d

Cavalry, C. V.; George F. Price, Captain 2d Cavalry, C. V.; David J. Berry, Captain 2d Cavalry, C. V.; Josiah Hosmer, 1st Lieut. 3d Infantry, C. V.; James W. Stillman, 1st Lieut. 3d Infantry, C. V.; Lysander Washburn, 2d Lieut. 3d Infantry, C. V.; Michael McDermott, 1st Lieut. 3d Infantry, C. V.; John Quinn, 1st Lieut. 2d Cavalry, C. V.; Cyrus D. Clark, 1st Lieut. 2d Cavalry, C. V.; Francis Honeyman, 2d Lieut. 3d Infantry, C. V.; S. E. Joslyn, 2d Lieut. 3d Infantry, C. V.; James Finnerty, 2d Lieut. 3d Infantry, C. V.; Edward Ingham, 2d Lieut. 3d Infantry, C. V.; Anthony Ether, 2d Lieut. 2d Cavalry, C. V.; J. Bradley, 2d Lieut. 2d Cavalry, C. V.; Geo. D. Conrad, 2d Lieut. 2d Cavalry, C. V."[97:A]

But to return to the meeting, and subsequent proceedings:—

The next morning, the Committee appointed to wait upon the officers and "request" them to resign and leave the Territory, called upon Governor Harding, at his residence, and presented him with a copy of the "Deseret News," containing the reported proceedings of the meeting.

The Governor treated them with much courtesy, and after examining the paper, addressed the Committee, as follows:—

"Gentlemen, I believe I understand this matter perfectly. You may go back and tell your constituents that I will not resign my office, and will not leave this Territory, until it shall please the President to recall me. I came here a messenger of peace and good-will to your people, but I must confess that my opinions have changed in many respects. But I came also, sirs, to discharge my duties honestly and faithfully to the Government, and I intend to do so to the last. It is in your power to do me personal violence,—to shed my blood; but this will not deter me from my purpose. If the President can be made to believe that I have been unfaithful to the trust he confided to me, he will doubtless remove me; and I then shall be glad to return to my home in the States, and will do so, carrying with me no unjust resentments towards you or any one else.

"But I will not be driven away; I will not cowardly abandon

my post. I may be in danger in staying; but my purpose is fixed. I desire to have no trouble; I am anxious to live and again meet my family,—but if necessary, an administrator can settle my affairs.

"Your allegations in this paper are false,—without the shadow of truth. You call my Message insulting, and you dare not print it for fear your people may read it for themselves. To say that I have wronged you when I said that you are disloyal, is simply preposterous. Your own people—your public teachers and bishops—admit the fact.

"Let me say to you in conclusion,—and as this is said to be a land of prophets, I too will prophesy,—If, while in the discharge of my duties, one drop of my blood be shed by your ministers of vengeance, that it will be avenged, and not one stone or adobe in this city will be left upon another. I have now done, and you understand me."

During this reply the Committee sat quiet, with the exception of Elder Taylor, who several times attempted to make some explanation; but the Governor refused to hear him, and went through with his remarks without stopping to listen, or reply to any new matter.

Elder Taylor then turned to Judge Drake, and remarked that he might consider the resolutions as addressed also to him.

The Judge responded as follows:—

"The communications you have made are of some importance, and as they are intended to affect me, I desire to say something before you go.

"It is no small thing to request a citizen to leave his country. Are you aware of the magnitude or of the baseness of what you have undertaken? I deny that you have any cause for such conduct toward me. I am an American citizen, and as such have a right to go to every part of the Republic. I have the right to petition, or ask the Government to pass laws; or to amend them. You, Taylor and Pratt, are men of experience, and reputed to be men of learning, and ought to know better than to insult a man by such means.

"It is mean and contemptible. On your part, Taylor, a

foreigner, it is impudence unequalled; and Pratt, a citizen, ought to know better than to trample on the rights of a citizen by engaging in such a dirty enterprise. Your resolutions are false, and those who drafted them knew them to be so; and I am informed that in the meeting at the Tabernacle, Brigham Young called me a fool, and a tool of the Governor. [Here Taylor admitted that such was the fact.]

"Go back to Brigham Young, your master,—that embodiment of sin and shame and disgust,—and tell him that I neither fear him, nor love him, nor hate him,—that I utterly despise him. Tell him, whose tools and tricksters you are, that I did not come here by his permission, and that I will not go away at his desire, or by his directions. I have given no cause of offence to any one. I have not entered a Mormon's house since I came here; your wives and daughters have not been disturbed by me, and I have not even looked upon your concubines and lewd women.

"I am no skulk from the punishment of crimes. I tell you, if you, or the man whom you so faithfully serve, attempt to interfere with my lawful business, you will meet with trouble of a character you do not expect.

"A horse-thief or a murderer has, when arrested, a right to speak in court; and unless in such capacity, or under such circumstances, don't you ever dare to speak to me again."

The Committee rose to depart, and one of them said, "We have our opinions." "Yes," replied the Judge, "thieves and murderers can have opinions;" and thus closed the interview.

The Committee then proceeded to call on Judge Waite at his residence, where they were received politely and with due consideration. In answer to their request for his resignation and withdrawal from the Territory, he replied as follows:—

"To comply with your wishes, gentlemen, under such circumstances, would be to admit, impliedly at least, one of two things,—either that I was sensible of having done something wrong, or that I was afraid to remain at my post and perform my duty.

"I am not conscious either of guilt or fear. I must therefore respectfully decline to accede to your request."

These replies were published in California, and in the Eastern papers, and gave general satisfaction. The people rejoiced that at last the Government had representatives in Utah who could neither be wheedled nor bullied out of their rights, nor frightened from the performance of their duty.

In Utah the excitement for a time ran high, and doubtless nothing but the presence of the military saved the federal officers from personal violence.

The state of popular feeling there is well shown by the following extracts from the correspondence of the "Chicago Tribune":—

"Excitement ran high, and groups of men were to be seen on the corners of the various streets, busily engaged in canvassing the subject, their earnest gestures and eager attitudes portraying the depth and intensity of the frenzied feeling which actuated them.

"One of the Judges sought to be ostracised (Judge Waite) was accosted, while passing quietly along the sidewalk, by a group of excited men, and threats of an alarming character made use of to intimidate him.

. . . "The few 'gentiles' resident here were also to be observed in earnest discussion of the question, and with compressed lip and countenance, on which 'thought sat sedate,' awaited, cold and determined, the approach of coming events. I opine that many a bowie and revolver were hastily examined and adjusted, of which the passer-by had no thought or knowledge, which, in an emergency, might have been made useful.

"It was a spectacle of true courage to see these federal officers, clothed with important duties, stand up and assert their rights, when they knew but too well that this 'request' upon the part of the meeting and the Committee had a far more grave significance, if that request were not complied with.

"They have been called on by a number of citizens and gentlemen since the visit of the Committee, and have received but one expression of opinion as to what has passed; and that is, that the proceedings throughout were an outrage, and only intended to get rid of men who cannot be used against the interest of the General Government, and whose fidelity to duty makes them alike hated and feared by the Mormon leaders."

The following, from the same correspondence, will show the conduct of Young during this emergency:—

"While the objects of all this wrath pursue the even tenor of their way, and sleep soundly, with scarce a casement barred, unmindful of the threatened storm without, yet not so with him, 'the Lord's Anointed,' who appears to dream dreams and see visions, that to his distempered fancy seem to foreshadow the 'handwriting on the wall,' at the great day of his judgment which is to come. Like unto the great magician, the famous Fakir, who upon a time, by his incantation, raised a demon which he could not control, which would not 'lay' at the conqueror's command, and from which he fled in dismay; so, in the present instance, the 'Lion of the Lord' is sorely affrighted at the hideous aspect of the devil ('of a muss') he has raised, which, he has the sagacity to see, may not 'down' at his bidding, but may return to plague the inventor.

"There is abundant evidence to show that he is alarmed at his own creation, and foreseeing that he has provoked justice, incensed mercy, seeks to guard against the retribution which he knows the offended majesty of loyalty and law should visit upon him.

"The night succeeding the action of the mass meeting, some fifty armed sentinels or guards were on duty, in and about Brigham's premises, which number has since been augmented to several hundreds, a portion of whom serve as pickets, or night-patrol, on the different streets leading toward Camp Douglas. It has been currently reported that orders have been issued to arrest Brigham and his counsellors, and hence these precautionary measures to guard against any sudden inroad of troops from Col. Connor's command. . . .

"On the 8th inst., the Sabbath succeeding the date of the mass meeting, Brigham delivered a very treasonable and violent harangue in the Tabernacle, to an immense audience, which filled almost to suffocation that capacious structure. . . . 'We have always,' he said, 'done everything in our power to show our loyalty. Is there anything that could be asked that we would not do? Yes; let the present Administration ask us for a thousand men, or even five hundred, and I'd see them damned first, and then they couldn't have them! What do you think of that?

[Loud cries of "Good, good!" and great applause.] We have liars, murderers, and thieves among us, who are watching us, to report something against our loyalty. Their object is to send another army here to "wipe us out"; but let me tell them that cannot be done; "they can't come it,"—putting his thumb to his nose, and making the peculiar gyrating movement with the fingers, so very expressive among rowdies and shoulder-hitters. At this antic, a long, and loud, and universal shout and laughter went up from all parts of the house, joined with clapping of hands, and stamping of the feet, in one general din and uproar.

"'It was said that we were disloyal because we burned some seventy government wagons, at the time Johnston's army came here. Well, let me ask, what the devil were they doing out here? Coming here to destroy, and wipe us from the face of the earth; and we only took and destroyed some of their good things, so that they had to gnaw mules' bones, and eat cattle which had frozen to death; that's what they did.

"'I swear some, my brethren and sisters; but it is always in the pulpit,—never anywhere else.'

"Following Brigham came 'brother Heber,' a large, gross man, bald-headed, and with a harsh and disagreeable voice, and apparently fast approaching the age of 'the lean and slippered pantaloon.' His remarks were in the main but a re-hash of those made by Brigham, save in one or two noticeable points, as follows:—'They say I am a secessionist, but that's a lie. Then they say I have more than one wife; well, I have several wives, and lots of children, and by the help of the Lord I'll have many more of them!'

"Speaking about anticipated trouble with the General Government, he said:—'The entire power of the United States cannot destroy us, for the Lord will fight our battles.'

"Brigham fears Arrest.

"Yesterday Col. Connor rode into the city, and called on Judge Waite at his residence, and made a stay of perhaps an hour or so. Immediately after his departure, a signal of distress was hastily thrown to the breeze, from a small flag-staff on Brigham's 'Lion House.' . . . . Immediately a commotion was seen, and soon armed men began to pour along the different streets, and the report was carried, as on the wings of lightning, to the uttermost

parts of the city, that an order was being made out for the arrest of Brigham and his counsellors, and that Col. Connor had been down to make arrangements for enforcing the writ. Men with muskets and rifles,—some few with antiquated swords,—of all ages, from the brawny youth to the old white-haired sexagenarian, came pouring along, singly and in groups, by twos, by threes, and the half-dozen or more, pressing hurriedly on towards Brigham's premises, zealous, and ready to yield up life, if need be, in defence of the 'Prophet of the Lord.' Altogether some two thousand 'citizen soldiery' collected, and stood guard during the watches of the night, over the beloved Brigham and his harem. Verily, 'The wicked flee when no man pursueth.'"

That Brigham really feared arrest at this time, and believed that a movement was on foot for that purpose, is evident from the following, taken from the "Latter Day Saints' Millennial Star," published in London. It is a portion of a letter written for that magazine by David O. Calder, a clerk in the tithing-office:—

"America. Great Salt Lake City, March 13th, 1863.

"President G. Q. Cannon:

"Dear Brother,—You of course have learned through the New York press of our 'expected collision between the military and citizens of Utah,' and will learn through Capt. Hooper, (he being just informed by telegraph to write to you,) that comparative peace is restored. I shall now give you some details of the trouble.

"As you are aware, we have been of the opinion that the mission of the troops despatched from California last year was not altogether to be confined to the guarding of the mail and telegraph lines, and the protection of the California emigration, and consequently have been watchful of their proceedings; the more so, that they made their winter-quarters within the city limits, and on one of the most commanding benches above the city, instead of being distributed at the several posts along the line of travel.

"We also have been made acquainted with the doings of Governor Harding, and Judges Waite and Drake; that they were corresponding with the authorities at Washington, and moving everything that could be moved to bring the army here in

contact with the people, and to have the War Department send on two or three thousand more troops.

"These and other movements compelled the citizens to be on their guard, and prepared for any emergency. On Monday last, a reliable person overheard Colonel Connor and Judge Waite in conversation. The Colonel says, 'These three men must be surprised.' The Judge replied, 'Colonel, you know your duty.' In half an hour after, from a signal given, which was previously understood, about one thousand citizens were armed, and on duty, and in another half hour another thousand men were on duty. This sudden demonstration proved to them that their secret was known, and that we were fully prepared for them. In the mean time our 'outside' friends in this city telegraphed to those interested in the mail and telegraph lines, that they must work for the removal of the troops, Governor Harding, Judges Waite and Drake, else there would be difficulty, and the mail and telegraph lines would be destroyed. Their moneyed interest has given them great energy in our behalf. They have placed their line at the disposal of President Young, to be used to Washington, or New York. We fully expect the Colonel, Governor, and Judges will be recalled."

Here, it will be noticed, is the same covert threat contained in Brigham Young's speech, that the mail and telegraph lines would be destroyed, if the federal officers should be retained at their posts. It is to be regretted that this standing menace should so far have had its effect, as to induce the President, some two or three months afterward, to recall Governor Harding from his position. It is true, by transferring him to the Chief Justiceship of Colorado Territory, his removal was disconnected with any censure of his administration. It still remained, however, a substantial yielding to the arbitrary demands of Brigham Young, and as such, had a direct tendency to encourage him in his lawless proceedings, and to postpone for years the solution of the Utah problem.

Judges Waite and Drake had, immediately after the demonstration of the 3d of March, written to the President, giving it as their opinion that the laws were nugatory, and

the Organic Act entirely inoperative in the Territory, and declining to hold any terms of the District Court in their respective districts until they should be properly supported by the military power of the Government; at the same time giving it as their opinion, that such a support should be at least five thousand men, well armed, equipped, and provided.

The failure to furnish this force, and the subsequent change in the governorship of the Territory, satisfied them that the Government was not then prepared to meet the questions which had arisen in such a manner as the dignity and honor of the nation required, and accordingly all effort to further counteract the evil effects of this intolerant theocracy were, for the time, abandoned.

Judge Waite, after holding, with his associates, in July, 1863, a term of the Supreme Court, at which there was not a single case on the docket, left the Territory in disgust, and established himself in the practice of his profession in Idaho City, Idaho Territory. He resigned his office, and was succeeded, in the spring of 1864, by Judge McCurdy, the present incumbent.

Governor Harding was succeeded, in May, 1863, by James Duane Doty, who, at the time of his appointment, was Superintendent of Indian Affairs. Governor Doty is a man of sound judgment, and of large experience in public affairs; and does as well as any man could in his embarrassing position. But his governorship is merely nominal. With the form and semblance, he lacks all the substance of power; and where he should order, he must satisfy himself with request and expostulation.

Judge Drake still remains in Utah, and with all the talent, energy, and experience necessary to fill his position to the great benefit of the people, he is obliged to remain entirely inactive, and goes through the forms of holding court, with scarcely an attempt to administer justice to the whole people, so well persuaded is he that all such attempts are futile in the present condition of affairs.

Gen. Connor also remains, and, considering the small force at his command, has accomplished wonders. By his bold and fearless vindication of the rights and interests of the Government, guided, at the same time, in all his acts by great discretion and moderation, he has compelled some show of respect for the federal authority.

Neither Gen. Connor nor Judge Waite had the slightest intention of arresting Brigham Young at the time alluded to in March, 1863. The astute leader of the Mormons had a spy listening to the conversation of those gentlemen, and the spy aforesaid heard some things, and thought he heard others. He reported to headquarters the supposed result of his discoveries, and it must be admitted that those who had been placed under this insulting espionage took no great pains to correct the impression which prevailed, and which so quickly and so thoroughly developed the disloyal sentiments which the people had imbibed under the infamous teachings of Brigham and his corrupt priests, apostles, and bishops.

Mark the language used by Mr. Calder. "On Monday last, a reliable person overheard," &c. Here the infamous system of espionage maintained over the federal officers by Young, stands plainly confessed. But the fact was well known, and he reaped no great benefit from it.

So thoroughly was he frightened, that, to save himself the ignominy and humiliation of a public and forcible arrest, he went privately to his friend, Chief Justice Kinney, and gave his bonds for his appearance at Kinney's court, to answer to any indictment that might be found against him for polygamy.

The grand jury, of course, found no indictment, and the incident is only worth mentioning as curiously illustrative of the extent to which he was operated on by his fears on that occasion.

A brief notice of the federal officers stationed and residing in Utah, while the writer was living in that Territory, will close the present chapter.

Hon. Stephen S. Harding, who was Governor from the spring of 1862 for about one year, is from Milan, Indiana. He is about fifty years of age; is a sound lawyer, and a man of extraordinary energy and decision of character. These traits are modified, in some degree, by considerable ambition, and great love of approbation. In his administration of Utah affairs, so far as he was governed by this feeling, he labored for the respect and approval of the great body of the American people, rather than of the masses by whom he was immediately surrounded.

That he possesses much personal courage is evidenced by many of his official acts, some of which he had reason to believe would subject him at once to personal danger. The presence of the military in the immediate neighborhood was sufficient to prevent any open outbreak; still there were many ways in which his personal safety might be jeopardized, without subjecting the perpetrators of the acts to punishment.

So well is this understood in Salt Lake, that it requires a high degree of moral courage to enable one to do any act offensive to "the powers that be" in the Holy City.

Every attempt was made to seduce him from the path of duty, not omitting the same appliances which had been brought to bear upon Steptoe and Dawson, but all in vain.

His family remained at Milan, except his son, Attila, who was with the Governor at Salt Lake, and acted as his private secretary.

Hon. James Duane Doty, the successor of Harding, and the present Governor of the Territory, was, for nearly two years previous to receiving the appointment of Governor, Superintendent of Indian Affairs for the Territory. He was appointed to succeed Harding in April or May, 1863.

James Duane Doty, Governor of Utah, was born at Salem, in the County of Washington and State of New York, on the 5th day of November, A. D. 1799, the last year of the last century.

He emigrated to Detroit, Michigan, where he was admitted to the Supreme Court, and settled in the practice of the law in the year 1818, and was one of the earliest emigrants to that State.

The next year he was elected Clerk of the Common Council of the City, and appointed Secretary to the Legislature, which was then composed of the Governor and Judges of the Supreme Court; and was also appointed a Notary Public, and soon afterwards Clerk of the Supreme Court of the Territory by the Judges of that court.

In 1820 he accompanied Governor Cass, as Secretary, in his expedition to the sources of the Mississippi, travelling a distance of over four thousand miles through the Indian Country in a birch-bark canoe, from the 20th of May to the 20th of November.

In this year he revised the laws of the Territory, which were published by the authority of the Legislature.

In 1821 he was admitted an attorney of the Supreme Court of the United States at Washington.

In 1823 the country north of lakes Huron and Michigan, and west of lakes Michigan and Superior, was made by Congress a judicial district, and he was appointed by James Monroe its Judge, with the title of "an additional Judge of the Territory of Michigan." He performed the duties of this office until the year 1832,—having married, and fixed his residence at Green Bay, then the largest settlement in the country north or west of Detroit.

In 1832 he was appointed by the Secretary of War a Commissioner to locate Military Roads from Fort Howard, at Green Bay, to Fort Crawford on Prairie du Chien, and to Fort Dearborn at the mouth of Chicago Creek, now the site of the city of Chicago,—between which points there were then scarcely twenty white inhabitants.

In 1834 and 1835 he served in the Legislative Council of Michigan, having been elected by the voters west of the Lake; and introduced the measure of a State government, which was adopted by the Council.

He contended for the right of the people to form a government for themselves, under the provisions of the Ordinance of 1787.

By this measure a territorial government was obtained for Wisconsin, and a permanent separation from Michigan of the country west of Lake Michigan, which had been attached to that Territory in 1818, when Illinois was admitted into the Union. It had been sought in vain of Congress from the year 1825,—the application having been successfully opposed by the party averse to laying the foundation of new non-slaveholding States.

In 1837 he was elected Delegate to Congress from Wisconsin, and continued to serve in that office by reëlection until the year 1841, when he was appointed Governor and Superintendent of Indian Affairs in that Territory; and as Commissioner held treaties at Oeyoowurah, on Minnesota River, with the Dakotahs, and with the bands of that nation on the Mississippi River.

It was in 1837 that he laid out the town of Madison, and succeeded in making it the seat of government,—one of the most valuable services which he ever rendered that State. It is now considered one of the most beautiful sites for a town. When selected by him there was not a white settler within forty miles, and it was occupied by Winnebago Indians.

He was elected and served as a member of the Convention to form a State Constitution in 1846 for Wisconsin.

In 1849 he was elected in the Third District of Wisconsin a Representative in Congress, and was reëlected in 1851,—serving on several committees. It was during his first term as a member that he was declared an Abolitionist—now no longer a term of reproach—by Father Ritchie and the Southern leaders, because he declined to vote for a repeal of the duty on lead.

In 1861 he was appointed Superintendent of Indian Affairs in the Territory of Utah; and in 1862 was appointed a Commissioner to negotiate treaties with the Shoshonees,—which

were held by him in 1863. These were the first treaties ever made by the United States with this nation of Indians.

In May, 1863, he was appointed Governor of the Territory of Utah. During his long public service he has had the acquaintance, and enjoyed the friendship, of most of the eminent men connected with the Government of our country. Of those who were on the stage when he entered public life, it is believed that but one is now living,—Gen. Cass, who was his generous patron in boyhood, and has been his friend during this long period of an eventful life.

He is now believed to be the oldest pioneer living west of Lake Michigan. In the performance of his duties he has traversed the Continent,—having stood on the shores of the Atlantic and Pacific; on the latter of which he reached the point in his westward march, where, when the eye is directed over that vast ocean towards the East Indies, the West appears to terminate and the East begins.

Hon. Thomas J. Drake, Associate Justice, is from Pontiac, Michigan, where he had resided from early manhood. He is now over sixty years of age. He has a thin, wiry frame, dark hair, and a nervous, bilious temperament.

His mind is vigorous and clear, and his virtue and integrity of the old Roman order. Of blameless life and manners, all the shafts of his accusers fall harmless at his feet.

The wrongs and iniquities he has witnessed, added to personal ill-treatment, has engendered an intense hatred of the despots who sit enthroned over the people of Utah, but he has the most kindly feelings toward the great body of the people.

Lacking all adequate power, he is obliged to sit quietly by, and see wrongs perpetrated, which he is utterly unable to redress.

Judge Waite, the Associate of Harding and Drake, was from the State of Illinois, where he had resided since the year 1840.

At the time of his appointment, in February, 1862, he was thirty-eight years of age. He was then living near Chicago, in which city he had resided and practised law since 1853.

Of Chief Justice Kinney mention has already been made. Suffice it to add, he was, in the summer of 1863, elected as Delegate to Congress from Utah, and took his seat the following winter. He doubtless aspires to still higher honors from the same Territory.

Hon. John Titus, who succeeded Kinney, and is the present Chief Justice of the Territory, is somewhat past fifty years of age,—a gentleman of much dignity and urbanity of manners. He is large and well formed, and has an active temperament.

His duties as yet have been exceedingly light, and will probably continue so while he remains in the Territory. The Mormons withhold from him all the cases they can control. He is outspoken against polygamy, making no reserve whatever of his opinions on that question.

Chief Justice Titus was appointed from the Philadelphia bar.

Dr. Frank Fuller was Secretary of the Territory about two years, and was succeeded by Mr. Reed, in the fall of 1863.

Dr. Fuller is from New Hampshire, and a dentist by profession and practice. He was attentive and obliging in his official intercourse with all parties. He is a polished gentleman also in social intercourse.

He was one of the few federal officers in Salt Lake at that time who was so fortunate as never seriously to offend Brigham Young. Doubtless his position brought him less in collision with that gentleman than was the case with other officers. If he saw any difficulties approaching, by a little shrewd management he carefully avoided them. If in thus steering between Scylla and Charybdis he did not always meet the approbation of his fellow-officers, he managed at

least to avoid any open differences, and thus kept up the appearance of friendship with all.

He enjoyed for a long time the confidence and apparent respect of Brigham, to a greater degree, perhaps, than Kinney himself.

From Salt Lake he went to San Francisco, where he engaged in dealing in mining stocks.

From the time of Dawson's hasty departure in the fall of 1861, until Governor Harding's arrival in July, 1862, he acted as Governor of the Territory, and his administration gave general satisfaction to the Mormons.

Amos Reed, Esq., who succeeded Dr. Fuller as Secretary in 1863, and who now holds that position, came into the Territory with Governor Doty from Wisconsin.

During the winter of 1863-64, while Governor Doty was absent in Washington, Reed was the acting Governor, and as such evinced a high order of administrative talent. The affairs of the Territory were, during that time, conducted with much discretion and judgment, and so far as was in his power, the rights and interests of all classes were respected.

General P. Edward Connor was born in County Kerry, Ireland, and migrated to the United States, with his parents, at a very early period of life.

Having reached the age of manhood, he enlisted in the regular army of the United States, and served an honorable term, as private, for five years, on the frontier.

At the breaking out of the Mexican War, he raised a company of Texas Volunteers, and as captain, led them with distinguished success and heroism at the battle of Buena Vista. He was mentioned in official dispatches, with high encomiums for bravery. At this battle he was severely wounded, and received a pension from the Government. At the close of the war he settled upon the Pacific coast.

Captain Connor resided in Stockton, California, for ten years, prior to the rebellion, engaged in private business, wherein he attained a handsome competence.

He was married at Stockton, and now has two children living. During his residence in Stockton, Captain Connor took an active interest in military affairs, and commanded a uniform company.

At the breaking out of the present rebellion, he was tendered the appointment of Colonel of the Third Regiment of Infantry, California Volunteers. With the expectation that his regiment was to be sent East, he promptly raised and organized it.

The exigencies of the service, however, required his presence in Utah, and in the summer of 1862 he led the 3d Infantry, and part of the 2d Cavalry, Cal. Vol., across the Plains, in a most successful, though arduous march, and established his camp where it would command the City of the Saints.

Amid the snows and storms of the winter of 1862-63, he planned and prosecuted a successful campaign against hostile Indians, and on the 29th of January, 1863, fought the hard battle of Bear River, defeating and almost annihilating the savages, under the leadership of Bear Hunter and Lehigh.

For the brilliancy of this action, Col. Connor was promoted by the President to be Brigadier-General of United States Volunteers, which rank he now retains.

He is a man of strong common sense, excellent and quick judgment, invincible energy and determination, firmness amounting to obstinacy, and the strictest integrity.

His administration in Utah has been eminently successful. By Brigham Young he is at once hated and feared. He is but little past forty years of age.

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FOOTNOTES:

[97:A] The above embraces all the commissioned officers then stationed at Camp Douglas.

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CHAPTER VII.
BRIGHAM AS PRESIDENT OF THE CHURCH.

Organization of the Mormon Church.—Functions of the various Officers. The Two Priesthoods.—Mode of Treating Dissenters or "Apostates."—Divisions in the Church.—The Gladdenites.—History of the Morrisites.—The Josephites.—Return to the true Mormon Church.

In his capacity as President of the Church of Jesus Christ of Latter Day Saints, Brigham Young possesses and wields despotic power over "this people," and rules them by his single will, in all their affairs, both spiritual and temporal.

This is owing, not to any peculiarity in the church organization. Any organization which should recognize him as the absolute head of the church, and dispense with every system of checks and balances, would answer the same purpose. Once admit the necessity of a spiritual head, and fail to require from him any responsibility, and all that remains is, to establish a grade of agents and mediums for the transmission of his will and wishes to the masses, and the system is complete.

Such a grade is fully established under the Mormon system.

First,—The First Presidency. This consists of three, chosen from those who hold the high-priesthood and apostleship, and its office is to preside over and direct the affairs of the whole church. It consists of a President and two Counsellors. The President is also Seer, Revelator, Translator, and Prophet. He rules in all spiritual and temporal affairs.

Secondly,—The Apostles. These are to build up, organize, and preside over churches, administer the ordinances, etc.

Thirdly,—The Seventies. The Quorums of the Seventies are to travel in all the world, preach the gospel, and administer its ordinances and blessings. There is, also, the Patriarch, whose duty is to bless the fatherless, to prophesy what shall befall them, etc.

Fourthly,—High-Priests and Elders. The High-Priest is to administer the ordinances, and preside over the Stakes of the church; that is, over the churches established abroad.

The Elders are to preach and to baptize; to ordain other Elders, also Priests, Teachers, and Deacons. All the foregoing officers are of the Melchisedec Priesthood.

Fifthly,—The Aaronic Priesthood, which includes the offices of Bishop, Priest, Teacher, and Deacon.

The Bishop presides over all the lesser offices of the Aaronic Priesthood, ministers in outward ordinances, conducts the temporal business of the church, and sits in judgment on transgressors.

The Priest is to preach, baptize, administer the sacrament of the Lord's Supper, and visit and exhort the saints.

The Teacher is to watch over and strengthen the church, etc.

The Deacon is to assist the Teacher.

There is also a High Council, consisting of Twelve High-Priests, with a President. The office of the Council is to settle all important difficulties.

The Priesthood comes direct from Heaven, and was lost to man, until the keys of both orders of the Priesthood were given to Joseph Smith, by an angel from Heaven, in 1829. After the death of Smith, they came into the hands of Brigham Young.

From this resumé of the church organization, it will be seen that it is sufficient for the purpose. All these officers are but mediums for the transmission of the will of the President. Nor is it confined to spiritual affairs. Under the

form of a church organization, this system absorbs not only the religious, but all the civil and political liberty of the individual member. The High Council forms an apparent check on the power of the President; but when it is considered that this body is composed of persons nearest the President, and under his immediate influence and control, in other relations in the same organization,—as High-Priests, etc.,—it will be seen that the check is only nominal, and forms no real protection to the rights of the people.

The orders of the Priesthood, to which these officers are respectively attached, are thus distinguished:—

The Melchisedec Priesthood hold the right of Presidency, receive revelations from Heaven, for the guidance of the church, and hold the keys of all its spiritual blessings.

The Aaronic Priesthood hold the keys of the ministering of angels, and have the right to administer in outward ordinances. This Priesthood must be filled by lineal descendants of Aaron.

It will be seen that the mission of all the officers of the Melchisedec Priesthood—the Apostles, High-Priests, Seventies, and Elders—is to propagate the gospel, and make converts; while the government of the church and of the people is committed to the Aaronic Priesthood.

Of these the chief is the Bishop, who is accordingly the civil and religious magistrate of the ward in which he resides.

There are other civil magistrates, whose duties are but little more than nominal, except in Salt Lake City, where the occasional large influx of "gentiles" who will not submit to this spiritual government, renders necessary an approximation to the forms of civil proceedings to which they have been accustomed.

The "saints" themselves are not expected to go before other than the ecclesiastical magistrates. When brought unwillingly before a civil magistrate, the same being a Mormon, the case receives a favorable consideration.

Rare exceptions may be cited where, from motives of policy, this rule is relaxed or departed from. For instance, in the winter of 1863-64, Jason Luce, a Mormon, was tried, convicted, and shot, for the murder of a gentile in Salt Lake City. But the murder was of the most cruel and unprovoked character, the crime was perpetrated on the street, and the evidence was open and abundant. Much indignation existed among the miners, many of whom were congregated in Salt Lake City at the time.

If this had not been the first instance in the history of Utah of the execution of a Mormon, under judgment of a Mormon court, for the murder of a gentile, it might be taken as evidence of an intention to do justice to all. As it is, it should be marked to their credit; and it is only to be hoped that subsequent events may not prove it to have been an act of policy merely.

The machinery of the Mormon Church, through which the people are governed in all their affairs, civil as well as religious, is well described in the following extract from the Salt Lake Correspondence of the "Chicago Tribune" of May, 1863:—

"The machinery of the church consists of Brigham, who is greatly pleased and flattered by the blasphemous title of the 'Lord's Anointed,' the Second and Third Presidents, College of Twelve Apostles, Patriarchs, Quorums of Seventies, Counsellors, Presidents of 'Stakes,' Bishops, Elders, and Teachers; and last but not least, the Danites, or 'Destroying Angels,' who are scattered throughout the Territory, and who superintend the temporal and spiritual affairs of the people in every city, village, 'stake,' and hamlet in the same.

"These various organizations and persons, from the Second President to the red-haired Danite, who is simply the employed assassin of the Great Head, are the shafts, driving-wheel, cog and spur-wheels, belts and pulleys of the great machine called the Church, and as such are made to perform their various functions with a precision and fitness of things, that is wonderful indeed.

. . . "Brigham, like a skilful engineer, stands on the platform

of his locomotive, with hand placed upon the lever, sheltered in the caboose, with peep-holes in front, on the right and on the left, and the crook of whose finger causes the whole train to move forward or back, or to switch off on the track of some new dogma, to which he lures on the unsuspecting passengers and precious freight, with the catchpenny whistle of 'Revelation!' which is most persistently sounded when he hears the restive murmurings of those who may catch but a premonitory glimpse of the awful precipice to which he is hurrying them on, as to a terrible and eternal destruction."

The motive-power is religious delusion, which is constantly applied by Brigham, who thus drives along the whole combination with fearful power.

"And in that train may be found all that makes up the hopes and fears, the joys and sorrows, the love and hatred, of that 'moral and physical phenomenon,' the Mormon Church,—not only here, but scattered throughout all Europe, and the 'Isles of the Seas,' who have ventured their all—their lives and fortunes, their bodies and souls—on the solution of that dearest of all problems to their minds, the ultimate triumph of the 'Church of Jesus Christ of Latter Day Saints' (as it is blasphemously called) over all governments, powers, and principalities of earth!"

In reference to the organization of the church, and the functions of the respective priesthoods, the following is Brigham's own explanation of the whole matter. In this exhibit will be seen how little importance he attaches to the High Council.

Speaking of laying the corner-stones of the Temple, he says:—

"I am not a visionary man, neither am I given much to prophesying. When I want any of that done I call on Brother Heber,—he is my prophet; he loves to prophesy, and I love to hear him.

"Now, who do we set, in the first place, to lay the chief, the South-East corner-stone? We begin with the First Presidency, and the Apostleship. Who comes next in the church? The Bishop is the next standing authority in the Kingdom of God; therefore we set the Bishop at the second corner-stone of the

building. The Melchisedec Priesthood, with the altar, fixtures, and furniture, belonging thereto, is situated on the East, and the Aaronic Priesthood belongs on the West; consequently the Presiding Bishop laid the second corner-stone.

"The High-Priests' Quorum, do they come next in order? No, not any more than the Elders, nor the Elders any more than the High Council, nor the High Council any more than the Teachers, Deacons, or Priests. The High-Priests' Quorum is a standing quorum, abiding at home. So is the Elders' Quorum. But the place of the Bishop is in the temporal affairs of the church. So, then, what shall we say? Why, out of due respect to the High-Priesthood, which is nothing more than right and reasonable, we say to the High-Priests, 'Lay the third corner-stone.'

"We started at the South-East corner, with the Apostleship; then the lesser, Aaronic Priesthood, laid the second stone; we bring them in our ranks to the third stone, which the High-Priests and Elders laid; we take them under our wing to the North-East corner, which the Twelve and Seventies laid, and then again join the Apostleship. It circumscribes every other priesthood, for it is the Priesthood of Melchisedec, which is after the order of the Son of God."[119:A]

But all this arrangement and subordination does not suffice to prevent disaffection in the church. This will arise, and results in differences, schisms, and divisions.

Not to notice smaller matters of difference, three systematic and organized attempts have been made by large bodies of Mormons, since their arrival in Utah, to throw off their allegiance to Brigham Young. They have all been met and treated by him with a fierce bitterness, indicating how thoroughly he is alarmed by such movements.

The third of these is now in progress, and promises to be successful.

The first of the "apostasies," as they are called by the Mormons, was headed by Gladden Bishop, in 1852-53, and his followers were called "Gladdenites."

Some idea of the manner in which they were met by

Brigham, and of his mode of dealing with apostates generally, may be gathered from the following extracts from a sermon preached by him in March, 1853:—

"I will ask, What has produced your persecutions and sorrow? What has been the starting-point of all your afflictions? They began with apostates in your midst; those disaffected spirits caused others to come in, worse than they, who would run out and bring in all the devils they possibly could. That has been the starting-point and grand cause of all our difficulties, every time we were driven. I am coming to this place,—I am coming nearer home. . . . Do we see apostates among us now? We do.

"When a man comes right out like an independent devil, and says, 'Damn Mormonism and all the Mormons,' and is off with himself to California, I say he is a gentleman by the side of a nasty, sneaking apostate, who is opposed to nothing but Christianity. I say to the former, 'Go in peace, sir, and prosper if you can.' But we have a set of spirits here, worse than such a character. When I went from meeting last Sabbath, my ears were saluted with an apostate, crying in the streets here. I want to know if any one of you who has got the spirit of Mormonism in you, the spirit that Joseph and Hyrum had, or that we have here, would say, 'Let us hear both sides of the question. Let us listen and prove all things.' What do you want to prove? Do you want to prove that an old apostate, who has been cut off from the church thirteen times for lying, is anything worthy of notice? I heard that a certain picture-maker in this city, when the boys would have moved away the wagon in which this apostate was standing, became violent with them, saying, 'Let this man alone; these are saints that you are persecuting.' [Sneeringly.]

"We want such men to go to California, or anywhere they choose. I say to those persons, 'You must not court persecution here, lest you get so much of it you will not know what to do with it. Do not court persecution.' We have known Gladden Bishop for more than twenty years, and know him to be a poor, dirty curse. Here is sister Vilate Kimball, brother Heber's wife, has borne more from that man than any other woman on earth could bear; but she won't bear it again. I say again, you Gladdenites, do not court persecution, or you will get more than you want, and it will come quicker than you want it.

"I say to you, Bishops, do not allow them to preach in your wards. Who broke the roads to these valleys? Did this little nasty Smith, and his wife? No. They stayed in St. Louis while we did it, peddling ribbons, and kissing the gentiles. I know what they have done here,—they have asked exorbitant prices for their nasty, stinking ribbons. [Voices, 'That's true.'] We broke the roads to this country.

"Now, you Gladdenites, keep your tongues still, lest sudden destruction come upon you. I say, rather than that apostates should flourish here, I will unsheathe my bowie-knife, and conquer or die. [Great commotion in the congregation, and a simultaneous burst of feeling, assenting to the declaration.] Now, you nasty apostates, clear out, or 'judgment will be laid to the line, and righteousness to the plummet.' [Voices generally, 'Go it, go it.'] If you say it is all right, raise your hands. [All hands up.] Let us call upon the Lord to assist us in this and every other good work."[121:A]

In the same discourse he commanded the Bishops to "kick these men out of their wards," and warned the apostates themselves that "they were not playing with shadows," but "it was the voice and the hand of the Almighty they were trying to play with, and they would find themselves mistaken if they thought to the contrary."

In accordance with this bloody teaching, many unfortunate apostates who were unwilling or unable to leave the country, "bit the dust." They felt the literal edge of the bowie-knife thus from the pulpit unsheathed for their destruction. Many of the murders committed during the succeeding six or seven years were fully authorized by these instructions; and yet Brigham, unable to deny that they had been committed, has openly boasted that his enemies have been unable to trace any of them to him, and fasten them upon him.

He unsheathes the bowie-knife, and issues a general mandate; but when the murder of some individual dissenter is brought to his door, he turns away and says, "Thou canst not say, I did it."

The second organized opposition to Young was made by Joseph Morris and his followers.

The rise and progress and subsequent history of the people called "Morrisites," is as follows:—

On the 19th of November, 1860, a man dressed in ordinary working-clothes wended his way on foot from Slatersville, a settlement in Weber County, north of Salt Lake, to the Holy City. This was Joseph Morris, and the object of his visit was to deliver to Brigham Young two letters which he had written, under the supposed influence of the Spirit.

It seems that for some reason the life of Morris had been threatened, and having been driven from the place where he had been living, he was now going to appeal to the President in person for protection. Morris had received, previous to this time, many revelations, some of which looked to a purification of the church,—all of which he had communicated to Brigham and the Apostles.

On his way to Salt Lake he met John Cook, brother of Richard Cook, at that time a Mormon Bishop, presiding at South Weber. To him Morris communicated his views and projects, and made so favorable an impression that both the Cooks soon afterward espoused his cause, and became his zealous supporters.

Morris delivered his letters to the President at his residence, but received no reply.

He then proceeded to the house of Mr. Cook, on the Weber River, about thirty miles northward from the city.

Not only the Cooks, but a number of their neighbors, now began to entertain favorable opinions of the claim of their new acquaintance to inspiration.

Others who conceived that the divine right of Brigham was being endangered or infringed upon, determined to put Morris to death, or drive him from their midst. But Bishop Cook stood in the way.

In this emergency President Young was appealed to, who sent two high ecclesiastics, Messrs. John Taylor and Willford

Woodruff, both Apostles, to investigate the matter. They appointed a general meeting at South Weber, and invited the Bishops of the surrounding settlements, with as many of their people as possibly could, to attend.

The meeting convened on the 11th of February, 1861, and the delegates commenced their court of inquiry by demanding whether there was a man in the ward who professed to be a prophet? And whether there were any individuals who entertained him, or professed faith in his claims?

To the astonishment and consternation of the Mormons, seventeen of the believers, with Bishop Cook at their head, arose and declared that they would enjoy and defend the right of conscience, by adhering to their new faith, though it should bring upon them the most bitter persecution, and the loss of their lives. An old man named Watts arose, and in an inflammatory speech, recommended that the adherents of the new Prophet should be "cut off under the chin," and laid away in the brush; at the same time accompanying his words with a motion of the hand, drawing it across his throat. This, he said, was what ought to be done, according to his understanding of the laws of the church.

After some further discussion, in which Watts was boldly rebuked by Cook for the utterance of such sentiments, the question was put to the parties on trial, whether they believed that Brigham Young was a Prophet, Seer, and Revelator. They all answered in the negative. Mr. Taylor testified that he knew Brigham to be such, and said those who believed to the contrary must be excommunicated from the church. They were then subjected to the process of excommunication.

It will be noticed that the right of Brigham to preside over the church as its temporal head, was not questioned by Morris or his followers.

From this time the followers of Morris increased in numbers with wonderful rapidity.

On the 6th of April, 1861, five persons were baptized into

the new church in the Weber River. On the same day of the same month, thirty-one years previous, the Mormon Church had been instituted by the baptism of six persons. Encouraged by this augury, a church was organized, and the work commenced in earnest. Converts flocked to them from all parts of the Territory.

In three months the new church numbered about three hundred persons. Its highest number did not exceed five hundred.

In the mean time difficulties arose between them and the surrounding Mormons. The Morrisites refused to train as militia. Heavy fines were imposed in consequence, and much property sold on execution for their payment.

These fines and exactions were increased until the Morrisites refused longer to submit to them. A number of fines of $60 each had been imposed. When the sheriff appeared and proposed to arrest those who would not or could not pay, he was resisted. Further proceedings were then suspended for the present.

In the spring of 1862 a team, consisting of two yoke of cattle, which had been sent to mill from the Morrisite settlement, was, together with a load of flour, seized and retained by one William Jones, who threatened in like manner to retain all that should be sent until some difficulties between him and them should be settled to his satisfaction. The Morrisites, standing in immediate need of the flour, sent a posse of men, and took not only the flour, but Jones and two associates prisoners.

Application was now made to Chief Justice Kinney, who immediately issued writs for the arrest of the leading Morrisites, and writs of habeas corpus for the Mormons held in custody.

These writs being disregarded, a posse of several hundred men, headed by Robert T. Burton, sheriff of Salt Lake County, well armed and equipped, and having several pieces of cannon, were sent to execute the writs, and enforce

obedience. This force was augmented on the way by volunteers, and additional arms, until they approached the settlement of the Morrisites, with a force of about a thousand well-armed men, and five pieces of artillery.

Early on the morning of the 13th of June, some of the posse appeared on the heights above South Weber settlement, and took possession of the Morrisites' cow-herd, killing such as they desired for beef. During the morning, Sheriff Burton sent a proclamation to the leaders within the Morrisite "fort,"—for such they had constructed,—calling upon them to come out and deliver themselves up, according to the requirements of the writs in his hands, and warning them of the consequences, if they refused.

This not being responded to, about an hour later the posse, most of whom had been hitherto out of sight, commenced to defile over the bluffs, and to occupy a prominent position commanding the camp.

Morris now called a meeting of those within the fort. Scarcely had they assembled, when a cannon-ball came into the congregation, killed two women, and wounded a girl. From this time cannonading and musketry fire was continued with but little intermission.

The camp consisted of a few houses built of willows, like basket-work, and plastered, and of tents, and covered wagons. Still the fight was kept up by these deluded people for three days, during all which time, fighting with the energy of desperation, they held this immense force at bay. On the evening of the third day, a white flag was raised, and the whole camp surrendered. The Morrisites stacked their arms, under guard of a detail from the posse, who had by this time entered the fort.

Amidst much confusion, the men and women were separated, and large numbers of the men were placed under arrest. Morris, and a leader by the name of Banks were shot in cold blood; also two of the women. All these were killed after the Morrisites were unarmed, and their arms in the possession

of the sheriff. The posse had two men killed. The Morrisites ten in all.

After the Morrisites had been taken prisoners, their houses were searched and plundered, and property, consisting of watches, jewelry, clothing, &c., taken, to the amount of many hundreds of dollars.

The prisoners were taken to Salt Lake City, and placed under bonds by Judge Kinney for their appearance at his court. They were afterwards tried, and large numbers of them were fined and imprisoned. All of those imprisoned were afterward pardoned and released by Governor Harding.

Thus ended "the Morrisite War." The Morrisites were now "scattered and peeled," and so remained until May, 1863. At that time Gen. Connor established a military post at Soda Springs, a beautiful place at the northern bend of Bear River, about 175 miles north of Salt Lake City. Before starting with his expedition, Gen. Connor gave notice that all persons wishing to go up and form a settlement at that point, would be furnished by him with transportation. The result was, that about eighty families, consisting of over two hundred persons, nearly all Morrisites, availed themselves of this offer,—removed, with their goods and household gods, and established themselves at Soda Springs.

This settlement continues to exist and flourish, and may now be looked upon, it is to be hoped, as a permanent point where the weary emigrant may pause and rest on his long journey over the Plains, and be free from the whims, exactions, and dangers of Mormonism. The place is now in Idaho Territory, and returned eighty-one votes at the territorial election of 1864.

Although the court and juries were fast to bring to punishment those who had resisted the writs, yet Burton, the leader of the posse, who shot four persons after they had surrendered, was not even indicted by a Mormon grand jury. The evidence was laid before them, but without avail.

The following affidavit of a man of much respectability, now residing at Soda Springs, shows what was the conduct of Burton on the occasion alluded to:—

"United States of America, Territory of Utah.

ss.

"Alexander Dow, of said Territory, being duly sworn, says:

"In the spring of 1861, I joined the Morrisites, and was present when Joseph Morris was killed. The Morrisites had surrendered, a white flag was flying, and the arms were all grounded and guarded by a large number of the posse.

"Robert T. Burton and Judson L. Stoddard rode in amongst the Morrisites. Burton was much excited. He said, 'Where is the man? I don't know him.' Stoddard replied, 'That's him,' pointing to Morris. Burton rode his horse upon Morris, and commanded him to give himself up in the name of the Lord. Morris replied, 'No, never, never.' Morris said he wanted to speak to the people. Burton said, 'Be d—d quick about it.' Morris said, 'Brethren, I've taught you true principles,'—he had scarcely got the words out of his mouth before Burton fired his revolver. The ball passed in his neck or shoulder. Burton exclaimed, 'There's your Prophet.' He fired again, saying, 'What do you think of your Prophet now?'

"Burton then turned suddenly and shot Banks, who was standing five or six paces distant. Banks fell. Mrs. Bowman, wife of James Bowman, came running up, crying, 'Oh! you blood-thirsty wretch.' Burton said, 'No one shall tell me that and live,' and shot her dead. A Danish woman then came running up to Morris, crying, and Burton shot her dead also. Burton could easily have taken Morris and Banks prisoners, if he had tried. I was standing but a few feet from Burton all this time. And further saith not.

"Alexander Dow.

"Subscribed and sworn to before me, this 18th day of April, A. D. 1863.

"Charles B. Waite,

"Associate Just., U. T."

This Burton is the same man who is now the Collector of Internal Revenue for Utah Territory!

The next movement, and one which promises seriously to

interfere with the schemes of Brigham Young, is under the auspices of the Mormon Church East, or the "Josephites," as they are called, in contradistinction to the "Brighamites."

Joseph Smith, the son of the Prophet, resides at Nauvoo, in Illinois, near where his father was put to death. He claims to be the head of the true Mormon Church, and of course repudiates Young for the same position. He is opposed to polygamy, is loyal to the Government and laws of the United States, and is said to be a good and worthy citizen.

For several years there have been indications of a "breaking up" among the followers of the Pretender, Brigham, and a rallying around the standard of the legitimate House of Joseph. In the States, those who have gone back to their first love are to be numbered by thousands.

In Utah the progress of disintegration, and of secession from the church as there organized, is slower, and accompanied by more danger.

But in July, 1863, the "fulness of time" having come, the movement was commenced in earnest, and a system of proselyting inaugurated, which has already drawn hundreds of deluded people back to their duty to themselves and their country, and which even now threatens the power of Brigham so strongly that it seems almost tottering to its fall.

During the latter part of the month mentioned, E. C. Briggs and Alexander McCord, two missionaries, sent by the Church East, for that purpose, arrived in Salt Lake, and announced themselves as harbingers of a better gospel,—as messengers of the true Church of Christ on earth. Taking their lives in their hands, they had crossed the Plains alone, and the Lord had protected and sustained them.

It may be supposed that their arrival caused considerable excitement at Salt Lake City.

Briggs called on Young and acquainted him with the nature of his "mission." The Prophet became very angry; refused him the use of the Tabernacle, or any other building

in the city; forbade him preaching to the people, and said if he remained in the city, he (Young) would not be responsible for his personal safety. Briggs declined to avail himself of this polite hint to leave; and notwithstanding these thunders from the Vatican, he went boldly to work, and "daily ceased not to teach and preach Jesus Christ."

He talked with the people, visited them at their houses, prayed with them, and sang with them.

The effect was electrical. Singly, by dozens, and by scores, the people began to fall off from the great apostasy, and to return to the mother-church. Persecution commenced from the first day of his labors. He and McCord were forbidden all the houses of the city, by an order of Brigham which none dared to disobey. One house, that of a gentile, was still open to them, and there they held their meetings, which were well attended.

Before spring their numbers had increased to over three hundred. About half of that number returned across the Plains in the spring of 1864, and so strong was the excitement, and so bitter the persecution and enmity of the "saints" toward this comparatively handful of seceders from Brigham's authority and dominions, that Gen. Connor deemed it necessary and advisable to send a strong escort with them as far as Green River, about 145 miles.

Besides this number who departed for the region of the rising sun, large numbers of the westward-bound emigration were stopped, and having their eyes opened by missionaries of the same stamp, were induced to withhold their steps, at least until another season.

The Josephites in Salt Lake, although the subjects of bitter and unrelenting persecution from the Mormons, found favor and protection from Gen. Connor and the military under his command.

They will doubtless continue to flourish and increase, and it is possible that in this way Utah may be brought to loyalty and good citizenship, without bloodshed or commotion. It is

but a possibility, however, as Brigham will not see himself thus undermined without desperate efforts to prevent it.

In Europe whole churches have already changed, or "gone over," from the apostasy of Brigham to the old church, with Joseph at its head.

Briggs is President of the Twelve Apostles, and is admirably fitted for the work before him. He is a man of great energy and heroism, and takes hold of his mighty task as though it were but the work of a summer day. Nowhere can be found a better exemplification of the self-sacrifice and sublime heroism of the Christians of the Middle Ages.

The following are the Articles of Faith of the Church of Jesus Christ of Latter Day Saints, under the presidency of Joseph Smith, son of Joseph the Martyr:—

"We believe in God, the Eternal Father, and his Son Jesus Christ, and in the Holy Ghost.

"We believe that men will be punished for their own sins, and not for Adam's transgressions.

"We believe that through the atonement of Christ, all mankind may be saved by obedience to the Laws and ordinances of the gospel.

"We believe that these ordinances are: 1st. Faith in the Lord Jesus Christ; 2d. Repentance; 3d. Baptism by immersion for the remission of sins; 4th. Laying on of hands for the gift of the Holy Spirit; 5th. The Lord's Supper.

"We believe that men must be called of God, by inspiration, and by laying on of hands by those who are duly commissioned to preach the gospel, and administer in the ordinances thereof.

"We believe in the same organization that existed in the primitive church, viz.: Apostles, Prophets, Pastors, Teachers, Evangelists, &c.

"We believe in the powers and gifts of the everlasting gospel, viz., the gift of faith, discoursing of spirits, prophecy, revelation, visions, healing, tongues and the interpretation of tongues, wisdom, charity, brotherly love, &c.

"We believe the word of God recorded in the Bible; we also believe the word of God recorded in the Book of Mormon, and in all other good books.

"We believe all that God has revealed, all that he does now reveal, and we believe that he will yet reveal many more great and important things, pertaining to the kingdom of God and Messiah's second coming.

"We believe in the literal gathering of Israel, and in the restoration of the ten tribes; that Zion will be established upon the Western Continent; that Christ will reign personally upon the earth a thousand years; and that the earth will be renewed, and receive its paradisaical glory.

"We believe in the literal resurrection of the body; that the dead in Christ will rise first, and that the rest of the dead do not live again until the thousand years are expired.

"We believe in being subject to kings, queens, presidents, rulers, and magistrates; in obeying, honoring, and sustaining the law.

"We believe in being virtuous, chaste, temperate, benevolent, and in doing good to all men.

"We believe that the church in Utah, under the presidency of Brigham Young, have apostatized from the true order of the gospel.

"We believe that the doctrines of polygamy, human sacrifice, or killing men to save them, Adam being God, Utah being Zion, or the gathering place for the saints, are doctrines of devils, instituted by wicked men, for the accomplishment of their own lustful desires, and with a view to their personal aggrandizement.

"We believe in being true and loyal to the Government of the United States, and have no sympathy or fellowship for the treasonable practices or wicked abominations indorsed by Brigham Young and his followers."

---

FOOTNOTES:

[119:A] April 6, 1863. Journ. of Dis., Vol. I. p. 135.

[121:A] March 27, 1853. Jour. of Dis., Vol. I. p. 82.

---

CHAPTER VIII.
BRIGHAM AS TRUSTEE IN TRUST FOR THE CHURCH.

Nature of the Trusteeship.—The Tithing System.—Brigham's Private Speculations.—The Emigration Fund.—The Hand-Cart Company.

—"He was a man

Who stole the livery of the Court of Heaven

To serve the Devil in; in virtue's guise

Devoured the widow's house and orphan's bread;

In holy phrase, transacted villanies

That common sinners durst not meddle with."

As Trustee in Trust for the Church, Brigham Young is in his element. Here his genius shines preëminent, giving him the character, at home and abroad, of a good, as he certainly is a successful, financier.

But here, upon the outset, let no one be misled by the words employed to designate the capacity in which he handles and manages the funds of the church. It is called a "trust," because he is supposed to use the money for the benefit of the church.

But this Trust is very general and indefinite in its character. It has no prescribed duties or conditions. It has no guards or limits. It has no prescribed nor acknowledged mode of accountability.

Many years ago, attempts were made at the General Conferences, to exhibit a balance-sheet of receipts and disbursements. These were confused and unsatisfactory; and lest they should be too closely examined, they have of late years been entirely abandoned,—the increasing faith of the saints in their leader rendering it entirely unnecessary that any explanation should be made of the disposal of their funds.

Again: a corps of clerks are employed in the tithing-office, and are paid out of the public tithing-fund salaries ranging from $1000 upwards. They are supposed to keep a complete system of accounts, showing all the receipts from this net-work of fiscal veins, and all the disbursements through the various arteries of the religious body. But beyond the receipt and deposit of moneys, and the keeping of the tithing account with individual members of the church, the duties of these clerks are merely nominal. Each has another part to perform. The reader will smile to be informed that these clerks are really the principal stock actors in the Salt Lake Theatre. Having but little office business, their time is thus turned to a good account, reading novelettes and newspapers, a plentiful supply of which may be found in their several offices. The theatre is the private property of Brigham, and the proceeds go into his own pocket, disconnected with any real or imaginary embarrassment arising from the relation of Trustee. Hence it will be seen to be good "financiering" for the tithing-clerks, under pay of "the church," to perform for the benefit of "Brother Brigham." Should they fail to comply with his wishes, he has only, as "Trustee in Trust," to dispense with their services. This may be mentioned as a notable instance of the "shrewd financiering" of Brigham Young.

These clerks simply keep the accounts with individuals, and receive and deposit the money and property paid in to the tithing-fund. They also keep the accounts of laborers on the temple and other public works.

It is needless to say they are entirely under the control of Brigham. According to the Mormon creed, the temporal affairs of the kingdom should be entirely directed and controlled by the Aaronic Priesthood. The presiding Bishops of this priesthood are agents to perform the will of the head of the order, who is the President himself.

To keep the public mind quiet and satisfied, it is stated from the pulpit that the accounts of Brigham Young, as an

individual, and those which he keeps as trustee for the church, are entirely separate and distinct, and that not a dollar of church money goes to the private use of the President or his family, without being duly charged and accounted for. But these public declarations are all the assurance the people have that such is the fact. The system of book-keeping by double entry is entirely ignored as an invention of the gentiles; and if an investigation of the accounts should be instituted, it would be conducted under great disadvantages, and could have no certainty in its results.

Notwithstanding these protestations so frequently made from the pulpit, there is a growing conviction among the masses that the increasing evidences of the individual wealth of Brigham, notwithstanding his immense outlays, can only be accounted for in one way,—by the gradual absorption and assimilation of the funds of the church with his own private moneys. Indeed he does not hesitate to affirm, boldly, that if he wishes to build a grist or a saw-mill, or to engage in any other enterprise, he borrows from the tithing or other public funds the necessary means, paying it back by instalments when convenient, or turning in some other property that he has no immediate use for. In these private arrangements and trades, between himself in propria persona and himself in his fiduciary capacity, it is not to be supposed that he would make them to his own disadvantage, or that he would voluntarily assume losses which he could just as well throw upon the church at large. With this scape-goat upon which to throw his unfortunate speculations, and with a large revenue derived from legislative gifts, in the shape of timber canyons, herding-grounds, ferries, and other franchises, it is not strange that his worldly store should be constantly and largely augmented. He boasts that he takes no thought how to make money or get rich, and yet riches constantly flow to him. He has said, he can "drop dollar for dollar with any monarch in Europe." He looks after the Lord's interests, and the Lord looks after his interests!

The following are some of the principal Legislative Acts in favor of Brigham Young, passed by the Legislative Assembly of Utah:—

An Act in relation to City Creek Canyon, approved December 9, 1850. This gave Young the sole control of City Creek and Canyon, for which he was required to pay into the treasury the sum of $500. Under this grant Brigham exacts from those getting wood in the canyon, every third load; and as this is the only wood within fifteen miles of the city, this alone is the source of an immense revenue. Besides, he has built upon City Creek two or three mills,—he having the exclusive use of the water. It is estimated that Young's income from this canyon alone is $10,000 per annum.

An Act passed February 5th, 1852, granting to Brigham Young the waters from the channel of Mill Creek.

January 20, 1854. An Act providing that all property left by any deceased or absconding person, to which there is no claimant, shall pass into the Perpetual Emigration Fund. Brigham is President of this Society, and custodian of the fund. This Act adds largely to the income of the Trustee President.

January 19, 1855. An Act appropriating to Brigham Young $2500 for building an Academy in Salt Lake City. The Academy was never built.

December 18, 1855. An Act granting to Brigham Young exclusive right of herd-ground known as Kansas Prairie.

Same date. An Act granting to Brigham Young the whole of Cache Valley for a herd-ground. This valley is fifty miles long, and more than ten miles in width, and the richest and most productive valley in the Territory.

December 27, 1855. An Act granting to Brigham Young all of Rush Valley, except the United States Reserve, for a herd-ground. Another extensive tract of country.

January 4, 1856. An Act granting to Brigham Young exclusive right to establish a ferry over Bear River.

January 5, 1856. An Act granting to Brigham Young a ranch and herd-ground in Lone Rock Valley.

January 12, 1856. An Act granting to Brigham Young exclusive right to control the road and coal-beds in Coal Canyon, San Pete County.

Same date. An Act making an appropriation to Brigham Young of $1000 from the Territorial Treasury, to enable him to pay for a share in the Deseret Iron Company.

January 22, 1864. An Act authorizing Brigham Young to establish a toll on the Tooele Road.

After reading all these donations and munificent franchises, one can appreciate the point of the joke perpetrated by Brigham, when he says "he takes no thought how to get rich, and yet riches constantly flow to him."