CHAPTER XVII. — AFTER THE "WAR"
With the return of the people to their homes, the peaceful avocations of life in Utah were resumed. The federal judges received assignments to their districts, and the other federal officers took possession of their offices. Chief Justice Eckles selected as his place of residence Camp Floyd, as General Johnston's camp was named; Judge Sinclair's district included Salt Lake City, and Judge Cradlebaugh's the southern part of the state.
Judge Cradlebaugh, who conceived it to be a judge's duty to see that crime was punished, took steps at once to secure indictments in connection with the notorious murders committed during the "Reformation," and we have seen in a former chapter with what poor results. He also personally visited the Mountain Meadows, talked with whites and Indians cognizant with the massacre, and, on affidavits sworn to before him, issued warrants for the arrest of Haight, Higbee, Lee, and thirty-four others as participants therein. In order to hold court with any prospect of a practical result, a posse of soldiers was absolutely necessary, even for the protection of witnesses; but Governor Cumming, true to the reputation he had secured as a Mormon ally, declared that he saw no necessity for such use of federal troops, and requested their removal from Provo, where the court was in session; and when the judge refused to grant his request, he issued a proclamation in which he stated that the presence of the military had a tendency "to disturb the peace and subvert the ends of justice." Before this dispute had proceeded farther, General Johnston received an order from Secretary Floyd, approved by Attorney General Black, directing that in future he should instruct his troops to act as a posse comitatus only on the written application of Governor Cumming. Thus did the church win one of its first victories after the reestablishment of "peace."
An incident in Salt Lake City at this time might have brought about a renewal of the conflict between federal and Mormon forces. The engraver of a plate with which to print counterfeit government drafts, when arrested, turned state's evidence and pointed out that the printing of the counterfeits had been done over the "Deseret Store" in Salt Lake City, which was on Young's premises. United States Marshal Dotson secured the plate, and with it others, belonging to Young, on which Deseret currency had been printed. This seemed to bring the matter so close to Young that officers from Camp Floyd called on Governor Cumming to secure his cooperation in arresting Young should that step be decided on. The governor refused with indignation to be a party to what he called "creeping through walls," that is, what he considered a roundabout way to secure Young's arrest; and, when it became rumored in the city that General Johnston would use his troops without the governor's cooperation Cumming directed Wells, the commander of the Nauvoo Legion, who had so recently been in rebellion against the government, to hold his militia in readiness for orders. Wells is quoted by Bancroft as saying that he told Cumming, "We would not let them [the soldiers] come; that if they did come, they would never get out alive if we could help it."* The decision of the Washington authorities in favor of Governor Cumming as against the federal judges once more restored "peace." The only sufferer from this incident was Marshal Dotson, against whom Young, in his probate court, obtained a judgment of $2600 for injury to the Deseret currency plates, and a house belonging to Dotson, renting for $500 year, was sold to satisfy this judgment, and bought in by an agent of Young.
* "History of Utah," p. 573, note.
To complete the story of this forgery, it may be added that Brewer, the engraver who turned state's evidence, was shot down in Main Street, Salt Lake City, one evening, in company with J. Johnson, a gambler who had threatened to shoot a Mormon editor. A man who was a boy at the time gave J. H. Beadle the particulars of this double murder as he received it from the person who lighted a brazier to give the assassin a sure aim.* The coroner's jury the next day found that the men shot one another!
* "Polygamy," p. 192.
Soon all public attention throughout the country was centred in the coming conflict in the Southern states. In May, 1860, the troops at Camp Floyd departed for New Mexico and Arizona, only a small guard being left under command of Colonel Cooke. In May, 1861, Governor Cumming left Salt Lake City for the east so quietly that most of the people there did not hear of his departure until they read it in the local newspapers. He soon after appeared in Washington, and after some delay obtained a pass which permitted his passage through the Confederate lines. When the Southern rebellion became a certainty, Colonel Cooke and his force were ordered to march to the East in the autumn, after selling vast quantities of stores in Camp Floyd, and destroying the supplies and ammunition which they could not take away. Such a slaughter of prices as then occurred was, perhaps, without precedent. It was estimated that goods costing $4,000,000 brought only $100,000. Young had preached non-intercourse with the Gentile merchants who followed the army, but he could not lose so great an opportunity as this, when, for instance, flour costing $28.40 per sack sold for 52 cents, and he invested $4,000. "For years after," says Stenhouse, "the 'regulation blue pants' were more familiar to the eye, in the Mormon settlements, than the Valley Tan Quaker gray."
When Governor Cumming left the territory, the secretary, Francis H. Wooton, became acting governor. He made himself very offensive to the administration at Washington, and President Lincoln appointed Frank Fuller, of New Hampshire, secretary of the territory in his place, and Mr. Fuller proceeded at once to Salt Lake City, where he became acting governor. Later in the year the other federal offices in Utah were filled by the appointment of John W. Dawson, of Indiana, as governor, John F. Kinney as chief justice, and R. P. Flenniken and J. R. Crosby as associate justices.
The selection of Dawson as governor was something more than a political mistake. He was the editor and publisher of a party newspaper at Fort Wayne, Indiana, a man of bad morals, and a meddler in politics, who gave the Republican managers in his state a great deal of trouble. The undoubted fact seems to be that he was sent out to Utah on the recommendation of Indiana politicians of high rank, who wanted to get rid of him, and who gave no attention whatever to the requirements of his office. Arriving at his post early in December, 1861, the new governor incurred the ill will of the Mormons almost immediately by vetoing a bill for a state convention passed by the territorial legislature, and a memorial to Congress in favor of the admission of the territory as a state (which Acting Governor Fuller approved). They were very glad, therefore, to take advantage of any mistake he might make; and he almost at once gave them their opportunity, by making improper advances to a woman whom he had employed to do some work. She, as Dawson expressed it to one of his colleagues, "was fool enough to tell of it," and Dawson, learning immediately that the Mormons meditated a severe vengeance, at once made preparations for his departure.
The Deseret News of January 1, 1862, in an editorial on the departure of the governor, said that for eight or ten days he had been confined to his room and reported insane; that, when he left, he took with him his physician and four guards, "to each of whom, as reported last evening, $100 is promised in the event that they guard him faithfully, and prevent his being killed or becoming qualified for the office of chamberlain in the King's palace, till he shall have arrived at and passed the eastern boundary of the territory." After indicating that he had committed an offence against a lady which, under the common law, if enforced, "would have caused him to have bitten the dust," the News added: "Why he selected the individuals named for his bodyguard no one with whom we have conversed has been able to determine. That they will do him justice, and see him safely out of the territory, there can be no doubt."
The hints thus plainly given were carried out. Beadle's account says, "He was waylaid in Weber canyon, and received shocking and almost emasculating injuries from three Mormon lads."* Stenhouse says: "He was dreadfully maltreated by some Mormon rowdies who assumed, 'for the fun of the thing,' to be the avengers of an alleged insult. Governor Dawson had been betrayed into an offence, and his punishment was heavy."** Mrs. Waite says that the Mormons laid a trap for the governor, as they had done for Steptoe; but the evidence indicates that, in Dawson's case, the victim was himself to blame for the opportunity he gave.
* "Polygamy," p. 195.
** "Rocky Mountain Saints," p. 592.
Stenhouse says that the Mormon authorities were very angry because of the aggravated character of the punishment dealt out to the governor, as they simply wanted him sent away disgraced, and that they had all his assailants shot. This is practically confirmed by the Mormon historian Whitney, who says that one of the assailants was a relative of the woman insulted, and the others "merely drunken desperadoes and robbers who," he explains, "were soon afterward arrested for their cowardly and brutal assault upon the fleeing official. One of them, Lot Huntington, was shot by Deputy Sheriff O. P. Rockwell [so often Young's instrument in such cases] on January 26, in Rush Valley, while attempting to escape from the officers, and two others, John P. Smith and Moroni Clawson, were killed during a similar attempt next day by the police of Salt Lake City. Their confederates were tried and duly punished."*
* "History of Utah," Vol. II, p. 38.
The departure of Governor Dawson left the executive office again in charge of Secretary Fuller. Early in 1862 the Indians threatened the overland mail route, and Fuller, having received instruction from Montgomery Blair to keep the route open at all hazards, called for thirty men to serve for thirty days. These were supplied by the Mormons. In the following April, the Indian troubles continuing, Governor Fuller, Chief Justice Kinney, and officers of the Overland Mail and Pacific Telegraph Companies united in a letter to Secretary Stanton asking that Superintendent of Indian Affairs Doty be authorized to raise a regiment of mounted rangers in the territory, with officers appointed by him, to keep open communication. These petitioners, observes Tullidge, "had overrated the federal power in Utah, as embodied in themselves, for such a service, when they overlooked ex-Governor Young" and others.* Young had no intention of permitting any kind of a federal force to supplant his Legion. He at once telegraphed to the Utah Delegate in Washington that the Utah militia (alias Nauvoo Legion) were competent to furnish the necessary protection. As a result of this presentation of the matter, Adjutant General L. L. Thomas, on April 28, addressed a reply to the petition for protection, not to any of the federal officers in Utah, but to "Mr. Brigham Young," saying, "By express direction of the President of the United States you are hereby authorized to raise, arm, and equip one company of cavalry for ninety days' service."* The order for carrying out these instructions was placed by the head of the Nauvoo Legion, "General" Wells—who ordered the burning of the government trains in 1857—in the hands of Major Lot Smith, who carried out that order!
* Tullidge's "History of Salt Lake City," p. 252.
** Vol. II, Series 3, p. 27, War of the Rebellion, official
records.
Judges Flenniken and Crosby took their departure from the territory a month later than Dawson, and Thomas J. Drake of Michigan and Charles B. Waite of Illinois* were named as their successors, and on March 31 Stephen S. Harding of Milan, Indiana, a lawyer, was appointed governor. The new officers arrived in July.
* After leaving Utah Judge Waite was appointed district attorney
for Idaho, was elected to Congress, and published "A History of the
Christian Religion," and other books. His wife, author of "The Mormon
Prophet," was a graduate of Oberlin College and of the Union College of
Law in Chicago, a member of the Illinois bar, founder of the Chicago Law
Times, and manager of the publishing firm of C. W. Waite & Co.
At this time the Mormons were again seeking admission for the State of Deseret. They had had a constitution prepared for submission to Congress, had nominated Young for governor and Kimball for lieutenant governor, and the legislature, in advance, had chosen W. H. Hooper and George Q. Cannon the United States senators. But Utah was not then admitted, while, on the other hand, an anti-polygamy bill (to be described later) was passed, and signed by President Lincoln on July 2.
During the month preceding the arrival of Governor Harding, another tragedy had been enacted in the territory. Among the church members was a Welshman named Joseph Morris, who became possessed of the belief (which, as we have seen, had afflicted brethren from time to time) that he was the recipient of "revelations." One of these "revelations" having directed him to warn Young that he was wandering from the right course, he did this in person, and received a rebuke so emphatic that it quite overcame him. He betook himself, therefore, to a place called Kington Fort, on the Weber River, thirty-five miles north of Salt Lake City, and there he found believers in his prophetic gifts in the local Bishop, and quite a settlement of men and women, almost all foreigners. Young's refusal to satisfy the demand for published "revelations" gave some standing to a fanatic like Morris, who professed to supply that long-felt want, and he was so prolific in his gift that three clerks were required to write down what was revealed to him. Among his announcements were the date of the coming of Christ and the necessity of "consecrating" their property in a common fund. Having made a mistake in the date selected for Christ's appearance, the usual apostates sprang up, and, when they took their departure, they claimed the right to carry with them their share of the common effects. In the dispute that ensued, the apostates seized some Morrisite grain on the way to mill, and the Morrisites captured some apostates, and took them prisoners to Kington Fort.
Out of these troubles came the issue of a writ by Judge Kinney for the release of the prisoners, the defiance of this writ by the Morrisites, and a successful appeal to the governor for the use of the militia to enable the marshal to enforce the writ. On the morning of June 13 the Morrisites discovered an armed force, in command of General R. T. Burton, the marshal's chief deputy, on the mountain that overlooked their settlement, and received from Burton an order to surrender in thirty minutes. Morris announced a "revelation," declaring that the Lord would not allow his people to be destroyed. When the thirty minutes had expired, without further warning the Mormon force fired on the Morrisites with a cannon, killing two women outright, and sending the others to cover. But the devotees were not weak-hearted. For three days they kept up a defence, and it was not until their ammunition was exhausted that they raised a white flag. When Burton rode into their settlement and demanded Morris's surrender, that fanatic replied, "Never." Burton at once shot him dead, and then badly wounded John Banks, an English convert and a preacher of eloquence, who had joined Morris after rebelling against Young's despotism. Banks died "suddenly" that evening. Burton finished his work by shooting two women, one of whom dared to condemn his shooting of Morris and Banks, and the other for coming up to him crying.*
* For accounts of this slaughter, see "Rocky Mountain Saints,"
pp. 593-606, and Beadle's "Life in Utah," pp. 413-420.
The bodies of Morris and Banks were carried to Salt Lake City and exhibited there. No one—President of the church or federal officer—took any steps at that time to bring their murderers to justice. Sixteen years later District Attorney Van Zile tried Burton for this massacre, but the verdict was acquittal, as it has been in all these famous cases except that of John D. Lee. Ninety-three Morrisites, few of whom could speak English, were arraigned before Judge Kinney and placed under bonds. In the following March seven of the Morrisites were convicted of killing members of the posse, and sentenced by Judge Kinney to imprisonment for from five to fifteen years each, while sixty-six others were fined $100 each for resisting the posse. Governor Harding immediately pardoned all the accused, in response to a numerously signed petition. Beadle says that Bishop Wooley advised the governor to be careful about granting these pardons, as "our people feel it would be an outrage, and if it is done, they might proceed to violence"; but that Bill Hickman, the Danite captain, rode thirty miles to sign the petition, saying that he was "one Mormon who was not afraid to sign." The grand jury that had indicted the Morrisites made a presentment to Judge Kinney, in which they said, "We present his Excellency Stephen S. Harding, governor of Utah, as we would an unsafe bridge over a dangerous stream, jeopardizing the lives of all those who pass over it; or as we would a pestiferous cesspool in our district, breathing disease and death." And the chief justice assured this jury that they addressed him "in no spirit of malice," and asked them to accept his thanks "for your cooperation in the support of my efforts to maintain and enforce the law." It is to the credit of the powers at Washington that this judge was soon afterward removed.*
* Even the Mormon historian has only this to say on this subject:
"Of the relative merit or demerit of the action of the United States and
territorial authorities concerned in the Morrisite affair the historian
does not presume to touch, further than to present the record itself and
its significance."—Tullidge, "History of Salt Lake City," p. 320.
CHAPTER XVIII. — ATTITUDE OF THE MORMONS DURING THE SOUTHERN REBELLION
The attitude of the Mormons toward the government at the outbreak of hostilities with the Southern states was distinctly disloyal. The Deseret News of January 2, 1861, said, "The indications are that the breach which has been effected between the North and South will continue to widen, and that two or more nations will be formed out of the fragmentary portions of the once glorious republic." The Mormons in England had before that been told in the Millennial Star (January 28, 1860) that "the Union is now virtually destroyed." The sermons in Salt Lake City were of the same character. "General" Wells told the people on April 6, 1861, that the general government was responsible for their expulsion from Missouri and Illinois, adding: "So far as we are concerned, we should have been better without a government than such a one. I do not think there is a more corrupt government upon the face of the earth."* Brigham Young on the same day said: "Our present President, what is his strength? It is like a rope of sand, or like a rope made of water. He is as weak as water.... I feel disgraced in having been born under a government that has so little power, disposition and influence for truth and right. Shame, shame on the rulers of this nation. I feel myself disgraced to hail such men as my countrymen."**
* Journal of Discourses, Vol. VIII, pp. 373-374.
** Ibid., Vol. IX, p. 4.
Elder G. A. Smith, on the same occasion, railing against the non-Mormon clergy, said, "Mr. Lincoln now is put into power by that priestly influence; and the presumption is, should he not find his hands full by the secession of the Southern States, the spirit of priestly craft would force him, in spite of his good wishes and intentions, to put to death, if it was in his power, every man that believes in the divine mission of Joseph Smith."* On August 31, 1862, Young quoted Smith's prediction of a rebellion beginning in South Carolina, and declared that "the nation that has slain the prophet of God will be broken in pieces like a potter's vessel," boasting that the Mormon government in Utah was "the best earthly government that was ever framed by man."
* Journal of Discourses, Vol. IX, p. 18.
Tullidge, discussing in 1876 the attitude of the Mormon church toward the South, said:—
"With the exception of the slavery question and the policy of secession, the South stood upon the same ground that Utah had stood upon just previously.... And here we reach the heart of the Mormon policy and aims. Secession is not in it. Their issues are all inside the Union. The Mormon prophecy is that that people are destined to save the Union and preserve the constitution.... The North, which had just risen to power through the triumph of the Republican party, occupied the exact position toward the South that Buchanan's administration had held toward Utah. And the salient points of resemblance between the two cases were so striking that Utah and the South became radically associated in the Chicago platform that brought the Republican party into office. Slavery and polygamy—these 'twin relics of barbarism'—were made the two chief planks of the party platform. Yet neither of these were the real ground of the contest. It continues still, and some of the soundest men of the times believe that it will be ultimately referred in a revolution so general that nearly every man in America will become involved in the action.... The Mormon view of the great national controversy, then, is that the Southern States should have done precisely what Utah did, and placed themselves on the defensive ground of their rights and institutions as old as the Union. Had they placed themselves under the political leadership of Brigham Young, they would have triumphed, for their cause was fundamentally right; their secession alone was the national crime."**
** Tullidge's "Life of Brigham Young," Chap. 24.
Knowledge of the spirit which animated the Saints induced the Secretary of War to place them under military supervision, and in May, 1862, the Third California Infantry and a part of the Second California Cavalry were ordered to Utah. The commander of this force was Colonel P. E. Connor, who had a fine record in the Mexican War, and who was among the first, at the outbreak of the Rebellion, to tender his services to the government in California, where he was then engaged in business. On assuming command of the military district of Utah, which included Utah and Nevada, Colonel Connor issued an order directing commanders of posts, camps, and detachments to arrest and imprison, until they took the oath of allegiance, "all persons who from this date shall be guilty of uttering treasonable sentiments against the government," adding, "Traitors shall not utter treasonable sentiments in this district with impunity, but must seek some more genial soil, or receive the punishment they so richly deserve."
When Connor's force arrived at Fort Crittenden (the Camp Floyd of General Johnston), the Mormons supposed that it would make its camp there. Persons having a pecuniary interest in the reoccupation of the old site, where they wanted to sell to the government the buildings they had bought for a song, tried hard to induce Colonel Connor to accept their view, even warning him of armed Mormon opposition to his passage through Salt Lake City. But he was not a man to be thus deterred. Among the rumors that reached him was one that Bill Hickman, the Danite chief, was offering to bet $500 in Salt Lake City that the colonel could not cross the river Jordan. Colonel Connor is said to have sent back the reply that he "would cross the river Jordan if hell yawned below him."
On Saturday, October 18, Connor marched twenty miles toward the Mormon capital, and the next day crossed the Jordan at 2 P.M., without finding a person in sight on the eastern shore. The command, knowing that the Nauvoo Legion outnumbered them vastly, and ignorant of the real intention of the Mormon leaders, advanced with every preparation to meet resistance. They were, as an accompanying correspondent expressed it, "six hundred miles of sand from reinforcements." The conciliatory policy of so many federal officers in Utah would have induced Colonel Connor to march quietly around the city, and select some place for his camp where it would not offend Mormon eyes. What he did do was to halt his command when the city was two miles distant, form his column with an advance guard of cavalry and a light battery, the infantry and commissary wagons coming next, and in this order, to the bewilderment of the Mormon authorities, march into the principal street, with his two bands playing, to Emigrants' Square, and so to Governor Harding's residence.
The only United States flag displayed on any building that day was the governor's. The sidewalks were packed with men, women, and children, but not a cheer was heard. In front of the governor's residence the battalion was formed in two lines, and the governor, standing in the buggy in which he had ridden out to meet them, addressed them, saying that their mission was one of peace and security, and urging them to maintain the strictest discipline. The troops, Colonel Connor leading, gave three cheers for the country and the flag, and three for Governor Harding, and then took up their march to the slope at the base of Wahsatch Mountain, where the Camp Douglas of to-day is situated. This camp was in sight of the Mormon city, and Young's residence was in range of its guns. Thus did Brigham's will bend before the quiet determination of a government officer who respected his government's dignity.
But the Mormon spirit was to be still further tested. On December 8 Governor Harding read his first message to the territorial legislature. It began with a tribute to the industry and enterprise of the people; spoke of the progress of the war, and of the application of the territory for statehood, and in this connection said, "I am sorry to say that since my sojourn amongst you I have heard no sentiments, either publicly or privately expressed, that would lead me to believe that much sympathy is felt by any considerable number of your people in favor of the government of the United States, now struggling for its very existence." He declared that the demand for statehood should not be entertained unless it was "clearly shown that there is a sufficient population" and "that the people are loyal to the federal government and the laws." He recommended the taking of a correct census to settle the question of population. All these utterances were gall and wormwood to a body of Mormon lawmakers, but worse was to come. Congress having passed an act "to prevent and punish the practice of polygamy in the territories," the governor naturally considered it his duty to call attention to the matter. Prevising that he desired to do so "in no offensive manner or unkind spirit," he pointed out that the practice was founded on no territorial law, resting merely on custom; and laid, down the principle 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 countries having the same spirit." He spoke of the marriage of a mother and her daughter to the same man as "no less a marvel in morals than in matters of taste," and warned them against following the recommendation of high church authorities that the federal law be disregarded. This message, according to the Mormon historian, was "an insult offered to their representatives."*
* Tullidge's "History of Salt Lake City," p. 305.
These representatives resented the "insult" by making no reference in the journal to the reading of the message, and by failing to have it printed. When this was made known in Washington, the Senate, on January 16, 1863, called for a report by the Committee on Territories concerning the suppression of the message, and they got one from its chairman, Benjamin Wade, pointing out that Utah Territory was in the control of "a sort of Jewish theocracy," affording "the first exhibition, within the limits of the United States, of a church ruling the state," and declaring that the governor's message contained "nothing that should give offence to any legislature willing to be governed by the laws of morality," closing with a recommendation that the message be printed by Congress. The territorial legislature adjourned on January 16 without sending to Governor Harding for his approval a single appropriation bill, and the next day the so-called legislature of the State of Deseret met and received a message from the state governor, Brigham Young.
Next the new federal judges came under Mormon displeasure. We have seen the conflict of jurisdiction existing between the federal and the so-called probate courts and their officers. Judge Waite perceived the difficulties thus caused as soon as he entered upon his duties, and he sent to Washington an act giving the United States marshal authority to select juries for the federal courts, taking from the probate courts jurisdiction in civil actions, and leaving them a limited criminal jurisdiction subject to appeal to the federal court, and providing for a reorganization of the militia under the federal governor. Bernhisel and Hooper sent home immediate notice of the arrival of this bill in Washington.
Now, indeed, it was time for Brigham to "bend his finger." If a governor could openly criticise polygamy, and a judge seek to undermine Young's legal and military authority, without a protest, his days of power were certainly drawing to a close. Accordingly, a big mass-meeting was held in Salt Lake City on March 3, 1863, "for the purpose of investigating certain acts of several of the United States officials in the territory." Speeches were made by John Taylor and Young, in which the governor and judges were denounced.* A committee was appointed to ask the governor and two judges to resign and leave the territory, and a petition was signed requesting President Lincoln to remove them, the first reason stated being that "they are strenuously endeavoring to create mischief, and stir up strife between the people of the territory and the troops in Camp Douglas." The meeting then adjourned, the band playing the "Marseillaise."
* Reported in Mrs. Waite's "Mormon Prophet," pp. 98-102.
The committee, consisting of John Taylor, J. Clinton, and Orson Pratt, called on the governor and the judges the next morning, and met with a flat refusal to pay any attention to the mandate of the meeting. "You may go back and tell your constituents," said Governor Harding, "that I will not resign my office, and will not leave this territory, until it shall please the President to recall me. I will not be driven away. I may be in danger in staying, but my purpose is fixed." Judge Drake told the committee that he had a right to ask Congress to pass or amend any law, and that it was a special insult for him, a citizen, to be asked by Taylor, a foreigner, to leave any part of the Republic. "Go back to Brigham Young, your master," said he, "that embodiment of sin, 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 nor by his direction.... 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 even dare to speak to me again." Judge Waite simply declined to resign because to do so would imply "either that I was sensible of having done something wrong, or that I was afraid to remain at my post and perform my duty."**
* Text of replies in Mrs. Waite's "Mormon Prophet," pp. 107-109.
As soon as the action of the Mormon mass-meeting became known at Camp Douglas, all the commissioned officers there signed a counter petition to President Lincoln, "as an act of duty we owe our government," declaring that the charge of inciting trouble between the people and the troops was "a base and unqualified falsehood," that the accused officers had been "true and faithful to the government," and that there was no good reason for their removal.
Excitement in Salt Lake City now ran high. Young, in a violent harangue in the Tabernacle on March 8, after declaring his loyalty to the government, said, "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 d—d first, and then they could not have them. What do you think of that?' (Loud cries of 'Good, Good,' and great applause.)"*
* Correspondence of the Chicago Tribune.
Young expected arrest, and had a signal arranged by which the citizens would rush to his support if this was attempted. A false alarm of this kind was given on March 9, and in an hour two thousand armed men were assembled around his house.* Steptoe, who in an earlier year had declined the governorship of the territory and petitioned for Young's reappointment, took credit for what followed in an article in the Overland Monthly for December, 1896. Being at Salt Lake City at the time, he suggested to Wells and other leaders that they charge Young with the crime of polygamy before one of the magistrates, and have him arraigned and admitted to bail, in order to place him beyond the reach of the military officers. The affidavit was sworn to before the compliant Chief Justice Kinney by Young's private secretary, was served by the territorial marshal, and Young was released in $5000 bail. Colonel Connor was informed of this arrest before he arrived in the city, and retraced his steps; the citizens dispersed to their homes; the grand jury found no indictment against Young, and in due time he was discharged from his recognizance.
* "On the inside of the high walls surrounding Brigham's premises
scaffolding was hastily erected in order to enable the militia to fire
down upon the passing volunteers. The houses on the route which occupied
a commanding position where an attack could be made upon the troops were
taken possession of, and the small cannon brought out."—"Rocky Mountain
Saints," p. 604.
"In the meantime," says a Mormon chronicler, "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, and Judges Waite and Drake, otherwise there would be 'difficulty,' and the mail and telegraph lines would be destroyed. Their moneyed interest has given them great energy in our behalf."** This "work" told Governor Harding was removed, leaving the territory on June 11 and, as proof that this was due to "work" and not to his own incapacity, he was made Chief Justice of Colorado Territory.*** With him were displaced Chief Justice Kinney and Secretary Fuller.**** Judges Waite and Drake wrote to the President that it would take the support of five thousand men to make the federal courts in Utah effective. Waite resigned in the summer of 1863. Drake remained, but his court did practically no business.
* The first Pony Express left Sacramento and St. Joseph,
Missouri, on April 3, 1860. Major General M. B. Hazen in an official
letter dated February, 1807 (House Misc. Doc. No. 75, 2d Session,
39th Congress), said: "Ben Holiday I believe to be the only outsider
acceptable to those people, and to benefit himself I believe he would
throw the whole weight of his influence in favor of Mormonism. By the
terms of his contract to carry the mails from the Missouri to Utah, all
papers and pamphlets for the newsdealers, not directed to subscribers,
are thrown out. It looks very much like a scheme to keep light out of
that country, nowhere so much needed."
** D. O. Calder's letter to George Q. Cannon, March 13, 1863, in
Millennial Star.
*** "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."—"The Mormon Prophet," p. 109.
**** Whitney, the Mormon historian, says that while the President
was convinced that Harding was not the right man for the place, "he
doubtless believed that there was more or less truth in the charges of
'subserviency' to Young made by local anti-Mormons against Chief
Justice Kinney and Secretary Fuller. He therefore removed them as
well."—"History of Utah," Vol. II, p. 103.
Lincoln's policy, as he expressed it then, was, "I will let the Mormons alone if they will let me alone."* He had war enough on his hands without seeking any diversion in Utah. J. D. Doty, the superintendent of Indian affairs, succeeded Harding as governor, Amos Reed of Wisconsin became secretary, and John Titus of Philadelphia chief justice.
* Young's letter to Cannon, "History of Salt Lake City," p. 325.
Affairs in Utah now became more quiet. General Connor (he was made a brigadier general for his service in the Bear River Indian campaign in 1862-1863) yielded nothing to Mormon threats or demands. A periodical called the Union Vidette, published by his force, appeared in November, 1863, and in it was printed a circular over his name, expressing belief in the existence of rich veins of gold, silver, copper, and other metals in the territory, and promising the fullest protection to miners and prospectors; and the beginning of the mining interests there dated from the picking up of a piece of ore by a lady member of the camp while attending a picnic party. Although the Mormons had discouraged mining as calculated to cause a rush of non-Mormon residents, they did not show any special resentment to the general's policy in this respect. With the increasing evidence that the Union cause would triumph, the church turned its face toward the federal government. We find, accordingly, a union of Mormons and Camp Douglas soldiers in the celebration of Union victories on March 4, 1865, with a procession and speeches, and, when General Connor left to assume command of the Department of the Platte, a ball in his honor was given in Salt Lake City; and at the time of Lincoln's assassination church and government officers joined in services in the Tabernacle, and the city was draped in mourning.
CHAPTER XIX. — EASTERN VISITORS TO SALT LAKE CITY—UNPUNISHED MURDERERS
In June, 1865, a distinguished party from the East visited Salt Lake City, and their visit was not without public significance. It included Schuyler Colfax, Speaker of the House of Representatives, Lieutenant Governor Bross of Illinois, Samuel Bowles, editor of the Springfield (Massachusetts) Republican, and A. D. Richardson of the staff of the New York Tribune. Crossing the continent was still effected by stage-coach at that time, and the Mormon capital had never been visited by civilians so well known and so influential. Mr. Colfax had stated publicly that President Lincoln, a short time before his death, had asked him to make a thorough investigation of territorial matters, and his visit was regarded as semiofficial. The city council formally tendered to the visitors the hospitality of the city, and Mr. Bowles wrote that the Speaker's reception "was excessive if not oppressive."
In an interview between Colfax and Young, during which the subject of polygamy was brought up by the latter, he asked what the government intended to do with it, now that the slavery question was out of the way. Mr. Colfax replied with the expression of a hope that the prophets of the church would have a new "revelation" which would end the practice, pointing out an example in the course of Missouri and Maryland in abolishing slavery, without waiting for action by the federal government. "Mr. Young," says Bowles, "responded quietly and frankly that he should readily welcome such a revelation; that polygamy was not in the original book of the Mormons; that it was not an essential practice in the church, but only a privilege and a duty, under special command of God."*
* "Across the Continent," p. 111.
It is worth while to note Mr. Bowles's summing up of his observations of Mormondom during this visit. "The result," he wrote, "of the whole experience has been to increase my appreciation of the value of their material progress and development to the nation; to evoke congratulations to them and to the country for the wealth they have created, and the order, frugality, morality (sic), and industry they have organized in this remote spot in our continent; to excite wonder at the perfection of their church system, the extent of its ramifications, the sweep of its influence, and to enlarge my respect for the personal sincerity and character of many of the leaders in the organization."* These were the expressions of a leading journalist, thought worthy to be printed later in book form, on a church system and church officers about which he had gathered his information during a few hours' visit, and concerning which he was so fundamentally ignorant that he called their Bible—whose title is, "Book of Mormon"—"book of the Mormons!" It is reasonably certain that he had never read Smith's "revelations," doubtful if he was acquainted with even the framework of the Mormon Bible, and probable that he was wholly ignorant of the history of their recent "Reformation." Many a profound opinion of Mormonism has been founded on as little opportunity for accurate knowledge.**
* "Across the Continent," p. 106.
** As another illustration of the value of observations by such
transient students may be cited the following, from Sir Charles
Wentworth Dilke's "Greater Britain," Vol. I, p. 148: "Brigham's deeds
have been those of a sincere man. His bitterest opponents cannot dispute
the fact that, in 1844, when Nauvoo was about to be deserted owing to
attacks by a ruffianly mob, Brigham Young rushed to the front and took
command. To be a Mormon leader was then to be the leader of an outcast
people, with a price set on his head, in a Missouri country in which
almost every man who was not a Mormon was by profession an assassin."
The Eastern visitors soon learned, however, how little intention the Mormon leaders had to be cajoled out of polygamy. Before Mr. Bowles's book was published, he had to add a supplement, in which he explained that "since our visit to Utah in June, the leaders among the Mormons have repudiated their professions of loyalty to the government, and denied any disposition to yield the issue of polygamy." Tullidge sneers at Colfax "for entertaining for a while the pretty plan" of having the Mormons give up polygamy as the Missourians did slavery. The Deseret News, soon after the Colfax party left the territory, expressed the real Mormon view on this subject, saying: "As a people we view every revelation from the Lord as sacred. Polygamy was none of our seeking. It came to us from Heaven, and we recognized it, and still do, the voice of Him whose right it is not only to teach us, but to dictate and teach all men.... They [Gentiles] talk of revelations given, and of receiving counter revelations to forbid what has been commanded, as if man was the sole author, originator, and designer of them.... Do they wish to brand a whole people with the foul stigma of hypocrisy, who, from their leaders to the last converts that have made the dreary journey to these mountain wilds for their faith, have proved their honesty of purpose and deep sincerity of faith by the most sublime sacrifices? Either that is the issue of their reasoning, or they imagine that we serve and worship the most accommodating Deity ever dreamed of in the wildest vagaries of the most savage polytheist."
This was a perfectly consistent statement of the Mormon position, a simple elaboration of Young's declaration that, to give up belief in Smith as a prophet, and in his "revelations," would be to give up their faith. Just as truly, any later "revelation," repealing the one concerning polygamy, must be either a pretence or a temporary expedient, in orthodox Mormon eyes. The Mormons date the active crusade of the government against polygamy from the return of the Colfax party to the East, holding that this question did not enter into the early differences between them and the government.*
* Tullidge's "History of Salt Lake City," p. 358.
In the year following Colfax's visit, there occurred in Utah two murders which attracted wide notice, and which called attention once more to the insecurity of the life of any man against whom the finger of the church was crooked. The first victim was O. N. Brassfield, a non-Mormon, who had the temerity to marry, on March 20, 1866, the second polygamous wife of a Mormon while the husband was in Europe on a mission. As he was entering his house in Salt Lake City, on the third day of the following month, he was shot dead. An order that had been given to disband the volunteer troops still remaining in the territory was countermanded from Washington, and General Sherman, then commander of that department, telegraphed to Young that he hoped to hear of no more murders of Gentiles in Utah, intimating that, if he did, it would be easy to reenlist some of the recently discharged volunteers and march them through the territory.
The second victim was Dr. J. King Robinson, a young man who had come to Utah as assistant surgeon of the California volunteers, married the daughter of a Mormon whose widow and daughters had left the church, and taken possession of the land on which were some well-known warm springs, with the intention of establishing there a sanitarium. The city authorities at once set up a claim to the warm springs property, a building Dr. Robinson had erected there was burned, and, as he became aggressive in asserting his legal rights, he was called out one night, ostensibly to set a broken leg, knocked down, and shot dead. The audacity of this crime startled even the Mormons, and the opinion has been expressed that nothing more serious than a beating had been intended. There was an inquest before a city alderman, at which some non-Mormon lawyers and judges Titus and McCurdy were asked to assist. The chief feature of this hearing was the summing up by Ex-Governor J. B. Weller, of California, in which he denounced such murders, asked if there was not an organized influence which prevented the punishment of their perpetrators, and confessed that the prosecution had not been permitted "to lift the veil, and show the perpetrators of this horrible murder." *
* Text in "Rocky Mountain Saints," Appendix I.
General W. B. Hazen, in his report of February, 1867, said of these victims: "There is no doubt of their murder from Mormon church influences, although I do not believe by direct command. Principles are taught in their churches which would lead to such murders. I have earnestly to recommend that a list be made of the Mormon leaders, according to their importance, excepting Brigham Young, and that the President of the United States require the commanding officer at Camp Douglas to arrest and send to the state's prison at Jefferson City, Mo., beginning at the head of the list, man for man hereafter killed as these men were, to be held until the real perpetrators of the deed, with evidence for their conviction, be given up. I believe Young for the present necessary for us there"*
* Mis. House Doc. No. 75, 2d Session, 39th Congress.
Had this policy been adopted, Mormon prisoners would soon have started East, for very soon afterward three other murders of the same character occurred, although the victims were not so prominent.* Chief Justice Titus incurred the hatred of the Mormons by determined, if futile, efforts to bring offenders in such cases to justice, and to show their feeling they sent him a nightgown ten feet long, at the hands of a negro.
* See note 70, p. 628, Bancroft's "History of Utah." When, in
July, 1869, a delegation from Illinois, that included Senator Trumbull,
Governor Oglesby, Editor Medill of the Chicago Tribune, and many
members of the Chicago Board of Trade, visited Salt Lake City, they were
welcomed by and affiliated with the Gentile element;* and when, in the
following October, Vice President Colfax paid a second visit to the
city, he declined the courtesies tendered to him by the city officers.**
He made an address from the portico of the Townsend House, of which
polygamy was the principle feature, and was soon afterward drawn into a
newspaper discussion of the subject with John Taylor.
* In an interview between Young and Senator Trumbull during this
visit (reported in the Alta California), the following conversation took
place:—"Young—We can take care of ourselves. Cumming was good enough
in his way, for you know he was simply Governor of the Territory, while
I was and am Governor of the people."
"Senator Trumbull—Mr. Young, may I say to the President that you intend to observe the laws under the constitution?"
"Young-Well-yes—we intend to."
"Senator Trumbull—But may I say to him that you will do so?"
"Young—Yes, yes; so far as the laws are just, certainly."
** "Mr. Colfax politely refused to accept the proffered
courtesies of the city. Brigham was reported to have uttered abusive
language in the Tabernacle towards the Government and Congress, and to
have charged the President and Vice President with being drunkards.
One of the Aldermen who waited upon Mr. Colfax to tender to him the
hospitality of the city could only say that he did not hear Brigham say
so."—"Rocky Mountain Saints," p. 638.