The most important action of this legislature was the passage of a memorial to the President and Congress of the United States. It called attention to the fact that a previous legislature had memorialized Congress in respect to the situation in Utah, had set forth the grievances of the people and made known their wishes in regard to the appointment of the U. S. officials for the Territory. They had asked that the said officials be selected from the citizens of Utah, whose interests would be identical with those of the people among whom they administered the law.

The present memorialists reminded the President and Congress that no action had been taken, no answer made to this former memorial, "unless," said they, "it is to be understood that the appointment of a full set of officers for this Territory, backed by an army to enforce them upon us * * is to be deemed an answer." And then, notwithstanding an army was encamped on their borders, with the prospect of being re-enforced and marched into Salt Lake Valley in the spring, the legislature had the spirit to talk to Congress in the following strain:

"We appeal to you as American citizens who have been wronged, insulted, abused and persecuted; driven before our relentless foes from city to city—from state to state—until we were finally expelled from the confines of civilization to seek a shelter in a barren, inhospitable clime, amid the wild, savage tribes of the desert plains. We claim to be a portion of the people, and as such have rights that must be respected, and which we have a right to demand. We claim that in a republican form of government, such as our fathers established, and such as ours still professes to be, the officers are and should be the servants of the people—not their masters, dictators or tyrants.

"To the numerous charges of our enemies we plead not guilty, and challenge the world before any just tribunal to the proof. * * Try on the plaster of friendly intercourse and honorable dealing instead of foul aggression and war. Treat us as friends—as citizens entitled to and possessing equal rights with our fellows—and not as alien enemies, lest you make us such. * * All we want is the truth and fair play. The administration have been imposed upon by false, designing men; their acts have been precipitate and hasty, perhaps through lack of due consideration. Please to let us know what you want of us before you prepare your halters to hang, or 'apply the knife to cut out the loathsome, disgusting ulcer.' Do you wish us to deny our God and renounce our religion? That we shall not do. * * Withdraw your troops, give us our Constitutional rights and we are at home."

This document was signed by Elder Taylor, Speaker of the House; and Heber C. Kimball, President of the council.

During the winter of 1857-8 the "army for Utah" was kept encamped on or near Ham's Fork, and about Fort Bridger, unable to move into Salt Lake Valley, as large numbers of its stock had been run off; and a forced march into the Valley was impracticable as the mountain passes were well fortified and guarded by the Utah militia, determined to resist such a movement. Meantime the favorable report given of the Mormons by Captain Van Vliet at Washington, had produced a change in public sentiment; and President Buchanan found himself with his Utah expedition on his hands without being able to assign any reasonable cause for having inaugurated it.

It was at this juncture that Colonel Thomas L. Kane, of Pennsylvania, offered his services to the perplexed President. Colonel Kane had been a witness of the cruel expulsion of the Mormons from Illinois, and had become their firm and fast friend. It was, therefore, as much the object of the Colonel to render further service to a people to whom he had become attached, as it was to prevent the administration at Washington from making a further blunder, that induced him to offer his services as mediator between the President and the people of Utah.

The Colonel arrived in Salt Lake City in February, 1858, and was heartily welcomed by the Church leaders and the Saints. The result of his mediation was that the people received and acknowledged the President's appointee for Governor of the Territory, Alfred Cumming, of Georgia, provided he would agree to come to Salt Lake City without the army—conditions which Governor Cumming readily accepted.

He was escorted to Salt Lake City by Colonel Kane and several companies of the Utah militia; and everywhere was met with a hearty welcome and acknowledged Governor of Utah. He notified General Albert Sidney Johnston—who had succeeded Harney in the command of the Utah expedition—to this effect; and informed him that the presence of the army was not necessary to maintain his authority.

In his report to the Secretary of State, Governor Cumming denied the charges made against the Mormon people—charges which had been pointed to as justifying the President in sending the army—so that there was left not even the shadow of a justification for this inconsiderate, hostile demonstration. But even before Governor Cumming's report reached Washington, President Buchanan had become so heartily sick of his blunder that he issued a proclamation[[1]] pardoning the people for their alleged rebellion and treason.