"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.