"Perhaps so, if this 'influx' is big enough, and good enough. But, you see, the Saints claim to have pre-empted about all the land here, that is worth anything, and they won't sell or lease to Gentiles, unless the Church says so. Besides, with the heavy immigration the Mormons are constantly receiving—about three thousand this year, to next to nothing by the Gentiles, and their naturally rapid increase, I fear they will keep greatly ahead of all outsiders, who won't be likely to come and stay long where they will be ostracised and outlawed. It isn't natural, that they should. Won't it be the same, as it was down South before the war, and has been ever since? Northern brain and capital wouldn't go there, and won't, because they believe in perfect freedom of speech and of the press—absolute security of person and property—and won't settle where these are wanting. How then can we expect them to emigrate here, where we have no true enjoyment of either? What sensible man would come to Utah, or bring his wife and children here, when he could go just as well to Colorado or Montana, Oregon or California, and escape the dismal drawbacks we have here? I admit I have great hopes of the Railroad, in time; and yet I confess, I fear, our questio vexata here in Utah, like its "twin" question down in Dixie, will find its solution only in gunpowder, if it is to find it soon. When nothing else will do, I have great faith in the moral power of bayonets—especially, when used on the right side."
"But, judge, is not Brigham Young the main cohesive power; and when he dies, what then?"
"Well, when that happens they may split up, on the question of his successor; but I suspect Brigham is too shrewd and far-seeing for that. He already has Brigham Young, Jr., his smartest son, in training for the succession—sent him missionary to England, and now he is a Brigadier-General in the Mormon Militia here—and the probability is, a "Revelation" will designate him for the Presidency, if death don't come too suddenly. Brigham will undoubtedly keep the succession in his own family, if he can; but he will not hesitate a moment to designate some other person, if the seeming interests of the Church require it. Of course, he is very illiterate; but he is a very able and sagacious man, for all that—devoted to Mormonism, and "dangerous" in every sense of that word."
"Have you no fear of him, yourself, judge? You speak your mind pretty plainly."
"No, I think not. He would hardly strike so high. Besides he is reputed to be a coward, personally, and I guess that is so. I have seen him charged with complicity in the Mountain Meadow massacre, and his shirking and cringing then was pitiful. No doubt, my life is always in danger here, more or less, as would be that of any other upright and fearless judge. Indeed, I have good reason to know, that they cordially hate me. After Dr. Robinson's assassination a friendly Mormon came to me at night, and told me confidentially my turn would come next. But I keep indoors after dark, or else go out only in company, or when heavily armed, and am prepared to sacrifice my life, if need be, at any time. I have lived too long in this world, to be much afraid of leaving it; and I don't know as I could die better anyhow, than in upholding and enforcing the laws of my country here in Utah."
"Do your Courts ever meet with real opposition to their ordinary courses of procedure?"
"Why, no—not formally; though I never have much confidence in a verdict, where one of the parties is a Gentile. Where plaintiff and defendant are both Mormons, our verdicts are usually righteous enough; though these are liable to be overruled or set aside, by the High Council of the Church—a body of irresponsible ecclesiastics, of course, unknown to the laws. This Council is composed of Brigham Young, and a number of the chief dignitaries of the Church, and is often appealed to by "big" Mormons, when the civil courts have gone against them."
"No! Really? But is not this mere rumor, judge?"
"No, indeed! I could cite several such cases, but will only trouble you with one. Not long ago, down in one of our Southern counties, a laboring man—a Mormon—was working in a barn, for and with a Mormon Bishop. In some way or other, they got into a quarrel, which ended in a fight, and in the course of this the Bishop hurt the poor fellow very badly. Among other things, he struck him with a pitchfork, harpooning him—so to speak—through the leg, so that the poor man was laid up for months, and made a cripple indeed for life. After his recovery, the outrage was so atrocious, and the community so generally with him, he mustered up courage enough to bring an action against the Bishop. The cause was tried in the Probate or County Court, where of course, all were Mormons. But the jurors, being neighbors of the injured man and cognizant of all the facts, resolved to do justice, and accordingly without much delay returned a verdict for $3,500 damages. The Bishop being rich, as the high dignitaries all are, appealed the case to my court, where I, after a full hearing, of course, affirmed the judgment of the court below, with heavy costs.