1862–1870
The “Anti-Bigamy Law”
Instead of granting statehood in answer to the petition of the people of Utah, Congress passed an “anti-bigamy law” in opposition to the practice of plural marriage. It was presented to the house of representatives by Justin R. Morrill of Vermont, but was instigated by Governor Harding and Judges Waite and Drake. The bill—the first of the kind to be placed on the statutes—was signed by President Lincoln, July 8, 1862. It defined plural marriage as bigamy, and made the contracting of such a marriage punishable by a fine of five hundred dollars and imprisonment for a term of five years. This law was considered by many leading attorneys and others not “Mormons,” as being unconstitutional. It was not enforced, President Lincoln’s policy being to let the “Mormons” alone. Among the features which helped to make it inoperative was the provision, aimed at the Church, forbidding religious bodies in territories to hold real estate in value to exceed fifty thousand dollars. An effort was made by Governor Harding, in 1863, to have Brigham Young punished under this law. He was taken before Judge Kinney and placed under bonds, but the grand jury failed to take action and the case was dropped.
Attempted Legislation Against the “Mormons”
The governor and two judges went even further in their desire to obtain legislation effecting the citizens of Utah. They entered into a conspiracy to have removed many powers vested in the loyal officers and place them under federal control. Among these changes they proposed that Congress limit the powers of the county courts to the probating of wills, issuing titles of administration and guardianship; place in the hands of the United States marshal the power to summon jurors as he might think proper—a thing that would have proved very disadvantageous to the Saints—and give the governor full power to appoint all the officers of the militia, and designate the days when the companies should drill. When this proposed legislation was presented in Congress and it was learned who the authors were, it caused great indignation in Utah. A mass meeting was held and the guilty officials were asked to resign, which they refused to do. A petition was sent to Washington asking for their removal and for the appointment of “good men in their stead.” A counter petition was sent from the companies of California volunteers, who were stationed at the time in the valley. While the people did not get all they asked for, the governor was removed and James Duane Doty, superintendent of Indian affairs in the territory, and a much better man, was chosen in his place.
The California Volunteers
Very soon after the departure of Johnston’s army, the people of Utah were inflicted with the presence of other troops. These were volunteers from California and Nevada, about seven hundred strong, who were detained in Salt Lake City, as they were on their way to the East to take part in the Civil War. They were under the command of Colonel (later General) Patrick Edward Connor, who greatly desired to take active part in the war. He was a man whose loyalty to the United States was of the highest order. When he was commanded to stay in Utah, he was exceedingly disappointed. Secretary of War Edward Stanton—who was extremely distrustful of the “Mormons”—stationed Colonel Connor at Salt Lake City ostensibly to guard the telegraph and mail route, but more particularly to watch the “Mormons.” Connor established his headquarters on the foothills east of Salt Lake City, naming the place Camp Douglas, in honor of Stephen A. Douglas. He was extremely prejudiced against the Latter-day Saints, and lost no occasion to manifest his bitter feelings in public or in private; so obsessed was he that “no good thing could come out of Utah.” Every word, every action of the “Mormons,” was falsely interpreted; and provocation given by him to antagonize the leaders of the Church whom he considered to be disloyal.
The Union Vedette
Under his direction an anti-“Mormon” paper edited by Captain Charles H. Hempstead was published at Camp Douglas and later in the city. It was called the Union Vedette, the mission of which was to fight “Mormonism.” Connor also attempted to establish military rule instead of civil authority, thus depriving the citizens of their rights.