Kimball, in giving Young's order to some seventy men, who had displeased him, to leave the territory, used these words: "When a man is appointed to take a mission, unless he has a just and honorable reason for not going, if he does not go he will be severed from the church. Why? Because you said you were willing to be passive, and, if you are not passive, that lump of clay must be cut off from the church and laid aside, and a lump put on that will be passive." *
* Journal of Discourses, Vol. III, p. 242.
With this testimony of men inside the church may be placed that of Captain Howard Stansbury, of the United Stated Topographical Engineers, who arrived in the valley in August, 1849, under instructions from the government to make a survey of the lakes of that region. The Mormons thought that it was the intention of the government to divide the land into townships and sections, and to ignore their claim to title by occupation. In his official report, after mentioning his haste to disabuse Young's mind on this point, Captain Stansbury says, "I was induced to pursue this conciliatory course, not only in justice to the government, but also because I knew, from the peculiar organization of this singular community, that, unless the 'President' was fully satisfied that no evil was intended to his people, it would be useless for me to attempt to carry out my instructions." The choice between abject conciliation or open conflict was that which Brigham Young extended to nearly every federal officer who entered Utah during his reign.
The Mormons of Utah started in to assert their independence of the government of the United States in every way. The rejection of the constitution of Deseret by Congress did not hinder the elected legislature from meeting and passing laws. The ninth chapter of the "ordinances," as they were called, passed by this legislature (on January 19, 1851) was a charter for Great Salt Lake City. This charter provided for the election of a mayor, four aldermen, nine councillors, and three judges, the first judges to be chosen viva voce, and their successors by the City Council. The appointment of eleven subordinate officers was placed in the Council's hands. The mayor and aldermen were to be the justices of the peace, with a right of appeal to the municipal court, consisting of the same persons sitting together, and from that to the probate court. The first mayor, aldermen, and councillors were appointed by the governor of the State of Deseret. Similar charters were provided for Ogden, Provo City, and other settlements.
As soon as Salt Lake City was laid off into wards, Young had a Bishop placed over each of these, and, always under his direction, these Bishops practically controlled local affairs to the date of the city charter. Each Bishop came to be a magistrate of his ward,* and under them in all the settlements all public work was carried on and all revenue collected. The High Council of ten is defined by Tullidge as "a quorum of judges, in equity for the people, at the head of which is the President of the state."
* Brigham Young testified in the Tabernacle as to the kind of
justice that was meted out in the Bishops' courts. In his sermon of
March 6, 1856, he said: "There are men here by the score who do not know
their right hands from their left, so far as the principles of justice
are concerned. Does our High Council? No, for they will let men throw
dirt in their eyes until you cannot find the one hundred millionth part
of an ounce of common sense in them. You may go to the Bishops' courts,
and what are they? A set of old grannies. They cannot judge a case
pending between two old women, to say nothing of a case between man and
man." Journal of Discourses, Vol. III, p. 225.
These men did not hesitate to attempt a currency of their own. On the arrival of the Mormons in the valley, they first made their exchanges through barter. Paper currency was issued in 1849 and some years later. When gold dust from California appeared in 1849, some of it was coined in Salt Lake City by means of homemade dies and crucibles. The denominations were $2.50, $5, $10, and $20. Some of these coins, made without alloy, were stamped with a bee-hive and eagle on one side, and on the reverse with the motto, "Holiness to the Lord" in the so-called Deseret alphabet. This alphabet was invented after their arrival in Salt Lake Valley, to assist in separating the Mormons from the rest of the nation, its preparation having been intrusted to a committee of the board of regents in 1853. It contained thirty-two characters. A primer and two books of the Mormon Bible were printed in the new characters, the legislature in 1855 having voted $2500 to meet the expense; but the alphabet was never practically used, and no attempt is any longer made to remember it. Early in 1849 the High Council voted that the Kirtland bank-bills (of which a supply must have remained unissued) be put out on a par with gold, and in this they saw a fulfilment of the prophet's declaration that these notes would some day be as good as gold.
Another early ordinance passed by the Deseret legislature incorporated "The Church of Jesus Christ of Latter-Day Saints," authorizing the appointment of a trustee in trust to hold and manage all the property of the church, which should be free from tax, and giving the church complete authority to make its own regulations, "provided, however, that each and every act or practice so established, or adopted for law or custom, shall relate to solemnities, sacraments, ceremonies, consecrations, endowments, tithing, marriages, fellowship, or the religious duties of man to his Maker, inasmuch as the doctrines, principles, practices, or performances support virtue and increase morality, and are not inconsistent with or repugnant to the constitution of the United States or of this State, and are founded on the revelations of the Lord." Thus early was the ground taken that the practice of polygamy was a constitutional right. Brigham Young was chosen as the trustee.
The second ordinance passed by this legislature incorporated the University of the State of Deseret, at Salt Lake City, to be governed by a chancellor and twelve regents.
The earliest non-Mormons to experience the effect of that absolute Mormon rule, the consequences of which the Missourians had feared, were the emigrants who passed through Salt Lake Valley on their way to California after the discovery of gold, or on their way to Oregon. The complaints of the Californians were set forth in a little book, written by one of them, Nelson Slater, and printed in Colona, California, in 1851, under the title, "Fruits of Mormonism." The general complaints were set forth briefly in a petition to Congress containing nearly two hundred and fifty signatures, dated Colona, June 1, 1851, which asked that the territorial government be abrogated, and a military government be established in its place. This petition charged that many emigrants had been murdered by the Mormons when there was a suspicion that they had taken part in the earlier persecutions; that when any members of the Mormon community, becoming dissatisfied, tried to leave, they were pursued and killed; that the Mormons levied a tax of two per cent on the property of emigrants who were compelled to pass a winter among them; that it was nearly impossible for emigrants to obtain justice in the Mormon courts; that the Mormons, high and low, openly expressed treasonable sentiments against the United States government; and that letters of emigrants mailed at Salt Lake City were opened, and in many instances destroyed.