CHAPTER X. — THE TERRITORIAL GOVERNMENT—JUDGE BROCCHUS'S EXPERIENCE
In March, 1851, the two houses of the legislature of Deseret, sitting together, adopted resolutions "cheerfully and cordially" accepting the law providing a territorial government for Utah, and tendering Union Square in Salt Lake City as a site for the government buildings. The first territorial election was held on August 4, and the legislative assembly then elected held its first meeting on September 22. An act was at once passed continuing in force the laws passed by the legislature of Deseret (an unauthorized body) not in conflict with the territorial law, and locating the capital in the Pauvan Valley, where the town was afterward named Fillmore* and the county Millard, in honor of the President.
* Only one session of the legislature was held at Fillmore
(December, 1855). The lawmakers afterward met there, but only to adjourn
to Salt Lake City.
The federal law, establishing the territory, provided that the governor, secretary, chief justice and two associate justices of the Supreme Court, the attorney general, or state's attorney, and marshal should be appointed by the President of the United States. President Fillmore on September 22, 1850, filled these places as follows: governor, Brigham Young; secretary, B. D. Harris of Vermont; chief justice, Joseph Buffington of Pennsylvania; associate justices, Perry E. Brocchus and Zerubbabel Snow; attorney general, Seth M. Blair of Utah; marshal, J. L. Heywood of Utah, Young, Snow, Blair, and Heywood being Mormons. L. G. Brandebury was later appointed chief justice, Mr. Buffington declining that office.
The selection of Brigham Young as governor made him, in addition to his church offices, ex-officio commander-in-chief of the militia and superintendent of Indian affairs, the latter giving him a salary of $1000 a year in addition to his salary of $1500 as governor. Had the character of the Mormon church government been understood by President Fillmore, it does not seem possible that he would, by Young's appointment, have so completely united the civil and religious authority of the territory in one man; or, if he had had any comprehension of Young's personal characteristics, it is fair to conclude that the appointment would not have been made.
The voice which the President listened to in the matter was that of that adroit Mormon agent, Colonel Thomas L. Kane. Kane's part in the business came out after these appointments were announced, and after the Buffalo (New York) Courier had printed a communication attacking Young's character on the ground of his record both in Illinois and Utah. President Fillmore sent these charges to Kane (on July 4, 1851) with a letter in which he said, "You will recollect that I relied much upon you for the moral character of Mr. Young," and asking him to "truly state whether these charges against the moral character of Governor Young are true." Kane sent two letters in reply, dated July 11. In a short open one he said: "I reiterate without reserve the statement of his excellent capacity, energy, and integrity, which I made you prior to the appointment. I am willing to say that I VOLUNTEERED to communicate to you the facts by which I was convinced of his patriotism and devotion to the Union. I made no qualification when I assured you of his irreproachable moral character, because I was able to speak of this from my own intimate personal knowledge."
The second letter, marked "personal," went into these matters much more in detail. It declared that the tax levied by Young on non-Mormons who sold goods in Salt Lake City was a liquor tax, creditable to Mormon temperance principles. Had the President consulted the report of the debate on Babbitt's admission as a Delegate, he would have discovered that this was falsehood number one. The charges against Young while in Illinois, including counterfeiting, Kane swept aside as "a mere rehash of old libels," and he cited the Battalion as an illustration of Mormon patriotism. The extent to which he could go in falsifying in Young's behalf is illustrated, however, most pointedly in what he had to say regarding the charge of polygamy: "The remaining charge connects itself with that unmixed outrage, the spiritual wife story; which was fastened on the Mormons by a poor ribald scamp whom, though the sole surviving brother and representative of their Jo. Smith, they were literally forced to excommunicate for licentiousness, and who therefore revenged himself by editing confessions and disclosures of savor to please the public that peruses novels in yellow paper covers."* In regard to William Smith, the fact was that he opposed polygamy both before and after his expulsion from the church. Kane's stay among the Mormons on the Missouri must have acquainted him with the practically open practice of polygamy at that time. His entire correspondence with Fillmore stamps him as a man whose word could be accepted on no subject. It would have been well if President Buchanan had availed himself of the existence of these letters. Fillmore stated in later years that at that time neither he nor the Senate knew that polygamy was an accepted Mormon doctrine.
* For correspondence in full, see Millennial Star, Vol. XIII, pp.
341-344.
Young took the oath of office as governor in February, 1851. The non-Mormon federal officers arrived in June and July following, and with them came Babbitt, bringing $20,000 which had been appropriated by Congress for a state-house, and J. M. Bernhisel, the first territorial Delegate to Congress, with a library purchased by him in the East for which Congress had provided. The arrival of the Gentile officers gave a speedy opportunity to test the temper of the church in regard to any interference with, or even discussion of, their "peculiar" institutions or Young's authority.
Their first welcome was cordial, with balls and dinners at the Bath House at the Hot Springs at which, for their special benefit, says a local historian, was served "champagne wine from the grocery," with home-brewed porter and ale for the rest. When Judge Brocchus reached Salt Lake City, his two non-Mormon associates had been there long enough to form an opinion of the Mormon population and of the aims of the leading church officers. They soon concluded that "no man else could govern them against Brigham Young's influence, without a military force,"* and they heard many expressions, public and private, indicating the contempt in which the federal government was held. The anniversary of the arrival of the pioneers, July 24, was always celebrated with much ceremony, and that year the principal addresses were made by "General" D. H. Wells and Brigham Young. Some of the new officers occupied seats on the platform. Wells attacked the government for "requiring" the Battalion to enlist. Young paid especial attention to President Taylor, who had recently died, and whose course toward the Mormons did not please them, closing this part of his remarks with the declaration, "but Zachary Taylor is dead and in hell, and I am glad of it," adding, "and I prophesy in the name of Jesus Christ, by the power of the priesthood that's upon me, that any President of the United States who lifts his finger against this people, shall die an untimely death, and go to hell."