* This account is given in Mrs. Waite's "The Mormon Prophet."
Tullidge omits the incident in his "History of Salt Lake City."
Judge Drummond, reversing the policy of Chief Justice Kinney and Judge Shaver, announced, before the opening of the first session of his court, that he should ignore all proceedings of the territorial probate courts except such as pertained to legitimate probate business. This position was at once recognized as a challenge of the entire Mormon judicial system,* and steps were promptly taken to overthrow it. There are somewhat conflicting accounts of the method adopted. Mrs. Waite, in her "Mormon Prophet," Hickman, in his confessions, and Remy, in his "Journey," have all described it with variations. All agree that a quarrel was brought about between the judge and a Jew, which led to the arrest of both of them. "During the prosecution of the case," says Mrs. Waite, "the judge gave some sort of a stipulation that he would not interfere any further with the probate courts."
* A member of the legislature wrote to his brother in England, of
Drummond: He has brass to declare in open court that the Utah laws
are founded in ignorance, and has attempted to set some of the most
important ones aside,... and he will be able to appreciate the merits of
a returned compliment some day."
* Tullidge, "History of Salt Lake City," p. 412.
Judge Stiles left the territory in the spring of 1857, and gave the government an account of his treatment in the form of an affidavit when he reached Washington. Judge Drummond held court a short time for Judge Stiles in Carson County (now Nevada)* in the spring of 1857, and then returned to the East by way of California, not concealing his opinion of Mormon rule on the way, and giving the government a statement of the case in a letter resigning his judgeship.
* The settlement of what is now Nevada was begun by both Mormons
and non-Mormons in 1854, and, the latter being in the majority, the Utah
legislature organized the entire western part of the territory as one
county, called Carson, and Governor Young appointed Orson Hyde
its probate judge. Many persons coming in after the settlement of
California, as miners, farmers, or stock-raisers, the Mormons saw their
majority in danger, and ordered the non-Mormons to leave. Both sides
took up arms, and they camped in sight of each other for two weeks. The
Mormons, learning that their opponents were to receive reenforcements
from California, agreed on equal rights for all in that part of the
territory; but when the legislature learned of this, it repealed the
county act, recalled the judge, and left the district without any legal
protection whatever. Thus matters remained until late in 1858, when a
probate judge was quietly appointed for Carson Valley. After this an
election was held, but although the non-Mormons won at the polls, the
officers elected refused to qualify and enforce Mormon statutes.—Letter
of Delegate-elect J. M. Crane of Nevada, "The Mormon Prophet," pp.
4l-45.
After the departure of the non-Mormon federal judges from Utah, the only non-Mormon officers left there were those belonging to the office of the surveyor general, and two Indian agents. Toward these officers the Mormons were as hostile as they had been toward the judges, and the latest information that the government received about the disposition and intentions of the Mormons came from them.
The Mormon view of their title to the land in Salt Lake Valley appeared in Young's declaration on his first Sunday there, that it was theirs and would be divided by the officers of the church.* Tullidge, explaining this view in his history published in 1886, says that this was simply following out the social plan of a Zion which Smith attempted in Ohio, Missouri, and Illinois, under "revelation." He explains: "According to the primal law of colonization, recognized in all ages, it was THEIR LAND if they could hold and possess it. They could have done this so far as the Mexican government was concerned, which government probably never would even have made the first step to overthrow the superstructure of these Mormon society builders. At that date, before this territory was ceded to the United States, Brigham Young, as the master builder of the colonies which were soon to spread throughout these valleys, could with absolute propriety give the above utterances on the land question."**
* "They will not, however, without protest, buy the land, and
hope that grants will be made to actual settlers or the state,
sufficient to cover their improvements. If not, the state will be
obliged to buy, and then confirm the titles already given."—Gunnison.
"The Mormons," 1852, p. 414.
** Captain Gunnison, who as lieutenant accompanied Stansbury's
surveying party and printed a book giving his personal observations, was
murdered in 1853 while surveying a railroad route at a camp on
Sevier River. His party were surprised by a band of Pah Utes while at
breakfast, and nine of them were killed. The charge was often made that
this massacre was inspired by Mormons, but it has not been supported by
direct evidence.