But the Mormon spirit was to be still further tested. On December 8 Governor Harding read his first message to the territorial legislature. It began with a tribute to the industry and enterprise of the people; spoke of the progress of the war, and of the application of the territory for statehood, and in this connection said, "I am sorry to say that since my sojourn amongst you I have heard no sentiments, either publicly or privately expressed, that would lead me to believe that much sympathy is felt by any considerable number of your people in favor of the government of the United States, now struggling for its very existence." He declared that the demand for statehood should not be entertained unless it was "clearly shown that there is a sufficient population" and "that the people are loyal to the federal government and the laws." He recommended the taking of a correct census to settle the question of population. All these utterances were gall and wormwood to a body of Mormon lawmakers, but worse was to come. Congress having passed an act "to prevent and punish the practice of polygamy in the territories," the governor naturally considered it his duty to call attention to the matter. Prevising that he desired to do so "in no offensive manner or unkind spirit," he pointed out that the practice was founded on no territorial law, resting merely on custom; and laid, down the principle that "no community can happily exist with an institution so important as that of marriage wanting in all those qualities that make it homogeneal with institutions and laws of neighboring civilized countries having the same spirit." He spoke of the marriage of a mother and her daughter to the same man as "no less a marvel in morals than in matters of taste," and warned them against following the recommendation of high church authorities that the federal law be disregarded. This message, according to the Mormon historian, was "an insult offered to their representatives."*
* Tullidge's "History of Salt Lake City," p. 305.
These representatives resented the "insult" by making no reference in the journal to the reading of the message, and by failing to have it printed. When this was made known in Washington, the Senate, on January 16, 1863, called for a report by the Committee on Territories concerning the suppression of the message, and they got one from its chairman, Benjamin Wade, pointing out that Utah Territory was in the control of "a sort of Jewish theocracy," affording "the first exhibition, within the limits of the United States, of a church ruling the state," and declaring that the governor's message contained "nothing that should give offence to any legislature willing to be governed by the laws of morality," closing with a recommendation that the message be printed by Congress. The territorial legislature adjourned on January 16 without sending to Governor Harding for his approval a single appropriation bill, and the next day the so-called legislature of the State of Deseret met and received a message from the state governor, Brigham Young.
Next the new federal judges came under Mormon displeasure. We have seen the conflict of jurisdiction existing between the federal and the so-called probate courts and their officers. Judge Waite perceived the difficulties thus caused as soon as he entered upon his duties, and he sent to Washington an act giving the United States marshal authority to select juries for the federal courts, taking from the probate courts jurisdiction in civil actions, and leaving them a limited criminal jurisdiction subject to appeal to the federal court, and providing for a reorganization of the militia under the federal governor. Bernhisel and Hooper sent home immediate notice of the arrival of this bill in Washington.
Now, indeed, it was time for Brigham to "bend his finger." If a governor could openly criticise polygamy, and a judge seek to undermine Young's legal and military authority, without a protest, his days of power were certainly drawing to a close. Accordingly, a big mass-meeting was held in Salt Lake City on March 3, 1863, "for the purpose of investigating certain acts of several of the United States officials in the territory." Speeches were made by John Taylor and Young, in which the governor and judges were denounced.* A committee was appointed to ask the governor and two judges to resign and leave the territory, and a petition was signed requesting President Lincoln to remove them, the first reason stated being that "they are strenuously endeavoring to create mischief, and stir up strife between the people of the territory and the troops in Camp Douglas." The meeting then adjourned, the band playing the "Marseillaise."
* Reported in Mrs. Waite's "Mormon Prophet," pp. 98-102.
The committee, consisting of John Taylor, J. Clinton, and Orson Pratt, called on the governor and the judges the next morning, and met with a flat refusal to pay any attention to the mandate of the meeting. "You may go back and tell your constituents," said Governor Harding, "that I will not resign my office, and will not leave this territory, until it shall please the President to recall me. I will not be driven away. I may be in danger in staying, but my purpose is fixed." Judge Drake told the committee that he had a right to ask Congress to pass or amend any law, and that it was a special insult for him, a citizen, to be asked by Taylor, a foreigner, to leave any part of the Republic. "Go back to Brigham Young, your master," said he, "that embodiment of sin, shame, and disgust, and tell him that I neither fear him, nor love him, nor hate him—that I utterly despise him. Tell him, whose tools and tricksters you are, that I did not come here by his permission, and that I will not go away at his desire nor by his direction.... A horse thief or a murderer has, when arrested, a right to speak in court; and, unless in such capacity or under such circumstances, don't you even dare to speak to me again." Judge Waite simply declined to resign because to do so would imply "either that I was sensible of having done something wrong, or that I was afraid to remain at my post and perform my duty."**
* Text of replies in Mrs. Waite's "Mormon Prophet," pp. 107-109.
As soon as the action of the Mormon mass-meeting became known at Camp Douglas, all the commissioned officers there signed a counter petition to President Lincoln, "as an act of duty we owe our government," declaring that the charge of inciting trouble between the people and the troops was "a base and unqualified falsehood," that the accused officers had been "true and faithful to the government," and that there was no good reason for their removal.
Excitement in Salt Lake City now ran high. Young, in a violent harangue in the Tabernacle on March 8, after declaring his loyalty to the government, said, "Is there anything that could be asked that we would not do? Yes. Let the present administration ask us for a thousand men, or even five hundred, and I'd see them d—d first, and then they could not have them. What do you think of that?' (Loud cries of 'Good, Good,' and great applause.)"*