* Whitney's "History of Utah," Vol. II, p. 332.
"But for the boldness of the Reformers, Utah to-day would not have been what it is. Inspired by their example, the people who have listened to them disregarded the teachings of the priesthood against trading with or purchasing of the Gentiles. The spell was broken, and, as in all such like experience, the other extreme was for a time threatened. Walker Brothers regained their lost trade.... Reference could be made to elders, some of whom had to steal away from Utah, for fear of violent hands being laid upon them had their intended departure been made known, who are to-day wealthy and respected gentlemen in the highest walks of life, both in the United States and in Europe."
** For accounts of "The Reformation" by leaders in it,
see Chap. 53 of Stenhouse's "Rocky Mountain Saints," and Tullidge's
article, Harper's Magazine, Vol. XLIII, p. 602.
CHAPTER XXI. — THE LAST YEARS OF BRIGHAM YOUNG
Governor Doty died in June, 1865, without coming in open conflict with Young, and was succeeded by Charles Durkee, a native of Vermont, but appointed from Wisconsin, which state he had represented in the United States Senate. He resigned in 1869, and was succeeded by J. Wilson Shaffer of Illinois, appointed by President Grant at the request of Secretary of War Rawlins, who, in a visit to the territory in 1868, concluded that its welfare required a governor who would assert his authority. Secretary S. A. Mann, as acting governor, had, just before Shaffer's arrival, signed a female suffrage bill passed by the territorial legislature. This gave offence to the new governor, and Mann was at once succeeded by Professor V. H. Vaughn of the University of Alabama, and Chief Justice C. C. Wilson (who had succeeded Titus) by James B. McKean. The latter was a native of Rensselaer County, New York; had been county judge of Saratoga County from 1854 to 1858, a member of the 36th and 37th Congresses, and colonel of the 72nd New York Volunteers.
Governor Shaffer's first important act was to issue a proclamation forbidding all drills and gatherings of the militia of the territory (which meant the Nauvoo Legion), except by the order of himself or the United States marshal. Wells, signing himself "Lieutenant General," sent the governor a written request for the suspension of this order. The governor, in reply, reminded Wells that the only "Lieutenant General" recognized by law was then Philip H. Sheridan, and declined to assist him in a course which "would aid you and your turbulent associates to further convince your followers that you and your associates are more powerful than the federal government." Thus practically disappeared this famous Mormon military organization.
Governor Shaffer was ill when he reached Utah, and he died a few days after his reply to Wells was written, Secretary Vaughn succeeding him until the arrival of G. A. Black, the new secretary, who then became acting governor pending the arrival of George L. Woods, an ex-governor of Oregon, who was next appointed to the executive office.
As soon as the new federal judges, who were men of high personal character, took their seats, they decided that the United States marshal, and not the territorial marshal, was the proper person to impanel the juries in the federal courts, and that the attorney general appointed by the President under the Territorial Act, and not the one elected under that act, should prosecute indictments found in the federal courts. The chief justice also filled a vacancy in the office of federal attorney. The territorial legislature of 1870, accordingly, made no appropriation for the expenses of the courts; and the chief justice, in dismissing the grand and petit juries on this account, explained to them that he had heard one of the high priesthood question the right of Congress even to pass the Territorial Act.
In September, 1871, the United States marshal summoned a grand jury from nine counties (twenty-three jurors and seventeen talesmen) of whom only seven were Mormons. All the latter, examined on their voir dire, declared that they believed that polygamy was a revelation to the church, and that they would obey the revelation rather than the law, and all were successfully challenged. This grand jury, early in October, found indictments against Brigham Young, "General" Wells, G. Q. Cannon, and others under a territorial statute directed against lewdness and improper cohabitation. This action caused intense excitement in the Mormon capital. Prosecutor Baskin was quoted as saying that the troops at Camp Douglas would be used to enforce the warrant for Young's arrest if necessary, and the possible outcome has been thus portrayed by the Mormon historian:—"It was well known that he [Young] had often declared that he never would give himself up to be murdered as his predecessor, the Prophet Joseph, and his brother Hyrum had been, while in the hands of the law, and under the sacred pledge of the state for their safety; and, ere this could have been repeated, ten thousand Mormon Elders would have gone into the jaws of death with Brigham Young. In a few hours the suspended Nauvoo Legion would have been in arms."*