When Major Van Vliet returned from Utah to Washington with Young's
defiant ultimatum, he was accompanied by J. M. Bernhisel, the
territorial Delegate to Congress, who was allowed to retain his seat
during the entire "war," a motion for his expulsion, introduced soon
after Congress met, being referred to a committee which never reported
on it, the debate that arose only giving further proof of the ignorance
of the lawmakers about Mormon history, Mormon government, and Mormon
ambition.
In Washington Bernhisel was soon in conference with Colonel T. L.
Kane, that efficient ally of the Mormons, who had succeeded so well in
deceiving President Fillmore. In his characteristically wily manner,
Kane proposed himself to the President as a mediator between the federal
authorities and the Mormon leaders.* At that early date Buchanan was
not so ready for a compromise as he soon became, and the Cabinet did not
entertain Kane's proposition with any enthusiasm. But Kane secured from
the President two letters, dated December 3.** The first stated, in
regard to Kane, "You furnish the strongest evidence of your desire to
serve the Mormons by undertaking so laborious a trip," and that "nothing
but pure philanthropy, and a strong desire to serve the Mormon
people, could have dictated a course so much at war with your private
interests." If Kane presented this credential to Young on his arrival in
Salt Lake City, what a glorious laugh the two conspirators must have had
over it! The President went on to reiterate the views set forth in his
last annual message, and to say: "I would not at the present moment,
in view of the hostile attitude they have assumed against the United
States, send any agent to visit them on behalf of the government." The
second letter stated that Kane visited Utah from his own sense of duty,
and commended him to all officers of the United States whom he might
meet.
* H. H. Bancroft ("History of Utah," p. 529) accepts the
ridiculous Mormon assertion that Buchanan was compelled to change his
policy toward the Mormons by unfavorable comments "throughout the United
States and throughout Europe." Stenhouse says ("Rocky Mountain Saints,"
p. 386): "That the initiatory steps for the settlement of the Utah
difficulties were made by the government, as is so constantly repeated
by the Saints, is not true. The author, at the time of Colonel Kane's
departure from New York for Utah, was on the staff of the New
York Herald, and was conversant with the facts, and confidentially
communicated them to Frederick Hudson, Esq., the distinguished manager
of that great journal."
** Sen. Doc., 2d Session. 35th Congress, Vol. II, pp. 162-163.
Kane's method of procedure was, throughout, characteristic of the secret
agent of such an organization as the Mormon church. He sailed from New
York for San Francisco the first week in January, 1858, under the name
of Dr. Osborn. As soon as he landed, he hurried to Southern California,
and, joining the Mormons who had been called in from San Bernardino, he
made the trip to Utah with them, arriving in Salt Lake City in February.
On the evening of the day of his arrival he met the Presidency and the
Twelve, and began an address to them as follows: "I come as ambassador
from the Chief Executive of our nation, and am prepared and duly
authorized to lay before you, most fully and definitely, the feelings
and views of the citizens of our common country and of the Executive
toward you, relative to the present position of this territory, and
relative to the army of the United States now upon your borders." This
is the report of Kane's words made by Tullidge in his "Life of Brigham
Young." How the statement agrees with Kane's letters from the President
is apparent on its face. The only explanation in Kane's favor is that he
had secret instructions which contradicted those that were written and
published. Kane told the church officers that he wished to "enlist their
sympathies for the poor soldiers who are now suffering in the cold
and snow of the mountains!" An interview of half an hour with Young
followed--too private in its character to be participated in even by the
other heads of the church. An informal discussion ensued, the following
extracts from which, on Mormon authority, illustrate Kane's sympathies
and purpose:--
"Did Dr. Bernhisel take his seat?"
Kane--"Yes. He was opposed by the Arkansas member and a few others,
but they were treated as fools by more sagacious members; for, if the
Delegate had been refused his seat, it would have been TANTAMOUNT TO A
DECLARATION OF WAR."
"I suppose they [the Cabinet] are united in putting down Utah?"
Kane--"I think not."*
* Tullidge's "History of Salt Lake City," p. 203.
Kane was placed as a guest, still incognito, in the house of an elder,
and, after a few days' rest, he set out for Camp Scott. His course on
arriving there, on March 10, was again characteristic of the crafty
emissary. Not even recognizing the presence of the military so far as to
reply to a sentry's challenge, the latter fired on him, and he in turn
broke his own weapon over the sentry's head. When seized, he asked to be
taken to Governor Cumming, not to General Johnston.* "The compromise,"
explains Tullidge, "which Buchanan had to effect with the utmost
delicacy, could only be through the new governor, and that, too, by his
heading off the army sent to occupy Utah." A fancied insult from General
Johnston due to an orderly's mistake led Kane to challenge the general
to a duel; but a meeting was prevented by an order from Judge Eckles to
the marshal to arrest all concerned if his command to the contrary was
not obeyed.
"Governor Cumming," continued Tullidge, "could do nothing less than
espouse the cause of the `ambassador' who was there in the execution of
a mission intrusted to him by the President of the United States."**
* Colonel Johnston was made a brigadier general that winter.
** Kane brought an impudent letter from Young, saying that he had
learned that the United States troops were very destitute of provisions,
and offering to send them beef cattle and flour. General Johnston
replied to Kane that he had an abundance of provisions, and that, no
matter what might be the needs of his army, he "would neither ask nor
receive from President Young and his confederates any supplies while
they continued to be enemies of the government" Kane replied to this the
next day, expressing a fear that "it must greatly prejudice the public
interest to refuse Mr. Young's proposal in such a manner," and begging
the general to reconsider the matter. No farther notice seems to have
been taken of the offer.
Kane did not make any mistake in his selection of the person to approach
in camp. Judged by the results, and by his admissions in after years,
the most charitable explanation of Cumming's course is that he was
hoodwinked from the beginning by such masters in the art of deception
as Kane and Young. A woman in Salt Lake City, writing to her sons in
the East at the time, described the governor as in "appearance a very
social, good-natured looking gentleman, a good specimen of an old
country aristocrat, at ease in himself and at peace with all the
world."* Such a man, whom the acts and proclamations and letters of
Young did not incite to indignation, was in a very suitable frame of
mind to be cajoled into adopting a policy which would give him the
credit of bringing about peace, and at the same time place him at the
head of the territorial affairs.
* New York Herald, July 2, 1858. For personal recollections of
Cumming, see Perry's "Reminiscences of Public Men," p. 290. What is said
by Governor Perry of Cumming's Utah career is valueless.
In looking into the causes of what was, from this time, a backing down
by both parties to this controversy, we find at Washington that lack of
an aggressive defence of the national interests confided to him by his
office which became so much more evident in President Buchanan a few
years later. Defied and reviled personally by Young in the latter's
official communications, there was added reason to those expressed in
the President's first message why this first rebellion, as he called it,
"should be put down in such a manner that it shall be the last." But a
wider question was looming up in Kansas, one in which the whole nation
recognized a vital interest; a bigger struggle attracted the attention
of the leading members of the Cabinet. The Lecompton Constitution was a
matter of vastly more interest to every politician than the government
of the sandy valley which the Mormons occupied in distant Utah.
On the Mormon side, defiant as Young was, and sincere as was his
declaration that he would leave the valley a desert before the advance
of a hostile force, his way was not wholly clear. His Legion could not
successfully oppose disciplined troops, and he knew it. The conviction
of himself and his associates on the indictments for treason could be
prevented before an unbiased non-Mormon jury only by flight. Abjectly as
his people obeyed him,--so abjectly that they gave up all their gold and
silver to him that winter in exchange for bank notes issued by a company
of which he was president,--the necessity of a reiteration of the
determination to rule by the plummet showed that rebellion was at least
a possibility? That Young realized his personal peril was shown by some
"instructions and remarks" made by him in the Tabernacle just after
Kane set out for Fort Bridger, and privately printed for the use of
his fellow-leaders. He expressed the opinion that if Joseph Smith had
"followed the revelations in him" (meaning the warnings of danger), he
would have been among them still. "I do not know precisely," said
Young, "in what manner the Lord will lead me, but were I thrown into
the situation Joseph was, I would leave the people and go into the
wilderness, and let them do the best they could.... We are in duty bound
to preserve life--to preserve ourselves on earth--consequently we must
use policy, and follow in the counsel given us." He pointed out the sure
destruction that awaited them if they opened fire on the soldiers, and
declared that he was going to a desert region in the territory which he
had tried to have explored "a desert region that no man knows anything
about," with "places here and there in it where a few families could
live," and the entire extent of which would provide homes for five
hundred thousand people, if scattered about. In these circumstances "a
way out" that would free the federal administration from an unpleasant
complication, and leave Young still in practical control in Utah, was
not an unpleasant prospect for either side.
A long Utah letter to the Near York Herald (which had been generally
pro-Mormon in tone) dated Camp Scott, May 22, 1858, contained the
following: "Some of the deceived followers of the latest false Prophet
arrived at this post in a most deplorable condition. One mater familiar
had crossed the mountains during very severe weather in almost a state
of nudity. Her dress consisted of a part of a single skirt, part of a
man's shirt, and a portion of a jacket. Thus habited, without a shoe or
a thread more, she had walked 157 miles in snow, the greater part of the
way up to her knees, and carried in her arms a sucking babe less than
six weeks old. The soldiers pulled off their clothes and gave them to
the unfortunate woman. The absconding Saints who arrive here tell a
great many stories about the condition and feeling of their brethren
who still remain in the land of promise.... Thousands and thousands of
persons, both men and women, are represented to be exceedingly desirous
of not going South with the church, but are compelled to by fear of
death or otherwise."
Governor Cumming, in his report to Secretary Cass on the situation as
he found it when he entered Salt Lake City, said that, learning that
a number of persons desirous of leaving the territory "considered
themselves to be unlawfully restrained of their liberty," he decided,
even at the risk of offending the Mormons, to give public notice of his
readiness to assist such persons. In consequence, 56 men, 38 women, and
71 children sought his protection in order to proceed to the States.
"The large majority of these people;" he explained, "are of English
birth, and state that they leave the congregation from a desire to
improve their circumstances and realize elsewhere more money for their
labor."
Kane having won Governor Cumming to his view of the situation, and
having created ill feeling between the governor and the chief military
commander, the way was open for the next step. The plan was to have
Governor Cumming enter Salt Lake Valley without any federal troops, and
proceed to Salt Lake City under a Mormon escort of honor, which was to
meet him when he came within a certain distance of that city. This he
consented to do. Kane stayed in "Camp Eckles" until April, making one
visit to the outskirts to hold a secret conference with the Mormons,
and, doubtless, to arrange the details of the trip.
On April 3 Governor Cumming informed General Johnston of his decision,
and he set out two days later. General Johnston's view of the policy
to be pursued toward the Mormons was expressed in a report to army
headquarters, dated January 20:--
"Knowing how repugnant it would be to the policy or interest of the
government to do any act that would force these people into unpleasant
relations with the federal government, I have, in conformity with the
views also of the commanding general, on all proper occasions manifested
in my intercourse with them a spirit of conciliation. But I do not
believe that such consideration of them would be properly appreciated
now, or rather would be wrongly interpreted; and, in view of the
treasonable temper and feeling now pervading the leaders and a greater
portion of the Mormons, I think that neither the honor nor the dignity
of the government will allow of the slightest concession being made to
them."
Judge Eckles did not conceal his determination not to enter Salt Lake
City until the flag of his country was waving there, holding it a shame
that men should be detained there in subjection to such a despot as
Brigham Young.
Leaving camp accompanied only by Colonel Kane and two servants, Governor
Cumming found his Mormon guard awaiting him a few miles distant. His own
account of the trip and of his acts during the next three weeks of his
stay in Mormondom may be found in a letter to General Johnston and a
report to Secretary of State Cass.* As Echo canyon was supposed to
be thoroughly fortified, and there was not positive assurance that a
conflict might not yet take place, the governor was conducted through it
by night. He says that he was "agreeably surprised" by the illuminations
in his honor. Very probably he so accepted them, but the fires lighted
along the sides and top of the canyon were really intended to appear to
him as the camp-fires of a big Mormon army. This deception was further
kept up by the appearance of challenging parties at every turn, who
demanded the password of the escort, and who, while the governor was
detained, would hasten forward to a new station and go through the form
of challenging again: Once he was made the object of an apparent
attack, from which he was rescued by the timely arrival of officers of
authority.**
* For text, see Tullidge's "History of Salt Lake City,"
pp. 108-212.
** "In course of time Cumming discovered how the Mormon leaders
had imposed upon him and amused themselves with his credulity, and to
the last hour that he was in the Territory he felt annoyed at having
been so absurdly deceived, and held Brigham responsible for the
mortifying joke."--"Rocky Mountain Saints," p. 390.
The trip to Salt Lake City occupied a week, and on the 12th the governor
entered the Mormon metropolis, escorted by the city officers and other
persons of distinction in the community, and was assigned as a guest
to W. C. Staines, an influential Mormon elder. There Young immediately
called on him, and was received with friendly consideration. Asked by
his host, when the head of the church took his leave, if Young appeared
to be a tyrant, Governor Cumming replied: "No, sir. No tyrant ever had
a head on his shoulders like Mr. Young. He is naturally a good man.
I doubt whether many of your people sufficiently appreciate him as
a leader."* This was the judgment of a federal officer after a few
moments' conversation with the reviler of the government and a month's
coaching by Colonel Kane.
Three days later, Governor Cumming officially notified General Johnston
of his arrival, and stated that he was everywhere recognized as
governor, and "universally greeted with such respectful attentions"
as were due to his office. There was no mention of any advance of
the troops, nor any censure of Mormon offenders, but the general was
instructed to use his forces to recover stock alleged to have been
stolen from the Mormons by Indians, and to punish the latter, and he was
informed that Indian Agent Hurt (who had so recently escaped from Mormon
clutches) was charged by W. H. Hooper, the Mormon who had acted as
secretary of state during recent months, with having incited Indians to
hostility, and should be investigated! Verily, Colonel Kane's work was
thoroughly performed. General Johnston replied, expressing gratification
at the governor's reception, requesting to be informed when the Mormon
force would be withdrawn from the route to Salt Lake City, and saying
that he had inquired into Dr. Hurt's case, and had satisfied himself
"that he has faithfully discharged his duty as agent, and that he has
given none but good advice to the Indians."
* Tullidge's "History of Salt Lake City," p. 206.
On the Sunday after his arrival Young introduced Governor Cumming to the
people in the Tabernacle, and then a remarkable scene ensued. Stenhouse
says that the proceedings were all arranged in advance. Cumming was
acting the part of the vigilant defender of the laws, and at the same
time as conciliator, doing what his authority would permit to keep
the Mormon leaders free from the presence of troops and from the
jurisdiction of federal judges. But he was not all-powerful in this
respect. General Johnston had orders that would allow him to dispose of
his forces without obedience to the governor, and the governor could
not quash the indictments found by Judge Eckles's grand jury. Young's
knowledge of this made him cautious in his reliance on Governor Gumming.
Then, too, Young had his own people to deal with, and he would lose
caste with them if he made a surrender which left Mormondom practically
in federal control.
When Governor Cumming was introduced to the congregation of nearly four
thousand people he made a very conciliatory address, in which, however,
according to his report to Secretary Cass,* he let them know that he
had come to vindicate the national sovereignty, "and to exact an
unconditional submission on their part to the dictates of the law";
but informed them that they were entitled to trial by their
peers,--intending to mean Mormon peers,--that he had no intention of
stationing the army near their settlements, or of using a military posse
until other means of arrest had failed. After this practical surrender
of authority, the governor called for expressions of opinion from the
audience, and he got them. That audience had been nurtured for years on
the oratory of Young and Kimball and Grant, and had seen Judge Brocchus
vilified by the head of the church in the same building; and the
responses to Governor Cumming's invitation were of a kind to make an
Eastern Gentile quail, especially one like the innocent Cumming, who
thought them "a people who habitually exercised great self-control."
One speaker went into a review of Mormon wrongs since the tarring of the
prophet in Ohio, holding the federal government responsible, and naming
as the crowning outrage the sending of a Missourian to govern them. This
was too much for Cumming, and he called out, "I am a Georgian, sir,
a Georgian." The congregation gave the governor the lie to his face,
telling him that they would not believe that he was their friend
until he sent the soldiers back. "It was a perfect bedlam," says an
eyewitness, "and gross personal remarks were made. One man said, 'You're
nothing but an office seeker.' The governor replied that he obtained
his appointment honorably and had not solicited it."** If all this was
a piece of acting arranged by Young to show his flock that he was making
no abject surrender, it was well done.***
* Ex. Doc. No. 67, 1st Session, 35th Congress.
** Coverdale's statement in Camp Scott letter, June 4, 1858, to
New York Herald.
*** "Brigham was seated beside the governor on the platform, and
tried to control the unruly spirits. Governor Cumming may for the moment
have been deceived by this apparent division among the Mormons, but
three years later he told the author that it was all of a piece with
the incidents of his passage through Echo canyon. In his characteristic
brusque way he said: 'It was all humbug, sir, all humbug; but never
mind; it is all over now. If it did them good, it did not hurt
me.'"--"Rocky Mountain Saints," p. 393.
Young's remarks on March 21 had been having their effect while Cumming
was negotiating, and an exodus from the northern settlements was under
way which only needed to be augmented by a movement from the valley to
make good Young's declaration that they would leave their part of
the territory a desert. No official order for this movement had been
published, but whatever direction was given was sufficient. Peace
Commissioners Powell and McCullough, in a report to the Secretary of War
dated July 3, 1858, said on this subject: "We were informed by various
(discontented) Mormons, who lived in the settlements north of Provo,
that they had been forced to leave their homes and go to the southern
part of the Territory.... We were also informed that at least one-third
of the persons who had removed from their homes were compelled to do
so. We were told that many were dissatisfied with the Mormon church, and
would leave it whenever they could with safety to themselves. We are of
opinion that the leaders of the Mormon church congregated the people
in order to exercise more immediate control over them." Not only were
houses deserted, but growing crops were left and heavier household
articles abandoned, and the roads leading to the south and through Salt
Lake City were crowded day by day with loaded wagons, their owners--even
the women, often shoeless trudging along and driving their animals
before them. These refugees were, a little later, joined by Young and
most of his associates, and by a large part of the inhabitants of Salt
Lake City itself. It was estimated by the army officers at the time that
25,000 of a total population of 45,000 in the Territory, took part in
this movement. When they abandoned their houses they left them tinder
boxes which only needed the word of command, when the troops advanced,
to begin a general conflagration. By June 1 the refugees were collected
on the western shore of Utah Lake, fifty miles south of Salt Lake City.
What a picture of discomfort and positive suffering this settlement
presented can be partly imagined. The town of Provo near by could
accommodate but a few of the new-comers, and for dwellings the rest had
recourse to covered wagons, dugouts, cabins of logs, and shanties of
boards--anything that offered any protection. There was a lack of food,
and it was the old life of the plains again, without the daily variety
presented when the trains were moving.
In his report to Secretary Cass, dated May 2, Governor Cumming, after
describing this exodus as a matter of great concern, said:--
"I shall follow these people and try to rally them. Our military force
could overwhelm most of these poor people, involving men, women, and
children in a common fate; but there are among the Mormons many brave
men accustomed to arms and horses, men who could fight desperately
as guerillas; and, if the settlements are destroyed, will subject the
country to an expensive and protracted war, without any compensating
results. They will, I am sure, submit to 'trial by their peers,' but
they will not brook the idea of trial by 'juries' composed of 'teamsters
and followers of the camp,' nor any army encamped in their cities or
dense settlements."
What kind of justice their idea of "trial by their peers" meant was
disclosed in the judicial history of the next few years. This report,
which also recited the insults the governor had received in the
Tabernacle, was sent to Congress on June 10 by President Buchanan, with
a special message, setting forth that he had reason to believe that "our
difficulties with the territory have terminated, and the reign of the
constitution and laws been restored," and saying that there was no
longer any use of calling out the authorized regiments of volunteers.