The Army in Utah
1858-1862
Demoralizing Effects of the Army's Presence
It was the part of wisdom for President Brigham Young and his
associates to insist on the camp of the army being far removed from
Salt Lake City. It was with reluctance that their commander complied
with that request, which was enforced by the peace commissioners. Very
little good came to the people of Utah from the presence in their
midst, of an armed force, with all its attendant camp followers. It is
true that the people benefited in a financial way. They were able to
dispose of their products for ready cash and clothing; but they could
have managed to live--as they did before the army came--without these
advantages, which, of course, they were ready to receive.
There was no debauchery, no immorality or fear of thieves breaking
in to steal, in the communities of the Latter-day Saints, before the
strangers to their faith came in. With the army all these attendant
evils were introduced. The worst element with the army was, of course,
the camp following--the freighters and hangers-on, who were not subject
to the rigid discipline of army regulation. Yet, much of the evil which
resulted, can be traced to subordinate officers and men of the ranks.
With many of these, moral rectitude was a thing unknown; and woe to the
foolish creatures who, like flies caught in a spider-web, were lured
into camp.
To add to the difficulties, many of the enlisted men filled their
term of service and were discharged. Usually they were in possession
of very little means, and if a balance of pay was due them, it was
soon squandered. Such characters flocked to Salt Lake City and other
towns, where they became a terror to the inhabitants. Because of this,
it became necessary to increase the police force of Salt Lake City,
at least four fold. Appeals were made to Governor Cumming to get him
to use his influence to have the discharged men marched beyond the
borders of the territory. The governor took the matter up with General
Johnston, with the result that the condition was relieved in this
respect to some small degree. However, the situation could not fully
be controlled by these officers, and as long as Camp Floyd (later
Crittenden) was occupied by the troops, demoralizing agencies were at
work, and the people were constantly in a state of agitation.
Governor Cumming's Report
In reporting affairs in Utah to the Secretary of State, Governor
Cumming made the following observations:
"Persons unbiased by prejudice who have visited this Territory
will, I think, agree in the opinion that a community is seldom
seen more marked by quiet and peaceable diligence than that of the
Mormons.
"After the passage of the army, hundreds of adventurers were
attracted to these valleys, and met here some congenial spirits.
Banded together for rapine and acts of violence, they have stolen
large herds of horses and mules. Many of these men, maddened
by intemperance, or rendered desperate by losses at the gaming
table, or by various other causes, have shed each other's blood in
frequent conflicts, and secret assassinations. These lawless and
bloody deeds are committed by them almost daily with impunity, and
when their atrocity and frequency shock the public mind, it has
become the custom with a certain set of people to exclaim against
the people of Utah; but it is an injustice to impute the acts of
these desperadoes to the community in general. With an equal show
of justice might they be attributed to the inhabitants of the
States and Territories whence these men have so recently emigrated."
The New Federal Officers
Chief Justice Delano R. Eckels and the new secretary of the territory,
John Hartnett, arrived in Utah with the army. Jacob Forney, the
superintendent of Indian affairs, arrived with the peace commissioners,
and Judge Charles E. Sinclair and Attorney Alexander Wilson came near
the end of July. The third judge, John Cradlebaugh, did not arrive
until November. None of these officers were members of the Church.
After he had taken the oath of office, Chief Justice Eckels took up his
residence at Camp Floyd and Judge Sinclair made his headquarters in
Salt Lake City. Judge Cradlebaugh opened his court in Provo in March,
1859, although the seat of his district was Fillmore.
"Progress of Civilization"
The majority of the government officials sent to Utah during
territorial days came obsessed with the idea that the "Mormons" were
an unpatriotic and ignorant class of people, bound by blind obedience
to the will of a set of knaves who presided over them. When a new
government appointee came to Utah, usually he felt it incumbent upon
him to begin his labors with a lecture to the people on loyalty and
morality, and advise them to cast off the yoke of ignorance which
bound them. These would-be reformers at times gave expression to the
thought that they had brought civilization among the "Mormons" and were
endeavoring to reform them. At the time of the return to the east in
1858, of one official--who had been notoriously corrupt and immoral in
his conduct while in Utah--a number of the civil and military officers
and some non-"Mormon" merchants tendered him a dinner. In the course of
their hilarity they expressed the satisfaction he would feel in joining
his "family and friends in a moral and civilized community."
Such expressions as this led President Brigham Young, who was a
sorrowful witness of the scenes of debauchery and crime practiced by
some of these "reformers," to say to another retiring official who was
about to depart: "When you get back to the states, no doubt you will
be asked many questions about me. I wish you would tell them that I am
here, watching the progress of civilization."
That some of these individuals were sincere, there can be no question,
and they should have credit for honest conviction. However it was
impossible for them to see the situation from the "Mormon" viewpoint.
They came with pre-conceived ideas regarding the doctrines and
practices of the Latter-day Saints, and were greatly prejudiced against
them. Their prejudice stood in their own light so that they took no
trouble to investigate or try to understand. In most cases it was
sufficient to know that the "Mormons" were a peculiar people with a
strange belief, in conflict with the doctrines of other people.
Many of these officers, however, were insincere. They were guilty of
the very sins with which they accused the Latter-day Saints, and yet
they brazenly sat in judgment and condemned the Saints, while they,
themselves, were guilty of revolting crimes.
Attitude of the Judges
Chief Justice Eckels was given to drunkenness and was grossly immoral;
yet he felt it his duty to advise that indictments be issued against
the leaders of the Church for the practice of plural marriage. He did
not know just how to handle the situation, for there were no statutes
either in the territory or in the United States to punish such a thing.
Therefore he attempted to place the matter under the old Mexican law
which had no application in United States territory.
Associate Justice Sinclair, who was usually drunk, commenced his
duties on the bench by charging the grand jury of his court, to indict
ex-Governor Brigham Young, General Daniel H. Wells, and other "Mormon"
leaders, for treason, on the ground that President Buchanan's pardon,
"while a public act in the history of the country," yet it was a thing
of which his court could not "take judicial cognizance." United States
Attorney Alexander Wilson took a different view and so expressed
himself at length before the grand jury in open court, stating "that
there are now no acts of sedition, treason, or rebellion against the
government of the United States in this territory." For that reason he
would not present bills or bring action against any inhabitant of the
territory on such a charge.
Bitterness of Cradlebaugh
Judge Cradlebaugh manifested a very bitter spirit against the leaders
of the Church. When he opened court at Provo, he made a demand on
General Johnston for several companies of troops from Camp Floyd, and
a detachment was furnished him. The reason the judge gave for this
action was that the presence of the soldiers was necessary to preserve
the peace, and take care of the prisoners because there was no jail in
Provo. The real reason was a desire to insult the people of the town
and to intimidate witnesses before the court. Inside of two weeks there
were about one thousand men in arms surrounding the court house.
Protest of the Citizens
Instead of keeping the peace, the presence of the troops was a menace
to the peace of the town. Five hundred citizens righteously and
vigorously protested against the insult in an address to the mayor and
city council. They declared that their "feelings were aggrieved and
outraged" by the appearance of a military force surrounding the court
and infesting the halls of justice, and they considered it a "high
handed outrage, a direct infringement upon the rights of American
citizens and a gross violation of their liberties and municipal
immunities."
The judge was informed by the mayor and city council of the petition
and was asked for the immediate removal of the troops beyond the city
limits. It was declared that their presence made it very difficult
for the officers of the city to preserve the peace. The judge refused
to listen to the appeal. Later another vigorous protest was made
by the city officials, who declared that soldiers had been caught
breaking into houses; they had engaged in drunken street brawls and had
otherwise disturbed the peace. However, Judge Cradlebaugh turned a deaf
ear to all appeals.
Governor Cumming's Proclamation
Governor Cumming visited Provo in the month of March, and to him an
appeal was made by the mayor and council. The governor could see
the situation for himself, and forwarded a communication to General
Johnston requesting him to withdraw the troops. General Johnston
refused to hearken to the request of the governor, on the grounds
that he was there to serve each of the coordinate branches of the
territorial civil government, and was subject to the judicial as well
as to the executive department. Upon this refusal of the commander of
the troops, Governor Cumming issued a proclamation protesting against
the presence of the military force which had been called to Provo
without his sanction and contrary to the instructions given him by
the government. Their presence, said the governor, had a tendency to
terrify the inhabitants and disturb the peace. All future movements
of the troops should be at his direction in accordance with his
instructions from Washington.
Result of the Conflict
The result of this conflict in authority was that Judge Cradlebaugh
and his associate, Judge Sinclair, sent a communication to the
attorney-general of the United States, Jeremiah S. Black, in relation
to the matter. Other letters were sent by Judge Eckels to the secretary
of state and by General Johnston to the secretary of war. The secretary
of state wrote to Governor Cumming for the facts which were furnished.
When the replies were received, the officious judges were rebuked and
given to understand that the armed forces in the territory were subject
to the command of the executive. Said the attorney general: "The
governor is the supreme executive of the territory. He is responsible
for the public peace. From the general law of the land, the nature of
his office, and the instructions he received from the state department,
it ought to have been understood that he alone had power to issue a
requisition for the movement of troops from one part of the territory
to another." He further stated that "the condition of things in
Utah made it extremely desirable that the judges appointed for that
territory should confine themselves strictly within their own official
sphere," and leave accusations to the district attorney, and arrests to
the marshal, who was responsible for the safe-keeping of criminals.
Attempt to Remove Governor Cumming
The rebuke from Washington was naturally very displeasing to the
judges, who were thus confined to the duties of their office. In Camp
Floyd there was manifestation of displeasure. A mass meeting was held
and an address was issued in which the "Mormons" were accused of
disloyalty and it was set forth that a great wrong had been done in
forcing the withdrawal of the troops from the protection of the courts.
The wrath of the disgruntled camp was also turned against Governor
Cumming, and the attempt was made to have him removed from office. This
might have been accomplished through the influence of General Johnston,
had not Colonel Thomas L. Kane once more come to the rescue.
Attack on President Young
When Judge Cradlebaugh organized his court at Provo, he expressed his
determination to investigate the Mountain Meadows massacre and other
crimes. This action would have been commendable if it had been taken
with a desire to execute justice, but it was a flagrant attempt to
connect President Young and the leading Church authorities with the
crime. He inferred that the guilty parties were among the leaders of
the Church and should be brought to justice. Later, accompanied by a
United States deputy marshal and a detachment of troops, he visited
southern Utah and collected what evidence could be obtained respecting
the Mountain Meadows massacre, leaving no stone unturned in the
endeavor to implicate President Brigham Young and others, in which
attempt he miserably failed. Nevertheless, to the grand jury he said:
"The very fact of such a case as that of the Mountain Meadows shows
that there was some person high in the estimation of the people, and
it was done by that authority; . . . and unless you do your duty, such
will be the view that will be taken of it. You can know no law but the
laws of the United States and the laws you have here. No person can
commit crimes and say they are authorized by higher authorities, and if
they have any such notions they will have to dispel them."
Cradlebaugh's Insult to the Jury
As the grand jury failed to act with the promptness he thought they
should, the judge dismissed them "as an evidently useless appendage
of a court of justice." This unjustifiable attack was resented by the
grand jury in a written protest.
In a spirit of anger the judge dismissed criminals who were before
his court awaiting trial on grave charges, giving for his reason the
following excuse:
"When this people ('Mormons') come to their reason, and manifest a
disposition to punish their own high offenders, it will be time to
enforce the laws also for their protection. If this court cannot
bring you to a proper sense of your duty, it can at least turn the
savages in custody loose upon you."
Attempt to Capture President Young
Another attempt was made about this time to get President Young in the
toils of the law on a groundless charge. It appears that a number of
criminals at Camp Floyd plotted to rob the government. They hired a
young engraver in Salt Lake City to duplicate the plate used by the
quartermaster at Camp Floyd in drawing on the government at St. Louis
and New York. The work was done, but the fraud was detected, and a man
by the name of Brewer was arrested. He turned state's evidence and
threw the responsibility for the deed upon the engraver who had been
hired to do the work. As someone in the office of President Young had
furnished the paper on which the counterfeit notes were printed, the
army officers felt that they had a case against President Young, and
manifested their great pleasure at the prospect of implicating him. The
officers entered into a plot to secure his arrest. Thinking that an
attempt to take him openly would meet with resistance, the army was to
be ordered to Salt Lake City and the artillery was to make a breach in
the wall surrounding his premises, through which they would enter to
secure President Young a captive, and then carry him to Camp Floyd for
trial.
Governor Cumming's Stand
This plan was presented to Governor Cumming, who listened to the
plotters and examined their papers. "They rubbed their hands," said the
governor, "and were jubilant; they had got the dead wood on Brigham
Young. I was indignant, sir, and told them, By ----, gentlemen, you
can't do it! When you have a right to take Brigham Young, gentlemen,
you shall have him without creeping through walls. You shall enter
by his door with heads erect as becomes representatives of your
government. But till that time, gentlemen, you can't touch Brigham
Young."
The plotters were greatly disappointed and returned to Camp Floyd
threatening to act in opposition to the executive. Because of these
rumors, Governor Cumming ordered General Daniel H. Wells to be prepared
with the militia to repel any such attack. It was a courageous thing
for the governor to do in the face of the strong feeling of opposition
existing at Camp Floyd against President Young.
Departure of the Army
As long as the army remained in Utah, such conditions prevailed. In
February, 1860, General Johnston departed from Camp Floyd to go to
Washington. He went by way of California and the Isthmus of Panama.
Shortly after, he was found leading an army of the South against an
army of the North, in the war of the Rebellion, endeavoring to destroy
the Union. In the battle of Shiloh he was killed while commanding the
Confederate forces. In 1861, Camp Floyd, then called Fort Crittenden,
was abandoned.
Retirement of Governor Cumming
Governor Cumming departed from Utah in May, 1861, a short time before
his term of office expired, and returned to his old home in Georgia.
His departure was much regretted, for he had served the people
faithfully and well, discharging every obligation as he saw his duty,
without fear or favor of men. The people certainly had good reason for
regret, as his successors quite generally were men of a very different
stamp.
The "Mormon" People and the Rebellion
The loyalty of the Latter-day Saints to the United States had
frequently been questioned by their enemies and those unacquainted
with them. When the war of the Rebellion broke out, the Saints again
manifested their loyalty to the Union. When the telegraph line across
the continent was completed, in October, 1861, President Brigham Young
was courteously tendered the privilege of sending the first message
from Salt Lake City. It was to the president of the telegraph company,
Mr. J. H. Wade, as follows:
"Sir: Permit me to congratulate you upon the completion of the
Overland Telegraph Lines west to this city, to commend the energy
displayed by yourself and associates in the rapid and successful
prosecution of a work so beneficial; and to express the wish that
its use may ever tend to promote the true interests of the dwellers
upon both the Atlantic and Pacific slopes of our continent.
"Utah has not seceded, but is firm for the Constitution and laws
of our once happy country, and is warmly interested in such useful
enterprises as the one so far completed."
In making his reply, President Wade expressed gratitude to President
Young, that his, the first message to pass over the line, "should
express so unmistakably the patriotism and union-loving sentiments" of
himself and people.
In April, 1862, President Lincoln requested President Brigham Young
to raise a force of cavalry to guard the overland route, which was
promptly done. Before the request came, the offer was made by President
Young to protect that route.
Moreover, while many states were endeavoring to get out of the Union,
the "Mormons" were petitioning Congress to get in. This privilege of
state government was denied them. The denial was very largely due to
the hostile attitude of the new officials, Governor Stephen S. Harding,
and two of the territorial judges, Charles B. Waite and Thomas J.
Drake, who were decidedly unfriendly to the people of the territory.
Other reasons given were the general feeling of opposition to the faith
of the Latter-day Saints--especially against the practice of plural
marriage, and the belief, which still erroneously persisted, that they
were disloyal. "An un-American condition of affairs was supposed to
exist here," so writes Orson F. Whitney, "hostile to the Government
and subversive of morality and civilization. Priestcraft, polygamy,
and murder were thought to be the chief cornerstones of 'Mormonism.'
A union of Church and State was alleged. It was charged that the
'Mormon' people were under the sway of an ecclesiastical despotism
which 'overshadowed and controlled their opinions, actions, property,
and lives, penetrating and supervising social and business circles, and
requiring implicit obedience to the counsel of the Church, as a duty
paramount to all the obligations of morality, society, allegiance and
law.'"[1]
Notes
1. Whitney's _Popular History of Utah_, page 183.