Chapter 45

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.

Essentials in Church History A History of the Church from the Birth of Joseph Smith to the Present Time (1922), with Introductory Chapters on the Antiquity of the Gospel and the "Falling Away" · 第 45 / 54 章