The Mission of Governor Shaffer and Judge McKean
1870-1877
Governor Shaffer
Following the removal of Governor Harding in 1863, Utah was blessed
for a time with the presence of governors who were inclined to
attend to the duties of their office without much interference with
"Mormonism." Governors James Duane Doty and Charles Durkee had held the
office and S. A. Mann, secretary of the territory, served as acting
governor following the resignation of Governor Durkee in 1869, until
the appointee of President Ulysses S. Grant arrived in the territory
in the spring of 1870. This was J. Wilson Shaffer of Illinois, who
proved to be the most bitter and bigoted anti-"Mormon" governor Utah
ever had. He was in his forty-third year when he came to Utah, and
was suffering from consumption, contracted while serving in the Civil
War. He was a man of determined will, and evidently was sincere in his
conviction that the "Mormons" were more than "rebels," who needed the
drastic treatment which by some was considered proper and necessary
treatment for the South, during the days of reconstruction. He came
to Utah with a bias against the Latter-day Saints which nothing short
of a miracle could remove. "Never after me, by ----," said he, "shall
it be said Brigham Young is governor of Utah." In this expression he
displayed his ignorance of the conditions in Utah--a mistake made
by many others--that because the Latter-day Saints hearkened to the
counsels of President Young who, as their inspired leader, directed
them as members of the Church, he was usurping the prerogatives of the
executive. If these men had been broad enough they might have seen that
President Young respected the civil authority at all times, even when
sorely abused and tried by the petty acts of presumptuous and bigoted
officials, who did all in their power to annoy and humiliate him before
the people.
Removal of Secretary Mann and Judge Wilson
The anger of Governor Shaffer was kindled against Secretary Mann
because he, as acting governor, signed the woman suffrage bill and
endeavored to show some just consideration for the majority of the
people. Likewise he displayed feelings of resentment against Chief
Justice Charles A. Wilson because he would not subvert the law in favor
of the anti-"Mormon" "ring" to the disadvantage of the people. Wilson
was accused of exercising too much leniency towards the "Mormons,"
so he, like Secretary Mann, was removed through the influence of the
governor.
The Coming of Judge McKean
To succeed the deposed officials, Vernon H. Vaughan was sent to
Utah as secretary of the territory and Judge James B. McKean to be
chief justice. O. F. Strickland and C. M. Hawley were also appointed
associate justices to fill vacancies which existed. Judge McKean, like
Governor Shaffer, was a relentless anti-"Mormon," bigoted and narrow.
He came to Utah with a "mission," said he, "as high above my mere
duty as a judge, as the heaven is above the earth." That "mission"
was the overthrow of "Mormonism." However, Judge McKean is gone, and
"Mormonism" still survives and prospers.
Influence on Schuyler Colfax and Rev. Newman
The appointment of these bigoted and narrow-souled officials was
largely due to the influence of Vice-President Schuyler Colfax and
Rev. John P. Newman. The former had visited Utah on two occasions;
first in 1865, when he was speaker of the house of representatives,
and again in 1869, when he was holding the office of vice-president in
the administration of U. S. Grant. He was associated with an organized
"ring" of anti-"Mormon" agitators and politicians, who were bent on the
destruction of "Mormon" dominion in Utah. On each visit he had shown
marked opposition to the Church. Rev. Newman was President Grant's
minister, and was also chaplain of the United States Senate.
Governor Shaffer and the Militia
By act of the Utah Legislature in 1852, the militia, under the title
of the "Nauvoo Legion," met in annual muster. In keeping with the law,
Lieutenant General Daniel H. Wells issued an order August 16, 1870,
calling for a three days' muster, for the purpose of inspection, drill
and camp duty. Governor Shaffer was absent from the territory at the
time, but as soon as he returned he issued a counter order forbidding
any muster, or drill, or gathering of any military organization within
the territory, except upon his orders. He also illegally appointed
Patrick E. Connor major general of the militia, and William N. Johns,
colonel and assistant adjutant general, and directed that all arms and
munitions belonging to the territory, or to the United States, then
in possession of the militia, be delivered to Colonel Johns, without
delay. Through misrepresentation, the government had sent troops to
Utah to act as "a moral force" in protecting Gentiles and apostates.
The action of the governor practically destroyed the militia, and by
aid of the government troops, he endeavored to establish a military
power to intimidate the Latter-day Saints, and lessen the power of the
"Mormon" leaders.
Request of General Wells
Against this high-handed outrage, General Wells wrote, requesting the
governor to suspend his order until the 20th of November to enable
Adjutant General Hiram B. Clawson to make a complete report according
to law, of the condition of the militia. Governor Shaffer answered
General Wells, October 27, 1870, in an insulting letter denying the
request. General Wells answered this attack in an open letter which was
published in the _Deseret News_.
The Provo Riot
The governor's attitude in disregarding all local civil law and
authority, bore bitter fruit. The peace officers were rendered helpless
in the performance of their duties, and the rabid part of the community
manifested a spirit of contempt and defiance for the law. The city
ordinances were broken with impunity, and the violators were protected
by the governor and judges. The spirit prevailed among a certain class
that the "Mormons" had ruled in Utah long enough and it was stated that
the authorities at Washington were to make a change. There was to be a
revolution and the minority was to assume the reins of government.
One week after the governor's proclamation disarming the militia, a
mob of about forty United States soldiers, who were stationed at Fort
Rawlins, near Provo, made a raid on that town. Late at night. September
22, they went to the home of Alderman William Miller, fired several
shots into the building, smashed in the doors and windows, and took
Miller a prisoner. Similar rioting occurred at the homes of Alderman
Elijah F. Sheets and Counselor A. F. McDonald. The home of the latter
was ransacked and his substance scattered in the yard and street.
The doors and windows of the co-operative store, and those of the
meetinghouse, were broken, and the rioters attempted to burn the latter
building. Armed with needle guns they captured a number of citizens and
paraded them through the streets prodding them with their bayonets. The
reason for this deed was that the citizens of Provo had refused to sell
liquor to the troops.
Governor Shaffer's Letter to General De Trobriand
Several days after the riot occurred Governor Shaffer wrote to General
De Trobriand, commander at Camp Douglas, censuring him for the outrage
and trying to place upon his shoulders the responsibility for the raid,
for which he was in no wise responsible. His command and that at Fort
Rawlins, were separate and distinct units. The general answered the
governor's letter--which was evidently written for political effect
and to injure the commander because he had shown some kindness to the
"Mormon" people--with some sharpness, showing that the governor and
not the general had been derelict of duty. If the governor expected to
profit by his communication, which was evidently the case for he gave
it to the press before the general received it, very little benefit was
derived from it.
The Rioters Punished
The commander at Fort Rawlins, Major Osborne, as well as General De
Trobriand, greatly regretted the unfortunate and unprovoked attack
made by the soldiers. The matter was taken up in a proper way by the
military department of the Platte, and the guilty parties were duly
punished.
Death of Governor Shaffer
Monday, October 31, 1870, Governor J. Wilson Shaffer died in Salt Lake
City. He came to Utah in March and had served as governor about seven
months, but during that time had shown extreme bitterness against the
majority of the people in all his official acts. The day of his death
a dispatch came from Washington appointing Vernon H. Vaughan, the
territorial secretary, to succeed him, who in turn was succeeded by
George A. Black, as secretary. Mr. Black had been Governor Shaffer's
private secretary.
"The Wooden Gun Rebellion"
In November, 1870, at the regular time for the military musters,
which had been prohibited by Governor Shaffer, about one hundred men
assembled on the Twentieth Ward Square, many of them carrying wooden
guns. Governor Vaughan was absent at the time and Secretary Black was
acting governor. He had eight of the men, viz: Andrew Burt, Charles
R. Savage, William G. Phillips, James Fennemore, Charles Livingston,
George M. Ottinger, Archibald Livingston and John C. Graham, arrested.
They were taken before Judge Hawley who bound them over to await the
action of the grand jury on the ground that it appeared that probably
they had committed a crime in disregarding Governor Shaffer's order.
They were placed under heavy bonds, and as they refused to give bail,
were given over to the military authorities at Camp Douglas. They were
kindly treated by the officers and both "Mormon" and non-"Mormon"
merchants looked after their wants, furnishing them with many
delicacies while they remained prisoners. The grand jury, when it met,
refused to indict them, and they were released. This incident became
popularly known as "The Wooden Gun Rebellion."
The Return of Martin Harris
August 30, 1870, Martin Harris, one of the three witnesses to the
Book of Mormon, arrived in Salt Lake City. He had been absent from
the Church since the days of Kirtland; but had never during all those
years denied his testimony. He now came back humbly to the Church, and
was baptized by Elder Edward Stevenson and confirmed by Elder Orson
Pratt. He died at Clarkston, Cache County, July 10, 1875, when nearly
ninety-three years of age. A few hours before his death he discoursed
on the Book of Mormon and reiterated the truth of the visit of the
angel and bore testimony to the divine origin of the Book of Mormon.
The Pratt-Newman Discussion
During the consideration of the Cullom Bill by Congress, Rev. John P.
Newman, pastor of the Metropolitan Methodist Church in Washington,
and chaplain of the senate, delivered a number of lectures trying to
prove that "God's law condemns the union in marriage of more than two
persons." His lectures were published in the New York _Herald_, and
replies were made to them by Elder Orson Pratt. It was suggested by
Edward L. Sloan, acting editor of the Salt Lake _Daily Telegraph_,
a paper owned by "Gentile" interests, that the reverend gentleman
was wasting his ammunition by preaching against plural marriage in
Washington. It would be better for him to come to Utah where the
question was a live issue, and discuss the issue with Orson Pratt, or
some other "Mormon" elder. Mr. Newman, construing this as a challenge
from President Brigham Young, came to Utah in the summer of 1870, armed
cap-a-pie and with banners flying. He immediately informed President
Young that he was here to accept his challenge to discuss the plural
marriage question. President Young advised him that he had issued no
such challenge. After the exchange of a number of spirited letters the
reverend doctor issued a challenge to President Young to discuss the
question, "Does the Bible Sanction Polygamy?"
It was evidently notoriety and worldly applause Mr. Newman was seeking,
and he was quite surprised and disappointed when President Young,
in accepting the challenge, appointed Orson Pratt or John Taylor,
whichever Mr. Newman might prefer, to take his place in the discussion.
He came to meet the chief and not a subordinate. Nevertheless, after
some parleying the debate was held. Elder Orson Pratt taking the
affirmative of the question. The discussion began August 12, 1870, at
2 p.m. and continued during the two following days. Moderators were
chosen, but the merits of the discussion were left to the public to
decide. The press of the country took up the discussion, after the
debate was over, and the consensus of opinion throughout the land was
that Elder Pratt had proved too skilful for Dr. Newman.
Comments of the Press
The Washington correspondent of the New York _Sun_ stated that the
reverend doctor was "out of his depth" in the discussion, and that it
was "plain that the apostle carried too many guns for the chaplain
of the Senate." The Boston _Banner of Light_ declared that "The Dr.
Newman, who went forth from Washington to Salt Lake City to take
Mormonism by storm by flourishing his Orthodox Bible in its face, has
had to come away after a pretty severe tilt with one of the leading
elders, leaving his Bible behind him. Elder Pratt took his Bible out of
his hands and opened it again and again to pages that taught and upheld
the polygamy doctrine, reading off whole volleys of historical texts
that went to establish the leading Bible characters, esteemed Saints by
Orthodoxy, as regular Mormons. Dr. Newman crawfished amazingly on this
part of the argument and was at last rather glad to abandon it to his
Mormon opponent." Other papers declared that force alone could settle
the "Mormon Question."
Usurpation of Authority
What the anti-"Mormon" political "ring" failed to accomplish by
congressional enactment, they assumed to obtain through the actions
of the governor and the judges. Judge McKean and his colleagues
ignored the territorial laws enacted in 1852, which were still on the
statutes, and denied to the probate courts all jurisdiction except in
matters of probate. Likewise the duties of the territorial marshal
and the territorial attorney general had been taken from them and
placed in the hands of the United States marshal and the United States
attorney. This, however, was done before the coming of McKean, but he
and his associates confirmed that action. The result of these illegal
proceedings was packed juries, absurd and contradictory rulings, the
law becoming a mockery and justice a travesty.
The Englebrecht Case
August 27, 1870, three days before the arrival of Chief Justice McKean,
an incident occurred in Salt Lake City which was ultimately to have
much to do with the overthrow of his tyrannical and fanatical power.
This was the legal abatement by the police of a liquor establishment
conducted by Paul Englebrecht, Christian Rehemke and Frederick Lutz.
These men had been repeatedly fined for infraction of the law; but on
each occasion had appealed their case on the ground that the city had
no jurisdiction in the case. Expecting protection from the district
courts, which they had ample reason to believe would be given, the firm
continued to do an illegal liquor business without a city license. On
the date mentioned, the police emptied all the liquor into the ditch
and destroyed all the vessels that were used in its sale.
For this action suit was brought against the officers on complaint of
Mr. Englebrecht, and they were placed under bonds to await the action
of the grand jury on a criminal charge.
An Illegal Jury
Judge Strickland ordered the grand jurors for that term of court
selected by the United States marshal upon a writ of open venire,
when the law provided that the county clerk in the presence of other
officials should select them by lot. The attorneys for the city
officers challenged the proceedings and filed a motion to that effect.
Judge Strickland ruled that the third district court was a United
States court and subject to the acts of Congress, and not the laws of
the territory, the challenge was overruled and the jurors accepted.
The accused men were indicted and then convicted for "a wilful and
malicious destruction of property," and were ordered to pay damages in
the sum of $59,063.25, which was three times the price of the property
destroyed. The supreme court of Utah affirmed the decision and an
appeal was taken to the supreme court of the United States. Of this
action we will speak later.
Indictment Against President Young
When these perverters of the law had things arranged to their liking
they prepared to conduct a crusade against the Church. President Young
was indicted by this hand-picked grand jury for "lewd and lascivious
cohabitation." He was later admitted to bail by Judge McKean in the sum
of five thousand dollars.
"A System on Trial"
Arguments were made before the court to quash the indictment, which
consumed several days, but Judge McKean rendered a decision in which he
said:
"Let the counsel on both sides, and the court also keep constantly
in mind the uncommon character of this case. The supreme court of
California has well said, 'Courts are bound to take notice of the
political and social conditions of the country they judicially
rule.' It is therefore proper to say, that while the case at bar is
called 'the People versus Brigham Young,' its other and real title
is 'Federal Authority versus Polygamic Theocracy.' The government
of the United States, founded upon a written Constitution, finds
within its jurisdiction another government claiming to come from
God--imperium in imperio--whose policy and practices are, in grave
particulars, at variance with its own. The one government arrests
the other, in the person of its chief, and arraigns it at this
bar. A system is on trial in the person of Brigham Young. Let all
concerned keep this fact steadily in view; and let that government
rule without a rival which shall prove to be in the right."
The motion being overruled the defendant pleaded not guilty, and
further proceedings were postponed for future action. Among the
attorneys defending President Young were Thomas Fitch and Charles
H. Hempstead, non-"Mormons." The latter was formerly captain of
the California volunteers and editor of the _Vedette_, the first
anti-"Mormon" paper in Utah. He resigned the office of United States
district attorney because of the wicked and malicious methods in which
the federal courts in Utah were conducted, and became legal counsel for
President Young.
Throughout the entire country the attitude and remarks of Judge McKean
were severely criticized for attempting to prosecute the Church in
the case of Brigham Young and punish him for the alleged "evils of a
system."
Unexpected Calling of the Case
Having been given to understand that his case would not be called until
the spring term of court, President Young, who was in ill-health, went
to St. George to spend the winter. His leading attorney, Thomas Fitch,
also departed for the East. No sooner had Judge McKean learned of the
departure of President Young than he set the date for the trial for the
20th of November. Attorney Hempstead protested, and asked for further
time on the ground that it was not understood that the case would be
called. Mr. Baskin, the prosecutor, demanded a forfeiture of the bond
because the defendant was not present, but Judge McKean granted a
stay until December 4, and later to the 9th of January, 1872. It was
published by the Associated Press that Brigham Young had forfeited his
bond and had fled from justice, and every lie imaginable to his injury
was presented to the people of the United States. Although he was sick
and it was bitter winter weather, President Young, over the protest
of his brethren, returned to Salt Lake City, to face trial before the
unfriendly court. In the meantime, however, Mr. Baskin who had been
improperly appointed district attorney, was replaced by George C. Bates.
Other Accusations
On the statement of William A. Hickman, a self-confessed murderer, who
had been excommunicated from the Church for his crimes, charges were
made against Brigham Young, Daniel H. Wells and others, as accessories
to Hickman's crimes. President Young knew that he would also face this
charge when he returned to Salt Lake City. Nevertheless he returned,
and on the 2nd day of January, appeared in court to the astonishment
of his enemies and asked to be admitted to bail. District Attorney
Bates was willing that bail should be given if it should be fixed
at the unreasonable sum of five hundred thousand dollars, but Judge
McKean refused on any terms to release the defendant. However, out of
consideration for the condition of his health he permitted him to be a
prisoner in his own house guarded by deputy marshals. Daniel H. Wells,
who was mayor of Salt Lake City, had previously been admitted to bail
in the sum of fifty thousand dollars. This was looked upon as an act
of Providence--almost a miracle. A quarrel arising between the judge
and the district attorney, both went to Washington and the trial of the
accused brethren was postponed.
The Englebrecht Decision
The case never came to trial, for from the supreme court of the United
States there came a decision which overturned the rulings of the
tyrannical judges. It was the decision in the Englebrecht liquor case.
The dispatch announcing it, which came over the wire April 15, 1872,
was as follows: "Jury unlawfully drawn: summons invalid; proceedings
ordered dismissed. Decision unanimous. All indictments quashed." This
decision put an end to these petty persecutions for the time, and about
one hundred and twenty individuals, many of whom had been imprisoned
many months, were released.
The Poland Law
In 1874, Congress passed a measure repealing certain Utah statutes
relating to the territorial marshal and attorney general, and vesting
their duties in the federal officers. The probate courts were also
limited in their jurisdiction to matters of estates, guardianship and
divorce. This, in part, is what the anti-"Mormon" element had been
contending for in Utah. While this legislation was much less radical
than that previously proposed, yet it curtailed the civil and political
rights of the people, which had guaranteed their protection against
tyranny in the past.
The Case of Ann Eliza Webb Young
In July, 1873, a divorce suit was filed before Judge McKean, by Ann
Eliza Webb Young, against President Brigham Young. This woman, a plural
wife, besides asking for a decree of separation also sued for alimony
pending the litigation, and for permanent support for herself and two
children by a former marriage. The case dragged along until February,
1875, when Judge McKean ordered the defendant to pay the plaintiff
three thousand dollars attorney's fees and five hundred dollars a month
for her support and the education of her children. President Young was
given ten days in which to pay the fees, and twenty days to pay the
alimony, which amounted for the nineteen months to nine thousand five
hundred dollars.
An appeal was taken to the supreme court of the territory, but before a
decision could be reached the time limit had expired, and the defendant
was again dragged before the remarkable tribunal of Judge McKean to
show cause why he should not be punished for contempt of court. He
denied that he had any intention of showing contempt and was merely
seeking the benefit of an appeal. Judge McKean held that he was guilty
of contempt and sentenced him to twenty-four hours' imprisonment in the
penitentiary. He was accompanied to prison by a number of friends and
spent the night in comparative comfort in a room adjoining the warden's
quarters.
Removal of Judge McKean
The news of this strange trial and the actions of Judge McKean spread
throughout the country. There was a great deal of unfavorable comment.
The San Francisco _Bulletin_ said: "When Judge McKean assumes that this
woman is the wife of Young, makes an interlocutory degree granting
her three thousand dollars to maintain a suit for divorce, when there
never was a legal marriage, and commits Young for contempt because he
hesitates long enough to raise the question of the legality of the
order, he burns some strange fire on the altar of justice." A Chicago
paper stated: "This summary method of dealing with the Prophet looks
very much like persecution, and will awaken sympathy for him instead of
aiding the cause of justice." Even the President of the United States,
who had stood by Judge McKean through all his dealings, when others
protested and favored his removal, was forced to take some action. Five
days after he sent President Young to prison, Judge McKean was removed
from office for "several acts," which the dispatch stated, were deemed
"ill advised and tyrannical, and in excess of his powers as a judge."
The Case of George Reynolds
In 1874, George Reynolds, the private secretary of President Brigham
Young, and a man of honor and integrity, was indicted for violation of
the bigamy law of 1862. This was to be a test case. The "Mormon" people
felt confident that the law was unconstitutional as it restricted
them in the exercise of their religion and plural marriage had been
commanded by the Lord. Elder Reynolds hearing of his indictment
voluntarily appeared in court, and gave himself up for trial. He was
convicted and sentenced to one year's imprisonment and to pay a fine of
five hundred dollars. An appeal was taken to the supreme court of the
territory, and the case was dismissed on the ground that the grand jury
which found the indictment was an illegal jury.
The Second Reynolds Trial
A second trial was held in 1875, before Alexander White, chief justice
of Utah. Judge White manifested a determination to be severe, and when
a verdict of guilty was rendered, he sentenced Elder Reynolds to pay
a fine of five hundred dollars and serve a term of two years in the
penitentiary at hard labor. The supreme court of Utah confirmed the
decree, and an appeal was taken to Washington.
Death of President George A. Smith
September 1, 1875, President George A. Smith, first counselor to
President Brigham Young, died at his residence--the Historian's
Office--in Salt Lake City. He was ordained to the apostleship at the
temple lot in Far West, April 26, 1838, when in his twenty-second year.
He passed through the trials and vicissitudes of the Church from the
days of Kirtland. He was Church historian and recorder from 1854 until
the time of his death. In the fall of 1872 he took a mission to Europe
and Asia, accompanied by Elder Lorenzo Snow and others, and visited the
various missions and Jerusalem, where he rededicated the land for the
return of the Jews. While absent he was sustained as trustee-in-trust
for the Church.
Dedication of the St. George Temple
The forty-seventh general conference of the Church was held in the
St. George Temple in April, 1877. President Young, his counselors,
the apostles and many leading brethren were present. The St. George
Temple was dedicated on the 6th, President Daniel H. Wells offering the
dedicatory prayer. This was the first temple to be erected in the Rocky
Mountains, and the first which the Saints had been privileged to build
without molestation by enemies. Work for both the living and the dead
commenced in the building following the dedication and has continued to
be performed ever since.
Death of President Young
August 29, 1877, President Brigham Young, then in his seventy-seventh
year, passed away after a brief illness, at his home in Salt Lake City,
surrounded by his family. On the 19th, he organized the Box Elder
Stake of Zion, at Brigham City, which marked the close of his public
ministry. The last words he uttered were "Joseph, Joseph, Joseph!" He
was thinking of--perhaps conversing with--the Prophet Joseph Smith.
September 2, the funeral services were held in the tabernacle, and
there were gathered there to pay their respects and to mourn, the many
thousands of modern Israel.
Brigham Young, the Prophet
Brigham Young, the great pioneer and colonizer--but greater still the
prophet of the Lord--was sincerely loved by the righteous and equally
hated by the wicked. His life was one of trials and tribulations. Few
were the days he spent in peace; many were the days he suffered and
labored for the love of his fellow-men. He died misunderstood, save by
the little band of devoted Saints who suffered with him and shared his
hopes, his aspirations, and the assurance which was his of eternal life
in our Father's Kingdom.