RECENT EVENTS.--CONCLUSION.
Personal Appearance and Character of Brigham Young.--His
Aims and Purposes.--Solution of the Mormon Question.--New
Complications.--Military Reviews of Mormons.--Governor Durkee.
--Counteracting Influences.--The Mines and Miners.--Rev.
Norman McLeod.--The "Salt Lake Vedette."--Administration of
General Connor.--Murder of Brassfield.--Order of Young for the
Expulsion of the Gentiles.--Order for the Murder of Eighty
Men.--Difficulties concerning the Public Lands.--Murder of Dr.
Robinson.--The Gentiles flee in Terror.--The Government fails
to protect its Officers and Citizens.--The Hero of Three Wars
of the Republic hunted through the Territory.--Rev. Mr. McLeod
warned not to return to Utah.--The Reign of Terror commenced.
--The Gentiles call for Help. 273
THE MORMON PROPHET
CHAPTER I.
EARLY HISTORY OF BRIGHAM YOUNG.
The Birth and Parentage of Brigham Young.--His Brothers and
Sisters.--He embraces Mormonism, and becomes a Leader.--Is
appointed President of the Twelve, and finally placed at the
Head of the Church to succeed Joseph Smith.--Establishes the
Mormons in Salt Lake Valley.
Brigham Young was born at Whitingham, Windham County, Vermont, June 1,
1801. A short sketch of the family of this noted adventurer may not be
uninteresting. The following extract is from his autobiography:--
"My grandfather, John Young, was a physician and surgeon in
the French and Indian war.
"My father, John Young, was born March 7, 1763, in Hopkinton,
Middlesex County, Massachusetts. He was very circumspect,
exemplary and religious, and was, from an early period of his
life, a member of the Methodist Church. At the age of sixteen
he enlisted in the American Revolutionary War, and served
under General Washington; he was in three campaigns in his own
native State, and in New Jersey. In the year 1785 he married
Nabby Howe, daughter of Phineas and Susannah, whose maiden
name was Goddard.
"In January, 1801, he moved from Hopkinton to Whitingham,
Windham County, Vermont, where he remained for three years,
opening new farms.
"He moved from Vermont to Sherburn, Chenango County, New York,
in 1804, where he followed farming, enduring many hardships
and privations, incidental to new settlements.
"My father's family consisted of five sons and six daughters,
viz.:--
"Nancy, born in Hopkinton, Middlesex County, Massachusetts,
August 6, 1786.
"Fanny, born in the same place, November 8, 1787.
"Rhoda, born in Platauva District, New York, September 10,
1789.
"John, born in Hopkinton, Middlesex County, Massachusetts, May
22, 1791.
"Nabby, born in same place, April 23, 1793.
"Susannah, born in same place, June 7, 1795.
"Joseph, born in the same place, April 7, 1797.
"Phineas Howe, born in same place, February 16, 1799.
"Brigham, born in Whitingham, Windham County, Vermont, June 1,
1801.
"Louisa, born in Sherburn, Chenango County, New York,
September 25, 1804.
"Lorenzo Dow, born in same place, October 19, 1807."
It is worthy of remark, that all of Brigham's family became Mormons. His
father, John Young, was constituted first patriarch of the church, and
died at Quincy, Illinois, October 12, 1839. His brothers are all at Salt
Lake, and are the devoted followers and satellites of the Prophet.
Through the plurality system, the Youngs have formed connections so
numerous, that almost half the people at Salt Lake are in some way
related to the ruling dynasty. This is striking evidence of Brigham's
ingenuity in consolidating and perpetuating his power.
His early life was that of a farmer's son, but he afterwards acquired
the trade of a painter and glazier, which he followed until his
conversion to Mormonism. In 1832, being then thirty-one years of age, he
heard and embraced this new religion. He was convinced by Samuel H.
Smith, brother to the prophet Joseph, and was baptized by Eleazer
Miller, now living at Salt Lake.
Brigham "gathered" with the saints, at Kirtland, Ohio, and soon became
intimate with Joseph Smith. He was ordained an elder, and began
preaching. His shrewdness, and almost intuitive knowledge of character,
soon attracted the attention of his brethren, and gave him influence and
position in this weak and despised church. They recognized in him a man
born to rule and lead the masses. They were attracted by his strong,
electrical will; and from that time his power in the church has been
undisputed.
In 1835, on the 14th of February, at Kirtland, Brigham Young was
ordained one of the newly-organized quorum of the Twelve Apostles. Armed
with his new power, and fired with a zeal worthy of a better cause, he
went forth, and preached and proselyted with marked success.
Thomas B. Marsh having apostatized, Brigham was chosen to succeed him,
as President of the Twelve Apostles, in 1836.
Then came the dark days of Mormonism. Many of the prominent men of the
church apostatized. The saints were driven from Kirtland. Smith fled to
save his life; Brigham accompanied him, and after many hair-breadth
escapes, many trials and hardships, they again planted a new colony, and
settled in Far West, Missouri.
But the saints were destined again to endure persecution for their
faith. In a few years they were driven from Missouri, seeking a home
this time in Illinois. During all this time Brigham stood firm,
counselling and directing his brethren, and, like the rock amid the
storms, gathering fresh power of resistance as the waves of persecution
increased in fury.
In 1839 he was appointed, with others, to "open up the gospel" to the
inhabitants of the British Isles. They landed at Liverpool on the 6th of
April, 1840, and immediately commenced preaching. Brigham superintended
affairs, issued an edition of the "Book of Mormon," and commenced the
publication of the "Millennial Star," a periodical still living. In 1841
he sailed for New York, having shipped seven hundred and sixty-nine of
the faithful, and leaving many churches, with organizations completed.
Brigham was cordially received by Smith, and the saints generally, who
appreciated and acknowledged his services, and it was evident that his
influence and fame were rapidly increasing.
In 1844 the whole aspect of affairs was changed. Smith was shot, Nauvoo
threatened by a mob, and the Twelve Apostles scattered. Sidney Rigdon
assumed the Presidency, he being Smith's first counsellor. Divisions
were numerous, and the church was in imminent danger of falling into
hopeless ruin.
Brigham, with true Napoleonic foresight, saw his opportunity, and was
not slow to improve it. He came hurriedly to Nauvoo, denounced Rigdon as
an impostor and his revelations as emanations from the Devil, cut off
both him and his adherents from the true church, cursed Rigdon, and
"handed him over to the buffetings of Satan for a thousand years," and
was himself elected President by an overwhelming majority.
This exhibition of energy silenced all opposition. Those who did not
love, feared him; and all suffered themselves to be led, because they
dared not resist, a man so determined to rule.
Thus much accomplished, and visions of future power and aggrandizement,
perchance of temporal sovereignty, floated through the brain of this
modern Mohammed. He dreamed of the kingly robe and the jewelled crown in
some far-off valley of the Rocky Mountains, where gentiles or their laws
could not annoy the saints, or hinder the normal development of
Mormonism. How and in what manner these dreams came so near fulfilment,
will be seen as the reader peruses these pages.
But he did not lose sight of the present in these glowing visions of the
future. He completed the Temple, the Mansion-House was in a forward
state, Nauvoo was increasing rapidly, and with it his power and
popularity.
Brigham, however, with his usual foresight, saw the storm arising. The
saints were again to be driven. So he hurried the people through their
endowments, bound them to him by oaths which made them shudder to
recall, and still, by an art equal to that of Loyola, so inwound himself
in their affections that they loved and reverenced him the more. He
aroused their deepest hatred toward the "gentiles;" wrought upon their
pride, ambition, and revenge, until they were ready to do and dare
anything for their religion and their leader. When his power was thus
fully established, he revealed to them "the will of the Lord concerning
them." They must leave their beautiful Nauvoo, their sacred temple,
their altars and their homes, and follow him as the Moses of the new
dispensation, and he would find for them a Canaan, a land flowing with
milk and honey, where the gentiles should never come. This was a trial
of their faith. Should they yield to the temptation, and, hankering
after the flesh-pots of Egypt, lose their birthright? They wept, they
hesitated, but the strong will and iron nerve of Brigham conquered, and
they obeyed.
In February, 1846, they crossed the Mississippi on the ice, and leaving
home, property, and kindred, they took up their line of march for the
land of the setting sun. As the long trains rolled by, Brigham
comforted, counselled, and blessed the weeping emigrants. He told them
of the land where they should worship "under their own vine and
fig-tree, with none to molest or make them afraid." Alas for their
fainting hearts! Little did they suspect that the cruel ambition of
their God-man would lead them to a land as barren as the Desert of
Sahara, and as devoid of vegetation as the Rock of Gibraltar.
They established themselves in winter-quarters at Kanesville, now
Council Bluffs, Iowa. Here new difficulties arose. The church was poor,
and means were needed to supply the current necessities, as well as to
defray the expense of the journey to their new Zion. Various schemes
were resorted to for the purpose of "raising the wind." A band of
Danites was sent out to steal cattle and horses, and convey them beyond
the jurisdiction of the State authorities. Others were detailed to make
and circulate counterfeit money. While these little speculations were
progressing, Brigham was trying his hand at diplomacy. He is reported to
have sent James C. Little to Washington, to request the privilege of
raising a battalion of Mormons for the Mexican war.
This movement was prompted by several considerations. First, it was
thought necessary for the safety of the church that they should make a
show of patriotism; secondly, these soldiers would draw pay from the
government, which Brigham could appropriate; and thirdly, they were to
be discharged in Mexico, where, at that time, he designed to found his
theocratic monarchy. It has been asserted by some persons that Brigham
received $20,000 from the government, as a bonus, for raising the
battalion; but I find no evidence to substantiate this assertion. The
following affidavit will show in what manner he was benefited by this
transaction:--
"TERRITORY OF UTAH, }
GREAT SALT LAKE CITY.}
"Alexander McCord says that he was mustered into the U. S.
service in the Mormon Battalion, August 16th, 1846. That an
advance of $42.50 was issued by the government per man,
ostensibly for the purpose of clothing the command, making a
total to the battalion of $22,500. That this amount was
received by Parley P. Pratt, and forwarded by him to Brigham
Young, who proffered to apply the same for the benefit of the
families of the battalion, who were in a state of destitution.
That he, Brigham, informed them he would send to St Louis,
purchase goods, and deal them out for the benefit of said
families at wholesale prices. Also made a covenant with them,
calling upon God and angels to witness the same. That he would
transport their families to them in Mexico, now California,
even if he had to leave his own family behind; also would
provide houses for them. That in his public address to the
battalion, in relation to this subject, he strongly urged the
advantages that would accrue to his church by their compliance
with this requisition, making it entirely a matter of
self-interest, with the sole view of accomplishing certain
private ends; and not in anywise appealing to their loyalty,
or setting forth the necessity of rendering assistance to the
parent government.
"That he did not fulfil the promises he had made. Some few
articles were served out to their families at enormous
rates,--his (McCord's) wife having to take sole-leather, for
which she had no use. That when their wives appealed to him,
expecting in good faith to receive according to promise, he
laughed, mimicked, and made fun of them on the public stand;
showing how they cried and whined. On the arrival of the money
at Council Bluffs, some of the women, being entirely
destitute, desired their husbands' share, and some cried for
the want of it. Young ridiculed them, and told them if they
insisted upon having the money, they must not look to him for
support or protection; thus compelling them to accept of his
terms.
"Two agents, John D. Lee and Major Egan, followed the
battalion to Santa Fe, and there received a draft on
Leavenworth, for the first month and a half's pay, with the
understanding from the soldiers it was to be paid to their
families. The authorities of the church drew the amount, and
then took out the tithing for themselves, one tenth.
"One of the inducements held out by the government, was to
discharge them, with their arms in Mexico, which was done.
When he (McCord) arrived in Utah, October, 1847, he found his
family not here, and was prevented by the church authorities
from going after them; and was not permitted to leave until
January following. When he reached his family at Winter
Quarters, Missouri, he found no preparations made for their
being forwarded to Utah, and there were none made afterwards.
(Signed,) ALEXANDER MCCORD.
"_Territory of Utah, ss._
"Alexander McCord, being duly sworn, says that the facts set
forth in the foregoing statement by him subscribed, of his own
knowledge, are true, and those set forth upon information and
belief he verily believes to be true.
(Signed,) ALEXANDER MCCORD."
"Subscribed and sworn to before me, this 4th day of May, 1864.
"THOMAS J. DRAKE,
"_Associate Justice U. S. Sup. Court, Utah_."
By this operation, Brigham must have realized the neat little sum of
$10,000. This enabled him to fit out an expedition to explore the
country west of the Rocky Mountains. Accordingly, in the spring of 1847,
with one hundred and forty-three of his tried adherents, he made the
journey to Salt Lake, where they arrived July 24, 1847. A colony was at
once established, and a part of the number left to commence farming
operations. Brigham, with the remainder, returned to "Winter Quarters."
Here he found the people on the point of starvation, while fevers and
the cholera were rapidly thinning their ranks. Brigham at once commenced
alleviating their suffering, and in the excess of their gratitude, these
poor deluded creatures did not see that he was the cause of all their
misery.
Young was now ready to enact another scene in this Mormon drama. He was
ruling the church in the capacity of President of the Twelve Apostles.
He desired greater power; he wished to occupy the place of the Prophet
of the Lord. This was the more difficult, as the people venerated the
memory of Joseph Smith, sanctified as it was by the remembrance of his
cruel and untimely death. Brigham knew well the extent of this feeling,
and that it would be impossible to supplant Joseph in their affections,
and extremely difficult to occupy his position. But his plans demanded
that he should be in form what he was in fact,--the absolute head of the
church. He resolved to execute a brilliant _coup d'état_, and risk the
consequences.
On the morning of the 24th of December, 1847, he ascended the pulpit to
preach; and with that power of mimicry and imitation for which he is so
remarkable, aided, doubtless, by works of art to enable him to represent
the features and _personnel_ of Smith, he so completely assumed the tone
and manner, and presented the appearance of Joseph, that the
congregation believed that their dead prophet stood before them. The
effect was electrical. Women screamed and fainted; strong men wept; the
delusion was complete. "_The mantle of Joseph had fallen upon
Brigham_;" he was henceforth their Prophet, Seer, and Revelator, the
rightful successor to the Presidency. One old brother told me that he
really believed that Joseph was present in the flesh, so strong was the
personal resemblance at the time. As soon as the tumult subsided, the
people elected Brigham "President of the Church of Jesus Christ of
Latter Day Saints in all the world." He appointed Heber C. Kimball and
Willard Richards as his counsellors. These three constituted the "First
Presidency." This action was subsequently confirmed, at a conference
held April 6, 1848, at the same place. Brigham was now the nominal as
well as the real leader of this strange community.
A greater trial demanded his forethought. The whole church was to be
removed over a thousand miles, through an almost unknown country, full
of dangers and difficulties.
The following account of the manner in which this difficult undertaking
was executed, is from the pen of John Hyde, Jr.:--
"Some ability is required to efficiently remove bodies of
armed troops over such new and pioneering obstacles: well
supplied, equipped, and mounted, it takes a commander's skill;
but here were poor, unprovided, feeble men, women, and
children, shaking with ague, pale with suffering, hollow and
gaunt with recent hunger. Without strife, without discord,
almost without a murmur, this heterogeneous mass moved off.
Many groaned with anguish, but none with complaint. Brigham's
energy inspired them all; his genius controlled them all.
Marking their road with their gravestones, they arrived at
Salt Lake Valley, destitute and feeble, in 1848. The desert to
which they had come was as cheerless as their past history.
From cruel foes they had fled to as unfeeling a wilderness.
Renewed difficulties demanded a renewed effort from Brigham.
Everything depended on him. Starvation and nakedness stared in
the gloomy faces of the desponding people. Murmurs and
complaints were uttered. He quelled everything; scolded,
plead, threatened, prophesied, and subdued them. With a
restless but resistless energy he set them to work, and worked
himself as their example. He directed their labors,
controlled their domestic affairs, preached at them, to them,
for them. He told foolish anecdotes to make them laugh,
encouraged their dancing to make them merry, got up theatrical
performances to distract their minds, and made them work hard,
certain of rendering them contented by-and-by. Feared with a
stronger fear, venerated with a more rational veneration, but
not loved with the same clinging tenderness that the people
still felt for Joseph Smith, Brigham swayed them at his will.
They learned to dread his iron hand, and were daunted by his
iron heart."[10:A]
While he was thus consolidating his power, laying plans for the
foundation of a monarchy more despotic than that of Austria, important
changes were going on in the political condition of the country. Mexico
was conquered, and much of its territory, including Utah, was annexed to
the United States, and the Mormons thus again brought within the
jurisdiction of the Federal Government.
From this era in Mormon affairs Brigham appears in so many different
characters that his history can only be fully written by considering him
in his various _rôles_,--as "Governor of Utah and Superintendent of
Indian Affairs;" "President of the Church, Prophet, Seer, and
Revelator;" "Trustee in Trust for the Church;" "President of the
Emigration Company;" "Lord of the Harem;" "Eloheim, or Head God;" and
"Grand Archee of the Order of the Gods."
FOOTNOTES:
[10:A] _Mormonism; its Leaders and Designs_, by John Hyde, Jr. New
York: W. P. Fetridge & Co. 1857. Page 144.
CHAPTER II.
POLITICAL.
Brigham as Governor of Utah and Superintendent of Indian
Affairs.--Formation of the State of Deseret.--Proceedings of
the Utah Legislature.--Brigham's Proclamations.--Difficulties
with the Federal Officers.--Proceedings of the first Judges.
By the treaty of Guadalupe Hidalgo, concluded between the United States
and Mexico in 1848, the country now embraced in the Territory of Utah
was transferred from the jurisdiction of the latter to that of the
former, and on the 9th of September, 1850, Congress passed an Act to
organize the Territory of Utah.
The Mormons arrived in the Salt Lake Valley on the 24th of July, 1847,
while the Territory yet belonged to Mexico. When the peace between the
United States and Mexico was concluded, the Mormons were left without a
government. They took advantage of this opportunity to set up an
independent government.
Early in 1849 they met in convention to frame a constitution for "the
State of Deseret." The following is an abstract of the minutes of that
convention:--
On the 15th of March, 1849, the convention appointed the following
persons a committee to draft a constitution for the State of Deseret, to
wit: Albert Carrington, Joseph L. Heywood, William W. Phelps, David
Fullmer, John S. Fullmer, Charles C. Rich, John Taylor, Parley P. Pratt,
John M. Bernheisel, and Erastus Snow.
March 18, 1849, Albert Carrington, chairman of the committee, reported
the following constitution, which was read, and unanimously adopted by
the convention: [The preamble only is here given.]
"CONSTITUTION OF THE STATE OF DESERET.
"Whereas a large number of the citizens of the United States,
before and since the treaty of peace with the Republic of
Mexico, emigrated to and settled in that portion of the
territory of the United States lying west of the Rocky
Mountains, and in the great interior basin of Upper
California; and whereas, by reason of said treaty, all civil
organization originating from the Republic of Mexico became
abrogated; and whereas the Congress of the United States has
failed to provide a form of civil government for the territory
so acquired, or any portion thereof; and whereas civil
government and law are necessary for the security, peace, and
prosperity of society; and whereas it is a fundamental
principle in all republican governments that all political
power is inherent in the people, and governments instituted
for their protection, security, and benefit, should emanate
from the same:
"Therefore your committee beg leave to recommend the adoption
of the following _Constitution_, until the Congress of the
United States shall otherwise provide for the government of
the Territory hereinafter named and described, by admitting us
into the Union.
"We, the people, grateful to the Supreme Being for the
blessings hitherto enjoyed, and feeling our dependence on Him
for a continuance of those blessings, _do ordain and establish
a free and Independent Government_, by the name of _the State
of Deseret_; including all the territory of the United States
within the following boundaries, to wit:" [Here follow the
boundaries of the proposed new State.]
It will be noticed by the phraseology of the foregoing preamble that
this government was to be "free and independent," and was intended to
remain such until the new State, thus constituted, _should be admitted
into the Union_. In other words, they intended, through the machinery of
this independent State, to harass and annoy the government, and the
gentiles, until the "saints" could force themselves into the Union upon
their own terms. This theory is fully sustained by the subsequent
history of this inchoate State. The very first steps taken were
independent of, and in hostility to, the officers appointed by the
Government of the United States, as will more fully appear in the
following pages.
The formation of this government for the State of Deseret was the first
effort to throw off the yoke of the Federal Government,--an effort which
has been persistently persevered in to the present time.
There never has been a time since Brigham Young crossed the Rocky
Mountains, when he has honestly entertained the idea of being a good and
loyal citizen of the United States.
The following were the first officers of this infant monarchy:--
Governor, BRIGHAM YOUNG.
Lieutenant-Governor, HEBER C. KIMBALL.
Chief Justice, DANIEL H. WELLS.
The Assembly met, and after listening to the Governor's Message,
proceeded to frame a code of laws. This _pseudo_ State government
remained in force until the 22d of September, 1851, when the Territorial
Legislature convened.
In the mean time Brigham, having been appointed Governor of the newly
organized Territory, and Superintendent of Indian Affairs, and seeing a
fair prospect of lining his pockets from the treasury of the United
States, concluded to forego for a time his ambitious projects, and
consented that the new "State" should be merged into a United States
Territory.
The federal officers were appointed during the session of 1850-51, but
owing to the difficulty of transportation, did not arrive until July,
1851. Young, who had been appointed Governor, had, on the 3d of
February, 1851, taken the oath of office before Wells, _Chief Justice of
Deseret_.
The first session of the Territorial Legislature was convened, in
pursuance of the proclamation of the Governor, on the 22d day of
September, 1851, and continued by adjournment from time to time, until
the 18th day of February, 1852. This was succeeded by a special session,
called by proclamation of the Governor, commencing the following day,
and continuing until the 6th day of March, 1852. What there was in the
political condition of this community, subjected as they were, in almost
all the relations of life, to a complete and comprehensive system of
religious government, to require a continuous session of the Territorial
Legislature for nearly six months, has never yet been explained.
The following is extracted from the published proceedings of the first
Legislative Assembly:--
"REPRESENTATIVES' HALL, Tuesday, Sept 23, 1852.
"10 o'clock, A. M. Both houses of the Legislative Assembly met
in joint session, according to previous arrangement. The
President of the Council in the chair.
"The committee appointed to that duty appeared, escorting his
Excellency Brigham Young, Governor of Utah Territory, who was
seated immediately in front of the Speaker's chair.
"The joint committee appointed to wait upon the Judges of the
Supreme Court, and the Secretary of the Territory, appeared,
escorting the Hon. Z. Snow [Mormon], one of said Judges. They
reported that they had visited the Hon. Perry E. Brochus, and
Mr. Secretary Harris. But the answer returned by them was so
vague and indefinite that they did not know whether they would
respond to the invitation or not. The committee also reported
that they did not see the Hon. Judge Brandenburg. The United
States District Attorney, Seth M. Blair, Esq., [Mormon,] was
also seated within the bar."
The hostility to the federal officers had already been so openly and
offensively manifested, that the respect which these gentlemen owed to
themselves and the government and people whom they represented, would
not permit them to be present at the first meeting of the Legislative
Assembly. It will be noticed that one of them was not seen at all, and
the reply of the other two was not even reported!
"The House was called to order by the President of the
Council, who then informed his Excellency the Governor, that
the two Houses were now ready to receive any communication he
might be pleased to make."
The Governor then presented his Message, as follows:--
"_Fellow-citizens of the Council and House of Representatives
of Utah Territory_:--
"Having called you from your various avocations to convene in
general assembly at an earlier day, and upon shorter notice
than may appear desirable, I will proceed without delay to lay
before you the chief reason for so doing, as well as such
other suggestions as to me shall appear necessary and proper,
and as shall occur to my mind." . . .
"Through the munificence of the General Government, we have
extended unto us increased facilities for spending our time
for the public weal; for, however much the honest pride of
gratuitous public service may flatter its humble recipient,
yet whilst it impoverishes all but his honorable name and his
country's cause, his anxieties will scarcely be lulled, his
daily supplies but rarely replenished."
He again addressed them, January 5, 1852:--
" . . The enjoyment of a _free and independent people_ can be
accomplished only through this principle: produce what you
consume. Draw from the native elements the necessaries of
life; permit no vitiated taste to lead you into expensive
luxuries, which can only be obtained by involving yourselves
in debt. Let home industry produce every article of home
consumption." . .
This Legislature, besides passing a code of laws for the government of
the Territory, sent some twenty memorials to Congress, most of them
calling for appropriations of public money, and divided up the canyons,
ferries, pasture-lands, woodlands, water privileges, and, in fact, all
the most valuable portion of the public domain, among prominent
"saints," giving always to Brigham the "lion's" share. To this he was
entitled by his recognized appellation of "the Lion of the Lord."
To this day he holds, by virtue of an Act of the Legislature, the most
valuable canyon, near Salt Lake, called City Creek, or Brigham's
Canyon,--having taken actual possession of the same, by fencing in the
mouth of the canyon completely, and thus preventing all ingress or
egress, except upon the payment of toll. General Connor, upon his
arrival in Utah, in the fall of 1862, was justly indignant to find
himself fenced out from one of the national thoroughfares, but thought
it prudent not to add to the causes of irritation by interfering.
During this session Brigham issued eight proclamations. The following is
the most celebrated of these _State Papers_:--
"TERRITORY OF UTAH.
"_A Proclamation for a Day of Praise and Thanksgiving._
"It having pleased the Father of all good to make known his
mind and will to the children of men in these last days, and
through the administration of his angels to restore the holy
priesthood unto the sons of Adam, by which the gospel of his
Son has been proclaimed, and the ordinances of life and
salvation are administered; and through which medium the Holy
Ghost has been communicated to believing, willing, and honest
minds; causing faith, wisdom, and intelligence to spring up in
the hearts of men, and influencing them to flow together, from
the four quarters of the earth, to a land of peace and health,
rich in mineral and vegetable resources, reserved of old in
the councils of eternity for the purposes to which it is now
appropriated; a land choice above all other lands; far removed
from the strife, contentions, divisions, moral and physical
commotions, that are disturbing the peace of the nations and
kingdoms of the earth,--
"I, Brigham Young, Governor of the Territory aforesaid, in
response to the time-honored custom of our fathers at Plymouth
Rock, by the governors of the several States and Territories,
and with a heart filled with humiliation and gratitude to the
Fountain of all good, for his multiplied munificence to his
children, have felt desirous to, and do, _proclaim_ Thursday,
the 1st day of January, eighteen hundred and fifty-two, a _Day
of Praise and Thanksgiving_, for the citizens of this our
peaceful Territory, in honor of the God of Abraham, who has
preserved his children amid all the vicissitudes they have
been called to pass; for his tender mercies in preserving the
nation undivided in which we live; for causing the gospel of
his kingdom to spread and take root upon the earth, beyond the
power of men and demons to destroy; and that he has promised
a day of universal joy and rejoicing to all the inhabitants
who shall remain when the earth shall have been purified by
fire, and rest in peace.
"And I recommend to all good citizens of Utah, that they
abstain from everything which is calculated to mar or grieve
the Spirit of their Heavenly Father on that day; that they
rise early in the morning of the first day of the new year,
_and wash their bodies with pure water_; that all men attend
to their flocks and herds with carefulness, and see that no
creature in their charge is hungry, thirsty, or cold; while
the women are preparing the best of food for their households,
and their children ready to receive it in cleanliness and
cheerfulness; then let the head of each family with his
family, bow down upon his knees before the God of Israel, and
acknowledge all his sins, and the sins of his household; call
upon the Father, in the name of Jesus, for every blessing that
he desires for himself, his kindred, the Israel of God, the
universe of man; praying with full purpose of heart and united
faith that the union of the United States may be preserved
inviolate, against all the devices of wicked men, until truth
shall reign triumphant, and the glory of Jehovah shall fill
the earth. Then, in the name of Jesus, ask the Father to bless
your food; and when you have filled the plates of your
household, partake with them with rejoicing and thanksgiving;
and if you feel to make merry in your hearts, sing a song of
thanksgiving; and lift up your hearts continually, in peace
and acknowledgment of the unbounded mercies you are
momentarily receiving.
"I also request of all good and peaceful citizens, that they
abstain from all evil thinking, speaking, and acting, on that
day; that no one be offended by his neighbor; that all jars
and discords cease; that neighborhood broils may be unknown;
that tattlers and strife may not be remembered; that evil
surmising may be forgotten; that all may learn the truth, and
have no need of priests to teach them; that all may be well,
and have no need of doctors; that all may cease their
quarrels, and starve the lawyers; that all may do as they
would be done unto, so that perfect love, which casteth out
all fear, may reign triumphant, and there shall be nothing to
disturb the quiet of an infant in all the Territory of Utah;
that there be no contention in the land; and that the same
peace may extend its influence to the utmost bounds of the
everlasting hills, and from thence to the habitation of every
man and beast, to the ends of the earth; till the leopard
shall lie down with the kid, the lion shall eat straw like the
ox, and the babe shall lay his hand upon the cockatrice's den,
and find peace to its soul.
"I further request, that when the day has been spent in doing
good, in dealing your bread, your butter, your beef and your
pork, your turkeys, your molasses, and the choicest of all the
products of the valleys of the mountains, at your command, to
the poor; that you end the day in the same order, and on the
same principle that you commenced it; that you eat your supper
with singleness of heart, as unto the Lord, after praise and
thanksgiving, and songs of rejoicing; remembering that you
cannot be filled with the Holy Spirit, and be preparing for
celestial glory, while the meanest menial under your charge or
control is in want of the smallest thing which God has given
you power to supply; remembering that it is dependent on you
for its comforts, as you are dependent on your God for your
constant support.
"Retire to your beds early, that you may be refreshed, and
rise early again, and so continue, until times and seasons are
changed; or finally, I say unto you, let the same process be
continued from day to day, until you arrive unto one of the
days of Kolob, [where a day is 1000 of our years,] the planet
nearest to the habitation of the Eternal Father; and if you do
not find peace and rest to your souls by that time, in the
practice of these things, and no one else shall present
himself to offer you better counsel, _I will be there_, and
knowing more, will tell you what you ought to do next.
[SEAL.]
"Done at the Executive Office, Great Salt Lake
City. In witness whereof, I have hereunto set my
hand and caused the seal of the Territory to be
affixed, this 19th day of December, A. D. 1851, and
of the Independence of the United States the
seventy-sixth.
"By the Governor,
BRIGHAM YOUNG.
"W. RICHARDS, _Sec. pro tem., appointed by the Governor_."
Amidst the verbosity of this singular document will be seen expressions
of attachment to the Federal Union. The sincerity of these professions
must be judged of in the light of his contemporaneous acts. The officers
appointed by the General Government were then in the States, or at
Washington, representing truly the condition of things in Utah, and the
conduct of Brigham and his associates, which effectually obliged them to
leave the Territory, by rendering their presence in Utah not only
useless but dangerous. It is for our readers to say how much weight is
to be given to that portion of the fulmination of the Prophet put forth
under such circumstances.
At this first session of the Legislature, Brigham proceeded to give, in
his Message, his views in relation to African slavery, fully indorsing
it, and prescribing regulations for its establishment in the Territory.
His views upon this subject may be gathered from the following
extract:--
"Thus while servitude may and should exist, and that too upon
those who are naturally designed to occupy the position of
servant of servants, yet we should not fall into the other
extreme, and make them as beasts of the field, regarding not
the humanity that is in the colored race; nor elevating them,
as some seem disposed, to an equality with those whom nature
and nature's God has indicated to be their masters, their
superiors."
In accordance with the foregoing suggestions, the Legislature passed a
law regulating slavery in the Territory, and it has existed in full
force and effect to the present time. There are now a considerable
number of African slaves in the Territory, and a large number of
Indians, "held to service."
During the same session, the Legislature memorialized the President,
setting forth that the federal officers had abandoned the Territory;
reciting the formation of the provisional government of Deseret, and
complaining that "all the authorities of the Territory, including the
governor and both houses of the Assembly, and marshal, had been set at
naught as exercising their functions illegally and unconstitutionally."
The causes which led to this petition were as follows:--
When the Territory was organized, in the winter of 1850-51, the
following named officers were appointed:--Brigham Young, Governor;
Lemuel C. Brandenburg, Chief Justice; Perry E. Brochus and Zerubbabel
Snow, Associate Justices; Seth M. Blair, Attorney General, and B. D.
Harris, Secretary. These officers did not arrive in Utah until July,
1851. Previous to their arrival, Brigham Young had issued a proclamation
ordering an election for delegate to Congress and members of the
Legislature, and providing for taking the census.
The Secretary considered that Young had exceeded his authority, and on
this ground refused to pay over the moneys in his hands for the expenses
of the Legislature.
The Supreme Court being then in session, Harris applied to the court for
an injunction to stay the proceedings of the Legislature, which the
court granted. This order, however, was nugatory, as the court had no
power to enforce its judgments. This, of course, enraged the Mormons;
and the Governor instructed Blair, the District Attorney, who was a
Mormon, to sue out a writ of injunction upon the Secretary, to prevent
him from taking the money out of the Territory. The court decided
against the injunction, thus again sustaining the Secretary.
Again, Congress had appropriated $20,000 for the erection of suitable
buildings at the capital of the Territory. Brigham and his tools, the
members of the Legislature, attempted to appropriate this money, and in
exchange, palm off upon the government, for $20,000, a building which
never cost over $8,000.
These circumstances engendered much feeling between the Mormons and the
gentile officers; and this was in nowise lessened by an incident which
occurred about this time.
Hon. Perry E. Brochus, one of the Supreme Judges, in some remarks made
in a Mormon assembly, commented rather severely upon the peculiar
institution. He commenced by addressing the women upon the subject of
spiritual wife-ism; pointing out to them its wickedness and the unhappy
results that must follow to them and to their children, if the practice
should be persisted in. He said it was against the laws of man and God.
This was undoubtedly the first time, at Salt Lake, that a gentile had
ever spoken in public against Mormon institutions.
The women were excited; the most of them were in tears, before he had
spoken many minutes. The men were astonished and enraged, and one word
of encouragement from their leader would have brought on a collision.
Brigham, with his usual shrewdness, saw this, and was equal to the
occasion. When the Judge sat down, he rose, and by one of those strong,
nervous appeals, for which he is so famous among his brethren, restored
the equilibrium of the audience. Those who, but a moment before, were
bathed in tears, now responded to his broad sarcasm and keen wit, in
screams of laughter; and having fully restored the spirits of the
audience, he turned to the Judge, and administered the following rebuke:
"I will kick you," he said, "or any other gentile Judge from this stand,
if you or they again attempt to interfere with the affairs of our Zion."
The Judge saw that he was beaten, and finding his life threatened and in
danger, soon after left the Territory.
After his departure, Brigham preached the following sermon:--
"I am at the defiance of the rulers of the greatest nations on
the earth, with the United States all put together, to produce
a more loyal people than the Latter Day Saints. Have they, as
a people, broken any law? No, they have not. Have the United
States? Yes. They have trampled the Constitution under their
feet with impunity, and ridden recklessly over all law, to
persecute and drive this people. Admit, for argument's sake,
that the Mormon elders have more wives than one, yet our
enemies never have proved it. If I had forty wives in the
United States, they did not know it, and could not
substantiate it; neither did I ask any lawyer, judge, or
magistrate for them. I live above law, and so do this people.
Do the laws of the United States require us to crouch and bow
down to the miserable wretches who violate them? No!
"I defy the world to prove that we have infringed upon that
law. You may circumscribe the whole earth, and pass through
every Christian nation, so called, and what do you find? If
you tell them a 'Mormon' has two wives, they are shocked, and
call it dreadful blasphemy. If you whisper such a thing in the
ears of a gentile, who takes a fresh woman every night, he is
thunderstruck with the enormity of the crime. . . . .
"Now, let me tell you the great, killing story. 'Governor
Young has sixteen wives and fourteen babies.' Now, they did
not see that sight, but the circumstance was as follows: I
took some of my neighbors into the large carriage, and rode
down to Father Chase's to eat watermelons. When driving out of
the gate, in the evening, Brother Babbitt walks up, and I
invited him into the carriage, and he rode up into the city
with me, and I suppose he told the United States officers.
That, I believe, is the way the story of the sixteen wives and
fourteen children first came into circulation.
"But this does not begin to be the extent of my possessions,
for I am enlarging on the right hand and on the left; and
shall soon be able, Abraham-like, to muster the strength of my
house, and _take my rights_, asking no favors of judges or
secretaries."
At another time he used the following language:--
"When the officers returned from this Territory to the States,
did we send them away? We did not. I will tell you what I did,
and what I will do again. I did chastise the poor, mean
ruffian,--the poor, miserable creature who came here by the
name of Brochus,--when he arose before this people, to preach
to them, and tell them of meanness which he supposed they were
guilty of, and traduce their characters.
"It is true, as it is said in the report of these officers, if
I had crooked my little finger he would have been used up. But
I did not bend it. If I had, the sisters alone felt indignant
enough to have chopped him in pieces. I did not do it,
however, but suffered him to fill up the measure of his shame
and iniquity, until his cup is running over.
"I have no fears whatever of Franklin Pierce excusing me from
office, and saying that another man shall be the Governor of
this Territory. At the beginning of our settlements, when we
sent Almon W. Babbitt to Washington with our constitution for
a State government, and to ask leave to adopt it, he requested
that I should not sign my name to it as Governor; 'for,' said
he, 'if you do, it will thwart all our plans.' I said, 'My
name will go as it is in that document, and stay there, from
this time henceforth and forever. Now,' I continued, 'if you
do not believe it, you may go to Washington, and give those
papers to Dr. Bernheisel, and operate against him, and against
our getting a State government, and you cannot hinder it.'
"I will be Governor still, after you have done everything you
possibly can to prevent it. We have got a Territorial
Government, and I am and will be Governor, and no power can
hinder it, until the Lord Almighty says, 'Brigham, you need
not be Governor any longer;' and then I am willing to yield to
another Governor."
This "sermon" was preached at Great Salt Lake City, June 19, 1853, and
is published in the "Journal of Discourses," vol. i. p. 188.
Brigham had appointed his second counsellor, Willard Richards, to fill
the vacancy occasioned by the departure of Secretary Harris. So the
saints had fairly succeeded in ridding themselves of the obnoxious
officials,--the remaining Judge, and the District Attorney, being
Mormons in good standing.
The Hon. Z. Snow then proceeded to hold his court, unmolested by gentile
law or judges. He tried and convicted several Spaniards of buying Indian
children for slaves, took the children from the Spaniards, and turned
them over to the "brethren."
The Indians now began to be hostile, and the brethren were obliged to
cease pursuing the gentiles, and prepare to defend themselves against
the "Lamanites." During the years 1852-53-54, more or less disturbances
prevailed.
In October, 1852, Judge Shaver arrived, as successor to Judge Brochus;
and Lazarus H. Reed, of New York, was appointed Chief Justice, to
succeed Judge Brandenburg. Judge Reed arrived in the Territory in June,
1853. Of these, Brigham said,--
"One of our judges, Judge Shaver, has been here during the
winter, and, as far as he is known, he is a straightforward,
judicious, upright man, and a good adjudicator in the law. He
and Judge Reed, who has lately arrived, I believe will do the
best they can, and all is right."
Judge Snow continued to hold his office until succeeded by Judge Stiles,
in the fall of 1854.
Judge Shaver lived among the saints until his death, and was "buried
with the faithful."
It is currently reported, and believed by many, that Judge Shaver died
from the effects of poison, administered by the hands of a Mormon. He
was a Southerner by birth, agreed very well with the Mormons, gave
suppers, and drank with them, and was considered a "hail-fellow well
met." There was, however, some difficulty between the Judge and the
Prophet, the nature of which was not distinctly known. The difficulty
increased, and one morning the Judge was found dead in his bed. The
heads of the church took great pains to have the affair investigated,
and came to the conclusion that the Judge had died of some "disease of
the head." He was followed to the grave by a large concourse of people,
and preceded by a band of music.
Less regard would be paid to these invidious reports, were it not for
the fact that Brigham Young's connection with the violent death of
divers other persons is too notorious to be denied. To say nothing of
the Mountain Meadow massacre, in which he is distinctly implicated by
evidence of an overwhelming character, there are other cases in which
his agency in causing in some way the death of the party, is scarcely
denied by himself.
For instance, the death of Almon W. Babbitt, at the hands of "Indians,"
on the Plains. In the summer of 1862, Brigham was referring to this
affair, in a tea-table conversation, at which Judge Waite and the writer
of this were present. On that occasion, after making some remarks to
impress upon the minds of those present the necessity of maintaining
friendly relations between the federal officers and the authorities of
the church, he used language substantially as follows:--
"There is no need of any difficulty, and there need be none,
if the officers do their duty, and mind their own affairs. If
they do not, if they undertake to interfere in affairs that do
not concern them, I will not be far off. _There was Almon W.
Babbitt. He undertook to quarrel with me, but soon afterwards
was killed by Indians._ He lived like a fool, and died like a
fool."
People determined to believe only that Brigham Young is a good citizen,
and that he and his people are mostly in the right in their difficulties
with the federal officers, will doubtless be able to put an innocent
construction upon the foregoing language. But to the minds of those who
heard it, and who were most interested in its meaning, it never had but
one signification, and went far to disclose the dark and damning
character of the man.
But to return to our narrative. Judge Reed seems to have been more
fortunate in his intercourse with these people. The Mormons wished to
eradicate from his mind all unfavorable impressions created by the
sudden departure of his predecessors. They therefore treated him with
marked consideration. They hoped, through his influence, to reinstate
themselves with the authorities at Washington, and they partially
succeeded. The Judge formed quite a favorable opinion of the Mormons,
though not indorsing the administration of Brigham Young. He remained in
the valley about a year, and then went to the States, intending to
return, but died suddenly, while at his home, in Bath, Steuben County,
New York.
CHAPTER III.
POLITICAL HISTORY CONTINUED.
Col. Steptoe and Brigham Young.--Brigham reappointed Governor.
--John F. Kinney.--Western Utah, or Nevada.--Letter of Hon.
James M. Crane.--Judge Stiles and the Records.--W. W. Drummond.
In 1854 Col. Steptoe, with about 300 men, came to Salt Lake. His command
was intended for California and Oregon, but spent the winter of 1854-55
at Salt Lake City.
About this time John F. Kinney, of Iowa, was appointed Chief Justice, to
succeed Reed, and George P. Stiles, Associate Justice; Joseph Hollman,
also of Iowa, Attorney-General, and Almon W. Babbitt, Secretary. In the
spring of 1855, W. W. Drummond, of Illinois, was appointed Associate
Justice.
During the winter of 1854-55, news reached Salt Lake that President
Pierce had commissioned Col. Steptoe as Governor of Utah. This alarmed
the saints exceedingly. The Lion of the Lord was roused. Something must
be done.
Col. Steptoe had the appointment under consideration for several weeks,
and finally _refused to accept it_, and joined with Chief Justice Kinney
and others in recommending the continuance in office of Governor Young.
The question naturally arises, Why did Col. Steptoe refuse to accept the
appointment, and recommend Brigham Young? Mormons would tell you, in
confidence, that Brigham "put a hook in his nose," and he was compelled
to do as he did. The Prophet of the Lord had said he would be Governor,
and no power but the Lord Almighty could hinder it.
Daring and unscrupulous as a brigand, having the means at his command,
and the ingenuity to use them, why should he not outwit the government
and deceive the people of the United States? He was determined not to
relinquish, without an effort to retain them, the power and emoluments
of his position. The following narrative of the manner in which he
accomplished his purposes, has been furnished by a Mormon who was
residing in Salt Lake City at the time, and the employment of similar
appliances on more than one occasion afterward, gives the coloring of
truth to the story.
There were in Salt Lake City, at that time, two beautiful and
fascinating women, one of whom was by marriage nearly related to the
Prophet; the other was an actress in the church theatre. Their husbands
were both "on a mission." These ladies were a great deal in the society
of Col. Steptoe and his officers. Much attention was paid to the
military officers, and it would be but natural that these men should be
both pleased and flattered by the attention of sisters occupying so high
a place in the hierarchy. According to report, however, the character of
these women was not such as their exalted position in the church would
seem to require.
One evening Brigham called "the girls" to him, and explained that he had
a plan in which he needed their assistance. They at once consented to do
anything he might desire. The plan was soon agreed upon. He placed his
Danites at a convenient distance around the Colonel's office, and calmly
awaited developments. In a short time one of the "police" came to the
Prophet, and signified that it was time for him to appear on the field.
He went immediately down to the Colonel's office, which was on Main
Street, and knocked for admittance. For some time no one responded, but
the knocking continuing violently, Col. Steptoe asked who was there.
"Brigham Young," said the angry Prophet; "and I want to come in, and I
will come in." At this Steptoe opened the door, and Brigham entered the
front office. He seemed excited, and without being seated, asked if
Mary and Mrs. ---- were there; adding,--"I want the girls." Steptoe
denied their presence; but could a prophet be deceived? "I know better,"
said he; "I know they are here;" at the same time walking into the back
office. There, on the sofa, sat two young gentlemen dressed in the
highest style, but wearing their hats. Brigham advanced, lifted the hats
of the fancy gentlemen, and the ladies he was seeking sat before him. Of
course, the righteous indignation of the Prophet knew no bounds. He
threatened Steptoe with exposure and prosecution, and told him his life
would not be safe if the friends of the ladies came to hear of the
affair. He censured the girls, and told them to go home, and finally
calmed down, and left the office.
Steptoe was greatly alarmed, and, as a compromise, offered to recommend
Brigham for the appointment which had just been tendered to himself.
With ill-concealed satisfaction on the part of Brigham and his friends,
the proposition was accepted, and "the matter arranged."
Soon after, a petition was sent to the President, dated December 30,
1854, and asking for the reappointment of Young as Governor. This was
signed by Col. Steptoe and most of his officers, and by all the federal
officers then in Utah.
This array of gentile names was not to be disregarded, and Brigham Young
was reappointed Governor of Utah.
In 1854 John F. Kinney was appointed, by Franklin Pierce, Chief Justice
of Utah, and came to the valley with his family and a large stock of
goods the same year. He was known in Iowa as a "Jack Mormon," and
subsequent events have proven that he was such. He sold goods and kept a
boarding-house; and at once entered into favor with the Mormon
administration. He was pecuniarily interested in keeping the good-will
of his trading customers; and this fact, together with his undoubted
sympathy with the church, will satisfactorily account for the course
pursued by him in the complicated condition of the Territory.
It is not our purpose to detract from the merits of any one. We desire
to do justice to all. But the impartial truth of history requires us to
say that the uniform course of Judge Kinney has been to aid and abet
Brigham Young in his ambitious schemes, with but little regard to the
advancement of the interests of the whole country, or the requirements
of indiscriminate justice.
As to his merits as a jurist, the writer of these pages cannot undertake
to decide. But it would seem, to one uninitiated, that a Judge cannot be
very profound who will try, convict, and sentence men not within the
jurisdiction of his court, and even men not in the land of the living.
This was done by Judge Kinney, in the case of the
Morrisites,--dissenters or apostates from the Mormon Church.
In the spring of 1863 a large number of these men were tried, convicted,
and fined $100 each. Many of them were out of the Territory at the time,
and one was dead. This statement is fully substantiated by affidavits
which were taken at the time. Over ninety were tried and convicted,
about twenty of whom were out of the Territory, and one had died before
the trial commenced.
When the cases were called on for trial, it was stated that some of the
accused were absent. The Judge remarked, it made no difference; he was
gratified that so many had made their appearance, and directed the trial
to proceed. All were found guilty, and sentenced to pay a fine of $100
each, except a few of the leaders, who were sentenced to the
penitentiary,--one of them for fifteen years.
These men were accused of resisting the Mormon officers who came to
arrest them. Robert T. Burton, the sheriff of Salt Lake County, who was
the principal one thus "resisted," had shot Morris, their Prophet, in
cold blood, after he and his party had surrendered; and yet, while the
Morrisites were so severely punished, Burton went scot free. The grand
jury of Salt Lake County would not even find a bill of indictment
against him. Burton stands high in the community, and was afterwards
appointed Collector of Internal Revenue.
But this is not all. Not only were all of the accused tried and
convicted, but the bonds of those absent were declared _by the clerk_ to
be forfeited, and execution was issued against those resident in Utah,
to collect the penalty of the bonds. At the same time, _the records
showed no judgments against the delinquents_. One of these Morrisites,
named Abraham Taylor, found his property, worth $2500, suddenly levied
upon, under one of these executions. There being no gentile lawyer at
Salt Lake, he applied to Judge Waite, who investigated the matter, and
found there was no judgment of record. He then advised Mr. Taylor to
apply to Judge Kinney for an injunction against the officer. This was
done; but the application was refused by Judge K. _on the ground that if
there was no judgment he could render one, as the court had not
permanently adjourned, but only to meet on his own motion_. This
response to the application of a suitor is a sufficient indication of
the ability of Judge Kinney, and of his desire to administer impartial
justice.
The result of the whole matter was, that the homestead of Mr. Taylor was
sold under the execution, _to the clerk of Judge Kinney's court, for
$200_; the family of Taylor impoverished, and literally turned into the
street. After remaining out of doors, in front of the house, for a day
or two, they took refuge at the camp of Gen. Connor.
In his personal appearance Judge Kinney is pompous and conceited. He is
of the medium size, rather stout, with dark complexion. Brusque and
ready in conversation, and never declining to drink when invited, he is
well adapted to the country in which he resides, and is immensely
popular in the community in which he was placed "to administer the law,"
and which he now represents in Congress. He is an open apologist and
advocate of polygamy.
Mrs. Kinney is a sister of Judge Hall, of Iowa, and an accomplished
lady. She was utterly disgusted with Mormon society, and returned, with
her daughters, to the States.
Judge Kinney remained in Utah until 1856. In 1860 he was reappointed.
Thus he was absent from the Territory during all the exciting scenes of
1857-8 and 9, and returned after something like harmony had been
restored in the affairs of the Territory. He managed, however, by having
his leave of absence extended from time to time, to retain the office
and its emoluments until 1858. Since 1860 he has been back and forth,
spending about half his time in either portion of the country, but
retaining his position as Chief Justice, until elected to Congress in
1863.
Judge Stiles, who was appointed to succeed Snow, was assigned to the
third, or Carson District. He immediately proceeded to his district, and
held a term of court.
The present Territory of Nevada was included mostly in the third
judicial district, and much difficulty occurred between Mormons and the
miners in that section.
A full account of the proceedings which go to make up the history of
this part of Utah, will be found in a letter from the Hon. James M.
Crane to Hon. William Smith, published in 1859.
This letter is so complete and truthful in its statements, and presents
such a correct view of the character and tendencies of Mormonism, that
we insert it, nearly entire:--
"WASHINGTON, January 17, 1859.
"DEAR SIR,--
"As you may need some facts not reported at length in the
memorial and other documents, relating to the proposed
Territory of Nevada, I herewith submit them.
"The Mormons and Anti-Mormons began the settlement of Western
Utah in the latter part of 1854. The former, however,
succeeded, in 1855, in obtaining a numerical majority; and the
Legislature of Utah, on being informed of this fact, organized
the whole western part of the Territory, under the name of
Carson County, and Governor Young appointed Orson Hyde, the
President of the Quorum of Twelve Apostles, its Probate Judge.
Soon after the Judge arrived, adventurers from California, as
well as from the Atlantic States, settled in Carson and other
valleys on the eastern side of the Sierra Nevada, for the
purpose of mining, farming, and raising stock. As they
increased very fast, the Mormons became alarmed, and
determined to expel them.
"They therefore ordered them to leave the country. Of course
the Christians, or Anti-Mormons refused to do so. The Mormons
then assembled their forces, and attempted to expel them, _vi
et armis_. The Anti-Mormons also organized, and fortified
themselves, with a view of defending their lives and property
against their assailants.
"For two weeks their armies camped nearly in sight of each
other, without coming to a direct battle.
"By this time, news had reached the miners in California of
this state of affairs, and a large number had determined to
cross the mountains, and afford protection to the
Anti-Mormons. On hearing this, the Mormons became satisfied
that, unless they retraced their steps, they would be driven
themselves from the country, instead of the Anti-Mormons. They
therefore proposed a truce, and agreed that all should enjoy a
common heritage in that part of the Territory.
"The Mormons now became satisfied that the Christians not only
could, but would occupy these fertile valleys, on the ground
that they were the common property of the United States. When
the Legislature of Utah heard of this affair, that body, in
violation of every constitutional right, repealed the county
organization, recalled the Probate Judge, and removed all the
county and court records to Salt Lake City, where they have
ever since remained. Amongst these records were several
indictments against certain persons for high crimes and
misdemeanors. By this flagrant violation of all sacred,
individual, collective, and constitutional rights, the people
of Western Utah were not only denied all legal protection to
life and property, but they were disfranchised. They have ever
been unrepresented in the Legislature and in Congress. The
history of our country presents no such a record of open
defiance of law, and such cruelties to men under the form of
laws.
"For years the Anti-Mormons have been applying, both to the
Territorial Legislature and to Congress, for protection,
without success.
"Their situation has ever been, and still is, peculiarly
unsafe and annoying. Recently a Probate Judge was
surreptitiously appointed for Carson Valley, with a view of
reorganizing the county of Carson, and thus extend over the
people there the Mormon statutes of the Territory.
"The Judge, soon after he received his commission, undertook
to force on an election of county officers. Enough of the
Anti-Mormons, however, turned out, to defeat his purpose, by
the election of an opposite ticket, who, on being elected,
refused to qualify, because they were required to obey the
Mormon statutes. The Judge has been notified that if he
undertakes to enforce the Mormon statutes he will be
resisted,--peaceably if they can, forcibly if they must.
"They will not introduce, nor permit others to introduce among
them, the vices of that wicked, perverse, and adulterous
generation, who have so long wielded the sceptre of authority
in the Great Basin. They will not allow, with impunity, their
wives and daughters to be kidnapped, dishonored, and defiled;
nor submit to laws made by such a people, nor allow themselves
to be ruled by men who practise and uphold vices and crimes so
revolting to the moral sense of the world; and if the Mormons
persist in their present course, blood will flow.
"The only loyal people of Utah are oppressed, annoyed, and
scandalized, by a government intended by Congress to secure
them in their rights, and to protect them in their property;
and while the present Territorial organization exists, the
Mormons, who have control of the Legislature, will never 'let
up on the gentiles.'
"The only remedy for this unnatural war, now raging between
the Mormons and the Anti-Mormons in Utah, is to be found in
the immediate separation of these people under two distinct
governmental organizations. One thing is inevitable,--the
Mormons and Anti-Mormons will never, and can never live
together in peace, under one government. The conflicts which
took place between them in Ohio, Missouri, Illinois, and Iowa,
and which are now going on in Utah, ought to convince any
intelligent man of the justice and truth of this declaration.
Indeed, the Mormons themselves acknowledge it; and so long as
they adhere to their belief,--a belief founded upon their own
scriptures,--that an absolute theocracy is the only government
under which they can and should live, they never will be loyal
to our government and countrymen, and hence their hostility to
our institutions and people, and their inflexible devotion to
their own.
"In every State where the Mormons have lived, it has cost the
loyal people of the State thousands of dollars, as well as the
loss of many lives, to compel them to obey the laws. In every
instance they have resisted our laws, and in every State
necessity demanded their expulsion.
"In Utah, while they were charged with the administration of
the government and execution of the laws, they proved
themselves not only traitors to our people, but treacherous to
the government, and openly rebelled against them and defied
their authority, and it cost the Federal Government millions
to conquer them. They have still control of the Territory, and
they are inflexibly bent upon subduing the Anti-Mormons of
Western Utah; and if the latter are not separated from them,
and protected by law, it will require the expenditure of
millions more to restore order in Utah. Congress can count the
cost in this matter, while we will have the melancholy duty of
burying our dead. The people of Nevada will never be
conquered,--never be ruled by the Mormons. Come what will,
they will resist to the bitter end. They prefer death to
dishonor, and the government may choose which of these shall
be meted out to them.
"In addition to the above considerations, which should, I
believe, present conclusive and imposing evidence,
sufficiently satisfactory to induce Congress to organize the
Territory of Nevada, I may likewise mention others.
"While the people of Western Utah have, in the Mormons, open
and avowed enemies, they have likewise the savage tribes to
defend themselves against. Some of these tribes are professed
Mormons, while others are under their influence. Many
conflicts have taken place between the Christians and some of
these tribes, as well as between the emigrants, while crossing
the Plains to the North Pacific, and the aforesaid savages;
and there is no hope of establishing amicable relations with
these Indian tribes, until they are brought under other and
better relations with the Anti-Mormons of Utah. Peace does not
reign in Utah, and never will, under the present order of
things. . . . .
"When our common country shall call forth her sons to defend
her rights, the people of Nevada will come forth. They will be
ready and willing to meet the enemy, on the beach and on the
frontier, with a sword in one hand and a torch in the other.
They will dispute every inch of ground, burn every blade of
grass, and the last intrenchment of liberty will become their
graves, rather than permit a foreign enemy to contaminate the
soil of our country. Can this be said of the Mormons? I think
not. If we can protect our countrymen abroad, why should we
not, on our own soil?
"Very respectfully, yours,
"JAMES M. CRANE,
"_Delegate elect from Nevada_.
"To Hon. Wm. Smith."
* * * * *
"Having read the above statement of Judge Crane, delegate from
the proposed Territory of Nevada, I will state from my own
observation, having resided in the Territory of Utah for over
three years, for a portion of which time I was in Carson
Valley, that I heartily concur with him, and fully indorse his
statement in relation to the condition of things in Western
Utah, and seriously believe that the wants and necessities of
the people of that portion of the Territory demand its
immediate organization.
"GEORGE P. STILES,
"_Late Associate Justice for Utah_."
Nevada was erected into a Territory, and has made rapid and gigantic
strides in all the essentials of a high civilization. Her mines are
celebrated throughout the world, and she annually adds millions of
dollars to the circulation of the country.
Already are her valleys teeming with the life of the husbandman, and her
soil yielding up its rich harvests of golden grain, for the sustenance
of her brave and patriotic sons. She has sent several hundred men into
the field, and with unshaken loyalty stands ready to send more, if the
cause of her country calls,--thus literally fulfilling the promise of
Judge Crane made in the foregoing letter. Mark the contrast between
loyal and Christian Nevada, and disloyal and Mohammedan Utah! One
rushing on to a glorious and happy destiny, and the other falling
rapidly back into the habits and customs of heathen nations. The genius
of Liberty sits enthroned among the mountains of free Nevada, while
despotism of the most hideous character clanks her chains in Utah. May
the day of deliverance for the oppressed thousands of Utah soon dawn.
Then will she take her place among her sisters in the family of States,
and the hand of oppression be no more felt in all her fair borders.
When Brigham Young found that the gentile element was gaining ground
rapidly in Carson County, his Legislature attached it to Great Salt Lake
County, for judicial and other purposes. A large number of Mormons were
sent on to colonize, and if possible to retain, the fertile Valley of
Nevada. These missionaries were recalled in 1857, as well as many
others, who were settling in different parts of California.
Slowly and sullenly they relinquished their hold upon this rich and
prosperous portion of the Republic. It rapidly advanced in population,
and not only prospered as a Territory, as already mentioned, but has
lately been admitted as one of the States of the Union. The admission of
Nevada, carved out of Utah, while the mother Territory still remains out
in the cold, ought to be a sufficient hint that Congress and the people
of the United States are not yet prepared for the establishment in their
midst of a polygamic monarchy.
Judge Stiles returned to Salt Lake City, and there held several courts.
In the fall of 1856 a conflict arose, in regard to the jurisdiction of
the United States Marshal. Heretofore this officer had acted with the
Mormons, and all had passed off smoothly. But a real gentile was now
appointed, and this was the signal for Mormon opposition. The Mormons
claimed that the Territorial Marshal, instead of the United States
Marshal, should act in the United States courts when doing territorial
business. The United States Marshal contended that he should officiate
in all business transacted in the United States courts, whether sitting
as federal or territorial courts. Judge Stiles issued certain writs,
directed to the officer, which he found it impossible to serve. The
people, instigated by the Mormon leaders, refused to obey the precepts
of the court, and set at naught its authority, proclaiming that the
time had come when their laws, and none others, should be enforced in
Utah.
The question of jurisdiction was brought before the court, and James
Ferguson, Hosea Stout, and J. C. Little, Mormon lawyers, loudly demanded
that the Judge should decide in their favor. Ferguson, backed by an
armed mob, told Judge Stiles, in open court, that if he dared to decide
contrary to their wishes, he "would take him from the bench d--d quick";
that the boys were there to do it, and he, with others, by threats and
intimidations, finally compelled the Judge to adjourn his court.
Judge Stiles then appealed to Brigham Young, as Governor of the
Territory, to sustain him, and protect him in the discharge of his
duties. In reply, he was coolly told that "the courts had already cost
him [Brigham] too much trouble; that the boys had got their spunk up,
and he would not interfere." He advised him, "if he could not sustain
and enforce their [the United States] laws and institutions, the sooner
he adjourned his court the better."
These proceedings had a tendency to bring the Judge into disrepute with
the Mormons. Thomas Williams, a lawyer, had his office with Judge
Stiles, on Main Street. Williams, though a Mormon, was an independent
man, and had openly opposed Brigham on some question of politics. He had
also denounced some prominent murders, and was becoming obnoxious, and
even dangerous, to Brigham and his compeers. The Prophet once said to
Williams's father and mother: "If Tom don't behave himself better, and
stop causing me trouble, I must attend to him." Soon after, Williams
apostatized, and started for California, intending to remain, and send
back for his family. He met the fate of Babbitt. He was waylaid and
killed by "Indians" on the Plains. It is well understood at Salt Lake
that these were white Indians, and that Williams was put to death by
order of the church authorities.
The records of the United States District Courts were in Judge Stiles's
office. He, and Williams also, had a good many law books, which were
private property. Brigham asserted that the records were suffered to
"lie around loose," and suggested to the boys that they had better be
cared for. This was sufficient, and "the boys" proceeded to "'tend to
it." James Ferguson, Hiram B. Clawson, and several others, repaired to
the office of the Judge when he was absent, and stationing one of the
number to watch, they gathered up the records of the courts, first of
all, and conveyed them to a fire-and-burglar-proof-safe, belonging to
Young, and under the control of Clawson, who was his confidential clerk
and son-in-law.
Having deposited them safely, they returned, and taking some of the
Judge's papers, tore them in pieces, and scattered them over the floor,
and in the direction of an outhouse. About the same time a large number
of the law books found their way into the houses of certain Mormon
lawyers, where they have ever since remained. They then took some of the
books from the office, and placed them in the outhouse, set fire to the
building, and burned it to the ground.
When Judge Stiles returned he found the office robbed, and the books and
papers, as he supposed, burned.
Thus all business was suspended, and the records of the United States
Courts and government property burned and stolen from the custody of the
legal authorities.
Judge Stiles left Utah in the spring of 1857, and when in Washington,
made affidavit to the foregoing facts. It may be well here to state that
Judge S. was entirely conscientious in making his affidavit, and the
prevailing impression in the community was that the records had been
destroyed.
In the summer of 1855 W. W. Drummond, of Illinois, arrived in Utah, as
Associate Justice of the Supreme Court. The Mormons allege that he
deserted his wife, and brought with him a mistress. This caused much
righteous indignation among the saints! The Judge also professed to be
a warm friend and advocate of Senator Douglas, whom the Mormons hate.
When Drummond was about to hold court, he intimated that he would set
aside all judgments rendered by probate Judges, and annul all their
proceedings, except such as pertained to the usual and legitimate
business of the probate courts. Here was a direct issue, and a conflict
was inevitable.
The court being about to be held in Fillmore, a Jew was hired for $25 to
quarrel with Drummond. As a part of the programme, also, he was to
strike the Judge. The Jew played his part, except the blow, which, for
want of opportunity or courage, was omitted. Instead of this he sent to
the Judge an insulting message, by the hands of a colored "boy"
belonging to Drummond. The boy was sent back with a raw hide, and
instructions to "lay on" the same to the back of the Israelite, which
Cuffy obeyed with much spirit. Complaint was made by the Jew to a local
magistrate. A warrant was issued, and Drummond and his negro were both
arrested.
The result of this _émeute_ was a sort of compromise, in which it was
understood that the Judge should not interfere with the probate courts,
and he was set at liberty.
After adjourning his court at Fillmore, Drummond located in Utah County
in the winter of 1856. The following summer he went to Carson to hold
court for Judge Stiles. Thence he proceeded to California and to the
States, and as the Mormons allege "contributed largely to the getting up
of Buchanan's crusade."
CHAPTER IV.
POLITICAL HISTORY CONTINUED.--THE MORMON WAR.
Report of the Secretary of War.--Proclamation of Gov. Brigham
Young declaring Martial Law.--Correspondence.--Sermons of
Young and Kimball.--Proclamation of Gov. Cumming.--His Echo
Canyon Adventures.--Col. Kane.--The Mormons leave Salt Lake.--
Commissioners appointed by the President.--Peace restored.
By these and similar outrages the Mormons had succeeded in ridding
themselves of all the federal authorities, and were really in open
rebellion against the Federal Government.
As Congress was not in session, the matter was taken in hand by Floyd,
Secretary of War, and President Buchanan.
After due consultation it was deemed advisable to appoint new men to all
the civil offices of the Territory, and to accompany them with a
military force sufficient for their protection and the enforcement of
the laws. Accordingly, President Buchanan, during the summer of 1857,
made the following appointments for Utah:--Governor, A. Cumming; Chief
Justice, D. R. Eckels; Associate Justices, John Cradlebaugh and Charles
E. Sinclair; Secretary, John Hartnett.
An army of about 3000 men was armed and equipped, and ordered to march
for Utah, early in the fall of 1857.
Brevet Brigadier-General W. S. Harney was originally named as commander
of this force, but it was subsequently deemed inadvisable to detach that
officer from the special duties of his department in Kansas, and the
troops sent to Utah were placed under the orders of Col. A. S. Johnson.
The Secretary of War, in his report, dated December 5, 1857, says:--
"The Territory of Utah is peopled almost exclusively by the
religious sect known as Mormons. . . . They have substituted
for the laws of the land a theocracy, having for its head an
individual whom they profess to believe a prophet of God.
"This Prophet demands obedience, and receives it implicitly
from his people, in virtue of what he assures them to be
authority derived from revelations received by him from
Heaven. Whenever he finds it convenient to exercise any
special command, these opportune revelations of a higher law
come to his aid. From his decrees there is no appeal; against
his will there is no resistance. . . .
"From the first hour they fixed themselves in that remote and
almost inaccessible region of our territory, from which they
are now sending defiance to the sovereign power, their whole
plan has been to prepare for a successful secession from the
authority of the United States, and a permanent establishment
of their own. . . .
"This Mormon brotherhood has scarcely preserved the semblance
of obedience to the authority of the United States for some
years past; not at all indeed, except as it might confer some
direct benefit upon themselves, or contribute to circulate
public money in their community. . . . I need not here recite
the many instances in their conduct and history on which these
general allegations are founded, especially the conduct they
have adopted within the last twelve months towards the civil
authorities of the United States.
"It has, nevertheless, always been the policy and desire of
the Federal Government to avoid collision with this Mormon
community. It has borne with the insubordination they have
exhibited, under circumstances when respect for its own
authority has frequently counselled harsh measures of
discipline. And this forbearance might still be prolonged, and
the evils rife among them be allowed to work out their own
cure, if this community occupied any other theatre, isolated
and remote from the seats of civilization, than the one they
now possess.
"But, unfortunately for these views, their settlements lie in
the great pathway which leads from the Atlantic States to the
new and flourishing communities growing up upon the Pacific
seaboard. They stand a lion in the path; not only themselves
defying the civil and military authorities of the government,
but encouraging, if not exciting, the nomad savages who roam
over the vast, unoccupied regions of the continent, to the
pillage and massacre of peaceful and helpless emigrant
families traversing the solitudes of the wilderness. The rapid
settlement of our Pacific possessions; the rights, in those
regions, of emigrants, unable to afford the heavy expenses of
transit by water and the Isthmus; the facility and safety of
military, political, and social intercommunication between our
eastern and western populations and States,--all depend upon
the prompt, absolute, and thorough removal of a hostile power
besetting this path, midway of its route, at a point where
succor and provisions should always be found, rather than
obstruction, privation, and outrage. . . .
"From all the circumstances surrounding this subject at the
time, it was thought expedient, during the past summer, to
send a body of troops to Utah, with the civil officers
recently appointed to that Territory. . . . Great care has been
taken, in preparing for the march to Utah, that nothing should
seem to excite apprehension of any action on the part of the
army in the least conflicting with the fixed principle of our
institutions, by which the military is strictly subordinate to
the civil authority. The instructions of the commanding
officer were deliberately considered, and carefully drawn, and
he was charged not to allow any conflict to take place between
the troops and the people of the Territory, except only in
case he should be called upon by the Governor for soldiers to
act as a _posse comitatus_ in enforcing obedience to the laws.
"In conformity with this sentiment, and to assure these people
of the real intention of the movement, an active, discreet
officer was sent in advance of the army to Utah, for the
purpose of purchasing provisions for it, and of assuring the
people of the Territory of the peaceful intentions of the
Government. This officer found, upon entering the Territory,
that these deluded people had already, in advance of his
arrival, or of any information, except as to the march of the
column, determined to resist their approach, and prevent, if
possible, and by force, the entrance of the army into the
Valley of Salt Lake. Supplies of every sort were refused him.
"The day after his departure from the city, on his way back,
Brigham issued his Proclamation, substantially declaring war
against the United States, and at the same time putting the
Territory under martial law."
The following is a copy of this celebrated document:--
"PROCLAMATION
"OF GOVERNOR BRIGHAM YOUNG.
"_Citizens of Utah_,--We are invaded by a hostile force, who
are evidently assailing us to accomplish our overthrow and
destruction. For the last twenty-five years we have trusted
officials of the Government, from constables and justices, to
judges, governors, and presidents, only to be scorned, held in
derision, insulted, and betrayed. Our houses have been
plundered and then burned, our fields laid waste, our
principal men butchered, while under the pledged faith of the
Government for their safety; and our families driven from
their homes, to find that shelter in the barren wilderness,
and that protection among hostile savages, which were denied
them in the boasted abodes of Christianity and civilization.
"The Constitution of our common country guarantees unto us all
that we do now, or have ever claimed. If the constitutional
rights which pertain unto us as American citizens were
extended to Utah, according to the spirit and meaning thereof,
and fairly and impartially administered, it is all that we
could ask,--all that we have ever asked.
"Our opponents have availed themselves of prejudice existing
against us, because of our religious faith, to send out a
formidable host to accomplish our destruction. We have had no
privilege or opportunity of defending ourselves from the
false, foul, and unjust aspersions against us, before the
nation.
"The Government has not condescended to cause an investigating
committee, or other persons, to be sent to inquire and
ascertain the truth, as is customary in such cases. We know
those aspersions to be false, but that avails us nothing. We
are condemned unheard, and forced to an issue with an armed,
mercenary mob, which has been sent against us at the
instigation of anonymous letter-writers, ashamed to father the
base, slanderous falsehoods which they have given to the
public; of corrupt officials, who have brought false
accusations against us, to screen themselves in their own
infamy; and of hireling priests and howling editors, who
prostitute the truth for filthy lucre's sake.
"The issue which has thus been forced upon us compels us to
resort to the first great law of self-preservation, and stand
in our own self-defence,--a right guaranteed to us by the
genius of the institutions of our country, and upon which the
Government is based. Our duty to ourselves--to our
families--requires us not to tamely submit to be driven and
slain, without an attempt to preserve ourselves. Our duty to
our country--our holy religion--our God--to freedom and
liberty, requires that we should not quietly stand still, and
see those fetters forging around us, which are calculated to
enslave and bring us in subjection to an unlawful military
despotism, such as can only emanate, in a country of
constitutional law, from usurpation, tyranny, and oppression.
"Therefore, I, Brigham Young, Governor and Superintendent of
Indian Affairs for the Territory of Utah, in the name of the
people of the United States in the Territory of Utah,
forbid,--
"_First._ All armed forces, of whatever description, from
coming into this Territory, under any pretence whatever.
"_Second._ That all the forces in said Territory hold
themselves in readiness to march at a moment's notice, to
repel any and all such invasion.
"_Third._ Martial law is hereby declared to exist in this
Territory, from and after the publication of this
proclamation; and no person shall be allowed to pass or
repass, into, or through, or from this Territory, without a
permit from the proper officer.
"Given under my hand and seal, at Great Salt Lake City,
Territory of Utah, this fifteenth day of September, A. D.
eighteen hundred and fifty-seven, and of the Independence of
the United States of America the eighty-second.
"BRIGHAM YOUNG."
This proclamation was forwarded to the commander of the United States
forces, then on the Plains. It was accompanied by the following
letter:--
"FORT BRIDGER, September 3, 1857.
"SIR,--I have the honor to forward you the accompanying letter
from his Excellency Governor Young, together with two copies
of his proclamation, and a copy of the Laws of Utah, 185,
chap. 7, containing the Organic Act of the Territory.
"It may be proper to add, that I am here to aid in carrying
out the instructions of Governor Young. General Robinson will
deliver these papers to you, and receive such communication as
you may wish to make.
"Trusting that your answer and action will be dictated by a
proper respect for the rights and liberties of American
citizens, I remain,
"Very respectfully,
"DANIEL H. WELLS,
"_Lieut.-General commanding Nauvoo Legion_."
"GOVERNOR'S OFFICE, UTAH TERRITORY,
GREAT SALT LAKE CITY, September 29, 1857.
"Sir,--By reference to the Act of Congress, passed September
9, 1850, organizing the Territory of Utah, published in a copy
of the Laws of Utah, herewith, p. 146, chap. 7, you will find
the following:--
"'SEC. 2. _And be it further enacted_, That the
executive power in and over said Territory of Utah
shall be vested in a governor, who shall hold his
office for four years, _and until his successor
shall be appointed and qualified_, unless sooner
removed by the President of the United States. The
governor shall reside within said Territory, shall
be commander-in-chief of the militia thereof,' &c.,
&c.
"I am still the Governor and Superintendent of Indian Affairs
for this Territory, no successor having been appointed and
qualified, as provided by law, nor have I been removed by the
President of the United States.
"By virtue of the authority thus vested in me, I have issued
and forwarded you a copy of my proclamation, forbidding the
entrance of armed forces into this Territory. This you have
disregarded. I now further direct that you retire forthwith
from the Territory by the same route you entered. Should you
deem this impracticable, and prefer to remain until spring in
the vicinity of your present encampment, Black Fork, or Green
River, you can do so in peace, and unmolested, on condition
that you deposit your arms and ammunition with Lewis Robinson,
Quartermaster-General of the Territory, and leave in the
spring, as soon as the condition of the roads will permit you
to march. And should you fall short of provisions, they can be
furnished you by making the proper applications therefor.
"Gen. D. H. Wells will forward this, and receive any
communications you may have to make.
"Very respectfully,
"BRIGHAM YOUNG;
"_Governor and Superintendent of
Indian Affairs, Utah Territory_
"To the Officer commanding the Forces
now invading Utah Territory."
The legitimate result of this violent and treasonable proclamation, as
might be supposed, was to incite the people to revenge and bloodshed.
Every man who could bear arms was at once taken from his usual avocation
and trained in the art of war. Clothing was at this time very scarce, as
no trains of goods had arrived from the States. The "sisters" were
called upon to make up every article which they could possibly spare
into uniforms for the troops. Accordingly the "brethren" appeared
arrayed in pieces of bed-quilts, carpets, and old clo' made over, and
presented to the eye as motley and miserable a crew as those of "the
right valiant Sir John Falstaff." If we look at the leaders of these
classical armies, however, the parallel fails. The chivalric Jack had at
least the courage to march at the head of his soldiers; while Brigham,
who acknowledges himself to be a natural coward, preferred to remain
snugly ensconced among his numerous wives and children. The Lion of the
Lord, though seemingly aroused, only shook himself and roared loudly
several times. He then quietly lay down, and remained thenceforth
_couchant_ during the war. With all the assurance and assumption of
Joseph Smith, he lacked his personal courage and manly daring.
But the rank and file of these "warriors of the Lord" lacked neither
courage nor enthusiasm. Their Zion was threatened,--their institutions
in danger,--and with the fire of revenge burning in their hearts, at the
remembrance of former injuries, they rushed forth, to conquer or to die.
Many joined their brethren in Echo Canyon, without even shoes to their
feet, wading through snows several feet deep. Such devotion and heroism
were worthy of a better cause.
The feeling and determination of the people cannot be better expressed
than by extracts from the sermons of their leaders at this critical
period.
Sunday morning, September 16, 1857, Brigham Young, in his public
discourse, said:--
"This people are free; they are not in bondage to any
government on God's footstool. We have transgressed no law,
and we have no occasion to do so, neither do we intend; but as
for any nation's coming to destroy this people, God Almighty
being my helper, they cannot come here. [The congregation
responded a loud 'Amen.'] . . .
"We have borne enough of their oppression and hellish abuse,
and we will not bear any more of it, for there is no just law
requiring further forbearance on our part. And I am not going
to have troops here to protect the priests and hellish rabble
in efforts to drive us from the land we possess; for the Lord
does not want us to be driven, and has said, 'If you will
assert your rights, and keep my commandments, you shall never
again be brought into bondage by your enemies.' . . .
"They say that their army is legal; and I say that such a
statement is as false as hell, and that they are as rotten as
an old pumpkin that has been frozen seven times, and then
melted in a harvest sun. Come on with your thousands of
illegally ordered troops, and I will promise you, in the name
of Israel's God, that you shall melt away as the snow before a
July sun. . . .
"You might as well tell me that you can make hell into a
powder-house, as to tell me that you could let an army in
here, and have peace; and I intend to tell them, and show them
this, if they do not stay away. . . . And I say our enemies
shall not slip the bow on old 'Bright's neck' again. God bless
you. Amen."
In the afternoon of the same day, the "lion" again roars, as follows:--
"There cannot be a more damnable, dastardly order issued, than
was issued by the Administration to this people, while they
were in an Indian country in 1846. Before we left Nauvoo, not
less than two United States Senators came to receive a pledge
from us that we would leave the United States; and then, while
we were doing our best to leave their borders, the poor, low,
degraded curses sent a requisition for five hundred men to go
and fight their battles! That was President Polk; and he is
now weltering in hell, with old Zachary Taylor, where the
present Administration will soon be, if they do not repent.
"Liars have reported that this people have committed treason,
and upon their lies the President has ordered out troops to
aid in officering this Territory; and if those officers are
like many who have previously been sent here,--and we have
reason to believe that they are, or they would not come where
they know they are not wanted,--they are poor, miserable
blacklegs, broken down political hacks, robbers and
whoremongers; men that are not fit for civilized society; so
they must dragoon them upon us for officers. I feel that I
won't bear such cursed treatment, and that is enough to
say,--for we are just as free as the mountain air. . .
"I have told you that if this people will live their religion,
all will be well; and I have told you that if there is any man
or woman who is not willing to destroy anything or everything
of their property that would be of use to an enemy if left, I
wanted them to go out of the Territory. And I again say so
to-day; for when the time comes to burn and lay waste our
improvements, if any man undertakes to shield his, he will be
sheared down; for 'judgment will be laid to the line, and
righteousness to the plummet.'
"Now, the faint-hearted can go in peace; but should that time
come, they must not interfere. Before I will suffer what I
have in times gone by, there shall not be one building, nor
one foot of lumber, nor a stick, nor a tree, nor a particle of
grass or hay that will burn, left in reach of our enemies. I
am sworn, if driven to extremity, to utterly lay waste, in the
name of Israel's God."
On the same subject, Heber C. Kimball, first counsellor to Brigham, used
the following language:--
"Is there a collision between us and the United States? No; we
have not collashed; that is the word that sounds nearest to
what I mean. But now the thread is cut between them and us,
and we will never gybe again,--no, never, worlds without end.
[Voices, 'Amen.'] . . .
"Do as you are told, and Brigham Young will never leave the
governorship of this Territory, from this time henceforth and
forever. No, never. And there shall no wicked Judge with his
w---- ever sit in our courts again; for all who are against
Israel are an abomination to me and to our God.
"The spirit that is upon me this morning is the Spirit of the
Lord, that is, the Holy Ghost,--though some of you may think
that the Holy Ghost is never cheerful. Well, let me tell you,
the Holy Ghost is a man; he is one of the sons of our Father
and our God, and he is that man that stood next to Jesus
Christ,--just as I stand by brother Brigham. . . . You think
our Father and our God is not a lively, sociable, and cheerful
man; he is one of the most lively men that ever lived. . . .
Brother Brigham is my leader, he is my Prophet and my Seer, my
Revelator; and whatever he says, that is for me to do, and it
is not for me to question him one word, nor to question God a
minute."[49:A]
Many sermons were delivered, composed, throughout, of such material as
the foregoing extracts. The genius of Mormonism is here fully
displayed,--implicit obedience to their leaders, and especially to the
teachings of Brigham Young. The people were commanded to be ready to
leave their homes at an hour's notice, and flee to the mountains,--and
this too, as the snows of winter were falling around them. They were
commanded to have the torch ready to set fire to their dwellings, and
the axe to cut down all their fruit-trees; and they were ready to obey!
The question naturally presents itself, Can blind faith and fanaticism
thus lead and control a whole community? That some should be thus
blindly infatuated, is not strange; but that a whole community should
thus lose their reason, and be willing to beggar themselves and
families, in obedience to the call of their leader, is almost beyond
belief.
It is safe to say, had the Mormons been left free to choose, at least
one half would have remained at home, and even welcomed the troops into
the city.
But the fiat of despotism had gone forth. "When the time comes to burn
and lay waste our improvements, if any man undertakes to shield his, he
will be sheared down; for 'judgment will be laid to the line, and
righteousness to the plummet.'" This means, in plain English, that any
man who refused to obey Young should be put to death; and the people
well understood it. As it was certain death to resist his will, they
vied with each other in seeming to render a willing obedience to a
tyrant whom many hated, and all feared.
They fortified Echo Canyon, a narrow pass, about eighteen miles in
length, eastward from the city. Piles of huge stones were heaped up
along the borders of the precipices, ready to be dashed against the
troops, as they should essay to pass the gorge. Intrenchments were
thrown up, and such other warlike preparations made as their facilities
afforded.
The United States troops had entered the Territory of Utah, and were
encamped in Green River County, near Fort Bridger, a distance of 118
miles from Salt Lake City. From this place Governor Cumming issued the
following proclamation:--
"GREEN RIVER COUNTY, near Fort Bridger, }
UTAH TERRITORY, 21st November, 1857. }
"_To the People of Utah Territory_:--
"On the 11th day of July, 1857, the President appointed me to
preside over the executive department of the government of
this Territory. I arrived at this point on the 17th of this
month, and shall probably be detained some time, in
consequence of the loss of animals during the recent
snow-storm. I will proceed at this point to make the
preliminary arrangements for the temporary organization of the
territorial government. Many treasonable acts of violence have
recently been committed by lawless individuals, supposed to
have been commanded by the late executive. Such persons are in
a state of rebellion.
"Proceedings will be instituted against them in a court
organized by Chief Justice Eckels, held in this county, which
court will supersede the necessity of appointing military
commissions for the trial of such offenders.
"It is my duty to enforce unconditional obedience to the
Constitution, and the organic law of this Territory, and to
all the other laws of Congress applicable to you.
"To enable me to effect this object, I will, in the event of
resistance, rely first upon a _posse comitatus_ of the
well-disposed portion of the inhabitants of this Territory,
and will only resort to a military _posse_ in case of
necessity. I trust this necessity will not occur. I have come
among you with no prejudices or enmities; and by the exercise
of a just and firm administration I hope to command your
confidence.
"Freedom of conscience, and the use of your own peculiar mode
of serving God, are sacred rights, the exercise of which is
guaranteed by the Constitution, and with which it is not the
province of the Government or the disposition of its
representatives in this Territory to interfere. In virtue of
my authority as commander-in-chief of the military of this
Territory, I hereby command all armed bodies of individuals,
by whomsoever organized, to disband, and return to their
respective homes.
"The penalty of disobedience to this command will subject the
offenders to the punishment due to traitors.
"A. CUMMING,
"_Governor of Utah Territory_."
During this time the Mormon troops were busy stealing stock, burning
supply-trains, and in every way weakening and embarrassing the United
States forces. Being familiar with the country, they had greatly the
advantage; and could break suddenly upon a herding party, from some side
canyon, capture their stock, and before the alarm could be given, be
safely ensconced in their own quarters. Much valuable stock was acquired
in this way.
"Forts Bridger and Supply were vacated and burned down. Orders
were issued by Daniel H. Wells (Lieut.-General Nauvoo Legion,)
to stampede the animals of the United States troops on their
march, to set fire to their trains, to burn the grass and the
whole country before them and on their flanks, to keep them
from sleeping by night surprises, and to block the roads by
felling trees, and destroying the fords of rivers.
"On the 4th of October, 1857, the Mormons, under Capt. Lot
Smith, captured and burned, on Green River, three of our
supply trains, consisting of seventy-five wagons, loaded with
provisions and tents for the army, and carried away several
hundred animals."
Late in the fall of 1857 "the Army of Utah" arrived at Bridger, and made
an encampment, which was called Camp Scott.
As the winter was severe, and the snow very deep, little progress was
made by the army in quelling the Mormon rebellion, while much suffering
was endured by the soldiers. Some time during the winter of 1857-58 Col.
Kane set out for Utah, to ascertain, if possible, the exact state of
affairs in that Territory. He was not sent as the agent of the
Government, as is generally supposed, but his mission was approved by
President Buchanan, and the War Department. He went _incognito_, and by
the southern route, and arrived in Utah in the month of January. He was
accompanied by a servant only, and while on the desert to the south of
Salt Lake City, was taken sick, and came near losing his life. Amasa
Lyman and others were out exploring, with a view of ascertaining whether
the Mormons could be attacked from the south. They found Col. Kane and
his man on the desert. Lyman took him into his carriage, "laid hands on
him, and administered unto him." Kane still remained unknown to him, but
told him that he had business of importance to transact at Salt
Lake,--important both to the Mormons and to the nation. He was
immediately taken to Salt Lake, where, for the first time, he made known
his business and his name.
Brigham was agreeably surprised to find an old friend and _quasi_ Mormon
in his guest, and of course treated him with the greatest consideration.
It was well understood at Salt Lake that Col. Kane was baptized by the
Elders some years before, while on a tour of exploration to the Rocky
Mountains.[52:A] How much of Mormonism he imbibed is not known, but
certain it is, that the saints rely on his aid and influence, under all
circumstances.
The negotiations were of the most friendly character, and Kane proceeded
soon after, in his character as pacificator, to the "Head-quarters of
the Army of Utah," at Fort Bridger. He was escorted by Porter Rockwell,
and Daniel Kimball past the limits of the Mormon camp. He held
interviews with the officers of the army and with Governor Cumming, and
succeeded in inducing the Governor to accompany him to Salt Lake.
Of this journey Governor Cumming says:--
"I left camp on the 5th, _en route_ for this city, accompanied
by Col. Kane, as guide, and two servants. . . . I was escorted
from Bear River Valley to the western end of Echo Canyon,--the
journey through the canyon being performed, for the most part,
in the night; it was about eleven o'clock when I arrived at
Weber Station.
"I have been everywhere recognized as the Governor of Utah,
and, so far from having encountered insults and indignities, I
am gratified in being able to state that, in passing through
the settlements, I have been universally greeted with such
respectful attentions as are due to the representative of the
executive authority of the United States. . . .
"When it was arranged with the Mormon officer in command of my
escort that I should pass through Echo Canyon in the night, I
inferred that it was with the object of concealing the
barricades and other defences. I was therefore agreeably
surprised by an illumination in honor to me. The bonfires
kindled by the soldiers, from the base to the summit of the
hills, completely illuminated the valley, and disclosed the
snow-covered mountains which surrounded us."
The following is the Mormon account of the _entrée_ of Governor Cumming
into the Valley of Salt Lake, and may go to explain to him why the
journey was made through Echo Canyon in the night.
Upon entering the Mormon lines they were rejoined by Rockwell and
Kimball, who commanded the Governor's escort to Salt Lake City. Echo
Canyon is a narrow pass, about eighteen miles in length, and commands
the entrance to Salt Lake Valley from the east. The Mormons had
fortified this canyon at several points. They also had four camps, or
places of rendezvous, at convenient distances. Upon arriving at Cache
Cave, the first "post," the party of the Governor came to a halt. His
Excellency was escorted into camp with due honor, and an ox was slain to
celebrate the occasion. After partaking of a sumptuous repast, the
troops were ordered out for the Governor to review. About 150 men were
"drawn up," and after the review, the Governor "made a speech." He
complimented "the boys" on their order, discipline, and skill.
Col. Kimball then proceeded to read various orders to the troops.
Various imaginary companies were ordered to relieve various other
imaginary companies. Several new posts were ordered to be established,
and others abandoned. Meanwhile, the Governor, _not to be deceived_, was
noting down the different companies as they were called. This done, they
again took the road. It was now about sundown; and as they passed the
stations, the troops were arranged on each side of the road, to salute
the Governor, and be reviewed by him. Everything passed off smoothly
until they reached the third station, when it suddenly occurred to Col.
Kimball that the pickets at that post had not been apprised of their
coming. He remarked, on nearing the camp, that "he saw no pickets, and
he guessed the boys were in ambush." He therefore mounted a horse, and
telling the driver to be sure and "halt" as soon as he heard the word,
rode off. In a moment more, the guard shouted, "Halt! who goes
there?"--and before a reply could be given, the crack of a rifle was
heard. The Governor, trembling with fright, cried out, "I am your
friend, the Governor of Utah; don't fire, boys; for God's sake, don't
fire!" "I know nothing about Governors, nor anybody else," replied the
picket; "I must do my duty. This way, Sergeant of the Guard." By this
time quite a company rode up, and, as the Governor supposed, he was
about to be taken prisoner. Col. Kimball now appeared, explained the
whole matter, and relieved his Excellency from his embarrassing
position. But the Governor was entirely innocent of the joke, and
believes, to this day, that he had a hair-breadth escape.
They then passed on to the mouth of Echo Canyon, where the troops were
again reviewed; and as the party bivouacked for the night, hundreds of
camp-fires gleamed along the rugged sides of the canyon, furnishing
incontestable evidence of the great number of the Mormon soldiers. There
were at this time about 150 men, all told, in the canyon, and _these the
Governor had reviewed at every station_.
The next morning the Governor proceeded on his journey, prepared to
assert that the Mormons had from two to three thousand men under arms in
and near Echo Canyon. When the company arrived at Sessions, ten miles
from Salt Lake City, they were met by a large concourse of citizen
soldiery, preceded by a band of music, accompanied by the roaring of
cannon. The Echo Canyon boys were also there, to see the fun. The
Governor was quite bewildered by all this parade, and made up his mind
that the Mormons were very numerous, and both ready and willing to "wipe
out" the handful of Government soldiers, whenever they could get
permission from their leader.
Upon arriving at the "Holy City," the best lodgings and the best brandy
were provided for his Excellency. Brigham called in due time, and paid
his compliments; invited Governor Cumming to his office, and tendered to
him "the hospitalities of the city." Governor Cumming was delighted, and
in a few days called at the office of Governor Young. This wily
personage put on one of his blandest smiles, resigned his office of
Governor, turned over the papers and documents of the office to his
legal successor, and, to crown all, produced the _records of the
courts_, in the highest state of preservation.
Governor Cumming was perfectly amazed. Was it possible his eyes did not
deceive him? Were these the veritable records about which so much had
been said? They were; and the Mormons had been belied, and the
Government deceived. He immediately wrote to the President and to Col.
Johnson, and explained how matters stood.
The gifted and accomplished Col. Kane was the bearer of these documents
to his venerable friend James Buchanan, who read with delight these
"signs of repentance" on the part of his dear children, and immediately
commenced writing their pardon.
It has been supposed by many that Col. Kane was, at that time, acting as
the agent of the United States Government. But the following extract
from a letter to him, written by President Buchanan, dated December 31,
1857, will at once determine the position which the Colonel occupied:--
"MY DEAR SIR,--You furnish the strongest evidence of your
desire to serve the Mormons, by abandoning the comforts of
friends, family, and home, and voluntarily encountering the
perils and dangers of a journey to Utah, at the present
inclement season of the year, at your own expense, and without
official position. . . . 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."
While the President was penning his proclamation of pardon, the Mormons
were leaving their property and homes, and taking up their line of march
for the South. Governor Cumming was unable to control the movements of
Col. Johnson, who was acting under instructions from the Secretary of
War. Hence Cumming could not save to Brigham, however much he might feel
disposed to do so, the humiliation of seeing the streets of the city
filled with the federal soldiers, against whom he had been hurling his
anathemas. Finding this catastrophe could not possibly be averted, he
promulgated an order, purporting to emanate from the Almighty,
commanding the people to leave their homes and start for the South. This
order was prompted partly by the fact that the "President of the Church"
was committed to this course by his repeated declarations, and partly
by the wish on his part to test his power over "this people." It was
readily and implicitly obeyed by his deluded followers. They knew not
where they were going. Many believed they were destined for Sonora. They
only knew the Prophet of the Lord had spoken, and they must obey.
On the 6th of April, 1858, their long trains moved southward, taking
with them their household goods, and provisions for the journey.
Brigham, Heber, and the principal men, also removed their families from
their comfortable homes, again to encounter the toils and privations
incident to life on the Plains. They went to Provo, 50 miles from the
city, and there halted. The snow was still on the ground, and the
pilgrims suffered much from the inclemency of the weather.
On the 12th of April, Mr. Buchanan appointed L. W. Powell, of Kentucky,
and Ben McCulloch, of Texas, Commissioners to Utah, and by them sent on
his proclamation of pardon. They reached Salt Lake on the 7th of June,
and immediately made known their business to the Mormon authorities.
They were instructed to say to the Mormons, in the language of the
proclamation, "If you obey the laws, keep the peace, and respect the
just rights of others, you will be perfectly secure, and may live in
your present faith, or change it for another at your pleasure. Every
intelligent man among you knows very well that the Government has never,
directly or indirectly, sought to molest you in your worship, to control
you in your ecclesiastical affairs, or even to influence you in your
religious opinions."
The following extracts from the report of the Commissioners will serve
to show the result of their mission:--
"We stated that we wished a free conference with them, and
were ready to hear what they had to say. Ex-Governor Brigham
Young, Lieut.-Governor Wells, and others, spoke. They
expressed their gratification that the President had sent
commissioners to Utah. They stated that they were attached to
the Constitution and the Government of the United States; they
spoke harshly of many of the officials who had held office in
the Territory; they spoke of the wrongs and injuries hitherto
done them; they said they desired to live in peace, under the
Constitution of the United States. They denied that they had
ever driven any officials from Utah, or prevented any civil
officer from entering the Territory. They admitted that they
burned the army trains, and drove off the cattle from the army
last fall, and for that act they accepted the President's
pardon. All the charges that had been made against them,
except the one last named, they denied. . . . We are pleased
to state that the conference resulted in their agreeing to
receive, quietly and peaceably, all the civil officers of the
Government, and not to resist them in the execution of the
duties of their offices; and to yield obedience to the
authorities and laws of the United States.
"That they would offer no resistance to the army; that the
officers of the army would not be resisted in the execution of
their orders within the Territory. In short, they agreed that
the officers, civil and military, of the United States, should
enter the Territory without resistance, and exercise,
peaceably and unmolested, all the functions of their various
offices."
The Mormons, on their part, stipulated that the army should not be
encamped within forty miles of the city; that they should protect
private property; that they should march directly through the city,
without halting; and should not encamp until they crossed the Jordan.
These conditions were substantially complied with. "On the 26th of June
General Johnson marched the army under his command through Salt Lake
City, and encamped on the banks of the river Jordan, just without the
city limits. The place selected for a permanent camp was in Cedar
Valley, about forty miles south of Great Salt Lake City, and known as
Camp Floyd, now Fort Crittenden."
On the 5th of July, 1858, the Mormon refugees received orders to return
to their homes. With joy and alacrity they prepared to obey the welcome
summons.
Governor Cumming had frequently urged them to return, without avail. But
when the "mighty man of God" sent forth his mandate, each man sprang to
his feet as if by magic, rushed to his teams, and before the morning
sun gilded the eastern hills, "the faithful" were again returning to
their Mecca.
A company of United States troops were stationed on what was called "the
Dug Out," to prevent collision with the Mormons on their return to Salt
Lake. The officer commanding related to me the following incident:--
"I witnessed the most extreme destitution among the returning
emigrants. I saw a number of women cooking around a camp-fire,
and their clothing was extremely scanty. The supply of a
family of fourteen persons could have been compressed into a
small-sized trunk. One evening I saw two or three women
cooking supper, and observing that they had neither tea nor
coffee, I questioned them, and they replied they had had none
for two or three years. At this time, according to report, it
took a four-mule team to draw the Prophet's gold and silver,
besides some that went in other conveyances."
The saints again entered into possession of their deserted homes, and
began, as well as the lateness of the season would permit, to cultivate
their farms and gardens.
Thus ended this crusade against the modern Mohammed and his followers.
FOOTNOTES: