CHAPTER XV.

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:

The Mormon Prophet and His Harem Or, An Authentic History of Brigham Young, His Numerous Wives and Children · 第 15 / 19 章