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JULY, igi4 




Old Ship- ;ni<] Sliif)-l)uil(rm«r. 

1>> Hopper Striker Mott ..... 547 

Tlic W iiidinills of .Marjiiattaii. 

Hy Hopper Striker Mott ...... ')')[ 

(icori^e Wasliiii^'-ton Custi"^ Lee. 

I^y \V. (ionloti .McCalie, I.itl. D.. IJv.D. . . . oij^ 

lli>tor>- of the Mdiiiioii Churcli. ('haptei- ('\'lll. 

liy I'.iii^diain II. lioberts r)78 

llistoii"' \'ie\vs and IJeviews ...... fil'] 

John Howard Brown, Historian and Genealogist American His- 
torical Society, Editor. 

JosiAH Collins Pumpelly, A. M., LL.B., Member Publication 
Committee New York Genealogical and Biographical So- 
ciety, Associate Editor. 

Victor Hugo Duras, D. C. L., M. Diplomacy, Historian of the 
American Group of the Interparliamentary Union of the 
Congress of the United States, Contributing Editor. 

Published by the National Americana Society, 

David I. Nelke, President and Treasurer, 

131 East 23rd Street, 

New York, N. Y. 


Copyright, 19 14, by 

The National Americana Society 

Entered at the New York Postoffice as Second-class Mail Matter 

AH rights reserved. 



July, 1914 
Old Ships and Ship=building 

by hopper stuiker mott 

Trustee and Treasurer of the New York Genealogical and 
Biographical Society and Editor of The New York Genea- 
logical and Biographical Record. 

Part III 

THE aecoini)anyin«i: views were intended to illustrate 
tlie writer's articles with the above title as published in 
the April and May numbers of the Americana for the 
current year, but were received too late for use in the 
articles, as intended by the author. At the recfuest of the editor 
the writer has supi)lemeiited the article with the following his- 
torical facts as to the priority of claim to the invention of the 
steamboat and an eminently just narrative of the claims of John 
Fitch as printed in Lamb's Biograpliical Dictionary of the 
United States-, (19()o), which will aid our readers in following up 
the claims of the respective inventors. 

John Fitch, inventor, was born in East Windsor, Connecticut, 
January 21, 1743. He received a limited school training; was 
apprenticed to a watchmaker; contracted an unfortunate mar- 
riage, and left his home about 1769, settling in Trenton, New 
Jersey, where he worked at his trade. The necessities of arms 
for the American army led him to take up the business of a gun 
smith, but when the British occupied Trenton in December, 1776, 
they destroyed his shop and stock. He thereupon joined the 
New Jersey troops and passed the winter with Washington's 
army at Valley Forge. He afterward became an itinerant clock- 
maker, and in the spring of 1780 was made a deputy surveyor 
for Virginia of the territory between the Kentucky and Green 
rivers. Returning to Philadelphia in the autumn of 1781 he 
purchased a stock of goods and set out for the west to trade with 



the pioneer settlers. The Indians killed two of his companions, 
captured nine others and destroyed liis <^oods. He was a pris- 
oner for two years, escaping in 1783 and reaching Wanninster, 
Pennsylvania, where he settled and in April, ITH.'), built a model 
of a steamboat propelled by side-wheels, which he changed in 
July, 1786, to a small skiff moved with f)addles, propelled by a 
three-inch cylinder steam-engine, which is believed to have been 
the first double-acting condensing engine transmitting power by 
means of cranks, ever invented. He petitioned the national and 
state legislatures and scientific men all over the world for pe- 
cuniary help to perfect his steamboat which he claimed to be 
capable of crossing the ocean, but he was considered insane. Ho 
finally resorted to the sale of a map of the North Western terri- 
tory which he constructed and engraved with his own hand, and 
printed on a cider-press and by this expedient procured $800.00. 
With this sum he began in February, 1787, the construction of a 
second boat of sixty tons, forty-five feet long and twelve feet 
beam, with six paddles on each side and a ^welve-inch cylinder 
steam-engine. This craft made a satisfactory trial tri[) on the 
Delaware river August 22, 1787, in the presence of the delegates 
convened to frame the Federal constitution. This publicity and 
the fact that New Jersey, New York, Delaware, Pennsylvania 
and Virginia had granted him exclusive privilege of steam-navi- 
gation on their waters for fourteen years greatly encouraged 
the inventor and he constructed another boat in October, 1788, 
and still another in April, 1790, the Perseverance, which latter 
ran an entire summer, carrying passengers between Philadelphia 
and Burlington, and maintaining an average speed of eight miles 
an hour, covering eighty miles in one day. The company, which 
he had formed in February, 1787, then built a steamboat to carry 
both freight and passengers on the Mississippi river imder a 
charter from Virginia for the exclusive right of steam-navigation 
on ''the Ohio river and its tributaries." This vessel was so 
damaged in a storm as to require repairs that extended beyond 
the time named in a default clause in the contract, and the stock- 
holders abandoned the project. In 1791 he received a patent for 
his inventions in the United States, from which he gained no 
benefit. The steamboat company sent him to France in 1793, 


where their piirjiose was to build a steamhoat, but the plans weie 
frustrated by the Kevolution. He deposited liis plaus aud speci- 
fieatious with Aaron Vail, the American consul at L 'Orient, who 
was greatly interested in the project and who furnished him 
means to visit London, England. The consul during his absence 
exhibited and loaned the drawings to Robert Fulton, who had 
them in his possession in Paris for several months. Fitch re- 
turned to x\merica in 1794, having been obliged to ship as a sailor 
for Boston to gain ])assage home. He went to his farm at Bards- 
town, Kentucky, which he found in the possession of strangers, 
and returned east locating in Sharon, Connecticut. He went to 
New York city in 179(5, where he constructed a steamboat, using 
for the craft a ship's yawl with a screw-propeller moved by a 
small high-pressure engine. This he successfully exhibited on Col- 
lect Pond in New York city, afterward the site of the city prison. 
In 1798 he returned to Bardstown, Kentucky, where he built a 
three-foot model steamboat which he tried on a small stream. 
He lived at this time in a small tavern, having neither friend nor 
relation near, and bis body was found in his room, death having 
been produced by i)oison. The journal of Mr. Fitch records 
these words: "The da>' will come when some more powerful man 
will get fame and riches for my invention; but nobody will be- 
lieve' that i)()or John Fitch can do anything worthy of attcniion." 
In 1817 a committee of the New ^'()l■k legislature after a full in- 
vestigation of till' res])e(^tive claims of V'\U'\i and Fulton to prior- 
ity in invention'^, and after hearing witnesses and counsel on both 
sides i-ep<)rte<l: "The steamboats built by Livingston and i-'ulton 
are in suljstancc tlif iii\«'ntion patciitcii to John I'^itch in 1791, 
aiMJ i'^itch (lining the tciiii of his patent had the exclusive right 
to use the same in the I'liited States." 

He died at P.ajdstown. K'ejitucky, July L'. 1 79S. 

It i-; uii<loubtedl\' tine that John l-'itch, of Fast Windsor, 
Conn., was tln' lir^t to apply steam power to the pi'opnlsion of 
])oats. To others, however, must be given the piiority of con- 
ception. It was in June oi' July of 17^.'") that, he formulated the 
liiodeN ;irHl in .\u'_;n-t he |;ii<| thcni before ( 'ongress. ( )u Sept. 
27 he pieseiited to the .American Philosophical Society of Phil;i 
delphia "a model with a di-awing and desci-iption of a mnchine 


for working a boat against the current, by means of a steam 
engine. ' ' 

In March, 1786, the State of New Jersey granted him ' ' the ex- 
clusive privileges for the emolluments of such invention," fol- 
lowed by Delaware, New York and Pennsylvania during the win- 
ter and spring and by Virginia in Oct., 1787. {Docy. Hist. N. Y. 
77:1039) . 

A description of the method proposed, addressed by Fitch to 
the Editor, under date of Dec. 8, 1786, will be found in the Colum- 
bian Magazine, Vol. 1:174. The first trial of the boat occurred 
on Augaist 22, 1787, says Morrison's 77 i^^. of Steam Navigation, 
6, instead of the year previous as stated on the view. She was 
able to make only three miles an hour. In an endeavor to correct 
this conflict of dates an examination of the Pennsylvania Packet 
has not assisted, for no mention thereof is made during 1786 nor 
for two years later. 

In 1796 Fitch experimented with a yawl boat, fitted with crude 
machinery, on the Collect Pond in New York city. It is claimed 
that he made use of both side wheels, as well as a propeller in the 
stern. Nothing practical resulted from these experiments and 
Che boat was abandoned, with a portion of the machinery, and 
left to decay on the shore of the Pond, eventually to be carried 
away piecemeal by the children of the neighborhood for fuel. 
Fitch deserved better fortune. Pecuniary and domestic difficul- 
ties pursued him and he died in Kentucky two years later. 

Although Fulton made a trial of his boat on the Seine some 
years later, it was not until 1807 that the ''Clermont" showed 
the practicability of steam for navigation purposes. While this 
experiment was successful it was made some twenty years after 
Fitch had blazed the way. Both made use of the waters on and 
around Manhattan and this fact gives fitting conclusion to these 






2 o 

< n 

O > 
B S 

cr 3 

The Windmills of Manhattan 

The Story of the Original Industry on this Island 
by hopper striker mott 

Trustee and Treasurer of the New York Genealogical and 
Biographical Society and Editor of The JSIeiv ^ork Genea- 
logical and Biographical Record. 

ONLY desultory reference has been made in the histor- 
ies of New Netherland to the milling industry of the 
island of Manhattan. 
Public necessity compelled the early construction of 

This was not only a requisite but, like the Graght (Canal) in 
Broad street, was a natural consequence of Dutch civilization. 
Under the civil law in force in New Netherland the right to 
erect them was vested exclusively in Patroons or Lords of Ma- 
nors. The West India Company, having reserved to itself this 
Island, had the legal monopoly of this branch of trade here and 
no one could set up a mill without its permission. Not only the 
circumstances attending the first settlement but the law imposed 
on the Government the duty of providing the settlers with the 
means of converting their grain into flour. Accordingly when 
Minuit became Governor in 1626 a horse mill was erected by his 
direction. Domine Michaelius, the first minister, in a letter to 
the Classis of Amsterdam, his superiors, referred to this mill in 
1628 when he reported that ''we have a grist mill." He likewise 
reported that a wind mill to saw lumber was in progress of con- 
struction. The latter was, at first, in the contemplation of the 
Indians, "the world's wonder; they durst not come near its long 
arms and big teeth biting the corn to pieces," as they ex- 
pressed it. 



During the administration of the second Director, Wouter Van 
Twiller, these mills had been repeatedly furnished with shafts 
and yard-arms for the sails and were otherwise repaired at the 
public expense. 

In the meantime other mills had been allowed but when Kieft 
had assumed the directorship in 1638 only one grist-mill and one 
saw-mill were in operation, another was out of repair and idle 
and one had been burnt. The saw-mill was located on Nooten 
(Governors) Island. The date of the erection of the first public 
wind-mill is unknown. In the earliest view of the settlement— that 
attributed to Augustyn Heermans,— a presentment of its out- 
lines is depicted locating it between the Fort and the East River. 
Visscher published a different view in 1655 in which it is repre- 
sented inside the Fort, or on its northwest bastion. It must 
have been placed in this position prior to 1642 for when it was 
proposed to erect a new church within the Fort the plan elicited 
grave opposition. The objection was met by the alleged fact 
that the mill could not work on a southeast wind anyway because 
the wind from that quarter was intercepted by the walls of the 
Fort. If this be true it must be concluded that the wind-mill 
was not on the bastion where it figures so prominently in Vis- 
scher 's view but outside the Fort. This impression is strength- 
ened by an entry in the Court Minutes of 1656 where it is recom- 
mended to establish a graveyard on a hill west of the Fort," in 
the neighborhood of the wind-mill," and by a reference to the 
so-called Duke's plan of 1661 where its position is definitely fixed 
on a bluff near the North River shore, a short distance northwest 
of the Fort and near the present river end of Battery place. 
This was a grist-mill as distinguished from the many water- 
mills which in time found a lodgment on each water-way. 

Abraham Pietersen from Haarlem, Holland, was appointed 
miller in 1638. He endeavored in 1640 to obtain possession of 
Bouwerij No. 5, from Hendrick Harmensen, the Company's 
tenant in occupation and on Nov. 29 brought action of ouster on 
the ground that the latter allowed cattle "not his own" to graze 
there. This Harmensen denied and, say the records, "the par- 
ties were reconciled in Court." In this year he was superceded 
as miller by Philip Garretsen and then became lessee of Bou- 


^ 13- 
r* "1 



n. I 


O 11 





























werijs Nos. 5 and 6. On Mar. 1, 1642, he sold all the grain 
''sown" thereon to Jacob Barens and on April 10, of that year 
was put under arrest for slandering the Director General. 

In 1646 Gysbert Opdyke was Commissary of Provisions and 
as such had to supply the Garrison and public officers with bread 
and flour. 

In January he accused Pietersen of stealing some of the grain 
that had been sent to the mill to be ground. The miller retal- 
iated by suing Opdyke for slander. The latter retorted by pro- 
ducing affidavits in proof of the truth of the charge, for under 
the Dutch law the truth could be produced in justification. Fin- 
ally the Court suspended judgment and on Feb. 2, ordered that 
the miller should thenceforth grind the Company's grain "wind 
and weather permitting" before that of private persons ; that he 
should conduct himself so as not to give the least cause of com- 
plaint, and not call, fulminate or use sharp names or language 
under any circumstances, on pain of being called up for judg- 
ment in the slander suit. To prevent cheating Opdyke was di- 
rected to weigh the grain on sending it to and receiving it from 
the mill. 

The wages of the miller and the great and necessary repairs 
which the mill constantly required not only ate up all revenue 
but left a deficit which had to be met by the public treasury. The 
mill was in consequence soon after farmed and Pietersen opened 
a tavern just northeast of the bastion of the fort. But a homi- 
cide having been committed on the premises the authorities 
closed up his resort July 23, 1648. In August he was reap- 
pointed the official miller, for, says the record, no fitter person 
was to be found. Hendrick Egbertsen purchased his property 
in 1649 and in 1653 the miller acquired from Adrian Keyser, the 
vendue master, two houses on the Iloere Weg. (Broadway). 

As a miller Pietersen seems to have been of too choleric a tem- 
per to be popular. In the preamble of the ordinance passed in 
Fe})., 1652, for the regulation of the windmill it is stated that 
''for a long time ]mst not a few complaints have been made of 
the inconvenience to which the inhabitants are put because they 
cannot, without difficulty, get their grain groimd, or if ground, it 
is not in such a condition as it ought to be ; for which reason they 


are received with abuse, curses and threats." To correct this 
state of things sundry laws were enacted, to wit: 

Government grain was to have precedence, as usual, before 
that of private parties, afterwards, the rule was to be, first come 
first served ; intending customers had to apply to the comptrol- 
ler of the windmill for a permit, which had to be signed on the 
same day that the grain was taken to the mill, which permit 
gave the name of the person in whose charge the grain was and 
the quantity permitted. A daily account of these items had to be 
kept by the Comptroller for whose trouble a fee of one-half stiver 
for any quantity less than 3 skepels and 1 stiver for 3 or more 
skepels could be collected. The miller was not to receive any 
grain without a permit and had to keep a record of these permits 
and render an account of the toll he received. He was not to 
give credit to any one except at his own risk and, as all expenses 
were to be defrayed from the toll, ''good pay" was required and 
no person was to take offence in case the miller refused poor or 
UJiassorted wampiun ; for according to the Proverb, "Many can 
carry more than one." To prevent claims and disputes proper 
scales and weights were provided and in order that the grain 
might be more easily moved no one was to bring to the mill 
more than 3 skepels of grain in one sack. Pieter Oornelissen suc- 
ceeded Pietersen this year to be in turn followed by Abraham 
Martense Clock in 1655. Willem Bogardus, a son of the Domine, 
then a clerk in the Secretary's office, became Comptroller of the 
Windmill Sept. 27, 1656. 

In 1658 Pietersen removed his business to a mill constructed 
by himself near Chatham Square. He obtained a permit April 
2 of that year to erect a water-mill "at the outlet of the Fresh 
water, 4 rods from the Potbaker's Hill." Later he petitioned 
that the above permission "be so far extended that he could set 
it up on the strand," which modification was allowed. In order 
to propel the wheels Pietersen caused a trench or mill-race to be 
cut which unfortunately admitted the salt water into the Kolch 
and rendered the fresh water unfit for domestic use. The neigh- 
bors complained. The miller alleged that he had erected the mill 
for the convenience of the public and had he anticipated these 
complaints he would never have constructed it. To obviate the 


objections he hung a wooden gate at the outlet of the race to ex- 
clude the tide, using the current from the Kolck only at low 
water to run the mill. This was in March, 1661. 

Pietersen appeared before the Shepens on Sept. 6 following 
and confirmed a deed ceding to Jan Cornelissen de Cleyn and 
Ryer Cornelissen van Suysbergen the right to this mill which 
stood ''on the shore of the East River at the Fresh Water east 
of the Potter's Bakery," which he intended and did convey on 
Sept. 7 to Jan Cornelissen of Hoorn. The latter transferred title 
to de Cleyn and van Suysbergen for 1700 guilders, payable in 
wampum. In 1662 these partners had a falling out which came 
to the attention of the Court, on Jan. 3, when de Kluyn charged 
Ryer was ''not returning to the people their full measure." He 
demanded a "discharge" in writing and a settlement of ac- 
counts. How the matter ended is not disclosed. Dr. O'Callag- 
han's notes assert the site of this mill was in Roosevelt street. 
Innes states that the dam spanned the little creek near James 
and Cherry Sts. Its location is indicated at the river bank on 
the Duke's plan, 1664. 

The original wind-mill near the Fort continued to be a tax. 
After six years experience under the ordinance of 1652, it was 
found that the revenue derived from it did not pay the miller's 
wages much less the cost of repairs. It was therefore resolved 
March 19, 1658, to resort again to the farming or leasing plan. In 
the course of the following year the upper millstone had become 
so worn as to be nearly useless and Stuyvesant wrote to the 
Company for a new one. The Directors in Amsterdam, in an- 
swer to his application, addressed him in Sept., 1660, in this 
wise : "In regard to the required Looper for the windmill, which 
is to be 4 feet 3 @ 4 inches in diameter, we cannot conjecture 
what is meant. We have enquired of several mill wrights for in- 
formation but they know nothing about it. So you must trans- 
mit more precise information." 

"Looper" seems to have been either a technical or a Provin- 
cial term for the upper millstone which runs or revolves on its 
pivot or axis. It would appear that an explanation was later ob- 
tained for a pair of millstones were subsequently shipped on 
board the "Love." This vessel, however, met with an accident 


coming out of the Texel. She was obliged to put back for re- 
pairs and the needed stores did not arrive at Manhattan until 
1661. The enormous expense incurred annually for the cartage 
of grain to and from the mill and for other government trans- 
portation rendered it necessary now to purchase a yoke of oxen 
or pair of horses and orders were accordingly issued for that 

Jan de Witt became miller in 166L He was a man evidently 
economical of his time, so, in order to save his capital, he de- 
voted himself one Sunday to the labor of ''picldng his mill- 
stone." The laws were stringent and Stuyvesant a strict Sab- 
batarian and Jan was fined, Oct. 16, 1662, six guilders and costs 
with a warning not to repeat the offence nor grind on that day 
except in case of necessity. 

The mill continued to be used until 1661 when it was crum- 
bling to ruins. The locality where it had so often waited for a 
change in the southeast wind and where it so long stood to warn 
the Brooklyn ferryman not to attempt to cross when it furled or 
took in its sails was soon to know it no more forever. The fiat 
was about to go forth that it should move ''up town." New 
York at this day is still following this example. 

This ' ' the old mill ' ' must have been still standing at the time 
of the surrender to the English in 1664 for it is mentioned by 
that title in the 23d article of the terms of capitulation. It was 
stipulated that three copies of the King's grant to the Duke and 
of his Royal Highness' commission to Col. Nichols, attested as 
to their authenticity by two of the Commissioners and Gov. Win- 
throp, were to be delivered to ' ' the Hon. Mr. Stuyvesant on Mon- 
day next by 8 of the clock in the Morning. ' ' 

Extending along the now Park Row from Chambers street to 
the Kill which traversed the present line of Pearl street, was sit- 
uated an eminence known as Catiemuts, which made it necessary 
for travellers in the early days to turn from following the 
straight and narrow path in order to round the hill. The Indian 
tongue is the source of so much of our geographical nomencla- 
ture that authorities on Indian place names were consulted in 
order to account for this odd designation, with the finding of the 
prefix Cata, signifying ''Chief," "principal," "great," etc^ 


(Tooker, 36). In the sense of being the principal topographical 
feature in the neighborhood this seemed promising but the last 
syllable was not so easy to identify. In fact it baffled all efforts. 
Then came to our assistance the language of the early settlers 
and here very quickly was found its etymology. By reference 
to the dictionary (Sewel's 1707 ed., 281,676) the name is shown 
to be composed of two words, viz : Kaatjes in the possessive and 
muts, meaning Katy's Bonnet and this conclusion is endorsed by 
Bingman Versteeg, the librarian of the Holland Society, a 
Dutclmian born. Either the hill resembled the shape of the 
women's hats of the period or some local occurrence of which 
this location was the scene affixed the name upon it. Possibly 
the selection of the word Katy meant just any woman, that being 
a common feminine appellation. 

On this hill, outside the Langpoort and near the Company's 
bouwerij, Jan de Witt, a miller, and Denys Hartoogvelt, a car- 
penter, proposed in 1662 to erect a windmill if they were allowed 
the burrstones, the wooden and iron work of the Old Mill, at the 
later Battery place. After a lengthy discussion with Stuyvesant 
and his Council a contract was concluded whereby they agreed, 
Nov. 22, to construct a mill as soon as possible on a lot to be 
granted them 20 rods square. They and their successors were 
bound to grind, free of toll, 25 skepfuls of grain weekly for the 
Company should such quantity be required, but they were at 
liberty to grind, ''at the new mill to be constructed by them with- 
out paying the Company or Government any seigniorage for the 
use of the wind." (iV. Y. Col. Mss., 10:245) Hartoog\^elt with- 
drew from this contract the same day and it was assigned to 
Jan Teunissen from Leerdam (Cal. D. Mss., 241). 

DeWitt and Teunissen thereafter laid out a garden, built a 
dwelling-house and erected a windmill on the lot. One of the 
hands employed was one Elias Jansen. A pound of candles hav- 
ing been found missing from the mill de Witt accused him of 
having purloined them. Jansen hotly denied the charge: '*It 
was not true— He was as honest as his Master," and then sug- 
gested that the dog might have eaten them. Whereupon, as he 
was seated on the millstone, de Witt struck him. So on January 
22nd, 1664, the Schout haled the miller to court where he prose- 


cuted him for having beaten Jansen ' ' so that the blood flowed. ' ' 
Jansen now demanded 100 gl. and a new good gray hat which he 
claimed was promised him for his services at the mill until the 
following May, he having been discharged before that time. This 
claim was compromised by Jansen receiving pay for the time 
he actually served, as he preferred quitting the miller's employ 
"for if he remained they would always be in a broil." De Witt 
then accused the Schout with having bribed the witness and paid 
for the affidavit. For the contempt thereby shown and his ''in- 
decent language" he was fined 6 gl. and for the assault 10 gl., "in 
consideration that it was his man he beat." 

Teunissen got mixed up in the quarrel so that they dissolved 
partnership and de Witt conveyed his half of the property by 
deed, May 31, 1664, to Claes Jansen van Langendyck (Hoi. Soc. 
Y. B., 1900, 158) for 425 gl. in wampum. Teunissen sold his in- 
terest Aug. 26th 1666, to Willem Aartzen and on October 3rd, 
1667, a confirmatory patent was issued to said Langendyck and 
Aartzen for this windmill and other appurtenances. 

In consequence of the obligation to grind a certain quantity of 
grain free of toll for the Government this mill was later known as 
''The garrison mill." After the advent of the mill the hill be- 
came Windmill Hill and it was here at 8 o'clock on the morning 
of May 12, 1672, that Gov. Lovelace reviewed the three militia 
companies of New York, for Catiemuts, on the northern part of 
the City Hall Park, was then the place of general rendezvous. 

The subsequent incidents connected with the Garrison 
Windmill will be found of uncommon interest. Jasper Nessepat, 
a baker, {Mins. C. C, 1:176) who, in 1682, had petitioned for a 
grant of land for the erection of a gristmill at what later became 
the foot of Cortlandt street, and had abandoned the enter- 
prise in favor of Pieter Jansen Mesier his co-petitioner, came in- 
to possession of this mill at Catiemuts. It had been in his hands 
"for several years" prior to 1689, in which year it was struck 
by lightning and destroyed. (A^ Y. Col. Mss. 39:15). It was 
probably rebuilt, for by a city ordinance of 1714, the burning of 
oyster shells on the commons, south of the "windmill commonly 
called Jasper's mill" was prohibited. It is on record that Nes- 


sepat had another mill in operation at the time of this accident, 
which m-ay have been the de Meyer mill at Duane street. 

Nessepat's personal history, says Dr. O'Callaghan, in his orig- 
inal notes on windmills, becomes mixed up with that of the wind- 
mill on the common and as it throws some light on the political 
doings of these days and has not been mentioned or touched up- 
on by any of our historians it will not be out of place to dwell 
upon it here and especially as this locality was the theatre of 
many of the happenings related. 

Already a widower, Nessepat married in 1685 Machtelt de 
Riemer, a sister of the wife of Domine Selyns and the widow of 
Nicholas Gouverneur.* (Riker's Harlem, 813). 

He thus became stepfather of Abraham Grouverneur who 
afterwards figured with Leisler in the events of these times. This 
connection brought Nessepat into trouble, for in 1691, he was 
represented to Gov. Sloughter as one of Leisler 's favorites and 
suffered many threats in consequence. Finally the Governor 
acted so effectually on his fears that he forced the poor man to 
enter into a bond of £500 to rebuild the old Garrison Windmill 
before the first of May, 1693. Meanwhile he was to grind at his 
own mill for the garrison, toll free. He continued the victim of 
this exaction during the whole of this reign of terror. 

Gov. Fletcher having succeeded to the Government, Nessepat 
presented a petition on Nov. 24, 1692, setting forth the foregoing 
facts. He declared that it would ruin him to rebuild the old 
windmill as there was no prospect of work for it except for the 
garrison. The expense would, therefore, be entirely useless. 
He concluded by praying that his bond be cancelled and that he 
have a grant of said mill and of the ground on which it stood 
at a moderate quit-rent. (N. Y. Col. Mss., 39:15). 

The bond and covenant were accordingly cancelled on condi- 
tion that he enter into new covenants and a bond with proper 
sureties to complete the mill, as per the original agreement, at 
the end of two years from May 1, 1693, and to grind in the mean- 
time at his own mill 25 skepfuls of wheat a week for the garrison. 

*]Vrargareta Selyns, widow of the Domino, mentions in her will dated Jan. 25, 
171 1, her sister, Machtel Nessepat and the latter's children, Abraham Gouverneur, 
Isaac Gouverneur and Elizabeth Nessepat. {His. Soc. Coll., 1893, 115). 


He was promised on the completion of the mill a patent for the 
premises, reserving to the crown the aforesaid services and no 

The unfortunate miller's troubles were, however, not yet over. 
A letter written from Boston by his stepson Abraham Gouver- 
neur and addressed to his parents, had fallen, somehow, into the 
hands of the government. This letter having been laid before 
the Council was considered seditious and tending to influence the 
mind of the followers of Leisler. Nessepat was thereupon ar- 
rested and brought before the Council Jan. 5, 1692-3. On exami- 
nation it turned out that he had never seen or heard of the letter 
and he was discharged. He seems, however, to have failed in 
the fulfillment of his contract, for he was again arrested in a suit 
for trespass brought by the Attorney-General, probably for fail- 
ing to grind the 25 skepfuls of wheat a week for the garrison, 
which was considered a quit-rent. 

To be relieved from this suit he again petitioned the Governor 
and Council April 2, 1695, and asked for a new grant at a less 
onerous rent. In accordance with this request a new patent was 
issued the same date which recites the fact that Nessepat was in 
possession **of a certain Winde Milne and ground thereunto be- 
longing, scituate near the Common of New Yorke, containing 
northwest twenty rods and a like quantity on the southwest, 
northeast and southeast" (being the identical lot originally 
granted to de Witt in 1662) and confirms the same to him on 
condition that he grind toll free (not for the Garrison but) for 
the Governor for the time being, four bushels of corn once a 
week, if Ihe same be demanded and that he pay, in addition, an 
annual quit-rent of five shillings. (N. Y. Col. Mss., 7:124). 

During the administration of the Earl of Bellomont, the 
Leisler party were in the ascendant and Abraham Gouverneur, 
Nessepat 's step-son, was Recorder of the City. So the remain- 
der of the miller's life was free from persecution. In 1700 he 
asked permission to build a mill at Kingsbridge and on Jan. 16, 
a committee of the Common Council was appointed to view ''the 
place on which Jasper Nessepat intends to build a mill" at that 
place. {Mins. C. C, 2:97). A grant thereof under certain con- 
ditions, was ordered delivered to him by Mayor Isaac de Riemer, 

The new seal of the city granted by James II, in 
commemoration of its commercial supremacy in 
the milling business, and of the bolting privilege 

which wascon- 
16 8 6, c o n - 
arms of the 
joined; two 
and two beav- 
was replaced 
1784. In 1698 
granted the ex- 
bolt flour ard 
barrels for ex- 

Seal ot the Cilv. 

firmed to it in 
tained the four 
wind mill con- 
flour barrels 
ers. The crown 
by an eagle in 
New York was 
elusive right to 
pack it into 
port. In 1()94 

six hundred of the nine liundred and thirty-eight 
stores and warehouses in the city were connected 
with or ilependent upon the trade in flour. 


which is of record in Book of Grants, Comptroller's office, 2 :388, 
dated Jan. 29. For particulars Vide Mins. C. C, 2:98,113,134. 
Before he moved he lived in the Brouwer Straet, (Brewers' later 
Stone street), the pavement of which was ordered newly laid 
from his house to that of Brandt Schuyler on the Heere Gracht, 
on Aug. 8, 1687. {Ibid, 1:189). He died about Sept., 1702 in 
which year Cornbury became Governor. 

Having died intestate Nessepat's widow, in an honest and 
laudable desire to pay her husband's debts, applied for letters 
of administi-ation to John Brydges, the Surrogate, at whose 
hands she took the oath of administratrix and paid the required 
fees. So far all well, but the persecution which grew out of the 
Leisler conspiracy was yet to pursue the family. Some few days 
after the above adventure the widow applied to Daniel Honan, 
Seci-etary of the Province for the letters and was informed 
through her son, Abraham Gouverneur, that Lord Cornbury had 
commanded him not to issue them. Repeated applications by 
Gouverneur followed without result and his Lordship finally 
threatened to commit him to jail, if he persisted. The conse- 
quence of this illegal and tyrannical conduct was that the widow 
could not collect the debts due the estate, whilst the creditors 
forced the payment of their claims by threats of legal proceed- 
ings. In order to satisfy these claims and to save as nnich as 
possible of tlie estate, Mrs. Nessepat caused the ])rincipal and 
most valiiahic part of the ii'on work of the Garrison windmill 
"nigh the city," which was then fallen greatly to decay to bo 
taken out in order to secure it from embezzlement. Whilst hav- 
ing it removed to her house, (^if)t. Peter Mattlunvs, who com- 
manded the (lovcrriof's ('ouipany and I\i)(MH'/('r Willson, Shci'ilT 
of New York, seized the property without producing eitliei- or- 
der or warrant and retained it some six years or during the r(^ 
maindei" of ('oi'nhury's adruinist latiori. 

When Lovelae<' assniiie(l llic ( l(i\-erriment in 17il{> the widow 
Nessepat presented a petition .Ian. 1.'^ setting foitli the above 
faets. Matthews and Willson wcic oi(lere<l to show by what 
authority they took the property. WillsoFi pleaded Jan. 20, that 
he had s<'ize<i it for th<' use of the (Jueen as he tliought it be- 
longed to her Majesty. Mrs. Nessepat thereufton produced the 


patent of 1695 to prove that the property belonged to her late 
husband and the Council ordered it to be restored to her. We 
can easily conceive how gross was this outrage on private rights 
when we reflect that the patent now produced was all the time 
of record in the Secretary's office and would show to whom the 
property belonged if there was the least desire to act honestly. 
But there was none. (.V. Y. Col. Mss. 10:272,277)* 

Numerous official documents and maps establish the precise 
location of this ancient landmark. It will be found laid down on 
the map of the Island of Manados in 1664. {Val. Man. 1863). 
It is also a prominent object in the views of New York, 1667, 
{Ibid, 1851 :136) and in the view of New Orange, 1673, on Hugo 
Al lard's map of New Netherland. 

In Dec, 1723, land near the windmill formerly of Jasper Nes- 
sepat, near the Connnons, was surveyed with a view of laying 
out at regular width the high road now known as Chatham 
street. {Mins. C. C. 6:336). On July 29, 1740, permission was 
granted to finish a street already begim from Broadway east 
through "the hill by the windmill." During the progress of the 
above work the mill disappeared. In the Act of Nov. 7, 1741, for 
removing doubts as to the course of the new road from Broad- 
way to the Fresh Water (i. e. via Park Row and Printing House 
S([uare) it was provided that it should run through the hill by 
the house of Capt. John Brown "where the windmill stood," un- 
til it meet- the old road. Evidently designating Windmill Hill. 
But the locality is ])ut beyond all doubt by a minute of the Com- 
mon Council, Mar. 14, 1759. This contained an order to let sev- 
eral lots of ground belonging to the Corporation "between the 
New Goal and the house commonly called Catiemuts." It is to 
be concluded from tliis evidence that Catiemuts' house was the 
house of Capt. .John Brown, where the windmill stood.* 

♦The story of Nesscpat's i)ersccution by political enemies was written by Dr. 
O'Callaphan and is extracted from his original notes at the N. Y. Hipt^orical So- 
ciety. They <Trc based on items in the N. Y. Col. .\4ss. at Albany which have not 
been printed. Unforttmately the most of the volumes in which they were con- 
tained were consumed in the Library fire. 

♦By the 6th Sec. of the Act of 7 Nov., 1741, for mending and keeping in repair 
the Post Road from N. V. to Kingsbridge it was provided that "as doubts and 
scruples have arisen about the course of the road from Spring Garden gate, at the 
end of the Broadway, towards Fresh Water, that the said road shall forever there- 
after be on through the new road lately cut through the hill, by the house of Capt. 
John Brown where the windmill formerly stood, until it meets the old road. 


A public garden and place of entertainment was kept here, 
says the Manual of 1856: 470 and the Mem. Hist., 11:397 speaks 
of Van do Water's, otherwise Oatiemuts' Tavern. 

Just beyond the northerly confines of Catiemuts was another 
mill the site for which was granted to Nicholas de Meyer, Sept. 
29, ]()77. It is described as a small i)iece of land "to set a wind- 
mill u])on" lying by the edge of the hill near the Fresh Water 
ranging southeast by the edge of the hill, being 8 rods square or 
1 ({uarter of an acre and 1^4 rods. The quit rent was one bushel 
of good winter wheat per annum. A survey thereof was nuide 
by KN)l)crt Ryder under orders of Major Andros, Oct. 17. This 
lot and mill stood on the north side of Chatham street at the 
junction of Duaiic and appears to be laid down on the Grim map, 
1742-3, as lying just inside the palisades on that street. These 
two mills were the inuncdiate successors of the mill at the Fort. 

After Meyer's death the property was partitioned and on July 
20, 1691, deeds were exchanged whereby one-half of the windmill 
lot and one-third of the house and ground were conveyed to a 
son-in-law, .Ian Willemse Neringh, of Newcastle, Del., who mar- 
ried Anna Katrina, KiOl, "tlie burying ])lace nigh the mill ex- 
cepted," one-third to Hcnricus de Meyer of said li>t with a third 
part of the small house and lot belonging to said windmill, c\c('i)t- 
iiig the burial ])lace and the remaining one-third to Philij) Schuy- 
Ut, who married a daughter, Kli/ahcth, l(>()(i. without any excep- 
tion of the liiirial place. Ilciiriciis inaiTicd Agridc de Key 
whose family owned i)art of the land lying on the further side of 
the Fresh Water, originally of Wolfert Wehhei-, whose assigns 
conveyed it to William .Meiritt in whom it wa^ ronlirmed by 
patent Nov. iT), 1686. 

Menitt, who was Mayoi- in l69r), (I, 7. and Marjory, his wife, 
eonveye.i it. with other property. May It), l(i!>S. to William .lane- 
way, purser of II. M. S. Ivichmond, whi<'h was connnanded hy 

Wcdiusday. Mari-li 14. 17S'; 1 l"- I^oaid was ordnrd to imil <>m Salnnlay 
aftTMooii at J oVIoik luar tlu- ii<-w Coal IIoum- in ordt-r for the laying out in lots 
M-mr j{r«'Und luloMKinn to tin- Corporation iK-twi-i-n viid Coal llousi- and the 
iiousf i-onnnonlv called Calinnnls. l.Mnis ( . ('.. vi:i6s) 

.Mar JO. i7Sy Ordcrctl that the c:U-rk of thr Board pr(i>ar<- ndvcrlisrnicnt to 
\k mit in llif pnMu- '>r wci-klv Ca/itt<s for IrtliuK to fartn st-viral lots lulonnuiK 
to tl.f Corporation Ivuik l»rlwrcn the New C'>al House and the- dwelling liouso of 
Capt. John Brown, mar tin- palisa«lrs wIutc tin- windniill fonmrl\ stoo<i. 1 orins 
21 years to tlu- Inglust l>iddcr. (Ibid. 167). 


Capt. Evans, notorious in New York history in connection with 
Fletcher's extrava^rant tcrants. Janeway had married, 1695 or 
6, Agnes, daughter of Jacob Tenuis de Key aud on his quitting 
New York in 1698 left power of attorney with his wife and oth- 
ers, who, on Dec. 5, 1699 mortgaged to her brother and father, 
Tenuis aud Jacobus de Rey, bolters or millers and John Corbett, 
mariner, all his estate iu New York, together with all the tene- 
ments, buildings, windmills, etc., thereon. 

The de Meyer ])roperty, which descended through Henricus to 
his sou, Henry, remained undivided as late as 1735, on April 1st 
of which year tlu* latter conveyed to his daughter, Agnes, his 
title and interest to the one undivided one-third of the above lot 
and windmill together with a gift of £100 New York currency, 
which di'i^il was recorded Jau. '2'X 1739-40 (L. 14:42). Henry de 
Meyer died iu April, 1739. 

In the view of New Yovk appended to Henry C. Murphy 's trans- 
lation of the Journal of Daucker & Sluyter, who visited the city 
]()79 KO, windmills are prominent objects north of the city gates 
and ('apt. Mackenzie, writing to Col. Nicholson in Aug., 1689, 
says that he carnc duwn iioni Albany and in order to save from 
the Jjcisler f»arty the letters lie had brought, he caused the 
skipper to put him ashore "above the windmills." (TIol. Docs., 
Ill ■A\V2). P.oth of these mills as well as that at the future foot 
of Cortlaudt street are laid down on tlie l\ev. John Miller's map. 
He was Chaplain to tbe (Jarrison 1693-4. 

This tbird win<lmill was tliat which Nessepat and Mesier 
erected at the later f(»ot of Cortlaudt street. In 1644 Jan Jansen 
Damen obtained a grant of all that tract lying between Broad- 
way, tbe Hudson liivrr, and Fnllon and Thames streets. After 
liis fleath the farm was divided into three lots. Tennis Dey hv- 
came, in course of time, the owner of the northern lot, through 
the centre of whi<'h Dey street now runs. The middle lot was 
sold 166H to OIojT Stcvensen van Cortlaudt and the southern, 
bounded by Thames street becaTue in 1686 the property of 
Thomas TJoyd afterwards of I*biladel|)hia. 

The middle or Van (Tortlandt lot, with a frontage of 250 feet 
on Broadway, appears to have been eventually intersected by a 
nearly north and south line, the east portion of which fell to Van 



Cortlandt's daughters, Maria and Sopliia. The west part seems 
to have been acciiiirod l)y one Peter Jaiisen Mesier, who was an 
old inhabitant, and in 1G73 had occupied a house and lot near the 
fort. This house having been demolished by Gov. Colve, Mesier 
asked for a lot on the river side, which, however, he did not ob- 
tain at that time. In 1G82 he with Ness('j)at as a i)artner j)eti- 
ti toned for a grant of land on the Conunons on which to erect a 
windmill. Nessepat removed from the city and Mesier built the 
mill on tile bluff towards the North River. 

The nuip of 1695 locuites it as lying near the water front on the 
line of Maiden Lane if extended westerly. While Lyne's survey 
(17*29) does not mark the spot yet it does lay down the Old 
Windmill Lane which led to it from the west side of Broadway, 
about oi)i)osite Maiden Ijane, and outlines the later Oortlandt 
street. The Windmill Lane was closed before 1749. (Deed Wen- 
ham to Ludlow, Manual, 1860:530). 

On Oct. ](), 1669, Mesier made an ;ii)])licati()n foi- a grant of 
the ripai'ian rights in front of his "j)ur('liase on tlu^ North 
Kiver," which grant Wm. iSTicoll endeavored to i)revent by filing 
a caveat against it. The latter was or(h're(] Uvc. 'A to ap])ear be- 
fore the i5oard and ciitei- his objec'tions had he any. This 
amounted to nothing foi- in Jan., 1700, n conunittee was ap- 
pointed to wait on Mesier and agree on a prii-e fei- the water 
grant fi-onting "his house and groun<l uIumc 1h' now dwolleth 
by iliid.-on I»i\('r" and when llicii' favoiabic roporl was \mo- 
senUMl in Maicli it was agreed that on the paynu'iit of JO pounds 
N. Y. cuiM'ency a grant would be execut«'d with the proviso that 
tile grantee should not inclose the same or l)uilil on, or la\ any 
dock oi' whail* until sni-h time ;is the ground on the north side 
of his pioptM'ty an<l between it and the King's b'arin was docked 
or wharfed. but that the same should conlinne a public place for 
fishing OI- pas^^ing through as at present. Whenever such dock 
was constructed a -t?-eel 4<t feet wide at low watei' inu^t U' 
opene(l in such manner as the stret-t t«) the south, as contem- 
plat^'d by John jluti-hins. which street should retnain a jiublic 
highway forever. 

On March |i>, 1767. the ferr> to Towlns Hook (.lersey Oity) 
wa.s establi.shed. 'IMicre weic two opinions in the ( 'oinnion (N)un- 


cil as to its N. Y. terminus, one party wanting the landing place 
to lie somewhere between Alderman Nicholas Roosevelt's and 
Deys ' Docks and the other at the foot of Cortlandt street which 
was finally the spot selected. Lease was entered into with Jacob 
Van Voorhes, merchant, for 4 years from May 1, of the above 
year at £.310 yearly. His partners in the enterprise were 
Abraham Mesier, Abraham Bussing and Peter Mesier, Jr. At 
the end of the term Abraham Mesier assumed the lease for three 
years at £120. 

There were two other windmills of note. Out beyond Catie- 
muts at an eminence called Werpoes by the Indians (the site of 
later Chatham Square), was the mill of the Rutgers family. Sit- 
uated on a prominence and overlooking to the west the Jew's 
burying ground, a part of which this race acquired in 1656 by 
grant from the Dutch authorities, this mill was used originally 
in the prosecution of this family's business as brewers. The date 
of its erection is unknown. It is shown first on the Ratzer map 
of 1767. On the map of the estate, drawn by Marschalk, its site 
was on lots Nos. 168, 326 and 327. Prior to 1792 the firm of 
McLachlan & Buckle carried on the brewery business thereon 
and in that year purchased the property, the first two lots from 
Josiah Furman, a painter and glazier, and the other from Henry 
Rutgers. In 1796 Buckle transferred his interest in the business 
to his partner for £5500 ($1,870). 

On the southern projection of Bayard's Hill stood a mill which 
was a notable feature of the neighborhood. Just as the Rutgers 
used their mill as an adjunct of their business so was this used 
by the Bayards. The first map on which it appears is that of 
Lynes (1729) and then on the Loudon map (1757) and Ratzer 
(1766-7). Its location is definitely fixed on the later Ratzer map 
(1767) as lying on the west side of Bowery Lane, between 
Nicholas (Canal), Hester and Elizabeth streets. When these 
streets were projected some deference was apparently made to 
this edifice, the principal entrance to which was from the Bow- 
ery and even when that highway was closely built upon a space 
embracing eight lots led to the mill. At the date of this last 
mentioned map it was in use by Frederick Sigesmonts Lentz as 


a snuff-mill. He advertised his business there for sale in the 
N. Y. Jonrnal of April 2, ]7()7. 

Six of the lots, containing its site, were sold i)y Nicholas Bay- 
ard to George Trade, snuff maker, by conveyance dated April 
16, 1771, Consideration £3(M), N. Y. Currency. He had been in 
possession of the pro])crty for a year ])reviously under agree- 
ment. The mill is not mentioned in the deed. It stood on the 
rear of lots Nos. 110 and 111, near Klizabeth street and was ad- 
vertised for sale in the same paper of April 23, 1772, as "the 
mill situate near the Bull's Head Tavern, now in possession of 
George Trail." 

Traile mortgaged these six lots April 22, 1771, to Nicholas 
Bayard for £.300, and here again the mill is not specified and 
again f»n Aug. 28, 1773, to James Penny, for £100, being "the 
lots whereon the windmill stands in the Bowery Lane." He later 
borrowed "a further sum" from Bayard to whom he executed 
a third mortgage, and on March 17, 1775, made an assignment in 
trust to John VVetherhead Jind David Stiles by whom the ]>r(>p- 
erty was exposed for sale, when Penny and Bayard bid it in for 
£475. This recital is contained in the conveyance from tln' as- 
signees to tli'Mii, dated May 2(1. 1775. 

The mill i- <lcpi(*ted on the Montresor ])liin (1775) and on that 
of Holland (177()) in which year one William HavidsoTi wns pro- 
prietor. (.V. }'. (l(i^rffr,,Jiilii 20, 177(!). It In said to liaxc l)een 
used by the P>riti-;|i inN'adoi- atid to bo still standing after the 
Kevohition, the last relic (»f that kind of strnctnii' in the city. 
Tho mill disMpp<'afs from the map of 17S0 and later ones. 

Tho new seal of the city giantcd by .lames II in connnemoFa- 
tion of it.- '•onim<'rcial siiiucmafy in the millinij- indii-tr\ and of 
the bolting privilege whicli was contii'ined to it in HiS}, con- 
tained the foni- arms of the wind mill conjoined, a floni- bai'rel 
and tin- beavecs. This laltci- -ymbdl wa^ retaine*! from the 
l)iitrh Seal ef 1051. 'j'lie iMiglish seal is new that of the city 
with the exception ol the crown which was replaced by an eagle 
in i7H4. 

It sf'eins not only singular' hut i cmaikable that historians lia\e 
failed to gi\e attention to an industry so impoitant a-- that ahoxe 
narrated and which was o\' such early establishment on ear 

George Washington Custis Lee 

An Appreciation 
by w. gordon mc cabe, litt. d., ljj.d. 

General George Washington Custis Lee. born Sept. i6, 1832, died Feb. 18, 1913. 
was a life member of the Virginia Historical Society and the subject of the follow- 
ing eulogy presented by W. Gordon McCabe, the president of the society at the 
annual meeting held in the house of the Society in Richmond, Virginia, on Feb- 
ruary 24, 1914. In order to introduce the orator to our readers we will briefly 
add that he is the son of the Rev. John Collins McCabe and Sophia Gordon (Tay- 
lor) McCabe and was born in Richmond, Va., August 4, 1841. His father was a 
well known poet and antiquarian, and his mother a great-granddaughter of George 
Taylor, a signer of the Declaration of Independence, born in Ireland in 1716, died 
in Easton. Pa., Feb. 23, 1781. \V. Gordon McCabe was prepared for college at the 
Hampton Academy, where he won the gold medal twice and was graduated vale- 
dictorian of his class 1858. He was graduated at the University of Virginia A. B. 
185 1, aiid received the honorary degree of A. M. from William and Mary College in 
1868, from Williams College in 1885, that of Litt. D., from Yale in 1897, and LL.D 
from William and Mary in 1906. He was a soldier in the Confederate Army 1861- 
65 entering the rank as private and reaching the rank of captain of artillery in the 
3d corps. Army of Northern Virginia commanded by Lieut. Gen. Ambrose P. Hill 
and upon the death of General Hill, April 2, 1865, attached to the First Corps, 
Lieut. Gen. James Longstreet. At the close of the war he established the univer- 
sity preparatory school in Petersburg and Richmond, and conducted it successfully 
up to 1901. He was a visitor at the University of Virginia 1888-92, and vice-rector 
i892-9(); commissioner and director of the Jamestown Exposition, 1905-7; president 
of the Virginia Historical Society; president of the Virginia Society Sons of the 
Revolution, 1907-9; historian general of the General Society Sons of the Revolu- 
tion, iyo8-li; vice president of the Society Descendants of the Signers; president 
of the Society of the Cincinnati in Virginia; colonel commanding O. P. Hill Camp 
United Confederate Veterans in 1880 and again 1890-95; member of the Virginia 
Gettysburg Monument Commission ; president of the Program Battalion Associa- 
tion of Veterans and vice president of the Phi Beta Kappa college fraternity. The 
Union Club of New York clecterl him to membership as did the Westmoreland 
Club of Richmond. He married April 9, 1876, Jenny Pleasants Harrison Osborne. 
He translated from the German of Wilhelp Brambach Latin Orthn^raj^hy (1877) 
and is the author of Defense of Petersburg (1876) ; Ballads of Baltics and Bravery 
(1879); '*' Grammar of the Latin Language (1884); Jjilin Reader (1886); Cae- 
sar's Caelie War (1886) ; Virginia Schools before and after the Revolution (1890) ; 
Baem's Rebellion of 1676; Memoir of Joseph Bryan (1909). 

ONTjY a sinp^le life member of the Virginia Historical 
Soficty huH been lost to us since our last report one 
year a,i,^o, yet is the loss one that has brought such 
})oignant sorrow to kinsmen, comrades and friends, 
that despite the fact that lie has passed four-score and finally fell 
asleep full of honors, revered and loved by all who knew him, 



we scarce can measure in words our unaffected grief at the 
passing of so noble a life, though well we know such "Life is 
perfected Death." 

Outside his immediately family, few people, perhaps, might 
claim to know him intimately, yet, reserved as he wa^^, with a 
nameless touch of aloofness due to innate shyness, such was the 
compelling charm of his old fashioned courtesy, his ready sym- 
pathy with distress, his almost (juixotic generosity to those in 
need, that men and women instinctively came to love this gi'ave 
and silent gentleman, whose simplicity and kindliness uncon- 
sciously won their abiding (H)ntidence and regard. 

Probably, if the dead concern themselves at all with things of 
earth, he himself would prefer that his name should l)e passed 
over in silence and that no public utterance should vex the eter- 
nal quiet of "the keyless house." 

So long had he lived the life of a recluse, so persistently, in his 
later years, did he guard his seclusion from the outer world, that 
it is not improbable that few of the general public, outside his 
native State, knew that he was still alive. 

Vet, in his unobtrusive way, had he done much good service 
to nation as well as state, and, had fate willed that he should 
have been rated according to his great talents and varied 
a<MM>mplishm<'iits, had fortunt', in homely |)lnast', "given him 
his chance," certain it is that bis place in the wurld's eye bad 
been a very high one, and that his name would have been linked 
for all coming time with the irreatest of that noble sto<'k from 
which he sprnniT. 

lint the hatd liiilh i> that the malice ol" I'tntuiie ihd deny him 
his full "chanc**" — his 'heart's desire"- "most just and right 
desire" (in Shakespeaiiati phrase) and though many "hon- 
ors." as the world counts "honoi's," came t(» him in his long life 
— l*rofe>>()i- in \'iiginia'> t'anious niililar\' schnol rresideiit of 
a uMeal I'niversity — degrei's in plenty and honorary fellowshi|)S 
fr<tin univiTsities and learned so('ieti(»s at home and abroad - 
who of us that ofU'Fi looked upon the sweet austerity of that 
patrician t'ace, tonclied with gentle melancholy and trant|nil dig- 
nity who of n- that did not «livine that he himself, nnxlest as he 
was ton<-him,' hi> own abilities and deserts, felt in his "heart of 


heart" that his life was, what the French in pregnant fashion 
term, "Une vie manqueel" 

In the contemplation of his career, one cannot, indeed, es- 
cape the constant suggestion of the touch of tragedy, despite the 
lofty reflection of England's greatest laureate that the path of 
duty, firmly trod, is ever the way to real glory. 

Consider: he came of a great race— his name was the synonym 
of all that was highest and noblest, not in Virginia alone, but in 
the nation— he was a soldier born of soldiers, and, despite the 
fact that he was heir to a great estate, bequeathed him by his 
maternal grand-father, Washington's adopted son, he had delib- 
erately chosen the stem profession of arms as the calling closest 
to his heart— no strange choice for the son of Eobert E. Lee 
and the grandson of "Light Horse Harry." 

In June. 1850, when not quite eighteen, he entered the United 
States Military Academy at West Point, and, after four years 
of severest study (during which time he received not a single 
mark of demerit, so punctilious was his observance of all rules 
of discipline and duty), in June, 1854, was graduated first in 
his class. Just twenty-five years earlier, his illustrious father 
had graduated there second in his class, though it must be al- 
lowed that the class of '29 was far more distinguished for ability 
than the class of '54. For seven years thereafter, he served with 
marked distinction in *Hhe Engineers," the corps d' elite of the 
army, receiving repeated commendation from his superiors for 
skill in the construction of forts from the Atlantic Coast to the 
Pacific, and especially for his able work in river improvement- 
all of which led to his assignment to duty in the "Engineer Bu- 
reau" at the seat of government. 

Then came the Secession of the Southern States, when every 
Southern officer of the Array and of the Navy must needs meet 
the question whether to adhere to the Union, or to draw his 
sword against his native state. 

His father left him absolutely free of all influence of his to 
decide the momentous question. ' ' Custis, ' ' he writes to his wife, 
"must decide for himself, and I shall respect his decision, what- 
ever it is." 

But that decision was never for a moment in doubt, for there 


was bred in his bone the feeling of his grand-father, ''Light 
Horse Harry," who exclaimed, when the "Virginia and Ken- 
tucky Resolutions," foreshadowing Secession, were under dis- 
cussion in the Virginia Legislature, in 1798— ''Virginia is my 
country; her will I obey, however lamentable the fate to which 
it may subject me." 

When on May 25, 1861, the die was cast, and, resigning his 
commission in the army, he resolved to offer his sword to his 
mother-state, it is safe to say that all those who knew him best 
(including his father, ever temperate in his estimate of the abil- 
ities of oven his own sons) entertained no shadow of doubt that 
a brilliant military career lay open before him in the conflict im- 
pending between the sections. 

He was then in the very flower of his young manhood (not 
quite twenty-nine) and of high and imperturbable courage, as 
was to be expected of one of his "valiant strain." He had re- 
ceived, as we have seen, the severest professional training, was 
as cautious of judgment as he was sparing of speech, and even 
those comrades, who were resolved to oppose him, reckoned him, 
so we now know, as ideally equipped for the great business of 

Thus, he came to Kichmond in May of '61, eager to give proof 
in a cause he held most righteous of "the mettle of his pasture," 
and ahriost at once (oh! malicious fortune!) was assigned duty 
in KMcliinoiid, as aide-de-cam{) to I^rcsidout Davis, with the i-ank 
of colonel of cavalry. 

Had the assignment lasted but a single year, it had Ixmmi hard 
enough to a young soldier, who had inherited the old lighting 
Berseker blood, and wlio, though modest, was yet hut mortal, 
and eonid hut he conscious of his fltness to shaic with kinsmen 
and classmates the glories of that immortal aiiny, that was 
destined to write its name so often in the very "Temple of Vic- 

He had l(M»ke<l i'ov coniriiand in the field, hnt " I)is alifcr 7;w- 
uyn," and Mr. I)avis saw fit to retain him at the seat of govern- 
ment during tlie whole of those four eventful years. We do not 
know positively that the silent y(iung aide ev<'i- utter<'d one word 
of foirnal complaint. 


His habitual reticence was never pierced, save, perhaps, by 
one, and that one, his father. 

But is it not all easy to divine by those, who know the temper 
of his breed? 

Consider, again, what it must have meant to him to attend 
day by day confidential conferences at the Executive Mansion, 
while those, knit to him by blood or youthful friendships, were 
yonder ' ' at the front, ' ' winning high rank and dazzling a world 
with deeds. 

For the rank he cared no whit, for we have Mr. Davis's ex- 
plicit statement that he repeatedly offered him promotion (long 
before he finally consented to accept it), and that he as steadily 
refused it. ''The only obstacle to be overcome," writes Mr. 
Davis, "was his own objection to receiving promotion. With a 
refined delicacy, he shrank from the idea of superseding men, 
who had been actually serving in the field." 

It was said at the time, and is still constantly repeated, that 
he spoke to his father on the subject, requesting most earnestly 
field-assignment, and that the latter told him that his highest 
duty was obedience to the will of his superior. 

The story is, probably, as apocryphal as the letter alleged to 
have been written to him by his father when Custis Lee was a 
cadet at West Point, in which occurs the oft-quoted platitude -- 
"Duty is the sublimest word in our language;" a letter spurious 
beyond question, yet one that having caught the popular fancy 
is as hard to "kill" as the myth of "Barbara Frietchie," and 
destined, jio doubt, to as long a tenure of popular credence. 

True, he rendered eminent service in the position he held, 
and the President bears emphatic testimony to the great weight 
he attached to his sagacious counsel. Above all other members 
of his staff, Mr. Davis entrusted to him delicate missions (of a 
nature too confidential to be set down in writing) to his father, 
and to other generals commanding in the field. Much of high- 
est import to the future historian he could have told, after the 
war, touching these inside shapings of events, but, as might 
have been surely predicted of a man of his temperament, he 
would neither talk nor write about them, and their secrets died 
with him. ; 


But the position at best was a trying one, and no one but a 
soldier can fully understand what this enforced duty meant, 
as the heroic years went by, to a man of high spirit and con- 
siunmate military equipment. 

While, as said already, he cared little for the rank his class- 
mates and kinsmen were steadily winning, Custis Lee was too 
good a soldier not to care immensely for what that rank sig- 
nified. Above all, it must have been well nigh intolerable to 
him that, all question of rank and ''glory" apart, he should not 
be allowed to share their hardships and to brave with them the 
chances of honorable wounds and noble death. 

Of "the class of '54," whose highest honors he had achieved, 
the records show, allowing for deaths and resignations, that 
twenty-four espoused the Union side, of whom four fell in battle, 
the first to fall on either side being Lieutenant John Grebble, 
U. S. A., who, at the early age of twenty-seven, died a soldier's 
death at Big Bethel, fighting his guns to the last. Fourteen of 
that class, including Custis Lee, cast their fortunes with the 
South. Of these fourteen, four served on the staff and rose only 
to "field rank," while ten became general officers. 

Of the ten, eight (think of it!) yielded up their lives for hearth 
and home and country. 

'Tis a glorious roll, and we, the lingering few, whose humbler 
{)art it was to follow where these captains led, like Harry's vet- 
erans, on "8t. Swithiaii's day," still "stand a tip-toe," when 
that roll is called. 

Here it is in brief: 

"Jel)" Stuart, of Virginia, barely 31, yet Major-Cieneral and 
Chief of Cavalry of the "Army of Northern Virginia," mortaljy 
wounded yonder at Yellow Tavern, while staying with a hand- 
ful of t?()()f)('rs the enemy thundering at our gates. 

William I). I'ender, ol' North ('arolina, Major-lJeneral, though 
still in "the twenties," mortiilly wounded, while leading in, with 
all the fire of youth and skill of age, thr " Light Division" on ttie 
third day at Gettysburg. 

John Pcgrarn, of Virginia, "as full of valor as of kindness, 
princely in both," commissioned Major-Geueral, though the com- 


mission had not reached him, when he fell at the head of his Di- 
vision at "Hatcher's Run" in '65. 

James Deshler, of Alabama, Brigadier, who died in the fiery 
van of his cheering Texans on Chickamauga 's crimson field. 

"Archie" Gracie, born in New York, but adopted son of Ala- 
bama, Brigadier, who ever held his front with grim tenacity, 
instantly killed in the trenches of Petersburg. 

Horace Randall, of Texas, Brigadier, whose "vigor, energy, 
and daring" (to quote the words of Dick Taylor's official report) 
were everywhere conspicuous, mortally wounded in the battle 
of Jenkins Ferry, Arkansas. 

John T. Mercer, of Georgia, Acting Brigadier, who died sword 
in hand at the head of his stormers in the victorious assault on 
Plymouth, N. C. in '64. 

One other name there is— that of John D. Villepigue, of South 
Carolina, Brigadier, but already marked out for higher rank, 
who ill, yet refusing "sick leave," stuck to his men and died of 
exposure at Port Hudson, at the close of '62, yet not before hi^ 
sword had been forged to heroic temper by fire of battle at Fort 
Pillow, at Corinth, at Shiloh and elsewhere. 

Of the two survivors of these ten, both were of the same name 
—allied, indeed, in spirit, but not by blood— Custis Lee and, his 
junior by a year, Stephen D. Lee, who, like "Edward Freer of 
the 43rd," "could count more combats than he could years," and 
who, "with all his honor-owing wounds in front," closed hia 
brilliant military career as Lieutenant-General and Corps Com- 

Of Custis Lee's close kinsmen, liis younger brother, William 
Henry Fitzhugh, became Major-General of cavalry before he 
was 27, while his first-cousin, gallant "Old Fitz," Stuart's 
"right-bower" (as the latter loved to call him), became Major- 
General before he was 28. 

Such were the class-mates and immediate kinsmen of Custis 
Lee, who assuredly, had fortune given him his "heart's desire," 
had proved himself the peer of any of them. 

In June, 1863, Custis Lee, himself, consented to become Bri- 
gadier, having been placed in command, in addition to his staff 
duties, of the troops garrisoning the "Defences of Richmond." 


These ''Defences" he greatly strengthened with trained engi- 
neering skill, and so improved the discipline and general effi- 
ciency of the "heavy artillery" under his command, that, later 
on, in Oct. '64, he was raised to the rank of Major-General and 
assigned active command of all the outlying troops about the 
city, including the forces at Drewry's and Chaffin's Bluff. 

During the autumn and winter of that tragic time, when Lee 
with his handful of veterans of confirmed hardihood was still 
confronting the cruel odds of Grant with unabashed mien, Cus- 
tis Lee was repeatedly under fire and bore himself with the 
serene courage of his race. 

But the bitter end was fast approaching, and when Richmond 
was evacuated on the 2nd of April, 1865, and her garrison 
troops, under Custis Lee, taking the field as a skeleton Division 
in Eweir.s skeleton Corps, joined the gaunt remnant of the 
"Army of Northern Virginia" on the "Retreat," the hope of a 
successful issue of the desperate venture was, in truth, but the 
forlornest of "forlorn hopes." 

But his constancy shone out as brightly in the gloom as did 
his daring, and, though it was the irony of fate that his first 
battle should be his last (and that battle, like "New Market," 
a combat rather than a pitched fight), he fought his Di\dsiou in 
the disastrous affair at "Sailor's Creek" with such skill and au- 
dacity as drew from Ewell (dear "Old Dick," hero of a hundred 
fights!), in his official report, most emphatic and enthusiastic 

There on April 6tli, 1865, just throe days before "the Surren- 
der" at Appomatox, C. H., Ewell's force of 3,000 was literally 
surrounded by about 30,000 of the enemy's infantry and cav- 
alry and, after a stubborn resistance, in which the garrison- 
troops behaved with groat steadiness, was forced to surrender — 
Ewoll, Cu.stis Loo and four other general officers being among 
the prisoners. 

Tliis ended the military caroor of tlie j^oung soldier, who, we 
must allow, had tasted bnt bitterly of the meagre "clianco" giv- 
en by fate or I'ortnno or call it what you will. Of his civil life, it 
is needless to speak save in biicfost fashion, in (he antnnin of 
1865, ho was made "Professor of Civil and Military Engineer- 


ing and Applied Mathematics" in the Virginia Military Insti- 
tute. Here, possessed of notable powers of lucid exposition, he 
taught successfully for five years, resigning his chair at the be- 
ginning of 1871 to accept the Presidency of Washington and Lee 
University, to which he had been elected on the death of his 
father in October, 1870. This high position he held for over a 
quarter of a century, evidencing executive ability of the first or- 
der, and when, in 1897, owing to ill health, he resigned the head- 
ship of that institution, he carried with him into retirement the 
profound respect and deep affection of the whole academic body, 
professors and students alike. 

He was, by reason of his training, a strict disciplinarian, yet 
was this strictness so tempered by tact and kindly sympathy 
that he became the idol of the students, who constantly carried 
to him their little troubles and perplexities, assured beforehand 
of ready understanding and wise counsel. 

Removing to beautiful " E-avensworth, " the old Fitzhugh es- 
tate in J'airfax County, where lived the widow and sons of his 
brother. General W. H. F. Lee, he spent the remaining years of 
his life in scholarly seclusion, and it was there that he gently fell 
asleep on the 18th day of February, 1913. 

It may be added here that, during the long years when he had 
a house of his own at Lexington, and, indeed, afterwards at 
*'Ravensworth," he was the ideal host, full of delicate, unob- 
trusive previsions for the comfort and entertainment of his 
guests, charming them all, despite his habitual reserve when not 
under his own roof-tree, by his gracious manners, his quiet 
humor, and the modesty of his genial talk, which ranged over a 
wide field of intellectual interest, and evidenced a literary taste 
and critical perception most unusual in one, whose life had been 
so persistently devoted to scientific pursuits. 

Though it is not unlikely that the recollection of the untoward 
stroke of fate, that, in his younger days, had shattered his dream 
of military distinction, never faded from his mind, casting in no 
mean measure a shadow over his whole life, such was the inimi- 
table sweetness of his disposition that he never became embit- 
tered, nor could the snows of eighty winters ever chill the gener- 
ous impulses of a noble heart. As Sheridan said of Warren Has- 


tings, "his noble equanimity, tried by both extremes of fortune, 
was never disturbed by either," and, in contemplating the sac- 
rifices imposed upon him by duty and patriotism, which he ac- 
cepted with the unquestioning "humility of a high spirit," surely 
we may say with Lear, 

Upon such sacrifices 
The gods themselves throw incense. 

We have dwelt thus long upon his career because we hold it a 
part of the business of this Society to perpetuate, so far as may 
he allowed us, the names and virtues of its members as they pass 
away, and because we hold Custis Lee justly entitled to take high 
place beside the best and noblest of our "Virginia Worthies." 

Owing to his inbred shrinking from publicity of every kind 
and to his almost inpenetrable reserve, which not even the most 
persistent "interviewer" ever pierced, these few poor remarks 
will i)rol)ably constitute the sole memorial of him, though, of 
course, his name will live, in some measui-e, in the memoirs of 
his contemporaries, and especially in the intimate domestic let- 
ters of his father, in many of which, still unpublished, his name 
(as some few of lis know, who have had the privilege of reading 
them) finds constant mention. 

As we salute him with this halting "Jvc at(iuc rdic,'' we are 
sustained \>y the abiding remembrance that fi-om "the piiiiie of 
youth" to "the frosty, yet kindly, winter of his ag<', " he kept 
inviohite the chastity of a pure and stainless life, and that, with 
"soft invincibility," he I'emaiiied to the very end "the Master 
of his fate, the Captain of his soul." 

History of the Mormon Church 

By iiRiGHAM H. Roberts, Assistant Historian of the Ckurch 


Death's— Apostasies— ^' The New Movement"— Utah Mission 

OF the "Reorganized Church" — Prominent Visitors — 

Pratt-Newman Debate — Polygamy 

THE several years immediately preceding the advent 
of the railroad into Utah, witnessed the passing of a 
number of prominent officers and members from the 
service of the church, some by death, and others by 
the more regretable circumstance of apostasy. 

Of those who passed from the service by death were two 
noted women, Vilate Kimball, wife of Heber C. Kimball, and 
I^eonora Taylor, wife of Elder John Taylor. Both these sisters 
had been leading spirits in the earlier days of the church, in 
Kirtland and Missouri; also in Nauvoo and in the pioneering 
days of Utah. Both were types of the early womanhood of the 
church : noble minded, high spirited, intelligent, courageous, in- 
dependent, cheerful to spritliness at times, but profoundly reli- 
gious, capable of great self-sacrifice under the sense of religious 
duty; all which is demonstrated in the lives of these two, and 
practically in the lives of all the "women of Mormondom." 
Never was greater mistake made than when it has been sup- 
posed that the women of the Church were weak, and ignorant, 
and spiritless. Such religious movements as that which the 
world knows as "Mormonism," involving as it has done self- 
sacrifice, patient, heroic service, through trying years— through 
whole life times, in fact— cannot be maintained on the woman- 



hood side of it but by high spirited, virtuous women. ^ Such 
were the community of women of which tliese two were but types. 
Vilate Kimball was the type of x\merican born women of the 
Church ; the other, Leonora Taylor, the type of the foreign bom. 
Vilate Kimball died on the 22nd of October, 1867. She was 
the daughter and youngest child of Roswell and Susannah Mur- 
ry,2 born on the first of June, 1806, in Florida, Montgomery 
county, in the eastern part of New York State. She was mar- 
ried to Heber C. Kimball in her seventeenth year, and tlirough 
the long, toilsome years that lie between that event and her 
death — including the trying days of Kirtland, Ohio, Far West, 
Missouri, Nauvoo, Winter quarters, and the settlement of Salt 
Lake Valley, is a record of patient endurance, of cheerful faith- 
fulness, that gives its own proof of intelligent conception of 
(hity, of a highly noble character sustained by holy faith and 
trust in God, that marks oH this woman and those of which she 
is but a type, as objects of admiration — daughters of America of 
whom America may well be proud. At her death Brigham 
Young, who had known her through forty troubled, adventur- 
ous years, assured her family and friends ''that her life had 
been as honorable as any vjoman who had ever lived," and '*if 

1. I-orlniiatcly a volume lias hc'eii written upon "The Women of I\l<.rmon- 
dom," by Mr. F.dward Tullidgc, which notwithstanding that author's prcdeliction 
to intense (Iran. at ic, rather than to the historical style of writing, is a valuable 
contribution to Mormon literature. The key note of the volume is the vindication 
of the really high character of Mormon womanhood by the consideration of their 
lives and labors, their suffering and service in the founding of the New Dispensa- 
tion of the gospel of the Christ. The vohuiie consists of over five hundred and 
fifty pages It was pui)lished in 1H77, New 'S'ork. h'ollowing is the dasiiing preface, 
which reflects the sjiirit of the book. 

"Long enwugii, () Women of .Ani-jrica, liave yonr Morninii sisters been iilas- 
[jlienied ! 

"From the day that liny, in the name of the fiar of tlie l^ird tlieir Gotl, im- 
dertook to 'build uj) Zioii.' they have been persecuted for righteousness sake: 'A 
petiple scattered and peeled from the beginning.' 

"The record of their lives is now sent unto you, that you may have the op- 
portimity to judge in the spirit of righteousness. So shall you be judged ity ilini 
whom they have iionored, whose glory liny have souglil, and whose name they 
have magnifie<l." 

The Theology of the Hook, especially of Chai)ters XVI II, XIX and XX. can- 
not be aciepied as orthodox, nor representative of Mormon thiMight or dognii, but 
the historical facts of the volume, give the women of the Cliurch of the Latter- 
day Saints the vindication they were entitled to before the world. 

2. "The Murrys like the Kimballs, were of Scotch descent, .uid came to 
America during the 'Seven Y<ars' War ' As a race they were gentle, kind hearted, 
intelligent and refined, 'i'hrough many of them ran a vein of poetry. Vilntc her- 
self wrote tendf I anrl beautiful verses. Life nf ilclxr (' Kimball, by O. F. Whit- 
ney. iSHH, p. 25 


any person had found fault with her, it was more than he 
knew. "^ She was noted for great kindness of heart; for pa- 
tience, justice, and mercy, in tlie patriarchal family of her hus- 
band, and was the friend and confidant of his other wives and 
their children. At the funeral service of this woman nearly all 
the prominent Church leaders and their families were present; 
and her grief- stricken husband made the melancholy prediction 
that he would not long survive her. 

Leonora Taylor was the daughter of Captain George Cannon, 
grandfather of the Geo. Q. Cannon, frequently mentioned in 
these pages. She was born October 6th, 1796, at the town of 
Peel in the Isle of Man. From early youth she evinced a strong- 
ly religious nature, and in her actions sought divine guidance. 
It was the conviction received through prayer that "it was the 
will of God" that she should make the voyage to America, that 
led her, against the advice of many friends, to accept the posi- 
tion of companion to the wife of Mr, Mason, the private secre- 
tary of Lord Aylmer, Governor General of Canada. The resi- 
dence of the Masons was at Toronto and here in his capacity of 
class leader in the Methodist Church she met John Taylor. His 
first proposal of marriage she rejected, but afterwards in a 
dream, seeing herself associated with him in his life-work, she 
became convinced that he would be her husband, and when a sec- 
ond time he proposed she accepted him. Leonora had enjoyed 
exceptional advantages in life. Her parents dying while she was 
quite young the old family estate at Peel was rented to stran- 
gers, but she became an inmate of Governor Smelt's family, re- 
siding in Castle Ruthen, Castletown, Isle of Man, where she fre- 
(jueutly met with many distinguished people from England. She 
was refined both by nature and education, gentle and ladylike in 
manner, intelligent, gifted with rare conversational powers and 
withal beautiful in person as in mind. These graces, however, 
were for her intimate acquaintances and friends. In mixed 
companies she had but little to say, unless drawn out, for she 
was of a retiring, and diffident disposition. She died of pneu- 
monia on the 9th of December, 1868. **Thus passed away from 
our midst," said the chronicle of her death, **a virtuous, faith- 

3 Life of Heber C. Kimball, by O. F. Whitney, p. 485. 


ful wife, a kind and affectionate mother, a steadfast fiiend, and 
a faithful saint. "^ 

Of woman, and of womanliness, \vh;ii cnn l)e said more? 

Neither Leonora Taylor nor Vilate Kimball were prominent 
in public life. The quiet social circle of intimate friends, and 
pre-eminently in the home circle, as confidants and counselors of 
their husbands; as the mothers of their cliiidren and the leading 
spirits of their households were they distinguished; these were 
Ihe spheres of their activities, the scenes of their triumphs; and 
therefore are they the inore typical of T^.lormon womanhood, in 
general, than their sisters, who of necessity, — and worthily and 
honorably, -have engaged in public service, through tlie wo- 
men's auxiliary organizations of the Church; for primarily and 
largely, though not exclusively, the social and domestic circles 
are ri'coguized in the Church as the natural si)heres of woman's 
chief activities. 

Of the ])rominent men ]iassing in this i)eriod the first was 
Heber C. Kimball, first counselor to lirigham Young in the First 
Presidency. He died on the 22nd of June, 18()S — eight months to 
the day from the death of his wife, Vilate. His death was sup- 
erinduced by a severe fall from his carriage, which accidentiilly 
in the night was driven into a ditch, N'io'ently thi'owing its occu- 
pant to tlie ground. "This accident, though he partly recovered 
from its efTc'cts," says his biogj'apher, "was the immediate fore- 
rumicT' of liis fatal sickness." lie has already been iVeiiucnt ly 
nuntioncd in these pages, and aj)peais as the jHTsonal friend of 
.Joseph Smith the Prophet, and of Bi'igham Young; also as coun- 
self)r and associate pioneei- with lirighain ^'onng in the journey 
fiotn Xanx'oo to the Salt Lake \"a!lc} ; and as the lii'st apostle 
to oiM'i) the door of the gospel in a foi'eign land in the New Dis- 
p<Misation the fonndei" of the British Mission. It was a great 
work he a<'''ornplished in lilr, a noble life that he led. lb' was as 
st^'ilwaiM. in spiiif as in hody, a faithfnl, rai'iK'st, disciple (»!' the 
New Dispensation, of the kind ot" disciple whose intensity of 
faith and zeal ar<' so necessaiy, especially in the coinnienceinent 
of great Fnovernenis, in tin* fonnding of new systems, or the 

4. Prsrn-I Xrws of ]^rc 14, lfV"«8: .ilsn T.ifr of }oh\\ T.iylor, riinplci TTT, 
ft passim. 


bringing forth of new dispensations out of the old and eternal 

Following the death of Heber C. Kimball came that of a man 
no less remarkable, Daniel Spencer, the first president of the 
Salt Lake Stake of Zion, his presidency running through the 
years from 1849 to the day of his death which occurred on the 
8th of December, 1869, The continuance in that presidency was 
interrupted by a mission to England from 1852 to 1856, during 
which time he acted as counselor in the European Mission ; but he 
resimaed his office in the Salt Lake Stake on returnina- to Utah. 
Of him I have already spoken in these pages in connection with 
the early judiciary history of the State of Deseret and the Ter- 
ritory of Utah ; and how his ecclesiastical court, the high council 
of the Salt Lake Stake of Zion, was sometimes preferred by 
passing California emigrants to the civil courts; and of the sub- 
stantial justice that characterized his decisions. He was a man 
of a high sense of honor, as irreproachable in character as in 
conduct. Daniel Spencer was of Revolutionaiy ancestry. His 
father enlisted early in the struggle for American freedom and 
continued in the service to the close, being among those in Wash- 
ington's body guard who witnessed the surrender of Lord Corn- 
wall is at Yorktown.^ In education, in refinement of nature and 
conduct, in character, and in service achievement, the Spencers 
were a family of which any movement, political or religious, 
might well be j)roud ; and in that family Daniel Spencer was a 
princely representative. 

On the 3d of September, 1869, Ezra T. Benson, one of the 
quorum of the Twelve Apostles since the summer of 1846, died 
very suddenly of something like heart failure.^ He, too, came 
of a Massachusett family. His labors from the days of Nauvoo 
until the time of his death identified him with the general inci- 
dents that mark off the pioneering period of the Church, his last 

5. See chapter LXXIX this History Americana for Jan., 1913. Also Biograph- 
ical sketch of Daniel Spencer in Jensen's L. D. S. Biographical Encyclopedia, Vol. I, 
pp. 286-9; a"d in Whitney's Hist, of Utah, Vol. IV, pp. 87-90. President Young 
said of him at the funeral services — "He has been faithful in this holy war [having 
reference to Elder Spencer's labors in the New Dispensation]. He instructed all 
with whom he met in the way of life. He never gave coimsel, but what marked 
tiie way to life everlasting." Deseret News of Dec. 16, 1868, p. 353. 

6. See account of in Deseret News, Weekly of Sept. 8th, 1869. 


great work boiiig the fiilfillirieTit of the contract for constructing 
the (Central Pacific Railroad grade from Humholt Wells, Ne- 
vada, to tlie Junction of tliat road with the Union Pacific, a 
contract he executed in partnership witli Lorin Farr and Chaun- 
cy W. West. This man also was an earnest, faithful disciple, 
though his zeal found expression in physical y)ioneering activities 
rather than in woi'ks of scholarship and doctrinal exposition. It is 
to be observed that in the obituary notices and the remarks at 
the obsequies of these pioneers in the New Dispensation, notice is 
taken of the fact that inroads were rapidly being made on 
the baiul of mow and women who knew and were asso- 
ciated with the I*rophet Joseph Smith, in the early days of the 
Church. Inroads which by now (1914) have removed nearly 
every irian and woman who ever saw the Prophet, much more 
those who work(Ml with him in the New Dispensation; the latter 
have all departed; the remaining few of the former class will 
also soon have passed away. 

Those who wei'e lost to the (Tiurcli in this period tJirough 
apostasy were a coterie of rather able, and some of them bril- 
liant men ; W. S. Godbe, E. L. T. Harrison, KVi K. Kelsey, Henry 
W. LawHMicc, Kdward W. Tullidge, T. II. B. Stenhouse, W. H. 
Sherman. .Ml these men weic prominent in the coimnunity life 
of Utah. .Messrs. (Jodbe and Lawrence woro prosperous mer- 
cluints of Salt Lake (-ity, and Ih)1,Ii active in Church sei'vice, 
(lodlx as a President in the council of one of the (jUoiMim of 
seventy, a hody of the priesthood, it will he remembered, devoted 
especially to the propaganda activities of the ('hui-ch; Mr. Law- 
rence was a bishop's counselor, Messrs. liaiiison, Kelsey, Sten- 
luMise and Tullidge: weic all nienihei-s of the Se\'ent\ 's organiza- 
tion, and were nu'ii of moie t.lian average literary ability. .\lso 
they w<'re men against whom no change of irregularity ol" life or 
immorality was made, it was, sd far as their trial an<l excom- 
jnunication was concerned, puidy a matte!' of being recalcit I'ant 
t(» the authority and policy of the ('Imrcli. lu'ally and truly, so 
lai' as the pi"ime movers were concerne<l. Mrssrs. (io(ib<' and 
Harrison and some of the others it was a matter of having 
lost faith in the mission and aulhoiily of the ('lini'ch. despite all 
pi'etensions to tli<' contr'ai'y, that led to thcii recalcitrance and 


its consequences. There are two historians of this ''Godbeite 
Movement" — if "movement" it may be called— Edward W. 
Tuilidge and T. H. B. Stenhouse. According to the latter, who 
is the more reliable in accuracy of statement, the ''movement," 
had its origin in the following facts: 

In the suimner of 1868 Mr. Godbe in his capacity of merchant 
made his annual visit to the east to purchase his supply of mer- 
chandise accompanied by his friend Mr. E. L. T. Harrison. The 
latter was an architect by profession, but had been engaged for 
some time in a literary venture in partnership with Mr. Tlil- 
lidge, publishing the Utah Magazine, which venture, owing to the 
very limited community in whicli it was published, was fast 
hastening to a disastrous ending; and the visit to the east, on 
the part of Mr. Harrison, was in the nature of a vacation from 
the care and worry of publishing the magazine. En route for the 
east the two friends had time for reflection and the opportunity to 
compare their conclusions. ' ' Both of them had struggled to pre- 
serve their faith in Mormonism," says Stenhouse, "but the con- 
tents of the Book of Mormon, critically viewed, was a terrible 
test of credulity, and many of the revelations of 'The Lord' sav- 
ored too much of Joseph Smith, and abounded with contradic- 
tions, and were very human at that. As for Brigham, 'he was a 
hopeless case; many of his measures were utterly devoid of even 
commercial sense, and far less were they clothed with divine 
wisdom. In all his ways, he [Brigham] was destitute of tlie 
magnanimity of a great soul, and was intensely selfish.' To 
their developed intellects now, Mormonism seemed a crude jar- 
gon of sense and nonsense, honesty and fraud, devotion and 
cant, hopeless poverty to the many, overflowing wealtli to the 
favoured few— a religion as unlike their conceptions of the teach- 
ings of Christ, as darkness is to light. "'^ 

This statement of facts Mr. Tuilidge carefully omits where he 
quotes Mr. Stenhouse 's account of the inception of the "Move- 
ment," and he nowhere states it in his own idealized account of 
the "movement."* It is a verv serious omission because the 

7. Rocky Mountain Saints, p. 630. 

8. "The Godbeite Movement," Tullidge's Quarterly Magazine, Oct., 1880, pp. 
15, 16, et seq. 


mental attitude of these two leaders in the inception of their 
work determines the quality of the whole movement. They were 
far advanced in apostasy from the faith when making this east- 
ward journey. Mr. Stenhouse represents that they were con- 
scious of this condition: "They discovered, clearly enough," 
he writes, "that they were— in the language of tlie orthodox— 
'on the road to apostasy,' yet in their feelings they did not want 
to leave Mormonism, or Utah." There followed a great mental 
struggle, which on arriving in New York, and being comfortably 
located in their hotel, they resolved to seek a solution to their 
perplexity in prayer. While praying "a voice spoke to them, 
and made some communication upon the subject which most in- 
terested them. ' ' After this first experience Mr. Harrison form- 
ulated a series of question," and in the evening by appointment 
"a band of spirits came to them, and held converse with them as 
fi-iends would speak with friends. One by one the questions pre- 
pared by Mr. Harrison were read, and Mr. Godbe and Mr. Har- 
rison, with pencil and pa[)er took down the answers as they 
heard them given by the spirits." "This is their statement," 
says Stenhouse, "and they firmly believe it"**— the account was 
published while the gentlemen were still living. 

"With these 'communications' was given much information 
about Mormonism, how it originated, and how Joseph Smith 
had, by reason of his surroundings, his lack of education, the 
traditions of ])ast ages, and tiic ciiiTcnt ideas of Christendom, 
turned his 'mediumistic' experience into tli<' cburch-kingdom- 
biiilding scheme that is known in Utah. What was true about 
MoinionisMi, they w(M'(^ told, should be presei'ved, and what was 
false should be i-ejected. '"'^ 

With this known, Jis the revised conception of Mormonism by 
these gentlemen, the student of this "movement" will be able to 
lightly ass<'ss th(^ value of such claims as tiiey subse^iuently 
made about. " tlieif standing in the ( 'h arc h hciiuj ({cur (d ///r/y/,- "" 

9. Rocky Moniil.-iiii S.iiiits, p (^\i. 

10. Hid 2.12. 

II "We d.iim llif rij^lil of rc^pcrt lnll\ Uit fri'cly disriissiiif^ all measures 
iil)()ii whiili we arc railed t<> art." said the wtittcn and sij^ncd stalciuciit of (iodbe 
ami llarriscm at the (rail for their f<llowship "And if vvc arc cut off from the 
('hiirrh for asserting this ri^ht, ichilr our sUimiinf^ is .still drur to us, we will suffer 
it to Im- taken from us scMincr than resif^n ihe lilxrlies of thont^hl, vie, etc. ("The 
fjofllx-ilc Movement" Tidli'lKc's (Jiiarlerly Magazine for October, lK8o. p. 25). 


and also of Mr. Godbe's signed statement, wherein he says: 
**With regard to apostacy, "— with which he was charged, he 
said: "I hnoiv myself to he wJwlly innocent; the truth of which, 
God in the early future will make fully apparent. "^^ Also the 
student in the light of these facts will be able rightly to estimate 
the value of Mr. Tullidge's statement that the "Godbeite move- 
ment was a revival of the Messianic and Millenial spirit among 
the Mormon people, who were chosen to open the dispensation 
forty years before, but who had come so very nearly losing it 
altogether. "^3 

Returning to Utah the New York experiences of Messrs. God- 
be and Harrison were detailed to their particular friends Kelsey, 
Lawrence, TuUidge et al. '* Believing that Brigham" continues 
Stenhouse's ac-count of the movement at this point, "had set out 
to build up a dynasty of his own, and that he like David, the 
king, looked upon the people as his heritage, these four Elders 
(Godbe, Harrison, Kelsey and Tullidge) resolved to sap the 
foundations of his throne, and place before the people the best 
intelligence they could command to enable them to realize their 
true position."^* This intention in confidence they conveyed to 
Henry W. Lawrence, who ''gave valuable material support" to 
the movement. The Utah Magazine which before this was fast 
hastening to an inglorious close, was given a new lease of life 
and pressed into service. The plan was to have articles appear 
in this magazine from time to time which in an insidious way 
would indirectly attack the policies of President Young, in the 
hope that a popular sentiment might be created against, and 
overthrow them, and with them destroyed the dominating influ- 
ence of the President himself.^^ While this scheme was develop- 

12. Ibid, p. 40. 

13. Ibid, p. 16. 

14. Rocky Mountain Saints, p. 632. 

15. "Not a word was ever said against Brigham or the faith ; no fault was 
found with any one or anything, but y/eek after week the whole strength of four 
vigorous pens was let loose upon the ignorance and superstitions of the age. Brig- 
ham had instilled into the rninds of the Saints that the world was degenerating to 
an end, propelled by lightning speed ; Kelsey, without ever squinting at the Pro- 
phet, wrote the history of the past, and showed 'How the World had Grown'; 
Tullidge resuscitated the 'Great Characters of the World,' and without once al- 
luding to Brother Brigham, dwelt upon a philosophical faith; and Godbe exhibited 
the possibility of honest error. With such minds at work, and with such a field 
for labour, and innumerable subjects to handle, the writers had only to study cau- 
tion and prudence. * * * Some very pungent articles had been published in the 


ing severaJ of those engaged in it were called upon missions, 
namely, Mr. Harrison, to England ; Mr. Kelsey, to the Eastern 
states; and Mr. Sheraian elsewhere.^*^ This doubtless in the hope 
that renewal of the missionary spirit would stay the spirit of 
apostasy which began to be manifested in the writings of these 
brethren in the Utah Mcifjazine; but the missions were declined. 
The opposition of this coterie touched the policies of Presi- 
dent Young and of the Church at several points. The approach- 
ing railroad would bring goods from the east at greatly reduced 
prices as compared with goods manufactured in Utah. If the 
home manufacturers were to be maintained, then the cost of 
production must be lowered, both by improved methods of 
production, ^^ and especially at the point of wages. Accordingly, 
at the School of the Prophets, held in Salt Lake City on the 
4th of July, 1869, a committee-man from each of the trades was 
elected to submit to the trades, the proposition of reducing the 
wages of mechanics, that Utah might be able to compete with the 
manufactures of the states. "^^ This effort to lower wages was 

Majiazinc, that liad awakened attention, and in some measure they had foreshad- 
owed a purpose on the paft of the writers to judge of the teachings and measures 
of Rrigham Young as they would those of any other man ; but of the true nature 
of the 'movement' they were inaugurating, nothing had been fairly stated. The 
writers at first only aimed to provoke the people to thinking." (Rocky Mountain 
Saints, pp. 63.?. 637). 

16. TuUidge Quarterly Magazine, October, 18H0. 

17. On this particular point the Deseret News editorially made the following 
sensible remarks in the nature of a warning to home manufacturers: "By the com- 
pletion of the railroad we are going to be brought into competition with our 
neighbors cast and west in all branches of production and mamifacture. In view 
of this our mechanics must arrange m;ilters in such a manner that they can com- 
mand the trade of the Territory. If their methods of labor and manufacturing 
are slow and expensive, they nuist avail themselves of machinery, and the various 
aids which nun in their branches of business use in the east and west : for if they 
do not produce as good an article at as low a price, as it can be brought here from 
other places, they will be likely to find the market stocked from abroad and tiieir 
wares will go begging. We have men among us, though they are not numerous, 
who, if they can make Iwenty-fivc cents by bringing an article from abroad do not 
hesitate to send for it in preference to purchasing a home manufactured article of 
the same (piality. To control this market, therefore, those who manufacture and 
produce, must do so at rates so favorable that nothing in their line produced or 
mannfactured elsewhere can find sale here except at a loss. The tariff on freight 
brfjugbt from the east or west answers as good a purpose as .a protective duty, and 
we will l)e highly culpable if we do not take the necessary stei)s to supply ourselves 
from our nvvn productions and manufactures to tlie extent of o ir power," (Des- 
eret News of Marcii 3rd, i86q.) . 

iK Hist ol Rrigham Yoinig Ms. entry of July 4tli. i^<><). P- 50^ ''it' subject 
is referred to in the brief minutes of the school in the same record at p. 63S. 
wlurc refcriMice is made to the report of the committee ai)pointed being read: 
Again at () Sj3 The "School of the Prophets" was a select gathering of the 
brethren of the ))riestbood. meeting regularly throngh these years to be taught in 


seized upon by the Godbeite writers in which they posed as the 
champions of the wage earners, and resented what they alleged 
to be an attempt 'Ho fix the rates of wages" by the "m^n who 
paid the wages and not the men who received the wages, "^'^ 
ignoring altogether the fact, quoted above, that it was a commit- 
tee composed of one member from each of the trades to which the 
subject was referred by the School of the Prophets for consider- 

Although the Utah Magazuie had for some time "vigorously 
and enthusiastically sustained the cooperative movement," dur- 
ing the absence of Harrison and Grodbe in the east, yet its support 
was soon withdrawn from this as from the other policies of the 
Church.^^ Henry W. Lawrence, who was early informed in 

the doctrine of the gospel and in the policies of the Church. Admission was by 
card and the sessions confidential. Here questions of practical afifairs as well as 
of theological importance were freely discussed and instruction and council given 
according to the wisdom of the assembly or the presidents thereof. Hence the 
action named m the te.xt above with reference to the question of wages and trade 
and manufactures. 

19. TuUidge's Quarterly Magazine, Oct. 1880, p. 18. 

20. After several sessions devoted to the subject, including discussion of 
the resolution submitted by the committee to the School, it seems to have been 
determined not to attempt to settle the rate of wages by convention, but to leave 
it to the adjustment of natural trade forces. See the citations in note 16 this 
chapter; also TuUidge's Quarterly Magazine as above, pp. 18-22. TuUidge's charges 
that George Q. Cannon, then Editor of the Deseret News threatened that Chinese 
labor would be brought into Utah if the "working men did not come to terms." 
Mr. Cannon in several editorials discussed the question of Chinese labor in Cali- 
fornia, and rather in a tone that sympathized with the Orientals; but at no point 
did the editorials amount to a threat to Utah workmen. I presume the passage 
Tullidge had in mind would be the following: "There is probably no people on the 
continent who are likely to be less disturbed or affected by the introductoin or 
non-introduction of this element than the people of Utah. If the people act with 
the imion and wisdom which have heretofore characterized their movements, they 
are and will be safe from all disturbance. There is no class, American, European 
or Asiatic, the influx of which can harm them. If they act wisely, and in accord- 
ance with the counsel which is given, they can sustain themselves and be as inde- 
pendent as any commimity in the world. It is the union of the people which has 
produced the remarkable results that are everywhere apparent in this Territory, 
and that concert of action, carried out and maintained in all the details of labor, 
will give us continued supremacy. (Deseret Neivs of July 14th, 1869). See also 
NeiiJs Editorials of May 26th and Jtme 30th, same year. 

21. See TuUidge's Hist, of Salt Lake City, p. 401. The Utah Magazine was a 
weekly periodical, the literary successor of the "Peep O. Day," the latter being 
an experiment by Harrison and Tullidge to make literature a profession in Utah; 
but meeting with insuperable difificultieS; — among which were a limited community 
from which to draw subscribers ; and paper at sixty cents per lb., and some times 
not to bo had at that price— it failed. Then came the Utah Magazine in January, 
1868, started for the same purpose; it was to be a magazine of general literature, 
with Wm. S. Godbe as its patron, Eli B. Kelsey as business Manager, E. L. T. Har- 
rison as Editor. It was started with the approval of President Young, though he 
expressed himself doubtful of its success as a financial venture. The Deseret News 
on receiving the first number said that it was an enterprise worthy of commenda- 


confideDce, of this "New Movement;" and gave to his friend 
Godbe valuable material support, and became an important fac- 
tor in the plans of the movement. He resigned as a director and 
withdrew his capital ($30,000) from Z. C. M. I.^^ It was planned 
for one of the writers of the magazine— Mr. Tullidge— to 
resuscitate the "Great Characters" of the world; "and without 
once alluding to Brother Brigham, the contrast was to be to his 
disadvantage." In like surreptitious manner the doctrine of 
obedience to the church as taught by Brigham Young was as- 
sailed; Harrison dwelt upon what he and his conferrers re- 
garded as a philosophical faith, but which neither in premises 
nor conclusions was 'Mormonism'; "and Godbe exhibited the 
possibility of honest error. "-^ Finally the Magazine, in an arti- 

tion and support;" and further of its character — "The Utah Magazine, in its first 
number, presents a very attractive appearance, more so than could have been ex- 
pected considering the difficulties the editor had to encounter in procuritig type, 
etc. The articles — original and selected — are excellent; and the paper may claim 
to be a valuable addition to the literature of our Territory." (Deseret News — 
Weekly — Jan. 22nd, 1869). When the Utah magazine was enlarged and assured 
of prolonged life the News not knowing, of course, the secret intention of its pro- 
prietors to make it a periodical with a mission, and that mission anti-Mormon in 
spirit, but still regarding it as an honest effort in the direction of general litera- 
ture — again made favorable mention of it in its new and enlarged form (Sec 
Deseret News of May 5th, — Weekly — i86q). The magazine in all ran through 
two series and three volumes, when it was succeeded by the "Mormon Tribune." 

22. "At the every time when this organization was formed ( i. e. Z. C. M. I., 
which began its career ist of March, i86g), the 'New Movement' had already been 
resolved upon; so that though Henry W. Lawrence put $30,000 into the Z. C. M. I.," 
and became one of its directors, he was, to so express the historical complexity, 
a 'New Movement leader.' So writes Tullidge; and as if in apology for this 
"historical complexity." he adds: "The force of circumstances in those times com- 
pelled us all to wait f^r the development of events which depended upon the action 
of i'residenl. Young himsilf." (Sec Tullidge's Quarterly Magazine, Oct., iS8o, p. 17: 
also p 42. Tullidge's Hist, of S. L. City, p. 401). And hence we have both men and 
a magazine jxjsing in one capacity and acting another; all which will make it very 
difficult for Mr. Tullidge, one of the historians of the movement, to maintain liis 
proposition that there was "no conspiracy in the dark .against Brigham Yovuig;" 
but a "social revolution was forced upon these 'Reformers,' 'by coming events.'" 
Tidliflge's Qu.'irterly M.ig.izine. p. iH. 

23. The Godbeitc Movement, 'I'uUidfie's (Juarletly Muiinctiie, Oct.. 1880. pp 
15, 16. (iodbe's "possibility of hoiusi error." became a c.itcb phrase during and 
after the trial of these men for their fdlowsiiip. "We en(|iiired" says Harrison in 
a note on the trial, published by Tullidge. "Wliether it was not possible for us to 
hotiestly fliffer from the presiding, priesthood, and were answered thai such a 
thing was impossible. 'We might as well ask whether we could honestly differ 
from the Almighty' Against this excess of authority we solemnly i)rolested." 
(Ibtd, p. 32). This answer to the dissenters was alleged to have been made by 
Geo. Q. Cannon; it is therefore pr(()er his version of that matter !)<• given "A 
friend wished to know wlu-thcr we had s.iid that we considered an honest 
difTercnce of opinion between a menifxr of the Clnirch .and th<' .inlliorities of Ific 
Church was apostasy, as he s.iid, we Ii.kI been credited with h.iving made a state- 
ment to this efTect. We replied we had not stated that .in honest difTerence of 
opinioii between a member of the Church and the authorities constituted apostasy; 


cle on the ''True Development of the Territory," came out in 
bold opposition to President Young's policy of mining for the 
precious metals in Utah; the policy that discouraged develop- 
ment of such mines, lest it should attract to the Territory the 
floating, adventurous, half desperate, and somewhat lawless 
population of the west, then roaming from mining camp to min- 
ing camp in pursuit of large and sudden wealth. It mattered 
not that the argument advanced by the Magazine was economi- 
cally sound, viz. that Utah's greatest natural resource, in which 
she could best compete with other states in the race of material 
progress, was by the development of her stores of mineral 
wealth. The question from Brigham Young's standpoint and 
the other Church leaders associated with him, was not one of 
material prosperity, but one of community preservation— the 
preservation of the Latter-day Saints as the dominating factor 
in the Territory until they should be so established as a people 
that they could not be removed, or overslaughed by the influx of 
a population of different ideals, and asperations— a population, 
in this instance, whose God was gold, not Jehovah; whose aim 
was large and sudden wealth— not the founding of a city or of 
a commonwealth whose builder and maker is God. The aim— one 
may say the life-aim— of Brigham Young was to see the Latter- 
day Saints become a great and a mighty people in the midst of 
the Rocky Mountains— in other words, to fulfill the prediction of 
Joseph Smith on that head. Clearly it was not for these men- 
self -styled and self-appointed reformers— to undertake to 
change a policy deemed so vital to the community's interest on 
their own initiative, so long as they professed allegiance to the 

for we could conceive of a man honestly differing in opinion from the authorities 
of the Church and yet not be an apostate ; but we could not conceive of a man pub- 
lishing those differences of opinion, and seeking by arguments, sophistry and spec- 
ial pleading to enforce them upon the people to produce division and strife, and to 
place the acts and counsels of the authorities of the Church, if possible, in a wrong 
term. We further said that while a man might honestly differ in opinion from the 
authorities through a want of understanding, he had to be exceedingly careful how 
he acted in relation to such differences, or the adversary would take advantage of 
light, and not be an apostate; for such conduct was apostasy as we understood the 
iimi and he would soon become imbued with the spirit of apostasy, and be found 
fighting against God and the authority which He had placed here to govern His 
Church" {Dcseret News Editorial, — Geo. Q. Cannon, Editor — impression of Nov. 
3rd, 1869). 


It was evident by the publication of this article on the "True 
Development of the Territory,"-* that the point of rupture be- 
tween this group of malcontents and the Church had been 
reached. They were all members of the "School of the Pro- 
phets. ' ' Of late they had been neglectful in attendance upon its 
sessions ; and on the 16th of October, 1869, the course they had 
been pursuing was considered and they were disfellow shipped 
from the Church until they appeared and gave satisfactory rea- 
sons for their irregular attendance upon the School.^^ 

At the next session of the School of the Prophets not only ir- 
regularity of attendance upon the School's sessions but the 
whole attitude of these "reformers" as expressed in recent ar- 
ticles of the Utah magazine was discussed ; and became of defiant 
adherence to the systematic opposition of the recent Utah Mag- 
azine articles, those who persisted in that adherence were re- 
quired to give up their tickets of admission to the school,^® while 
Godbe and Harrison were cited before the high council of the 
Salt Lake Stake of Ziou for trial upon the charge of apostasy. 
Before the high council the fact of apostasy was too apparent to 
require long discussion. Indeed the proceedings scarcely took the 
form of an examination and trial. The men arraigned took occa- 
sion to read a series of resolutions which were both a protest to 
the administration of President Young, and an outline of a pro- 
posed reform program, what TuUidge characterizes as declaring 
"a rival mission" to that of Brigham Young, and concedes that 
there was nothing "for the high council to do but to excommuni- 
cate these men of a rival mission.' "■^'^ The high council voted for 
their excomnmnication, and because Eli B. Kelsey voted against 

24. lliL- piihlicatioii of this article gave very great satisfaction to the Gentile 
population of course. Aii\- thin^^ lliat gave evidence of a break in the unity of the 
Saints was api>laii(le(l l)y tliem. "Yon hoys have struck the blow in tlie right place." 
ohserved Mr. J R Walker. "'I'he agitation for the opening of the niines was the 
'right (>lace' for Utah's social re<ieini)tion," continues Mr. Tullidge's account, 
"therefore had we struck there first before |)roclairning any spiritual or religious 
movement." "The Codbeite Movcnu-nl," Tullidge's Quarterly Magazine, Oct. 
1880, p. 28. 

25. //'It/, p. jH, wlure the lunnal iiDlitication of the action from the secretary 
will be found. 

26. Those who surrendered their tickets were William S. (Jodbe, IClias L. T. 
Harrison. Henry W. Lawrence. bVed T. IV-rris, ICdward W. rullidge and John 
Tullidg.'. Hist. "Godbeite Movement," T\illidge's Quarterly M.iga/ine, p. 31. 

27. Tullidge's Quarterly Magazine, Oct., iS8o. p.. 31. 32. The Protest of 
Godbe and Harrison also appears in the same Tullidge article, pp. 34, 35. 


the high council 's action, and because at every point he had shown 
himself in complete sympathy with these dissenters, his name 
was included with theirs in the excommunication. Very soon 
afterwards Henry W. Lawrence, T. H. B. Stenhouse, William 
H. Sherman, and Edward W. Tullidge, were added to the list of 
the excommunicated dissenters. In addition to this act of excom- 
munication the Utah Magazine was condemned as " a periodical 
that in its spirit and teachings is opposed to the work of God. 
Instead of building up Zion, and uniting the people, its teaching- 
would destroy Zion and divide the people; . . . therefore 
we say to our brethren and sisters in every place, tlie Utah 
Magazine is not a periodical suitable for circulation among or 
perusal by them, and should not be sustained by them. "^^ 

After this the opposition of the dissenters was more pro- 
nounced. Public meetings were regularly held on Sundays, and 
a rival church, with a ministry, and a re-stated faith, was to be 
promulgated. "A great and divine movement was at hand; the 
church would find its second birth and commence a new era in 
her career." The name of the New Church was to be styled 
*'The Church of Zion;" the ordinances and principles were to 
remain "in tact as at present;" no priesthood or standing in the 
church would elevate the possessor, or obtain for him any dis- 
tinction in the sight of God; all was to be very democratic, very 
just, very charitable, very saintly, and very easy. The burdens 
of tithing lightened and made to fall chiefly upon the rich ; and 
the practice of plural marriage, not to be abandoned, was to be 
placed upon 'Hhe highest grounds." Who the head of the 
Church would be in this "New Era," Messrs. Godbe and Harri- 
son claimed not to have the prerogative to say, further than to 
announce that God would "produce the proper man in due 
time ;" and that he would be neither of them.^^ The proper man, 
however, did not appear; the "movement never materialized 
into an organization." In a short time the fires of enthusiasm 
for reform began to bum less fiercely, to smolder, and finally to 

28. Deseret News of Nov. 3rd, 1869. The article was signed by Brigham 
Young, Geo. A. Smith, Daniel H. Wells, Orson Pratt, Wilford Woodruff, Geo. 
Q. Cannon, Joseph F. Smith. 

29. All these ideas and announcements through "manifestors," "platforms," 
creedal declarations, etc., will be found in Mr. Tullidge's History of the God- 
bcite Movement in the Quarterly Magazine bearing his name, Oct., 1880. 


die out. The "reformers" turned each to some secular pursuit, 
^nd the Church was permitted to pursue tlie even tenor of its 
way, unhampered by the unfriendly activities of this coterie of 
more or less brilliant men. The Godbeite movement reminds 
one of that class of reform movements which Victor Hugo de- 
scribes as beginning "by attaching the Hepublic" and ending 
with "robbing a diligence, "^"^ so anti-climax was it in character. 
Soon after the inauguration of the "New Movement" it was 
joined by Amasa M. Lyman, formerly one of the Twelve apos- 
tles, although he did not figure very largely in it. Elder Lyman 
while on his mission in Europe with Charles C. Rich and Geo. Q. 
Cannon delivered a discourse in Dundee, Scotland, on the 16th of 
March, 1862, wliich virtually denied the necessity of, and the fact 
of, the atonement of Jesus Christ.^^ No satisfactory explana- 
tion appears why this matter was allowed to pass apparently 
unnoticed until the 21st of January, 1867. But it was not until 
then that Elder Lyman was brought before the council of the 
Twelve for his heresy. "The quorum of the Twelve" says the 
account of the meeting, "were horrified at the idea that one of 
the Twelve Apostles should teach such a doctrine." When in- 
terrogated upon the subject Elder Lyman avowed that such had 
been his views— that is, that men were not saved through any 
atonement made in the death of the Christ. Each of the quorum 
then spoke against the views of Elder Lyman. Elder Woodruff 
said "that he felt shocked at the idea that one of the twelve 
apostles should get so far into the dark as to deny the blood of 
Christ, and say that it was not necessary for the salvation of 
man and teach this as a true doctrine, while it was in opposition 
to all the doctrine taught by every Prophet and Apostle, and 

30. "Ninety-Three" Sidney Library edition, p. 267. 

31 In the aforesaid discourse, after affirniinjij the innocence (>f tlie spirits of 
men in tlieir pre-earth existence, IClder Lyman asked the (piestion — "Hut was it 
decreed, tlien, that Jesus sliould die to save men who were thus pure and holy? 
No: it did not form any part of tlie purpose of flod that lie should die 
'Why' says one, "I supposed that it was predt termined hefore the world was that 
Jesus must die. and that naught hut his hlood could hrinj": God's chiUlren hack to 
the home from whence they had simjjly Rone abroad for a time.' Ts it said so in 
the scrii)turcs? No! . . . Hut did not this j^ospel have associated, as a neces- 
sary prerequisite ff)r man's salvation the death of Jesus? No; for if so, he failed 
to tell the people the true naturr of the ^.^ospel he preached, and his mission .-mionK 
men, and the me.'Uis by which eternal lif( was to be Kiined." Mill. Star, Vol. XXIV, 
pj). 210 I't srq. 


Saint from the days of Adam until to-day. The Bible, Book of 
Mormon and Doctrine and Covenants teach, from beginning to 
end, that Christ shed his blood for the salvation of man, and 
that there is no other name given under heaven whereby man 
can be saved. And I can tell brother, Lyman, that his doctrine 
will send him to perdition if he continues in it, and so it will 
any man; and furthermore, such a doctrine would send this 
Church and Kingdom to pieces, like an earthquake. There never 
was and never will be, a Saint on the earth that believes in that 
doctrine, it is the worst heresy man can preach. "^^ 

After the Twelve were through speaking Elder Lyman was 
very much humbled ''and asked forgiveness." The council re- 
paired to President Young's office, where the matter was pre- 
sented to him. The President sustained the views of the Twelve 
and emphasized them, "and required Brother Lyman to publish 
his confession and make it as public as he had his false doc- 
trine. "^^ To this he evidently consented for a most humble ac- 
knowledgement of his error was published in the Deseret 
NewsP* Unhappily, however. Elder Lyman did not adhere to 
his confession of error, but in a few months reaffirmed his convic- 
tion of the accuracy of the principle of his Dundee discourse 
against the necessity of, and the fact of, the atonement ; and as a 
result of this course, after an investigation by three of the Apos- 
tles and a member of the first Presidency, Greo. A. Smith,^^ Elder 
Lyman was excommunicated from the church by actions of the 
Twelve Apostles in a council meeting at St. George, May 6th, 

32. Hist, of Brigham Young, Ms. 1867, pp. 59, 60. 
33 Ibid, p. 60. 

34. Impression of Jan. 30th, 1867. The opening paragraph is instructive and 
comprehensive: "I have sinned a grievous sin in teaching a doctrine which makes 
the death and the atonement of Jesus Christ of no force, thus sapping the founda- 
tion of the Christian religion. The above mentioned doctrine is found in a dis- 
course which I preached on the 'Nature of the Mission of Jesus,' on the i6th of 
March, 1862, in IXindee, Scotland, and which was published in the Millennial Star 
No. 14, Volume 24. The above preaching was done without submitting it to, or seek- 
ing the counsel of, those who bear the Priesthood, with whom I am associated. In 
this I committed a great wrong, for which I must humbly crave and ask their 
forgiveness, as I do also of all the Saints who have heard my teaching on this sub- 
ject. . . . (sigried) A. M. Lyman. Deseret News of Jan. 30th, 1867). The 
church publications in Europe were asked to copy this confession. 

35. The names of the three apostles making the investigation were John Tay- 
lor, Wilford Woodruff, Geo Q. Cannon. 


1867 f^ which action was ratified by the general conference of the 
Church on the 8th of October foUowing.^*^ 

In the midst of this Grodbeite movement Alexander H. Smith, 
and David Hyrmn Smith, made their appearance in Salt Lake 
City as missionaries from the "Reorganized Church of the Lat- 
ter-day Saints," the headquarters of which was at Piano, Illi- 
nois. Alexander was the third son of the Prophet, and David 
his posthumous son, having been born on the 18th of Novem- 
ber following his father 's martyrdom, 27th of June, 1844. They 
came to urge the claim of their brother, "Young Joseph," as 
the oldest son of the Prophet was then called, to the presidency 
of the Church, both on account of the place being his by heredity, 
and by reason of an alleged ordination to the office by his father 
previous to the martyrdom. The Smith brothers obtained an 
interview with President Young in his offi,ce, in the presence of 
a number of leading officers of the Church, among whom were 
a number of the uncles and cousins of these young men. The 
interview was not satisfactory on either side; from no human 
standpoint perhaps could it be expected that such an interview 
would result satisfactorily, in view of the conflicting claims and 
interests represented by the parties to it. The use of the Taber- 
nacle for a public meeting that the two young men applied for 
was refused by President l^oung, and reference to past events 
at Nauvoo resulted in some unpleasantness of feeling.^"^^ 

Several years before this, viz. in 1863, two missionaries from 
the "Reorganized Church" Edmund C. Briggs and Alexander 
McCord, visited Utah, and took l^^ a proselyting work in which, it 
is claimed, they succeeded in bringing into their fold about 
three hundred members, half of whom according to Waite, left 
Utah for the eastern states in the following summer.^'^ It 

36. Hist of liriKliani YouiiK Ms. 1H67, pp. 50J-4. Tlic Apostles who acted at 
this time— their names appear sJRned to the niimites of the niectiiiR— werej John 
Taylor, Wilford VVoodrufT, Geo O. Cannon, l<>astus Snow. Orson Hyde, ICzra T 
Benson, Lorenzo Snow, Orson Pratt. Sen.. Charh^s C. Rich (Id). 

37. See mirntes of the conference for Octoln'r. 1867, in Dcscrcf News, of 
Oct. Qtli, 1867. lader Joseph V. Smith was sustained to fill the vacancy in the 
Twelve, crcateri hv the conference action in Lyman's case. 

38 Sec Rocky Moinitain Saints, p]v 628-0; Bancroft's Utah. pp. (h.\-4^\ True 
L. r>. S. Herald. Vol. XVI. |)i) 8.4 W), Alex. H. Smith's Letter dcscrihinp the m- 
tcrvii-w; //'«(/, ijp. \2i)-\\\. David Smith's .icconnt of the same. 

39. ' Waile's "The Mormon rrophel," pp. 128-129. That the "emigration" east- 
ward miKht not lack dramatic interest. Waite also states that "General Connor 


scarcely seems likely that there was any connivance between the 
Godbeite Movement and the advent of this second Utah mission 
frpm the "Reorganized Church," and doubtless their appear- 
ance at that juncture falls under the head of what men call 
*'mere coincidence." What was lacking in cordiality in Presi- 
dent Young's reception of these messengers of a rival organiza- 
tion was of course granted by the dissatisfied elements in the 
Church of the Latter-day Saints, by apostates and by the Gen- 
tiles. Walker Brothers tendered the use of "Independence 
Plall, " the Gentile forum for everything anti-Mormon; and 
here the young men began their mission. The people naturally 
had a curiosity to both see and hear the sons of the first Prophet 
of the New Dispensation, and crowded their first meetings. 
Elder Joseph F. Smith, recently received into the apostle's 
quorum, a cousin of Alexander and David Smith's, opposed their 
propaganda in a brief series of public discussions, in which he 
readily established the fact that Joseph Smith, the first Prophet 
of the New Dispensation, was responsible for the introduction 
of the new marriage system of the Church both in principle and 
practice; also he proved the legality of Brigham Young's succes- 
sion to the Presidency under the principles of ecclesiastical gov- 
ernment revealed to the Church. 

The Godbeite party affected through its organ, the Utah 
Magazine, to act the part of an umpire in the controversy for 
a time, but were not prepared to accept the principle of heredi- 
tary advocated by the "reorganized church" representatives;*^ 
and as nearly all the leaders in that movement were practical 

deemed it necessary and advisable to send a strong escort with them as far as 
Green River, about 145 miles" (Id). Judge Waite opened his house for these 
"Elders" of the "Reorganized Church" to preach in whenever they wished. Let- 
ter from Edmund C. Briggs in the "True L. D. S. Herald," Vol. IV, pp. 89, 90. Bowles 
also say? these converts "left Utah in 1864-5 under government protection, for fear 
of massacre by the instruments of Young." "Our New West," p. 268. 

40. The Godbeite leaders charged that Brigham Young was himself planning 
to establish a dynasty of his own house, to hold the presiding officers in the 
Church, and Stenhouse declares that the Godbeites seized upon the contention of 
the Smith brothers on the subject of heredity, to "tell Brigham Young what the 
people felt respecting his dynasty project;" and quotes the following from a Utah 
Magazine editorial: "Ifvve know the true feeling of our brethren, it is that they 
never intend Joseph Smith's nor any other man's son to preside over them, sim- 
ply because of their sonship. The principle of heirship has cursed the world for 
ages, and with our brethren we expect to fight it till, with every other relic of 
tyranny, it is trodden under foot." (Rocky Mountain Saints), p. 635. 


polygamists, and declared their inteution to maintain that prin- 
ciple,'*^ they could not accept the view}K)iiit of the Smith broth- 
ers upon that subject; and hence there was no g-round upon 
which the two factions could form any practical alliance; and 
the "reorganized" agents were soon dropped by the Godbeites. 

The effect of the whole movement of the "reorganization" un- 
der the Smith brothers, upon the Church of the Latter-day vSaints 
in Utah, from first to last in anti-Mormon literature is given an 
unwarranted importance, as well in the first as in this second 
mission to Utah. To represent, as Bancroft does, that "at first 
the followers of Brigham trembled for the supremacy of their 
leader,"^- referring to the mission of the Smith ])rothers in 
Utah, is ridiculous ; there never was any such trembling by any- 
body, anj^where. Though given encouragement by the Gentiles 
of Salt Lake City, by the God})eites, by the U. S. Officials of 
Utah, by the Colfax party, who happened to be passing through 
Utah on their second visit, when the Smith brothers were mak- 
ing their utmost efforts at propaganda"*^— yet not all these cir- 
cumstances could render their mission formidable. The utter 
lack of substance in the things for which they contended, coupled 
with "hopelessly mediocre ability""*^ in the propagandists, 
doomed their mission from the first to abject failure in Utah. 

One expectation with reference to the completion of the trans- 
continental railroad began early to be realized— the influx of 
prominent visitoi's to Salt Lake City and the Territory. Tn mid 
June, 1869, came Hon. Benjamin V. Wade, late President of the 
U. S. Senate, and author of the "Wade Bill" considered in a 
previous cliaptci-. He was acconipnnicd by his wif<'. At the same 

4r. "Tlic Godlu'ito Movement," TiilIidKi"^ Qii.irtiTly Masazinr, Oct.. lS8o, p 51 

42. Bancroft's Mist, of Utah, pp. <i-|5 <>. 

4.V Mr. Colfax resents soincwliat bitterly — while overstating*; I)oth the nature 
and the voinmc of opposition made to tlie Smith brothers in Utali — tlie refnsal of 
Presi(h'nt Younjj to open tlie l"al)ernaiMe ;ind (lie MinmiMi meetinj^j houses to the 
propagandists of the reorj^anized clinreh. See "Tlie Mormon Question" a (hsciis- 
sion between Vice-PrcsichTt Schuyler Coxf.ix and I'.Ider John iaylor — Deseret 
News ()rint — 1870 — p. 14. Khier Taylor's answer to this resentmeiil was: "We do 
invite men of ahno-^t all persua>ions to |)reacli to u-. in our tabernacles, but we are 
not so lalitudinarian in our i)rinciples as to furnish meeting houses for all; we 
nrver considered tiiis a part (f the provjr.imine." (Id. p. 23). 

44 "They were men almost without force of character, of lamb-like placidity, 
and of hopelessly mediocre .-bility; not shrewd enous^h to contend with their op- 
ponents, and not violent enonv:h ti. arouse the populace. They accomplished little 
for the refjrKanized church ( Hancroft's Hist of Utah. p. 64U). 


time came Gen. Philip H. Sheridan and several officers of his 
staff, Generals Boynton, Hapldns and Eucker; U. S. Senator 
Koscoe Conklin of New York, Mr. Julian of Indiana, a member 
of the House Committee on Territories, and later the author of 
a hill of one section granting the elective franchise to the women 
of Utah ; Governor Camphell of Wyoming and others.*^ Later in 

45 Deseret Nervs of 15th and i6th of June, 1869. Besides those mentioned in 
the text other prominent visitors to Salt Lake City during the first six months 
after the completion of the railroad, were — J. E. Caldwell Heyer, Editor of the 
Chicago Journal of Commerce; the Congressional Committee of Ways and Means, 
en route for the Pacific coast, headed by the chairman Hon. Samuel Hooper of 
Massachusetts, visited the City, and were serenaded at their hotel. Hon. W. D. 
Kelley of Penn. thanked the citizens in behalf of the committee. On the same day 
arrived Miss Anna Dickinson, a lecturer on Woman's Rights, Education, etc. She 
was accompanied by her brother, Rev. J. Dickinson. The noted lady lecturer re- 
mained long enough— from the 19th to the 23rd of June — to gather data for an 
Anti-Mormon lecture which she afterwards delivered it is said, with great eclat. 
On the 20th of the same month— Sunday— Rev. Dr. Todd, of Pittsfield, Mass., a 
congregational Minister, and author of "The Serpent in the Doves Nest" (a sex 
theme) and other books, occupied the Tabernacle pulpit. Baron Gauldree Boilleau, 
formerly French consul at New York, now Envoy Extraordinary and Minister 
Plenipotentiary from the Court of France to Perue. A large Eastern party of 
railroad magnates and their wives accompanied by a number of newspaper writers 
and editors, among them Horace White, Editor of the Chicago Tribune, arrived on 
the 26th of June. ''Ned Buntline," otherwise Col. E. Z. C Judson, writer and lecturer. 
He remained some time in the city, wrote poetry about it (see poem in Deseret 
Ncus of July 7th). and finally lectured on a local subject — "The Industrial and 
Social Importance of Total Abstinence from the use of Intoxicating Drinks as Ex- 
emplified by the People Here"— Salt Lake City. Crosby S. Noyer and S. H. Kauf- 
man, Editois of the Washington Evening Star; the Wisconsin party, of twenty- 
seven, state officials, legislators, bankers and Editors, chiefly. In August came Dr. 
G. L. Miller, editor of the Omaha Herald, who ever after was the steadfast friend 
of Utah and the Mormon people. An Excursion party of seven led by Rev. E. D. 
G. Prime, Editor of the N. Y. Observer, on a tour round the world, stopped over 
in Salt Lake City. On the 21st of August came the "Congressional Committee on 
Retrenchment," with n number of invited guests. On the Committee from the 
U. S. Senate were Hon. James W. Potter of New Hampshire ; Hon. Carl Schurz, of 
Mo ; Hon. Allen G. Thurman, of Ohio; from the House of Representatives, three 
members; Senator J. S. Morrill, of Vermont was also of the party. They attended 
service at the Tabernacle on Sunday, and visited President Young at his office 
the following day. On the day of the month another senatorial party arrived 
Hon. Richards Yates, U. S. Senator from Illinois; Hans W. Pitt Kellogg, and 
J. S. Harris, U. S. Senators from Louisiana ; also with the same party Col. Cask 
E. Carr, and Judge J. G. Wilson, both of Illinois. A few days later came U. S. 
Senator' T. W. Lipton and wife of Nebraska. Early in September the "Quincy 
Excursion Party" arrived, among whom were many who had friends and relatives 
in Salt Lake City; also Ex-Lieut. Governor of Illinois, John Wood — 1856-60 — who 
was mayor of the City of Quincy at the time the Latter-day Saints were driven 
en mass from Missouri, and were kindly received by the Mayor and citizens of 
Quincy, at which point the Saints were entering Illinois. Throughout all their 
troubles up to their evacuation of Nauvoo and even afterwards, the Saints found a 
consisteni and strong friend in Ex-Lieutenant Governor, John Wood (Deseret 
News, of Sept. 8th, 1869). The Eccentric Geo. Francis train visited Salt Lake 
City in September, and delivered several »characteristic lectures in the Theatre. He 
described the Mormon religion as the only one "ever established where the found- 
er thereof had a father and mother." A party arrived on the 29th of September 
en route for the orient which included Mr. Rangabe, the acting Greek Minister, M. 


the month of June came Hon. W. H. Seward, late Secretary of 
State during both the Lincoln and Johnson administrations. His 
party was heartily greeted by a committee from the city council 
—the mayor being absent— and driven in carriages to the prin- 
cipal points of interest in the city and its suburbs. There were 
band serenades in front of the hotel at which the party was 
stopping — the Townsend House— and loud calls from the citi- 
zens who had assembled for speeches. Mr. Seward responded 
by brief remarks, but thought the circumstances under which he 
was traveling forbade him discussing public or political af- 
fairs.'' "They do not forbid me, however," said the Ex-Secre- 
tary of State, '* acknowledging the hospitality and kindness 
which have been shown me by my fellow citizens. That is all I 
can do, and I do it with a free, kind, and good heart. I thank 
you for the hospitality you have shown me since I came to your 
city. I thank you for your attendance to-night, and I pray God 
that the great marvel which I witness here may result in estab- 
lishing a good civilization in the heart of the American conti- 
nent; and be a sign, token, and assurance to mankind in every 
nation of the earth that it cannot fail, if it be prosecuted by in- 
dustry and virtue, in advancing the welfare of the whole human 

President Young was absent visiting the settlements in Cache 
valley on the arrival of Mr. Seward, but as that gentleman ex- 
pressed a very great desire to meet the founder of Utah, Mr. 
Wm. Jennings, at whose house Mr. Seward was a guest at a tlin- 
ner, proffered to have President Young in Salt Lake C'ity within 
three days if the cx-Secretary of State would stay so long, a 
proposition that was readily agretnl to. Tiiree days later the 
two illustrious gentlemen met ''at a private dinner and a cosy 
interview," at the home of Mr. Jennings. "National affairs 

Louis Strauss. Consul (or liclgiiwn to Japan. M. Fuuilr Mountrau, Clianccllor to 
the Rclt;inn Consulate, "with other Ktn"«'nH'n and laclits from all parts of the 
world," said the aiwiounnnicnt of the Ni-xvs on tlu' arrival of tliis party. 

And so the notables of the earth oontiiuud to come to "Zion." even before the 
branch railroad between Ogden and Salt Lake City was constructed, and still 
more abundantly did tlxv come in ttie year following when that road was |)nt in 
rommission; Salt Like City was on the h\n,h way of the n.ition, and all the nota- 
bles journeying east or west stopped off to (lupiire concerning the things of which 
they had heard. And so it continues to this day— 1914— only much more abundantly 
than in former times. 

4O. Df.uret Ncivs of June 30th, 1869. 


rather than 'Mormon problems,' " we are assured, ''formed 
the topic of conversation, " the interview lasting through several 
hours, ending with increased mutual admiration between the 
great American colonizer and the illustrious American states- 

Less than a month later came United States Senator Lyman 
Trumbull, of Illinois, and a large commercial party chiefly from 
Chicago. There were prominent representatives of the banks, 
the board of trade, and the different departments of the mer- 
cantile and manufacturing interests of Chicago. An interview 
was had with President Young at his office on the tenth of July, 
at which there were mutual felicitations and exchanges of cour- 
tesies. Col. James H. Bowen, having in charge the party, acting 
as master of ceremonies. The purpose of the party, as ex- 
plained by Col. Bowen, was "to facilitate commercial relations 
with localities made tributary by the completion of the Union 
and Central Pacific railroad;" and esteeming Utah Territory 
to be one of the important points among such localities they had 
stopped over to give greetings and congratulations to President 
Young and his people, on the completion of the railroad, and the 
release of his people from their long and profound isolation. 
They had been ' ' deeply awed and grandly impressed ' ' with the 
majesty of the scenery of the far-famed Echo and Weber 
Canons, "and filled with wonder at the herculean task accom- 
plished in the building of the railroad through and over such 
seemingly insurmountable obstacles of nature in so incredibly 
short space of time. "A considerable share of the credit and 
honor of his achievement properlj^ belongs to you and your peo- 
ple," said Col. Bowen in his formal address to President Young 
when introducing his party,— "who rendered hearty, efficient 
and timely aid to the company charged with the completion of 
this gigantic national highway, and we hope you will live long 
to enjoy the fruits of these beneficial labors." A hearty wel- 
come was extended by President Y^oung to the party, and fitting 
acknowledgement made of the compliments paid to the Mormon 

47 Sec TuUidge's Quarterly Magazine, July, 1881, pp. 661-2. 
49. Deseret News — Weekly — of July 14th, 1869. 


''It is a great advantage to our people," said the Deseret 
News in its editorial account of this party's visit, "Td be seen 
at home by such a class of men as comprise this party. They 
are probably as free from prejudice as any men in the nation, 
and however much they may differ with us religiously, they 
can perceive that we are no common people, and that we pos- 
sess qualities which entitle us to respect. "^^^ But alas! this 
same commercial party fell into the hands of the anti-Mormon 
in Salt Lake City before leaving Utah, and were well sur- 
charged with anti-Mormon virus as became abundantly evident 
from their reports of Utah conditions to the eastern press.^^ 

50. "We thank you for your congratulations," said President Young, "and 
duly appreciate the high estimate which you hold of our labors. It is true w,e 
are the pioneers of this Western civilization, and that we have to some extent as- 
sisted in the development of the resources of the great West. It is true that we 
have graded over 300 miles of the great Pacific Railroad, an enterprise for which, 
by the wav. we memorialized Congress in 1852 ; but this is of the past. Our labors 
are before" the world, they speak for themselves. Our aim is to press onward, dili- 
gently to perform the part allotted to us in the great drama of life, and. having 
ever in view the glory of God and our country, the rights of man and social in- 
dependence, strive for the maintenance of those glorious principles which compose 
our Federal Constitution." (Deseret News— Weekly— of July 14th, 1869, p. 270). 

Sr. Linn says this commercial party "were welcomed by and affiliated with 
the Gentile element" ("Story of the Mormons," p. 556 and note). Whitney declares 
that the party were "wined and dined" by the Anti-mormon element of the commu- 
nity at the residence of Joseph R. Walker, where they became imbued with strong 
anti-Mormon sentiments, which through their reports of conditions in Utah had much 
to do with the agitation of the Mormon question in the east that "determined 
President Grant upon the prosecution of a vigorous, not to .say belligerent, policy 
towards Brigham Young and the Mormons" (Hist, of Utah. Vol. II. pp. 324-5)- 
Trumball, however, should be excepted from the number of those affected by this 
anti-Mormon virus, as he remained friendly disposed towards the Mormon people, 
and voted against several anti-Mormon measures introduced into the Senate of 
th'^ United States, among them the I'relinghuysen bill. (Linn's "Story of the 
Mormons." and Tullidgc's Hist, of Salt Lake City. pp. 547-8)- Tullidge gives al- 
most a Bacchanalian coloring to this banquet; "The two large rooms of Mr. 
Walker's residence were filled. Over forty persons were present. The munificent 
host had abundantly supplied his distinguished guests with champagne. Colfax 
and his friends, on 'their visit to our city, fell upon strawberry bed.s and dis- 
cussed social problems with Brigham and the apostles over the dinner t.iMe. where 
the blessing was surely asked and "peace" and the "good spirit" invoked. But this 
meeting was belligerent. Champagne was better suited to its purposes than either 
strav/berries or blessings. The spirit of war invoked rather than the "Good spirit 
of peace" There was, thcv say. that day, "The fullest and freest expression that 
had ever occurred in Utah," all of course with a strong decided anti-Mormon ani- 
mus and aim. "Fveryl>odv gave vent;" "war talk ran around;" Senator I nunbull 
related to the company that famous conversation Ix-tween himself and President 
Young in which the latter had said in elTect that, if the l<"ederal oflicers didn t bcliave 
themselves he would have them ridden out of tlie city; and from this meeting the 
report of that conversation between Senator Trumbull and President Young ran 
throughout the United States; and gave to Vice-President Colfax the advantage 
to push General Grant almost to tiie verge of actual war against Mormon Utah. 
Such was the bearing of that counsel held at the house of Mr. J. R. Walker, over 


One report to which the Deseret News took strong exception 
stated that Brigham Young told Senator Trumbull that he would 
probably hear of some federal officials being put out of the 
Territory ;^2 that Brigham Young had said that the Mormons 
would not obey the law of Congress prohibiting polygamy, ' ' be- 
cause congress had no right to interfere with that matter. "^^ 

The Aita California version of the interview represents Pres- 
ident Y^oung as giving evasive answers to Senator Trumbull's 
direct question;^* the Chicago press dispatch, however, more 
likely represents what President Young said, since it gives the 
reason for the answer— '* Congress had no right to interfere 
with that matter"— on the ground, of course, that it would be 
an act in violation of the constitutional provision forbidding Con- 
gress to prohibit the free exercise of religion. 

On the 3rd of October, 1869, Hon. Schuyler Colfax, now Vice 
President of the United States, made his second visit to Salt 
Lake City. He was again accompanied by former Lieutenant 
Governor Bross, of Illinois, and Mr. Bowles of the Springfield 
(Mass.) Republican. The absence of Mr. Richardson, of the 
New Y^ork Tribune, who was with the party on its first visit, was 

Utah affairs, in July, 1869." Tiillidge was persona gratia to the non-Mormons at 
that period, being connected with the Godbeite movement, and able to speak as 
by the card on the incident. 

52. The Atlas California published a purported interview of a sensational 
character between President Young and Senator Trumbull in which the former is 
quoted as saying: "If the Government send bad men here we shall just politely 
conduct them on a little trip to the boundary line of the Territory and bid them go, 
never to return." Trumbull is represented as advising that he consult President 
Grant before taking such decided steps. President Young had said some thing a 
kin to the above in a discourse at the April Conference previous. Referring to the 
bad class of federal officers that had been sent to the Territory he remarked : "I 
think hereafter that we will take such men up gently and carry them out of the 
Territory and tell them not to come back again." But he also said in the very 
next sentence : "But we have gentlemen here as officers, men whom we respect and 
who respect us. But in some instances they have sent us thieves, liars, whore mon- 
gers, adulterers and swindlers. You may think this hard talk. I do not like to be 
under the necessity of using such language, but it is nevertheless true. Yet it is not 
often these things are mentioned. . . . Some may say that is coming out against 
the government. No it is not, it is against wicked administrators." The Discourse 
is published in Deseret News of June 9th, i86g. 

53. Chicago Press dispatch of July 12th. Copied into Deseret News and ac- 
companied by News editorial comment — Weekly — impression of July 14th, 1869. 

54. "Scnatot Trumbull — Mr. Young, may I say to the President that you 
intend to observe the laws under the constitution?" 

"Young — Well — yes — we intend to." 

"Senuior Trumbull — But may I say to him that you will do so?" 
"Young — Yes, yes; so far as the laws are just, certainly." The reputed answers 
are very unlike President Young. 


expressly regretted by Mr. Colfax. The city council voted to 
tender the hospitality of the city to tlie distinguished visitors, 
and pursuant to that arrangement sent a committee of two of the 
council with carriages to Uinta Station to meet the party, while 
the Hon. Mayor of the city, Daniel H. Wells, Hon. W. H. Hoop- 
er and others were appointed to act as a committee of reception 
on the arrival of the party at the Townsend House. These 
courtesies, however, were declined, ostensibly on tlie ground 
that *'the party was traveling in a strictly private capacity ;"^^ 
but really because Mr. Colfax had seen published in the eastern 
papers a purported discourse by Brigham Young in which he 
was represented as saying "that the President and Vice-Presi- 
dent of the United States were both gamblers and drunkards. "^^ 

55. Dcscrct News' account of the arrival of the party, News of Oct. 6th — 
Weekly; also minutes of City Council meeting of Oct. ist. Ibid, p. 415. 

56. Stenhouse assigns this as the reason for Colfax refusing the City's hos^ 
pitality (Rocky Mountain Saints, p. 638) ; so also Linn, "Story of the Mormons," p. 
556. Referring to the subject in the course of his speech from the veranda of the 
Townsend House, the Vice President said : "One thing I must allude to, personal to 
myself. The papers have published a discourse delivered last April by your high- 
est ecclesiastical authority, which stated that the President and Vice President of 
the United States were both gamblers and drunkards. (Voices in the crowd. "He 
did not say so"). I had not heard before that it was denied; but I am glad to 
hear the denial now. Whether denied or not. however. 1 did not intend to answer 
railing with railing, nor personal attack with invective. I only wished to state 
publicity in this city, where the charge is said to have been made, fliat it was utterly 
untrue as to President (jrant ; and as to myself, that I never gambled to the value 
of a farthing, and have been a total abstinence man all the years of my manhood." 
("The Mormon Question a Discussion between John Taylor and Schuyler Col- 
fax" — Drsrret Nezvs print. 1870, pp. 4, 5). This discourse was alleged to have 
been preached in April. The only discourse of President Young's delivered in 
April — or during the year — that in any way refers to the government or its offi- 
cers is one preached on the 8th of Aj)ril during the annual conference of i8(>Q, and 
published in the Dcscrct News of June Qth. In that discourse, after pointing out! 
the fact that the Lord must be the refuge of the Saints, the President said : "What 
will the world do for us? What will our government do for us? Why, after set- 
tling this countr> for twenty years, they have at last deigned to extend to Utah the 
benefit of land laws, — pre-emption rights, homestead advant.iges. Whom have they 
sent here as our ofHcers? As a general thing, such men as Drake and his asso- 
ciates. . . What would the govennnent do for us? Judging frt)m the past, 
if we were to ask them for bread, they would give us a stone, for a lish they would 
give us a '^erpent ; ask for an egg .ind they would send us a scorpion. This has 
been too nuuh the case. The govennnent is just as good as ever existed; but the 
adnniiistr.itors fif the government have in many instances, been the most con- 
temptible nun that ever disgraced God's footstool. Some m.iy say this is coming 
out again>t the Ciovermnenl. No, it is not, it is against wicked ailministrators." 
There is no i)ers()nal allusion whatever to either PresideiU ( or Mr. Colfax in 
this, or as slated ai)ove, in any other discourse pnached by firigham Young during 
that year, but doubtless it was the l.inguaj^'e of the ((notation above, and the lan- 
guage used in describing certain federal oflicials who liad been sent to Utah — (sec 
note S~) — employed in this s.mie discours*' was twisted and made to apply to 
the chief oflficers of the then federal administration. 


The Vice-Presideut, while in Salt Lake City delivered a very 
frank speech in which he discussed the issues then existing be- 
tween the federal government and the Church of the Latter- 
day Saints. The Vice-President rather loftily set aside the 
premises of the question on the side of the Saints, by saying: 
"I clo not concede that the Institution you have established here 
[meaning the Mormon marriage system], and which is con- 
demned by law, is a question of religion;" and with the premises 
of the opposition thus set aside he proceeded to admonish them 
to iibedience to the law; at the same time, however, avowing 
that he hud "no strictures to utter" as to the ''creed" of the 
"Mormons" on any really religious question."^'^ 

The speech of Mr. Colfax brought forth an able answer from 
Elder John Taylor, of the Council of the Apostles, which ap- 
peared in the Xew York Tribune and was widely copied in the 
Eastern press, ami to which Mr. Colfax replied in a more for- 
mal article in the New York Independent of the 2nd of Decem- 
ber, ISO!). To this Elder Taylor made a rejoinder; and so sat- 
isfied were the ( -hurch authorities with the soundness of the 
principles on which Elder Taylor based his argument, and the 
skill with which he conducted it, that the speech of Mr. Colfax 
and the several pro rf con papers that grew out of it, were gath- 
ered up and published in panqthlet form. 

57. Thl5 contention was a(lniiral)ly answered by Kldor Jolin Taylor in his 
review of the Vice-President's speech, when he said: "With ail due deference. I 
do think that if Mr Colfax had carefully examined our religious faith he 
wouid have arrived at other conclusions. In the absence of this I might ask, who 
constituted Mr Colfax a Judge of my religious faith? I think he has stated that 
T/i*- faith of ncry man I'j a mattrr hctu-crn himself atid Cod alone.' Mr. Colfax 
has a perfect right to state and feel that he docs not believe in the revelation on 
which my religious faith is hascrl. nor in my faith at all ; but has he the right to 
dictate my religious faith' I think not; he does not consider it religion, but it is 
nevertheless miti'- 

If a revrlition from God is not religion what is. 

His not believing it from God makes no difference; I know it is. The Jews did 
not hclioe in Jesus but Mr. Colfax and I do; their unbelief did not alter the reve- 

Marriage has from time immemorial, among civilized nntions, been considered 
a religious ordinanrr It was so considered by the Jews, It is looked upon, by 
the Catholic clergy, a^. one of their sacraments. It is so treated by the Greek 
Church The ministers of the Kpiscopal Guirch say. in their marriage formula, 
'What (rod has totntd (r^nrthcr, let not man p\it asunder;' and in some of the 
Protestant churches thf-ir meml)crs are disfellowshippcd for marrying wliat are 
termed unlielievers So I .mi in hopes, one of these times, should occasion require 
it. to call upon our frirnd. Mr Colfax, to redeem his pledge 'To defend for us 
our religious faith, with^ as much zeal as the right of every other denomination 
throughout the land'" ("The Mormon Question" Taylor-Colfax Discussion, p. 7) 


The discussion holds a pornianent i>law» in tlic p(»li'iiiic;il lit- 
• ■raturc of the Cliuicli of tlic I.attcr-day Saints. 

Aiiotlicr item in collection with Mr. ('olfiLx's sc<'oiid visit is of 
liistoric vahif. WhiK* he \va> in Salt Lake i'ity tlic \'ifc l'rc>-i- 
dcnt was taken into tlu* confiden<'e of tlie (Jodheite con.spirat^)rs 
and informed of the intende<l "schism" in tlie Mormon Cliurch 
ahout to l)e inaugurated hy tlie trroup of brilliant and siijiposedly 
infhiential men,''** hy the insidious and secret methods aLrr»'ed 
upon hy (lodiM' and liarrison duriuLr their sojouiii tnLTetlier in 
the eastern states, the previous >ummer, and as airieed to l>y 
their contidants Kelsey. I>a\vrence, 'ruilidge, Stenht)use and Sher- 
man, on their retniii to I'tali. 

Mr. Colfax was douhtiess ^ratifiecj to find tliat tliere was so 
hir^e a prospect of revolt atrainst the authority of Uri^diam 
Yountr witliin the "Mormon" (Mnirch; hut it is e»iually cer- 
tjiin that lie would have heen mor<' pl(*ase<l to have found tliose 
gentlemen who were promising thi* "scliism," enlisted in a eru 
Kade inauj^urated hy the p»vernment than that they should 
occupy the position of a reform movement within the Church. 
That .\Ir. Colfa.v <-ont<'niplate(| a cin^ade hy tin- federal i^^tvern- 
nient admits of no <|uestion. iiidin^ with .Mr. Stenluuise through 
the city during' this second visit, and ('U^a^^in;^ in a coiiti<iential 
talk coneerninir ".\l<»rmon .\tVair>." the \'ice l*r<'side!it put the 
pointed (juestion to \I i-. Stcnhou^c: " 11';// UruiJuim Y nuno 

It in to he infemii from the whole tenor of the ('olfax Sten- 
houHo ••onversalion, as re|»<trte<l hy the latter to Mr. Mdward \V. 
Tidlid^f, Unit if Bri^luim Voun^s' would li^dit the (irant adininis- 

J*. 1 hal thcic mm nvrr otimulrd ihcir mrtiiriicc in ihr Mormon roinmiinijv 
I* appjrrni 111 thio .\Ir .Sirnliotur m 411 iiurrvirw with Mr C"ol(ax |>lrj<lr<l witii 
him no( to hivr ihr luitoiul 4<liiiiinsir.ilioii mirrfrrr willi Ulali a(T.ur> miu r by 
doing *o It wotiM "liritc ih.'ttiandi ha* It !»/•• iht afmi of Ungham )'<>mni; whit arf 
ffody to r^btU aga»ml lh< onf Stitn I'tnifr.' frj»rr»riur«l. at ihrv hcM. m ihc 
prrv>n «i( liriKHjiii Youhk ( Sr«* (i<»«|l»ritc .MovrmciH TiillKlKr'^ (.>M.irr<-f /v Maua- 
linr. pf> 55, 5/1) Hul when ihr "»*hi»n«" camr, Mifiic ihrrc wrcli% Ulrr. titr "ihcni- 
tari'i* thjj were "rraily t«« rrltcll" flid tml m.ilrriali/c . ihr "NVw Movrmrnl" had 
tut |w-rrr|.|ihlc rffccj upon ihc m4*»rii <>( ihr people, ihc "lr««lrr^" o< ihr "Move- 
nirnl,' ytrtr all ihrrr wa<i l«» il, ami ihr^r in 4 »horl lime dioppnl all prr|cn»ion« 
a« rrliitKxit rrfcirmrr*," and mmmi "fnain(r»«rd a ^kriiiiial *pirii li>M.iid rrliifmn 
ol r%rry kind, and dirrrird ihnr rnrrKie* more romplrlrlv inio ihannrU m( hn«i- 
nr«% and m«.nry makinic" ( llan. roJlt Hi»l o( I'lah. p 6y») Yet lhc»r mm were 
Ihc nrtiirfttanl* agauui Urigham Young* malrriahim." and "church commcrcial- 


tration a "short shift" might be made of the "Mormon ques- 
tion/' as a different outcome from the contest with the Buchanan 
administration might be expected.^*^ 

Undoubtedly Mr. Colfax felt chagrined that his suggestion 
made on the occasion of his first visit that a "revelation" be ob- 
tained prohibiting polygamy, had not been acted upon; and he 
was now determined that there should be a crusade which would 
break down the masterly influence of Brigham Young in Utah 
and com{>el obedience to the Congressional-bigamy laws; and 
to his influence in the early part of Grant's first administration 
was due, in large part, the bitter anti-Mormon crusade of that 
period, and the years immediately following. However, so far 
as Mr. Colfax was concerned his influence in the nation soon 
came to an end, not only as to tlie Mormon question but as to 
all other })ublic questions — going down in the general malstrom 
of public distrust and indignation against all those who were in- 
volved in the irregularities of the Cfedit Mobilier of America 

Among the prominent national characters who visited Utah 
in tlie summer of 1870 was the Rev. Dr. J. P. Newman of the 
metropolitan ]\rethodist Church of Washington, D. C— of which 
President (irant was a trustee and member. Dr. Newman was 
also chaplain of the United States senate. The recent efforts in 
Congress to pass the Cullom Bill, the purpose of which was to 
aid in making effective the anti-bigamy law of 1862, had aroused 
wide spread discussion of the subject of polygamy in the press 

59. Mr. Stcniiouse's reply to the sharp inquiry of the Vice President was: 
"For God's sake, Mr. Colfax! Keep tlie United States off. If the Government in- 
terferes and sends troops, you will spoil the opportunity, and drive the thousands 
back into the arms of Brifiham Young, who are ready to rebel against the 'One- 
man Power.' Leave the Mormon elders alone to solve their own problems. We 
can do it; the (iovcrnment cannot. If you give us another 'Mormon War,' we 
shall heal up the breach, go back into full fellowship with the church and stand 
by the brethren. What else could we do? Our families, friends and life-com- 
panions are all with the Mormon people. Mr. Colfax, take my word for it, the 
Mormons will fight the United States, if driven to it in defense of their faith, as 
conscientious religionists always have fought. The Mormons are naturally a loyal 
people. They only need to be broken oflF from the influence of Brigham Young. 
Depend upon it, Mr. Colfax, the Government had better let us alone with this bus- 
iness, simply giving its protection to the 'New Movement men.'" (TuUidge's 
Quarterly Magazine, Oct., 1880, pp. 55-6)- This answer by Mr. Stenhouse dis- 
closes the subject matter of the conversation — a contemplated crusade by the fed- 
eral government against the Latter-day Saints. 

60. See Note i and 2 end of chapter for brief statement of the Credit Mo- 
bilier of America, and Mr. Colfax's relationship thereto. 


of tlie United States. Delegate Hooper's sj>eech on the floor of 
the house of representiitives, defending plural marriage as a 
religious institution of his constituents, having Bible sanction 
as well as the sanction of the special revelation to their church; 
and, moreover, Bible warrant as the Bible was interpreted by 
very eminent Bible scholars, called forth much comment from 
the press of the country, and led Dr. Newman to feel that some 
answer to this Biblical argument should be made. Accordingly 
on the 25th of April he delivered an elaborate discourse at the 
MetroiwliUm Methodist Church on the subject of Polygamy, in 
which he sought to maintain the Biblical condemnation of that 
fonn of marriage. Among those present were President and 
Mrs. Grant, Vice President Colfax, chief Justic^^ C-hase, Speaker 
James G. Blaine, and numerous other high national officials. It 
was an occasion when Washington officialdom turned out to 
hear. The Sermon in extenso, with a full description of official 
attendance, the psychological amosphere, ete., was published in 
the Xew York Herald of 2r)tli April. To this Washington ser- 
mon Elder Orson Pratt made an extended answer in a letter to 
Utah's delegate to Congi-ess, Mr. W. H. Hooper, which was pub- 
lished together with Dr. Newman's sennon in pamphlet form, 
issuing from the Drsrrrt Nrtcs press just ujion the arrival of 
Dr. Xewman in Salt Lake ('ity.'"' A local paper, the Salt Lake 
Daily Telegraph, on the 3rd of May, had suggestetl in its col- 
umns that Dr. Newman's Washingt^)n sennon "should have 
been delivered in the '^ralwrnacle in Salt Lake City, with t<Mi 
tliousarul "Mnrnions" t<» listen to it and then IsldiM' Orson Pratt, 
or 8om<' other proMiiririit Mormon should have had a lu^iring on 
the other side and the people allo\ve<l to decide. "Let us liave a 
fair contest of peac^-ful argument, and let the best si(i«» win," 
said the 'irhfimpli write!-. "We will publish their notices in 
the 'J'f'lept<ij>h," he continued. " leport tlieii- di.seourses as far as 
|K)Hsible, use e\('i'y irilliiciice in oui" powei-, it" an\ is neetle<l, to 
Hecuri' them the biggest halls and crowde<l congregations, anil 
we are sutislied Unit every op|K)rtunily will ho given them to 

61 "Juit Out: \Wc now li.ivr for s.ilr .if this riffur in I'aiuplilrt fi)rm. a 
scrniDti !)>• llir Rrv Dr Nrwrn.iii, I'aslur nf the Mrtr(>()nlit.m Mdliodist Cliiirih, 
WashinKturi (D. C ), .iiiii a reply \o the sanic hy Ml(lers«)n Pr-itt, .Sen. Price 
twcnty-fivc cents per copy." (Deserct Ncw>— Daily— of Aug. .ird, 1870). 


conduct a campaign. . . . Come on and convert them (i. e. 
the Latter-day Saints) by the peaceful influences of the Bible in- 
stead of using the means now proposed [special, hostile legisla- 
tion]. Convince them by reason and scriptural argument, and 
no Cullom Bill will be required." This suggestion of the Tele- 
graph, by that time not a Mormon publication at all,"^- Dr. 
Newman in Washington was pleased to interpret as a challenge 
to him to visit Utah and debate the question of polygamy, ' ' with 
Brigham Young," Whereupon, and without further inquiry or 
arrangement, but not without certain trumpetings through press 
dispatches of his intentions,^^ Dr. Newman started for Utah. 

The day following his arrival in Salt Lake City, the Doctor 
addressed a letter to Brigham Young (dated Aug. 6th), inform- 
ing the President of his arrival, and that he was now ''ready 
to hold a public debate with you [i. e. President Young], as 
head of the Mormon Church" on the question, ''Does the Bible 
Sanction Polygamy." Naturally President Young having is- 
sued no challenge, and the Telegraph in no sense being his 
organ, or the organ of the Church of the Latter-day Saints, he 
disclaimed having issued a challenge, or being responsible for 
any issued by others ; but extended to Dr. Newman an invitation 
to address the congregation in the Tabernacle on Sunday— the 
above exchange of letters occurring on Saturday. This invita- 
tion was declined, as the Doctor claimed to have made other 
arrangements for speaking in the city on Sunday, viz. at Faust's 
Hall, where but very few, on account of the hall being a small 
and inconvenient place, had the opportunity of hearing the 
eminent minister. 

An exchange of acrimonious letters took place over this pro- 
posed deliate, in which Dr. Newman added nothing to his repu- 
tation either in gentlemanly deportment, manifestation of Chris- 
tian spirit, or skill in conducting a controversy.®^ President 
Young in one of his letter to the Doctor said : 

62. Drseret Neus—WceVily—oi Aug. loth, 1870, p. 317. The Telegraph had 
by that time passed into the hands of Dr. Fuller, a non-Mormon. 

6.3. Sec Deseret News of August 3rd, 1870, Editorial in anticipation of New- 
man's coming, according to reports from the East. 

64. In justification of the comment I appeal to the correspondence itself, 
published in full in connection with the published debate, Dcserct News print, 1877. 
pp. 1-8. 


*'If you think you are capable of proving the doctrine of 'plu- 
rality of wives' unscriptural, tarry here as a missionary; we 
will furnish you the suitable place, the congregations, and plenty 
of our Elders, any of whom will discuss with you on that or any 
other scriptural doctrine." 

This the Doctor resented as an '^ impertinent suggestion," 
and regarded it as a ''cheap and safe attempt to avoid" the 
debate Dr. Newman had come to Utah to hold with Brigham 
Young. To bring matters to a head Dr. Newman issued a direct 
challenge to President Young to personally debate with him the 
question "Does the Bible sanction Polygamy," and the President 
accepted the challenge but named John Taylor or Orson Pratt as 
his representatives in the debate. Dr. Newman to take his choice 
between them. Dr. Newman was highly displeased with this 
arrangement and wrote a sharp letter to President Young saying 
that he had challenged Brigham Young to debate not John Tay- 
lor or Orson Pratt. However, since Brigham Young had refused 
to debate with him, the Doctor consented to meet Orson Pratt in 
public; discussion of the })roposed (piestion. It seemed i)robable 
at one time when arranging the preliminaries that the debate 
would not take i)lace owing to the inability of the conferrers to 
satisfactorily arrange the conditions of the debate. Whereupon 
President Young renewed his invitation to Dr. Newman, under 
date of Aug. lltli, in wliidi, after noting what seemed to be the 
end of negotiations foi- tiic debate, tlie President said: 

"I take pleasure in again tendering you the use of either of the 
tabernacles in this city in which to deliver one or more lectures, 
as you may choose, upon the subject of ])luraltiy of wives com- 
monly t(M"med j)olyganiy, each lecture to be of such length as 
you may please, to be <ielivere(j at such hours in tb«' <iay time as 
you may appoint.""'"^ 

It was finally aiiaiiged. Iiowt-xci-. I"(>r a public debate to be held 
between Dr. Newman and ( )is()n I'latt. The question to bt» 
"Does the Bible Sanction Polygamy!" KIder Orson Pratt to 
take the afTirmative of the (|iM'stion. it was arranged for the 
d(?bat<* to contimie tlirougli tliree days, two hours each day, the 
time being efjually divided liriwccii tlie spcakc'is, one hour 

65. Dcserct /VcTt/J— Weekly— of AiiKiist -i4tli, 1870. 


each.^^ *'The Bible in the original and English tongues" to 
be ' ' the only standard of authority in the debate. ' ' The discus- 
sion occurred on the 12th, 13th and 14th of June. The attend- 
ance on the first day was between three and four thousand; 
the second day, much larger, and on the third day, Sunday, it 
was estimated that the attendance was eleven thousand. *^'^ A 
full report of the debate was given from day to day in the prin- 
ciple newspapers of Salt Lake City, and in the Deseret News 
current weekly impression,*^^ so that the Mormon people 
throughout Utah were immediately presented with the evidence 
and argument that could be adduced from the Bible against the 
institution they had accepted in faith and practice. Later, 
namely, in 1874, and again in 1877, the debate was published 
in pamphlet form by the Deseret News, with the approval of the 
Church, of course. 

There can be no question that the weight of evidence and 
the force of argument in the debate was on the side of the affir- 
mative, while in flourish of rhetoric and in eloquence of appeal 
to sentiment Dr. Newman doubtless excelled his opponent.''^ 
To this flourish and to this appeal Elder Pratt paid but little 

66. Dr. Newman preferred that the debate be so conducted that the affirmative 
would occupy the whole time in one day's meeting, and the negative the next day's 
and so conlinue to the close of the debate. Elder Pratt preferred that the speakers 
occupy part of each day's meeting in half hour speeches, tv/o speeches on each side 
a day, the debate "to be continued as long as desired by Dr. Newman;" {Deseret 
Mczi's of August 24th, 1870). A one hour speech for each side per day was the 
compromise. The matter of Elder Pratt being willing to have the discussion con- 
tinued as long as desired by Dr. Newman is mentioned here because the Doctor 
has said in discussing the preliminaries that he would like, "nine hours to bring 
forth his arguments." Yet it was Dr. Newman that limited the discussion to 
three days and two hours to each session of the debate. Elder Pratt was willing 
for the debate to "continue as long as desired by Dr. Newman ;" and in his second 
speech in the debate referred to the matter of time, saying: "Dr. Newman has 
said he would like nine hours to bring forth his arguments, and his reasoning for 
the benefit of the poor people of Utah. I wish he would not only take nine hours, 
but nine weeks and nine months and be indeed a philanthropist and missionary in 
our midst." But not withstanding all this in his closing speech of the debate Dr. 
Newman sought to create the impression that he had been limited in time by his 
opponent. He said : "I regret very much that I have not time to notice all the 
points which have been brought forward. / desired to do so. I pleaded for more 
lime: but time was defied us, I am therefore restricted to one hour." (The debate 
p. 58). This lapse of the Doctor in the matter of truth was rebuked by the Deseret 
NtZi's. Editorially the day following the debate (see impression of the Daily 
News of Aug. 15th, 1870), and some of the above facts are set forth. 

67. Deseret Nezvs Editorial account, impression — Daily — June 15th. 

68. See Deseret Xczvs — Weekly — of June 17th, 1870. 

69. Dr. Newman in his Washington sermon had made an effort to substitute 
a marginal rendering for the translation of the text of Leviticus XVIII; 18; so 
that whereas in the text it reads : "Neither shalt thou take a wife to her sister, to 
vex her," etc., it would be made to read — from the marginal rendering — "Neither 


attention; he adhered strictly to the task before hini, namely, 
to })rove that the Bible sanctioned Polygamy. As to whether 
plurality of wives conformed best to modern ideas of the pur- 
pose of matrimony or not, that was beside the present issue; 
whether it was the most convenient and the most desirable sys- 
tem of marriage for all classes and conditions of men in modern 
times, was not the question. The plain, simple question for dis- 
cussion was, ''Does the Bible Sanction Polygamy," and if the 
giving of laws by Jehovah, which under some circumstances and 
conditions enforced a plurality of wives upon God's people as a 
rule of conduct is a Bible truth— and it is; if divine legislation 
conserving the rights of both polygamous wives and their off- 
spring can be cited from the Bible— and it can be; if blessing 
these unions and making them fruitful in direct answer to prayer 
is a Bible fact— and it is; if honoring with his favor and fel- 
lowship the offspring of polygamous unions finds Bible illustra- 
tion—and it does ; if owning and blessing as the special favor- 
ites and servants of Jehovah the men who practiced this system 
of marriage is the Bible represented attitude of Jehovah to- 
wards these polygamists,— and it is ; then, all this being true, there 
can be no (juestion that the Bible sanctions this form of 
marriage.'^" And yet it was not because the Bible sanctioned 
polygamy that it was accepted as matter of faith and practice 

shalt thou take one zvife tu another to vex her." etc. Acccplini; tliis render- 
ing Dr. Nevvmnn had in this passage the law of the Bihie he could find r.owhere else 
— "Neither shalt thou take one zi'ife to another." holder Pratt having observed the 
stress, that Dr. Newman hiid upon this marginal rendering, Imped that he wovdd 
introduce it in the dehate in the Tahernacle. .Accordingly he hiniself to encourage 
the Doctor and to give him confidence made reference to an unimportant mar.ijinal 
passage which had the desired effect. The Doctor armed with the opinion of some 
nicKlern Biblical scholars assiuned the marginal rendering as expressing "the great 
constitutional law, before which all other laws relating to plural marriage were to be 
nullified and vanished :iway like smoke;" hut h'lder Pratt took up the Hebrew 
phrase, "ishah et ahotah" which in th',- text of the authorized version is translated 
"a wife to her sister," and maintained it as the proper, legitimate, literal rendering of 
each w<jrd, much to sur|)rise of Dr. Newman who was not aware that his .Mormon 
ojjpoiv nt was accpjainted with the Hebrew. With the collapsing of his great mar- 
ginal law the rest of the Doctor's .irguments fell with it. (See the Dt'bate, and also 
subse(|uent article on "Dr. Newman's Marginal Law, by Orson Pratt. pid>lishcd in 
Connection with the Dehate. iip. (')8 7i). 

70. See the speech of Dele^;;lte Hooper in Con(.;ress. the Newman Washington 
Sermon with answer of l-'hler Orson Pratt; the I'ratt Debate; ami more 
especially Thelyphthora. Vol. 1. Ch, 1\'. pp. 7-4. t" .^O" My citation is to the sec- 
ond edition— I7><l— and the part of th<- work referred to deals more especially with 
the subject of "Polygamy, " the .autlinr saying this in (lefensi- of the title of his 
chapter; "polygamy strictly speaking is of two sorts; either when one woman pro- 
miscuously n<lmits of more husbands than one, or when one man is at the same 
time joined in marriage to more than one woman. The former of these is too ab- 


by the Latter-day Saints. On the contrary, it became a prin- 
ciple of faith and practice with them because God had revealed 
it to them through their Prophet as a true and righteous prin- 
ciple in itself, and permissible within certain limitations and 
conditions, and for specific purposes. The Latter-day Saints 
appeal to the Bible for its sanction was merely for corrobora- 
tion of the righteousness of the principle revealed to them in the 
new dispensation of things God was unfolding to the world, 
and this they found. As confirming the truth and righteous- 
ness of the revelation they had received, the Bible was perfect 
in its sanctions, and they could be assured that what God had 
sanctioned by so many and varied circumstances bespeaking his 
favor— noted above and expounded at length in the learned 
works cited, — could not be other than true and righteous. 

As for ])olygamy being at variance with the modern concep- 
tions of the purpose of the wedded state, a menace to the 
sanctity of the home and the convenience and pleasures of life, 
elements of the question introduced by Dr. Newman that were 
foreign to the issue in his debate with Elder Pratt, they con- 
stitute another question. Latter-day Saints did not accept into 
their faith and practice the plural wife system with the idea 
that it inoreased the comfort, or added to the ease of any one. 
From the first it was known to involve sacrifice, to make a large 
demand upon the faith, patience, hope and charity of all who 
should attempt to carry out its requirements. Its introduction 
was not a call to ease or pleasure, but to religious duty; it was 
not an invitation to self-indulgence, but to self-conquest; its 
purpose was not earth-happiness, but earth-life discipline, 
undertaken in the interest of special advantages for succeeding 
genertaions of men. That purpose was to give to succeeding 
generations a sui)erior fatherhood and motherhood, by enlarg- 
ing the opportunities of men of high character, moral integrity, 
and spiritual development to become in larger measure the pro- 
genitors of the race. To give to women of like character and 

horrent from nature, reason, and scripture to admit of a single argument in its fav- 
or, or ever to deserve a moment's consideration." The author therefore, by the word 
'polygamy,' only means the latter, throughout this treatis." (Thelyphthora, Vol. I, p. 
75, noteV It is in this sense also that the word is used in this History. More re- 
cent writers I may say, have added nothing in the way of scholarship or thorough- 
ness of treatment to Madden's argument for Bible sanction of polygamy, in the 
above work. 


dcvclopincnt a special opportunity to consecrate themselves to 
the hi^h mission of niotlieihood. The new and everlastin<»: cov- 
enant of niarria^i', was instituted for the fullness of (lod's 
glory.'' Under it "if any man espouse a vii-i::in," to (pK'tc the 
law, "and desire to espouse another, and the hrst jrive her con- 
sent; and if he espouses tlie second, and they are viri^ins, and 
have vowed to no other man, then is lie justified; he cannot 
commit adultery, foi- tliey are sxiven unto him [i. e. undei* the law 
of God and hy the authority of (iod's priesthood] ; for tlwif are 
given unto him to nmltijihi and rcplrnisli the earth," according 
to (Jod's connuandnu'ut, and to fulfill the })roinise which was 
given hy the I'athei-. "hefoi-e the foundation ol the world, 
and for their txaltatiun in the eternal irorlds, that theif may 
hear the souls of men; for herein," said Jesus. thi-ou,<^h wliom 
the revelation was «i:iven, "is tiie work of my Father continued, 
that he may be glorified.""- There is nothiniz; here or elsewhere 
in the revelation promising ease or happiness or j)leasui-e; there 
is nothing hut an exalte(] motive })resented for this marriage 
system, — the hearing of the souls of men, i-eplenishing the earth 
with the lace of men. l*r(»<Teat ion of the lace is the lirst and 
high purpose of the marriage institution, all else incidental; 
HFid procieation under conditions tlie most fav«)rahle to the wel- 
fare of the (dTspring, and hence to the race; lirst in givinir in 
larger measiji<' |)rogenitors of hiu'h chara-'ter men nlnt have 
given evideiuc (tf upiight, tcmpei-ate, \irtuftn> lives; \V(»men 
cliast*', nohle, and willing to coir'^ecrate their lives to the duty 
of motherho»)(i, to this end sacriliciim' eaithly pleasure, includ- 
ing tlie e\clusi\e companion->hi p kI" the hii-haiiil promised in 
monogamous marriages. .\s some women against the prompt- 
ings of natural inclinations of the <<»cial instincts, tif the crav 
ings for we<||ock c(nnpanion^hip. ami the desire fi>r olTspiing, 
will I'enonnee the world an<l the nolile nlVice of motherli«»<M| it 
Helf. and retiie into dismal retreats and spend tlieii lives in 
prayer and meditation. oril\ emerging into the world to render 
Hervice of t«'aching the youth, visiting the needy, or nnrsinir the 
nick; so phiral wives amoiiir the Latter day .Saint-, and tirst 
wives who eon^ciifed to their hii'-ltands eiiteiing into these rela- 

;i Kt\rlalic«n on M.irri;iK'-. H'" & Cov . «cc cxxxii; 6. 
yj RrvrLiluifi on M.if ri.nt<". Iliid vrr«c« 6I-63. 


tions, accepted the institution from the highest moral and relig- 
ious motives."^^'^ First as being a commandment of Grod insti- 
tuted ''for their exaltation in the eternal worlds, that they may 
bear the souls of men;" and, second, that they might bear the 
souls of men under conditions that gave largest promise of im- 
proving the race and bringing forth the super-men who shall lead 
the way to that higher state of things for which the world is wait- 
ing; and which the first condition precedent to obtaining, is a 
consecrated fatherhood and motherhood, such as is contemplated 
in the plural marriage system of the Latter-day Saints. The 
first consideration in this marriage system was not exclusive 
companionship, pleasure, ease, temporal happiness; but off- 
spring and their physical, moral, spiritual and intellectual 
welfare, in a word— race culture. This required self-dis- 
cipline, always involving sacrifice of self, and living constantlj'' 
in the tiniest and highest altruistic spirit. It was in the name 
of a diWnely ordered species of eugenics'^^ that the I^atter-day 
Saints accepted the revelation which included a plurality of 

It was not to gratify the sex lust of man that polygamy was 
instituted ; nor to provide a better system of sex-relations than 
monogamous marriage with promiscuous sex indulgence tacitly 
allowed ( i. e, prostitution). It is not enough to say that a plurality 
of wives is a better system, has more of justice in it, than momo- 

■J2V2. On this phase of the subject, the Right Rev. D. S. Tuttle, D. D., LL.D., 
formerly Bishop of Montana, Idaho, and Utah ; and for seventeen years a resident 
of Utah and therefore in personal contact with Mormonism, and later Bishop of 
Missouri — has an enlightening passage. He says in .a chapter on Mormonism: 

"I pause to remark that if some strength accrues to Mormonism from its 
adjustment to the nature of man, some un.suspected strength also is won to it by 
its appeal to the nature of woman. The self-sacrific in woman, the appeal is made 
to that. One knows not much of human life if he is ignorant that one of the dom- 
inating characteristics of woman is the power of self-sacrifice. If self-sacrifice in 
woman is continually in evidence in mothers, in wives of worthless husbands, in 
sisters, in religious communities, and in women giving up all in devotion to love, or 
or duty, or religion, who wcjnders that the appeal to it. as in the matter of polygamy, 
strange as it seems, must be accounted an element of strength to Mormonism. As 
matter of fact, there were no more strenuous and determined upholders of polyg- 
amy than most of the Mormon women who were personally sufferers by it. To their 
nature it was calamity and hateful. To their spirit it was religious duty and a 
call for self-sacrifice. Therefore they were loyal to it, determined to live in it, 
and if rieed be, to die for it. Spirit, roused and active, evermore predominates over 
nature." (Reminiscences of a Missionary Bishop. 1906, second edition, pp. 307-8). 

73. "F'ugenics, the science of generative or procreative development, the doc- 
trine of progressive development of the human race through improved conditions in 
the relations of the sexes; and "now recognized as a necessary development of the 
method into which Darwin has cast the thought of the age." See Century Dictionary. 


gamous marriage supplemeuted by a plurality of mistresses, or 
one wife and promiscuous indulgenre by prostitution; for the 
efficient answer to all that will be found in the ready reply to 
the (piestion, "why have either?" "Wliy not have monogamy, and 
insist upon strict continence within that relationshii) as the 
best adjusment of the sex-relations? Neither ke]>t mistresses 
nor pi-ostitution are a necessary addenda to monogamy,— ''the 
necessaiy evil" of some sociologiciil writers. Unless polygamy 
as taught under the new dispensation of the gosj)el and accepted 
by the Latter-day Saints can be held as a better system, or at 
least as presenting advantages for the race, under possil)le, spec- 
ial conditions, over and above those possessed by monogamy at 
its best, and without reference to those abhorrent sex relations, 
which while they often do exist in connection with monogamy 
are not a necessaiy corollary of it, then Mormon polygamy has 
no right to existence. 

This superiority over monogamy at its best, or as at least af- 
fording advantages to the race not ])<)ssible under universally 
enforced monogamy, can only be affirmed in the name of the 
species of the divinely appointed eugenics of the revelation on 
marriage referred to, by which a consecrated fatherhood and 
motherhood is provided in tlie race; the jwssibility of a larger 
fatherhood in the vdve by su]>erior men — tlie men of high char- 
acter, of upright, temperate, virtuous, religious lives referred 
to in a previous paragraph. To put llic defense of Latter-day 
Saint |)olygamy on a less exaIt4.Hl |)lane than this — whicii is the 
plan<' where (Jod's rev<'lation puts it -is to dcl)asc the institu- 
tion arnl make it irKlcfcnsible at tlie bar ol" enlightened reason, 
or l)»*fore mni;il jiihI relis^ious slaixlai'ds. 

While this \ iew sets foith procreation as the first i)ur])Ose of 
mari"iage it by no means ignores otlier piirpos(»s, nanu'ly, com- 
panionship, though it may place it upon a dilTereiit basis from 
tile ronipanionship of niniio^aiiious iiiai'i'iage. ( )ii the part of 
the man it will not be exclusive ; and lot- the wife it will not ))(» un-'i'n|)te(l. |'>ut for the man it will be a companionshii> inor(» 
discijdiiiary than is possible in nioriogainy ; and for woman a 
companionship of greater (iii,Miity, calling lorth in the mafiage- 
inent of her household in larger measure and use the exercise of 
execntive abilities, self reliance, and self control, leading t.o con- 


tro] over others in the domestic circle, that gives a queenly dig- 
nity to such a matron ; and for both lifts the association of hus- 
band and wife out of the uxorious sentimentality that too often 

in monogamy renders that association half or wholly contemp- 

It has already been stated in these pages^^ that the Church of 
the Latter-day Saints has never stood as the advocate of indis- 
criminate or general practice of a plural wife system under mere 
human or legal sanctions ; but on the contrary has held to a lim- 
ited and specifically guarded practice under what they have held 
to be divine sanctions, restraints, and regulations. It was indeed 
a principle of religion to the Latter-day Saints, a holy sacrament ; 
such restraints as the Church imposed, and limited as a religious 
privilege and duty to persons of high character and approved 
lives, and living under the most sacred obligations to chastity- 
it doubtless would have resulted in accomplishing that which 
was designed by its introduction into the faith and practice of the 
Cliurch ; viz : to enlarge the opportunity of superior men and wo- 
men to devote themselves to the establishment of a consecrated 
fatherhood and motherhood within the Church, though to do so 
they would doubtless have had to sacrifice many worldly advan- 
tages, personal ease, and temporal pleasures. Yet it would have 
afforded the opportunity of producing from that consecrated 
fatlierhood and motherhood the improved type of man the world 
needs to reveal the highest possibilities of the race, that the day 

r( /u' !1"^ '^ "'"'^c ^^ '^'lowed that the plural wife system offers more likelihood 
nr 1 fi ''' i'''"'^-^"t ^'f. ^"^-h "leal and dignified companionship, and makes more 
dor. W ^ir??^'""^"'',- " ^-T"" ^° '.'''" '^^'y °^^^ °^ motherhood than monogamy 
in.' ;ho ;^^ tt ^^^'■''"i'.'^^' difference m the natures of man and woman as touch- 
3 on^ v^.; ?.! clifference that it was reserved for a woman of the Church, 

c'ptable ptasedogy •"'^"' '" ''''' ''' "^""-^-^^ '''''^'' '^ P"^ '"^^ ^he most ac^ 

^bso'uudVdem.'nd'lrt''"'''"''"^,' «^, ^ ^^man, fulfilling her sphere of motherhood, 
alxsoaittly demand certain periods of continence, which if not granted her throuc^h 
thoughtful solicitude for her welfare by her husband, or self assumed by v?rtue 

h r life'Tnd-'hlirT"'""'' "J" ^ ^'" ^'^^"V^ V^^^^ ^' '''' agei^y.Te principle o? 
in rca inriaborf-l 1 '1'"°'''''^'^ ""?"' ^"'^ '^^ '' ^'''^^'^ to perform her ever- 
in rcasing labors and (hities upon a decreasing store of vitality There is nothin^^ 

ZilZcrvTvumt'^^^^^^^^ °^"'"'l^ ''^^ ^^^^'^ ^^^"-^^ thi's abSnce beyond 

and iZ , /anV^n 1!^!^'""''?^ ^"u ''^V """? ^'^'^ ^o me is a proof unanswerable 
belieCe a necess^ti fn?th''' f rnanhood and womanhood, of the divinity, and I 
of pHral marrhte'-' Zl l^^T "^ ^he human race, of the truth and divinity 

Sodetvn Salt Lake cT ^\ ^'T'^-' u" ''' '"'^'"'"^ before the Female Relief 
poU^l Jsib ■ ' "P^' °^ "''^''^ ^''^ published in the Woman's Ex- 

76. Chapter XL, note 6. 


of the superman might come, and with him might com.e also the 
redemption and betterment of the race.'^'^ 

Note 1. The Credit Mobilier of America: "During the po- 
litical campaign of 1872, great excitement followed the exposure 
of the so-called Credit Mobilier speculations. In the construction 
of the Union Pacific Railroad it was found expedient to organ- 
ize a corporation of contractors to do the work. Large profits 
were expected from the operations of the company, which was 
named "The Credit Mobilier of America." During the years 
1867 and 1868, the chief promoter of this enterprise, Mr. Oakes 
Ames, a rich manufacturer and a representative in Congress from 
Massachusetts, sold many shares of the stock to members of 
Congress. As the fortunes of the company might be affected by 
the action of Congress (although this was denied), the holding 
of stock by men whose votes might determine this action was 
naturally regarded as improper, to say the least. The fact that 
iVmcs did not demand cash payments for the stock so disposed 
of, but allowed the payments to be deferred until the earnings 
of the company should bring generous dividends to the share- 
holders, was cited as evidence that this was practically a gift of 
stock to each man who received it on those conditions. The pub- 
lication of the facts, which were [said to be] vastly exaggerated 
and over-colored, added zest to the [Presidential] canvass of ' 
1872 ; and when the House of Representatives in the following 
year took up the matter and ordered an investigation, the 
volume of political gossip was greatly increased. Letters and 
other documents were produced, and a popular saying v/liich long 
survived was extracted from the proceedings. Ames had declared 
that ill the distribution of Credit Mobilier stock he had i)laced it 
'Wlwrc it would do the most fjood.' The House Committee, 

77. Of course it will hi- uiKkTsUxxl that tiic forcRoinj; statements and arguments 
are hut an academic setting fortii of the i)hiral marriage system of the Church, and 
arc not intended as propaganda of if. Tlie Congress of the United States passed 
laws against ixjlygamy as practiced by tlie Church, while Utah was a Territory, 
and the .Su|)reme Court of the United States having passed upon and iiphcld the 
constitutionahty of those laws, the Church after contesting in the courts by con- 
stitutional means every |)hase of the law until all the law points were settled, then 
yielded to the law and by (^iTicial manifesto discontinued the practice of polvgamous 
marriages (Oct., l8()0). This for the reason that one of ihe articles of the Mor- 
mon faith declares: 

"ll'c bcHci't- in hciitf^ siihjnl io L-inns, f>>rsiilt-iits. ndrrs tnui iiuii^tslrtitrs, iit 
obeying, honoring and sustaining the la^v." 

'! lierefore, |)Iural marriages wen- discontimied by the act of the Church, 
while Utah was still a 'liTritory, and the responsibility for the discontinuance is with 
those who en.icted and sustained the law against that princi|)le of the faith of tiic 
Latter day Saints. A constitutional provision forever prohibiting "polygamous or 
Ijlur.d marriages" was re<pured as a condition precede nl to statehood for Utah, and 
was ado|»led by the slate constitutional convention. So thai polygamous marriages 
are forbidden in Utah by the law of the state, and are nihibited by the Church evcry- 
iwhere. No plural marriages now receive her sanction. 


after a long and patient examination, exculpated all the men 
who had been involved in the charges of corruption, but recom- 
mended that the stigma of ''absolute condemnation" be fixed 
upon James Brooks, of New York, a member of the House 
and a Government Director of the Union Pacific Railroad, and 
upon Cakes Ames ; the former was thus censured for ' ' the use 
of his position to procure the assignment of Credit Mobilier 
stock;" and Ames's offense was declared to be that of 'seek- 
ing to procure congressional attention to the affairs' of his 

"The investigation blighted many reputations of men who had 
before that time stood high in public esteem. While the inquiry- 
was in progress, popular interest was kept on the alert to see 
which of the prominent men in Congress would next fall before 
the deadly influence of the famous 'little memorandum book' 
from which Mr. Ames refreshed his memory while under exam- 
ination. The very name of his corporation became a byword 
and a hissing; and it sufficed to ruin any public man's fair fame 
to say truly of him that he was 'a Credit Mobilier statesmen.' 
On the other hand, the divulging of facts which showed the enor- 
mous profits of this peculiar enterprise greatly whetted the pop- 
ular appetite for speculation and to a considerable extent de- 
moralized the people." (Hist, of U. S. Bryant-Gay-Brooks, 
Vol. V, pp. 436-7). 

Note 2. Schuylkr Colfax's Decline in Popularity and his 
Connection with Credit Mobilier of America. Schuyler Col- 
fax was bom March 23rd, 1823 ; and was the grandson of the 
last commander of Washington's life-guard. He was elected 
inJS^ovomber, 1868, Vice-President of the United States. "In 
1870 Mr. Colfax wrote a letter declaring his purpose to with- 
draw from public life at the close of his term as Vice-President. 
He was subsequently led to change this determination, and in 
the K^'puhlican National (Convention at Philadelphia in 1872, 
he was a (.-andidate for the nomination as Vice-President and 
received 314 VL« votes, 384 i/j being given to Henry Wilson of 
Massachusetts, who was accordingly nominated on the first bal- 
lot." (The Am^M-ican (^yclopeadia. Vol. V, Art Colfax). About 
the first of September, during the presidential campaign charges 
of bribery and corruption in connection with the Union and 
Pacific Railroad, and its construction company, the "Credit 
Mobilier of America" were cast into the Arena; and Mr. Col- 
fax, being urged thereto by his many friends, made a speech at 
South Bend, Indiana, his home city, defending himself and others 
against these charges. Of this speech even his biographer, Mr. 
0. J. HoUister, a relative of the Vice-President by marriage, 


(he was married to Mr. Colfax's half sister), and the United 
States Revenue collector for Utah, says: ''In the light of sub- 
sequent events this speech was charged against the Vice-Presi- 
dent as intentionally misleading, because it purj)orted to make 
a personal exi)lauation, and it did not make it a full one. By 
making it seem as if the personal explanation was the first in- 
stead of tlie merest incident of the speech, some color was given 
to the charge." (Life of Colfax-Hollister, pp. 384-5). Even 
his friend Bowles, Editor of the Springfield (Mass.) Republi- 
can bitterly denounced Colfax for this speech (Id.). 

In 1S73 Mr. Colfax was implicated in the charges of corrup- 
tion brought against nu'mbers of Congress who had received 
shares of the "Credit Mobilier of America," and was repeatedly 
examined before the congressional committee appointed to 
investigate the matter. A resolution dire(!ting the judiciary 
connnittee of the house of representatives to inquire if the evi- 
dence taken by the committee called for the impeachment of any 
officer of the government, brought forth the re])ort, on F^eb. 2C), 
1873, declaring that there was no ground for the ijni)eachment 
of Mr. Colfax, inasmuch as the alleged oifense of bribe taking, 
if committed at all, find hren committed before he bi'come Vice- 
Prcsidf'iit. This rei)ort was accepted, and nothing more done 
with the matter (The American Cyclopedia, Vol. V, Art. Colfax, 
I». 54). 

And there the matter rests so far as the congressional investi- 
gation is concerned. 

It should be said, however, that the "resolution for iuipeach- 
ment" proceedings failed by the narrow margin of three votes; 
as the Washington .l/o ////)/// Post pnt it "a resolution for the 
imi>eaehment of the bribed and perjured Colfax faih'd by a ma- 
jority of three votes." (The Post article is co|)ied into Mill. Star, 
Vol."X\X\\ p. LMD'JI. S«M' also Congressional IJeconl iMltli and 
l^Tth of l-'ebruaiy, 1S7.'!, for report respecting imj)eachinent ). The 
most incriminating circumst^mce against Mr. Colfax is thus 
stated by the New ^'ork TriinDO': "The astounding developments 
in the ('redit Mobilier invest igatioii, make it necessary for the 
\'iee President to show, if he <an. that he has not sworn falsely. 
The circumsUmces are these: Mr. ('olfax «ieni«Ml that he had re- 
ceive<l a certain specific divi<lend of $1,21)0 on ('redit Mobilier 
stock. Mr. .\mes swore positively that he gave the \'ice Tresi 
dent a check on the Houst? Sergeant at Arms for that amount. 
The check, dated .luiie 20, 1H()H, is produced; it was paid .lune 
21. Mr. ( 'olfax '> hank a<'count is examiiu-d an«l it is found 
that on June 22. isCiH, he deposited the precise amount of $1,200 
in hank noU's ; and, as if to emphasize the fact of the iieposit, 
the whole amount of it was specitied to be $1 .OdHJl'l, of which 


all but $1,200 was in checks. The fatal sum stands by itself. 

''We have not the heart to comment at length on this appar- 
ently utter and deplorable fall. We hope, for the sake of the 
pure name which Mr. Colfax has so long borne before the country 
—for the sake of the country itself we hope— that he may yet 
be able to break down this damning wall of circumstantial evi- 
dence which has slowly encircled him. The only way of escape 
is to prove that the $1,200 deposited on June 22 was received 
from some other source than the agent of the Credit Mobilier 
Association." (The Tribune article is quoted in Mill. Star, 
Vol. XXXV, p. 117-18). 

Colfax "professes virtuous indignation at the statement of 
Ames, ' ' said the N. Y. Herald correspondent, under date of 23rd 
of January, 1873, "and pronounces them 'infamous.' But it is 
known that to-morrow a respectable cashier in the office of the 
Seregant-at- Arms-Moses Dillon is his name— will swear that he 
paid the check made payable to Schuyler Colfax." (The Her- 
ald Article is reproduced in Mill. Star, Vol. XXXV, p. 117-8). 

Then came the climax: "Mr. Ames deposed before the com- 
mittee that he had paid to Mr. Colfax on a certain day $1,200 
as dividends on Credit Mobilier stock held by Mr. Colfax ; that 
unhappy gentleman replied under oath that he had never held 
a share of the stock, nor received a penny from Ames ; and then 
was struck dumb by the production by the latter of an account 
book, in which the payment was duly set down, and by evidence 
that on the day after the payment Mr. Colfax had deposited at 
his bankers the indentical sum in question. It required several 
days for Mr. Colfax to invent his reply to this unexpected proof 
of his guilt; but at length he came forward with the lame story 
that by a remarkable and most unfortunate coincidence he had 
on the day named received from a person now dead, in an 
unregistered letter now destroyed, a present of $1,000, and that 
the remainder of the $1,200 he had received on the same day 
from his stepfather." (Morning Post, reproduced in Mill. 
Star, Vol. XXXy, p. 220). "J?e is dead," said the Albany 
Times of the period, ' ' and on his tombstone should be inscribed, 
'Died of too much Credit Mobilier.' " (The Times Article is 
copied into the Mill. Star, Vol. XXXV, p. 119). 

It is but just to Mr. Colfax to say that he denied the truth 
of the charges made against him, and his friends have always 
regarded his character as irreproachable. 

On the other hand, his opponents during the winter of 1873— 
and some followed him with it to the close of his life— vehem- 
ently assailed him with these charges of corruption, and it can- 
not be denied but that they cast a shadow over the latter part 
of Mr. Colfax's life. 

Historic Views and Reviews 

R. E. Paksons Heads Historical Society 

From Flushing Evening Journal, Tuesday, June 16, 1914. 

Robert E. Parsons of 371 Broadway was elected president of 
the Flushing Historical Society at the annual meeting in the 
Old Bowne House, Bowne avenue, Monday evening. Mr. Par- 
sons succeeds William G. Kirkland of 120 Lawrence street. 

John T. Van De Water of 99 Madison avenue was re-elected 
first vice-president. Miss Fannie C. Lowden of 173 Barclay 
street was elected second vice-president ; Clinton B. Smith, Jr., 
of 137 Maple avenue, treasurer; Miss C. M. Parsons of 371 
Broadway, secretary, and Harvey K. Lines of 28 Sanford ave- 
nue, corresponding secretary. 

Fifteen persons attended the meeting. A feature of the meet- 
ing was an historic reading by Josiah C. Pumpelly of Manhat- 
tan, historian of the Sons of the Revolution. He read papers on 
the lives of William Floyd and Francis Lewis, both signers of 
the Declaration of Independence and at one time residents of 
Long Island. Mr. Pumpelly also read a number of amusing 
epigrams and epitaphs. 

According to Mr. Pumpelly 's papers, both Mr. Floyd and Mr. 
Lewis were natives of England who had come to the Colonies as 
young men to seek their fortunes. When the break between 
Great Britain and the Colonies came, both were found ardent 
patriots and exponents of the cause of liberty. Mr. Floyd lived 
on the south side of Long Island near Southampton. 

The sketch of Mr. Lewis was the more interesting from a 
Flushing viewpoint. According to legend, he lived for a time in 
Whitestone near the site of the Schermerhorn place at White- 
stone Point. The records are not clear, however, and the exact 
location of his Whitestone home has never been decided. 

Mr. Lewis was buried in Trinity churchyard, Manhattan, but 



for a long while many authorities disputed that fact. Several 
years ago, however, the records were searched at the instance of 
the Sons of the Revolution, and it was established that Mr. Lewis 
had been buried in the historic churchyard. 

**But while we are sure that he was buried in Trinity church," 
said Mr. Pumpelly, ' ' we have been unable to find his grave, and 
his remains are lost somewhere in that historic burying ground 
in the heart of Manhattan." 

The members of the historical society displayed great interest 
in the passing of ''Ye Olden Tavern," popularly called "The 
Fountain House," at Broadway and Main street, to make way 
for a moving picture theatre. Robert E. Parsons said he was 
extremely sorry to see the old house go. 

*'I wish something could be done to preserve it," said Mr. 
Parsons. "1 have been talking with Jacob Haubeil about it, and 
he has agreed with me that it would be a splendid thing to save 
the building. It would, of course, have to be moved to another 

Christopher Clarke said that he believed that the expense in- 
volved in that plan would make it impossible to save the old 
building. It was decided to have a good photograph taken of 
the Fountain House for the archives of the society. 

The days when Flushing had no water system and when citi- 
zens had to get their water at village pumps were recalled when 
Christopher Clarke presented the society with a receipt that his 
father, the late Robert L. Clarke, had been given on November 
20, 1869, after paying $8 pump tax. The tax was for the use of 
the old pump at Bowne and Sanford avenues. The receipt was 
signed by Henry Clement. Village Treasurer, and W. H. D. 
Nimmo, Village Clerk. 

Mr. Parsons gave the society a set of resolutions drawn up 
by the Village Trustees on January 1, 1891, on the occasion of 
the late Henry Clement's retiring from the treasurership. The 
resolution thanked Mr. Clement for his twenty-five years of ser- 
vice to the village, and congratulated him on the fact that during 
that time the village had never sustained a financial loss. 


The Proper Use of the American Flag 

President Wilson on June 15, 1914, in speaking to a great 
crowd of citizens assembled before the State War and Navy 
Building at the National capital to celebrate "Flag Day," in the 
course of his address, pointed toward an American flag hoisted 
by a scjuad of lilucjackets and uttered this patriotic sentiment 
that will go down to posterity as an earnest of his endeavor 
when the (juestion of the settlement of the Mexican question was 
before the board of arbitrators assembled at Niagara Falls. 

"Thi.s fliuj for the future is meant to stand for tJie just use of 
undisputed national power." 

The address as reported is as follows : 

**()ur spirits as well as our States are now reunited, and no- 
body questions our ability to push forward our economic affairs 
upon lines of unparalleled successes and prosperity. 

"I sometimes wonder why men take this flag and flaunt it. If 
I am res])ccted, I do not have to demand respect. If I am feared, 
I do not have to ask for fear. If my [)owcr is known, I do not 
have to proclaim it. I do not understand the temper, neither 
does this nation understand the temper, of men who ust' this flag 

"This ilag for tlui future is meant to stand for the just use of 
undisputed national power. No nation is ever going to doubt 
our powci- to assert its rights, and \vc should l;iy it to hcai-l that 
no nation shall ever henceforth doubt oui- puipose to put it to the 
highest uses to which a great emblem of justice and governmeut 
can be put. 

"It is iii'iiceforth to stand for self pessession, for dignity, for 
the assertion of the right of one nation to serve the other nntions 
of tli(; world an emblem that will not condescend to be used for 
purposes of aggrosion ;iri(l self aggran<li/.enient ; that is too 
great to he (h'hascd by scllishliess ; thai has Nindicalcd ils lagiit 
to be hoFiored by all nation^ of the world and feared by none who 
do righteousness. 

'*Is it not a ptoud lliing t<i --tatKl uiHJer such an enihleiu .' 
W'nuld i1 not be a pitiful thiriLC evei- to make apologv and ex- 
planatinn of anythim,'- that we e\ei' <li(| under- the lea(ler>liip of 


this flag carried in the van? Is it not a solemn responsibility 
laid upon us to lay aside bluster, and assume that much greater 
thing, the quietude of genuine power 1 So it seems to me that it 
is my privilege and right as the temporary representative of a 
great nation that does what it pleases with its own affairs, to say 
that we please to do justice and assert the rights of mankind 
wherever this flag is unfurled." 

AUGUST, 1914 




Biographical Sketches of the Four Signers of the Dec- 
laration of Independence from New York. 

By Josiah Collins Piiiii])elly, A. M., LL.B., His- 
torian of the Empire State Society, Sons of the 

American Revolution (325 

General Lewis Morris. 
Phili]) Livingston. 
General William Ployd. 
Francis Lewis. 

Battle of Fort Sullivan, June 28th, 1776. 

By Thomas E. Tully 654 

History of the Mormon Church. 

By Brigham H. Roberts 668 

David T. Nelke, Editor. 

JosiAii Collins Pumpelly, A. ^L, LL.B., Member Publication 
Committee New York Genealogical and Biographical So- 
ciety, Associate Editor. 

VifTOFi Tlcfio DiitAs, 1). C. L., M. Diplomacy, Historian of the 
American (Jroup of tin* Interparliamentary Tnion of the 
Congress of the Unite<l States, ('(nitrilmting Editor. 

ruhiishcd by the National Americana Society, 

David I. Nelkk, President and Treasurer, 

VM East 23rd Street, 

.\ew York, N. Y. 


Copyright, 1914, by 

The National Americana Society 

Entered at the New York Postoffice as Second-class Mail Matter 

AH rights reserved. 



August 1914 

Bibographicai Sketches of the Four Signers 

of the Declaration of Independence 

From New York 

by josiah c. pumpelly, historian, empire state society, sons of 
the american revolution 


THE following sketches were written in a less extended 
form for the above Society under Resolution of the 
National Society, S. A. R., 1910, "recommending that 
each society in the thirteen original states have printed 
a memorial of the Signers of the Declaration of Independence 
from that state, such memorial, to be an octavo and including a 
concise and accurate account of the more significant events in 
the career of each signer, together with a bibliography, and pos- 
sibly selections from some of their more notable utterances. 
Matters of ancestry and posterity should be briefly touched upon 
and the wives of the signers should receive due recognition. 

The illustrations should include the most authentic portraits 
of the signers, with possibly those of their wives, where the lat- 
ter are available, with fac-simile signatures. Views' of their 
dwellings, birth places, graves and other notable structures or 
objects associated with the signers should be added. Fac-similes 
of significant letters might also be acceptable, but the number of 
illustrations should not much exceed five for each signer." 

When these separate memorials are completed or at the end 
of some definite period a general volume including a fac-simile 
of the Declaration and views of Independence Hall, the Liberty 
Bell, exterior and interior views with function and other matters 
associated with the signers. 

(625) .• /.:, 


The Resolution then goes on to say, **We also favor the iden- 
tification of as many as possible of the graves of those who 
gave form to that immortal document, though not appearing 
among the signers of it. Revolutionary officers and soldiers and 
the marking of their graves with the markers furnished by the 
Federal Government, this work to be done by the State Socie- 
ties and reports made annually to the National Society. 

We favor the restoration of structures intimately associated 
with the signers (or those who bore an active and prominent 
part in connection with the Declaration) as landmarks, and the 
utilization of the same where practicable for patriotic pur- 

The sketches are here published with the consent and ap- 
proval of the Society of which the writer is the historian. 


The first of the four signers from New York was Gen- 
eral Lewis Morris, who was born at Morrisania, West- 
chester County, N. Y., April 8, 1726, where he died Jan- 
uary 22, 1798. He was the eldest son of Hon. Lewis Mor- 
ris, Judge of the High Court of Admirality, and Cath- 
arine Staats, his wife, and grandson of Hon. Lewis Morris, first 
Governor of New Jersey as a separate Province from New York, 
and his wife, Isabella Graham, daughter of Hon. James Graham, 
Attorney General of New York, and a descendant of the ''Gra- 
ham of the Isles." He was the eldest of four brothers, one of 
whom was a general officer in the British army and a member of 

Morris graduated at Yale College in 1746, but not receiving 
both his bachelor and master degrees until 1790. He entered on 
the care of his large estate at Morrisania becoming a farmer 
on an extensive scale in the "golden days of the Colonies." He 
declared that the act requiring him to give additional supplies 
for the King's troops was tyrannical and unconstitutional and 
this action caused him to be chosen, after the battle of Lexing- 
ton, a delegate to the provincial convention, held at the city of 
New York, April 22, 1775, Lewis Morris, Philip Livingston, 


George Clinton, James Duane, John Alsop, Simon Boerum, Wil- 
liam Floyd, John Jay, Henry Wisner, Philip Schuyler, Francis 
Lewis and Robert U. Liyingston, Jr., "who, or any five of them," 
as the Commission reads, were entrusted with full power to 
"concert with the delegates from the other colonies and determ- 
ine upon such measures as should be judged most eifectual for 
the preservation and re-establishment of American rights and 
privileges, and for the restoration of harmony between Great 
Britain and the Colonies." 

Lewis Morris, together with several of his colleagues, at- 
tended this congress, and on July 4th, 1776, he, together with 
AMliiam Floyd, Francis Lewis and Philip Livington, affixed 
their signatures to the Declaration of Independence in behalf of 
The State, and on the 9th of the same month, the Convention of 
New York, assembled at White Plains, unanimously ratified 
their action and sanctioned the measure. 

»lust before the signing, Lewis Morris received a letter from 
his brother, Staats Morris, a general in the British army, beg- 
ging him not to take so rash a step and to think of the conse- 
quences. "Damn the consecpiences ; gi\'e me the pen!" was the 
reply of the impulsive Morris. And it was at this time, and to 
Morris and others, that Franklin nuide his famous bon mot. 
"Gentlemen, in this matter we must all hang together, or else 
we shall all hang separately." 

Morris knew then that the British fleet was lying within can 
non sb')t of the Morris homestead and its 1,(){)() acres of wood- 
land, and as was feared would be the case, his forests were 
burned and tenants dispersed so that they were eompelled to flee 
from Morrisania and take refuge on hinds that he owned in New 
Jersey. Aft(M' the wai- (Imt'i-al Mmi-i'Is rctnined and by degrees 
restoicd liis estate to an orderly condition. 

In 1777, he relin(|uishe<l his scat as a icpresentative in con 
^ress from New York and in the le.uislatnic of liis state as a 
ineiiibcr of the Assenil)ly and disjilayed nndannteii spii-it and 
untii-i/i:.', zeal, and wiii'.e ably assisting in or^j^anizing and e(|uip- 
i)in^ tile militia in which organization he rose to the rank of ma- 
jor-general. His wife, Mary Beekman Walton, was a woman of 


marked ability, and high character. They had six sons and four 

The Morris homestead stood on what is now the corner of 
130th St. and Cypress iVvenue, and near by was the home of 
Lewis Morris, the signer, and in St. Ann's Church, corner St. 
Ann 's Avenue and 140th Street, Morrisania, there is a memorial 
window and several tablets in memory of the Morris Family, of 
Morrisania, on one of which appears this record : 

"General Lewis Morris, eldest son of Hon. Lewis Morris 
and Catherine Staats, born at Morrisania, April 8, 1726, where 
he died, January 22, 1798. He served in the army of the Revo- 
lution as also did his three sons, Lewis, Jacob and William, and 
he was one of the Signers of the Declaration of Independence. 
And his wife was Mary Beekman Walton, who died March 11, 

In the Morris High School at 166th St., Boston Avenue are 
two mural paintings ; one represents the signing of a treaty of 
peace between the Dutch and Indians in 1642 at the house of 
Jonas Bronck and the other portrays Gouverneur Morris, a half 
brother of the Signer, as he appeared before the convention for 
framing the National Constitution. 

This Jonas Bronck who died prior to 1643, owned all the 1920 
acre tract of land called by its owner ''Emmaus" and by the 
Indians "Ranachque" and 'twas this tract which by royal grant 
came into the possession of a certain Colonel Lewis Morris 
formerly an officer in Cromwell's Army and member of the 
Council of Barbados in 1654, where he owned a large estate, and 
from him it went to his nephew, Lewis Morris, first lord by royal 
patent, of Morrisania and later on the first native born chief jus- 
tice of New York. 

The Pennsylvania and Maryland Morrises are not related to 
the Morrisania family, but the celebrated loyalist, Col. Roger 
Morris, was unquestionably of the same original Welsh stock as 
the Morrisania Morrises vide the arms, which are the same, not 
even varying as to tinctures, "gules a lion rampant regardant 
or," though naturally the quartering and crest differed. 
It is a curious historical circumstance that two such 
conspicuous families, descending from the same ancient Welsh 


progenitor, though with no immediate ties of blood, of equal 
social consideration, though totally different political principles, 
appeared together in the same country at a critical period of 
American hiitory in which both were destined to play a notable 

In 1746 Judge Lewis Morris inherited the property and on his 
death his two sons the portion west of Mill Brook going to Gen- 
eral Lewis Morris, the subject of this sketch, while the Eastern 
part went to Staats Ijong Morris, his brother (b. in Morrisania 
Aug. 27, 1728; d. in 1900), afterward a Lieut. Gen'l. in the 
British Army and Governor of the Province of Quebec. 

This tract was purchase by Gouverneur Morris, half brother 
of Lewis, the Signer, who was senator and minister to France, 
1792 to 1794 and whose son, Gouverneur, years after, on July 
17, 1841, erected St. Ann's Church in memory of his mother, 
Ann Carey Randolph. She was a daughter of Thomas Randolph 
of Roanoke, Virginia, seventh in descent from the Indian prin- 
cess Pocahontas. Her body is interred under the Church while 
her husband's is in his son's vault in the grounds. 

In the vaults beneath St. Ann's Church repose the remains of 
many distinguished patriots both men and women, including 
General Anthony Wayne's aide-de-camp. Captain William Wal- 
ton Morris, Judge Robert Hunter Morris of the Supreme Court 
and thrice Mayor of New York City, Major-General William 
Walton Morris, a hero of the Florida, Mexican and Civil War, 
Col. Lewis Gouverneur Morris, memlier of the Westchester War 
Committee in 18()1, Ca])taiu John Pine Morris, who did heroic 
service in the taking of Port Hudson and Lieut. Gouverneur 
Morris, U. S. Marine Corps. 

Lewis Morris' eldest son. Col. Lewis, was graduated at Prince- 
ton in 1774, entered the army and served as aide to (Jeiieral John 
Sullivan with the rank of major throughout tlie hitter's Indian 
campaign. He was also attaclied to General Nathaniel Greene's 
military family and took i)art in his brilliant ()])erations in the 
Carolinas and at their close he received tlie thanks of Congress 
and a c/)loners commission. 

Another son, Richard Valentine, was a])i)ointed captain in the 
navy in June, 1798, and was in command of the Mediterranean 
squadron in 1802-3; died in New York C'ity, May, 1815. 


Gouverneur Morris, the signer 's half brother, his mother hav- 
ing been Sarah Gouverneur, was born in Morrisania, N. Y., 
Jan. 31, 1752, died there Nov. 6, 1816, was graduated at King's 
College in 1768, was admitted to the bar in 1771, was a delegate 
to the 1st Provincial Congress in 1775 and early attracted at- 
tention by a report and speech on the mode of issuing a paper 
currency by the Continental Congress, the chief suggestions of 
which that body subsequently adopted. He served on the Com- 
mittee that drafted the State Constitution in 1776 and the fol- 
lowing year took the seat of his half-brother, Lewis, in the Con- 
tinental Congress which he held until 1780. 

He served as one of a Committee appointed by Continental 
Congress to visit our army in its winter quarters at Valley Forge 
and examine into the condition of the troops. 

He was also chairman of a Committee of five in 1779 who ex- 
amined dispatches from our commissioners in Europe and its 
report formed the basis of the treaty of peace. 

In 1780 he published several essa5^s signed "An American," 
on the state of the national finances then at their lowest ebb. On 
account of a severe accident received from being thrown from 
his carriage, he had his leg amputated and for the rest of his 
life wore a wooden leg, which once proved valuable to him. 
While driving through the streets of Paris during the French 
Revolution he was assailed by the mob with the cries of "Aris- 
tocrat." He turned the taunts into cheers by thrusting his 
wooden leg out of the window and shouting "An aristocrat! Yes, 
one who lost his limb in the cause of American liberty!" 

AVhen Robert Morris was placed at the head of the finances of 
the nation his first act was to appoint Gouverneur Morris his 
assistant, which place the latter occupied for three and a half 

In 1780, on the death of his mother Gouverneur Morris pur- 
chased from his brother, Staats Long Morris, the Morrisania 
estate which ho henceforth made his home. 

He was a delegate on the Convention of 1787 at Philadelphia 
that framed the Constitution of the United States, the draft of 
that instrument being placed in his hands for final revision be- 


cause of his acknowledged superiority in the use of the English 

December 18, 1788, Morris went to Paris and in 1791 to Eng- 
land, as confidential agent appointed by Washington to nego- 
tiate with the British government regarding certain unfulfilled 
articles of the treaty of ])eace and while there was made United 
States Minister to France. In 1794 he was succeeded by James 
Munroe and afterward while at Minna he used strenuous efforts 
to obtain the release of Lafayette from his confinement in the 
fortress of Oimutz in Moravia. 

In 1798 he was elected to the LTnited States Senate from New 
York and there favored the discontinuance of direct taxation 
and the purchase of Louisiana. He advocated New York's great 
canal project as proi)osed by Clinton and acted as chairman of 
the board of canal commissioners from their first appointment 
in 181U until his death. 

James Kenwick in his "Life of Clinton" says: ''Morris was 
endowed by nature with all the attributes necessary to the ac- 
f.'o/nplished orator and a fine and commanding i)erson, a most 
graceful demeanor which was rather heightened than impaired 
l»y the loss of one of his legs and a voice of much compass, 
strength and richness." In person he so closely resembled 
Washington that he stood a> a model of his figure to Iloudon 
the sculptor and he also boie a striking resemblance to Louis 
Sixt<'enth of I'" ranee. When on his deathbed he said: "Sixty- 
five years ago it pleased the Almighty to call me into existence 
here on this spot in this very room, and how shall 1 complain 
that lie is pleased to call nie hence." 

lie was tile autliui- of many essays an<l addresses and |)o!itical 

.Ja<'ob .Morris. s«'cond >on of the Signer, soldier and grand- 
father of Mrs. Hamilton Fish, Sr., was bor?i in Morrisania. \h'{'. 
2H, 1755 ; died in I >iit tenmf s. n<»\v Mni ris. ( )t>s,.go ( 'o., N. ^'.. ,Ian 
nary in. ls44. lir was app(»inted aide <le camp to (icncial 
('harles Iy4M' and sei\«'(l with credit at Fort Moultrie and in many 
other engagements; was also on (ieneral (ireene's stalT. .\ftcr 
the war he si-rved in both the Assembly and Smate (\\' the New 
York legislature, lie had the rank of ij^eneial of militia. As 


partial compensation to his father, Lewis Morris, the Signer, 
and his Uncle, Judge Richard Morris, for losses sustained by 
them in the Revolution, the State of New York granted them a 
tract of thirty thousand acres in what was then Montgomery 
County, N. Y. Thither General Jacob Morris removed in 1787, 
and became the pioneer in the development of that region. He 
is the only one of the three sons of the Signer, who fought with 
him in the Revolution, who does not lie beside him at Morri- 
sania. Late in life he married a second time and had one son, 
'William Augustus Pringle Morris, who is probably the only liv- 
ing grandson of one of the N. Y. Signers. 

In concluding this record of the Morris family, so intimately 
connected with the history of the county of Westchester, it is 
not inajipropriate to recall the fact that the spirit of patriotism 
and loyalty to one's country did not terminate with the older 
generations. General William Walton Morris, a grandson of 
General Lewis Morris, one of the Signers of the Declaration of 
Independence, not only saw active service in the Seminole and 
Mexican wars, in the latter of which he was promoted for gal- 
lantry in the field, at the Battles of Palo Alto and Resacade la 
Palma, but serv^ed throughout the Civil War, dying at its close 
in command of an army corps, and like his grandfather, with 
his three sons all in the army and navy. One of them Major 
Arthur Morris, of the 4th Artillery, U. S. A., served with the 
Second Army Corps, of the Army of the Potomac all through 
the Peninsular campaign, and was wounded at the battle of An- 
tietam, where his Battery was so hotly engaged that its Captain 
was killed and half its men sacrificed, and for this Lieutenant 
Morris was rewarded by the brevet rank of Captain, when only 
nineteen years of age. In the second volume of Bolton's History 
of the County of Westchester, page 500, there is this mention of 
General Wm. Walton Morris. 

*' In St. Ann's Churchyard repose the remains of Major Gen- 
eral W. W. Morris, U. S. A., a member of the Morris family, 
whom it will be remembered, was the first military officer who, 
during the late Civil War, refused to obey a writ of habeas 
corpus, while in command of Fort McHenry, at Baltimore, Md. 
At first public indignation was aroused against him, and it was 


at one time proposed by the Governmeut to deprive him of his 
commission. U])0ii solier second thmifrht tlie (Tovcrnmcnt con- 
cluded that liis act, though high handed, was justiticd In- the 
emergency. Following is the correspondence upon the subject: 

ll('ad(|nartcrs, Fort McHcnry, Md. 

May Sth, 18(U. 

Colonel: — I wish most respectfully to inform the Lieutenant- 
General commanding, that during the past week a writ of Habeas 
Corpus was issued by the Hon. .ludge Giles, of the United States 
District Court, for the District of Maryland, commanding me to 
]>roduce tlie body of dohn G. Mullen, a recruit of the United 
States army, on the alleged ground that said Mullen was a minor 
at the time of his enlistment. 

I have the honor to enclose an article from the Baltimore Sun 
(No. 1 ), a co])y of my letter to Judge Gile (No. 2) and a co])y of 
the judge's reply (No. ."{), wliich will afford the Lieutenant-(^en- 
eral all the knowledge of the subject which I possess. 

I respectfully recjucst that the Lieutenant-iJeneral will furnish 
me with tlie laws and orders now in force with reference to the 
discharge of soldiers enlisted as minors. 

Very respectfully your obedient servant, 

(Signed), W. W. Moitius, 

Majt»r 4th Artillery, 
Asst. Adjt. Gen., Conunanding. 

Head(iuarters of the Army, 
Washington City. 

From th<' P>altimore Sun of Monday. May T.. l^i'd. 

(Local NL-itters.) 
Thf Ildhras Corpus Rrfiisul. On Saturday it was stated tluit 
a Ihihrtis Ctitjnts, issued by .Indgc (liles of the Lnited Slates 
('<»nrt f«tr tlic siirrmdci- of tlic Inwiy of .lolin (i. Mullen, lias 
Immmi refused hy the coniniandant of Lort .Mclieiiry. On Satur- 
day .ludge (lilcs issued the following ortler t»t he entered on the 
record of the Court, .\fter quoting tln' title of the case he .says: 
**In this <'ase a |M'tition was presente*! to nn'. in tlu' usual form, 
stating that John G. .\liilh*n was illegally detjdne«l at i'^ort Mc 
Henry in this city, by the oflicer coniinan<ling at that fort; that 
the said .John G. .Mullen was only twenty years of age, and had 
been enlisted without the consent of his fathiT, (Jeorge Mullen, 
who united in the petition, and nia<le aflldavit to tlu- truth of the 


facts stated therein; and the petition closed with the prayer for 
the writ of habeas corpus. In the discharge of the duty required 
of me by the laws of the United States, upon the presentation of 
such a petition, I ordered the writ of habeas corpus to be issued, 
to be directed to the commanding officer at Fort McHenry, com- 
manding him to produce before me, at ten o 'clock this morning, 
in the District Court-room in this city, the body of said John G. 
Mullen, with the cause of his confinement, at the hour mentioned 
for the return of the said writ. The deputy marshal who was 
sent down to serve the writ, filed in this court this morning an 
affidavit, stating that it had been served on an officer in command 
of said fort, and who refused to obey said writ. 

This is the first time within my experience of thirty-three 
years at the bar and on the bench that the writ of habeas corpus 
has failed in this state to procure obedience to its mandate. It 
is a writ so dear to every freeman that the Constitution of the 
country has, with great care, provided ' that it shall not be sus- 
pended unless, when in case of rebellion or invasion, the public 
safety may require it. ' With no suspension of this writ by com- 
petent authority, with no proclamation for its suspension, the 
court learns, with deep regret, that an officer of the United States 
Army has thought it his duty to refuse obedience to the writ. 
Unwilling to aggravate existing excitement by more immediate 
action, the court will at present only pass an order that the 
commanding officer at Fort McHenry show cause on or before 
Wednesday next, the 8th inst. at ten o'clock, why, an attach- 
ment should not issue against him for his refusal to obey the 
said writ, and the court sincerely hopes that, in a crisis like the 
])resent, wiser counsels may prevail at the post, and that no un- 
necessary conflict of authority may be brought in between those 
owing allegiance to the same government and bound by the same 

■ Fort McHenrv, Maryland, 

Monday, May 6, 1861. 

Hon. William Fell Giles, Judge of the U. S. District Court for 
the District of Maryland, 

Sir:— My attention has been directed to an article in the local 
column of the Baltimore Sun of this date, headed, "The Habeas 
Corpus Refusal." Presuming that that article is authentic, I 
wish very respectfully to submit for your consideration the fol- 
lowing remarks on this unhappy "conflict of authority between 
those owing allegiance to the same Government, and bound by 
the same laws." 


To avoid implicating parties in no wise connected with this 
case, permit me to observe at the threshold that my action in the 
preitiises was taken entirely on my own resj^onsibility, without 
instructions from, or consultation with any person whatever. 

And now 1 wish most respectfully to inform your Honor, that 
I regard the writ of Habeas Corpus as the very basis of free 
government, and that under all ordinary circumstances I am 
very ready to acknowledge the supremacy of the civil authori- 
ties. But, as you admit, the constitution of the United States 
has provided that this writ of Habeas Corpus may be suspended 
in case of rebellion, if the public safety require it. You, how- 
ever, allege that there is no such state of atfairs existing as 
would authorize its suspension. On this point it is with regret 
that 1 am compelled to differ from so eminent an authority; and 
I am further constrained to add, that the question is one of fact, 
rather than opinion. 

At the date of issuing your writ, and for two weeks previous, 
the city in which you live, and where your court has been held, 
vras entirely under the control of revolutionary authorities; 
within that period U. S. soldiers, while committing no offence, 
had been perfidiously attacked and inhumanly murdered in your 
streets; no jjunishmcnt had been awarded, and I believe no ar- 
rests had been made for these atrocious crimes ; supplies of pro- 
visions intended for this garrison had been sto])i)ed; the inten- 
tion to ('a])ture this fort had been boldly ])roclaimed; your most 
public thoroughfares were daily patrolled by large numbers of 
troops, armed and clothed, at least in ]iart, with articles stolen 
from the I'nited States; and the Federal flag, while waving over 
the Federal offices, was cut down by some ])erson wearing the 
uniforni of a Maryland soldier. To add to the foregoing, an as- 
semblage elected in defiance of law, but claiming to be the legis- 
lative body of your Stat<' and so recognized by the Fxecutive of 
Maryland, was debating the forms of abrogating the Federal 
com|)act. If all thi^ he nol rebellion, 1 know not what to call 
it. I certainly regar<l it, as sufficient Ieg:il canse for suspending 
tlie writ of Jlahias Corpus. 

Besides, there wei"e cfiiain gi'onnds of expedieiicv en which 
T declined obeying your mandate. 

1st. 'I'he wiit of Hahras Cur pus, in the hands of an un 
fri<'ndly power, iniu^ht de|Mtpulafe this fortificaiion and jtlace it 
at the mercy nf a *' lialtiniore niob," in much less time than it 
could be done by all the ap|>liances of mo<lern warfare. 

lind. The fenicious sjiirit exhibite<l by your connnunity 
towards the Fnite*! States army, would ren<ier nie very averse 
from ai)pearing publicly and unprotected in the City of 15alti- 


more, to defend the interests of the body to which I belong. A 
few days since, a soldier of this command, while outside the 
walls, was attacked by a fiend or fiends in human shape, almost 
deprived of life, and left unprotected about half a mile from gar- 
rison. He was found in this situation and brought in covered 
with blood. One of your evening prints was quite jocose over 
the laughable occurrence. 

And now, sir, permit me to say in conclusion, that no one can 
regret more than I this conflict between the civil and military 
authorities. If, in an experience of thirty-three years you have 
never ])efore known the writ of Habeas Corpus to be disobeyed, 
it is only because such a contingency in political affairs as the 
present has not before arisen. I claim to be a loyal citizen, and I 
hope my former conduct, both official and private, will justify 
this pretension. In any condition of affairs except that of civil 
war, I would cheerfully obey your order; and as soon as the 
present excitement shall pass away I will hold myself ready not 
only to produce the soldier, but also to appear in person to an- 
swer to my own conduct ; but in the existing state of sentiment in 
the city of Baltimore, I think it your duty to sustain the federal 
military, and to strengthen their hands instead of endeavoring 
to strike them down. I have the honor to be very respectfully, 
Your obedient servant, 

(Signed) W. W. Morris, 
Major 4th U. S. Artillery, 

Com'd'g the Post. 

That the conduct of General Morris in this case, at the begin- 
ning of the Civil War, met the approval of the authorities in 
"Washington, there is no doubt as he was promoted rapidly after- 
ward; first as Colonel of the Second Artillery, then Brigadier 
General, and, finally Brevet Major General. He was an ideal 
soldier and a classmate at West Point of General Robert Lee 
whom h»» stronjj^ly resembled in appearance. 

The following interesting item about St. Ann's Church was 
sent me by Mrs. Estelle Morris Carnochan (Mrs. J. M.) a direct 
descendant of the ''Signer" to whom the writer desires to here 
express his most grateful appreciation and thanks for valu- 
able assistance rendered in the preparation of this article: 

"On November 21, 1907, there was unveiled in memory of the 
Morris family, about whom the history of St. Ann's of Mor- 
risania centers so largely, a very beautiful tablet on which are 

PI 1 1 1,1 1' i.i x im;si on 


recorded some of the names of those who are interred in what 
is known at the church as 'the Signer's vault,' a large one 
under the altar now permanently closed. And on October 19, 
1913, a tablet to the memory of Mary Walton Morris, wife of 
Gen. Lewis Morris, the Signer, was placed on the outside of St. 
Ann's, in front, by the New York Colonial Chapter of the 
Daughters of the Revolution, a very appropriate address being 
delivered on the occasion by the Right Rev. Theodore Payne 
Thurston, D. D., Bishop of Eastern Oklahoma." 


Philip Livingstone, another of the four Signers of the Declar- 
ation of Independence from New York, born January 15th, 1716, 
at Albany, N. Y., was a member of a family which has been long 
distinguished in the State of New York. As to the origin of the 
name Brockholst Livingston in his family history says: 

"The surname of Livingston is derived from the name of the 
Saxon thane, the founder of the family, one Living or Leving in 
conjunction with his lands, a dwelling phiee which in charters of 
the 12th Century is written in the Monkish Latin "Villa Living," 
or in vernacular Saxon "Livingston." The date of Living's 
settlement in Scotland cannot now 1)0 ascertained. Few families 
can show such an authentic and ancient origin." 

Phiiij) was the fifth in a family of eleven children, his ])arents 
being Philip the 'Jnd, Lord of tlie Manor, whose wife was Cath- 
erine, daughter of Peter Van Brugh and Sarah Cuyler. 

He graduated from Vale in ]7'M and history tells us he "was 
one of the fifteen persons in the colony who possessed a colle- 
giate education." After graduation he entered into business 
as an imj^orter in New York City and from tliat time and through 
his whole life he was (levote(l to advancing the best interests of 
this city. Of hirii. a> a iiierchaiit. Sir Charles Hardy said in 
ITr);"): "No one is nmrc estecuHMl U)v energy, promptness, hon- 
esty and public spirit, than Pliilip I>ivingston." lie was elected 
a member of the lioard of Aldermen ami serve<i that ixxly with 
honor foi- nine years. 

As a nicnibcr of the Pi(i\in<'ial Assembly, in 1759, he opposed 


every arbitrary measure of the English Government, and it was 
from him that Edmund Burke, then agent for the Colonies, ob- 
tained that great knowledge of our affairs which enabled him to 
speak so forcefully on the question of taxation without repre- 

His letter in 1764 to Lieut. Gov. Colden shows this patriot's 
faithful adherence to his convictions. "AVe hope," he says, 
"your honour will join with us in an endeavor to secure that 
great badge of English liberty of being taxed only with our own 
consent, to which we conceive all his majesty's subjects at home 
and al>road e<iually entitled to." (Vol. Ill, Signers of the Decla- 
ration of Independence, 1823). 

He was chosen a member of the first Continental Congress in 
1774 and lield a seat in that body up to the day of his death. 

At its first convention he was put on a committee to prepare an 
address to the peo])le of Great Britain and of the State papers 
sent forth by that remarkable assemblage of Americans we note 
that Lossing in his history of the Signers says, these ])a])ers so 
impressed Lord Chatham (AVilliam Pitt), that he said on the 
floor of Parliament : 

"I nmst deelare and aver that in all my reading and I have 
read Thucydides and arlmired the master spirits of the world 
for solidity of reasoning, force of sagacity and wisdom of con- 
elusion, under such a complication of circumstances, no nation 
or Iwxly of men can stand in preference to the General Congress 
in Philadelphia!" 

This constructive patriot was rightly called "The Princely 
Livingston." for l:is princi])le of conduct was clearly shown by 
his drchiration: "I must blot out all desires for the sake of the 
public goocl." 

And 'twas in this spirit that having been duly appointed a 
delegate, he. on August *J, 1776, signed his name to the Declara- 
iton of Independence, which had been adopted by Congress on 
July 4th. He, with those other fifty-five members of Congress 
and delegates who discussed and signed this paper which was to 
commit them to death as rebels or to immortality as patriots, 
fomied a ?roup of councillors which Gladstone declared ** Un- 
equalled in the history of the world." 


BantToft tells us they were "superior statesmen, none of 
iheni pa>^i«)nate revolutionists l>ut m«*n who joined the ])ower 
of nuxlcration to eiier.i^y." 

And this great paper speaks elearly the <liaia('ter of the six- 
ers as well as tiie eircunistanees of tlie times in which it was writ- 
ten an<l in it the trenius of the new IJejnihlic was voiccMJ as it 
was eleven years later hy the men who framed that greatest 
among Constitutions, "holding its hcait." as Woodmw \\ ilsoii 
words it, "clear «ut. unmistakahle con<'eptions of what a i^overn- 
ment «d' freemen oUirht to he." 

How fitting it was that a man of I'hilij) LiviiiLTstnirs cjiarac- 
teristie.s shouM have been »)ne of tliesr hrave coini»atriots, for 
it was this great document that rallied ami united the friends of 
liherty in the war for indei>eiidence. hraced them for their 
might\ task an<l has since then exercise*! a mighty iiithience ui)on 
the |>olitical character <)f oui- own jteopje as well as upon other 
people. wln» ar«' struggling for their liberties. 

It must he here carefully noted that while K'hode l>land had on 
-May 4th declared for independeiirc. so also had N'iririnia and 
Conueeticut on .liiiie lltli. New .lersry on the JNt and reinisyl- 
vania on the liSth. New York on the 14th oidy «leclare«l her i»ur 
poH»' hut waited for full authority of ln-r people which tii«l not 
cofue until .July I'th. Ii»»wever. oil July iM. twelve colonii»s 
signed and as John Adam- wrotr: •'th*' greatest .|u«-stiou 
wa« de<*id«Hi wliicii wa^ ever th-hated in America and greati'r, 
p«'rhaps. never was nor ever will he decided among men. It is 
the will of lieitven the two countries .slmuhl Ik* sund»*red for- 

They were ntrong (Jod renpiM'ting men th(»se fifty six signers. 
"Hieh in individimlity of character." says Fn»thingham in his 
**HiHe of tile |{e|iuhlic, " " m<Mi whose political ideas had an an 
rhorage in morals, law. order and religion and they acted upon 
principle to a ilegree. unparalleled in tlie examples of .olleetive 
public virtue." 

'I'liere were two other meml»er^« of the Livingston family, who 
wore i»I«»eted to the Jd Continental Congress in I77r). one wjis 
Holwrt H. Livingston, of ('b-rmont. who wim one of the ('ommit 
tee of fUe, nppoirjted to draft th«' I>er!iiration of Indepejnb'Ui'e. 


whose necessary absence from Congress prevented his signing 
it. He was a member of the convention of New York which 
adopted the national constitution and voted for it; was Secre- 
tary of Foreign Affairs, 1st Chancellor of the State of New 
York, minister plenipotentiary to France, negotiator of the 
Louisiana Purchase, and coadjutor of Fulton in perfecting the 
system of steam navigation and the other was William Living- 
ston, the well known governor of New Jersey, the youngest, 
brother of the Signer. 

Philip Livingston was devoted not only to national but the civ- 
ic interests in his own city. He was one of the founders of the 
New York Society Library in 1754 and of the Chamber of Com- 
merce in 1770; of the first governors of the New York hospital 
chartered in 1771, and one of the earliest advocates of the estab- 
lishment of Kings College, now Columbia University. In 174& 
he aided in founding the professorship of divinity that bears his 
name in Yale and was one of the contributors to the building 
of the first Methodist Church in the United States. 

Pie had a beautifully furnished mansion on Hicks St., Brooklyn 
Heights, overlooking the harbor, and it was here Washington 
during the Revolution held the Council of war that decided on 
the retreat from Long Island and the mansion was afterward 
used by the British as a hospital. 

May 5, 1778, Livingston took his seat in Congress, then sit- 
ting in York, Pennsylvania, the British having then taken pos- 
session of Philadelphia and it was at this time he sold a part of 
his property witli which to sustain the credit of the federal 
treasury and with a full presentiment of approaching death, he 
did not hesitate to devote the last days of his illustrious life to 
the service of his country, then undeveloped in the thickest gloom 
of adversity. 

He died at York of dropsy of the chest on June 12, 1778, in the 
GP,(\ year of his age, and with him at the time there was no mem- 
ber of his family exco]»ting his son, Henry, a youth of 18 years, 
then one of Washington's family at Valley Forge, and 1st Lieu- 
tenant of his bodyguard and to })ecome its Captain on Dec. 1. 
Over the Signer's grave in York a monument was erected by his 


grandson, Stephen van "Rensselaer and his body has never, 
though some have said to the contrary, been removed to New 
York. I am informed by John Henry Livingston of Clermont, 
that the grave in Trinity Church burying ground i)robably is 
that of Philip Livingston's nephew, the son of Peter Van I^rugh 

Philip Livingston married April 14, 1740, Christina, third 
daughter of Col. Dirck Ten Broeek, Mayor of Albany, born Jan. 

I, 1719, and who survived her husband. They had a family of 
five sons and four daughters, one of whom married Rev. John 

II. Livingston, and another married Patroon Stephen Van Kens- 

Sanderson, in his sketch of the life of l^hilij) Livingston, pub- 
lished in 18J8, says : 

*Mn tem]ier Mr. Livingston was sonicwliat irritable, vt't ex- 
ceedingly mild, tender and alTcctioiiate to hi"- t'aniily and friend^. 
There was a dignity, with a mixture of austerity in his deport- 
ment which rendered it difficult for strangers to apj»roach him. 
lie was silent and reserved and seldom indnlLic*! with niuch free- 
dom in conversation. l''ond of i-eadiiig and cjidowcd with a solid 
and discriminating understanding, lii^ inin<l wa-; rei)lenished 
with vaiious extensive and useful knowliMlge. 11 «• also possess«'d 
in cxtraoidinary dcirrcc an iiituitixc jicrccption of character." 

If) the iiiaLM'/ine of .\niei-i<-aii lli-toiv. \'ol. I. we note these 
woid^ Ity yoiir I'miiier compatriot, Ltliaii .\lleii. ahoiit IMiilip Liv- 
ini^ston: "lb' was horn I'oi' a generation that needed him, |)ar- 
ticnlariy for that unswervimr and uIlpu^cha>^ahle tidelity which 
illustrated hi> life nioie than did any atrLU'e^sive force of charac- 
ter, lie wa- a t'aithl'ul and tiian patriot, a cool and sagacious 
ie)ir«'>entati\ e an<l Lr<'neidiis ami iin>eHivh citi/en. an avowed 
ami tiie<l (hiistiaii and an honored a!id an lione>-t man. The 
labors of him-elf and hi> a^^^ociates in the cau^e of indepeiideiice 
deman<l and receive our Lrratetiil homage, l-'or the LTaiid resnlt'> 
of their lives see the progress for their epitaphs n-ad the an- 
nals of the b'epwhlic. 'ihe nation stands t««iay at once their 
monument and their enlotry." 

To the wiitei- ut' the annexed I'-tter the author extends his 


grateful aekuowledgTiients not only for his cordial words, but for 
two valuable photographs. 

Clermont, Tivoli on Hudson, 

Aug. 11, 1914. 
Josiah C. Pumpelly, Esq. 

Dear Sir:— "With great pleasure I have read your MS. of the 
proposed sketch of the life of my great-great-grandfather, Philip 
Livingston, one of the Signers of the Declaration of Independ- 
ence. I find it correct and am sure it will be of great interest 
to all who care for the early history of our country. 

Thanking yuu for the pains you have taken with this sketch, I 

Very cordially yours, 

John Henry Livingston. 


In an old record written by the son of the Signer, and now 
in the possession of William Floyd of New York, we read that, 
General William Floyd "was a descendant of Richard Floyd 
who came to this country with Susannah, his wife, about the 
year 1 ().')!), from Brecknockshire in Wales. They came first to 
Massachusetts and afterward settled at Setauket on the north 
side of Long Island. The son of Richard, the first settler, was 
Col. Richard Hoyd, (born May 12th, IGG;')), who married Mar- 
garet Xicoll, (born May 3()th, 1(562) a daughter of Matthias 
Nicoll, Secretary of the Province of New York and afterward 
Mayor of the city. Nicoll Floyd the son of Col. Richard Floyd, 
was born Auirust 27th, died March 8th, 1755, and is buried at 
Masti*\ He married Tabitha Smith, (born 1704) a daughter 
of Col. Jonathan Smitli. lie settled early in life at Mastic on 
the south side of I>ong Island, and here his son William Floyd 
was bom on December 17, 1734. 

He received the usual education given in those times to farm- 
ers' sons; but his strong common sense, natural shrewdness 
and close observation supplemented his education and safely 

W I 1.1 1 A M I I.I •'. 1 I 


carried him through the many important roles he was destined 
to ])hiy in life's journey, while at the beginning of his career 
the influence of his family name gave him of itself an excellent 
position of influence in the community. He early developed 
many admirable traits, became an ade})t at farming and a pru- 
dent man in worldly affairs. Of strong religious convictions, 
he took a deep interest in the spiritual welfare of the ])eople 
among whom he lived, and he implicitly believed that the ]»rac- 
tice of tlie C^ongregational Church formed the only true model 
upon which upright and honored civil government could be 
founded. He was a close student of public ai^airs, a keen and 
logical observer of the trend of the events of the day, and was 
outsjioken and pronounced in his advocacy of the ]ieoi)le's 
rights when the crisis with the mother country was a]i])roach- 
iiig. Karly in life he was chosen as an officer in the Suffolk 
county militia ; he was Colonel of the First Suffolk Regiment in 
1775, and after the war was over he was commissioned a Ma- 
jor Oeneral, but his military career, to ]mt it mildly, was a most 
evenly uninteresting one, its most startling incident being a hur- 
ried call to prevent a small boat landing on Long Island early 
in the conflict with Britain. His talents were better fitted for 
tlic halls of legislation than for the tented field. After a short 
service in the Provincial Assembly lie was sent as a delcirate, iu 
1774, to the first Continental ( 'ongi-c>>s, and wa< one of those 
who fi-oni the beginning was in fa\or <it' tlie iiKJeiieiidence of 
the colonies, lie vot«Mi foi* the adoption of the Declaration 
of In<iej»en<lene.' arHJ signed that do<-uiii«'nt his great claim to 
immortality, l-'rom 1777 till 17s:i. he wa-; State Senator nnder 
the first Constitution of .\e\v \'orl<, being regularly api»ointed 
bv that l)ody for the Southern District, tiien wholly within the 
liritisli lines, so that no electiiui conhi be held. When the P>rit- 
isli made theii- lir-t (|e->ceiit i-n l.oiii: l>laiitl l'M..\d headed a 
body of militia and drove them off. hut duriim" the eiiemy'.s 
oceii|iation of tlie inland later oii (ienl. j-'lovd's pi-o|.eit> was 
seized an«i hi^ family lied and I'oiiiid lefnge in Mi<ldletown, 
Connecticut. 'i"he pro|i»'rty wa- coinpletely ^^tiipped l.\- the sol- 
diers, fields were de-x.lated, 1 1 e<'s uprooted and fenc«'s burned, 
and the house itself was used a- a barra.-k^ for cavalry and was 


plundered and rendered uninhabitable. He was absent from the 
island for some six years, and was amazed, on his return, at 
the havoc which was wrought and which was everywhere ap- 

From 1784 till 1788 he was duly elected to the same office from 
the same district. In 1787 and 1789 he was chosen a member 
of the Council of Appointment. In the Presidential elections of 
1792, 1800 and 1804 he was chosen one of the Presidential Elec- 
tors and gave his vote for Jefferson, of whom he was a great 
admirer, and in 1801 he sat for Suffolk County in the Constitu- 
tional Convention. His education being only that of the country 
schools of his youth, he was not a speaker, nor orator, nor an 
ac<?om])lished writer; but in the work of the different bodies 
in which he served he was noted for his assiduity, sound ad- 
vice, unflagging industry and thorough knowledge of the busi- 
ness brought before them. He was eminently a practical man, 
and his firmness and resolution were very great. Although 
somewhat unpolished in manner, he at the same time possessed 
a natural gravity and dignity which made itself felt. 

He was an honorary member of the Society of the Cincin- 
nati. "Probably no family on Long Island," says the his- 
torian, Ross, "has contributed such a succession in each gen- 
eration of men eminent in the community as that of the Floyds." 
And General Floyd was especially respected for his prudence in 
business, his strong religious convictions, his ability as a stu- 
dent of public affairs, and his great sacrifices for his country. 

In 1784 he purchased a tract of land in Oneida County, West- 
ern New York, to which he removed with his family in 1803. 
Floyd township was named after him. Here in fairly affluent 
circumstances he resided until his death, Aug. 4, 1821. 

General Floyd was twice married. By his first wife. Isabella, 
a daughter of William Jones, of Southampton, he had three 
children,— Xicol, Mary and Catharine. The son took possession 
of the ])roi)erty at Mastic, became active in local affairs and was 
chosen a representative from Suffolk County in the New York 
Assembly in 1779, 1800 and 1801 ; Mary married Colonel Ben- 
jamin Tallmadge, one of the heroes of the Revolution; Cath- 
erine, was induced, against her will, to engage herself to Mr. 



Madison, afterward President of the United States, but finally 
succeeded in breaking? the engagement and married Dr. Samuel 
Clarkson of Philadelphia, instead. The ceremony took place at 
Mastic. While she was engaged to Mr. Madison she had her 
miniature painted for him, which the rejected lover later re- 
turned to her father, and General Floyd, in handing it to his 
daughter said sternly: "Take care, Miss, to whom you give 
this." Rives, in his "Life and Times of Madison," alludes to 
this engagement in a letter from Jefferson to Madison, and it is 
an interesting coincidence as told by Rives in his "Life and 
Times of Madison" that Catharine's sister Mary who was also 
handsome and attractive was at one time engaged to Jefferson 

General Floyd's second wife was Joanna, daughter of Benijah 
Strong of Setauket, and by her he had two daughters, ^Vnna 
and Eliza. 

The first married, first, George Clinton, a son of Vice-Presi- 
fh'nt Clinton, and after his death, married second, Abraham 
\'arick, a New York merchant, while Eliza married James IMatt 
of Utica, New York. 

General Floyd's second wife was hoiii in 1747. <lit'd at their 
farm in Floyd, New York, and her remains Wo beside those of 
her husband in the cemetery of WesternviUe, neai' Floy<l. and 
over their graves his family have erected a dignified and hand- 
some iiinimiiieiit. a pii'ture ot' wliicli was sent to me by his dii-ect 
desecndaiit. Mi-. Elizaltrth l-'loyd Sicard. 


Francis Lewis, tiie fourth Sig?ie!-. was l)orn in IJandafT. 
(ilamorgansliire. South Wah's. in 171.".. His fathei- wa- tin- ice- 
tor of the pari>«li, hi^ mother wa- the daugiiter ol' the l\e\. Dr. 
Pettiligal. a clerirNinan ul" th«' E-taMi'>lii'd ('huich. and -etth'(i 
at Caernaroon. lie ua- hft an oi-plian at fixe years of age. 
His uneh', liie Dean of St. I'anl's of Lon<Ion, took charge of his 
(MJiieation and sent him to Westminster wliere lie uained not 
onlv a ^-ood i'aiiriish ediieatioii hut some knowledge of Greek an<i 
Latin and latei- ajtpreiit i'-i-.j him t<> ,1 iin'i«-liant in London, wliei-e 


he became well qualified for the business in which in after life 
he took so high a place. 

When hunting in the Highlands, he acquired the Gaelic speech 
and a dislike of the English government, his Scotch home being 
the centre of political disaffection. 

"Even before reaching manhood's estate," said Lewis, "I 
was, without knowing it, a rebel against the British administra- 
tion," and thus it was very natural that, years afterward, he was 
one of the first men in the American Colonies to oppose Eng- 
lish aggression and was one of the organizers of the famous 
"80ns of Liberty." 

At the age of 21 he turned his patrimony into merchandise 
and embarked for New York, where he immediately took a 
})artner and established two houses, one in Philadelphia, and 
one in New York. 

Edward Annesley, a Welshman, a member of the family of 
which the Earl of Anglesey was the head, was his partner, and 
it was Elizabeth, a sister of this partner, who a little later became 
Lewis's wife. 

When in business in New York, during the severe winter of 
1742-3, he drove a horse and sled upon the ice from near Hurl- 
gate, through the Sound, to Cape Cod. He traveled extensively 
in Euroj)e, and was twice shipwrecked en the coast of Ireland; 
was agent for the British American Colonies in the French-Ca- 
nadian W^ar of 1753, and was at Oswego alluding to the supply- 
ing of clothing to the British army when Montcalm advanced 
upon the jjlace with a body of French Canadians and Indians, 
Lewis who had long been intimate with General Mercer, the 
commander of the fort remained with him as his aid and he stood 
by his side when he was killed, the garrison of one thousand 
six hundred men surrendered. 

(M tlie thirty i»risoners allowed his Indians allies by Mont- 
calm as their share of the bounty Lewis was one. At the close 
of e.'K'h day as their retreat northward the Indians would feast 
and celebrate their victory l)y the sacrifice of a captive. Lewis 
saw the bloody rite repeated often and saw his fate approach- 
ing. Two warriors were selected for his guard, his arms only 
being bound, he being able to walk unshackled. The Indians 


talked together in a Gaelic dialect and be understood and it was 
easy for him to join in their conversation. They findinj? there 
was the tie of a common language between them, he was no 
longer a prisoner and was treated as a friend and brother and 
they conducted him to Montreal and recommended to the (Jover- 
nor that he might be ])ermitted to return at once to his home. 
This however was not granted and he was sent to France as a 
cartel and exchanged. 

Lewis foinid out afterwards that these friendly Indians were 
from the far west, their members were few and they were sel- 
dom seen on the Atlantic coast. 

Julia Delafield in her book on Francis and Morgan Lewis, 
says her grandfather told her this story just a- be had beard bis 
father (iovernor Lewis tell it himself. 

After being exchanged Lewis returned to America where the 
Colonial government presented him with five thousand acres of 
land in acknowle<lgment of his services. 

He retired from conunercial ])ursuits with an ample fortune, 
moved his family to Wliitestone, Long Island, and there deter- 
mined to give the rest of his life to the service of bis adopted 


The Stamp Act of ITr.'), passed by Parliament and signe«l by 
the King, then on the verge of his first attack of lunacy, was 
the real commencement of our War for Independence, and •*Tlu' 
trumiM-t then M.imdc.j that never .-alls retreat." And in opp*^" 
Hiti<.n to this Act. a^ member of the New York Conunittee. is 
the name <.f Francis \a-\\\^ who forever afterward was a con- 
Hjstant and energetic opponent nf the Mother Country. 

William Smith and William Livingston, son of Philip, second 
I>.rd of the Man(»r. had (.rtrani/ed an association composed of 
gentlemen of trie«i courage and patriotism who took the name of 
the Sons of Li»»crty and Lewis was on.- of the \\v<\ wlm joined 
thlK band and be with Marvins Willett an.l Alexan<ler McDon- 
gal were amontr its Icjiding spirits. 

On April 'J-. I77'>. a provincial convention of which L» wis wnfi 
a member, with delegates fn.m Kings. Albany. Dutchess. INter. 
Orank'*'. West.^hester and N.-w Y..rk. the rest of the state being 
ft wilderness, was held in Albany and was the convention whi«'h 


appointed representatives to the first Continental Congress, and 
r'rancis Lewis as one of those representatives signed the Dec- 
laration of Independence and thus made for himself such an 
honored place in history as to bring to him and his family a 
well deserved reward for his faithful services in the cause of 
American Independence. 

This decided stand caused much opposition in the loyalist 
family of Ludlow to the daughter of the house giving her hand 
in marriage to the Signer's son Lewis who had already won the 
hidy's affection. The Ludlows were proud of the fact that not 
one of this name was to be found in the ranks of "the rebels," 
and the lady's brother objected to his sister's choice because ''it 
would not be at all agreeable to be connected by marriage with a 
man whose father would certainly be hung." The lovers how- 
ever were constant and were finally married with the approval 
of both families. Francis Lewis was employed by Congress 
in the Revolution, in the importation of military stores and on 
various secret services, when his well filled purse, always ready 
at an emergency, made him perhaps as useful to the country as 
many of those whose military career had gained for them a 
more brilliant reputation. This same year Elbridge Gerry, 
Iioger Sherman and Francis Lewis were appointed a commit- 
tee to ac<[uire into the state of the army and devise the best 
means for supplying its wants, and an empty treasury and half- 
e(iuipped army made their task a heavy one, but the duty was 
faithfully executed. 

The I>riti8h then in possession of New York sent a party of 
light horse under the command of Colonel Bertch and a ship of 
war to seize Mrs. Lewis and destroy the property on the Long 
Island shore. 

A shot from the vessel struck the board on which Mrs. Lewis 
stood. One of her women called out "Run Mistress, run." She 
replied, "Another shot is not likely to strike the same spot" 
an<l she heroically stood her ground. 

In the work of destruction one of the soldiers seized u]:»on the 
buckles of her shoes when she said to him, "All is not gold that 
glitters." The buckles were pinchbeck and he had taken them 
for gold. When books, papers, furniture were destroyed the 


troop left carrying Mrs, Lewis with them, and arriving in New 
York put her in prison. She was allowed no bed or clothing 
but what she had on and only the poorest of food. Her life 
was saved by her negro servant who continued to supply her 
ihmmIs. Some mouths later General Washington ordered Mrs. 
Harreu, the wife of the British PajTtnaster-General and Mrs. 
Kemi)e, the wife of the Attoniey-Geueral, put under arrest in 
their own homes in Philadelphia until they should be exchanged 
for the wife of Francis Lewis. 

This was finally aeconiplished but too late to save the life 
of this most estimable lady, for when released, so great had been 
her sufferings, her health was fatally undermined and she died 
l)ef()re the close of the war and victory had come to the cause 
she loved. 

Julia Delafield, her granddaughter, s[)eakiug of Mrs. Lewis's 
al)ility (juotes the General as saying "she never forgot any- 
thing," and thus goes on to say: "To Francis Lewis she was 
heaven's best gift. When his adventurous sj)irit led him to em- 
bark on long and {)crilous voyages he knew that he left his chil- 
dren to the care of an able as well as tender mother who could 
train their cliaracttTs as w«'ll a'- jtrotcct tlicir- interest's." 

In 1777 the First State Convention tliat ass«'nibled at Kings- 
ton and which gave to N<'W York her first ( 'Dustitution appointed 
Lewis again a representative to Congress, his coadjutors l)eing 
Philip Livingston, aNo a Siirner of tlie Dedaiation. |)uane |)uer 
and (loverneur Morris. 

Often not nior<' tlian nine nienilier> of ( 'on:::ie>s were prex-nt 
at Meeting's, the trea>ui y wa- eni|>ty and tlie ( loveinnient liad no 
credit. Generals Lee and Gate- weir eiideaNnriii'; to undermine 
the reputation of Wasliintrton and a pait\ was formed of whicii 
General Conway wa^ the liead to inipeai'li Washinirtoii and give 
Gates the (•(tnnnand. < M" the New York deh'gation <.nly Lewis 

anil hiiei- were i.n the -pot. It re.jnireil the Vote^ t»f two iiirm 
hers to represent the will of the >tate atid Duer wa- eonlined to 
his bed by illMe»is. 

Colonel Mortran Lewi-, -un of l-'iam-i-. wa- lir-t aid !<• (iates 
arnl wa- then twenty thre.- yeai- of a;re. his father had <»nly to 
remain |)assive to a>>-M!e his s,.ii'- iin»n«'<Iiate ad\ anemient in 


rank, but he was not passive. He wrote Governeur Morris beg- 
ging him to come to Little York, Pennsylvania, at once, and 
Duer requested his physician to get a letter ready to take him 
to the Senate House. The doctor said, ''If you go you will be 
a dead man." "Will I die before I reach the Senate!" asked 
Duer. "No, but you will die in consequence of the exertion." 
"Then I will go," said Duer. "If you will not assist me some- 
body else must, but I prefer your aid." 

Morris and Gates arrived at the same time and the arrival 
of the former made it unnecessary for Duer who was wrapped 
up and ready to be carried to the Senate, to risk his valuable 
life. The cabal finding they were outnumbered did not bring 
forward their motion and so ended the last attempt to supplant 

The conduct of both Duer and Lewis is beyond praise and we 
honor them for the sound judgment and steadiness with which 
through all obstacles they adhered to their great commander and 
we know that it is to those two men we owe it that this crisis in 
the life of the new Republic was passed in safety. 

In 1779 Francis Lewis was now elected member of Congress the 
fourth time, obtained leave of absence to devote himself to his 
wife P^lizabeth Annesley who had never recovered from her 
barbarous treatment, had but a little time to live. His second son 
had married Gertrude, a daughter of Judge Robert Livingston 
of Clermont, and he immediately took his young bride to Phila- 
delphia and introduced her to his mother and so made his dash 
the closing scene of that mother's life. 

Mrs, Lewis could not have been more a victim to the Revolu- 
tion liad she been slain in battle. 

Francis Lewis had another severe domestic affliction as his 
only daughter, his beautiful Ann had fallen in love and had mar- 
ried clandestinely Post Captain Robertson of the English Navy, 
and the couple had sailed for Europe, and all intercourse be- 
tween father and daughter ceased. When in after years Mrs. 
Robertson was left a widow in narrow circumstances and a 
small sum of money was yearly transmitted to her anonymous ; 
and after Queen Charlotte, wife of George III, died it was dis- 
covered she was the benefactress. 


Mrs. Robertson like her father was talented and courageous 
and was able to educate and establish her children in her life 
time. One daughter married Sumner Arclibisliop of Canter- 
bury. Another married Wilson Bishop of Calcutta, and another 
was the wife of James Monerief Lord- Advocate of Scotland. 

In December, 1779, Lewis was made Conmiissioner of the 
Board of Admirality. He was a vestrj-man of Trinity Cliurch. 

After fifty winters of anxiety and patriotic labors Lewis re- 
tired i>ractically from public life returning with delight to his 
early loves, heroic i)oetry, the songs of the Celtic ))ards and lit- 
erature generally. He was so fond of Priars poem of "Edwin 
and Kmma" that he named two of his grandchildren after the 
hero and heroine. 

At the close of the war the State gave Francis Lewis a vote of 
thanks for his long and faithful services, and on his retirement 
from Congress ai)pointed him a commissioner of the Board of 

He was soon after this elected a vestr>inan of Trinity Church 
which strange to say is unable at this day to tell in what place 
in its churchyard the remains of this famous signer of the Dec- 
laration now repose. 

In his private life in all its details he observed the same pre- 
cision which cliaracterize<l his mode of transacting pul)lic busi- 
ness, an<l it was to this and his teini>erate habits he was indebted 
for lii> long life and his jxiwerful coiistitutitui. wliieli bioimlit 
him safely through an attack of yellow fever. 

He lived to be a great-grandfather, and his last days were 
spent in New York City in greatly re<lu<'ed circumstances. His 
large foitune liaviim- been saeiiliced mostly upon the altar of 
bis countrv's free<l(»in leaviii-^^ at tlie -eltlin-r of his estate only 
about $ir).(KMI. 

.hilia Delatield in liei- interestiiiLT biography of her grand- 
father says: **It woiild be diflicnlt tu (ind so long a life with a 
purer record." 

A shock to the nt-rvous system occasioned by a fall was the 
cause of his death in the ninetietli year of his age. 



And now, as your historian comes to the conclusion of this, 
his labor of love, and in this the late afternoon of his life, he 
feels he may be permitted to say a few words as to our duty 
as individuals and as a society. 

We have the right, and prize it highly, to call ourselves Sons 
of the American Revolution by physical descent, but how much 
more important is it that we be spiritually Sons, inspired and 
guided in life by the example of our heroic Washington, who 
more than any other incarnates the ideals of America, and who 
"reverencing his conscience as his king," in a time of crisis 
served justly the cause of the people and aided destiny, to shape 
both a nation and a world. But as ** peace hath higher tests of 
manhood than battle ever knew" we find confronting us today 
the duty to stand out firmly against the efforts that are being 
made by a certain alien sectarian and political influence to under- 
mine those fundamental principles of our Declaration of Inde- 
pendence including certain "unalienable rights" and a govern- 
ment deriving its "powers from the consent of the governed." 
Now these i)rinciples are condemned secretly rather than openly 
by a thoroughly disciplined and powerful hierarchy which also 
opposes separation of church and State, free schools and a free 
press each of whioh has been left us by the Reformation and 
l)y our forefathers as a priceless heritage. 

While I write this a titanic and far reaching struggle, a war, 
the most terrible in history, is being waged in Europe and no 
man knoweth Tlie outcome. And it is this favored land of a 
Washington and a l^incoln, God's greatest and last experiment, 
as I believe, of a government based upon Christianity and equal 
opi^ortunity to all, that we trust is to be the hope and the peace- 
maker of the Nations, and it is for us to see to it that its power 
of illumination and uplift to humanity shall not be diminished 
or lessened in anyway. 

During the acts of the world's political drama modern civiliza- 
tion in its westward fourse had almost completed the circuit of 
the globe, and all that is wanting to make the cycle complete is 
China and Japan, and even they are being, in a certain measure, 


democratized in both their religion and civil government, so all 
the more necessary is it for us to preserve strong and unsullied 
our educ-atiouai and our ecclesiastical democracy and our gov- 
ernment, national and state, free from all taint of alien or 
ecclesiastical influences. 

Let us not forget the words of General Grant before the Army 
uf the Tennessee in 187(): — **If we are to have another contest 
in the near future of our national existence, 1 predict that the 
dividing line will not be Mason and Dixon's, but it will be be- 
tween patriotism and intelligence on the one side and supcrsti- 
i'wn, ambitwn and lynunuur, on the other. In this centennial 
year the work of strengtln nnuj the foundation of the structure 
laid by (.ur forefathers one hundred years ago sliould be begun. 
Let us all labor for the securitii of free thought, free speech, 
free press and pure morals, unfettered religious sentiment and 
equal rights and ])rivileges for all nun irrespective oi' nation- 
ality, color or religion." 

Bancroft, the historian, says: "America is the chief heir 
of the Reformation in its ])urest form;" and may we not justly 
add: ()ur free comon school system is the outcome of tli;il 
Keformation and an expression of the ideas of its noitlest 

We a> Americans icvcrc th(>se leader- and we know. too. that 
Libert II, Kquality and lin.tlierliood are originally and es<en 
tially Chri-tian watchwords and nothing l)ut a spirit of Chris- 
tian itatii«»ti>m can keep them realities; so let us in all our work 
and conferences see to it that we falter not in our elTorts to 
realize our l)eKt ideals and labor as 

"Statesmen in council met 

Who knew the seasons when to tak«', 
()eca>-ioii by the hand and make 
The bounds of freedom wider yet." 

The Battle of Fort Sullivan, June 28th, 1776 


I THREW down my quill in disgust. From my seat at the 
desk I could look out of the counting house window and see 
the choppy waves of the Cooper. How I longed to be away 
from the office drudgery— from the continuous wrangling 
with figures which made my head swim. 

Charles-Town was all excitement this 27th day of June, 1776, 
for the British Fleet lay at anchor inside the Bar about a league 
from Sullivan's Island. On the faces of the Tories as they 
walked the streets was seen a gleam of exultation— they carried 
themselves with pride and held their heads high in anticipation 
of the victory which the fleet would win so easily. They consid- 
ered it only a matter of a few days until the city would be again 
under British rule and Lord Campbell once more installed as our 

Suddenly I heard the sound of a body of men approaching. I 
went to the Counting House door. It was a detachment of the 
Grenadiers on their way to Motte's Wharf to embark for Sulli- 
van's Island. 

I knew every man in the detachment— I was intimate with 
several of them. I waved my hand at my friend, Will Jasper, as 
he passed. 

Jasper smiled with humorous twinkle in his eye, then with a 
shake of his head motioned for me to "fall in." 

Until that moment the idea of taking part in the battle had not 
occurred to me. But Jasper's eye twinkle, and the shake of his 
head which plainly meant "Fall in," was taken in dead earnest 
by me. 

I at once determined to go with the Grenadiers to the Fort. I 
had always hated the British officers while they were quartered 



in our city. They looked upon us Colonials as a race of under- 
line's, and to take i)art in an enga.ii^omont which mip:ht humble 
the pride of our former masters would ^ive me the greatest 

I turned to my fellow-clerk who was again at his desk, ''Sandy 
I leave you in charge — I'm off to the Fort." 

Sandy was slow in thought as well as in action, and it took him 
about a half iiiiimte to realize fully the meaning of my remark. 

*'Goin' to the Fort, laddie? An' why are ye goin' to the 
Fort;"' "To fight against the British," T answered smiling. 

I had by this time put on my coat and stood with my hat in 
hand. Sandy looked at me in amazement, then he said as he 
shook his head sorrowfully: 

"Moil alivt' this be a reesky thing ye're doin'— this fightin' 
agin the King." I could not help smiling at the rueful look upon 
his face, as I answered: 

"Yet you always boast about your grandfather having fought 
against the King at Culloden." 

"But, mon, that was deeferent — my grandsire fought for the 
Stuart — for his rightful King against the Usurper." 

"Well, we are going to fight against a Usurper." 

"AVho is he, laddie?" 

"The King of England, who is the U'surper of our Liberties." 

"P)iit. La<l(li<', Ih' is the King— He is our Kulcr an' to fight 
agin' him is treason." 

" P>ut, Sandy, just now we havr no King in (^arolina — Gover- 
nor Hiitl(M|g(* is our ruler, and we aic fiiz:hting against an enemy 
for our liberties — this king Vdii talk about would take them 

Then I {)ut on my hat and hastily took my way in the dirt^'tion 
of Motte's Wharf. ( )nee ! turne(| and looke(l back. Sandy was 
staiuling in the <loorway of the counting house looking after me. 
no ijoubt thinking' that I had >n(Mciily L^nne daft. 

\\ lien I aiiixed at the wliaiT the >l(i(>|» with the (Irenadiei's on 
board was about icady to sail. .\> I attempted to Ixtaid her, 
my passage was barred i)y her ca|>tain, who said: 

"No pa.sHengers !" 

This was a con<iition that I had not counted upon wln-n I made 


my boast to Sandy. My jubilant spirits fell, for I was afraicl 
that Sandy would have the laugh on me. 

My friend, Sergeant MeDaniel, fortunately came to my rescue. 
"Oh, let him come, captain, there will be plenty of room." Me- 
Daniel placed his hand good naturedly upon the captain's shoul- 
der as he spoke. 

"No boys wanted on this occasion," said the captain gruffly. 

"I'm past nineteen," I said, looking at him. 

"And old enough to fight for liberty," continued my friend. 
"Let him come, captain, we will need all the men we can get be- 
fore this time to-morrow or I'm badly mistaken." 

The captain hesitated for a few moments, then he said : 

"Jump on board, my lad." I was on board in a moment, then 
the lines were cast off, and with sails close to the wind, we began 
to l)eat our way across the Cooper to the little palmetto log fort 
on Sullivan's Island. 

I had been up since daylight on the fateful morning of the 28th 
of .lune, 1776. I examined carefully the little fortification which 
was to dispute the passage of the British fleet into our harbor 
that day. 

Only ])artly finished and composed almost entirely of })almetto 
logs, it looked to mo a very weak defense against the formidable 
foe which would in a short time begin to batter it with a rain of 

I mounted a huge rock on the edge of the ])each. From my 
perch I ('(tuld ]»Iainly see the British fleet riding at anchor near 
Five Fathom IIoU*. As I looked towards the fleet, 1 began to 
.speculate as to the iiiaiiiici- in wliicli I would act when the shells 
began to fall around me. 

"Would I prove a craven?" 

My speculations were suddenly cut short by the sound of a 
bugle — then 1 hurried u]» to the fort. The men were all at work 
undor directions of tlie officers. Preparations for the reception 
of the unwelcome visitors were being made. The hour for the 
approaching struggle was near, and everyone worked rapidly at 
his allotted task. 

My frien«l .Tasper assigned me to a srjuad of men, and soon I 
was busy helping them ]ilace a log in position on the side of the 


fort nearest the city. Tpon the summit of one of the merlons of 
the fort was our (laj^statT from which proudly tloatrd tlic l)lue 
fla^ with the white eresceut, aud the wurd "Liberty" in hirge 

The sky was cloudless and the sun was hej^innin^ to beat down 
upon us. But we were all too husily en^aj^ed at our tasks to feel 
such a trith' as the ln-at. It was a battle just then again.^t time 
and w»' worktMl accordingly. 

i\A. Moultrie and Major Marion were standing apart engaged 
in earne>t conversation. Then Col. Moultrie hastily niountc<l his 
horse and rode oil rapidly in the direction of the '* luMloubt, " 
where Col. Thomst)n witii the "Hangers" lay ([uictly wailiiii: lt> 
di>jiutc the landing of Sir Henry Clinton and his body of two 
thon>antl regulars upon the eastern end of the island. ( )nly a 
narrow inlet separated l^uig Island, where Sii- Henry and hi-^ 
men were encanij ed, fr«ini Sullivan'- Nland. and thi> inlet or 
channel was sometimes f<irdable at low tide. (til. Moultrie had 
gone t<i advise with ("ol. Thoin>on before the tleet would begin 
their bombardment (d' the fort. And the work in (tur little make- 
sliift fortiti<'ation i-ttnlinueil with un«ea^ing enei^ry. 

Captains Horry and Huger seemed to be evi-rywhere- they 
directed the men. and did not hesitate to lend a hand in lifting 
when a heavy log oi-<-a>-ionalIy r«*si*-t«Ml (uir etT<Mt^ to place it into 
jK.sition. Lieut. Col. .\lotte and .Major Marion in-|ie(l«'d eaie- 
fully the cannon, then went into t!ie nniLrazine. \vin-r«- lliev re- 
mained for some time. 

I'robably an hour and a half had elapsed from the time of his 
departure U-fore the return of (ol. .M<»ultrie. He came gal- 
loping back, his hor^e ct>vered wnth sweat, and as lie dismount«'d 
he wa>» immediati'ly joine<l by .\Iotte atid .Marion. The three 
• ntered the fort. ( M^ler" were given and immeibately the "l>«»iig 
Koll" was Iwat, Kveryone hurried to his p<»st. 


I took my positiitn in Sergejint .lasper's gun *'«pnid. for I l«»<tk- 
•r] u|Hin hitii UH my s|HinMir I felt tlial lie WdtiM Hud hoiiu* work 
for me. 

All I'VPH wen* now ttirned s«.nwnn1. W«» rotild si»o the huge 
iniN <»f the British warship- a^ they were hoistecl. Then one by 


one the fleet began to move towards the little palmetto log fort 

On they came, the warships of a nation which hitherto had 
never met defeat upon the ocean. Graceful, majestic, they moved. 
Like huge swans, their spread sails the wings, they approached 
us leisurely. I counted them, there were eleven vessels in all ! 

Verily it was a queer sight! Eleven huge warships— ships of 
a nation whose navy was the most powerful in the world, coming 
to storm a little half constructed fort built of palmetto logs, and 
garrisoned by men the majority of whom had never taken part in 
a battle. The British commander must have had great respect 
for the handful of men in the little makeshift fortification out of 
courtesy called "Fort Sullivan." He evidently looked upon the 
Carolinians as men not easily to be subdued. 

As the fleet neared us Sergeant McDaniel began to whistle, 
"The Campbells are coming." This was in allusion to Lord 
William Campbell, our last Royal Governor, who had fled from 
the city and was now on board of the flagship under the protec- 
tion of Sir Peter Parker. 

"The Campbells are coming," but "The Rebels are not run- 
ning, no, not yet, ' ' cried one of our men in laughing tones. 

By this time the ships had neared us. Leading came a vessel 
a little smaller than the rest of the fleet. She was escorted by a 
larger ship. The smaller vessel was the "Thunder," the bomb- 
ship of the fleet. Her escort was the "Friendship," a twenty- 
two gun ship. 

Both vessels dropped anchor about a mile and a half from us. 
In the fort all was quietness. Officers and men alike realized that 
the crisis had come. Everyone was keyed up to the highest ten- 
sion, and with subdued excitement we quietly stood at our guns 
awaiting orders. 

From the deck of the ' ' Thunder ' ' there was a sudden puff of 
smoke. The mortar on the bombship had sent us its first love- 
token ! 

"The fun has commenced, me lad," said Jasper, a grim smile 
upon his usually cheerful countenance. 

But there was not much mirth caused by the cannonade from 
the two ships, for shells began to fall around the fort very rapid- 


ly. It was now somewhere between ten and eleven o'clock, and 
the sun which was beating down upon the sand around us made 
the reflected heat as scorching as the glare from a furnace. The 
rest of the warships had come up rapidly— they had approached 
nearer the fort. 

About this time there was consternation in our midst. A shell 
from the ' ' Friendship ' ' fell upon our magazine. Luckily it did 
not explode and it did but little damage. Tide being at the flood 
gave the vessels the advantage of choosing positions to suit them- 
selves before anchoring. Four of them came within easy range 
of the g-uns mounted upon the southwestern bastion of our fort, 
and we at once opened fire upon them. The leading vessel, which 
I afterwards learned was the "Active," twenty-eight guns, 
treated our fire with contempt and continued her course until she 
was within about four hundred yards of us. 

Then she cast anchor and immediately emptied a broadside at 
us. Her fusilade, however, did but little damage, for most of the 
shells buried themselves in the spongy logs of the fort or disap- 
peared in the mounds of sand around it. 

The other ships took positions now, and as they anchored, 
each favored us with a broadside. 

''Good morning. Sir Peter," Jasper waved his hand as he 
spoke at the Bristol, the large ship from which the Admiral's 
broad pennant floated. 

Shells began to fall rapidly in the fort, several of our men 
were wounded, and two brave fellows were dead. Jesting had 
ceased— with all now was a feeling of grim determination. We 
were fighting with our backs against the wall and every man felt 
that it was "to do or die." If we could not win the battle we 
could at least die like brave men— there were no faint hearts in 
our little band that day. 

Col. Moultrie, Lieut. Col. Motte, Major Marion, these three 
seemed to be everywhere at the same time. Encouraging the 
men, advising them by their constant attention they cheered us, 
and everyone fought with hopeful determination. 

Major Marion upon several occasions mounted the walls of the 
fort in order to direct the aim of our gunners. 

The fire from the fleet had by this time turned into a regular 


rain of shells. More of our gallant boys were wounded, and I 
saw one poor fellow drop dead torn by a shell. The bombs from 
the '^Thunder" were now beginning to fall within the fort fre- 
quently. But the fleet did not escape our shots unharmed. In 
the fort every man had been cool ; we remained at our posts, and 
the gunners under instructions from Major Marion had taken 
careful aim. Nearly every shot told, and we could see huge 
gashes in the sides of the warships. We had struck several of 
the masts, and once I saw a cross-tree fall over the side of a ship. 

On the decks of the Bristol we could see one of her officers 
directing men who were removing the wounded. 

Then an unexpected movement of the fleet threw us into con- 
sternation. Three of the ships, the Acteon, the Sphynx and the 
Syren moved in the direction of the western or end of the island 
nearest the city. 

Had they successfully passed in the channel and reached the 
destined point, we would have been at their mercy. The east end 
of the fort had been left unfinished. Our garrison would be an 
easy mark for their guns, and if we attempted to continue to 
serve the gims in the fort the ships could rake our positions with 
deadly effect. 

In attempting to accomplish their move, the three ships were 
compelled to >stand over towards the middle ground in order to 
give the balance of the vessels engaged in action a clear field. 
This was our salvation, for this middle ground was shoally. 
Suddenly the Acteon and the Sphynx ran afoul of each other, 
and the three vessels were then forced by the tide upon a shoal, 
where they stuck fast. 

The crew of the Syren after much exertion succeeded in get- 
ting her off, the Sphynx followed, having, however, lost her bow- 
sprit, but the Acteon, despite the exertions of her crew, remained 
immovable upon the shoal. 

This fortunate event cheered us considerably. We had three 
antagonists less to contend with, for the Acteon upon the shoal 
was powerless to do us harm, while the Syren as well as the 
Sphynx had to withdraw from the engagement in order to repair 

Then the "Thunder" suddenly ceased throwing her lovetokens 


into the fort. We afterwards learned that the recoil from her 
mortars had damaged her to such an extent as to render her unfit 
for further service at the time. But the seven remaining ships 
continued to batter our walls unceasingly. But we were all in 
good spirits and worked with renewed energy. 

Then came a cry of dismay from one of our boys. He pointed 
to the summit of the merlon from which our blue flag had so 
proudly floated during the engagement. THE FLAG AND 
PART OF THE STAFF WERE GONE. At once clear and 
loud rang out a familiar voice : 


I looked just in time to see Sergeant Jasper as he leaped from 
one of the embrasures after the missing banner. For a few min- 
utes officers as well as the men held their breath, then hatless, his 
red hair floating in the wind, his face black from the grime of 
powder smoke, the hero appeared unhurt, the flag clutched tight- 
ly in his hand. 

We welcomed him with a loud cheer and our guns which had 
remained silent during the interval, belched forth their iron 
messengers of destruction into the sides of the four vessels near- 
est to us by way of a salute for the gallant deed performed. 

But bringing the flag back into the fort did not complete the 
gallant Jasper's deed, for hastily fastening the banner to a 
sponge staff, the undaunted fellow amidst the rain of shells which 
was falling on every side, mounted the summit of the merlon and 
placed the sponge staff in position. Once more the blue banner 
with the white crescent and the word ''Liberty" floated defiantly 
before Sir Peter Parker and his ships. 

Away to the east we could see high above the dense growth of 
myrtles and cedars a huge cloud of smoke slowly rising. 

We knew that Col. Thomson and the "Rangers" were dis- 
puting the landing of Sir Henry Clinton and his regulars. 

We could not hear the sound of the discharge of their arms, 
for the continuous cannonading around us deafened us to every- 
thing, l)ut that a skirmish was taking place we all felt sure. Col. 
Moultrie and his officers were in earnest consultation in one 
corner of the fort. 


Once I caught a glimpse of the face of our brave commander — 
it was unusually grave— then I knew that much depended upon 
the outcome of the battle at the other end of the island. But I 
had heard much of Col. Thomson and his brave ' ' Rangers, ' ' and 
I knew that he and his men would give a good account of them- 
selves. If coolness, bravery and skill with the rifle counted, there 
would be many redcoats who would bite the dust before the day 
was much older. 

On the eastern end of the island in the redoubt called "Ad- 
vanced Guard," Col. Thomson and his *' Rangers" held Sir 
Henry Clinton and his two thousand men in check. The inlet 
through which the British commander had expected to cross to 
Sullivan's Island on this fateful 28th of June was unfordable. 
For several days previously the continuous east winds had caused 
unusually high tides, and the swift currents rendered an attempt 
to cross extremely dangerous if not foolhardy. 

But Sir Henry was not to be balked— he changed his plans. 
He sent the armed flotilla with which he had been supplied by Sir 
Peter over to effect a landing. In goodly array the boats ad- 

The ''Rangers" knew very little about the use of artillery— 
they were not cannoneers— but they were all experts with the 

They tried serving the two guns with which the redoubt had 
been provided, but they could not use them to advantage. The 
cannon were set aside, and their deadly rifles were substituted. 

The British soldiers in the boats were targets upon which 
never a shot was lost. The boats continued to advance, although 
the men were falling continuously upon their exposed decks. 
Every shot from the ''Rangers" told, but the advance was not 
stayed until the grapeshot from Col. Thomson's gims raked the 
decks with deadly effect. No men could stand the rain of lead 
and iron which was showering upon the advancing flotilla, so 
hastily they put back to Long Island. 

They landed upon the beach and some of them bore away the 
wounded, while the rest began to dig trenches in which to bury 
their dead comrades. 


Sir Henry made no more attempts to cross to Sullivan's Island 
—the first attempt showed him how useless others would be, and 
for the balance of the day he stood upon the beach gazing in the 
direction of the fleet, powerless to render Sir Peter the assist- 
ance which the latter needed, and which would have meant anni- 
hilation to our handful of brave men in the fort. 

Early in the battle Col. Moultrie had instructed us to centre 
our fire upon the admiral's ship, the '^Bristol." We obeyed him 
to the letter. The ''Bristol" and the ''Experiment" were our 
two special targets. 

The ' ' Bristol ' ' was the flagship ; on board was the British ad- 
miral, Sir Peter Parker, and Lord William Campbell, our former 
Royal Governor. Lord William had at one time been an officer 
in the royal navy, and he had as a matter of courtesy been placed 
in command of the lower deck by Sir Peter. He managed his 
men admirably, but during the engagement received a wound in 
the side from which he afterwards died. 

Sir Peter, although wounded twice during the battle insisted 
upon remaining at his post, and by his example his men were 
greatly encouraged. The ' ' Bristol ' ' had the spring of her cable 
shot away, and as she drifted she was raked fore and aft by our 
guns. We learned afterwards that over a hundred men were 
killed and wounded at that time. Capt. Morris, the officer next 
in command to the admiral, had his arm shot off and died a week 

The "Experiment" fared almost as badly as the "Bristol." 
Capt. Scott, her commander, lost his arm, and about the same 
number of men were wounded and killed as upon the "Bristol." 

The little palmetto log fort gave a good account of itself that 
day! The men behind its walls were heroes— they made history 
for Carolina. 

The mainmast of the "Bristol" was so weakened from the 
grapeshot with which our cannon had filled it, that for safety 
sake it had to be shortened, her mizzenmast had to be cut away, 
while the hull was almost a sieve from our shots. 

Then came the order to ' ' cease firing. ' ' It took us by complete 
surprise, so unexpected was it. Our supply of powder was run- 


ning low and Colonel Moultrie had been instructed by General 
Charles Lee to retreat in the event of the ammunition giving out. 
But to retreat at this time meant to leave Col. Thomson and 
the "Rangers" at the other end of the island to their fate. 
Hemmed in on one side by Sir Henry Clinton and his army, and 
i^^ith the marines from the fleet in possession of the fort there 
would be no escape. 

Thomson and his brave men would have to surrender or be cut 
to pieces. But Col. Moultrie was not the man to desert his 
friends. He was well aware that the little garrison in the fort, 
himself and officers, would all have been on a hasty retreat if 
Thomson and his brave "Rangers" had not held Sir Henry Clin- 
ton and his men in check. 

Col. Thomson and his men have never received full credit for 
the part which they played in the drama enacted that day. 

But Col, Moultrie, aware of the assistance given him, big 
hearted and generous, as well as brave, he resolved to resort to 
strategem in order to carry out Lee's instructions. He ordered 
the intervals of time between the discharges of the guns in the 
fort to be lengthened. There was to be an interval of ten minutes 
between the discharge of each gun. In this way, while carrying 
out General Charles Lee's orders, Moultrie held himself and the 
garrison in readiness to aid Thomson, should the latter be forced 
to abandon his position at the other end of the island and retreat 
from the ' ' Advance Guard. ' ' 

After several minutes had passed without fire from the fort, 
we could hear cheering from the "Bristol." The crews of the 
fleet supposed that our guns had been silenced ! But we soon dis- 
abused their minds, for we again opened fire upon them. But the 
pauses between our guns were so long that our actions gave 
alarm even to our friends who were eagerly watching us from the 
waterfront in the city. They were under the impression that our 
guns had been disabled, or that we were about to surrender. 

Then in some unaccountable way the report spread amongst 
us that Sir Henry Clinton and his regulars had succeeded in 
effecting a landing on the island, and that Col. Thomson and his 
men were in full retreat in the direction of our fort. All firing 


was immediately stopped in order to verify this report, but it 
proved to be a false rmnor and our alarm was dispelled. 

About half past five in the afternoon President Butledge suc- 
ceeding in sending Col. Moultrie FIVE HUNDRED POUNDS 
OF POWDER, a gift at the time more welcome than its weight 
in gold. We hailed its appearance with such a wild cheer that 
the sailors upon the fleet rushed to the sides of their vessels and 
peered anxiously in the direction of the town, doubtless expecting 
to see new assailants approaching by water. 

In a few moments with renewed energies and lightened hearts 
we again directed our guns at the fleet and raked their decks. 

During the cessation of fire in the fort I had opportunity to 
look around. A scene of devastation met my eyes. And the sad 
sight of our brave dead ! Eleven of our gallant fellows lay dead, 
and my friend, light-hearted, merry, brave McDaniel, the man 
who had obtained passage for me upon the sloop the morning 
before, lay dying in the arms of one of our men. He smiled at me 
as I stood near him, then with an effort he waved his hand to us 
as he said : 

"Fight on my brave boys— don't let Liberty die with me to- 
day, ' ' We heard him plainly and there were tears in the eyes of 
some of our men as the hero lay back in the arms of his friend 
and in a few moments calmly breathed his last. 

Knights of old never fought more bravely, nor did ever hero 
die with more unselfish sentiment than this gallant Carolinian 
whose last words were for the success of the cause he loved so 

We kept our fire at shorter intervals until after seven o'clock. 

After sunset the enemy shortened their fire, then a little later 
the cannon on the fleet ceased its thunder. 

By nine o'clock not a gun was to be heard— no sound disturbed 
the continuous roar of the surf upon the beach. 

And we in the fort felt that the battle was won ! 

That night somewhere about eleven o'clock the British fleet, 
with piping or the least noise, slipped their cables and with the 
ebb tide returned to their former anchorage near Five Fathom 


At daylight we were all up and clearing away the debris in the 
fort. The river upon which our late antagonists had floated, 
rolled peacefully by, while his majesty's fleet lay at a safe dis- 
tance from the foe whom they had looked upon as conquered be- 
fore a gun had been fired from their hitherto invincible war ships. 

Opposik^ Morris' Island the vessels lay, and the admiral's 
broad pennant on a jury-mast could faintly be seen by us. 

On our palmetto log fort the blue banner, with its crescent and 
"Liberty," still floated defiantly. The sponge staff still held it 
aloft — the banner which had waved over the handful of men 
whose pluck and daring had caused the admiral of the greatest 
navy in the world to "jurymast" his broad pennant and run 
away under cover of darkness. 

About a mile away from us, out on the reef, the Acteon still 
lay fast aground. We favored her with a few shots. Her gallant 
commander, Captain Atkins, undaunted by his misfortune, re- 
turned our fire. 

Then after setting the vessel on fire her boats were lowered 
and Atkins with his officers and men bore away in the direction 
of the fleet. 

The officers and crew of the Acteon had scarce abandoned 
their vessel v/hen a V)oat from our little Carolina warshi]), the 
"Prosper," with a picked crew under command of Lieut. Milli- 
gan at once boarded her. 

The gims of the Acteon were turned upon the retreating 
boats. Three shots were fired, but the dense smoke which was 
pouring from the hold of the vessel as well as the crackling of the 
fire, whifh was now beginning to make rapid headway, warned 
tho iH.ardors that their stay nnist be short. The guns were aban- 
doned and the Prosper 's iioat was loaded with the most needed 
stores from the burning vessel. 

Lieut. Milligan secured the Acteon's colors, as well as the 
ship's Im'II. Thon the boarding j)arty hastily made their way 
bark to thj'ir own vessel. Xor di<l they conH* a moment too soon, 
for not many minutes after their departure from the Acteon 
the fire reached her magazine and the vessel blew up. 


The British fleet trouMeM us no more. The battle of Fort 
Sullivan was won ! 

The tirst ^reat vict4)ry of th«' War for Iiwiependenee had lx»en 
gained hy a few undaunted patriots in a fort hut half completed 
and built mostly of palmetto logs. 

History of the Mortnan Church 

By Brigham H. Roberts, Assistant Historian of the Church 


Politics and the Godbeite Leaders— The Gtrant Appointees- 
Governor Shaffer and the Natjvoo Legion— Provo Riots 
AND Gen. De Trobriand— Gen. Sherman and "'Hard 
Times"— Death of Governor Shaffer 

WHILE the Godbeite revolt cut a ridiculous figure 
as a religious *' movement, " it does challenge some 
respect as a factor in the current political events of 
1870. That year saw the birth of the ** Liberal" or 
anti-Church political party; and its origin was due to the God- 
beite revolt. 

The municipal election for Salt Lake City officers would take 
place in mid February, and as the coterie of newly apostate 
Mormons were supposed to be men of considerable influence 
among the Latter-day Saints, and, moreover, were already in 
possession of a weekly periodical, the Utah Magazine, it was 
thought that by a union with the Gentile citizens at least a 
respectable showing could be made at the polls, and the entering 
political wedge be inserted that would finally destroy the alleged 
political solidarity of the Church. "The Gentiles," says the his- 
torian of the movement, "with political sagacity, kept in the 
background, merely playing the part of advisers, helpers and 

In the furtherance of this plan the Utah Magazinp., hitherto 
the organ of the "New Movement," was transformed into the 
Mormon Tribune, and became an anti-Church paper.^ 

I. The Mormon Tribune "ran off its first copy on the night of January ist, 
1870, which date it bore. Its original editors were Harrison and Tnllidge, with 
Eli B. Kelsey, business manager. William S. Godbe was its financial guardian. 
Willaim H. Shearman soon afterwards became business manager and associate edi- 



Fourth President of The Church of Jesus Christ of Latter- 
Day Saints. Born in Farmington (now Avon), Hartford 
county, Connecticut, March 1, 1807 

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n.- at ieaBi «t 

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In the municipal election of 1870 the Liberal Party cut but a 
sorry figure. Henry W. Lawrence was the candidate for mayor 
and there was a full aldermanic ticket nominated, but the party 
polled only an average of about three hundred votes, to an aver- 
ago vote of about two thousand for the ticket they opposed.^ 
One incident to be deeply regretted was the capture of a Liberal 
Party meeting, by their opponents. On the 9th of February at 
the Masonic Hall representatives of the Liberal Party met in 
caucus, effected an organization, appointed a central committee 
t«) serve one year, nominated a ticket for the city offices, ap- 
pointed a mass meeting for the following night, February lOth^ 
to ratify what had been done, and to exchauge views on the ques- 
tions before the people. Placards addressed to the people were 
posted in all parts of the city, giving information as to the pur- 
pose of the meeting — "the nomination of a people's free and in- 
dependent ticket for mayor," etc., and closing with the often 
used ''come one, come all" of such placards, and signed ''Many 
Citizens," The Deseret News, of the 10th of February, called 
attention to these placards, and perverted the intent of 

tor, and Kelsey and Tullidge retired." (Tullidge's Hist, of Salt Lake City, Appen- 
dix, 9) A little more than a year after its initial number came from the press,. 
tVivi Mormon Tribune passed into other hands, was changed from a weekly to a 
daily, dropped the pre-fix "Mormon" from its title, and became a secular news- 
paper with strong anti-Mormon proclivities. (See note i end of chapter) About 
the same time the Salt Lake Herald was brought into existence under the follow- 
ing circumstances, according to Mr. Tullidge: "The Daily Herald was [first] is- 
sued on June 5th, 1870. Its size was four pages, 14x20, in five columns. E. L. 
Sloan may editorially be considered the founder ; Mr. William C. Dunbar was its 
business manager, and in this respect he was a joint founder, both of these gen- 
tlemen going into the enterprise together. The times were propitious for its 
start, for the Salt Lake Daily Telegraph haa just been discontinued, leaving the field 
open for a new paper. During the latter part of its career, Sloan was the editor 
and Dunbar the business manager of tht Telegraph. Notwithstanding the Tele- 
graph had been moved to Ogden b> counsel, these gentlemen sagaciously saw that 
a secular newspaper, conservative of the Mormon citizen's rights as well as sup- 
portive of the just claims of the Gentiles, who had now become an influential fac- 
tor in our mixed society, was needed most in Salt Lake City. This was the basic 
idea of Edward Sloan as a journalist. But there was also another view tliat made 
this paper a necessity. The Tribune [as stated above] had started and it was, it 
must be confessed, an anti-Church paper. The Herald had, therefore, the chance 
of a more purely journalistic mission before it, and those who six months before 
might have discountenanced its starting saw the then present need of the times 
and the surroundings; thus the Herald started with a decidedly winning advantage. 
History of Salt Lake City — Tullidge — Appendix, p. 9. The Herald continued true 
to its mission throughout the Territorial period of Utah ; and after statehood was 
obtained it continued as an independent Democratic paper until absorbed by the 
Inter Mountain Republican, which became as a consequence of the absorption 
the Herald Republican of the present day. 

2. See Report of Central Committee of Liberal Party in Tullidge's Hist. Saltc 
Lake City, pp. 432-3; also Deseret News — Weekly — for Feb. 23, 1870: 


them; and advised that since the object of the meeting 
was ''one of general interest to all classes of our citizens, 
we hope," said the News, "there will be a crowded at- 
tendance. We want to see a good ticket nominated for city offi- 
cers, and the occasion is one in which every citizen should be in- 
terested."^ On this hint some of the "citizens" acted, and the 
pity of it is that some of them were prominent men in civil and 
ecclesiastical life of the community. They forcibly took posses- 
sion of the meeting over the protest of Mr. Eli B. Kelsey, who 
informed them that this was an adjourned meeting of which he 
was chairman. He was ignored, however, and a new chairman 
and secretary'- were elected. When nominations were called for, 
one by one the nominees of a previous meeting that had been held 
in the Tabernacle, on the 5th of the same month, were brought 
forward and placed in nomination at this usurped meeting. The 
so-called party coup d' etat is utterly indefensible from every 
view point, and was successful only because the party against 
whom the injustice was practiced was not strong enough to resist 
it by force. The injustice of the procedure was doubtless not 
appreciated at the time.* 

The minoritj^ party two days before the election made appli- 
cation for the appointment of one judge of election out of the 
three ; and one clerk out of the two at the polls, but this was de- 
nied them by Mayor Wells, on the ground that the judges and 
clerks had already been appointed by the city council on the 1st 
of the month. He courteously assured the representatives of 
the new party, however, that "every protection" would be af- 
forded the "voters to vote their respective tickets without par- 

3. Deseret News — Daily — Feb. loth, 1870 

4. It has been suggested that the whole incident was but a practical joke, dis- 
courteous, perhaps, as most practical jokes are, but still a joke, etc.; but the evi- 
dence of the "joke". is entirely lacking, and of course was not seen in that light 
by those upon whom it was practiced, while the official dignity of those engaged 
in it would forbid acceptance of the theory. Another suggestion is that it was 
"merely a political move of party managers to show the people how futile an op- 
position party was, and how easily overwhelmed." (TuUidge's Hist, of Salt Lake 
City, p 429). In that event it was pretty serious business, and leads to the same 
conclusion expressed in the text. Stenhouse states that Brigham Young sent his 
chief clerk the next morning to assume responsibility for the damage done to the 
Hall and the broken benches, and adds that "it was very fortunate that only broken 
benches had to be settled for." He represents it as a serious incident and one that 
might easily have ended in tragedy. 


tiality or hindrance ; . . . and it is designed" he added "to 
enforce the strictest order. "^ 

Fortunately the election passed off peacefully, and with the 
result already stated. 

The schismatics of the Godbeite movement were accorded an 
influence in the affairs of Utah at Washington, for a time, that 
was out of all proportion to their local influence or their num- 
bers; but the country hoped much from the expected "division" 
they were to bring about within the Church. Fortunately they 
were men who beyond doubt wished well for the people of Utah ; 
and, moreover, they themselves, or most of them, were involved 
in the institution at which the unfriendly congressional legisla- 
tion was aimed— t't,2, polygamy; and evidently they desired to 
honorably discharge all moral obligations to their families. 

The Cullom Bill, then pending before congress was not only a 
measure to make the punishment of bigamy more certain, but 
proposed the disruption of the homes already established by 
such marriages in the past.^ In view of that fact these schis- 
matic brethren called a meeting with the more conservative Gen- 
tiles of the community to recommend some modifications of thvi 
Cullom Bill. In that meeting the sentiment of the Godbeite lead- 
ers, in the main, was to ask for such modifications of the Bill as 
not to disrupt existing family relations.^ The prominent Gen- 

5. The lateness of the application and the previous appointment of the elec- 
tion judges and the clerks may have justified the action of Mayor Wells, hut of 
course minority parties must have the assurance of fair treatnient at the polls hy 
the presence of their representatives, rather than by the assurance, however, kindly, 
of their ftpponents ; and that principle, of course, became recognized in the legislation 
of Utah as elsewhere, in time. (See art of the legislature Feb. 22, hS/S, compiled 
laws of I'tah. 1888. Ch. IX, Sec. 9. p. 321). 

6. "The superfluous wives of Young and his followers," said the Missouri 
Republican, commenting on the bill as it passed the House, "are declared concu- 
bines and their offspring bastards and l)oth women and children are literally turned 
out of doors and consigned to the cold charities of the world. The punishment of 
these comparatively innocent parties is actually more severe than that inflicted upon 
the more guilty. The male pf)lygamist may escape scot free by simply giving up 
his femnl-.' companions, hut in any event they [the women and children] are re- 
duced to pauperism at once, and forced to beg, starve, or do worse." Impression of 
March 27th, 1870. 

7 E. L. T. Harrison «aid that the object fif the meeting, as he understood it, 
was "to see if we could unite upon a memorial to be addressed to the Senate, re- 
questing such modification of the Cullom Rill as would except all marriages en- 
tered into before the passage of the Rill. Mr. StCnhouse sustained Mr. Kelsey's 
positiori. If there had been a wrong in the past conduct of the Mormons, with 
respect to the violation of the act of 1862, he considered government equally as 
culpable as the people by their neglect on the «ubject. He heard Mr. Lincoln him- 


tiles who attended the meeting were divided in opinion in the 
matter. Gen. Geo. R. Maxwell, U. S. land register, a veteran 
of the civil war, was unwilling to ask any leniency respecting 
polygamy, but would join in an effort to have the land and dis- 
franchising clauses so modified as not to injure any who were 
disposed to be loyal to the government." Mr. Thomas Mar- 
shall, a prominent Gentile lawyer, was opposed to polygamy 
"and would favor any measure which confined itself to stop- 
ping the spread of the practice. For this reason he decidedly 
approved the main measures of the (Cullom) Bill, provided 
existing relationships were not interferd with. "^ 

The result of the conference was that a committee of seven 
was chosen to draft and forward to congress a memorial asking 
for such modifications of the pending measure before congress 
as leading Gentiles and the Godbeite leaders could endorse.^ 

The appointment of the Committee amounted to nothing, how- 
ever, since before it proceeded far with its work, members of it 
waited upon some of the Church leaders— upon Elders John 
Taylor and Geo. Q. Cannon, of the council of the Twelve Apos- 
tles, in the absence of President Young in the southern settle- 

self say, that 'if the Mormons let him alone, he would let them alone.' He, Mr. 
Stenhoiise, would join in soliciting for a modification of the act. There were many 
points to which the attention of government ought to be called. One was that the 
circumstances of the people would not permit a separate provision for their fami- 
lies, were they ever so disposed to obey that part of the Act; and that the carrying 
out of its provisions so far as existing polygamous families were concerned, would 
involved the people in an amount of loss and suffering of which the government 
has no conception." The quotations are from the "Mormon Tribune," last issue in 
March, 1870, the meeting was held on the 26th of March. See also Tullidges 
Quarterly Magazine of Oct., 1880, p. 59, 60. 

8. Mormon Tribune March, 1870, and Tullidge's Quarterly Magazine Oct., 
1880, p. 60, 61. Mr. Marshal also "testified to his personal knowledge of the vir- 
tue, integrity, and loyalty of many gentlemen who were already practicing poly- 
gamy in Utah, and although he believed it to be a very great evil he felt it would 
be a still greater evil to break up family associations already formed. To do the 
latter he realized would be productive of great suffering and wrong, and, there- 
fore, he should put his name to the proposed petition even if it stood there alone." 

9. The committee as at first named included Messrs: J. R. Walker, J. M. Car- 
ter Cof the law firm of Marshall and Carter), Samuel Kahn. R. H. Robertson, War- 
ren Hansey, Thos. Marshall, and O. J Hollister. Mr. Hollister subsequently "de- 
clined to act. and Bishop Daniel S. Tuttle, then in charge of the Episcopal mis- 
sionary district, comprising Utah. Idaho, and IMontana, "being informed that some 
gentleman had suggested his name as one of the committee, in a most kindly and 
Christian spirit cheerfully consented to fill Mr. Hollisters place." Mormon Tribune 
account of the meeting, quoted in Tullidge's Quarterly Magazine, Oct., 1870, pp. 59- 
61. Also Deseret AVzt'.y— Weekly— for 6th of April, p. 107. 


ments of Utah^^— and asked them if they would pledge the 
Church to abide the law iu the future if the proposed legislation 
should leave the past untouched. Not feeling at libei-ty to give 
any such pledge, having no authority to do so, the two apostles 
gave a negative answer to the question, whereupon the com- 
mittee ''resolved to fold its arms and let events take their 
course. "^^ 

Some time previous to this Mr. Godbe had been sent to Wash- 
ington strongly recommended to the consideration of President 
Grant by both the "New Movement" leaders and the Gentiles. ^^ 
It is said that at Washington Mr. Godbe was introduced to Pres- 
ident Grant by Vice President Schuyler Colfax who then left 
them to a long conference relative to Utah affairs which ended, 
it is claimed, in President Grant very greatly modifying his 
views on the subject of the Mormon question, bringing him to the 
policy of sternly enforcing the national laws made for Utah 
without reference to any new legislation, and keeping only such 
portion of the regular army in the Territory as might be neces- 
sary to constitute a "moral force," instead of regular troops 
to enforce the law, or by calling forth volunteers to the number 
of "forty thousand" to enforce the anti-bigamy law, as was pro- 
posed at one time in the Cullom Bill.^^ A protracted consulta- 

10. Deseret News — Weekly — of April 20th, 1870. President Young was ab- 
sent fifty-two days on this journey in the '^outh — the longest time he had been 
absent from the city since his return from Winter Quarters in 1848 with his fam- 
ily. This long absence in the south was interpreted in the East as meaning that 
he had already "fled" from the menaces contained in the Cullom Bill, and it was 
thought in ma'nv quarters in the east that he would not return— that the threatened 
Mormon exodus in the event of the Cullom Bill passing was already begun. The 
Presider.l was given a hearty welcome by the Latter-day Saints on his return, as 
may be judged bv the following brief account of it in the Dcst'rct Ncivs—X^^Wy — of 
April iHtli, the President returned on the i6tii : "The manifestations of welcome 
exterfled t. President Young on his return to-day were never more numerous and 
enthusiastic. Citizens of all classes, and in very great numbers, accompanied I)y 
bands of music and hiuidreds of Sunday School children giving the most unequivo- 
cal expressions of their joy and gladness at his reappearance iu their midst. We take 
very great pleasure in clironicling tlie fact." 

11. Letter of O. J. Hollister to the Omaha llciald luider date of April 2nd, 
copied into the Descrct News of April 20th, 1870. 

12. See Tullidge's Quarterly Magazine of Oct., 1S80, p. 58. 

13. See New York Herald of 24th of March, 1870. F.ven with some of the 
more' vicious section stricken out and as it passed the House, the N. Y. Herald 
still characterized it as a "cruel and tyrannous measure; and suggested that it would 
be better to leave their (the Mormon) system to the melting influence of the uni- 
versal ballot (which unfortunately this bill curtails), the .schism, and the 'iron 


tion which Mr. Godbe had with Mr. Cullom, is said to have had 
a like modifying effect upon the Illinois statesman; and so 
throughout there was, it is claimed, moderation of views at the 
national capital by reason of the intervention of the ' ' New Move- 
ment" leaders, ^^ with a like effect upon the administration of af- 
fairs in C^tah by the Grant appointees to the federal offices in 
Utah.^^ It is even claimed that the national military officers con- 
sulted with the ''New Movement" leaders^^ as to the military pol- 
icy to be pursued, which led to the following conclusion : 

"That military force was not necessary to solve the Utah 
problem ; that all which was needed was sufficient troops in the 
Territory to act as a 'moral force' upon the public mind, con- 
vincing the Mormons that the government intended to carry out 
its policy; that as more troops were designed for Utah, Provo 
would be the best place to station them ; that these military 
movements should show no design to intimidate the Mormons, 
but simply to assert the National authority by their pres- 
ence. "^^ 

Nothing should be allowed to detract from whatever of merit 
belongs to the "New Movement" leaders in bringing about 
modifications in legislative measures or executive policies rela- 
tive to sorely-beset Utah. And doubtless the hope that there 
would result from their "rebellion" against the "one man power 
in Utah," a permanent schism in the Church of the Ijatter-day 

horse.'" (Id). "It cannot be denied," .said the Missouri Republican, "that the pol- 
icy indicated in the enactment is nothing more or less than persecution, and will be 
so regarded by the "viormons themselves." impression of March 27th, 1870. 

14 "The substi'nce of the Utah policy recommended by Mr. Godbe and his 
compeers in 1869-70 t<^ the Government and leading men of the nation was to first 
establish over this Territory a firm and potent federal rule. This, rather than spec- 
ial legislation and the increase of troops, was held to be the initial move of a prop- 
er United States policy for Utah." (Tullidge's Quarterly Magazine of Oct., 1880, 

p. 58). 

15. Ibid, p. 63, Where, after detailing an interview between Governor .Shaflfer 
and Eli P.. Kelsev, wherein Kelsev pleaded the Mormon cause, it is said : "From 
that time (ien. Sh'afifer modified his desire for a war crusade against the polygamic 
people. His resolve thereafter was simply (to use his own words) to make him- 
self the Governor of Utah in fact, and commander-in-chief of the Militia" (Id). 

16. "President Grant sent General Phil Sheridan to Utah to judge of the sit- 
uation and to establish another military post. On his arrival, General^^ Sheridan 
sent for Mr. Godbe to meet him at the Governor's rooms. "Mr. Godbe," said the 
General, "President Grant has in.structed me to come to you for my orders!" Such 
were exactly his words. And later he said in the presence of many federal offi- 
cials : "The President has charged me to do nothing without consulting Mr. Godbe 
and his friends." Tullidge's Quarterly Magazine, Oct., 1880, p. 63. 

17. Ibid. 


Saints, led the Washington authorities for a time to concede 
very much to tlieir suggestions. But their influence was only 
temporary. It soon became apparent that they constituted no 
"party of reform" within the Church, in any large way, and 
they were soon absorbed in the Gentile anti-Mormon political 
party, the formation of which— inevitable in any event— their 
"rebellion" only hastened. Nor even in the matter of modify- 
ing the legislative and executive policy towards Utah were the 
"New Movement" leaders the principal factors. Other forces 
were operating; and of these the courage, boldness, and unfal- 
tering faith of the Latter-day Saints themselves, which prepared 
them to make any sacrifice that might be necessary to maintain 
what they conceived to be the truth, and which constituted their 
religious faith, was one of the most potent. 

There brave attitude and calm confidence in the overruling 
providences of God in this crisis of 1869-70, have already been 
set forth in these pages ;^^ and it brought forth a widespread 
admiration for the sincerity of these "religious fanatics of the 
nineteenth century." The question was asked in other places 
than in Utah, and by other persons than Mr. Colfax "Will the 
Mormons Fight?" and although there was never a doubt as to 
the final outcome of the "war," should it come, yet the settled 
conviction of the country seems to have been that the Mormons 
would fight, the conclusion being based upon previous manifest 
willingness to do so, and to sacrifice their property by destroy- 
ing it, and following this act by flight to the mountains. The 
Omaha Herald in commenting on the Mormon protest against 
the passage of the Cullom Bill by the senate after it had passed 
the house said : 

"Notwithstanding the temperance and moderation which 
appear to have ruled the late action in Salt Lake, it requires 
no great discernment to perceive the determined spirit that lies 
behind it. If the Cullom bill shall become a law it will produce 

19. Chapter CVII. Tullidj?e, the Historian of the "Godheite Movement," 
thus speaks of the attitude of the Mormon Church leaders, and of their people 
in the crisis of 1869-70: "This age has never witnessed another such example of 
religious deliance of all earthly governments, not even was that of the 'Utah War' 
its equal, for this was made, not in isolation now, but in the very face of the 
American nation, with the railroad completed over which, in a few days troops 
could have been hurried by the conqueror of the South." (The Godbeite Move- 
ment Oct., 1880, p. 57). 


war and bloodshed. No man at all acquainted with the condi- 
tion of affairs can doubt this, and we do not know how these con- 
sequences can be averted in that event. It is evident that the 
Mormon people intend to exhaust peaceful means to prevent the 
invasion of their homes and firesides from what they deem the 
destroying arm of religious persecution, but we do not think we 
are speaking unadvisedly when we continue to warn all that 
the Cullom bill means violence, war, and the certain destruction 
of great interests. "^'^ 

Before the House of representatives had eliminated from the 
Cullom Bill its special military features, the New York World 

''This Bill means war. Its terms and its provisions are in 
the nature of preparations for war. Its execution will assuredly 
be followed by war. Not only is the regular army to be ordered 
to Utah, but volunteers are to be called for, and these forces 
are to be placed under command of the experienced military 
officer General Schaffer, whom Grant just appointed Governor 
of the Territory. . . . Either the President or Congress 
has the power of putting the Territory of Utah under martial 
law ; and if Grant signs this bill, there need be no doubt that 
he will be prepared to exercise that power. "^^ . . . Will 
the Mormoyi's Fight? Will they fly? . . . Fifteen years 
ago, when the Mormons had less than a quarter of their present 
strength they showed their entire readiness to fight for their 

17. Omaha Herald of April 2nd 1870. Previously the Herald had said: 
"Vast interests are involved in the passage of this Cullom bill, and that man v^ho 
does not appreciate their magnitude, and the possible consequences of the measure 
which proposes, by what the New York Herald denounced as 'cruel and tyrannous' 
means, to overthrow the social, marital and domestic relations of 150,000 people 
against their known religious convictions, had better give heed to them. Utah 
may, indeed, with all its teeming industries, become 'a scene of desolation,' but if 
we do not misjudge the condition of affairs, those who would make it such— 
those who would put the torch to their own households and make ashes of their 
goods — might not stop here. Omaha, and all this Western country, have a deep 
stake in this matter, and the Union Pacific Railroad is also vitally concerned in 
it. The Nebraska delegation in the Senate should never consent to making a law 
of the Cullom bill. Its passage by the Senate will incur, not the certainty, but the 
liability, of the destruction of a vast and growing trade and business which it would 
require twentv years to repair and restore." (Omaha Herald, March 30). 

18. This remark is justified both by the well known character for determma- 
tion of President Grant, and also his principles respecting the enforcement of laws, 
stated in his first inaugural address. He said on that occasion that "he should have 
no policy of his own, except to carry out the will of the people, as expressed by 
the legislative department, and expounded by the judiciary." "Laws," said he, 
"are to govern all alike, those opposed, as well as those who favor them. I know 
of no method to secure the repeal of bad or obnoxious laws so effective as their 
stringent execution." Messages and papers of the Presidents, Vol. VII. p. 6. 


system. They met Gen. Johnston's army in the mountains, 
harassed his advance on their strongholds, and, though mat- 
ters soon came to a point at which warlike operations were stop- 
ped, they gave proof of their power to offer formidable resist- 
ance, as well as of their willingness to confront any enemy. Pre- 
vious to that time, when in Nauvoo, they frequently displayed 
a similar spirit and purpose having their troops always organ- 
ized and standing always in the attitude of Saints militant and 
belligerent. In fact, the Mormon Church and aiTQy have been 
' ' one and indivisible ' ' from the time that they were both organ- 
ized by the Prophet Joseph Smith. 

"We do not believe that any one who comprehends the sys- 
tem and spirit of Brigham Young, as he has kept them up for the 
last quarter of a century, can doubt that the Mormons are pre- 
pared to assume a belligerent attitude, if the principles of Cul- 
lom's Bill are enforced against them by military power. . . . 

". . . Congress should understand this, and the country 
should be warned of these things before the passage of Cul- 
lom's bill. 

"There is danger that, after the circumstances of the case 
are developed, the Government will be compelled either to back 
down from Cullom's ground or undertake a "bigger job" than 
most people have any idea of. If we force them into a hostile 
attitude, the Mormons can give us a very disagreeable, a very 
wearisome and tremendously expensive war. Cullom's bill pro- 
vides for the employment of about forty thousand troops, partly 
regulars and partly volunteers. The Mormons could give such 
a force two or three years' fighting, at an annual expense to us 
of not less than two hundred millions of dollars. 

"The Government should not forcibly interfere with polyg- 
amy or Mormonism at all. The pacific forces are now in action 
that will make it impossible for polygamy to exist any great 
length of time."^^ 

These considerations named in the above influential journals 
of the east and the middle west — and of course these are but 
samples of many such comments from leading journals of the 
country-^ — were the potent forces that defeated the Cullom Bill 

19. The world article is copied into the Mill Stnr of Vol. XXXII p. 259. 

20. A very large nr.mber of press comments of the character of the quota- 
tions in the text above will be found in the Dcscrct A^rw.?— Weekly— for 1870, 
passim; and also in the Mill. Star for the same year, (Vol. XXXII). The quota- 
tions collected in these periodicals include many of the most influential journals of 
the United States, such as the Nezv York Sun, Times. Herald, World, Cincinnati 
Times, Springfield Republican, Missouri Republican, Cliicago Times, Chicago Tri- 
bune, N. Y. Journal of Commerce, Springfield (Mass.) Republican and others. Un- 


and other extreme legislative measures of the period, and modi- 
fied the national administration's policy with resj>ect of Utah 
affairs, far more than any influence exerted by the New Move- 
ment leaders. The Church leaders, and the Latter-day Saints 
of that period, and now also, accord some part of their deliver- 
ance—the main and efficient cause of it all, whatever secondary 
means may have been employed— to the over-ruling providences 
of God in their affairs. They saw in the wonderful change that 
came over the spirit of the press, the people and the congress 
of the United States, another fulfillment of that promise of God 
that he, from time to time, would soften the hearts of the people, 
as he did the heart of Pharaoh in the case of ancient Israel, for 
the accom.plishment of his purposes with reference to the New 
Dispensation of his Gospel in the world.^^ 

It should be noted that for some time there had been little 
or no trouble between the people of Utah and the federal officers 
of the Territory. After the Territory was rid of the meddlesome 
Governor Harding— 1863; and the equally meddlesome asso- 
ciate Judges, Chas. B. Waite and Thos. J. Drake, of the same 
period ; the succeeding federal officers contented themselves with 
the regular performance of their duties. Both Governor Doty 
and Durkee were satisfactoiy governors ; as also were the acting 
governors, secretaries Edwin Higgins, of Michigan, and S. A. 
Mann of New York, who filled the interim between the resigna- 
tion of Governor Durkee in January, 1869, and the arrival of 

der the caption "What they say about us," the Mill. Star runs an article in three 
installments at page 193, 230, 243 of Vol. XXXII, of these press comments, of 
which the following is the introductory paragraph of the first installment: "Fire 
and Sword'" seem to be the favorite arguments of bigoted parsons, small-beer poli- 
ticians, wiggling pettifoggers, and scheming speculators, but some other people evi- 
dently have a little better sense and little more regard for the public weal. While 
nearly all the American papers conclude that they do not like Mormonisrn, the 
principal of them appear to be favorable to the policy of leaving it to "religious 
and moral influences." The New York Tribune thinks, "the solution of the Mor- 
mon prolikm under these circumstances and influences cannot be long delayed." 
The New York Herald says humanity "demands the intervention of the government 
either for the peaceable abolition of Mormon polygamy, or for the quiet removal 
of the Mormon Saints to some other country." The New York Times thinks 
neither legislatures nor armies can possibly be successful in destroying Mormon- 
ism, and therefore neither should be employed. The Times is decidedly in favor 
of the moral and religious policy." And so throughout this collection of press com- 
ments, the spirit of which is reflected in the foregoing excerpts; not only under 
the special caption "What they say about Us," but throughout the volume. 

21. Sec Doc. & Cov., sec. cv., 25, 27, in connection with the comments in 
chapter XCIV of this History, both in the text and in note IQ- 


Fifth President of The Church of Jesus Christ of Latter- 
Day Saints. Born in Mantua, Portag^e county, Ohio, April 
30, 1814 


Ur^ H1ST(. 

meot IpftileiK 

L> od 


\ ; 

llOi I 

^f the capti .1 ,,VJp jn Hv 

>• anckf 




President Gr rant's appointee to the office. The judiciary offi- 
cers, John Titus of Pennsylvania, and Charles C. Wilson of Il- 
linois, chief justices in succession, covering the same period; 
and S. P. McCurdy, of Missouri, Enos D. Hoge, of Illinois, as- 
sociate justices, were also satisfactory ;22 as were also the U. S. 
Marshals Josiah Hosmer and Joseph M. Orr, in succession; and 
the District Attorneys, Hosea Stout (a Utah man, and a Mor- 
mon) and C. H. Hempstead, also in succession, and covering 
the same period were satisfactory officers. 

This brings the enumeration of the principal U. S, officials 
for Utah up to the inauguration of the Grant appointees in 
Utah. As might be expected the inauguration of the plans for 
the "reformation of Utah" which grew out of the Colfax- 
Bowles-Brassfield-Eichardson and Salt Lake ''Ring''^^ agitation, 
called for a diiferent class of U. S. officials than those referred 
to above, and accordingly a different class of men was ap- 
pointed. The Grant appointees were, for Governor, J. Wilson 
Shaffer, of Illinois, a civil war veteran and personal friend of 
Gen. John A. Rawlins, Grant's first secretary of war. Shaffer 
had served as chief on General B. F. Butler's military staff dur- 
ing the war and was regarded as a loyal and efficient officer;^"* 
Vernon H. Vaughn of Alabama was appointed secretary; and 
James B. McKean, of New York, was appointed chief justice. 
0. F. Strickland, of Michigan, and C. M. Hawley, of Illinois, 

22. Exception should be taken in the case of associate justice McCurdy who 
figured so prominently in the Brassfield "wedding," and made so loud an appeal 
for military protection from alleged threats against himself. See this Hist. Chap- 
ter CVI. 

2;^. The "Utah Ring" of this period consisted of those local anti-Mormon 
agitators who hoped to profit by the conflict they sought to create between the Mor- 
mon community and the United States. They were in larger part the lawyers who 
had flocked to Utah in hope of profitable employment during the land jumping 
period treated in a previous chapter (ch. cvi) ; some of the officers of the California 
volunteers who remained in the Territory after the volunteers were replaced by 
troops from the regular army; political adventurers who had drifted westward, and 
merchants and government contractors who hoped to profit by the aforesaid pro- 
jected conflict. These elements were represented by such characters as R. N. 
Baskin, who came from Ohio, and became U. S. district attorney by appointment 
from Judge McKean, and assistant district attorney later; O. J. Hollister U. S. 
revenue collector ; J. P. Taggart U. S. Assessor ; Dennis J. Toohy editor and some 
time partner with O. J. Hollister in the ownership of the Corinne Reporter; Frank 
Kcnyon, proprietor of the Rcviezv, an anti-Mormon paper of brief existence. 

24. The Springfield (111.) Republican, (impression of Dec. 25th, 1870) said of 
Shaffers appointment : "General Grant appoints him on the strength of personal 
knowledge of his character and experience." 


both appointed in April, 1869, were the associate justices. Judge 
McKean is said to have come to Utah ''with the prestige and 
experience of an honorable past to lend luster to his local posi- 
tion and light the pathway of duty lying before him. In the 
Empire State he was the first county judge to be elected by 
the Republican party in Saratoga county." He was sent to 
Congress from the district in which he resided, and remained 
a member of the house of representatives until after the begin- 
ning of the Civil War. *'In 1862 he resolved to take the field 
and fight for the Union," says a biographical sketch of the 
judge. ''Accordingly he raised the Seventy-seventh New York 
Volunteers, of which regiment he was chosen Colonel. He took 
an active part in the Peninsular campaign, but owing to serious 
illness, which came nigh terminating his life, was compelled to 
resign the colonelcy of his regiment. Having recovered his 
health, he practiced law in New York City, and was still pur- 
suing his profession in the metropolis when he received his ap- 
pointment as Chief Justice of Utah."^^ 

25. The above quotations are from Whitney's History of Utah, Vol. II, p. 543- 
"James B. McKean was a native of the State of Vermont, and was born in 1821. 
His father was a Methodist clergyman. Much of Judge McKean's life was spent in 
the State of New York, and when he arrived in Utah, direct from the Empire State, 
he was forty-nine years of age." Id. A biographical sketch of McKean by Mr. 
Fred Lockley, an admirer of the chief justice, will be found in TuUidge's Quarterly 
Magazine for April, 1882, (Vol. II, pp. 79-85). It appears that not only was the 
chief justiceship of Utah unsought by McKean, but he was reluctant to accept the 
position when it was tendered to him by President Grant — or was his reluctance 
assumed in order to get the pledge of military support from President Grant? 
The conspiracies of those days respecting Utah, Judge McKean's subsequent 
desperate course, and the frequent mention of using military force in Utah by 
President Grant himself, tempt one to believe that was the case. The following is 
from Lockley's biographical sketch above alluded to, let it be considered with refer- 
ence to the suggestion here made as to the reluctance of accepting the position of 
chief justice being assumed in order to force the pledge of military support. 

"He kept the matter [of his acceptance of the chief justiceship] under advise- 
ment for two months, and in August repaired to Washington to confer with the 
President on the matter. Thanking the great chieftain for this distinguished mark 
of confidence Judge McKean gave his objections to accepting the office. The laws 
were not enforced in Utah, and the federal judiciary held an anomalous position. 
'I am a man of positive character, Mr. President,' said the Judge, 'and in my endeav- 
ors to perform my duty in Utah I may become embroiled with the Mormons. No 
means exist there to execute my decrees, and thus I may stir up trouble to no 
purpose, and bring humiliation upon myself.' 

"The President listened to this reasoning with his customary immobility, and 
then he urged the acceptance of the office upon his visitor. He said he had chosen 
the Judge because of his firmness of will. He designed to have the laws enforced 
in Utah, and would send judicial officers with nerve and honesty enough to do it. 
'Go there,' he said, 'and make the laws respected. If your associates do not sustain 
you, I will choose men who will; and if civil process will not restrain lawlessness, 
I will support you with the army of the United States.' This assurance removed 


**He was appointed at the instance of Dr. Newman," accord- 
ing to the Pittsburgh, Pa., Leader, ''who openly expressed his 
desire that the Mormons should be 'rooted out,' by any and all 
means. "2*^ He succeeded Judge Charles C. Wilson who had 
been dismissed from office for too great leniency toward the 
Mormons in the matter of granting them naturalization rights,^^ 
and because he was not in harmony with the new regime inaugu- 
rated, in Utah.2^ y^ rp Patrick was appointed U. S. Marshal, 
and Geo. C. Bates of Illinois, U. S. District Attorney. 

Judge McKean's misgivings. 'Coming from a soldier,' the deceased [the Judge was 
then dead] has several times said, 'I supposed it amounted to something.' He 
accepted the position, withdrew from his business in New York, and lost no time 
in coming to Utah." 

26. Impression of March 17th, 1875, quoted in Mill. Star, Vol. XXXVIl, p. 

283. . ^ 

27. According to a Washington Correspondent of the Cincinnati Commer- 
cial, "Judge Wilson, having learned of his removal, went to Washington, and 
with congressman Hawley called on the President." According to Don Piatt, the 
aforesaid correspondent, there was a good deal of "smoke" about the visit, coming 
from the direction in which President Grant was seated. The annexed is part of 
what is said to have passed at the interview: "He would like as his friends 
would," said Hawley, "to know the ground of his removal." His Excellency said 
with evident effort, "Governor Shaffer wished it." "Why?" "Because he says 
judge Wilson is in the habit of naturalizing applicants who come in from other 
districts." Hawley looked at the Judge, and the Judge made reply: "I may have 
done so; I do not know. But if I did, it is because my district is the only one m 
which Court is held. All the law business of Utah is transacted at Salt Lake 
City. Courts are held not more frequent nor longer than one day in a year, in the 
other districts. There is no law prohibiting their coming." "But," said his Ex- 
cellency, after a long pause, "Gen. Shaffer charges that you do not put the test 
oath to the applicant." "What is that?" "As to his being a Mormon or believing 
in polygamy." coolly said the President. "I certainly have not ; I am not authorized 
by law to make any such test. The questions I have to ask are prescribed in so 
many words, and I could as well ask a man if he had ever stolen horses, or be- 
lieved in horse stealing, or refuse administering the oath because the applicant was 
not 'iound on infant baptism or second marriage. I went to Utah to administer 
the law not to make, nor, above all, to break, the law. If Judges are needed, in ac- 
cordance with Governor Shaffer's wishes, to perjure themselves by violating the 
law they have sworn tn sustain, it is well to get me out of the way." (The Com- 
mercial article is copied into the S. L. Herald, Vol. I, No. 14). The Commercial 
article was sent to Judge Wilson by Delegate Hooper, and m the letter acknowledg- 
ing receipt of same he said— "All of which is very good" (though claiming that sonie 
parts of his quoted remarks were "highlv colored,") but I do not know that it wiU 
do any damage. "J saw and heard enough while at Washington." he continues, 
"to satisfy me that Grant, Buttler, Shappet and Co. are determined to bring on a 
war with your people, not from any pure or humane motives, but simply to. if 
possibly make capital for some of those political buzzards. To all of which 1 am 
greatly and violently opposed." Letter to Hooper, June 23, 1870, Hist, of Brigham 

Young Ms., p. 1009, 1870. , , . r • , t-. . 1 ^x, 

28 "Chief Justice Wilson was removed, and his friends sought to know trie 
reason of his removal, and were answered by the 'National Executive' that 'Gen. 
Shaffer's staff must be a unit.'" ("Answers to Questions," Geo. A. Smith, pp. 
63 and 67). 


Such were the Grant appointees and with their advent the 
Utah stage was once more set for a religio-political drama— a 
renewal of the old conflict for the right of local self-government 
as against federal encroachment upon that right, a conflict with 
which Utah had been plagued from the commencement of her ex- 

After his appointment Governor Shaffer had remained in 
l\^ashington for some time hoping for the passage of the Cul- 
lom Bill by the senate which would have conferred upon him 
very extraordinary powers, by which the local Territorial gov- 
ernment would have been practically abolished; but in this the 
Governor was disappointed. Meantime, during the winter of 
1870, the Territorial legislature met and Territorial Secretary, 
S. A. Mann, acting-Governor, signed the bills that were passed. 
Secretary Mann was a very acceptable governor to the people. 
He refused absolutely to be controlled by the "ring of hungry 
agitators;" acted upon his own judgment, and united with tlie 
legislature in the passage of a number of measures beneficial to 
the Territory. Among these was the passage of a code of civil 
practice ; a general incorporations act was passed under which 
industrial and commercial companies could be organized. An 
ad valorem tax of one-half of one per centum being found more 
than necessary to sustain the expenses of the Territory, it was 
reduced to one quarter of one per centum for Territorial pur- 
poses, while the counties were authorized to increase their tax 
from one-half of one per centum to three-fourths, "under extra- 
ordinary circumstances." "This provision," says Geo. A. 
Smith, who was President of the council of the legislature that 
year— and for five previous sessions— "left ample means for all 
Territorial purposes and placed a greater portion of the re- 
sponsibility of repairing and building bridges and roads, which 
heretofore devolved upon the Territory, upon the counties, "^o 
It would seem as if special preparation was being made for the 
coming political conflict. All the Territorial expenses of the dis- 
trict courts were paid up to date, and a contingent fund of $4,- 
000 was appropriated to be expended by the Territorial marshal 

30. Answers to Questions, pp. 61-2. 


for the future expenses of those courts ; the Territorial officers 
(elected by the legislature under tlie laws of Utah, to be com- 
missioned by the Governor) Auditor, Treasurer, Probate 
Judges, Notaries-public, were elected for four years, and com- 
missioned by acting-Governor Mann.^^ The city of Corrinne 
was incorporated, embracing a tract of about 2,500 acres of land 
on the north side of Bear river. A bill was also passed and 
signed conferring the right of the elective franchise on women. 

About a year previous to this it looked for a time as if suf- 
frage would be conferred upon the women of Utah by congres- 
sional enactment. On the 27th of February, 1869, professor J. 
K. H. Wilcox appeared before Messrs. Ashly of Ohio, Cullom 
of Illinois, and Hotchkiss of Connecticut, of the house commit- 
tee on Territories, on behalf of "the Universal Franchise As- 
sociation," and advocated the passage of a bill for the extension 
of the sutf rage to the women of the Territories. It was claimed 
in the address delivered to the committee and a number of in- 
vited guests, mainly ladies, that the unequal distribution of the 
sexes in the nation, "with its attendant evils of low wages and 
lives of ill fame, would be much lessened by enfranchising the 
women of the Territories." Moreover, it was urged that grant- 
ing the franchise to women of the Territories would give themi 
greater security in person and property than existed elsewhere,. 
and this would induce the emigration of women from "the over 
crowded east." As to its effect in Utah— well, polygamy only 
existed where women were "degraded." "How then could wo- 
men be elevated?" Answer: "By giving them additional power,, 
and by this means polygamy would be destroyed. "^^ 

This suggestion "took," with some of the statemen at the 
nation's capital, and in the latter part of March the press dis- 
patches announced that Mr. Julian, a member of the house fromi 

31. Ibid, p. 62. In a letter to delepate Wm. II. Hooper the President of the 
Council of the legislature under date of Feb. 19th, 1870, said: "The Legislature- 
closed its session this morning at four o'clock. The relations, with the Govemor; 
were of the most cordial character ; he exercised the absolute power of veto in only- 
two instances; neither of the bills vetoed, were of first imiportance. * * * *» 
We have come to the conclusion that the Governor is really a Man [play on Mann]. 
And instead of being influenced by the ring— hungry agitators, he has exercised his- 
own judgment in his relations with the Legislative Assembly, and no session hae. 
gone oflf more pleasantly since Governor Young's administration: fcer.minatoji.'" 

32. Washington Chronicle February 28th, 1869. 


the State of Indiana, introduced a bill conferring the franchise 
upon the women of Utah, and seemed somewhat surprised to 
find the Utah delegate, Mr. Hooper, to be heartily in favor of 
his measure.^^'/^. The next day Mr. Pomeroy, of Kansas, in- 
troduced a similar bill in the senate of the United States. ^^ Al- 
lowing that the Deseret News represented the views of the peo- 
ple of Utah on this subject of the elective franchise being granted 
to the women of Utah, they were much elated at the prospect; 
for three editorials appeared in quick succession, urging the 
passage of these bills. So urgent in fact did these editorials rep- 
resent the people of Utah to be, and so willing was their dele- 
gate in congress to have the bill pass, that congress grew 
suspicious and lost interest in this method of "suppress- 
ing polygamy. ' '^^ The bills never came to a vote in either house 
of Congress. But what Congress refused to grant to the women 
of Utah, the legislators of the Territorj^ decided to give, and 
accordingly passed the enfranchisement bill which was signed 
by acting Governor Mann as already stated. A delegation oi' 
women from a meeting in the Fifteen Ward Society Hall waited 
upon the acting-Governor and for themselves, and in behalf of 
the women of the Territory, tendered their thanks and grateful 

325^. A Bill to Discourage Polygamy in Utah, was the title of Mr. Julian's 
Measure. On its presentation Mr. Hooper said : "That bill has a high sounding 
title. What are its provisions?" Mr. Julian replied simply a bill of one section 
providing for the enfranchisement of the women of Utah. "Mr. Julian," said the 
delegate from Utah, "I am in favor of that bill." He inquired, "Do you speak for 
your own leading men ?" Mr. Hooper replied, "I do not ; but I know of no reason 
why they should not also approve of it." 

33. See press dispatches in Deseret News — Weekly — of March 31st, 1869. 
Congressional Record — 

34. The dispatches announced Julian's bill — "A Bill to Discourage Polygamy." 
In the Editorials referred to in the text above it was said of Mr. Julian's bill : 
"The bill proposes to check polygamy in this Territory to give suffrage to the 
women. We like this suggestion. If carried out, and if it should work as its 
originators hope it will, it would be a very easy method of settling this vexed ques- 
tion, and without the fuss and trouble which have heretofore attended the various 
schemes that have been proposed for that object; but if the ladies should exercise 
the right of suffrage and yet not discourage nor break down polygamy, then mem- 
bers of Congress would, perhaps, be satisfied to let the question rest, and to cease 
troubling themselves about an institution which those who are most affected by it 
Iiold as every way preferable to the monogamic institution. * * * in either case 
the passage of the Bill might be attended with satisfactory results, and, therefore, 
as an earnest advocate of Woman's Rights, we go in for it, and say let the ladies 
of Utah have the right of suffrage." (Deseret News — Weekly — of Dec. 9th, 1869). 
About four months previous to this the News expressed itself as being in favor of 
suffrage : See Deseret News — Weekly — of Dec. 9th, 1868. 


acknowledgments for the honor conferred upon the women of 
Utah by the enfranchisement act.^^ 

Mr. Mann replying expressed the hope that the ladies would 
*'so exercise the right conferred as to approve the wisdom of 
the legislation."^*^ Acting Governor Mann was the first execu- 
tive to sign a sutfrage bill in the United States; for though 
the Wyoming bill enfranchising the women of that Territory 
became a law on the lOtli of December, 1869, more than two 
months before the Utah act was approved, the governor of that 
Territory, John A. Campbell vetoed the measure on the date 
above given ; however, it was passed over his veto, and became a 
law being '' cordially approved by the (federal) government. "^"^ 

Grovernor Shaffer at Washington viewed the course of acting 
Governor Mann both in commissioning the officers elected by 
the legislature and signing the woman suffrage bill with grow- 
ing irritation. To delegate Hooper he declared his intention to 
telegraph the acting governor to veto it ; but this was not done, 
doubtless recognizing the futility of such an act if Mann was 
determined in the matter.^® 

35. The names of the delegation were as follows : Eliza R. Snow, Bathsheba 
W. Smith, Sarah M. Kimball, Margaret T. Smoot, Harriet C. Young, Zina D. 
Young, Mary Q. Home, Marinda N. Hyde, Phebe C. Woodruff, Elizabeth H. Can- 
non, Rachel I. Grant, Amanda Smith, Amelia F. Young, Prescendia H. Kimball. 
{Deserct Ncivs — Weekly— of March 2, 1870. 

36. Ibid. Of the meeting of the delegation of women with the acting Gover- 
nor Geo A. Smith wrote delegate Hooper that "the ladies said they thought the 
Governor was about as much embarrassed as they were" (Letter to Hooper, Feb. 
19th, 1870, Hist. Brigham Young Ms. 1870, p. 310). ]\Jann doubted the wisdom of 
granting the suffrage to women but signed the bill in deference to the unanimous 
vote of both branches of the legislature on the subject. See official communication 
to Orson Pratt, Speaker of the House, Deserct News — Weekly — of Feb. 16, 1870. 
Commenting upon the probable effect of suffrage on polygamy in Utah, and on Utah 
affairs generally, the News said editorially : "As for ourselves, we have no doubt as 
to the result, and are satisfied that it will strengthen the cause of Zion, polygamy in- 
cluded. . . . On the plural marriage question we are as firmly convinced as 
we are of our own existence that were its continuance or abolition put to the vote 
of the female portion of our population today, it would be sustained by a nine-tenths 
majority; and upon this score, which has enlisted the mock sympathy of so many, 
no disadvantage to Zion's cause will ensue. In every other way it cannot but re- 
sult also in good. The New York Globe, of the 14th of February, said : "A morning 
dispatch informs us that the women of Utah vote today, since female suffrage has 
become a law in that Territory. . . . That the women of Utah will to-day vote 
to abolish polygamy, we do not expect. They are as much in favor of that system 
as the men It is wrong to expect this of the women of Utah, and it will be unfair 
to call female suffrage a failure if they do refuse to abolish polygamy." 

37. Bancroft's Hist, of Wyoming, p. 747; Whitney's Hist, of Utah, Vol. II, 
p. 403, note, also Editorial in Deseret News of Feb. 16, 1870. 

38. Tullidge's Hist. Salt Lake City, p. 480. Tullidge represents that Shaffer 
did not send this intended telegram because delegate Hooper treated as a hoax the 


Governor Shaffer arrived in Salt Lake City on the 20th of 
March. It is not too much to say that he came pre- 
possessed with great prejudice both against the people of 
Utah and the Latter-day Saint Church leaders. The large influ- 
ence of President Brigham Young was a constant source of an- 
noyance to the governors and other U. S. officials in Utah. It 
entered into common parlance that ''so and so was governor of 
the Territory, but Brigham Young was governor of the people." 
"Never after me, by G— d! shall it be said," boasted Shaffer, 
on receiving his appointment, ' ' that Brigham Young is governor 
of Utah;"^^ and he came determined to make this assertion 

On arriving in Utah he was surrounded by a horde of hungry 
office seekers, disappointed by the failure of the Cullom bill 
which would have placed nearly all the offices of the Territory 
within the gift of the governor,"*^ and supplied them with the 
much needed occupation to keep body and soul together. "The 
Governor took quarters at the boarding house of William H. 
McKay, of whom he spoke "as an old friend," says Geo. A. 
Smith; and McKay's "boarding house became the headquar- 
ters of the 'Ring' duriug a great part of Shaffer's brief adminis- 
tration; and this hungry horde surrounded his Excellency so 
continuously that it was weeks before an 'old citizen' could get 
an audience ; and even then it was at a place, in company, and 
under circumstances not calculated to give his Excellency any 

press dispatch telling of the passage of the bill by the Utah legislature. That 
would put delegate Hooper in the attitude of deceiving the appointed governor and 
represents Shaffer as being altogether too credulous. The law made the secretary 
of the Territory acting-governor, in the absence of the governor, and the absent 
governor could not effectively govern by telegraph. Shaffer was helpless in the 
matter if Mann was determined, hence the uselessness of telegraphing. 

39. Hist, of Salt Lake City, Tullidge — p. 480. 

40. Under the Cullom bill as it passed the house the U. S. Marshal was au- 
thorized to appoint a deputy in each of the judicial districts; the U. S. district at- 
torney was authorized to appoint an assistant in each of said di.stricts ; the governor 
was mad; inspector of the jails and other prisons of tlie Territory, to make rules 
for them, remove the wardens and keepers, and appoint others, "as often as, in his 
opinion, the public good shall require :" also by section 23 the Governor was au- 
thorized to appoint all probate judges, justices of the peace, judges of all elec- 
tions, notaries public ; all sheriffs in said Territory were to be appointed by the 
Governor and were subject to removal by him. (See Cullom Bill as it passed the 
house, in Descret Sews — Weekly — of March 30th, 1870). In view of the proposi- 
tion to throw all the appointments into the hands of the Governor, the number of 
expectant anti-Mormon men who had flocked to Utah was considerable. 


correct understanding or appreciation of the actual condition, 
wants, and situation of the people he had come to govern. "^^ 

The Governor attended the annual conference of the Church, 
held that year from the 5th to the 9th of May.*- His Excellency 
had received a formal invitation from President Young to attend 
and he was present on the stand at one of the meetings, and in- 
vited to address the people, but declined the honor.*^ 

This conference was notable for two things : the large attend- 
ance upon its sessions— it was estimated that 13,000 were pres- 
ent on Sunday the 7th; and for the absence of any criticism or 
comments upon the threatening attitude of the administration. 
''A spirit of serene calmness, of implicit faith in God was man- 
ifest in all the utterances from the stand. Our people have been 
often threatened," was the New's comment upon the conference 
and of the likelihood of disagreeable occurrences happening, 
*'but at no previous time has there been so universal feeling of 

41. Answer to Questions p. 62. Also Dcseret Neu's of Nov 2nd where it 
is said: "Since his (Gov. Shaffer's) sojourn in our midst he has kept himself 
aloof, almost entirely, from the people, he being seldom seen in public on any oc- 
casion. The Nczvs also says that this was largely due to the Governor's state of 
ill health. The Governor was most unfortunate in the selection of his headquar- 
ters ; that this is true, and that the comments of Mr. Smith on the Governor's 
course and surroundings are just, it is only necessary to show that the place was 
headquarters of a set of highway robbers, of whom the proprietor of the "boarding 
house" was chief. On the night of the 23rd of October, 1870, the stage coach from 
Pioche Nevada, was robbed about four miles north of Chicken Creek (between 
Lavan and Nephi) in Juab county. The treasury box of Wells Fargo & Co., was 
broken open and emptied, the registered mail sack taken and the passengers robbed 
of about $1,500. Three men perpetrated the daring robbery. The matter being 
reported at Nephi the sheriff of Juab county, Mr. Cazier, organized a posse and 
the day following the robbery captured the perpetrators of it, who turned out to be 
William H. McKay, late proprietor of the "Revere House," where the Governor 
made his head quarters ; one St. Ledger, "a man about town," in Salt Lake City ; 
and one Heath, formerly a U. S. Soldier. The money taken by the robbers was 
all recovered. (Deserct News — Weekly — Nov. 2nd, 1870). The Robbers were 
turned over to the U. S. officials. St. Ledger turned State's evidence, and was 
released; Heath escaped, and McKay was tried in the U. S. Court, convicted and 
sentenced to five years' imprisonment. This was the first mail coach robbery that 
occurred in the Territory. (Geo. A. Smith's "Answer to Questions," p. 63). 
The incident is described in the New York World by one of the victims of the 
robbers, who gives high praise to the Mormon officers who captured the outlaws 
and recovered the booty. (See Mill Star, Vol. XXII pp. 3-6). 

42. The annual conference met in the Tabernacle, in Salt Lake City on the 
6th of April, but after one session adjourned until the 5th of May. This action \yas 
taken owing to the gallery, then in course of erection in the Tabernacle, not being 
completed, and the absence of President Young in the southern settlements. 

43. Letter of Geo. A. Smith to Hon. J. S. Harris, under date of May 8th, 
1870. Hist. Brigham Young, Ms. for 1870, pp. 834-5. 


indifference respecting the machinations of the wicked as pre- 
vails now in this community.** 

Soon after Governor Shaffer arrived in Utah, the question of 
commissioning some of the officers elected by the legislature 
previous to his arrival came up and he refused to commission, 
them. Whereupon threats were made of suing out a writ of 
mandamus to force his action. Shaffer asked chief justice Wil- 
son if he would issue such a writ. ''Certainly" said the justice, 
'4f a case were made out" "Well, now," exclaimed the Gov- 
ernor, ' ' I like that ! I am sent here to regulate things and I am 
to be controlled by a judge." "I beg pardon. Governor," an- 
swered Justice Wilson, "it strikes me you are to be controlled 
by law."^"' The Governor also undertook to prescribe the dut- 
ies of the probate judges. "I instructed them," said chief justice 
Wilson, "to disregard his rules and consult the law as to their 
duties. Whereupon he swore to remove me, and removed I 
am."*^ The removal of Wilson occurred in July. This made 
way for the appointment of Judge James B. McKean. About 
the same time— July— the secretary of the Territory Mr. S. A. 
Mann was removed and was succeeded by the appointment of 
Vernon H. Vaughn.*^ 

The one event which more than all others made Shaffer's brief 
administration memorable occurred on the 15th of September. 
The Utah militia, under the title of the "Nauvoo Legion," for 
eighteen years, ever since its reorganization by the Utah legis- 
lature by an act approved March 6th, 1852*8— had ^let in annual 

44. See Dcscrct News of May nth, 1870, editorial, p. 162. The minutes of 
the conference are published m the same impression. , . r t 

45. The incident and dialogue is published in the Salt Lake Herald ot June 

21 St 1870. , •' I J 7-.^ 

46 ihid. "What is his [Shaffer's] purpose, do you suppose, asked Uon 
Piatt of the Cincinnati Commercial: "To provoke a collision between the United 
States officials and the Mormons so as to justify a call of troops and force on a 

^"'''^47 It appears that a Mr. Crowe was appointed to be Utah's Secretary, but he 
Jied the day followir.g his appointment, and Mr Vaughn was the next nominee.. 
Delegate Hooper speaks of "Secretary Crowe" as a "galvanized rebell. He served 
as a colonel in the confederate army; but congress had rcmo%ed his political disa- 
bilities. (See Letter of Delegate Hooper to Geo. A. Smith, in Hist, of Brigham 

""48' 'of 'course a military organization existed in Utah before 1852, from 1849 
in fact; and afterwards, the provisional state of Dr.J.-rc^/ directed the organization 
of the "Nauvoo Legion" according to plans reported by Daniel H Wells and 
Charles C. Rich. (See this History ch. LXXIX) But the act of 1852, was the-, 
organization effected under the authority of the Territory ot Utah. 


musters ; and in accordance with this custom Lieutenant General 
Daniel H. Wells, 16th of August, 1870, issued the usual order for 
a three days' muster ''for the purposes of drill, inspection and 
camp duty.^^ A month later, namely, on the 15th of September, 
Governor Shaffer, arbitrarily setting aside the Territorial law 
governing the election of the Lieutenant General of the Utah 
militia, and falsely citing the laws of the United States as au- 
thority for his action, appointed and commissioned P. E. Con- 
nor, Major General of the militia of Utah Territory, and Wm. 
Johns, Colonel, and Ass. adjutant-general.^^ On the same date 
he issued a second proclamation forbidding and prohibiting ' ' all 
musters, drills, or gatherings of the militia, and all gatherings 
of any nature, kind or description of armed persons within the 
Territory of Utah," except upon his orders, or by the orders of 
the U. S. Marshal, should he need a posse commitatus to execute 
any order of the court, "and not otherwise." Also ordering 
that a]l arras, or munitions of war belonging to either the United 
States or the Territory of Utah, now in possession of the Utah 
militia be delivered to *'Col. Wm. M. Johns, Ass. Adjt. General ; 
and should the U. S. marshal need a posse commitatus to enforce 
any order, he must make the requisition of '*Gen. P. E. Con- 
nor, who by this proclamation has authorized to call out the mi- 
litia for said purposes, and not otherwise. ^^ 

On the 20th of October General Wells addressed a communi- 
cation to Governor Shaffer, referring to his proclamation, and 
calling attention to the fact that neither the terms of his proc- 
lamation," "nor the laws of the Territory-, nor the laws of con- 
gress, requiring reports of the force and condition of the militia 
of the Territories, could be complied with, and therefore respect- 
fully asked for and in behalf of the militia of said Territory that 
the Governor suspend the operation of his proclamation until 
the 20th day of November. To this suggestion the governor 
made a very caustic reply, not only denying the recjuest, but 
manifesting the bitterness of his hatred for the Mormon Churcli 
leaders, altogether out of place in an official document. A few 

49. The order complete will he found in Dcserrt News — Weekly — for August 
31st, 1870. 

50. For the proclamation in full, pee Salt Lake Herald of Sept. 17th, 1870. 

51. Ibid, for the Proclamation in full. 


hours after the reply to his letter had been received by Gen- 
eral Wells, the entire correspondence was in print. Which 
makes it clear that the answer was made especially with the view 
of its publication, and for the effect that it would have on pub- 
lic opinion outside the Territory — it was written for consump- 
tion "abroad." The closing paragraph of the Governors let- 
ter expressed the hope that what he had written would be ''suf- 
ficiently explicit to be fully understood, and supercede the neces- 
sity of any further communication on the subject." But here 
Governor Shaffer demonstrated the fact that he did not under- 
stand the character or capacity of the man with whom he was 
dealing. Further direct personal communication with Governor 
Shaffer was of course ended by the latter 's request that it be so ; 
but there was left to General Wells an appeal to the same court 
that Governor Shaffer himself had appealed to by the publica- 
tion of the entire correspondence, viz., the court of public opin- 
ion ; and to that court General Wells addressed himself in a very 
effective open letter to the Governor. As the correspondence 
marks in effect the end of the "Nauvoo Legion," and since 
said Legion has been so conspicuous at various times in the his- 
tory of the Church of the Latter-Saints, it is only proper that 
the main points of it be summarized. 

Summary Governor Shaffer's Letter 

1. The Governor notes that Wells signs himself "Lieu- 
tenant General, commanding the militia of Utah Territory;" 
and as the law of the U. S. provides for but one Lieut.-General, 
and as the incumbent of that office is "The distinguished Philip 
H. Sheridan," the Governor thinks— sarcastically— "that he will 
be pardoned for recognizing no other." 

2. In Gen. Wells' communication the Governor had been ad- 
dressed as "commander-in-chief of the militia of Utah Terri- 
tory." This, the Governor claimed, was the first instance in 
twenty years— ever since the organization of the militia by Ter- 
ritorial enactment— that either General Wells or any of his 
* ' predecessors in the pretended office, ' ' had recognized the Gov- 
ernor to be, as the organic act makes him, the commander-in- 


chief, etc. ''I congratulate you," said the governor— agaiu 
sarcastically— "and the loyal people here, and elsewhere, on the 
significant change in your conduct." 

3. By asking for the suspension of the operation of his proc- 
lamation. General Wells had virtually asked the Governor to 
recognize "an unlawful military system, which was originally 
organized in Nauvoo, in the state of Illinois, and which has ex- 
isted here without authority of the United States, and in defiance 
of the federal officials. ' ' 

4. The request to suspend the Governor's proclamation for- 
bidding the muster, drills, and inspection of the militia, permit- 
ting in the meantime the ordered annual muster to take place, 
in order to comply with certain laws of congress and of the Ter- 
ritory, was to present the absurdity that the Governor's procla- 
mation could not be carried out unless he permitted the general 
to violate it. 

5. "Mr. Wells" knew as well as the Governor did that the 
people of the Territory had been taught to regard "certain pri- 
vate citizens in Utah as superior in authority, not only to the 
Federal officials here, but also at Washington." Ever since the 
Governor's proclamation forbidding the muster, "Brigham 
Young, who claims to be and is called 'President,'^- on a public 
occasion and in the presence of thousands of his followers— "de- 
nounced the federal officials of the Territory with bitter vehem- 
ence; while another prominent Church leader, on a like occa- 
sion and in the presence of Brigham l^ouug, had questioned the 
right of the existence of the whole Territorial system, called it 
a relic of colonial barbarism, and had said that none of the fed- 
eral officials had any right to come to or remain in Utah. 

6. "Mr. Wells" in effect asked the governor to aid him and 
his "turbulent associates" to convince their following that "Mr. 
Wells" and his associates were "more powerful than the fed- 
eral government." The Governor must "decline." To suspend 

52. If there were no other evidence that this letter was written not only to 
influence but to mislead the public mind out side of Utah, this inferred use of 
Brigham' Young's official title in the Church— "President" Brigham Young, or 
"Brigham Young, President of the Church of Jesus Christ of Latter-day Samts, 
would be proof sufficient; for the above use of it by Gov. Shaffer is nieaningless 
if he does not imply that the office of "President" means an usurpation of civil 


the operation of his proclamation would be a greater deriliction 
of duty than not to have issued it. Without authority from the 
Governor "Mr. Wells" in his "assumed capacity" of Lieuten- 
ant-General had called the militia to muster, and now virtually 
asked the governor to ratify the action. "Sir," said he, I will 
not do any thing in satisfaction of your officious and unwarrant- 
ed assumption. By the provisions of the Organic act, the Go^'- 
emor is made the commander-in-chief of the militia of the Terri- 
tory, " and so long as he (Shaffer) held that office "a force so 
important as that of the militia shall not be wielded or controlled 
m disregard of his authority, "which by law, and by my obliga- 
tion, it is my plain duty not only to assert, but, if possible, to 

General Well's Answer to Governor Shaffer 

1. On the question raised by Governor Shaffer that the laws 
of the U. S. provide but for one Lieutenant-General ; that Gen- 
eral Sheridan fills that position; that Shaffer will recognize no 
other — Wells answered that the same law of congress which 
provides for but one I.,ieutenant-General provides for five major 
Generals. Must we therefore conclude there shall be no major 
generals of militia in the states or Territories? The same law 
provides that there should be eight brigadier-generals, are we 
therefore to conclude that there are to be no brigadier generals 
in the militia of the states and Territories? An act of congress 
approved July 28th, 1866, limiting the number of certain officers 
in the army, directed that there should be no new ap})ointments 
in the adjutant-general's department; if these laws respecting 
officers in the regular army are to be made applicable to militia 
officers in the Territories, how will the Governor reconcile this 
with his recent appointment of W. M. Johns as assistant adju- 
tant general in the militia of Utah? Another law of congress 
passed in 1844 (section 2) provides that all general officers of 
militia "in the Territories shall be elected by the ])eople, in 
such mannor as the respective legislatures thereof shall pro- 
vide." Tlic Utah legislature of 1857, liad ])rovided by law that 
"the lieutenant-general of the Utah Militia shall be elected by 


the people "^^ and Daniel Wells had been so elected — then how 
could Governor Shaffer appoint P. E. Connor to be Major 
Oeneral of the Utah militia without a violation of both the law 
of congress— for which his Excellency seems to have such re- 
spect"— and the law of the Territory? 

2. Answering to the charge that General Wells and his "pre- 
decessors in the pretended office" of Lieutenant-General had 
now for the first time recognized the Governor of the Territory 
as ' ' commander-in-chief of the Utah militia, ' ' the General inform- 
ed the Governor first that he had held the office from the time it 
had been created by the Utah legislature in 1852 ; that he there- 
fore had no "predecessors." It would not be denied that he 
recognized Brigham Young as commander-in-chief of the mili- 
tia of the Territory, also Alfred Gumming and his successors 
"up to the present time," for which fact— except only in the 
case of Governor Dawson, who had remained in the Territory 
but thirty days — he had abundance of documentary evidence, 
and he produces documents from Governor Frank Fuller, and 
Governor H. 8. Harding, in which such recognition had been 

3. Relative to the charge that the Utah militia was an unlaw- 
ful military system imported from Illinois, etc., General Weils 
pointed out that it had been created by legislative enactments 
under authority granted to the Territorial legislature by Con- 
gress; and even if, as a system, it liad been "transported" from 
Illinois "can no good thing come out of Illinois ?"^*^ Or is it such 
a crime to copy after anything emanating from that distin- 
guished state? 

4. Relative to the request for the suspension of the Governor's 
proclamation until the 20th of November it had been made not 
to nullify the proclamation or the law, but that the fall musters 
might be completed— "they having been held in some of the dis- 

55. Sec "Laws of Utah"— from 185 1 to 1857— published iSjo, chapter 
CXXXVII, p. 190. Previous to this, tlic Lieutenant General had been "elected l)> 
a majority of votes given of the commission.ed ofiicers of said Legion, and com- 
missioned' by the Governor," (See Act approved Feb. 5th, 1852), "Acts Resolutions" 
etc., of the legislative Assembly of Utah, 1852, p. 144). General Wells had been 
elect'.'d Lieutenant General under this law, as well as later under the law requiring 
that such officer l)e elected by the people. 

56. When it is remembered that Gov, Shafftr himself was from lihnois the 
question receives additional point. 


tricts"— in order that the request of the War Department made 
through the Adjt. General's office at Washington, D. C, for 
the annual return of the militia of Utah Territory, might be com- 
plied with. How this could be construed into an attempt to 
nullify the laws of Congress, escapes the General's penetration. 
That there is any conflict between the laws of the Teriitory and 
the laws of congress in this matter is incapable of proof. 

5. As to the public meetings, and the utterances there made, 
General Wells could only say that public officers, *' federal of- 
ficials" included, are supposed to be public servants, so far as 
their official acts are concerned, and subject to the scrutiny of 
the people. Every one under our government has the right to 
free speech, and to express his opinions concerning the acts of 
public officers— a right indulged in by all parties. ^'^ 

6. Relative to the Governor's practical assertion that there 
should be no militia in Utah, only such as he should approve, 
General Wells made answer: "I am of the opinion that the 
people of the Territory, according to the Constitution, have the 
right to bear arms— that the Legislative Assembly had the right 
to organize the militia— that Congress had the right to declare 
that the general officers should be elected by the people in such 
a manner as the respective legislators of the states and Terri- 
tories may provide by law; that the Governors of the states 
and Territories are the commanders-in-chief of the militia, the 
same as the President of the United States is commander-in- 
chief of the armies and navies of the United States, with gener- 
als and admirals under him commanding; that the military or- 
ganization of our Territory follows that of the federal govern- 
ment more closely, perhaps, than that of any other Territory 
or state in the Union; and that governors and commanders-in- 
chief are as much the creatures of law as any other officers, and 

5/. It was a strange attitude of mind on the part of Governor Shaffer that 
inade criticism of federal-officials, and questioninc: the Americanism of the Terri- 
torial system, an offense ; and reveals the effect of the Governor's military train- 
mg under Gen. Buttler at New Orleans. Commenting on the course of the Gov- 
ernor in this militia matter the Elko hidr^cndcnt remarked : "Governor Shaffer 
served on Ben Puttier's staff in the south and srrms to imagine he is yet in New 
Orleans." (Copied into Salt Lake Herald, of Sept. 23rd, 1870). 


while they exerc-ise a hi^lier jurisdiction, they are as amenable 
to law as the humblest officer or citizen."''** 

As already stilted the action of Governor ShatYer practically 
ended the existence of the "Nauvoo Legion;" yet a lew other 
items followed in connection with it that are of historical inter- 
est. Under date of TJth of November Daniel H. Wells — still in 
his cajtacity of Lieutenant-Cicncral, and ignoring the appoint- 
ments made hy (Jov. Shaffer (liy then deceased) — issued general 
orders No. '2. stating that so far as the general musters in vari- 
ous military districts lia«l not already been held, as coutemi)lated 
in general orders No. 1, of August lOth — "they are hereby })ost- 
poned until further orders." Aii<l that was the tiiial (trder given 
to the Legion by its Lieutenant-CJeneral ; but congress seven 
years later d( termined that it should also cease to exist by law, 
and accordingly seventeen years later, in section 'J7 o]^ what is 
kiiDwn as the "Edmunds Tucker Law," declare*! "that all laws 
passed by the so-called state of Deseret, and ).y the legislative 
ass<'iiibly of the Territory of Utah for the organization o\' the 
militia thereof, or the creation of the Nauvoo Legion, arc hereby 
annulled and d(M-!ai-e(l of no elTect. "''*'— And so the "Nauvoo 
Legion" ceased to exist in law as in fact. At the time it went 
out of existence it numhered aliout IM.Odii men. most of whom 
were ctTicicntly armed, drilled, and e<juipped, a^ rc'|uired by 
law. ( )f oflii-er^ lic^ide it- Lieutenant (Jeiit ral. tlx-rc were two 
major-generals, nine brigadier-generals, and twenty five Col- 
onels with their resjK'ctive statTs. 

Their annual mu>>ter^. drills and in-jteclion had i(»nli?iued 
through eighteen year'', and reports and returns inad«' to the 
autlioiitiev .it W'asliington as re<|uire<i hy tlu' n<t ot' congresp, 
approved March L'L'nd, iso.'!. '{'he li^'trion liad Keen organized 
at Nauvoo ax an "independent hody" of the state militia of 
Illinois, under piovisioiis in the .\anvoo cliarter. the puipose 

58. The corrc>iX)n<lciicr in ftlrnso will be foiin<l in Ihsfrfl Sfxvs — Weekly — 
for the ;:inl of Nov. 1H70. aUi in MHi Star, VA. XXXII, pp. 75.VS : an«i 771-77J. 

5Q. See Compilril* of rt.nh. 1KS7, pn loH !.•«; This conKrr-sion.Tl en- 
ariment JieciMne I.nw without ilir approval of I rr»iilriii ("Irvriancl The ^^xv.:iu\7a- 
tion of the militia for the Trrritorv aiilhori/eit by the l'<lniinu|v rmkrr I iw. which 

froNKJrd that all the urneral of^cert of the militia ohonM Ik- appoinin! hy the 
jovernor hy and with the cjfjscnl of the council uf the legislature, was never 
ptii into effect. 


being to provide a means for the Latter-day Saints to perform 
such military duties as the law of the state required in a body 
made up principally of their own people, and also to place under 
the direction of the Mayor of Nauvoo— for the ordinance passed 
under the grant of power in the Nauvoo charter placed the 
Legion at the disposal of the Mayor of Nauvoo as well as of the 
governor of the state— an efficient force to protect the city 
against the constant threats of invasion from Missouri.^*^ 

Necessarily the Legion was under suspension during the years 
of the exodus from Illinois and the journe}^ across the plains 
and mountains to Salt Lake valley; but the settlements effected 
in that and adjacent valleys, and in the midst of strong tribes of 
Indians, the need of a military organization was soon felt and 
naturally the Legion as it existed in Nauvoo constituted the 
frame work of the western organization. This by legislative en- 
actment by the provisional state of Deseret; and, as previously 
detailed, under the authority of that state the Legion conducted 
three successful expeditions against the Indians; and later in 
the Territorial days was a constant means of protection against 
Indian depredations, its readiness and efficiency being the guar- 
antee of peace to the Mormon settlements— western outposts of 
American civilization. In the troubled years of 1857-8, the Le- 
gion had successfully halted the approaching army of the United 
States, until the country could take the second, sober thought 
respecting Utah affairs, and settle by a peace commission what 
the government had undertaken to settle by an armed expedi- 
tion. In the southern Indian wars in the years 1865-6-7— the Le- 
gion rendered both the Territory of Utah and the United States 
efficient services; for while United States troops in sufficient 
force to suppress the hostile Indians were stationed at Camp 
Douglas, within two miles of Salt Lake City, and both the In- 
dian agents and the non-Mormon governor of the Territory pe- 
titioned tlie L^. S. army authorities for the service, they were un- 
feeliiiirly told that tlio Territorial militia — the Nauvoo Legion- 
must be dei)ended upon to make the Indians behave. The result 
was that through three years the Nauvoo Legion conducted cam- 
paigns against hostile Indians and preserved the southern set- 

60. See this History ch. XXXVII. 


tlements of Utah from destruction, at a cost of more than one 
million five hundred dollars, for which tlie Territory was never 
reimbursed. '^^ All-in-all the Latter-day Saints have tlie right 
to be proud of their Nauvoo Legion, it rendered high and effi- 
cient ser\'ice to tlicni as a eonununity at crucial ])eriods of their 
history, and really deserved a better fate than befell it— oblitera- 
tion by unlawful extvutive action, sui)i)Ieniented by congression- 
al action, questionable in its justice. But suKsctjuent events have 
proven that the need of a militia body for the sj)ecial protection 
of Latter-(hiy Saint conuiuinitics. either from hostile Indian 
tribes or threatening, sectarian mobs, no longer existed, and so 
it was fitting that it should pass away, even if its obse([uies were 
not all that (•(mid have l)een desired. "- 

The next event in Governor Shaffer's administration follow- 
ing this militia incident is what is known as the " Provo Hiots." 
Carrying out the plans formulated at Washington for the sup- 
pression of ''Mormon infiuence" in Ttah, an additional mili- 
tary encamjunent was made near Provo, known as Camp Raw- 
lins, nanu^d after the late secretary of war in the (I rant Cabinet. 
On the night of the 22nd of Sei)tembei-. a pait_\ of about 
forty soldiers between the hours of twcU-e and two o'clock in 
the night made a raid uj)on the city of Provo. Befoie the riot 
could be stayeil they l)roke into tlie residence of city alderman, 
"William Miller, firiiig several shots into his bed i(»om, smashed 
in <looi- and windows and took him joisoiicr. They hidkc in 
the doors and wiinlows and tore (h)wn the signs of some of the 
store'' (in the principal bnsiiu'ss street of the town. Tln-y sur- 
r<junde<l the resi(h'nce of city councilman A. F. M(d>onald. who 
was abseFit I'i'om home, and (h-molishcd c\ ci-y outride dooi- and 
window of the first liooi'. sacked the house, si*attering the I'uini 
ture and bedding over tin* yanls and sich'walks. Aldeiinan 1^. 
V. Sheets house ns-eived about the same treatnuMit. and an etldrt 
was made t(t bniii the < 'hui'-h liou^e in the central jiortion o|' the 
town. "The raidei's." .-aid Mavor .\ . ( ). Smoot 's telegiaplii(* 

61. Sec thi» Hist. C\\ C\' 

fu Tlir History <>f tlir N.iiUfM) I.c^ion Is wriltrn in Mct.iil l>v Major Rii-h;ir<l 
W. YouiiK. Kratlii.itr of West I'niiil .iml some tiinr on tlir st.ifT of (inirral VV. S. 
Hanrock at ariinn JiidKr .'\«lv<>c.ilc His history of the I.^ni-in conoisls of a >crial 
of twelve iiiiinl)crs in Vht' C'l'Mtributor — iHKK— VdI IX 


report to the Salt Lake press, ''were armed with U. S. needle 
guns, with bayonets and revolvers, and during their career they 
captured several citizens, parading them through tlie streets, 
some of whom were severely beaten and bayoneted before they 
could make their escape. "^^ The rioters were quelled by the 
assembling of a number of the citizens and the firing of a few 
shots, after which the soldiers fled in the direction of camp 

There was no justification for this procedure on the part 
of the rioters except refusal of alderman Miller to rent to 
the soldiers a hall for the purpose of holding a party; 
that some of the bishops of Provo had counseled their young 
men and young women not to associate with the soldiers of the 
camp; also that councilmen A. F. McDonald had refused to sell 
them whiskey.^^ The spirit of the affair may be judged by the 
shouting and declarations made in the progress of the riot, pre- 
served in the depositions of the citizens made at the time before 
the proper authorities. The rioters swore "they would use up 
the four 'white houses'— ti^;. McDonald's, Sheets, Mayor 
Smoots, and Brigham Young's"; that they had come "to run 
this town"— Provo. "They shouted as they went along tlie 
streets 'come out you G— d d — d Mormons and Mountain Mea- 
dow Massacre-ers," and further using indecent language and 
threatening to kill the Mormons and take their women from 
them.^' "They said the Mormons had run this Territory long 
enough, that they (the Mormons) had not got volunteers in tlie 
Territory now, but had Uncle Sam's men, who were going to 
run this town as they G— d d— d pleased. This had been Utah 
Territory-, but now it was Uncle Sam's Territory, and they 
were going to run it as they had men to back them."^^ There 
was some shooting in the street by the soldiers, and one of their 
number by the name of Haws, during the evening, was shot in 
the shoulder. 

63. Salt Lake Herald of Sept. 24th, 1870. also Mill. Star, Vol. XXXII, pp. 

64 Affidavit of Alderman William Miller Deseret A'^U'J— Weekly — of Sep- 
tember 28 and Oct. 5th, 1870. All the affidavits covering this event, — sixteen in all 
— will be fonnd in the same impressions of the News; also in Mill. Star, Vol. 

XXXTT Rpcinnincr :\t n fd^i rt tpn 


Prompt aetiou was taken by the miliUiry aiitlioiitie> at Camp 
Kawiiiis and Camp Doui^Has and from the liead(iuarters of the 
Platte in making an investigation of the riots. Major Osl)orue, 
in command at Camj) Kawlins, promptly expressed regret for 
the occurrence to Mayor Smoot.**' In the early morning follow- 
ing the night •)f the riot one of the per[>etrators was in the hands 
of the City marshal, and several others on the same day were 
prisoners in the camp, "sul)ject to any demand of the civil 
authorities." Indeed on the L'4th. Ma.joi- ( )-l)orne oft'ered to 
turn over to the civil authorities all of the [)risoners then in cus- 
tody at the camp, l)ut this olVer was declined — for reasons to be 
stated later — and tlie party held by the city marshal was turned 
over to the militaiy authorities for safe keeping. 

As soon as the news of the riot was received at Salt Lake 
City, Gen. R. De Trobriand at once telegraphed it to (leneral 
Argur, conunanding the Department of the I^latte, witli the mem- 
orandum that as Canii> K'awlins was not un<ler his (Trobri- 
and Vs) command he could only forward the dispatch as re- 
ceived. The next evening (len. Trobriand was ordered from de- 
partment headquarters to jiroceed to Provo to conihict an inves- 
tigation of the di-'turbance, 'i'his order wa> piomptly complietl 
with and t)n the evening: of the lifjth of SeptemlHT th* (leneral 
had confereu<"es with both Major Osborne and leading citizens 
of Provo, and continued for a day or two a concurrent investi- 
gation with Mayoi- Smoot and otht-r ci\i| authorit ie«« ; and aNo 
conducted a court martial iiKpiiry at ('amp Kawlins. ()n the 
li(jtli (leneral Trobriand renewed the olTer of Major ()sborne to 
turn over tlie men implii-ated in the riot to the ci\ il authorities 
t^tr trial and punishment ; but this otVei- wa>> again de.-linrd for 
tlie reason tiiat a recent ruling by one of tlie I'nited States 
.Jiulges for I'tali had witiidrawn crimiiwd cases fn»m tlu' juris- 
di(rtion of the probat** cnuits; and should the city of Provo or 
Utah county take charge of the jtrisoinTs, they would doul)th»8'< 
he immediately release*! on a writ «>f hahtas cat pus by the C S. 
(liHtriet court, so that an attempt to punish the rioters l»y thi» 

67 .'^m'M>t'« (ii«patch to thr .Salt l-akr prc%«. ijcl of Sq)t . A/i7/ Sljr. Vol 
XXXII, p Mj 


civil jurisdiction would be merely a farcical proceeding under the 
judicial regime then prevailing in Utah.^'* 

The Provo incident resulted in a sharp exchange of letters 
between Governor Shaffer and General R. De Trobriand, com- 
manding at Camp Douglas. After five days had passed from 
the time of the rioting, Governor Shalfer addressed a letter 
to General De Trobriand which was published in the Deseret 
Evening News, on the very day that the General returned 
from his Provo investigations, and which he saw for the 
first time when it appeared in the aforesaid paper. The Gov- 
ernor announced that so far as he could learn no action had 
been taken on the part of the military to punish the soldiers, 
nor any report made public by the officers in command stating 
all the facts. The Governor had waited these five days in the 
hope that General De Trobriand would take such action 
in the premises as would convince the citizens that the 
soldiery was stationed at Provo "to protect and not de- 
stroy." Not hearing from the military authorities on this 
subject, and "feeling that the outrage was one that should 
be followed by swift and certain punishment," he now de- 
manded that all the offenders be given up to the civil authori- 
ties that he might see that they are properly tried and if con- 
victed punished. The Governor thus insisted because "much 
feeling exists in this community against the federal oificers and 

68. Nor is this merely the current prejudiced Mormon view of the matttn. 
General De Trobriand in his correspondence with Governor Shaffer to be referred 
to in the text, presently, mentions the matter and strongly intimates his belief 
that the marnfcst desire of Governor Shaffer to have the rioters turned over to the 
civil authorities was for no other purpose than that they might be released by 
liabids f()r/'uj proceedings — to s>ich a pass had judicial affairs come in Utah. The 
passage from De Trobriand on the point follows: "Perhaps you would like to 
know the rause of this persistent refusal of the civil authorities at Provo to take 
charge of the prisoners. Two reasons were explained to me: the first one that 
there is no jail in the city; the second that a legal decision of recent date having 
withdrawn the criminal casts from the jurisdiction of the probate court, the prison- 
ers if taken in custody by the City Marshal, would '^oon he released on a writ 
of habeas corpus. The insistance of your Excellency to have the prisoners in the 
hands of the civil authorities at Provo could not be in prevision of such con- 
tingency. Oh 1 certainly not! Now you may see how the m.atter stands: you ask 
mc .solemnly to deliver up the prisoners to the civil authorities. The civil au- 
thorities persistently decline to take charge of them. What can we do? Keep 
them, of course, and for that I have another reason still more conclusive, and that 
is, that an order to that effect has been received from my Department Commander." 
{Deseret News of Oct. 5th, 1870, p. 408). 


soldiers growing out of this transaction, and that feeling is 
extended to all the federal officers. ' ' As governor he was sworn 
to execute the law, and in pursuance of that duty he would have 
as high regard 'for the property and persons of Mormons as 
of any other class," The Governor grew eloquent on this 
point. ''In this case the perpetrators of the outrages are men 
employed by the government and paid for their services to be 
the g-uardians of the rights and liberties of those among whom 
they are stationed, coming here at the expense of the Govern- 
ment to aid and assist the civil authorities in securing to all men 
their rights, in place of which they have taken it upon them- 
selves to execute all manner of violence and mob law to satisfy 
their own individual and personal grievances. If the U. S. sol- 
diery cannot fulfill the high object they were sent here for, then 
far better, for the sake of the credit of the nation and the Ameri- 
can armies, ive be let alone to ourselves." 

In his reply General De Trobriand had the Governor at his 
mercy: First in that the governor had made public the above 
named letter before it had reached the hands of the General, 
which of course would justify the general in replying in a like 
public manner; second, in that the letter was addressed to the 
wrong military commander, since Camp Rawlins was not under 
the jurisdiction of the General commanding at Camp Douglas, all 
posts in the department of the Platte being independent from 
each other, their respective commanders communicating directly 
with department headfjiiarters, hence Major Osborne and not 
Gen. I)e Trobriand would have been the proper officer to com- 
plain to if any; third, in that the supposed neglect of prompt 
investigation was on the part of his Excellency instead of the 
military officers who, as already detailed, had been prom])t to 
take action in the matter, although the governor seemed not to 
be aware of what had taken place in that kind, and Gen. De 
Trobriand informed his Excellency that he was under no obliga- 
tion to keep him informed as to what was occurring in liis 
(Shaffer's) Territory. The General could refuse to deliver up 
the prisoners to the Governor,' because he had received order* 
from the department headciuarters to keep them in military cu&- 


tody.6^ Answering the Governor's suggestion that if the U. S. 
soldiery could not fulfill the high object for which they were sent 
to Provo and to Utah— "to protect and not destroy"— "then 
better, far better, for the sake of the credit of the nation and 
the American armies, we be let alone to ourselves"— to this, 
and his answer presents the whole situation in Utah at that time, 
the General said: 

"If it was not too much of curiosity, I would like to know if 
the real object of those who caused the 'U. S. soldier v,' as you 
say, to be sent at Provo, was not somewhat different from the 
high object so eloquently set forth by your Excellency. But as 
any question on this subject would remain unanswered, I will only 
refer to your last words, (that) 'ive he let alone to ourselves.' 
By all means. Sir, if you wish it. You know by this time that we 
of the army are not of a meddling temper, we are no politicians; 
we don't belong to any ring; we have no interest in any clique, 
and we don't share in your spoils. Our personal ambition is 
generally limited to the honest and patriotic performance of our 
duties for our own satisfaction and the best interests of the 
government. Wherever we are ordered to go, we go, but we 
have no voice in the matter, and if we are sent to Provo or any 
where else, it is not, as you are aware, on our application, but 
by the influential request of somebody else, generally in compli- 
ance with the demand of the Governor. 

"To he let alone! Why, Sir, the military itself, does not wish 
any better, if our soldiers were let alone instead of being pois- 
oned physically with bad whiskey and morally with bad influ- 
ences, there would be no troubles with them. 

"That you be let alone to yourselves!— '?/ow/ meaning of 
course, the people of this Territory, including its Governor, its 
churches, its militia, its legislature, its judiciary, its munici- 
pality, etc., etc.— would certainly be a great blessing to all, and 
T am liapin- to agree with you on that point. Then why not try 
it? and if the presence of the 'U. S. soldiery' interferes in any 
way with the harmonious workings of your 'happv family,' a 
single order from Washington may settle the question. Rest 
assured. Sir, that in such a case we will all obey without hesi- 

69. Subsequently an investigation was made of this outrage at the headquar- 
ters of the (lepartmcnt of the Platte; the responsibility for it v/as fixed upon the 
officers and soldiers of those companies present for duty at that date; and the 
amount of damages fixed upon by the Mayor of Provo to the injured parties was 
ordered to be paid, the order to take effect immediately. Condensed from the 
Omaha Herald, quoted in Mill. Staf, Vol. XXXII, p. 816. 


tation or murmur, letting you alone to the full enjoyment of that 
popularity which so justly distinguishes your administration 
and surrounds your person in this Territory of Utah.""^ 

The General was severely criticised in some quarters for his 
letter to Governor Shaffer; but the blunders and injustice and 
hypocrisy of the Governor's letter in which he sought to make it 
appear that he was the active man in guarding the riglits of the 
people and the peace of Utah, and the General the inert one, 
readily suggest the circumstances that justified General De 
Trobriand's form of resentment of the injustice done to him by 
the Governor's course. From the first the General had refused 
to be drawn into the political schemes and plots of the Utah anti- 
Mormon ''Ring, " greatly to their annoyance, and they were 
bent upon doing all in their power to discredit him with the 
administration, and Governor Shaffer's published letter was 
doubtless a direct effort for the achievement of that end."^ 

In the midst of these stirring events General Sherman and 
Sehofield, and some members of their respective staffs arrived 
in Salt Lake City, from California and remained for several 
days. The party called upon President Young and several other 
Church leaders at President Young's office. "Both parties,'^ 
says Wilford Woodruff, who was present and journalized the 
visit, "were quite sociable. "'^^ One evening during General 
Sherman's visit the band from Camp Douglass serenaded 

70. See Deseret News — Weekly — of Oct. sth, 1870, where both letters will be 
found in cxicnso. 

71. The Omaha Herald thus commented upon the circumstance : "The recent 
outrages of the U. S. soldiery upon the unofifending people of Provo, Utah, were 
the result of a drunken mob for which no respectable officer is in any degree re- 
sponsible. Governor Sliaflfcr seizes upon the opportunity to fix responsibility for it 
upon General De Trobriand for the double object of showing a regard for decency 
and to injure that excellent gentleman and soldier in public estimation. In the 
opinion of the Colfax missionaries the General is too much disposed to look with 
favor upon the merits of the Mormon people, and with contempt upon the latest 
raid upon their peace. This is the sweet milk in the cocoanut." (Omaha Herald 
of Oct. 1st, 1870). The Salt Lake Herald commenting on the correspondence said: 
"We have no need to defend General De Troljriand, who was the special object 
of the last attack by his l-'xcellency. Governor Shaffer. He is amply able to de- 
fend himself, but we arraign Governor Shaffer at the bar of the nation for flagrant 
abuse of his official position ; and ask the President of the United States to remove 
from office a man who seeks persistently to drive a peaceable people into rebellion, 
and then to cover over his own acts endeavors to cast blame on an officer whose 
name is a synonym for bravery, efficiency, and gentlemanly bearing." (Salt Lake 
Herald of October 1st, 1870). 

72. Woodruff's Journal, entry for Oct. 3rd, 1870. 


him and the crowd which gathered in front of the Townsend 
House clamored loudly for a speech ; but neither the calls from 
the crowd nor the pleadings in a private interview could move 
the General to consent to make a speech, and most of the crowd 
dispersed. About an hour afterwards— ten p. m.— the Parowan 
choir, then in attendance upon the semi-annual conference at 
Salt Lake City, went to the hotel and before its main entrance 
sang several pieces. Then the cry was again raised for a speech 
' ' No, no, ' ' the general called from the veranda, ' ' I would rather 
hear the girls sing." The choir then rendered very effectively 
"Hard Times Come Again No More." General Sherman could 
not resist the appeal in this heart-song of a people who had made 
it theirs by the "hard times" through which they had passed, 
and he came forward upon the veranda of the hotel "and in a 
few well chosen words acknowledged the compliment paid to 
him by the singers ; ' ' but he disclaimed all intention of making a 
speech. "He had heard that the singers were from Parowan; 
he did not know Parowan, only by having seen it on a map. He 
was gratified to behold the beautiful homes which the people, 
while facing difficulties and trials of the severest kind, had built 
up in the desert, and his sincere wish was that they might live 
to enjoy them, and that to them 'Hard times would indeed come 
again no more.' "^•'^ 

But little else of importance happened during the administra- 
tion of Governor Shaffer. The disease of which he was really 
dying when he received the appointment which sent him to 
Utah— consumption— demanded its toll of death as the autumn 
leaves fell, and on the last day of October the Governor died.*^^ 

73. Dt'scret News — Weekly — of Oct. 12. 1870. 

74. The body of the Governor was sent to Illinois for interment. He was 
given procc?sional honors in conveying the body to the railroad depot for transit, 
under the auspices of the Masonic fraternity. Although the people of Utah were 
much offended at the course pursued by Governor Shaffer and had no reason to re- 
gard him as their friend, still flags were placed at half mast from the general 
co-operative store, from the Dcscrel Nczvs, and other buildings, and the principle 
stores and places of business were closed during the ceremonies {Deseret News — 
Weekly— of Nov. 9th, 1870). 




Hugh Mercer, Brigadier-General 705 

Girl Pioneers of America— National Organiaztion (Incor- 

By Adelia Belle Beard 709 

History of the Mormon Church. 

By Brigham H. Roberts 714 

Wisconsin Territorial Supreme Court and its Judges . 738 
College of Arms of Canada and the Authenticated Noblesse 758 

David I. Nelke, Editor. 

JosiAH Collins Pumpelly, A. M., LL.B., Member Publication 
Committee New York Genealogical and Biographical So- 
ciety, Associate Editor. 

Victor Hugo Duras, D. C. L., M.Diplomacy, Historian of the 
American Group of the Interparliamentary Union of the 
Congress of the United States, Contributing Editor. 

Published by the National Americana Society, 

David I. Nelke, President and Treasurer, 

131 East 23rd Street, 

New York, N. Y. 


Copyright, 1914, by 

The National Americana Society 

Eintered at the New York Postoffice as Second-class Mail Matter 

All rights reserved. 



September, 1914 
Hugh Mercer 

GENERAL HUGH MERCER, a distingnished officer 
ill the Revolution, was a member of a distinguished 
Scottish family which had furnished, particularly to 
the kirk, men famous in public life. His great-grand- 
father, John Mercer, was a minister of the church in Kinnel- 
lan, Aberdeenshire, from 1650 to 1676, from which pastorate 
he resigned a year before his death. 

The grandfather of Hugh Mercer was Thomas Mercer, whose 
son William was educated for the ministry, and was in charge 
of the Manse at Pittsligo, Aberdeenshire, from 1720 to 1748 ; he 
married Anne, daughter of Sir Robert Munro, of Foulis, who 
was killed while commanding the British troops at Falkirk in 
1746. Hugh Mercer, son of Rev. William Mercer, was born 
probably in 1725, as he was baptized in January, 1726. Of his 
boyhood life little is known. As was the case with many Scot- 
tish lads, he entered college when about fifteen years of age, 
matriculating in the School of ]\[edicine, Marshall College, in 
1740, graduating in 1744. Moved l)y the loyal spirit of his an- 
cestors, he joined the army of i'riiicc Chailic the ''Young Pre- 
tender," and appears as assistant surgeon upon the ill-starred 
field of Culloden. In the autumn of 174(1 he set sail from Leith, 
remained a short time in Philad('li)hia, and settled at Green- 
castle, Pennsylvania, Mci-ccrsburg, then upon llic frontier of 
new world of civilization. Practicing his profession in the wilds 
of the ''Indian country," Hugh Mercer does not ai)pear ])rom- 
inently until the year 175"). when in the Braddock Kxpedition 
he ai)pears as a captain of niililia. Following Braddock's lunnil- 
iatinj^^ defeat, \\\\'j;\\ Nh'rcei- allhongh wonnde(l. walked many 



miles through the wilderness to his home. Early in the spring 
of 1756 he was selected as captain of the local militia, having 
supervision over a wide district, with McDowell's Ferry (Bridge- 
port) as headquarters, and acting as physician and surgeon to 
the garrison. For these and other patriotic services the cor- 
poration of Philadelphia presented him a vote of thanks and a 

In 1757, Mercer was in command of the militia stationed at 
Shippensburg, Pennsylvania, being appointed major in Decem- 
ber, 1757, with command of all Provincial forces stationed west 
of the Susquehanna, In 1758 Major Mercer was in command of 
a portion of the Forbes expedition against Fort DuQuesne. It 
was during this period that he met Colonel Washington, whose 
military fame had spread beyond the confines of the Great 
Northern Neck of Virginia. Between the two men a friendship 
was established that led Mercer to remove from Pennsylvania 
to Virginia, taking up his residence in Fredericksburg, famed 
as the home of Washington's mother. There General Mercer 
attended meetings of Lodge No. 4, Free and Accepted Masons, 
of which George Washington was a member. 

Throughout the period of constitutional agitation preced- 
ing the Revolution, Dr. Mercer devoted himself to his practice 
and to the delights of those social relationships for which Fred- 
ericksburg was and is noted. In 1775, the Royal Governor, 
Dunmore, at Williamsburg, transferred a portion of the colonial 
store of powder from the magazine to the ship ' ' Magdalen. ' ' It 
was this crowning act of executive incompetency to deal with 
local phases of the general revolutionary problem that led to 
the organization of the Whig regiments. September 12, 1775, 
Mercer was appomted colonel of minute-men for the counties 
of Caroline, Stafford, King George and Spottsylvania, Stimu- 
lating the spirit of the Committees of Safety, and sustaining the 
enthusiastic but untrained provincials, Mercer wrote to the Vir- 
ginia Convention: "Hugh Mercer will serve his adopted coun- 
try in the cause of liberty in any rank or station to which he 
may be assigned." At this critical juncture three regiments of 
Virginia provincials were organized, and for the command of 
the first of these Hugh Mercer was defeated by Patrick Henry 


by one vote. Subsequently, Mercer was elected colonel of the 
third, and at AVilliamsburg drilled the volunteers and levies, 

A wider field of duty demanded Mercer's services. In recogni- 
tion of his popularity and military skill, on June 5, 1776, the 
rank of brigadier-general in the Continental army was confer- 
red upon the gallant Virginian. Within a few weeks General 
Washington, returning from Massachusetts to New York, se- 
lected General Mercer to take command of the troops engaged 
in the fortification of Paulus Hook, now known as the old down- 
town residence section of Jersey City. Besides discharging 
his duties there, he was placed in command of the "Flying 
Camp" of ten thousand men stationed at and near Perth Am- 
boy. Events between the rout of the patriotic army at Brooklyn 
and the retreat through the Jerseys moved rapidly, nor can the 
military details of the crossing of the Delaware and the attack 
upon Trenton be repeated here. Historians have credited Gen- 
eral Mercer with suggesting the change of Washington's Fabian 
policy, and of his working out the details of the movement that 
altered the fate of an empire. This much is sure, that upon 
the Christmas night of 1776 no one of Washington's galaxy of 
leaders was more trusted than was Mercer, and no one shared 
greater fruits of victory. Upon the recrossing of the Delaware, 
it was at General Mercer 's headquarters on the night of January 
2, 1777, that the plan to break camp and leave the camp fires 
burning ui)on the south bank of the Assunjiink creek was for- 
mulated. Thence it was that General Mercer went to his 
doom. The story of the surprise at Princeton on the morning 
of 3rd, of the clash upon the frost covered ground between Mer- 
cer's men and the British i-cgiments; of the fight a])oiit the 
Clark house; of the pei-il of Washington; and of Mercer's leap- 
ing from his horse and rallying his men— have often been told. 
Infuriated by the turn of the fortunes of war, General Mercer, 
while in th<' vei'V act of leading his men to victory, was attacked 
by several i^ritisli soldiers. l\e))eat('(ily stabbed, he was beaten 
upon the head with the butt ends oj' muskets, and, refusing to 
surrender, was left for dead. 'I'lic letreating Britisli soon gave 
place to the Continental soldiei-s, who tenderly carried their 
general into the Clark house, where lie was nursed by the de- 


voted Quaker women of that family. By his side, in attendance, 
were Dr. Benjamin Rush, of Philadelphia ; Dr. Archibald Alex- 
ander, of Virginia, and Major George Lewis, nephew of Gen- 
eral Washington. Lingering in agony for nine days. General 
Hugh Mercer died in the arms of Major Lewis. 

The death of Mercer created a profound impression through- 
out the nation. His body was removed to Philadelphia under 
military escort, was exposed in state, and it is said thirty thou- 
sand people attended the funeral. It was upon the south side 
of Christ Church, Philadelphia, that his body, interred with mil- 
itary and civic honors, was placed beneath a slab upon which 
was cut: "In memory of Gen'l Hugh Mercer, who fell at 
Princeton, January 3rd, 1777." Moved by a sense of patriotic 
dut}^ Congress, upon April 9, 1777, directed that monuments be 
erected to the honor of General Mercer at Fredericksburg, and 
of General Warren at Boston. Upon the 28th of June, 1902, 
one hundred and twenty-five years thereafter, the Fredericks- 
burg monument was erected, bearing upon its face the inscrip- 
tion ordered to be placed by the resolution of 1777. With that 
singular perversity that seems to afflict mankind, a succeeding 
generation refused to permit General Mercer's bones to remain 
undisturbed. The St. Andrew's Society removed his body to 
Laurel Hill Cemetery, then upon the edge of the city of Phila- 
delphia, and November 26, 1840, dedicated a monument to his 
memory. Of this society General Mercer was a member, and 
the monument was properly inscribed. 

Besides the name of one of New Jersey's twenty-one coun- 
ties, there are in the State of New Jersey two memorials to 
Mercer. One is the old fort at Red Bank, Gloucester county, 
where at Fort Mercer, in 1778, a gallant defense of Philadelphia 
was made by General Greene and the navy upon the Delaware. 
The other memorial is in Princeton and consists of a bronze 
tablet unveiled October 1, 1897, the gift of Mercer Engine Com- 
pany, No. 3. 


^'m% ^M 

: U 

A brave heart 

An honest mind 

A resourceful hand 

Girl Pioneers of America 


By Adelia Belle Beard 

IT is most appropriate that the Americana should publish 
an account of this movement which derives its inspiration 
and its name from the early Americans, for the movement 
is truly American in its aim, its ideals and in the practical 
application of the early pioneer qualities and virtues. As has 
been justly said, while historical societies, the Daughters of the 
Eevolution, Colonial Dames and like organizations seek to pre- 
serve the historical records and objects connected with the early 
life of our country, the Girl Pioneers, working in harmony with 
them, revive and perpetuate the spirit that dominated the in- 
vincible men and women who made our great nation possible. 

The pioneer sturdy independence, staunch uprightness and 
indomitable courage are invaluable in character building, and 
to build up character and develop the good to be found in all 
girls is the purpose of the movement. The highest principles 
are embodied in the Girl Pioneer pledge and law, and to im- 
planting and cultivating these the whole power of the organiza- 
tion, with its many branches of activities, is directed. 

The watch word of the Girl Pioneer is I Can, her pledge : 
''I will speak the truth at all times, 
I will be honest in all things, 
I will obey the Pioneer law." 
And the law gives her code of honor in these words : 
*'l. A Girl Pioneer is trustworthy. 

2. A Girl Pioneer is helpful and kind. 

3. A Girl Pioneer is reverent. 



4. A Girl Pioneer chooses happy, cheerful, wholesome 
topics for conversation. 

5. A Girl Pioneer keeps herself physically well and strong. 

6. A Girl Pioneer is self-respecting and keeps her thoughts 

7. A Girl Pioneer is brave. 

8. A Girl Pioneer is loyal. 

9. A Girl Pioneer does not speak ill of anyone. 

10. A Girl Pioneer is cheerful. 

11. A Girl Pioneer is industrious and thrifty. 

12. A Girl Pioneer always remembers that people are worth 
more than money or things, and the Girl Pioneer values another 
for what that other really is, not for what she has. ' ' 

The pledge goes straight to the root of right living without 
equivocation, and stands unflinchingly for the necessity of a 
sound foundation on which to build. The Girl Pioneer does not 
say I wish to speak the truth, or I will try to be honest, she says 
plainly / tvill and each repetition of these two words helps to 
make the will stronger and keeping the pledge easier. Its 
straight forward simplicity makes it applicable to practical, 
every-day life, and that it is applied with success incidents re- 
lated by Directors of Bands, and experiences told by the girls 
themselves, go to prove. 

The principles upon which the Girl Pioneer organization i^ 
founded are taught not simply as precepts, they are found and 
practiced in all the delightful activities of the movement. Out 
door life with its limitless avenues of interest— camping, trail- 
ing, woodcraft, learning to know the wild life of the open, its 
plants, its flowers, birds, common wild animals and insects ; the 
stars and the meaning of the shadows, the use of nature's ma- 
terial in handicraft— all these and many more are opened to the 
Girl Pioneer, and in searching firsthand and by actual contact 
into the life of these things of nature, she is finding the beauty 
of truth and the wonder of reality. By her membership in this 
large organization she is learning to be less self centered, learn- 
ing to work with others and for others, and to share her enjoy- 
ments with others. By the joyous participation in field sports 
and such recreation as rowing, swimming, fishing, riding, kite 


flying, stilt walking and the more conventional games of basket 
ball, service ball, tennis, archery, etc., she is learning to play 
honestly and fairly, and is building up bodily health and 
strength to keep pace with the mental and moral health that is 
being developed within her. 

By her indoor life, lived as truly in the pioneer spirit as her 
life in the open, she is bringing into play the faculties of re- 
sourcefulness, of adaptability, of thoroughness and the virtue 
of helpful kindness. She learns to do all household tasks, to do 
them well and to be interested in them. She is taught in charm- 
ing ways the use of her five senses and is delighted to find that 
she can develop them and consciously enjoy them. She learns 
how to care for the sick and for young children; she is proud 
of being able to render first aid according to the latest and best 
methods; she learns how to avoid accidents as well as what to 
do in case of accidents. She has a system of signs for blazing 
the trail which belong solely to the Girl Pioneer and she learns 
what to do in case she is lost when camping or trailing. 

The mind and imagination of the Girl Pioneer are stimulated 
by true stories of heroism and adventures of the early 
pioneers. Her merit badges are given the names of women 
pioneers including, besides the early settlers, pioneers in the arts 
and sciences, in invention and helpful work for humanity. Her 
honors are shown by stars worn on the sleeve which indicate 
the tests successfully passed and lead up to the final merit 

The Girl Pioneer colors, chosen by the Pioneers themselves, 
are red, white and blue. They not only signfy that the organiza- 
tion is national in extent, but hold a still further meaning for 
the Girl Pioneers, red standing for courage, uliifc for purity and 
blue for truth. The graceful salute symbolizes a brave heart, an 
honest mind, a resourceful hand, for the motto of the Girl 
Pioneer is: ''Brave, honest, resoureeful." 

In keei)ing with the spirit of the organization the Girl Pioneer 
khaki uniform, with its red neck scarf and red hatband, 
is practical, adai)table and pleasing. The red neck scarf and 
hatband not only ndd a bright mid becoming toiK'h of color to 
the uniform, but serve to make it easily distingnislied and vis- 
able at a long distance. This is a great help to tlie Director, who 


must keep her girls in sight. The skirt is designed to be con- 
verted at need into a most comfortable stretcher ; it can be com- 
bined with others and used as an impromptu shelter, it can also 
be turned into a duffel bag. Without the skirt there is a com- 
plete and modest costume of bloomers and belted blouse. The 
neck scarf can be used for many purposes and the great adapt- 
ability of the uniform is demonstrated in the uniform drill. 

The Girl Pioneers have their banners, their Pioneer sign, 
their initiation with its ceremony and membership certificate; 
their rallies, field days and other general meetings indoor and 
out. They have their general Pioneer cheer and each Band and 
each group has a cheer of its own. There is the official song 
which all the Pioneers sing and the Bands compose songs for 

The Girl Pioneer organization is governed by an Executive 
Board of which the Chief Pioneer, Lina Beard, is the head. 
There is a National Council, composed of prominent and influ- 
ential men and women, living in various places in the United 
States, to be called upon when council is needed. Among its 
members are such men as Joseph Swain, President of Swarth- 
more College ; Dr. Earl Barns, School of Psychology and Pede- 
gogy ; Bishop David H. Greer of the Episcopal Diocese of New 
York ; Daniel Carter Beard, Chief National Scout Commissioner 
and one of the founders of the Boy Scouts of America; John 
Burroughs, the well-known naturalist and bird lover ; Hon. Gif- 
ford Pinchot, President of the National Forestry Association, 
and Luther Burbank, the wizard of the plant world. On its list 
of women members are the well-known names of Jeannette Gil- 
der, Helen Varick Boswell, Eizabeth Jordan, Mrs. F. J. Shuler 
and Mrs. Kate Waller Barrett. There is also a membership of 
those who see the good in the organization, believe in it and aid 
by the payment of yearly dues, or one contribution constituting 
life membership. The parents and friends of the girls can help 
effectively, as Associate, Contributing, Sustaining members, 
Patrons or Life members. 

Each Band of Girl Pioneers is under the leadership of a vol- 
unteer Director, who is at least twenty-one years of age, and 
furnishes acceptable credentials. The Band is composed of one 
or several groups of from six to ten girls each. The name of an 


American w'ild bird is chosen for the name of each group and 
the Band is known by its number. Having the girls call them- 
selves by the names of American wild birds stimulates an in- 
terest in the birds and calls out love and protection for them. 
The bird cheers of the groups are very breezy and inspiring. 

In order to become a full pledged Pioneer a girl must be 
twelve years of age or over. There is no limit after the twelfth 
year, and provision is made for younger girls between the ages 
of eight and twelve by admitting them as Juniors. They are 
formed into Bands and are also taken in with the older girls, 
but in either case they must wait until they are twelve years 
old before they may be initiated, receive their certificate of mem- 
bership, and wear the badge. In all other respects they enjoy 
the same privileges as older girls. The Executive Board heartily 
advocates the forming of Junior Bands. Between the ages 
of eight and twelve a child is easily trained and is very 
ambitious. By the time she has reached the necessary age 
for complete membership, her steps are turned in the right di- 
rection and, her heart is filled with loyalty to the Girl Pioneers. 
It is her organization, she is growing up as a Girl Pioneer and 
she accepts without question the moral training that is so much 
a part of the good times her membership gives her. 

The Girl Pioneers of America is, indeed, the true sister or- 
ganization of the Boy Scouts of America. It is built along sim- 
ilar lines and makes principle its foundation while using the 
outdoor life both as an inducement and as the means of devek~)p- 
ment. Its work is as practical as the Boy Scouts and runs par- 
aUcI with it, but it horrows neither the Boy Scout name, its 
terms, its sign or its badges. 

The Girl Pioneer ranks are open to all girls aiul the work is 
very lielpful in Sunday Schools, ])u])lic schools, private schools, 
camps and all larg(; socielics for girls such as Young Woman 's 
Christian Association. ^'()Ull,^• Woman's (1iristia?i Temperance 
Union, i)lay <ironn<ls, etc 

The (jirl I'ioiicci- I'nMcr will l»c sent n|)(»n application and the 
Mannal will he sent npon receipt of |)rice, lliii'ty lix'c cents, and 
seven cents |)()stage. I^'oi" ruiMlier int'orniat ion and for literature 
address Secretaiy of Gii'l Pioneers of America, (53 .Jamaica 
Avenue, Flushing, N. V. 

History of the Mormon Church 

By Brigham H. Roberts, Assistant Historian of the Cliurch 



Vaughax— "Wooden-gun Rebellion"— Rival Celebrations 

OP THE Fourth of July— Contested Delegate Elec- 

tion-The G. L. U.'s 

IT had been known for some time that Governor Shaffer 
could not last many months, and meantime, a number of 
aspirants in Utah were waiting for his place. Quite a num- 
ber of Utah "Ring" were willing to be considered as more 
than "receptive candidates;" and all were greatly an- 
noyed by the sudden telegraphic appointment, on the 
very day of the Shaffer obsequies, of Vernon H. Vaughan 
to be governor of Utah. This created a vacancy in 
the secretaryship of the Territory, and George S. Black, 
who had come to Utah in the capacity of private secre- 
tary to Governor Shaffer, was appointed to fill the vacancy at 
the same time that Vaughan was appointed to be Governor.^ The 

I. See dispatch in Dcseret News — Weekly — of Nov. Qth, 1870. On the evening 
of his appointment a band and a few friends called upon the newly appointed Gov- 
ernor and serenaded him ; and to the company Governor Vaughan made a brief 
speech in which he eulogized his predecessor and pledged himself to deal justly 
in the office to which he had been so suddenly appointed. As this took place on 
the evening of the day that processional honors had been paid to the late Governor, 
in placing his body on the train for transit to Illinois, anti-Mormon malice reported, 
and it was published in the Omaha Republican, that — "On the evening of the funeral 
ceremonies of the late Governor, J. W. Shaffer, of Utah, and while his remains 
lay in his dwelling, surrounded by his family and mourning friends, (his house 
being the_ next house to the residence of the new Governor, Vaughan, and both 
enclosed in the same yard) a large crowd of Mormons, headed by the Mormon 
brass band, marched up the street and filed into the yard, and with cheers and ex- 
ultations serenaded the New Governor, who came out and delivered to them a 
harangue, in which he promised to be their friend, and to see that they had all their 
rights and privileges." (See Deseret Netvs — Weekly — of i6th of Nov., p. 478, 
which copies the Republican Article). Each one of these statements is specifically 
denied by the News Editorial, except the fact that a band that evening serenaded 
the Governor, but it was after the departure of Shaffer's remains. 



Omaha Herald suggested that the appointment of these two 
young men was merely temporary and made under the felt 
necessity of having executive officers to act immediately. And 
this was the view taken of the appointments throughout the 
country," and especially by the "Ring" in Utah, and for a time 
there was quite a general speculation as to the next executive 
for Utah. Mr. Shelley M. CuUom, member of Congress, he of 
the anti-Mormon Cullom Bill fame, had been recently defeated 
for re-election from the eighth district of Illinois, and for a time 
his name was connected with the appointment to the Utah gov- 
ernorship.3 General Silas A. Strickland of Nebraska was also 
for a time, prominently named for the place, but Senator Thay- 
er, his principal supporter, failing of re-election, Strickland's 
name was withdrawn though supported by the Omaha Herald 
as well as by Senator Thayer.'* 

Among the Utah "ringites" who hoped for the appointment 

2. The Chicago Post was particularly severe upon the appointment of Vaughan 
and gave the following description of him: "Vincent (Vernon H.) Vaughan is 
the new Governor of Utah. His qualifications are as follows. He was a rebel 
throughout the war ; engaged in a couple of duels after the war ; his name is 
euphonious enough for a ten cent novel ; his record is sufficiently like Brigham 
Young's to render him an easy prey to the latter; he is young himself, and the 
United States Government in Utah is in a fizzled condition. Perhaps it would 
have been as well not to appoint Vincent Vaughan, Esquire." (Quoted in Mill. 
Star Vol. XXXH, p. 760). The New York World had the following passage on 
the Utah Governorship: "The Hon. John Covode passed through Chicago on 
Friday (Nov. 11), returning from California and Salt Lake. He says that the 
recent appointment of Vaughan as Governor of Utah won't answer, because the 
position requires a man who is iirm, sober, and dignified, and who will properly 
support the government and the judiciary, so ably represented there by Judge 
McKcan. He thinks the appointment of John Covode would be the best appoint- 
ment that could be made." (Ibid.) 

3. "There are several interested individuals who hope the appointment of 
Governor Vaughan is only a temporary one. We understand Mr. Cullom . . . 
hopes the appointment is only temporary. . . He would like, we are told, to 
be Governor of Utah." (Descret News — Weekly — of Nov. 16, 1870). A Wash- 
ington dispatch to the Salt Lake Herald dated December 3rd, said : "There is a 
strong feeling here against the confirmation of Vaughan as Governor of Utah 
Territory, and an effort will be made to induce the President to withdraw his 
name. The President is urged to adopt a firm policy towards the Mormons, and 
to force them into obedience to the United States laws. He is advised to appoint 
a man who will govern Utah with a stern hand, and in this connection certain 
prominent Pennsylvania politicians are endeavoring to secure the appointment of 
Slielly M. Cullom, at present Chairman of the House Committee on Territories, 
and author of a very stringent Mormon bill, introduced in the House last session. 
Appearances indicate that the President intends to yield to these suggestions, and 
withdraw Vaughan's name ; and adopt a more stringent policy towards the Mor- 
mons," (Salt Lake Herald. Vol. T, No. 159, Dec. 4, 1S70), 

4. Springfield Republican of Jan. 27th, 1871, copied into the Mill. Star, Vol. 
XXXHI \). 121, also Descret News of Nov. 16, 1870, p. 484. 


was 0. J. Holister, collector of Internal Revenue for Utah, and 
brother-in-law of Vice-President Colfax; also General P. E. 
Connor, who based his hopes upon President Grrant's regard for 
military men.^ Finally, however, George L. Woods, an active 
Oregon politician, whose four year term as Governor of Oregon 
had recently ended, was appointed to fill the position.*' His 
appointment was made in January, but he did not take the 
oath of office until March 10th, and about six weeks later arrived 
in Salt Lake City. He continued in office about four years, 
until December 28th, 1874.'^ 

It was during Governor Vaughan's brief administration that 
what is derisively called in our annals the ''Wooden-gun Kebel- 
lion, ' ' occurred. The circumstances are these : The third regi- 
ment band of the Utah militia— Nauvoo Legion,— in anticipation 
ol the fall musters had sent east for new instruments, and on 
their arrival, notwithstanding the interdiction of the late Gov- 
ernor Shaffer (if it was thought of at all) against all "musters, 
drills, or gatherings of the militia of the Territory of Utah, and 
all gatherings of any nature, kind, or description of armed per- 
sons within the Territory of Utah, ' ' except by his orders, invited 
the members of the regiment to assemble at the Twentieth Ward 
School House to hear the band and accompany it by a drill. The 
regiment responded to this invitation of their band; they did 
not assemble by order of their Colonel or other officers ; but 
when assembled some of the latter took command and directed 
the movements of the several companies of the regiment in the 
drill. This on the 21st of November, 1870. Hostile and ultra 
anti-Mormon U. S. officials heard of this "drill in defiance of 
the late Governor's prohibitions," and hastened to the scene. 

5. See Dcscret News — Weekly — of Nov. i6, 1870. 

6. Woods who was an active Republican in Oregon was chosen a Lincoln 
Presidential Elector from that state in 1864. In 1866 he was elected Governor of 
Oregon, the term running four years, (See Bancroft's Hist, of Oregon, Vol. II, pp. 
666-8). "Utah has never had a governor from whom we could reasonably hope so 
much as from Governor Woods," said the Springfield (Mass.) Republican impres- 
sion of Jan. 27, 1871. He was "a Missourian by birth" says Bancroft ~ "a pro- 
nounced Anti-Mormon ; . . . had accumulated and lost a considerable fortune. 
He was a man who, though by no means of the highest, purest morality himself, 
was it seems, exceedingly jealous for the morality of the nation." Hist, of Utah, 
pp. 661-2). 

7. Utah Gacettcer for 1884, where a table of dates of the appointment of 
Utah officials up to that year will be found, pp. 254-7. 


Trith the result that warrants were issued for the arrest of eight 
of the principal officers^ at the drill, on the charge of "treason 
and rebellion." At the preliminary hearing before associate 
justice C. M. Hawley, the two witnesses examined varied in 
their estimate of the number present. "One hundred" said the 
first witness, Mr. R. Keys; "three hundred," said Mr. Black, 
secretary of the Territory. 

It appears from the evidence that the men and officers were 
in uniform; that they carried arms; that they were drilling; 
that the drill was accompanied with martial music; that they 
carried an American flag ; that from one to two hundred spec- 
tators were present, chiefly women and children; that the drill 
occurred between the hours of ten and twelve noon ; that there 
was no drinking, nor rowdyism, nor profanity; at the end of 
the drill the companies marched off in different directions. 

The statue invoked for the arrest of these men was section 
two of an act passed by Congress, "to suppress insurrection, to 
punish treason and rebellion, to seize and confiscate the property 
of rebels" and for other purposes, approved July 17th, 1862, 
and which reads as follows : 

"Sec. 2. And be it further enacted. That if any person shall 
hereafter incite, set on foot, assist, or engage in any rebellion 
or insurrection against the authority of the United States, or 
the laws thereof, or shall give aid or comfort thereto, or shall 
engage in, or give aid and comfort to any such existing rebel- 
lion or insurrection, and be convicted thereof, such person shall 
be punished by imprisonment for a period not exceeding ten 
years; or by a fine not exceeding ten thousand dollars, and bif^ 
the liberation of all Jiis slaves, if anij he have; or by both of 
said punishments, at the discretion of the Court." 

The prosecuting officer when reading this section of the statue 
and coming to the penalties prescribed halted at the word "dol- 
lars." To £!,•() Oil witli llic rcsi of llie ixTialty, ''and hif the liber- 

8. Their names were Geo. M. Ottinger (for a Iciik time cliief of (he fire de- 
partment of Salt Lake City), Andrew Bnrt (for sometime chief of police of Salt 
Lake City, and an efficient officer). Charles R. Savage (one of the most genial and 
inofTensivc men that ever lived in the west, and for many years a memhcr of the 
"Old I'-olks Committee," an orgruii/.ttion which provides a free annnal excnrsion 
and entertainment for the old folks of the community) : James Fennemorc, Archi- 
bald Livingston, Charles Livingston, W. G. Philips and John C. Graham. 


ation of his slaves, if any he have," revealed only too clearly 
the absurdity of seeking to apply this statute to the above case ; 
but the prosecutor concluded his argument, the court took the 
case under advisement and later gave an extended and ^ ' learned ' ' 
opinion upon the case, and finally bound the militia officers over 
to await the action of the grand jury, fixing the bond in the case 
of higher grade officers at $5,000, and to the lesser grade at 

The ' ' rebels ' ' and ' ' treasoners ' ' during their preliminary hear- 
ings, and until admitted to bail were consigned by the U. S. 
Marshal to the military authorities at Camp Douglas, where 
Gen. Morrow, in the temporary absence of Gren. R. De Trobri- 
and, was in command. The general merely required that the 
'* rebels" give their word of honor not to leave the precincts of 
the camp in a clandestine manner, whereupon the full liberty of 
the camp was accorded them, with the privilege of an occasion- 
al visit to the city if they desired it. The house of one of the 
officers was assigned them, as their "prison," and here they 
lived in contentment, their friends calling upon them at will. 
Many merchants "on main street," both Mormon and non- 
Mormon, sent them all sorts of delicacies for their table, while 
the camp lil)rary to which they were given free access afforded 
them the pleasant enjoyment of reading. Finally they were 
admitted to bail to appear before the grand jury, but it can be 
readily understood that no grand jury would seriously consider 
such a case and the rebels were never indicted. 

During the preliminary examination Mr. Keys, one of the 
witnesses for the prosecution— -of course no others were 
examined— stated that in conversation with Mr. Savage— one 
of the "rebel officers"— he had remarked upon the youthfulness 
of the "boys" composing the band. "Yes," answered Mr. Sav- 
age, "that band a year ago could not play a note." ^^ There 
were a lot of hoys ivith wooden guns present, and Mr. Savage 
said they were going to have a drill, ' ' said Mr. Keys. That fixed 
the title of this whole affair, it was henceforth episodical opera 
houffe, and no incident of the serious historical drama being 
worked out in Utah. 

Grave historians have tried to read into the absurd lines of it 


constitutional questions, and to have it regarded as a serious 
effort on the part of Utah military authorities to test the valad- 
ity of a dead Governor's (Shaffer's) decree as against the Terri- 
torial militia law, and the constitutional right of the people to 
bear arms, and have "a well regulated militia for their protec- 
tion. ' ' But no one knowing the Lieutenant-General of the Legion 
and the personnel of his staff, can think that they would under- 
take a test of these questions in a manner so absurd. It was an 
informal gathering of militiamen in uniform and with guns, it is 
true, but all living in one ward,— neighbors,— and met for a few 
hours amusement with a juvenile band, and with some boys 
present with wooden guns, doubtless to mimic the drill of the 
older men and to give a name to the episode— "Wooden Gun Ee- 
bellion;" and such it was, truly, in the sense of being harmless, 
and without design of rebellion, but made comical by the arrest 
of those peaceful men — the officers of the regiment. The desper- 
ate earnestness of the prosecuting attorney, General Maxwell,^ 
aijpointed for the occasion, in the temporary absence of the U. S. 
attorney ; the long and learned opinion of the court. Judge Haw- 
ley, which was published in all its solemn length, and, literally, 
the yards of angry editorial written at the time, only add 
piquancy to the extravaganza.^*^ 

In July following there occurred still another military episode 
which holds in crystallized form the petty tyranny of the times, 
and the injustice and annoyance forced upon the Latter-day 
Saints of Utah. As noted in these pages, from time to tune, 
the Latter-day Saints, almost from the first year of their ad- 
vent into the Salt Lake Valley, not only in Salt Lake City but 

9. General Geo. R. Maxwell was Register of the land office. He was a civil- 
war veteran, from Michigan, many times wounded while in the service, therefore 
respected, despite his half-insane hatred of Mormons and all things Mormon. A 
correspondent of the Cincinnati Commercial descrihcd him a little later as a man 
"with a strong, dissipated face, * * * * looking as if he had overslept for a 
week and got up mad" — this, it is not unfair to say, was his habitual appearance. 
Ma.KWjll enterefl the Union army when seventicn years of age, and at twenty- 
one was a brigadier-general. During the war he had both legs broken, his riglit 
arm fractured, lost three fiingers of his left hand by a sabre-cut, and had his collar 
bone broken by grape shot, l)esides several Hesh wounds. Wood's Recollection, 
Ms., pp. 39-40, (luoted bv lirancroft. Hist, of Utah, p. 665, note. 

10. The i)reliminary examination, the learned opinion of the court, the recep- 
tion and treatment of the "Rebel" olTicer at camp Douglas and several editorials 
on this subject will be found in the Dcscrci A'cwj— Weekly— of Nov. 30th and 
Dec. 7tli, 1870, also in tiie Salt Lake Herald of the same period. 


throughout their settlements, had celebrated the anniversary of 
American Independence. It was their intention to do so in Salt 
Lake City as elsewhere throughout the Territory in this year 
of 1871, notwithstanding the many irritations to which they had 
been of late subjected by the newly arrived U. S. officials. Ac- 
cordingly early in June the city council appointed the usual com- 
mittee to make the arrangements for the celebration of the ap- 
proaching anniversary. The committees of arrangements usu- 
ally appointed by the city council had never made these cele- 
brations exclusively "Mormon affairs," but had recognized the 
propriety of giving a chance to the citizens of the municipality, 
irrespective of church affiliation, an opportunity to participate 
in the celebration of the anniversary of this all- American's day 
—the American patriot's day of days. And so in this year of 
1871 there was no likelihood that they would depart from this 
custom. But early in June the non-Mormon residents of Salt 
Lake City took the matter in hand to formulate a celebration on 
their own account. Before much progress had been made on 
either side, however, it was proposed that a united celebration 
be held that would be more worthy the occasion than a divided 
effort could possibly be. Accordingly a committee from the non- 
Mormon citizens met with part of the committee appointed by 
the city council to consider the feasibility of a United celebra- 
tion. There was a free exchange of views, but the members from 
the city council's committee, not feeling authorized to enter 
into arrangements of a final nature, resolutions were drawn up, 
and signed by Geo. L. Woods, Governor of the Territory, and 
Geo. R. Maxwell, chairman and secretary respectively of the 
non-Mormon citizens committee, asking the city council to au- 
thorize their present committee, or to appoint a new one, to 
make final arrangement for "a single, harmonious celebration 
of the coming Fourth of July, irrespective of any and all action 
heretofore taken by either of the aforesaid committees." To 
this the city council made reply saying that according to cus- 
tom the city council had appointed a committee of arrangements, 
**who were deemed by them ample in number and fully com- 
petent in ability for the occasion;" that considerable progress 
had been made in providing for the event ''without any appar- 


ent want of wisdom or energy to provide for the entire com- 
munity in its most liberal demands and in which all are invited 
to participate." It was therefore resolved that it was unneces- 
sary to set aside present arrangements. 

The non-Mormons were indignant, and so preparations were 
set on foot for a rival celebration. All the miners from outlying 
camps were invited to come to the ''Gentile Celebration" of the 
Fourth of July in Salt Lake City. A like invitation was sent 
to the non-Mormons of Corinne, Ogden, and other places. 
Through the columns of the Salt Lake Tribune, which by now 
had come into existence, the non-Mormons announced their de- 
termination ''to maintain their independence of priestly dicta- 
tion" as well as to celebrate the Fourth of July. 

On the 22nd of June Daniel H. "Wells, in his capacity of Lieu- 
tenant General of the Utah militia, ordered out the martial brass 
bands under their respective leaders ; one company of artil- 
lery with ordnance to fire salutes; one company of cavalry; 
three companies of infantry. "The detail will perform such 
service during the day as may be assigned to it by the commit- 
tee of arrangements. Good order is strictly enjoined. No fast 
riding is allowed within the limits of the city. By order, "^^ etc. 
Eight days later Territorial secretary, Geo. A. Black, and dur- 
ing the temporary absence of Governor Geo. L. Woods acting- 
Governor of the Territory, forbade the carrying out of the order 
of General Wells as violating the proclamation of the late Gov- 
ernor, J. W. Shaffer; and further, he Geo. A. Black, "ordered 
and commanded" that "all persons except U. S. troops desist 
from participating in any military drill, muster, or parade of 
any kind, from and after this date, or until it shall be otherwise 
ordered or commanded by the governor, "^^ etc. Tn anticipation 
of resistance to his orders, the acting-Governor called upon 
General De Trobriand to be present in Salt Lake City with U. S. 
troops and to fire upon the companies of militia if they attem])tod 
to participate in the parade as directed to do by General Wells.^' 

11. The Order— Special, No. i— will l)e fduiid in Mill. Star, Vol. XXXTIl, pp. 

12. The orders of RIack includiiiK copies of former Governor ShafTer's proc- 
lamation will be found in Salt Lake //fn/Zf/— Daily— Vol. 11, No. 21. 

13. I list, of Salt Lake City, p. 50.^ 


General De Trobriand assured the acting Governor that he 
would give the necessary order for the presence of the U. S. 
troops, that he would draw them up in line, and if the Utah 
militia attempted to join the parade he would call upon his 
troops to "take aim," but the order to fire must be given by the 
acting Governor. After this Mr. Black did not appear so fixed 
in his determination to carry his orders to such extremes. More 
temperate councils prevailed on both sides. The companies of 
the militia ordered into the parade, save one, marched in the 
procession but without arms, the bands marched and played, and 
the artillery were out and fired salutes ;^* U. S. troops from 
Camp Douglas were present, but only as spectators and the 
episode, which for a time threatened the peace of the occasion, 
and menaced even the peace of the Territory, passed without 
violence, but left its record in the annals of the times to illus- 
trate, as before remarked, the policy of petty tyranny practiced 
in Utah toward the Latter-day Saint community. ^^ 

14. Correcting some misrepresentations made b}' a S. L. City correspondent 
to the New York Herald, an editorial in the Salt Lake Herald said : "There was 
no 'rebellion,' as there was no 'backing-down.' The militia were ordered out to 
celebrate the national anniversary, and they came. As the acting-Governor 
'backed-down' and concluded to make no arrests on that day — generous man — 
so, to avoid the appearance of trouble, the militia marched without their arms ; but 
they marched in their allotted places except one company, whose commander failed 
to appear in time, though the men were on the ground. The artillery were out and 
fired their salutes. Why were they not arrested?" Salt Lake Herald, Vol. II, No. 
31. Also copied into Mill. Star, Vol. XXXIII, p. 502. 

15. Governor Woods representation of this episode or rather his misrepre- 
sentation of it is as follows: "My first conflict with the Church (?) occurred July 
4th, 1871. The organic act of the Territory made the Governor commander-in- 
chief of the militia. The Mormon legislature, prior to that time, usurped that au- 
thority, and invested it in Daniel H. Wells, the third (officer) in the Church. On 
July 1st, 1871. Wells issued an order as commander-in-chief to the militia of the 
territory to assemble at Salt Lake City July 4th to participate in the celebration. I 
resented this usurpation, and forbade them to assemble, but my prohibition was 
disregarded. Thereupon I ordered to the rendezvous three companies of infantry, 
one of cavalr}, ar.d a battery of artillery, and dispersed them at the point of the 
bayonet. This practically ended the Nauvoo Legion." (Bancroft's Hist, of Utah, 
p. 662). The author quotes the above passage from Woods' Recollections, Ms., 
p. 45 When it is considered that Gov. Geo. L, Woods was not in the Territory 
when the incident of the militia marching in the 4th of July parade 
happened, and that such steps as were taken in the matter were taken 
by Secretary Black as acting-Governor, the "Recollection's of Mr. Woods must be 
regarded as some what at fault. But this brief excerpt writes down the spirit of 
bragadocio of the officers sent to govern Utah in those days, and who irritated the 
people by the petty manifestations of their arrogance. The statement above that 
the Mormon legislature had usurped the authority of the governor of the Territory 
as commander-in-chief of the militia, and vested it in Daniel H. Wells or the lieu- 
tenant-general of the militia, is utterly untrue ; as is also a statement of Sten- 
house, (Rocky Mountain Saints, pp. 677) to the effect that the governors who 


Both parties held what each regarded as the very greatest 
celebration of the anniversary of the Fourth of July ever held 
in the Territory.^^ 

It has already been noted that at the municipal election held 
in Salt Lake City in mid-February, 1870, that what was to be 
known as the "Liberal" or anti-Church political party had its 
origin in a coalition of the Godbeite schismatics and the Gen- 
tiles of Salt Lake City. In the following Territorial election for 
delegate to congress the party determined upon putting a can- 
didate in the field in the hope if not of electing him, then for the 
purpose of making a contest for the seat at Washington, where 
there would be at least a possibility of success in gaining the 
seat by a decision of the house influenced as it was likely to be 
by the popular prejudice against the Latter-day Saints. i' It 

succeeded Alfred Cumming had asked to be properly acknowledged commanders- 
in-chief of the militia, but the legislators, by purposed delay and circumlocution 
passed over session after session any action that would disturb the organization of 
the militia. The fact is that the law of 1857, in force up to the time of Shaffer, 
Black, Woods and Stenhouse, recognized the governor, as commander-in-chief by 
providing that "The militia of the Territory of Utah, under the Governor of the 
Territory as Com)nander-in-chicf, shall be commanded by a Lieutenant General, 
formed into an independent military body," etc., (Laws of Utah, compilation of 
1870, ch. 138, Sec. I. 

16. The respective processions were augmented by processions from outside 
places, Ogden and the settlements of Davis county swelling the Mormon procession ; 
while the mining camps and Corinne materially added to the features and to the 
length of the Non-Mormon procession. Naturally, on account of having such 
great odds in population, the Mormon procession out-classed its rival. The public 
meetings were held in the Mormon Tabernacle and the Liberal Institute re- 
spectively. The meeting in the Tabernacle was not exclusively a Mormon affair: 
for while Elder Orson Pratt offered the invocation, and Elder David McKenzie read 
the Declaration of Independence, the time for speech making wa.s about equally 
divided between Geo. Q. Cannon and John T. Caine, on the part of the Mormons, 
and Mr. Alexander Majors, and the Hon. Tom Eitch, late of Nevada, on the 
part of the Non-Mormons. At the Institute there was also a decidedly mixed list 
of speakers. Gen. Geo. R. Maxwell delivered the principal oration of the occasion, 
followed by Col. Jocelyn and Judge Toohy, the latter from Corinne, and all out 
and out anti-Mormons. They were alternated witli such leaders of the "New 
Movement," and gentlemen but recently prominent in the Mormon Church, as Amasa 
M. Lyman, Wm. S. Godbe. E. L. T. Harrison. "Each side in their notable cele- 
bration," says Tultidgc, "ventilated its own special views and sentiments; but the 
grand day passed off peaceably, esi)ecially considering that .Acting-Governor Rlack 
had ordered out U. S. troops to over-awe the citizens." (Hist, of Salt Lake City, 

P- 505). 

17. Tullidge in History of Salt Lake City declares that the object of nominat- 
ing a candidate for delegate to Congress at (his time was to send their candidate 
to Washington to contest the seat, and from tinu- to time to send one there to make 
such a contest whether victorious or not. "Indeed this party from its birth en- 
tertained the belief that Congress would, ui)on .some cause, give the seat to the 
anti-Mormon delegate, and (hat Ut.ih never would be achnitted as a State until 
the absolute political control was placed in their hands." (p. 491). 


was not altogether a forlorn hope, this proposed contest either. 
Once before the house of representatives had given attention 
to such a contest upon grounds so absurd, and by parties so 
contemptible, that any contest, however ridiculous, was bound 
to be entertained and reported upon and discussed at more or 
less learned length in the house, and would attract the attention 
of the country because of its connection with the Mormon peo- 
ple and their remarkable history. 

The former case to which reference is here made was the 
McGrorty contest case for the seat held by Mr. Wm. H. Hooper, 
in 1867. McGrorty was for some time a small merchant in Salt 
Lake City, and at first very obsequious in his deportment to- 
wards the Latter-day Saints. According to a Deseret News 
editorial he was a constant attendant upon their meetings, and 
loud in his repeated professions of sympathy and friendliness 
for them.^^ Finding, however, that he could not long profitably 
play the hyi30crite he came out in opposition to them and ran 
as an opposing candidate to Wm. H. Hooper in 1867, appealing 
especially to the anti-Mormons of Utah for their support. At 
the polls he received 105 votes, out of a total of 15,179,^® and 
on this showing at the polls he based his contest. The law re- 
quired that a contestant give notice of contest thirty days after 
the election; but this McGrorty failed to do, for notice of his in- 
tended contest was not served for nearly a year after the election 
on the plea that he was afraid that the people of Salt Lake City 
would learn through the telegraph from Washington, that he 
had filed a contest ' ' and his life would be in danger. ' '^^ 

McGrorty 's ground of contest was that of the upwards of 
15,000 votes cast for Mr. Hooper eight-tenths were by foreign- 
ers who had never 1)een naturalized, and there were other irreg- 

i8. Deseret News — Weekly — of May 27th, 1867, p. 122. 

19. See Deseret News — Weekly — of Feb. 12th and 20th, 1868. In a spirk of 
mischief some one nominated a colored man commonly known as "Negro Cy," 
who received 6 votes. On incomplete returns Gov. Durkee and Secretary Reed 
sent delegate Hooper his certificate of election showing on those returns IS>I79 votes, 
of which Hooper received 15,068, the other candidates in — Negro Cy, 6; and 
McGrorty 105. The latter's votes came principally from the little mining town 
of Stockton in Tooele county. 

20. Deseret Nezi's of Feb. 12, 1868 — "There were upwards of 2,200 votes in this 
[Salt Lake] county at the election of delegate to Congress," said the News, com- 
menting on the above ; "out of that number 36 voted for McGrorty, we would not 
wonder if he should yet say that they had all been slaughtered and eaten." (Id). 


ularities in the elections such as one person presenting a list of 
voters names, all of whom were absent from the polls, but voted 
by this representative as "proxy;" that Captain Hooper had 
been voted for at the election as representative to congress from 
the provisional state of Deseret— for whose admission into the 
Union he was to ask— as well as for delegate to congress from 
the Territory of Utah ; and that Mr. Hooper in certain endow- 
ment ceremonies administered by the Mormon Church, had tak- 
en an oath of hostility to the United States, "and is, therefore, 
not a proper person to be admitted to the Congress of the United 
States. "21 

McGrorty was assisted by Mr. C.V.AVaite,— formerly associate 
justice of the Utah Supreme Court- 1862-3 -in the preparation 
of his contest, which consisted of the above mentioned points 
with general charges of disloyalty against the whole Mormon 
population, also that they were alien to American principles 
and sentiments, and guilty of many crimes among which were 
sundry alleged religious murders, or cases of "blood atone- 
ment." The house received this belated notice of contest not- 
withstanding all its absurdities and referred it to the commit- 
tee on elections. 

Mr. Hooper made formal answer to these charges, but further 
than a general denial he would not go. He held that the con- 
testant was not rightfully "in court." He denied the truth of 
the allegations concerning the irregularities in the voting at the 
election, and the charge that eight-tenths of the votes were cast 
by aliens. The alleged occurrences of outrage cited by con- 
testant occurred, by his own showing, from eight to fifteen 
years before; and "even if trne— which is not admitted— as 
charged by contestant, they fall far below the number and de- 
gree of outrages which occur in all newly settled Territories — 
and have no relation to the contest." One of the answers of 
delegate Hooper is of especial interest, in view of the part it has 
taken in nearly all subsequent congressional contests against 
Mormons elected to the house and senate, namely, the allega- 

21 A^iclc in DrsCret Nczi's of Feb. I2tli, iS6,S, "A more ridiculous proceeding 
than this of McGrorty's we never heard of. lie was lool<e(l upon as hut mk\ it any 
better, than an insane man. He was so regarded almost universally. His present 
action confirms the idea." (Id.) 


tion that Mr. Hooper had taken an oath in the course of a relig- 
ious ritual known as the endowment ceremonial, inconsistent 
with his duty of loyalty to the government. Mr. Hooper an- 
swered : 

"The sitting Delegate . . . denies that he has ever at 
any time taken any oath which could in any manner interfere 
with his duties as a loyal, and law-abiding citizen of the United 
States ; and he further states that to the best of his knowledge 
and belief, there is no oath taken or required to he taken by the 
people known as Mormons, under any rule of their church, in- 
consistent with their duties as loyal and laiv-ahiding citizens of 
the United States.'""^ 

Thus in this first contest, as in all subsequent contests, where 
this charge has been made, emphatic denial of it has been en- 

On the 9th of July, 1868, the house committee on elections de- 
cided the contest in favor of Mr. Hooper, and so reported to the 
house,^^ as before stated. 

Certainly if a contest could be had before the American house 
of representatives upon grounds so absurd as those on which 
McGrorty based his contest in 1868, nothing could be barred in 
the way of a contest under the intensified congressional and pop- 
ular prejudice existing in 1870-71. 

The person nominated by the liberal party to make this con- 
test in 1870 was Gen. Geo. R. Maxwell, U. S. registrar of the 
land office, all who were opposed to "despotism and tyranny in 
Utah" and who favored the separation of church and state; 
all who would stand for freedom, liberality, and progress, were 
urged to attend a convention to be held on the 16th of July, by 
the new party. The convention was held at Corrinne, Gen. P. E. 
Connor was elected chairman, and Maxwell was nominated by 
acclamation. Governor Shaffer's executive policy was en- 
dorsed; and before the close of the convention the organiza- 

22. See Hooper's answer in contest case under eleven specific denials of 
charges rnade by McGrorty Dcserct News — Weekly — of May 27th, 1868. Also, 
House Misc. Documents 40th, Cong. 2nd Sess., No. 35. 

23. See Hooper's special dispatch to the Descret News, of July 15th, — Weekly., 


tion was officially named the "Liberal Political Party of 

At the election more than 20,000 votes were cast. Maxwell 
received less than 1,500, half of which were alleged to be illegal, 
through relocating and allowing unqualified persons at Corrinne 
to vote.-^ Maxwell duly contested the election, conducting his 
case very much along the lines of McGrorty's plan, but charging 
Mr. Hooper with disloyalty in connection with the Buchanan 
Expedition troubles and the alleged endowment oath. He 
relied upon the intensity of the prejudice against the Latter- 
day Saints existing at the time for his success. ^*^ But in this 
he was disappointed, and his contest was unsuccessful. At the 
election of 1872 General Maxwell was again the Liberal Party's 
candidate for delegate. Mr. Hooper early signified to his friends 
his intention not to be a candidate again, as his ten years of 
service had left him exhausted, and he determined upon tak- 
ing a much needed rest. Whereupon Geo. Q. Cannon, one of 
the Twelve Apostles of the Church, was made the nominee of 
the ''People's Party," a name which came very naturally into 
existence as representing the overwhelming numbers of the peo- 
ple of the Territory who were opposed to the anti-Mormon, or 
so-called Liberal Party. It has been urged that the selection 
of Mr. Cannon as the candidate for delegate to congress at this 
time arose from a determination on the part of the Mormon 
Church leaders to have the "Mormon case in its entirety sent 
to Washington," and hence Mr. Cannon, "an apostle and a 
polygamist, was sent to congress." There is no reliable evi- 
dence for the statement, to say nothing of proof. -"^ it is mere 
fancy that reads into the events of those days such a conception. 
As a matter of fact there was less inclination in 1872 to press the 

24 Sfc T.illid.cre's Hist, of Salt Lake City. Ch. LIV. 

25 Sec returns given by Salt Lake Herald of August 4th 1870. Tullidge puts 
the number of votes at 26,000 of wliich "Maxwell received but a few hundred." 
(Hist, of Salt Lake City, pp. .SQ6-7). Id., p. 490. 

26. Hist, of Salt Lake City, pp. 490-1 and 507. 

27. Hist. Salt Lake City, pp. 507-8- Mr. '["ulHdge, I believe stands alone in 
this view of the case, but quotes an unnamed writer who argues the matter at 
length, but without becoming convincing. This in the History of Salt Lake— 1886. 
Turning to the same author's "Life of I'rigluun Young, or ITtah and Her T^'ounders," 
— 1877 — one discovers the unnamed "Writer" in the history of Salt Lake City, to be 
Mr. T)il]idge himself. ('|)p. 4,'?7-8). 


question of polygamy upon the attention of congress or the 
country than at any other time, as we shall see later when con- 
sidering another question. Mr. Cannon was not chosen delegate 
to thrust a polygamist into congress in defiance of public senti- 
ment, but because he was undoubtedly by temperment and gen- 
eral character, by his grasp of public questions, and broad intel- 
ligence, by his tactfulness and his ability to make and hold 
friends, by his pleasing manner and cosmopolitan spirit, and, 
finally, by his knowledge of the west and the especial needs of 
his people, he was the very best man in the community at the 
time — Mr. Hooper eliminated— to represent Utah as delegate 
to congress ; and having all the constitutional qualifications for 
the office, the people of Utah never doubted but he would be 
acceptable to congress, and never suspected that his advent at 
the capital would raise the question of polygamy in congress, 
and much less thrust that subject upon the attention of con- 
gress and the country. 

In the election which took place on the 5th of August, George 
Q. Cannon received 20,969 votes; George R. Maxwell, 1,942. 
When the votes of the election were officially counted in the 
presence of Governor Woods and Secretary Black, General Max- 
well, accompanied by Rev. Norman McLeod, read a protest 
against the certificate of election being given to Mr. Cannon, 
taking substantially the same ground that he did in contesting 
the seat of delegate Hooper, two years before, excepting the 
charge of disloyalty in the Buchanan War. He added, however, 
charges of polygamy and polygamous living; and included the 
charge of disloyalty to the government by reason of taking the 
alleged disloyal endowment oath, as in the charges against Mr. 
Hooper, with this variation, that Mr. Cannon had also at a 
specific time and place— ''15th day of May, 1848, at Nauvoo, 
Illinois"— taken an oath to obey Brigham Young or his succes- 
sors, in all things, both temporal and spiritual.^^ It was pointed 

28. Mr Cannon's Answer to this allegation published in his formal denial of 
the Maxwell charges is as follows : "I deny that on the iSth day of May, 1848, at 
Nauvoo, Illinois, or at any other time or place, I took an oath or other obligation, 
to obey Brigham Young or his successors, in all things, or in anything, temporal or 
spiritual. I deny that at Nauvoo, or elsewhere, I ever took an oath, or other obli- 
gation of disloyalty to the United States, or that I ever, at any time or place, took 
an oalh or other obligation to thwart or overthrow the government, and I utterly 


out by Mr. Cannon's representatives, Mr. S. A. Mann, late Sec- 
retary of Utah and acting-Grovernor, and Mr. John T. Caine— Mr. 
Cannon being absent in California— that the Governor and Sec- 
retary 's duty in the premises was purely administrative, and re- 
quired them to grant the certificate to the person receiving the 
greatest number of votes. The fact that Congress had reserved 
to each house of congress, respectively, the right to determine 
the election and qualifications of its members deprived the Gov- 
ernor and Secretary of the Territory of any judicial function 
in the case, or any option in the matter of issuing the certificate 
of election. The certificate was accordingly granted to the suc- 
cessful candidate, and Mr. Maxwell served notice of his inten- 
tion to contest the election before the House of Representatives 
at Washington. 

At the opening of the congress— the forty- third— when the 
members were being sworn in Gen. Maxwell induced Mr. Merri- 
man of New York to make objection to Mr. Cannon taking the 
oath, by a resolution embodying in brief form the charges 
against the Utah delegate by the contestant for his seat, and 
alleging belief of probable cause of disqualification. As an ob- 
jection of this character by a member of the house is sufficient 
to prevent a member elect from being sworn in until the matter 
is disposed of, Mr. Cannon had to stand aside until the members 
were sworn in. Then the Merriman resolution was immediately 
taken up and discussed by leading members of the house, both 
Republicans and Democrats. The prima facie right of dele- 
gate Cannon to be sworn in was so clear that the vote to table 
Merriman 's resolution was unanimous save for one vote, and 

deny that I have ever taken any oath, affirmation, or other obligation, or made any 
declaration, inconsistent with my loyalty and allegiance to the United States, or 
obedience to the government and laws thereof. (Salt Lake Daily Herald, of Nov. 
23, i8/'2, where Cannon's answer to Maxwell's is given complete). Maxwell also 
alleged that Cannon had conspired with Brigham Young and others to coerce vot- 
ers under penalty of death to vote for Cannon in tlie election of 1872. The nature 
of the charge may be judged by the answer made to it: "I deny," said Cannon's 
answer, "that the said voters, or any of them, were influenced by fear of Brigham 
Young, or any other person. I further deny that 1 was combined or confederated 
with said Young, or any other person or association, to influence the said election; 
or that I or any one on my belialf, or otherwise, did by duress, violence, or other 
coercion, compel each or any voler for me at said election to vote, under the 
penalty of death, or under any other penalty wliatsoever." (Salt Lake Herald of 
Nov. 23, 1872). 


Mr. Cannon was sworn in. Subsequently the house committee 
on elections disposed of the contest by reporting unanimously 
that Maxwell was not entitled to the seat and that George Q. 
Cannon was. Not satisfied with this, however, or fearing that 
they might be adjudged as being too friendly to Mormonism 
by admitting a Mormon to a seat in Congress, a resolution by 
Mr. Hazelton of Wisconsin, appointing a committee to investi- 
gate the Maxwell charges against Mr. Cannon was passed and 
the committee made such progress that it finally adopted a reso- 
lution to ' ' exclude ' ' the delegate, but this conclusion was arrived 
at so near the end of the second session of the forty-third con- 
gress that it was never considered by the house. ^^ 

Mr. Cannon was re-elected in 1874, his opponent being R. N. 
Baskin, a prominent Gentile lawyer, active in all anti-Mormon 
movements of the period. ^"^ Mr. Cannon received 22,260 votes, 
Mr. Baskin 4,513. The Liberal candidate was unsuccessful in 
the contest before the house of representatives, and Mr. Can- 
non continued as Utah's delegate to congress until 1882. 

The elections in Utah for local officers, Territorial and muni- 
cipal, no less than the elections for delegate to congress, were 
of interest and exhibit the intensity of the conflict waged for 
political control. The coterie of federal appointees including 
the governor, secretaries, judges and minor officers fomented 
discord and organized opposition to the prevailing order of 
things as sustained by the majority of the people— the Latter- 
day Saints. In the territorial election of 1871, the Liberal or 
anti- Church party, determined to put a ticket in the field in Salt 
Jjake county for members of the council branch of the legislature 
which up to this time had been exclusively Mormon. While it 
was generally conceded that the ticket could not be elected, still 
it was confidently expected that such a showing would be made 
as to indicate an increasing opposition to ''Mormon rule," and 
it was hoped that it would give strength to subsequent contests 
for the delegateship to congress. "We may not succeed in this 

2g. House Miscel. Documents, 43rd Congress, 1st session. No. 49. House 
Committee Reports 43rd Cong., ist Sess. 

30. Mr. Baskin arrived in Utah in August, 1865. Baskin's Reminiscence, p. 5. 


election," commented General Maxwell, ''but we shall poll a 
vote that will astonish them. "^^ 

A ratification meeting of the party was held in Salt Lake City, 
on the 22nd of July, and here it was discovered that the party 
made up of the Godbeite schimatics and the Gentiles of Salt 
Lake City and county was not altogether harmonious. The 
rabid speeches on the occasion of such extreme anti-Mormons 
as General Maxwell and Judge Toohy, the latter of Corrinne, 
in which the domestic institutions of the Mormon people were 
assailed and their leaders threatened with unusual judicial 
harshness, not only as to prohibiting the extension of polygamy 
but in disrupting existing relations, could not be approved by 
the Godbeite leaders who were present; and the result was a 
very disorderly meeting, which hurriedly adjourned to stay the 
tide of dissension which had set in, and which threatened the 
disruption of the party then and there. The next morning the 
Salt Lake Herald declared that the Liberal party was dead— 
"disembowelled by its own hand." Mr. C. C. Beckwith imme- 
diately repudiated his nomination, and every effort by the Tri- 
bune and the conservative party leaders availed nothing to stay 
the dissension which had arisen by the unjustifiable assault 
made upon the Mormon people. "The coalition," writes Tul- 
lidge, "formed by ex-Mormon Elders and radical Gentiles had 
been an utter failure." And this remark is justified by the 
showing made in the election returns, which registered an aver- 
age vote of about 4,700 for the People's Party candidates; and 
an average vote of about 600 for the Liberal party candidates.^'^ 

The failure of this coalition of ex-Mormon Elders— Godbeites 
— and Gentiles, to adhere in an opposition political party to the 
People's Party is what doubtless led shortly after the aforesaid 
election to the formation of "The Gentile League of Utah." 
This was a secret organization having its membership in Salt 
Lake City and in the mining camps adjacent; and had for its 
purpose the breaking up of "Moi-mon Theocracy." The fact 

31. The candidates were J. Robinson Walker, Samuel Kahn, Wells Spicer, 
and C. C. Beckwith, well known and influential citizens. Because of their high 
character and permanent interest in Salt Lake City and Utah, they were expected 
to strongly appeal to conservative Mormons as well as to the Gentile population. 

32. Hist, of Salt Lake City, p. 512. 


of its existence and the avowal of its purpose, rest upon the 
testimony of those who are competent to know whereof they 
speak, since they were at the time of its organization connected 
with the staif of the Salt Lake Tribune, the organ of the anti- 
Mormon forces. These parties were Mr. Tullidge and Joseph 
Salisbury. The former in his "History of Salt Lake City," 
writes : 

"Sometime after this [i. e. after a certain disruption in the 
editorial staff of the Salt Lake Tribune] a secret society was 
organized in the city and mining camps, known as the ' Gentile 
League of Utah.' Its mission was to break up 'Mormon The- 
ocracy.' " 

Mr. Tullidge represents that when some of Judge McKean's 
extreme judicial acts were over-ruled by the U. S. Supreme 
court (of which more later) the work he had undertaken in the 
matter of suppressing "Mormon Theocracy," had "to be done 
by the G. L. U.'s; and they [i. e. anti-Mormons] did not hesi- 
tate to impress on the public mind that they were a semi-military 
organization. The radicals at their public meetings boldly 
boasted of this organization and its purposes ; and Judge Hay- 
don prophesied that the streets of Salt Lake City would run 
blood. "'^■•' 

For alleged "misrepresentation," of proceedings in the city 
council, published in the Salt Lake Tribune, and the paper refus- 
ing to make retraction and apology, the representatives of the 
Tribune were excluded from the council meetings ;^^*' whereupon 
it was determined to force the attendance of the Tribune's rep- 
resentatives upon the city council by the use of the Grentile 
League of Utah. Following is the reporter's signed statement 
of the plan to be adopted: 

' ' I was afterwards directed by Mr. Fred. T. Ferris, manager 

S^. Hist, of Salt Lake City, pp. 590-1. 

106. The matter of misrepresentation was as follows: Under the caption — 
"Brigham on the War Path," the paper said, "that Brigham Young arose and sus- 
pended the laws of the council without motion or vote," etc. This was untrue since 
President Young had requested the privilege of speaking, which was granted, and 
the rules were suspended by the council that he might do so. (See Deseret News 
— Daily — of July 31, 1872. The Tribune's account of the expulsion of its represen- 
tatives will be found in the impression of that paper, of Aug. 3rd. 


of the paper, {Tribune) to attend at the next regular meeting of 
the council, and report as usual. I said, in answer, that I pre- 
sumed the council would adopt parliamentary rules and close 
its doors; whereupon the manager informed me that General 
Geo. R. Maxwell had promised to be there with 100 D:en of the 
'G. L. U.'s" and other secret orders, to force an entrance and 
insist on my taking the minutes ; 

"That, on the day previous to the meeting, I was in the 
editor's office writing, when General Maxwell came in and asked 
me if I was ready to go to the council the following evening. I 
replied, 'I shall go anyhow.' He intimated that he was ready, 
and the 'boys' would be there; 

"That I understood the programme to be that, if any hostile 
demonstration were made by the mayor and council, each of 
them would be immediately covered by a pair of pistols, in the 
hands of the 100 men present; 

''And furthermore, that, if Brigham Young was present, he 
would be a special mark; 

"That, for some reason, the project was abandoned; 

"That myself, accompanied by Mr. F. T. Ferris and Mr. 
Abrahams, went to said meeting, when the motion of the pre- 
ceding council was confirmed and the Tribune men again ex- 
pelled. "^^ 

On the 3rd of August, 1872, during the Cannon-Maxwell con- 
gressional campaign an out door meeting was held in front of 
the Salt J^ake Hotel on main street to ratify the nomination of 
the Liberal Party's candidate. "Mormon Theocracy" was the 
object of attack by all the speakers. Its leaders were brutally 

34. Hist. Salt Lake City, pp. 592 Tullidgc in a footnote, declares that he 
reqnestcd the appointment to go to the city council meeting as representative, hut his 
request was denied, the reason given I)eing that his known "tnithfuhiess and jus- 
tice" would lead the city council to allow him to remain "as a memher of tliepress, 
notwithstanding the expulsion of the paper of whose staff lie was a meml)er." "But 
harmonv with the city council," Mr. Tullidge goes on to say, "fairness towanls its 
administration, was just what the "Liberals" wished to prevent. War, not justice, 
was their aim. That thev did also project the movement ag.iinst the city authorities, 
as stated by Mr. Salishurv, the very fact that the Tribune manager, local editor and 
foreman of the printing 'establishment were at the city hall to force the presence 
fjf the opposUion pres.s is very evident as the newspaper reports and the record of 
the c<juncil will substantiate. The explanation, too, why the "lOO men" were not at 
their post was, it may be presumed, no fault of the agitator.s. but simply because 
certain well known conservative business men did not enthusiastically take the re- 
sponsibility Without these iiifhiential citizens Maxwell knew that his "ux) men' 
would have been but an armed band of rioters. (Signed) I'-. W. Tullidge. 
ciate editor Tribune, 1872. (Hist. Salt l-;ike City. p. 502, note). I'..r the Dcscrct 
News account of the expulsion of the Tribune representatives from the city coun- 
cil meeting see the impression of Aug. 7tli— Weekly— p. 397- 


assailed, its members denounced as ''dupes," "serfs," ''the 
downtrodden," and "geese." These verbal assaults produced 
great excitemnt in the crowd of listeners most of whom were 
Mormons, and were resented by denials, hisses, yells, and groans. 
"Now came the business for the G. L. U.'s," says Mr. Tullidge: 

"They sprang to the front. They were headed by (U. S. 
ex-Marshal Orr. 

"Follow me 'G. L. U.'s' " he cried to his armed troop. 

"They dashed after him, revolvers in hand, and formed a 
half circle in front of the stand. Flourishing their weapons, 
they awed back the people, each waiting eagerly for the com- 
mand to fire into the crowd. 

"For the anxious space of five minutes, it was almost certain 
that Judge Haydon's prophecy would be fulfilled that night, 
and the streets of Salt Lake run with blood. 

"The writer saw their weapons brandished above the heads 
of their foremost men, gleaming in the flickering light of the 
lamps, and heard the excited cries of men eager for the word 
to fire. 

"The 'G. L. U.'s went to that meeting anxious for the work 
of revolution, as the more speedy way of 'solving the Mormon 
problem;' and around the stand, where for a moment there 
seemed a favorable opportunity, this was strongly manifested. 

" . . . That our city did not witness on this night a mourn- 
ful tragedy is due alone to the fact that no weapons were drawn 
by any, excepting the Liberals. "^^ 

The street meeting on account of the frequent interruptions 
adjourned to the Liberal Institute where the speaking without 
further interruption was concluded.^® 

On the ground of this disturbance of the street meeting a 
strong appeal was made by the Tribune for the troops at Camp 
Pouglas to be present at the polls the next day, but the appeal 
was in vain, and the elcclion passed off without disturbance. 

35. Hist, of Salt Lake City, pp. 592-593- 

36. See Deseret Ncivs account, impression of August 5th — Daily— where a 
fair account is given, but no mention of the G. L. U.'s is made. At the conclu- 
sion the News says : "We regret the course taken by the few disorderly persons 
in the assemblage on Saturday night. Their object (i. e. of the Liberals) was un- 
mistakeably to excite the people by insulting their leaders and making disparaging 
remarks about their religion; but even under such circumstances it is to be re- 
gretted than any symptoms of disorder or confusion were manifested. Such persons 
are really beneath contempt." 


It is charged by these same parties, Tullidge and Salisbury, 
that at a mass meeting held in front of the Walker House on 
main street on the 12th of October another plot was formed to 
bring into use the GL.U.'s in the event of any disturbance of that 
meeting. The meeting was held to glorify the Republican suc- 
cess in the fall election in Pennsylvania, Ohio, Indiana, and 
Nebraska, foreshadowing the success of the Republican party in 
the re-election of Grant. x\nd now the statement of Salisbury: 

''During the day it was whispered around that an organization 
had been effected and that prominent men of the city authorities 
would be watched by the armed members of the 'G. L. U.'s.' 1 
subsequently learned that these were under the control of the 
chairman and that at his given signal the body was to move 
en masse. 

''I soon discovered that the programme was well arranged, 
and saw men known to me as ' G. L. U. 's ' moving in the crowd in 
twos, with their hands upon their pistols, threatening those who 
dared utter the slightest murmur at the wanton denunciations 
against the Mormon leaders. It was at this meeting that the 
predictions uttered at the Liberal Institute and by Mr. Baskin 
in the Tribune office, were to have found fulfillment, but asso- 
ciate justice Strickland exposed the movement prematurely 
when at the first sound of an opposing voice he arose and i)ro- 
claimed : 

" 'The first man ivlio interrupts this meeting I uiU order 
shot! I mean what I say and sajj u-hat I mean! . . .' 

''. . . I subse(iuently learned, from conversation among 
the radicals, that had there been any counter demonstration, 
the *G. L. U.'s' at a given signal would have fallen back to the 
sidewalk, in front of the AValker Il(nis(\ and that a volley from 
them, and others stationed in the windows above would hiwo 
fulfilled the ])rophecy of U. S. Attorney Baskin— 'We'll have 
a hundred coTiii^ at oni- n<\\t meeting!"''^ 

V. Hist, of Salt Lake City, pp. 595-f>- The- statc-ment is sifiiicd by Salislmry. 
Di.rinK rrmarks by JiuIkc Toohcy last nijj;ht, .some person in the crowd aiuhhly gave 
him the lie, when Obed Iv Strickland, associate ju>tirc ,,f the supreme court of 
lUah. and Jud^e of the first judical district i)roclaime(l lliit if any one created a 
disturbance— or words to that effect— /i.- 7cou!d order such person shot ! Will it 
be believed that such language could fall from the lips of a .sworn conservator of 
the peace and a federal Jud^;e, simply because of a verbal interruption of a speaker? 
It would not be tliouniit of any where out side of Utah; and even heie it was so 
KlariuK that Toohy could not help protesting against it." S. L. Herald, Aug. 
ijth, \^77. Also S. L. Tribune of 13th and T4th of Oct. 


These incidents preserve the spirit in which the contest was 
waged between ' ' Mormon ' ' and ' ' Gentile ' ' in the troubled period 
under consideration. 

Note 1. The Salt Lake Tribune: The Salt Lake Tribune 
was a culmination of other papers which accomplished a mis- 
sion and passed away. Its original, undoubtedly, was the Val- 
ley Tan, whose offspring was the Vedette. The Mormon Tri- 
bune was but its parent in name. After the political coalition 
of 1870, which brought forward Henry W. Lawrence, as candi- 
date for the office of mayor of Salt Lake City, on the ticket of 
the Libera] Party, the common sense of the party quickly appre- 
ciated that the name '' Mormon'^ Tribune must be resigned or 
another paper started in its stead. The transition to the Salt 
Lake Tribune was comparatively easy, yet scarcely was the 
change of name effected ere the new policy required that the 
editorial control should also change. This forced the retire- 
ment of Mr. E. L. T. Harrison, who was succeeded by Mr. Os- 
car G. Sawyer, who was brought on from the New York Herald 
staff' to take the editorial charge. 

The first issue of the Salt Lake Daily Tribune was on the 15th 
of April, 1871. The names of W. S. Godbe and E. L. T. Harrison 
still stood at the head of the paper; William H. Shearman, 
business manager; Oscar G. Sawyer was introduced as the man- 
aging editor. 

The following is [from] the prospectus of the Salt Lake Daily 
Tribune, under the caption ''Our Programme:" 

''The Daily Tribune will be a purely secular journal devoted 
entirely to the presentation of news and to the development of 
the mineral and commercial interests of the Territory. It will 
have no sectarian bias and will be the organ of no religious body 
whatever. The aim of the publishers will be to make it a news- 
paper in every sense of the word. . . . 

". . . On political and social questions the policy of the 
paper will be to sustain the governmental institutions of the 
country. It will oppose all ecclesiastical interference in civil 
or legislative matters and advocate the exercise of a free ballot 
by the abolition of 'numbered tickets.' . . . 

". . . As a journal the Tribune will know no such distinc- 
tions as 'Mormon' or 'Gentile' and where sectional feelings exist 
it will aim for their abolishment by the encouragement of char- 
itable feelings and the promotion of a better acquaintance. 

The Salt Lake Tribune ran for a while under the editorial . 


direction of Mr. Sawyer; with him were associated George W. 
Crouch and E. W. Tullidge, ex-Mormon elders, and a Mr. Slo- 
ciim, a leading spiritualist from California. That such a strange 
combination could not possibly give unity of purpose or consis- 
tency of tone to the paper was soon evident, especially as a 
similar inharmony existed among the board of directors. The 
Tribune in fine, changed its character, or rather mixed its char- 
acters with every issu". This ' incompatilnlity of journalism,' 
as Mr. Sawyer explained to the public in his valedictory, which 
existed between him and the directors, forced him also to retire 
from his position as editor-in-chief, after which Mr. Fred T. 
Ferris became manager both in the editorial and business de- 

The Salt Lake Tribune next passed into the hands of another 
management. Three experienced journalists from Kansas took 
tlie paper on trial, relieving the original Tribune publishing 
cmnpany of the heavy luirden of their subsidies, which had 
hitherto sustained it, and soon afterwards that company itself 
became obsolete. 

Mr. George F. Prescott, Mr. Hamilton and Mr. Fred Lockley 
were each very able men in their several spheres. Prescott as 
manager of the paper sagaciously retained in his department 
George Heed, who had been assistant business manager both of 
the Ufali Magazi)i(' and the Tribune from the beginning, thus 
retaining the local business acquaintance. It was Mr. Fred. 
Lf)ckley, however, that gave the marked and ]uingent anti-^lor- 
mou character to the Salt Lake Tribune, for wliich it has l)ecome 
famous in the Gentile mind, infamous in the Mormon mind. . . . 

. . . Sei)tember 9th, 7<s\s.v, the Salt Lake Daily Tribune 
passed into the liands of Mr. P. H. Lannan, and Judge C. C. 
Goodwin as business managei- and principal editoi-." (TTist. 
of Salt Lake City, Tullidge, Appendix, p. l.'^. This ownership 
and Fxlitorship continued until the Tribune was purchased by its 
jiresenl owners Messrs. Thomas Kearns and David Keith, and is 
now (11)14). an i?idepen«lent Republican nc^wspajjcr. 

The Territorial Supreme Court of Wisconsin 

and its Judges 

THE territorial government of Wisconsin was estab- 
lished by act of Congress approved April 20, 1836. 
The territory of Wisconsin embraced within its 
boundaries all the territory now included in the states 
of Wisconsin, Iowa, and Minnesota, and a part of what was 
formerly the territory of Dakota. After July 3, 1836, Congress 
declared that such territory should be separate for the purpose 
of a temporary government. The judicial power of the terri- 
tory thus created was vested in a supreme court, district courts, 
probate courts and justices of the peace. The supreme court 
consisted of a chief justice and two associate justices. It was 
provided that a term of court should be held at the seat of the 
territorial government annually. 

The territory was to be divided by the legislative assembly 
into three judicial districts, in each of which a district court 
was to be held by one of the judges of the supreme court at 
such tunes and places as should be prescribed by law. The 
jurisdiction of the several courts, both appellate and original, 
and that of the probate courts and justices of the peace, was to 
be fixed by law, but the act of Congress provided that the su- 
preme and district courts should possess chancery as well as 
common law jurisdiction, and that each of the district courts 
should have and exercise the same jurisdiction as was vested in 
the circuit and district courts of the United States. Writs of 
error and appeals from the supreme court were allowed and 
were to be taken to the supreme court of the United States in 
the same manner and under the same regulations as from the 
circuit courts of the United States when the amount in contro- 
versy exceeded two thousand dollars. The jurisdiction of jus- 
tices' courts was limited to cases in which the amount claimed 



did not exceed fifty dollars, and excluded cases in which the title 
to land was in dispute. The members of the supreme court were 
to be appointed by the President by and with the advice and 
consent of the senate. Probate judges and justices of the peace 
were to be appointed by the governor by and with the consent 
of the council. 

The first appointments of judges were Charles Dunn, chief 
justice; David Irvin and William C. Frazer, associated jus- 
tices; W. W. Chapman was appointed attorney and Francis 
Gehon marshal. On the 4th of July, 1836, the governor, secre- 
tary and judges took the oath of office at Mineral Point, which 
event constituted a novel and interesting element in a grand 
celebration of the national anniversary which was generally par- 
ticipated in by the inhabitants of the lead mine region, of which 
Mineral Point was then the recognized metropolis. 

At the first meeting of the territorial legislature, at Belmont, 
in what is now LaFayette county, October 25, 1836, the territory 
was divided into judicial districts, and the judges were assigned 
thereto. The counties of Crawford and Iowa constituted the 
first district, with Chief Justice Dunn as judge ; the counties of 
Dubuque and DesMoines the second, with Irvin as judge; the 
counties of Milwaukee and Brown the third, with Frazer as 

The first session of the supreme court of the territory of Wis- 
consin was held December 8, 18.36, in the council chamber of the 
legishitive assembly at Belmont, then in the county of Iowa, now 
in LaFayette county. The judges present were Charles Dunn, 
chief justice, and David Irvin, associate judge. The proceed- 
ings of the court were confined to its organization, no judicial 
business being ready. John Catlin was appointed clerk and 
(piaiified as such. Justus Deseelliurst was aitpointed crier. The 
recoid expresses that ''Hon. David li\in presented a connnis- 
sion froin Andrew Jackson, Presi<lent of the United States, as 
one of the associat<' jndges of the supreme court of the tei'ritory 
of Wisconsin, an<i a cei-tilicate of (|ualitication from Henry 
Dodge, governor of said leri'itorv." 

TTenry S. liaird, I'eter Hill KngU', Daniel (i. Fenton, James 
Duane Doty, James B. Dallam, Thomas P. Burnett, William 


W. Chapman, Lyman J. Daniels, Barlow Shackelford, William 
W. Gardner, Hans Crocker, Joseph Leas, William Smith, James 
H. Loclvwood, John S. Horner, and James Nagle were admit- 
ted as attorneys and counselors of the court. 

Henry S. Baird, having been appointed attorney general, took 
the oath of office and was duly qualified. 

D. G. Fenton made a motion that the court appoint Thomas 
P. Burnett reporter of the court, which motion, after the court 
had taken a recess, was granted. Thereupon, the court ad- 
journed without delay. 

The time fixed by law for holding the next term was July 
3, 1837, and the place Madison. Two judges of the court not 
being then in attendance, the court was adjourned until the next 
day; and because of the absence of a quorum the same course 
was taken each day until July 8, when an adjournment was tak- 
en "until court in course." 

The next term was fixed for the third Monday of July (IGth 
day), 1838. At the opening of court Judge William C. Fraze^- 
was the only member present, and an adjournment was taken 
until 3 o'clock p. m., at which hour Judge Dunn appeared and 
court was opened by Francis Gehon, marshal of the territory. 
W^illiam H. Banks, F. S. Lovell, H. W. Wells, Francis J. Dunn 
and Jonathan E. Arnold were admitted as attorneys. 

The first proceeding in a cause was the entry of a rule in 
the case of Mau-zau-mon-nee-kah, plaintiff in error, vs. The 
United States, defendant in error, requiring the former to as- 
sign errors on or before the first day of the next term and con- 
tinuing the cause until that time. 

A number of motions were heard and acted upon ; three rules 
were adopted, and the term was adjourned. 

At the July term, 1839, (15th day of the month) the court was 
composed of Charles Dunn, David Irvin and Andrew G. Miller. 
Numerous motions were made and considered. The first men- 
tion of a written opinion being filed in a case is that of Eliza- 
beth Mills vs. United States, on a motion to quash the writ and 
dismiss the i^roceedings. This term lasted from the 15th until 
the 17th of July. 

The last session of the territorial supreme court was held 


August 2, 1847, aud the last entry of a cause is iu the case of 
Alexander W. Stow vs. Rufus Parks, which was taken under 

There was no change in the members of the court during the 
period of its subsequent existence. At the July term, 1839, 
Simeon Mills was appointed clerk in place of John Catlin, re- 
signed, and LaFayette Kellogg was appointed deputy clerk. At 
the July term, 1840, Mr. Mills resigned as clerk and Mr. Kel- 
logg was appointed. He held the office until the organization 
of the state supreme court. 

Following are sketches of the lives of Judges Dunn, Irvin and 

Chaeles Dunn 

By far the most prominent personality in the legal profes- 
sion in the western part of Wisconsin during her lerritorial 
existence and early statehood was Charles Dunn. He was born 
December 28, 1799, at Bullitt's Old Lick, Bullitt county, Ken- 
tucky, about sixteen miles east of Louisville, and died April 7, 
1872, at ]\Iineral Point, Wisconsin. Llis father, Ca])tain John 
Dunn, was a salt manufacturer at the Lick and was born in J^ub- 
lin, Ireland. His mother's maiden name was Amy Burks, of the 
Burks family of Burks Valley, Virginia. Charles was the oldest 
of the family of five sons and four daughters, and at the age 
of about nine years was sent to school at Louisville for about 
nine years, when he was called lioiiic and sent 011 ;i hnsiiiess tour 
to Virginia, Maryland, and Washington. On hi^ return homo 
he read law for a shoi't time with Wai'den Pojk', a <listinguished 
lawyer of Louisville, and afterwai'ds he proceeded to Frank- 
fort and contiiuKMl his law readinu' for ahoul hvo years with the 
<'ininent John Pope, then seeretaiy of stat(\ and who was the 
first law f)rofessor in th<' Transylvania university at Lexington. 

lie then reniove<l to Illinois, and ani\-e(l at l\askaskia, tlie 
capital of the state, in May, ISPl. where he eoin|>letei] his law 
studies under the direction of Nathaniel Tope, district jmlge of 
the United States for the district of Illinois. In ISi'O he was 
a«iniitted to the i)ar. He then connnenc.ed practice at -lonesboro 


in Union county, Illinois, and in 1821 married Miss Mary E. 
Shrader, daughter of Judge Otho Shrader, who had been an 
United States judge in Missouri territory. Mr. Dunn remained 
in practice at Jonesboro for several years, and then removed 
to Golconda, in Pope county. For two sessions he was engross- 
ing clerk of the Illinois house of representatives, and for about 
five years its chief clerk. In 1829 he was appointed by Gov. 
Ninian Edwards acting commissioner of the Illinois and Michi- 
gan canal, and with his associates, Edmund Roberts and Dr. 
Jayne, surveyed and plotted the first town of Chicago. In the 
early part of 1832 Indian troubles commenced and a requisition 
was made upon the state for troops to engage in service against 
the native Indians headed by Black Hawk. Three brigades of 
volunteers responded to the call, and Mr. Dunn entered the 
service and engaged in the Black Hawk war as captain of a 
company which he raised in Pope county, where he then resided. 
His company was assigned to the second regiment, commanded 
by Colonel John Ewing, attached to the first brigade, com- 
manded by General Alex. Posey. General Posey's command 
crossed the Hook river at Fort Dixon, and, marching next to- 
wards Kellog's grove, received intelligence of a severe conflict 
between Colonel Dement 's spy battalion and the Indian forces 
under Neopope. After a rapid march General Posey's forces 
reached the grove and found that Colonel Dement 's command 
had routed the Indians, whereupon they followed the trail of 
the retreating Indians up Rock river, out of Illinois, and into 
Wisconsin. Captain Dunn was severely, and it was thought 
fatally, wounded in what is now called the town of Dunn, in 
Dane county, by a cowardly sentinel whom he, as officer of the 
day, was proceeding to relieve. He was taken back to Fort 
Dixon, where he remained until the close of the war by the bat- 
tle of Bad Axe. 

As soon as he had sufficiently recovered he returned to his 
home, and in the spring of 1833 acted as assistant paymaster in 
paying ofp the first brigade ; and during that year resumed the 
practice of his profession. In 1835 he was elected from Pope 
county to the house of representatives of the state legislature, 
and was chairman of the judiciary committee during the ses- 


sion. In the spring of 1836 he was, upon the recommendation 
of the Illinois delegation in Congress, and the delegate from 
A\Tsconsin, George W. Jones, appointed by President Jackson 
chief justice of the Wisconsin territory. He arrived at Mineral 
Point on the 4th day of July, 1836, and was then sworn into 
office, which ]>osition he continued to hold until the state judici- 
ary was organized, holding his last term of court under the ter- 
ritorial organization at Mineral Point in October, 1847. 

The first term of the supreme court of the territory, as well 
as its first legislature, convened at Belmont, now in LaFayette 
county, in the fall of 1836. Judge Dunn about this time took 
up his residence at Belmont and lived there until his death in 
the month of April, 1872. The present village of Belmont, on 
the C. M. & St. P. R. B., is three miles to the southeast of the 
territorial capital. Leslie station, on the Lancaster and Galena 
branch of the C. & N. W. R. R., is within a half mile of the 
site of the old capitol and a little nearer to the Dunn residence. 
There is not a vestige left of the capitol building; tradition says 
that its substantial frame was removed to a neighlwring farm 
and was there made over into a barn. 

The location is one of great natural beauty. Within a radius 
of a mile, and directly east from the site, is the Belmont mound. 
A little south of west and three miles from Belmont mound, 
stands the Platte mound. These inoniids are u]>on a higli pla- 
teau, and are both a))out a half mile in diameter at the base and 
about five hundred feet high. In the gently undulating prairie 
country which surrounds them they are very ])rominent objects, 
and from their suimiiits can be seen the three states of Wiscon- 
sin, Illinois and Iowa. When Judge Dunn made Belmont his 
residence it was with the hope and expectation that it would be 
the i)ennaiient seat of govenmieiit of the teii-itory and future 
state. Madison, the City of the Lakes, soon after won the prize, 
but .lud<r(' Dunn's attachment for P.elnioiit. its natural beauty and 
<iuiet, never waned. 

.ludKc Dunn's teiin i^\' office as tenitorial chief justice from 
lH3i; until the admission of the state into the Union in 1S4S, was 
no sinci'ure. lie not only |.resi(le<l ovei' the appellate court but 
in addition was nisi prius judge of the first district, comprising 


the present counties of Dane, Green, LaFayette, Grant and 
Iowa, and all the territory north and west of the Wisconsin river 
and east of the Mississippi. These onerous and manifold duties 
he discharged well and honorably. 

He was a member of the last constitutional convention of the 
state, from LaFayette county. He was president pro tem, of 
the convention and chairman of the judiciary committee, over 
which body he exercised a commanding influence. The valua- 
ble reservations and provisions of the constitution in the interests 
of the people were largely the result of his broad, far-seeing 
mind and absolute integrity. The power reserved to the legis- 
lature to alter or repeal the charter of any corporation created 
by it was his work. 

He favored a limitation in the constitution of the right of 
suffrage to citizens of the United States who had lived in the 
state one year, only excepting those who resided in the territory 
at the time of the admission of the state. In the rejection of this 
proposal he was disappointed. With the experience of the state, 
it is not certain that at this day his advice would not be fol- 
lowed in that respect. 

Judge Dunn was a candidate for the United States senate in 
the democratic caucus of the first state legislature, but was de- 
feated by General Dodge. This disappointment, with the advent 
to power soon after of the republican party, terminated his 
political career. He was not a politician and knew nothing of 
the methods essential to political success, nor had he a desire to 
learn them. His manhood revolted against the scheming and 
trickery of the inveterate office-seeker. He lived and died in 
the Mississippi valley, never having seen the capitol of the 
nation, or either ocean which washes the shores of the republic* 
From the time Wisconsin became a state Judge Dunn lived 
quietly at Belmont and practiced law, meeting his clients for 
consultation generally in his country home, and traveling about 
the circuit in his own conveyance, attending the terms of court 

*In 1858 Judge Dunn was a candidate for Congress against C. C. Washburn, 
and in 1869 was induced to accept the Democratic nomination for chief justice of 
the supreme court and became a candidate against Luther S. Dixon. He was de- 
feated in both instances ; in the latter the vote was 65,683 for Dunn and 72.470 for 


in the different counties. It was during this period that the 
older members of the bar remember him, his associates prior 
to that time having all passed away. In those days hotel accom- 
modations were limited and inferior. Judge Dunn's room was 
always the best room in the best hotel of the town where court 
was in session, and was universal headquarters for members of 
the bar, no matter how distinguished or humble. Frequently 
every facility for seating his guests, even to this bed, would be 
taxed to the utmost capacity, and there the long evenings were 
spent in social communion, eminently satisfying to all, in which 
the judge was the principal actor. His hospitality was genuine 
and unlimited. Every worthy member of the bar had in him 
a friend. He had no use for the unworthy members of the pro- 
fession, and they instinctively knew it. 

During this period Judge Dunn was employed in many im- 
portant cases. He commenced very few of them, but was em- 
ployed to assist at the trial, and no more effective advocate has 
ever practiced at the Wisconsin bar. He was not demonstrative 
in argument. His strength consisted in the strength of his own 
convictions, beyond which he would not go, expressed in a quiet 
way, in plain but classic diction, and as forcible as language 
could be made. His character for integrity added force to his 
arguments with the court or jury. No one could withhold re- 
spect for the man. He was well-versed in the principles of the 
law, and was possessed of a mind proomiiiently analytical. 

While at the bar he paid little attention to the reported cases, 
never troubling with them except when they were thrust upon 
his consideration l)y his opponent. He was a great moral ]iower, 
untainted with falsehood m any form, and this power was di- 
rected by the most undaunted conrage. He was universally cour- 
teous and considerate in his intcrconrsc with the court and bar. 
If he had resentment to vent, a keen rapier wielded with a l)ow 
did the work more etfectiially than anger's bludgeon could have 
done it. Tho following incident will illustrate: 

Tlic jud,i::(' was llic atloriicy I'oi- tlic liusbaiid and dct'cndant 
in a divorce case in LaKaycttc county, wliicii cxcitcti great ])nb- 
lic interest and filled the court luuisc with spectators during a 
trial which consuni<'<i ncarlv two weeks. The slu'iilT was the 


late Major Kyle, a prince of good fellows, a great friend of 
Judge Dunn's, very polite and inclined to gallantry. It was 
noticed during the trial that whenever the fair plaintiff and her 
female friends who attended her came into the crowded court 
room the sheriff met them at the door and conducted them 
through the crowd to seats reserved for them, while the modest 
defendant was permitted, alone and unaided, to edge his way 
through the press to the side of his counsel. 

This annoyed Judge Dunn, but no one was aware of it until 
he commenced his plea to the jury. In opening he alluded to 
the sympathy for the wife which pervaded the court room and 
doubtless to some extent affected the jury. ''Even," said the 
judge, ''my friend. Major Kyle, has shown himself during this 
trial to have been affected by this insidious influence, and while 
the defendant, my client, has been permitted to make his way 
through the crowded court room to the side of his counsel, as 
best he might, the fair plaintiff with her numerous attendants 
has been met by the gallant sheriff at the door of the court 
room, and conducted by him to seats reserved for them, in a 
manner which seems to say : here comes the distinguished plain- 
tiff and her retinue, make way before them." The jury and 
spectators appreciated the point, and Major Kyle's pride re- 
ceived a severe blow from which it took him some time to 

Personally, Judge Dunn was large and stalwart, capable of 
great endurance. He was fond of hunting in his early and mid- 
dle life, when the country abounded in game. The wound he 
received in the Black Hawk war made him a little lame ever 
afterwards. His gestures while speaking were very peculiar, 
consisting exclusively of movements of the hand and forearm, 
the arm above the elbow remaining stationary. 

An inveterate old litigant of Grant county, who knew the 
judge well and had felt his great power with a jury frequently, 
said of the judge's only gesture that it reminded him of a 
"pump-handle." He had, however, the greatest confidence in 
the "pump-handle" and its worker when enlisted on his side of 
a case, and the greatest fear of the combination when enlisted 
on the side of the opponent. 


The course of Judge Dunn was marked. The following inci- 
dents as described by the pen of the late Moses M. Strong will 
illustrate : 

''In 1836 an atrocious murder had been perpetrated in Grant 
county, and the person charged with the crime committed to jail 
to await the action of the grand jury. He was brought before 
Judge Dunn upon a writ of habeas corpus, who, after a full 
investigation, admitted the prisoner to bail, which be obtained 
and was set at liberty. The inhabitants in the vicinity of the 
murder were very much incensed, and assembled in large num- 
bers, with the avowed intention of lynching the accused, who 
only saved his life by flight. His sureties were also compelled 
to leave the territory at the hazard of their lives. The mob, in 
which were some very respectable citizens, also passed a reso- 
lution (of which they notified the judge) that if he attempted to 
hold another term of court in that county, it would be at the 
risk of his life. 

' ' On the day appointed for the holding of the court, the judge 
appeared as usual, without guard or escort, as calm and undis- 
turbed as though he was entirely ignorant of the menaces of the 
mob, many of whom, as he knew, were in attendance, and, with- 
out having even spoken to any member of the bar or to the 
sheriff of the danger with which he was threatened, he took his 
seat upon the ])ench, with his accustomed quiet dignity, and 
ordered the sheriff' to open court. It was observed that he took 
with him to his seat his saddle bags, and placed them immedi- 
ately by his side. This was his arsenal. The firm, determined 
and resolute purpose of the judge to hold court at that time 
and at that place, in despite of all threats of personal violence, 
was so unmistakably developed in every lineament of his un- 
blanched features that all appearance of mob violence was ef- 
fectually subdued. The sheriff opened court, and its business 
proceeded in the usual orderly manner." 

This occurrence brings to mind llic case of the prosecution of 
Vineyard of Grant county, U)v the killing of Arndt, in the terri- 
torial council chanilxT in Madison, on the lllli day of February, 
lS4-_'. Tlic (|uaiTcl arose over the conlirniation by tlie council 
of the nomination of one Baker as sheriff of Grant county, nuide 


by Governor Doty, which Vineyard opposed and Arndt favored. 
In the heat of debate Vineyard in effect charged Arndt with 
falsehood, which charge Arndt, immediately upon the adjourn- 
ment of the council, demanded Vineyard should retract. This 
the latter refused to do, and Arndt struck him one or two blows 
with his fist. Vineyard thereupon shot Arndt with a pistol, kill- 
ing him instantly. 

The public was instantly excited over the event, which was 
the more terrible from the fact that Arndt was shot down in the 
presence of his aged father, who was then visiting him. Preju- 
dice ran very high against Vineyard, and, on the 14th of Feb- 
ruary he was expelled from the council by a vote of ten to one. 
He remained in jail at Madison until the 10th of March, when he 
was taken before Judge Dunn on a habeas corpus at Mineral 
Point, when, after a thorough examination of the facts, the 
judge admitted him to bail in the sum of $10,000. 

Here again Judge Dunn was severely criticized, and Charles 
Dickens, the novelist, who was then in America, and incidentally 
engaged in collecting material for his "American Notes," sub- 
sequently published, refers to this action of Judge Dunn's as an 
incident showing the reckless disregard of life in this country. 
The judge's course was, however, subsequently vindicated by 
the acquittal of Vineyard by a jury of Green county, where he 
was tried. 

Much has been said about the trial of Vineyard. The senti- 
ment of the time attributed Vineyard's acquittal to the match- 
less eloquence of his counsel, the late Moses M. Strong, of Min- 
eral Point; and, as in those days the standard of an advocate's 
moving power was supposed to bear a close relation to the 
quantity of liquid stimulant imbibed, it was said that Mr. Strong, 
during his plea to the jury for the accused, frequently regaled 
himself with whisky diluted with water. A statement of the 
kind was pul)lished in the New York Tribune. 

Mr. Strong, however, later in life, when the events of the trial 
could be dispassionately referred to, repudiated the idea that he 
addressed the jury while intoxicated to any extent, and stated 
the fact to be that the result of the trial was brought about in a 
manner more consistent with the experience of the lawyer ot 


today, and much more in keeping with the prevailing character- 
istics of j\lr. Strong, whose indomitable energy and attention to 
details all who knew him well must acknowledge, and that hard 
work before the trial rather than stimulant accomplished the 

Mr. Strong is authority for the statement that his agents, for 
months before the trial, traversed Green county, adroitly elicit- 
ing from different individuals their views as to the degree of 
personal insult which would justify the taking of life. The in- 
formation thus obtained enabled Mr. Strong to pass or excuse 
jurors as the interests of his client required. The population 
of Green county at the time was less than 1,600, so that the 
number of ([ualified jurors in the county did not exceed 300. 

In presenting to the supreme court the resolutions adopted at 
a meeting of the bar of the state, held not long after the death 
of Judge Dunn, E. G. Ryan (so soon to join his great con- 
temporary) said: "It was Judge Dunn's lot in life to fill many 
stations— professional and lay, executive, legislative and ju- 
dicial. So far as I know, or have been able to learn, these 
sought him rather than he them. He certainly intruded him- 
self into none of them. There was a modesty in the man which 
was rare in his generation. I think that his own estimate of 
his powers was below, not above, the estimate of all who knew 
him well. And he was a thoroughly earnest man. He filled all 
his offices with a singular fidelity and zeal, as if each in its turn 
were the chief end of bis lilV. 'I'o say that lie filled them with 
ability would be but faint piaisc. lie did not a<-liieve success in 
them by just escaping failure. Jle was a faithful officer; his 
offices \v<'rc never below him, but he was above them. None of 
them ga\'e opportunity of showing all he was, of calling out the 
strength tiiat was in him. TIicn wci'c all respectable, some of 
them high; but his intellect, his culture, iiis general capacity 
towered far above any station he ever occupied. We mourn for 
the untried powers which die oul of the world with the young. 
Let us niouin l"<>i' the world when it sulTers gi-(>;it powers to die, 
unused in its service, with tiie old. 

"In his life Judge Dunn saw many men around him reach 
stations wliicii iu? did not reach. Some of them rose worthily 


and usefully. Some rose only to show their unfitness. With 
like pliancy or like artifice he, too, might have risen where his 
inferiors rose. But he was above these, and, standing below on 
the solid level of his own life and character, he ranked the supe- 
rior of most and the equal of any of his contemporaries. He 
might have ennobled many positions filled by them— none of 
them could have ennobled him. 

''His character was solid, strong and resolute, but not stern 
or harsh. His stronger qualities were softened by great sense 
of humor and kindness of heart. He was generous and trustful 
to a fault. His foibles, for, like all born of woman, he had 
them, all arose from his genial character, the warmth of his 
heart and the kindness of his temper. Strong in character 
among the strongest, he was, in carriage and manner, gentle 
among the gentlest. His culture was of a high order, in and 
out of his profession. His knowledge of men and things, of the 
world and its ways, was profound. There were singularly com- 
bined in him the sagacity of a man of the world and the per- 
sonal simplicity of a child. His sense of self-respect was uner- 
ring, and never deserted, never betrayed him. It is little to say 
that he was the soul of honor. He could be nothing that is false 
or mean. He did not know what treason was. That which he 
believed, that which he loved, that to which he gave his faith, 
were parts of himself. He could not desert faith or friend or 
duty, without betraying his own life. Dishonor in him would 
have been moral suicide." 

David Irvin 

Judge Irvin succeeded Judge Doty as judge of the new court 
created by Congress as a part of the judicial system of the ter- 
ritory of Michigan. His birthplace was in Albemarle county, 
Virginia, about 1794. His parentage was Scotch-Irish, his father 
being a Presbyterian minister and a teacher of the dead 
languages. As a practitioner in the Shenandoah valley, Vir- 
ginia, Mr. Irvin did not meet with marked success. In 1837 
President Jackson appointed him as judge of the court men- 
tioned, and subsequently, on the organization of the territory of 


"Wisconsin, appointed liim as associate justice of the territorial 
supreme court. In the preface to Vol. I of his reports of that 
court Mr. Pinnev (now justice of the supreme court) says of 
Judge Ii^in: "He was not considered a profound lawyer, but 
with a strong vein of practical common sense and a natural love 
of justice, after hearing the arguments and examining the au- 
thorities, he was generally enabled to give correct and satisfac- 
tory decisions. He had a retentive memory and was a close and 
discriminate observer, which enabled him to accumulate a vast 
stock of information of a practical character and of much minute- 
ness. He had a keen relish for lield sports, and felt a particular 
interest in his horse, his dog and gun. 

"He detested all vices, and in that respect was an exemplar 
worthy of all imitation. For his social virtues he stood high 
with the bench, the bar and the people. The discharge of his 
judicial duties always seemed irksome and disagreeable to him, 
and he ]iassed no more of his time in Wisconsin than was neces- 
sary to hold his courts, and was as much a citizen of St. Louis 
as Madison— of Missouri or Virginia as Wisconsin. He al- 
ways preferred southern society, and as soon as his term of 
office was ended he went to St. Louis, where he remained some 
time, and subsequently went to Texas," where he made large 
investments in wild cotton lands, which brought him wealth. He 
continued to reside there during the civil war and supported the 
Confederate cause. His death occurred June 1, 1872. 

Kdwin E. Bryant, in his contribution to the Green Bag (X'ol. 
9, page 27) on The Supreme Court of Wisconsin, relates these 
incidents of Judge Irvin: Among the traditions of Green county, 
wliere he sometimes held the term, it is remembered that he 
would jidjouni court at a moment's notice to go shooting chick- 
ens, lie used to >;iy that "his horse, Pedro, Iiad more sense 
than any iawyci- in his court." lie was in the habit of consult- 
ing .Mr. Whiton l)efore deciding a cause, to get an idea of what 
the law was. It is recorded that in IS41 he gave the r<»llowinij: 
charge to a J 11 i"V : "It appeals fidiii the evidence that the plain 
tifT and delVndant in this action are brothers in-law. On the 
Wabasii river, in Indiana, they associate*! tln'inselves together 
for the purpcse of swindling their neiglil)ors. Not content with 


that, they got to swindling each other, and I am like the woman 
who saw her husband and a bear fight. 'Fight husband, fight 
bear, I don't care which whips.' And, gentlemen of the jury, 
it is a matter of indifference to me how you bring in your ver- 
dict." Five minutes after the jury had retired the sheriff was 
instructed to see if they had agreed. Informed that they had 
not, he immediately ordered in the jury and discharged it. 

Another incident of him was told by Andrew E. Elmore, well 
known in the state for half a century as the "sage of Mukwan- 
go." In a speech in the legislature, to illustrate the uncer- 
tainty of the laws, he said that he once had a case on trial 
before Judge Irvin. The case seemed very clear for him, and 
the jury brought in a verdict in his favor for the amount of the 
claim. Just then, as the winner of the suit sat in the bar with 
his counsel, the judge's dog "York," became annoyingly fa- 
miliar, and he unluckily gave the dog a kick, which caused a yelp 
to reach the master's ears. The judge's brow instantly grew 
dark and he set the verdict aside. 

William C. Feazer 

President Jackson appointed William C. Frazer, of Pennsyl- 
vania, an associate justice of the supreme court of the territory 
on the organization of the latter in 1836. But little is known 
of the career of Judge Frazer, except that he held that office 
to the time of his death, which occurred at Milwaukee, October 
18, 1838, aged sixty-two years. It is said of him in Vol. I, 
Pinney's Reports, that "His career in Wisconsin was so brief 
and unimportant that Imt little is now remembered of it beyond 
the anecdotes found in the published collections of the Wiscon- 
sin historical society, except that which is in a great degree 
traditional. The only written opinion given by him in the dis- 
charge of his judicial duties, of which there is any trace, will be 
found in the report of the case of the United States vs. Mau- 
zau-mau-ne-kah (I Pin. 124), who was indicted, tried and con- 
victed before him at Green Bay for the murder of Pierre Pa- 
quette, the interpreter of the Winnebago nation of Indians. 

"At the time of his appointment he was considerably ad- 


vanced in years, and his intemperate habits rendered him unfit 
for the position, though it is said he had been a lawyer of aver- 
age learning and ability." 

Strong's Territorial History* gives a more detailed account 
of Judge Frazer's first terms of court, and that account varies 
a little in one particular from that already quoted: "On the 
22nd of May (1837) Judge A\'illiam C. Frazer held at Depere 
(near Green Bay) his first term of court, which continued until 
the 30th of May. No civil cases were tried in conseciuence of 
the disarrangement of the records and papers. The criminal 
calendar, however, was generally disposed of." Mention is 
made of the trial of the Indian before referred to, and of the 
fact that he was defended by John S. Horner, who was appointed 
by the Court for that purpose. The cases of Amable Carbonno, 
for the murder of his wife, and of two Indians for the murder 
of Ellsworth Burnett, were transferred to Milwaukee County 
for trial. Josei)h Dutcher was convicted of burglai'v and sen- 
tenced to seven years solitary imi)risounient in the county jail 
at hard work and a fine of one hundred dollars. John O'Don- 
nell was convicted of keeping a disorderly house and selling 
liquor to an Indian, and was fined fifty dollars for the first of- 
fense and one liuiidred for the second. Judging l^y newspaper 
comments. Judge Frazer's first appearance on the bench in 
Brown County was highly cieditable, and in marked contrast 
with the manner in which his judicial l'nn<*tions wci-c subse- 
quently performed. 

"Judge Frazer's first term of court at Milwaukee was held 
on the 14tli of.linu? (1837). The two .Mcnonionee Indians, Ash- 
(».(.(). |)o-rna and Ash i> wa. indictcil in P)i()\vn Connt;. for the 
murder of Kllsworth r.iiiiK'll. (»n tlif hank of l\ock ri\('i-, in the 
month of \(tvcnil)cr, IS.",.'), were tried. Their trials were sep 
arate. The counsel for the prosecution was W. \. (iardner, Dis- 
trict .\ttorney, and Hans Crocker; for the defense, II. X. \V(»lls 
and .1. I'!. Arnold. 'I'he jury returned a verdict of guilty against 
AKh-e-co-bo-ma, tin- fatliei-, who was sentenced to be hung on the 
first day of Septenihei-. A n«»l pros, was entered by the District 
Attorney, by the advice of the Court, in tile case of the younger 

•P.IRC 249. 


Indian. Amable Carbonno, indicted for the murder of his wife 
in Brown County, was so reduced by sickness and long confine- 
ment that he had to be brought into court on a bed, in which 
condition he was tried. The prosecution was conducted by F. 
Perrin and J. E. Arnold, and the defense by Henry S. Baird. 
He was found guilty of manslaughter and sentenced to ten 
years imprisonment in the common jail of Brown County, and to 
pay a fine of one thousand dollars. The sentence was super- 
seded by his death, which resulted from his disease within twen- 
ty-four hours after rendition of the verdict." 

A fuller account of Judge Frazer's judicial career in Wiscon- 
sin than is known to exist elsewhere is given by Joshua Stark 
in the "History of Milwaukee County." Judge Frazer opened 
his first term of the district court in Milwaukee county, June 14, 
1837. He was a resident of Pennsylvania at the time of his ap- 
pointment and never removed to the west. Although a man of 
fair aljility and many years experience as a lawyer, he had 
fallen into intemperate habits and his health, both physical and 
mental, had become seriously impaired by excesses. He was 
sixty years old and nervous, impatient, arbitrary, and often 
harsh, overbearing and offensive in his judicial conduct and in 
his treatment of the members of the bar. The few lawyers who 
appeared before the Judge at his first term were nearly all 
young men, but men of unusual ability and preparation for pro- 
fessional life. Leaders among them were Jonathan E. Arnold, 
of Rhode Island, a graduate of Brown University, and John R. 
Tweedy, of Massachusetts, who had been graduated from Yale 
College. Both of these gentlemen had taken up their residence 
in ^lilwaukee in 1836. The first term lasted but two weeks. In 
November, 1837, the second term was held, at which the disa- 
greeable traits and habits of Judge Frazer were so emphasized 
as to arouse a general feeling of disgust, and to induce the bar 
and many citizens to exert themselves to secure his removal. A 
committee was appointed to wait upon him and request his 
resignation, which he refused in offensive terms. The following 
winter was spent by the Judge at his home in Pennsylvania; 
but in June, 1838, he reappeared and held the term. Little bus- 
iness was done. There was no confidence in the court or in 


judicial proceedings as conducted by the presiding judge. In 
September, 1838, the report l)ecame current that Judge Frazer, 
in a card adressed to the publisher of a Green Bay paper, had 
announced his intention to resign his office, to take effect Octo- 
ber 2nd, "according to a determination long since made." 

The satisfaction felt and freely expressed by the bar and peo- 
ple of Milwaukee at this welcome news was short-lived. For 
some reason the Judge changed his plans, and on the 14th of 
October, 1838, returned to the city by steamboat from Buifalo 
via Chicago, intending to hold the fall term of court. The 
passage had been very rough and his weak and debilitated frame 
could not endure the excessive strain of illness and fatigue to 
which he was exposed. He was taken on shore in a dying con- 
dition, and on the 18th of October, 1838, died. 

Many stories are told of eccentric orders and judgments of 
Judge Frazer, which, if authentic, would fully justify the charge 
of gross unfitness for the office he held. The records of the 
court while he was Judge show no trace of these singular pro- 
ceedings. On the contrary, they indicate a strict regard for 
judicial forms and proprieties. This is perhaps largely due to 
the fortunate circumstances that the clerk who kept its records 
during this time — Mr. Cyrus Hawley— was a man of superior 
intelligence and carefulness in the discharge of his duties. 

A somewhat peculiar judgment entered by .Judge Frazer at 
his first term, in a criminal case, would seem to indicate s])ecial 
solicitude for the lights of the accused. An Indian named 
** Ash-e-co-ho-ma" was tried I'oi- nmrdcr, convict('(l and sen- 
tenced by the Judge to be exccutcMl on llic fiist ol" Sej)tember, 
1837. Ash-e-co-bo-ma and another were next tried for an as- 
sault with intent to kill, and botli wetc convicted. Fiach was 
senteiicecj lo paN' a line ol' tlii-ce hundred dollars and the costs 
of the |jrosecution, "and he inii>i-isone(i hy solitar>' inijjrison- 
nient in the connnon Jail of the county of Milwaukee for the full 
term of five years fi-oni this date;" hut the Judge cai-efully 
j)i-o\*ided against double punishment by adding as pai't of the 
sentence, "'l"he latter seiilenc*' to go into elTect in the case of 
Asli-e-co-bo ina if he is |)ai-<lone(| on tlie sentence |)i-eviously 
pronounc^ed for nmider hy his FiXcelleiicy, the (lovernor." The 


first day's proceedings in Judge Frazer's court included the 
admission of Henry S. Baird, Hans Crocker, Augustus Story, 
Marshall M. Strong, Nathaniel F. Hyer, William N. Gardner, 
John P. Hilton, John H. Tweedy, Rufus Parks, Franklin Per- 
rin, Horatio N. Wells, Jonathan E. Arnold, John Hustis, and 
William Campbell, as attorneys. The Grand Jury was com- 
posed of William A. Prentiss, foreman; Everson P. Mayward, 
Allen 0. T. Breed, Samuel Sanbourn, Benoni W. French, Samuel 
Brown, Samuel Hinman, James H. Rogers, William B. Shel- 
don, Pleasant Field, James Sanderson, George Bowman, John 
T. Haight, Calvin Harmon, George S. West, Alamon Sweet, Ben- 
jamin H. Edgerton, Henry M. Hubbard, William R. Longstreet, 

When the testimony on the trial of Ash-e-co-bo-ma for murder 
was all in. Judge Frazer took out his watch and, noting time, laid 
it upon the table, thus adressing the lawyers engaged for the 
prisoner: "I will give you fifteen minutes each to make your 
arguments to the jury in this case, and no more." Vainly did 
they protest against such tyranny. Mr. Arnold had hardly en- 
tered into the first of his argument when time was called. He 
and Horatio N. Wells were each allowed ten dollars by the court 
for defending the case. 

During the course of the term the following, in addition to 
those already mentioned, were admitted as attorneys : Eras- 
mus D. Phillips, William A. Frazer, John Richards, Eliphalet 
Cramer, Clinton Walworth and Aaron Woodman. With the 
latter the court had some trouble. On the record on the 20th 
of June it was "ordered by the court that Aaron AVoodman 
take his seat, and he replied that he would not. Ruled: That 
he show cause for contempt of court, returnable at ten o'clock 
to-morrow morning. Serv^ice acknowledged by said Woodman 
in open court." 

U])on calling court the next morning the first business was the 
matter of "contempt;" and Mr. Woodman was called upon to 
answer. Thereupon a member of the bar arose, and calling 
attention to a petition held by him, asked leave to read the same, 
which was granted. The petition was signed by "Rufus Parks, 
Chairman," and "J. E. Arnold, Secretary," and read by the 
former. It expressed that the subscribers, members of the bar 


of Milwaukee coimty, believed that the difficulty arose from a 
mi.sapi)reheDsion iu the mind of the court, and the statement of 
facts, drawn up and unaimously agreed upon at a regular meet- 
ing of the bar, at which all the members were present, and which 
were given was, iu brief, that the language which the court 
thought Mr, Woodman had addressed to it was directed to a 
brother lawyer. The petitioners asked that the offensive words 
be expunged from the records, and that the rule made in conse- 
quence thereof be discharged. 

The following is an account given concerning Judge Frazer's 
conduct on his first arrival in Milwaukee. "The Judge reached 
Milwaukee in June, 1837, on a Sunday evening, from holding 
court in Green Bay. He i)ut up a small hotel, then kejit by a 
Mr. Vail. He at once fell in with some old friends, wlio invited 
him to a private room for the purpose of having an innocent 
game of poker. There were in the i^arty, besides Frazer, an 
United States official connected with the land office, and two or 
three others. They commenced playing for small sums at first, 
but increased them as the hours passed. By the dawn of the 
next morning small sums seemed beneath their notice. The 
early hours were heralded to them by the ringing of the break- bell. The Judge made a great many apologies, saying, 
among other things, that as this was his first api)earance in the 
t<^rritory (.Milwaukee), and as his court opened at ten o'clock 
tiiat morning, he must have a little tijne to prei)are a charge to 
the (Jrand Juiy. IFe tlierefoic hoped they would excuse liim 
whirl) tlie i-esidii(. of the pait\ (TkI. and lie withdrew. 

"Tlie court met at the appointe<l hour, Owen .Mdrieh acting 
as sheriff and Cyrus Hawley as <'lerk. Tlie (iraiid .hiiy was 
called and the inembers sworn. 'I'lic .ludge, with jjiiich dig- 
nity, cojiiiiieiiccd his chai'uc; and -eldom. pci'liaps, was there 
such a charge given from the bench. .M'ler dwelling ujton sev- 
eral laws that it was thontrht neccssmy and propei- to call their 
attention to he alluded to the stalnic against ganiblin-j:. The 
Knglish language was too harrcn lo describe his al)hoire!icc of 
tliat crime. He said thai a gambler was unfit for earth, heaven 
or hell, and '(fod Almighty wonM eviMi sliu<Ider at the sight of 
one.' " 

The College of Arms of Canada 

[From Canadian Archives and Diplomatic and Parliamentary 

THE Seigneurial Court and College of Arms of Canada 
commence with the first commission granted by the 
King of France, Francis 11, to the Marqnis de La 
Koche, the first Governor, that the lands of Canada 
shall be conceded in fiefs of duches, Marquisates, counties, vis- 
counties, baronies and other seignories to the members of the 
noblesse, military oflScers— as well as to other men of merit 
admitted to the noblesse— on condition that they consent to 
"hold the country in tuition and defense." This conmiission 
made it necessary to keep the records of the nobility, (the mili- 
tary order, the magistracy, and the men of merit) who were 
endowed with these fiefs, and this registration constitutes the 
beginning of the College of Arms of Canada. It made neces- 
sary also the consultation of those thus registered in the Col- 
lege of Arms on ''the tuition and defense of the country" with 
which by the King they had been endowed ; and this constitutes 
the beginning of the Seigneurial Court of Canada. It is plain 
to see that in the absence of the King of France, and of his 
chosen representative, the representation of the Crown of France 
in the country vested in the Seigneurial Court, or assembly of 
the Noblesse. This condition was well recognized under the 
ancient regime, because during the absence of the King's gov- 
ernor on several occasions the administration of affairs passed 
to the Baron de Longueuil who was the premier Baron of Can- 
ada and therefore chief of the Corjforation of the Noblesse 
whose assembly constitute the Seigneurial Court. Again, when 
the Kings of France did not send governors from France they 
chose their governors from the Seigneurial Court or Corpora- 



tion of the Noblesse, of which examples the D'Ailleboust Re- 
pentigny, Iberville, Bienville, and X'nudroiiil, names attest icith 
iirrt r an example to the eoitrari/. 

In 1()7l* the Count de Frontenae, Koyal Governor, to obtain 
the sanction of the administration from those in the country who 
had the "tuition and defense" thereof, assembled the Noblesse, 
the Bourgeoisie and the Clergy in the States-(}eneral of the 
Province Cenv()<iued to meet in the chapel of the Jesuits at 

The consent of the Corporation of the Noblen^st (whose as- 
sembly constitutes the Seigneurial Court) was necessary for 
the transfer of Canada from the Crown of France to the Crown 
of P^ngland on account of its i)artici]>ation in the sovereignty 
of the country. For this reason the Seigneurs are mentioned in 
the 37tii Article of the Capitulation of Montreal of 17GU signed 
by the Marquis de Vaudreuil, for the King Louis XV and agreed 
to by Sir JelTrey Amherst for the King George II L In this 
article the Seigneurs are to retain all their [)rivileges, rights and 
goods as under the Crown of France. This obligation was main 
tained in the subsecjuent Treaty of Cession of Paris of 176.'^ in 
the Clause that the King of Great Britain binds himself to 
ol)serve the treaties and obligations regarding Canada wbich 
had lieeii c<»iitracte<| by the Kings of I'^iniice. his i>i-e(lecessors. 
And that he inherits the sovereignty of the count ry in the same 
manner tliat it had been held by the Kings of France; that is 
with the ( "orjtorat ion uj" the Xohlesse as the local factor thereof". 

When ( 'anada was ceded liy tlie Kinu' of i''rance to the King 
of (ireat ]>ritain l>y the terni> of the Treaty of 17r).{, tlu' govern- 
ment of Great P.ritain found the Xdhh-^se in Canada \o Ite the 
prime factoi- nf the constitution and the legitimate power of 

The R<*port of (ieneral .Murray, first liritish Governor of (^bie 
bee to tile liritish (lovernnient in 17<).'{ (French edition, constiln 
tional Docmnents, ('ana<lian Archives, p. 14) described the di 
viHJons of the people accdrdillLT to the constitution, thus: 'j'lie 
Canadians are classed in four cati-gories: 

1. "The superior I'lass termed tlie NobjeKse." 

L'. "Tiie Clergy." 


3. ''The Merchants, commercial class, the Bourgeoisie." 

4. "The peasants, called here, the Habitants." 

"The Noblesse are those descended from Qjfficers, Military 
and Civil, who established themselves in the Colony, and who 
held in the troops of the Colony those offices which pennitted 
them to exist— The Nobles are generally poor except those 
who have held command of stations— The decoration of the 
order of St. Louis is considered by them of greater value than 
material wealth. They are very proud and look with contempt 
on those pretentions of the commercial class which are founded 
on money." 

Ju the report of General Burton, British Governor in Three 
liivers in 1762 (ibid, p. 47) he wrote thus:— "The Seigneurs 
in virtue of their original right have the power of naming the 
judges a'^d of the administration of justice in their own dis- 
tricts 6' <n in cases of capital accusations." 

In th^ preface of Tanguay's Dictionnnirc Gcnealogique du 
Cariada it is mentioned that official api)ointments in Canada 
Military and civil were reserved for men of honourable birth 
and education. 

In Palfrcif's Ilistorif of New England it is stated that under 
the Royal regime before 1788, the "Magistray was reserved for 
men of quality." In Raper's Histori/ of North Carolina, San- 
born's Historii of New Hampshire and in the Historical Col- 
lections of South Carolina, and "History of New York" it 
declares that under the Royal Regime (before 1783) the official 
list Military and C\v\\ was reserved for the gentry and men of 
family and education. In the filing of old ])etitions for official 
commissions during this regime there is scarcely a document 
that does not mention the honorable family antecedents of the 
applicant. It was because from a remote period all official ap- 
pointments had been the "Apanage" of the aristocracy and the 
reference to family distinctions on the part of the applicant 
was ke]>t u|) during the ancient Royalist Regime as an influ- 
ential accessory to the a))i»li''ants other reconnuendatious. These 
ver\' requirements were im))ediments under the succee<ling dem- 
ocratic and parliamentarian regimes in the British Colonial 
Empire, in France (Republican) and in all other states where 


democratic prejudices had a proponderatinu: influoiico. Tn a 
recent (Jubernatorial electiou in South Carolina the opposing 
candidates rivaletl each other in chiiniin^ a vulirar origin as a 
rtvomendation for the poi)uhir vote. Tlie same occurs in mod- 
ern husiness afTairs where syco))hancy. cliicanery, and commer- 
cial trickery have endowed a class witli ])luticiatic power that 
has neither honorable antecedents nor n()))ility of character. 
Feuillee in his '' Psyclwlogie des peuplcs Europeetia" says, that 
in modern Knirland (since ]9.{){)) *'eac]i new ministry on retirinc: 
leaves a lot of rich vul.irarians elevatecl to the c<)ndition of 
Lords, while the Aristocracy of the three kingdoms retires 
further into the background." Cuclieval-Claringy says of Re- 
publican France: "The democracy has a hatred for natural 
>uperiority and endeavors to crush it out." 

Maclntosli of (Jeorgia says of the American democracy: 
**The vennin of the j)eople have driven out the better classes 
so as to rule alone." — Sal)ine's ''American Loyalists." 

In Canada which is the worst of all on account of the hypoc- 
racy of the people, and their organized envy and malice under 
two political parties wlio illustrate what Fmile Faguet (French 
Academy) says of democracy everywhere in liis book "Le Cult 
<le L'incompetence. " it is only ne<'essary to (|Uote from the state 
paper of (iovernor 11. S. Milnes, to the Duke of Porthnul ( ( 'a- 
nadian An-liives ls;»i.'. p. ;», Xov. L ISdO). "that unle>s the Aris- 
tocracy receive the <hie and legal recognition of their ritrhts of 
representation that the lower onh-rs of the piMipIc tlii-oiiudi their and unscrupulous leaders will make of the constitu- 
tion a dan^rerous weapon for the ostracism and destruction of 
the (lower of the population. It is for this reason that the same 
rule of judgment doe- imt appl>' now in ret,^•lrd to the estimate 
of those wlio Iiave suc<*ee(|ed in authority. Then it was the 
Aristocracy of liace the noblesse «le |{a<'e ill |M)\ver; now it 
is democratic an<i plutociatic mongrelism the canaille. It was 
(•n a<-count of this t'a.-t that in 17<'>" the oflu'ial li^t beinu; found 
by investitfation of the said doeiiments of application to be in 
contnd of members of the .\ri^t«M'racy. some of who^e members 
wen* without family arms that the ordinanc(> or Kdict of 17(>() 
bv the King and citnricil of j'rance (whir-h was the la^t incor- 


porated in the constitution of Canada under the French Eegime) 
declares that those ' ' officers of the military and civil list of this 
honorable ancestry not having Court- Armor, shall be admitted 
on application to the privilege of noblesse of the same, provided 
the arms designated and registered are not those of other fam- 
ilies of the same name with whom these have no kindred or 
connection. ' ' 

This Ordonnance at once endowed those Military and Civil Of- 
ficers who came over before 1760 and who were of honorable 
race and character with the rank and quality of nobles, as re- 
ported in General Murray's letter already quoted; they formed 
the first census of the country. They were entitled to receive 
Seigneurial preferment provided they had the means of fulfill- 
ing the requirements and were incorporated with the seigneu- 
rial Noblesse for nomination to the King's council in Canada. 

The Clergy was the next incorporation in the province and 
had also a representation in the Council and in the administra- 
tion of the parishes so far as ecclesiastical matters were con- 

The Bourgeoisie was the third estate of the country, consist- 
ing of merchants and proprietors, and it as a corporation had 
its representation in the Province. 

The peasantry was provided for in the baronies and towns 
where its members were laborers and domestiques. 

The rights and privileges of these various corporations of 
the Province are secured by the capitulation of 1760, Article 
45, declares: "The registers of the Superior council, etc.— 
and those of the Seigneurial Jurisdiction of the colony— shall 
he maintained in the Colony in the departments to which these 
registers belong." 

The continuance of the registers of the noblesse— or, as they 
are known to-day The College of Arms of Canada, is thus made 
an article of the constitution of Canada, guaranteed by the Kings 
of France and Great Britain. With the continuance of these 
registers is the continuance of their contained rights and privi- 
leges, as those of the first constitutional order of the Province 
immediately succeeding to the King himself. 

General Murray's report of the English then in the Colony 


quoted in Garneau's Historie du Canada (1763) states that they 
were ''Camp-followers, Valets, Barbers, Domestiques, and Ped- 
dlers, despicable from their birth and condition and not over nice 
in their honesty." These demanded a civil government accord- 
ing to the laws of England but in violation of the terms of the 
treaty under which the Crown of Britain had received Canada. 
This law of England dispossessed the French of their Language 
and law, the Clergy of their ecclesiastical authority, the noblesse 
of their rights, registery and jurisdiction. For this reason 
General Murray (who was Seigneur de Lauzon in Canada since 
the cession) who held this English rabble in great contempt re- 
fused to institute civil government and continued military rule. 
This rule enabled him to sustain the noblesse in its place, and 
the clergy and bourgeoisie as they were, while he and his mili- 
tary staff of gentlemen administered the rulership to the satis- 
faction of the French, but to the rage and hatred of the Eng- 
lish rabble in the country who wished to rule to the exclusion 
of all whom the treaty protected. 

The Noblesse still continued to hold Seigneurial Court at Mon- 
treal as a right independent of the government and inherent 
in itself. In 1766 this Court assembled under recognition of the 
British Government at Montreal and was presided over by the 
Seigneur Hertel de Rouville. 

Gov. Murray, through the multitudinous complaints of the Eng- 
lish rabble in the country, was recalled to the great regret of 
the ancient inhabitants who now saw themselves exposed to a 
civil administration, composed of this same rabble, whose chief 
officer had been an inmate of Dartworth Prison in England for 
fraudulent transactions. The government felt the menace of 
the Seigneurial Court held at Montreal and among the consti- 
tutional pajjers is found the following addressed to the British 
Ministry: ''A Lieutenant Governor is absolutely needed at 
Montreal since that town is situated in the heart of the most 
populous part of the Province— it is there who reside the most 
orpulent of the Clergy, and the greater part of the Noblesse so 
that it is there that intrigues and plots against us are most likely 
to be engendered." 

The germs of an alliance were here planted by the Seigneurs 


of Canada and the Scottish Cavaliers of the British Colonies 
that afterwards ripened into a complete understanding, with a 
re^^val of the Order of the Mountain Eagle, which was founded 
under Royal French recognition by Prince Charles Stuart for 
those families that rallied to the cause of legitimacy within the 
empire. All those called Jacobite titles have been enrolled un- 
der this order in the registers of the Noblesse or College of 
Arms of Canada and the Order within the Seigneurial Con- 
federation secretly invited Prince Charles Edward Stuart to 
raise his standard in America against the usurpation of the 
English Parliament and, to strike with the aid of the Kings of 
France and Spain for the establishment of a monarchy in the 
Western World. 

The effect of this secret confederation soon became appar- 
ent. Everyone of the 13 British Colonies of North America, 
beginning with Nova Scotia and ending with Carolina had 
received a charter from the Stuart Kings. These charters were 
now threatened by the parliamentary usurpation in Britain that 
insulted the colonial gentry in many places and refused to 
recognize their ancestral distinctions. 

Because of this secret understanding between the Scottish 
Cavaliers and their partisans and the French Noblesse in Can- 
ada the British ministry (Constitutional Documents) commanded 
the governor that, when the oath of allegiance be administered 
in Canada ' ' for the greater security of the government . . . 
and to end the hopes of the Pretender (Prince Charles Ed- 
wards Stuart) and of his partisans avowed or secret . . . 
this oath must be taken before persons commissioned by you 

. . . If any refuses to take this oath you will oblige him 
immediately to quit our said government." The Cavaliers of 
this Order of the Mountain Eagle wore the white Cockade and 
a badge of the Mountain Eagle. Their banner was a blue flag 
with G silver bars for the 6 provinces of Canada (Norenbege, 
Hochelaga, Standaconna, Carpunt, Baccaleos, and Acadia). 
With a feudal Coronet as a golden bend dexter. In 1767 the cheva- 
lier D'Ailleboust presided at the Seigneurial Court at Montreal, 
and the same year Gen. Carleton (the governor) sent the fol- 
lowing letter (27 Nov., 1767) to Lord Shelburne, British Min- 


ister, "As the Seigneurs exert a profound influence over the 
people. I transmit to you a statement of the condtion of the 
noblesse in Canada, indicating as nearly as possible the age, 
rank and actual residence of the nobles. You will here find the 
names of those who have returned to Prance and who from 
youth have served in the colonial troops, are familiar with the 
country and w^ith the inhabitants and have acquired an influence 
that is equal to that of the nobles in the country and occupy- 
ing the same rank. It follows that there must be a hundred 
of these officers actually in France; ready to depart in event of 
war for a country which know perfectly and whose people they 
are able, with the aid of certain troops, to arouse in arms against 
us. It appears that there remain in the colony not over 70 of 
those officers who have served in the colonial troops. The King 
has not a single one of these in his service and not one of them 
could be induced under any consideration to defend the govern- 
ment and authority of His Majesty. They are gentlemen who 
in becoming subjects of His Majesty have at least lost their em- 
ploy, and considering that are not bound by any charge of 
confidence, or that brings any profit; we but abuse our good 
sense in supposing that they will devote themselves to the de- 
fense of a nation that has cheated them out of their honors, 
Hheir privileges,' their revenues and their laws (ibid, p. 17 Vo)." 

It has been seen that the parliamentary usurpation, working 
with the dregs of the people, was displacing the Orders of the 
Province in Canada for its own peculiar partisans there; re- 
gardless of the constitution and the law. Dec. 27, 1767, Carle- 
ton wrote again to the same minister, for he saw that the No- 
blesse, through its Seigneurial Court, was privately arming in 
defense of the Constitution against this outlawry. He reminded 
the Minister that "Canada is held only on certain conditions," 
that "The system of laws maintained in the colony a just sul)or- 
dination of the various social classes from the most elevated 
rank to the humblest. This spirit of subordination has main- 
tained a perfect harmony among them which they have enjoyed 
until oiir ( English) arrival, and has preserved to the Sovereign 
the loyalty of this distant Province." 

If proof were needed none better could be held of this Kng 


lish attempt to deprive the Noblesse of their representation, to 
ostracize them from positions in the state and of a general ten- 
dency to undermine the entire constitution of the country. The 
Constitutional Documents of Canada are full of proof of par- 
liamentary trickery and tyranny in the country with never an 
instance of the Sovereign awaking to the fact that, at least in 
Canada, he had as remedy for such disorder the inheritance by 
Treaty of the Prerogative of King Louis XIV. 

The arming of the Seigneurs continued. They held another 
Seigneuriel Court at Montreal under presidency of the Baron 
de Longueuil. Their diplomatic agent was the Seigneur Char- 
tier De Lotniere. They agreed that a further continuance of this 
treatment absolved them from their allegiance to the British 
Government, The Comte de Grasse, admiral of France, at their 
wish, and the Mountain Eagles' solicitation secretly visited 
the country, and on his return to France, reported that the land- 
ing of 10,000 French troops with 20,000 stand of arms for the 
inhabitants would be sufficient force to wrest the country from 
England's broken faith. 

But on further debate in the Seigneurial Court, they deter- 
mined first to send their ultimatum to England. Lotbiniere was 
charged to present it with demand for full and entire reaffirma- 
tion of their rights. It states (Const. Doc, p. 370) '^The property, 
rights and privileges are accorded Canadians in so far as is in 
connonace with their allegiance to the Crown and parliament 
of Great Britain. Is it to be understood by this condition, ex- 
pressed in terms so general, that they may be deprived of a part 
of these rights and privileges? That is not a reasonable sup- 
position, since the whole is assured without any exception from 
the moment when they became British subjects." This decla- 
ration was supported before the Houses of parliament by Solici- 
tor and Attorney General Norton in the words: ''I conceive 
that the definite Treaty which has been signed by the King and 
approved by both Houses of Parliament can not have such con- 
struction put on it that would dishonor the Crown and the Na- 
tional Faith." 

Under this pressure, supported by the Royalists and threat- 
ened with a war in the American Colonies, and with France, par- 


liament was brought to its knees in a confession of wrong and 
passed the Quebec Act of 1774 which terminates in these words : 
' ' Considering that the dispositions announced in said Proclama- 
tion (for English law in Canada) regarding the Civil govern- 
ment in the Province and that the power and authority con- 
ferred on the Governor and other officers, by experience has been 
found incompatible with the condition of said Province . . 

. whose inhabitants . . . enjoying an established Con- 
stitution and system of laws by which their persons and their 
property have been governed for a long series of years since the 
first establishment of said Province. . . . For this reason 
it is decreed that anything found contrary to the said customs 
established by the Kings of France and the Treaty of 1763 and 
the reaffirmation of this Act are hereby revoked, annulled and 
made void after the 1st day of May, 1775." 

There was a clause added that "No change can be made in 
the condition of said Province without the consent of the inhab- 
itants (representing the King of France in the Treaty of Ces- 
sion) and the governor (representing the King of England)." 
And the inhabitants representing the Crown of France in the 
country according to Gen, Murray's letter, already quoted are 
I the Noblesse, II the Clergy and III the Bourgeoisie. 

Any change made without the consent of each one of these 
Orders of the state in their separate, corporate capacity, is ipso 
facto null and void. 

Being thus as they imagined fully restored to their constitu- 
tional rights and privileges, the Noblesse of Canada informed 
the Crown of France that they were obliged to remain loyal to 
their allegiance to the British King, thus awakened to "uphold 
the honor of his Crown and the National Faith." But the 
French peasantry in the country were disaffected as well as the 
English rabble. Gov. Carleton wrote three letters on this to 
the British ministry in each of which he showed the great aid 
given by the Noblesse and the Clergy to sustain the Crown au- 
thority and to the disaffection of the peasantry. In this con- 
dition and in spite of the disaffection of the English rabble un- 
der Lymburner and the French peasantry's sympathy with the 
threatened American invasion, (1775) the Noblesse girded on 


their swords, and led by the Baron de Longueuil and Col. Pi- 
cote de Bellestre arrested Montgomery's advance at Ft. St. John 
and kept his army struggling all summer in the marshes of the 
Richlieu so enabling Gen. Carleton to fortify Quebec City for 
the later encounter of the foe. It was the efforts of the No- 
blesse alone that saved Canada to the Crown in this war of 
1775-83, when the other American colonies, with the aid of 
France, Spain and Holland threw the parliamentary usurpation 
into the Sea. 

Gen. Haldimand, British commander in Canada, wrote the 
British minister. Lord George Germain, (ibid, p. 462, Oct. 25, 
1780), "The Act of Quebec has prevented and can in some meas- 
ure prevent the emissaries of France and of the rebellious col- 
onies in succeeding in their efforts with the Noblesse and Cler- 
gy to induce them to cease to bear allegiance to the British 
Crown. " 

Lord Dartmouth, British minister, declared that: "I lean for 
protection to British interests in America on the fact that the 
form of the French government has been reestablished and 
that the Noblesse and Clergy have regained their ancient su- 
premacy. ' ' 

Lieut-Gov. Hope wrote Sydney of the ministry in 1785: "The 
Noblesse, the landed-proprietors and the Clergy, I believe, ap- 
preciate the advantages accruing under the Act (1774) and 
consequently have an ardent desire for its maintenance." (Ibid, 
p. 515). 

After this war (1775-83) was finished. Gen. Carleton, now 
Lord Dorchester, Gov.-Gen. of Canada, in the name of His 
Majesty, King George III, as a special recompense passed the 
Loyalist Act of Quebec of 1789, which decrees that: "A Mark 
of Honor shall be affixed to those families that rallied to the 
Royal Standard and stood for Unity of Empire in North Amer- 
ica before the Treaty of Separation of 1783." 

Concessions of land were granted them and they were com- 
manded to be given precedence in military and other appoint- 
ments. The various land-boards were ordered to keep their 
register. But after the governorship of Baron Dorchester, no 
effort was made to keep the register, which later was incorpo- 


rated with the register of the Noblesse in the College of Arms 
of Canada under the Seigneurial Jurisdiction. 

The Loyalist Act brought into the Noblesse the British mili- 
tary aristocracy in the country of before that date, which also 
extends to those descendants in the American colonies outside 
of Canada whose first American ancestor in the family name was 
a military or civil ofl&cer during the Royalist epoch (before 
1783) in accord with the Edict of 1760. Later were incorpo- 
rated in the family name, those whose first ancestor to America 
after 1783 was of professionl and honorable rank provided he 
descended in male line from a family of Europe whose race- 
distinction comes under the requirement of said Edict of 1760. 

The radical, mongrel democracy of England and Canada, en- 
couraged by the lack of ethics in the Crown, has kept up a cru- 
sade, first against the landed tenure of the Noblesse. This ten- 
ure was assailed by the unconstitutional Act of 1852. Secondly, 
against the Clergy until their ecclesiastical authority was taken 
away in Manitoba. Thirdly, against the very speech of the 
Province until the French language was refused a place in the 
curriculum of Ontario. In the event of Canada's independence, 
the Province of Quebec would have no guarantee within her 
own borders for the maintenance of those rights and institu- 
tions which are guaranteed by the British Crown. 

The people who were opposed to the constitution, the Noblesse 
and the College of Arms are described in the letter of Lieut. - 
Grov. Hope in 1785 (ibid, p. 515), "Those among them who have 
signed the addresses (against the constitution, etc., as aforesaid) 
are above all townspeople and shop-keepers of Montreal and 
Quebec, whose means of existence depend on commercial agen- 
cies, and they are in no way, with but few exceptions, people of 
respectable standing. ' ' 

One of these named Findley, issue of the civil government 
described by Murray, but a smarter rascal than the others, 
wrote in 1789: **The Seigneurs will, I think, ever oppose pro- 
jects which tend to modify the existing regime. ... A Ca- 
nadian noble cannot withdraw his predeliction for that form of 
government which we found established at the time of the con- 
quest (?) A Canadian noble speaks like this: 


' The law, the ancient usages and the Droit Coutumier of the 
Province would soon be abolished if the English succeeded in 
obtaining a popular assembly as they have demanded. We the 
Noblesse, have an incontestible right to a division proportion- 
ate to our number in the honorary and lucrative posts of the 
administration: that we have uniformly claimed these rights 
our addresses of 1784 and 1788 prove. ' " So these remarks this 
Findley goes on to write: "The Chamber of representatives 
will be composed of Canadian freeholders and these will not 
modify the law without being convinced that it is necessary to 
do so. ' ' But the fact is, the law cannot be modified without con- 
sent of the Noblesse, as guaranteed by the King and both Houses 
of parliament in the Act of 1774. 

It is plain to see by this that the members of the Seigneuriai 
Court are absolved from obedience to laws to which they have 
never consented and in the making of which they are not 
represented, and that their own Court is the only legitimate 
branch of the government in Canada. 

In 1789 (ibid, p. 566) Lord Dorchester wrote Lord Dart- 
mouth of the ministry, ' ' The Canadians are alarmed and indig- 
nant that such people should take on themselves to formulate 
the demand that imiumerable laws and ordinances be 
introduced, and that the ancient customs and Droit Coutumier 
be abrogated. All the Canadian nobles of city and country have 
addressed a memorial expressing their apprehension on this sub- 
ject." To Lord Grenville in 1789 he wrote (ibid, p. 635), ''It is 
needful to bear fully in mind the rights and customs of the 
French who form so considerable a part of the people, and to 
watch with the same care to preserve to them the enjoyment of 
the civil and religious rights that have been guaranteed them 
by the Articles of the Capitulation of the Province, and which 
they have been since reg-uaranteed by the liberality and enlight- 
ened spirit of the British government." 

In spite of this, however, there was passed in 1791 an Act 
which took away from the Province of Quebec all the land west 
of the Ottawa River and erected it into the Province of Upper 
Canada, purposely to weaken Quebec. 

It will be remembered that Lord Dorchester wrote of the 


100 members of the Noblesse who went to France and who held 
themselves ready to return when war was declared. Many of 
these and their sons were attached to the Austrian Army during 
the first war of the Allies against the Reign of Terror and De- 
mocracy in 1792 in France. The King of France had been mur- 
dered with 300,000 men, women and children of the Aristocracy. 
These sons of the Canadian Noblesse with others in the Ameri- 
can colonies in 1798 had a plan of occupying Louisiana, with 
the consent of Spain and there founding an Aristocracy by the 
extension of the Droit Coutumier of the ancient regime, over 
estates, seigneuries and baronies to be conceded to families that 
had lost in France under the republic and to others who might 
bring their valor and treasure to the enterprise. Their Order, 
that, of the Empire (later known as the Aryan Order of St. 
George of the Empire) was open to those of the American 
states disgusted with the vulgarity and tyranny of the democ- 
racy and who were eligible to enter under the Edict of 1760. 
The badge of this Order was a yellow rosette, the insignia was 
the black two-headed eagle Imperially crowned in gold. 

In 1798 its membership was over 4,000. On the advent of 
Napoleon, the sympathies of the Order caused the transfer of 
the Order's alliance to him on account of the secret hostility of 
England to the project of overthrowing the democracy in Amer- 
ica and of restoring those institutions of honor and chivalry first 
emplanted in America by the Emperor Charles V with the Duchy 
of Veragua in 1540, for the maintenance of Aryan race-purity 
and distinction in continuing these genealogical developments 
which had been transmitted from old Europe. Col. Faucher de 
St. Maurice, in his article on "Napoleon et le Canada," in Les 
Eecherches Historiques de Quebec for 1897, wrote that, ''Par- 
venus English had become tyrants, but were so mercenary that 
any ignoble interest might purchase them." ''The leaders of 
the Order in 1806 were the Comte de Douglas and the Vicomte 
de Fronsac. In 1810 the Chevalier Le Blond de St. Hilaire was 
chief and reported to Napoleon's ambassador at Washington 
that: "An expedition against Canada would be equivalent to 
a taking possession. All hearts and all arms, even of the In- 
dians would be devoted to the Emperor Napoleon. The Eng- 


lish are so well convinced of this disposition that if the French 
flag appeared at the mouth of the St. Lawrence, their troops 
would be obliged to retire to Quebec and Halifax, and we would 
be masters of Lower Canada without burning a cartridge." 
The Seigneurial Court may be seen by this to be capable of or- 
ganizing to defend the constitution, which is the neglected duty 
of the Crown. 

The Order of the Empire, with its badge of the yellow rose, 
extended down the Mississippi to New Orleans and even among 
the Castilians, or pure Aryan Spanish of Mexico. Among those 
mentioned in a little book of the Order published in Savannah, 
Georgia, are the historic names of Bulloch, Glenn, de Vaux, 
Maxwell, Houston, etc. Those of the Burr conspiracy in the 
United States became allied with it. In Parton's Life of Burr, 
it is stated that the Barony of the Wachita, in Louisiana was 
fortified as headquarters in that district, where a colony of the 
"elite was to assemble, armed to defend themselves." 

Gen, Turreau on his return to France reported to Napoleon: 
*'The landing of French troops would produce an electric effect 
over the Canadians. ... I have seen and I have heard. 

, , . Such an event would give new life to the Spanish 
colonies even. I wish to say that the two Mexicos, where the 
English have acquired some commercial influence would respond 
against them. . . . The only obstacle to fear is the secret 
o]^position of the United States government." That govern- 
ment was controlled by those who had falsified the purpose of 
the wai- for American Independence in destroying the provincial 
charters, whose presen'ation was the avowed purpose of that 
war, simjily because the charters were Royal and ]iermitted the 
representation of the Aristocracy. The demagogues of this mon- 
grel democracy had grown rich by dishonesty and by the ostra- 
cism and ]>lnnder of the said Aristocracy, whose ancestors were 
the patricians and founders of the colonies. 

Napoleon, unable to find an heir of the Stuarts for the Em- 
l)ire in America, made a treaty with Charles IV, King of Spain, 
descendant of the Emperor Charles V (who had been America's 
first sovoreign). In aljdicating the Throne of Sixain in favor 
of Joseph Bonaparte, Carlos IV was recognized as Emperor of 


America. Napoleon was to aid this project of restoring the 
Empire in America, but the Russian campaign broke his power. 
In turn, the United States attempted to seize Canada in the war 
of 1812, but was ignominously repulsed. The Order of the Em- 
l^ire ceased to meet after the arrest of Burr in the United States 
and the seizure of Taschereau, Bedard, Lefrancois and Blanchet 
in Canada. 

The greater membership of the Order of the Empire was in 
the South. After the failure of the Louisiana plan, the hostility 
which existed between the Aristocracy of the South and the mon- 
grel democracy of the North, culminated in the Act of seces- 
sion of 1861, when the Southern States repudiated the usurped 
authority of the Northern democracy over the general govern- 
ment and its tyranny, and proclaimed the sovereignty of their 
states as they were by the Treaty of 1783, that is with the Gen- 
try, Yeomanry and peasantry in their proper legal subordina- 
tion. They formed the Southern Confederacy and adopted the 
flag of St. Andrew of Scotland on account of the feudal sov- 
ereignty of their state charters which they derived from the 
Stuart Kings of the colonial epoch, only the White cross of St. 
Andrew contained a red one charged with the 13 stars of the 
Southern Confederacy. After the Civil War of 1861-5, the Or- 
der, as the Aryan Order of the Empire, was continued and con- 
tained, with its other associated orders, the principal officers of 
the Southern Confederacy, whose families were of the Aryan 
Noblesse of their states. 

The Noblesse continue to hold their Seigneurial Court at 
Longucuil, in the Province of Quebec as they formerly did in 
other localities. 

After the closing by the government in 1852 of the registers 
of Seigneurial tenure, the genealogical and heraldic registers 
were continncd as the rollego of Ai'ms of Canada l)y several of 
the princijjal memljcrs with aulii()i"ity from the Ordonnance of 
1615. These were Charles Coliiiojc (J rant, Baron de Longueuil; 
Capt. Frederic Forsyth, Vicomte de P^ronsac; Judg(» Wurtele, 
Seigneur de St. David; Archibald Campbell Wurtele; and Dr. 
Leprolioii, representing tlu; Seigneur de La Charite. These 
were strengthened later l)y Sir II. CI. Joly de F^ot- 


biniere and Sir William Cleorge Johnson. These were the 
saviors of the Seigneurial Court and College of Arms, contain- 
ing the registers of the Noblesse and that of the Loyalist Act of 
1789, which are continued today by their successors. 

By the Seigneurial Court of 1879 the law was made that ''None 
but those of the White Aryan Race shall enter no matter what 
their claims may be." By the Court of 1880 the Order of St. 
George of the Empire was restored with the prefix "Aryan." 
The Chancellor of the Seigneurial Order was the Baron de 
Longueuil. The Chancellor of the Aryan Order was Capt. Fred- 
eric Forsyth (Vicomte de Fronsac), who was succeeded by the 
following: Gen. Alex. P. Stewaet, Gen. John B. Gordon, Gen. 
Zebulon B. Vance, Gen. Wade Hampton, Dr. Harvey Leonadas 
Byrd, Dr. Sir Edward Warren, Col. Charles Colcock Jones, Col. 
Stanley Sims, Dr. F. Marion Sims, Dr. Joseph Gaston Baillie 

In 1910 the College of Arms issued the following general com- 
mission: "The College of Arms of Canada, being the author- 
ized Registry of the Aryan and Seigneurial Noblesse in Canada,, 
the Court for the adjudication of its members' rights, and the 
Council in defense of their representation in the State, is estab- 
lished by Ordonnance of the States-General given at Angers in 
1487, which became the law in Canada when Canada became a 
Province of France by the Edict of 1663, in whose Registry 
have since been enrolled other Titular, Seigneurial, Armorial, 
Consular and Alumnal Noblesse by the privilege of the Edict 
of 1664, limited by the Edict of 1760." 

"This Registry is further established under Royal Seal of 
King George III of Great Britain in the Treaty of Cession of 
1763 and reaffirmed by the British Crown and both Houses of 
Parliament in the Canada Act of 1774." 

"By this Authority, the Officers of the College of Arms of 
Canada issue the following general Charter for the better organ- 
ization of those Aryan Families entitled by the Law of this Reg- 
istry to enrollment in these Royally established Orders :" 

"I. The Seigneurial Order of Canada— for the Titular and 
Seigneurial Noblesse established thereon. 

"II. The Order of Baronets of Nova Scotia— for their succes- 


sors registered in Canada, without which registry, according to 
the original charter of 1625 the bearing of the titJe is illegal." 

"III. The Order of the Mountain Eagle (founded 1745 by 
Prince Charles)— for Scottish families eligible by the Edict of 
1760, who rallied to the cause of legitimacy in Europe and Amer- 

"IV. The Order of the Bannerets of Quebec (Loyalist Act, 
1789) for officers' families who rallied to the Eoyal Standard in 
America before the Treaty of Separation of 1783. ' ' 

"V. The Order of the Golden Horseshoe of Virginia (founded 
by the Royal Governor, Sir Alex. Spottswood in 1715) for Vir- 
ginia families of the Armorial, Consular and Alumnal Noblesse 
who assisted in the military and magistracy to the establishment 
of Virginia." 

" VI. The Aryan Order of St. George of the Empire in Amer- 
ica, instituted in 1540 by the Emperor Charles V in the creation 
of the Duchy of Veragua. For the meritorious of the Armorial, 
Consular and Alumnal Noblesse." 

"VII. The Imperial Military Order of the Yellow Rose, or- 
ganized from the former Order of the Empire of Charles V in 
1798 to establish an Empire in Canada and Louisiana. The 
Commander nominated by Napoleon I in 1809 was the Chevalier 
LeBlond de St. Hilaire. The modern order by tliis Charter, pre- 
sided by Dr. Bulloch, is for those of the Armorial, Consular and 
Alumnal Noblesse who descend from Royalty." 

"VIII. Association of the Manorial Grantees of America for 
families that possessed manorial grants in New York, Maryland 
and Carolina." 

Important Notice 

Those who prove their right and register in the College are 
incorporated in the Noblesse: they are co-proprietors of the li- 
brary, documents and collection of the College of Arms of Can- 
ada and beneficiaries of its rights: they have a voice in its ad- 
ministration through representation in the Seigneurial Court, 
governed by the Ordinances and Edicts on which it is founded: 
they inherit and transmit all its rights, duties and obligations of- 


fensive and defensive. The Baroness Dorchester has given the 
dies for a decoration for the Seigneurial, Baronet and Banneret 
Nobless. The Seigneurial and Titular Noblesse receive the 
coronet of their rank. At the base of all the shields is afiB:sed the 
octofoil of the corporation of the Noblesse, blue, red or green as 
to whether it is the armorial, consular or alumnal noblesse regis- 

Armorial Noblesse. 

First ancestor to America before 1783, who used armorial seal, 
proven by documents, book-plate, mortuary notice, etc., gives 
rank of Armorial Noblesse to descendants registering in the 
male line, family name with azure octofoil of the Corporation of 
the Noblesse at the base of the family shield. 

Consular Noblesse 

First ancestor to America before 1783 who was a landed pro- 
prietor and military or civil officer gives rank of Consular No- 
blesse to descendants registering in the male line, family name, 
with red octofoil of the Corporation of the Noblesse at the base 
of the family shield. 

Alumnal Noblesse. 

First ancestor to America after 1783 who was of professional 
and gentry rank in Europe and who could prove descent from 
family in the male line, family name described in the definition 
of the Edict of 1760. To his descendants in the family name reg- 
istering, is given at the base of the family shield tlie green octo- 
foil of the Corporation of the Noblesse. 

Forms of Address. 

Titular Noblesse— Messire, Seigneurial Noblesse — Seigneur de 
—if the estate is still held, otherwise Sieur de Baronet of N. S.— 
Sir before the name, B, N. S. after the name. Banneret of Que- 
bec — Sir before the name, B. Q. after the name. Armorial No- 


blesse— Honorable before the name, A. N. after it, Consular No- 
blesse—Honorable before the name, C. N. after it. Alumnal No- 
blesse— tlonorable before the name, Al. N. after it. Those reg- 
istered receive the octofoil, diploma and passport of the Heraldic 
Court and are incorporated with the Noblesse, with representa- 
tion in the Seigneurial Court. The Court meets the 24th of May 
and the 10th of Oct. at the College of Arms. 

Court Dress. 

Dark blue, red cord, gilt buttons of the imperial two-headed 
eagle, cavalry sabre, blue, red or green sash as per octofoil, with 
decorations only of the Orders in the Commission of 1910. 

Authority of the College 

The authority of the continuance as a Sovereign body of the 
College of Arms is derived from the following sources : 

I. The Noblesse in the States-General of 1614, finding that 
the King would not create the Syndic demanded by them, de- 
cided to manage their own registers as a corporation of the 
State and declared that they would name "three or four nobles 
in each district, or province, to make registry of the Noblesse of 
the place, of their blasonry, arms and antiquity of their families, 
and that none should be enrolled but those who were noble by 
four descents." 

Satisfaction was given by the King to the Corporation of the 
Noblesse the following year when he commissioned one of them, 
Francis de Cheveiers de St. Maurice as supreme judge of arms. 
He, after exercising the office until 1642, appointed his own suc- 
cessor, Pierre d'Hozier, and this office continued hereditarily in 
the family of d'Hozier down to the end of the monarchy (1792). 

II. The right of nomination was carried to Canada by the 
Noblesse as a right inherent in their corporation. The King 
appointed the Intendant to keep the registers in the Castle of 
St. Louis at Quebec, subject to the visitation of the King-of- 
Arms aforesaid. 

III. Article 45 of the Capitulation approved by the King of 


England, agrees that the registers shall be continued in the de- 
partments to which they belong. In default of the King of Eng- 
land to appoint one of the Noblesse to keep these registers, the 
provision of the Ordonnance of the States-General of 1614 comes 
into effect and the College of Arms has thus been maintained 
with full sovereign authority. 

IV. The sovereign authority of the Corporation of the No- 
blesse was duly recognized by the British Crown and parlia- 
ment in treating with the Envoy of the Seigneurial Court (Char- 
tier de Lotbiniere in the proceedings of the Canada Act of 1774. 

Important Notice 

The College of Arms of Canada being governed by those Or 
donnances and Edicts of the Ancient Regime, framed by the Cor- 
poration of the Noblesse, confirmed in continuance under the 
Seigneurial Jurisdiction declare that these regard nobility of 
race to be necessary requirement for registry of rank and arms : 
that rank and arms without this requirement does not constitute 
noblesse, and it debars those who have "acquired" titles and 
arms from heralds colleges in Britain and elsewhere from regis- 
tering in this college, since this registry is for those only who 
can fulfill the requirement of noblesse as prescribed by these 

For example, in Great Britain, by the Statute of Victoria, the 
government heralds colleges are empowered to concede arms ' ' to 
worthy and respectable persons" provided that they PAY for 
the same. Such arms are not badges of nobility since nobility 
of race is not required. None of these persons could register 
in the College of Arms of Canada, because they are not elegible 
to the Noblesse. Again, the heralds colleges of republicanized 
Britain use this money, gained by the sale and tax on arms 
and rank in support of a government in which the aristocracy is 
not represented and under which it is being mongrelized and 
destroyed by this and similar processes of fictitious creation. 

The following Ordonnances of the States-General support the 
point at issue: 

Angers, 17 June, 1487:— "As several princes, dukes, counts, 


barons and others of the Noblesse to transmit their memory to 
posterity and to make known the titles which they have merited 
by their magnanimity and achievement, have taken arms and 
ensigns which respond to what they deem commendable, which 
they have transmitted to descendants to the end that by this 
illustration of their admirable careers their heirs and succes- 
sors may be more attentive to follow the path of Honor, that 
usage, known to all the World, has been particularly that of the 
Frankish nation, that the names and arms of the French may be 
held in eternal honor, and, as it is the intention also of the sov- 
ereign to preserve this custom, it is hereby ordered that a cata- 
logue shall be made in which shall be inscribed the arms of 
princes, dukes, counts, barons, seigneurs, castellens and other 
nobles in each of the provinces and other jurisdictions of the 
Kingdom . . . and other places belonging: and, by lack of 
knowledge of blasonry several arms are not properly arranged, 
His Majesty gives authority to the King-of-Arms to visit and 
inspect them in their order in the said catalogue to the end that 
those to whom they belong may enjoy them without constraint 
or debate." 

Amboise, 26 March, 1555:— ''To avoid supposition of names 
and arms, all persons are forbidden to alter names and arms 
without first obtaining letters of dispense and permission under 
penalty of fine of 1,000 livres, of being prosecuted for fraud 
and of being degraded from the Noblesse," 

Orleans, 1579. ''The possession of a fief does not in itself cre- 
ate nobility nor can a non-noble in possession of the same oblige 
a gentleman tenant to do him homage." 

Ordonnance of 1629 "Enjoins gentlemen to sign their family 
names with those of their estates" (since the family alone is no- 
ble) and "a gentlemen in selling a noble fief cannot transfer the 
nobility with it." 

2nd. Vol. Revue de la Noblesse ' ' One forgets that a potentate, 
a king an emperor may grant titles of prince and duke but it is 
not in their power to create the smallest gentleman ; that there is 
no power on Earth that can effect that a man shall not be the 
son of his father and the product of his race. If the family be 
noble, titles cannot add to its nobility but can only illustrate it, 
and if it be not noble, titles and arms can not ennoble it. ' ' 


Ix THE United States. 

The right of those patrician families entitled under the Ordon- 
nances above quoted, to register in the College of Arms of Canada 
and to be incorporated in the Noblesse, and to enter the various 
Orders reorganized under the Commission of 1910, has already 
been referred to. These families have been aroused to exercise 
this right by the fact that unless they do they are confounded un- 
der the general law of the United States with the common equality 
based on the peasant suffrage, colored and white, of the lowest 
man who votes. They recognize the fact that the various "Or- 
ders ' ' and ' ' Societies ' ' for ' ' hereditary distinction ' ' in the U. S. 
have no existence in point of law, and are therefore absurdities, 
since the international status of an American citizen must con- 
form to the law of the U. S. and that status is the peasant suf- 
frage of the lowest man who votes. 

The Constitution of the U. S. declare that no state, or states 
can grant titles of nobility. What then is the position of that 
absurd body chartered in Maryland as "The Lords of Ameri- 
can Manors!" The U. S. Statute regarding naturalization de- 
crees, that a man must abandon titles and family honors so as to 
be put on the common equality of citizenship. What then are 
the "coats-of-arms" of these "Orders and Societies"! They 
can be regarded only in the light of trade-marks and frescoes, 
since no Congress could incorporate any "Bureau" to register 
the emblems of nobility and rank. 

Another law which has naturally no effect in U. S. "Socie- 
ties"— to be expected from their lack of legal existence — is, that 
the distinction of race of a patrician family cannot be carried 
by marriage into a plebian family and cause the descendants of 
that plebian family to be patrician also, but that a wife "follows 
the condition of her husband's family" his offspring inherit the 
rank of their father's family and no other. This is according to 
one of the Ordonnances to govern registration of Noblesse. 

Four Descent— Test of Race — Purity. 

To prove four descents is to show descent in the marriages of 
four consecutive generations from the eight families of those 


marriages, eacli of which families are either registered or eligi- 
ble to register under the Ordonnances in the College of Arms of 
Canada. It entitles the one making this proof to crown his arms 
with the coronet of the Noblesse de race and to receive the Deco- 
ration of the Empire. These marks of inlierited honor and pur- 
ity of race are transmissible in the family name of the one mak- 
ing this proof so long as those lines marry, among those regis- 
tered or registering. If anyone possesses these elegible 8 ances- 
tors whose families are not yet registerd, he has but to obtain 
the registration of a representative of each one of these families 
to make his own proof complete. 

A dispensation is made for those of the Alumnal Noblesse, 
some of whose 8 ancestors would be among families of Europe — 
in such cases, genealogical proof alone is necessary. 

There is many a British Peer who has deprived his offspring 
of the ability of this proof by defiling his bed with a marriage 
with some rich vulgarian, and many a Peer besides whose title is 
his only "noble" possession. 

Some Titles of the Ancient Regime. 

Due d 'Arkansas, Marquis de Beauharnois, Marquis de Vau- 
dreuil, Marquis de Vezza, Marquis de Razilii, Marquis de Roch- 
eblave, Marquis de Lotbinere Comte d'Orsainville, Comte de 
Douglas, Comte de Beaujeu, Comte de Bermond, Vicomte de 
Leiy, Vicomte de Fronsac, Baron de Becancour, Baron du Cap- 
tourmente. Baron de Portneuf, Baron de St. Etienne, Baron de 
La Tour, Baron Tonty de Paludy, Baron de Longueuil, Baron d ' 
Entremont de Pubnico, Baron de Poutrincourt, Baron de Narcy, 
Baron de Beaumouchel, Chev. d 'Iberville, Chev. de Bienville 
Chev. de Bonnaventure, Chev. de La Ronde, Chev. de St. Ours, 
Chev. Joncaire de Charbert, etc. The Baronets of Nova Scotia, 

Royal and Seigneurial Court of Canada 

His Royal Highness, Sovereign Prince of Norembega, Aca- 
dia, Hochlaga, Stadaconna, Carpunt and Baccaleos, succeeding 
to the titles and dominion of his predecessors from the time of 
the Emperor Charles V with the Prerogative and Obligations of 


the King Louis XIV, who incorporated Canada as an autono- 
mous province by the Edict of 1663. 

highest rank present at the opening of each court). 

CHANCELLOR. ... The Baron de Longueuil. 

MARECHAL-DE-BLASON. ... The Vicomte de Fron- 

REGISTRAR-GENERAL. . . . Messire Thomas Scott 

The Bannerets Henry Black Stuart and John Burke Pyke and 
the Hon. Alphonse Pinel La France, Sieur de V Espinay, C. N., 
and Hon. Rosaire Leprohon, C. N. 

COUNCELLOR. . . . Messire Louis Denys de Bonna- 

PURSUYVANTS. . . . Hon. J. G. B. Bulloch, A. N., Hon. 
William Wallace Lunt, C. N. 

DEPUTIES-ENVOY. . . . Hon. Eugene Monnette, C. 
N., Hon. C. C. Colecock, C. N., Hon. S. Murray Bennette, A. N. 
Hon. Col. Otto Holstein Al. N. 

Special Bureau and for the publication under Seal of the Col- 
lege of Arms of the edition-de-luxe ''Armorial Families of Amer- 
ica." The National Americana Society, 131 East 23d St., New 
York City. 

Registered Members of the Noblesse 

(From 1880 to 1914) 

Albert Francis Amee, Hon. C. N. (Aryan Order), Notary, 
Cambridge, Mass. Charles B. Appleton, Hon. A. N. (Aryan Or- 
der) ('apt. National Lancers, Boston. Joseph Gaston Baillie 
Bulloch, Hon. A. N. (Aryan Order, Yellow Rose, Mountain 
Eagle) physician, genealogist, historian, Washington. 

Napoleon Bourdeau, Hon. C. N. revenue service, Montreal. 

George Edward Brown, Hon. C. N. (Aryan Order) real-estate 
broker, Boston. S. Murray Bennett, Hon. A. N. Decatur, Geor- 


*Harvey Leonadas Byrd, Hon. A. N. (Aryan Order) Prest. 
Baltimore Medical College, Baltimore. 

*Alex. Brown, Hon. C. N. (Aryan Order) F. R. S., etc.. Nelson 
Co., Va. 

*M .C. Butler, Hon. C. N. (Aryan Order) late Maj.-Gen. C. S. 
A. Columbia, S. C. 

W. C. Burr, Hon. C. N. (Aryan Order) Rockport, Ind. 

W. Berrian Borroughs, Hon. C. N. (Aryan Order) Brunswick, 

*William Pitt Brechin, Hon. C. N. (Aryan Order) physician, 

*Richard H. Bulloch, Hon. A. N. (Aryan Order) Savannah, 

Nazaire E. Biron, Hon. C, dentist, alderman, Manchester, 
N. H. 

Octavie Bertrand, nee Pinel, Hon. C. N., Montreal. 

*T. Barnard Chisholm, Hon. A. N. (Ayran Order) physician, 
Savannah, Ga. 

Colon de Veragua, Messire (Aryan Order) Due de Veragua, 
Madrid, Spain. 

Edwin Birchard Cox, Hon. C. N. (Aryan Order) Brookline, 

William B. Conway, Hon. A. N. (Aryan Order) Prof. Blacks- 
burgh College, Va. 

Charles Jones Colcock, Hon. C. N., Prof. Porter Military 
Academy, Charleston. 

William Crittenden, Hon. C. N., Pittsburgh, Penn. 

Louis Denys, Messire de Bonnaventure, Chateau d' Aytre, 
Char. Inf. France. 

J. Denis de Vitre, Hon. A. N., Chaplain, R. N., H. M. S. In- 

Dalrymple of Stair, Messire (Baronet N. S.) Earl of Stair, 
Castle Kennedy, Scotland. 

John Ross Delafield, Hon. A. N., barrister. New York City. 

Joseph Livingston Delafield, Hon. A. N., New York City. 

•Orlando Fairfax, Messire (Aryan Order), physician, Rich- 
mond, Va. 

•A. C. Ford, Hon. C. N. (Aryan Order), Atlanta, Ga. 


*Frederic Forsyth, Messire (Aryan Order, Seigneurial), Vi- 
comte de Fronsac, Montreal. 

Frederic Gregory Forsyth, Messire (Aryan, Seigneurial, Yel- 
low Rose, Mountain Eagle), Vicomte de Fronsac^ soldier, his- 
torian, poet, musician, 

Thomas Scott Forsyth, Messire (Aryan, Seigneurial, Yellow 
Rose, Mountain Eagle), journalist, poet, musician, Cohoes, N. Y. 

* James Forsyth, Messire (Aryan Order), Judge, president 
Ranssalaer Polytectnic Institute, Troy, N. Y. 

*James Bennett Forsyth, Hon. A. N., president, Boston Belt- 
ing Co., Boston. 

*Josepli Bell Forsyth, Hon. A. N., Col. Queenstown Hussars, 
Quebec City. 

James Mortlach Forsyth, Hon. A. N., barrister (Aryan Or- 
der), Kingston, Ont. 

May Alice Wellford Fauntleroy, Hon. A. N. (Golden Horse- 
shoe), King William Co., Va. 

*Charles Colmore Grant, Messire (Aryan, Seigneurial) Bar- 
on de Long-ueuil, Pau, France. 

Reginald Iberville Grant, Messire (Aryan, Seigneurial), Bar- 
on de Longueuil, Pau, France. 

*John B. Gordon, Hon. C. N. (Aryan Order), late Lieut.-Gen. 
C. S. A. 

Marie B. de Beausejour-Godin, Hon. C. N. Montreal. 

*Sir Patrick Houstoun, Messire (Aryan, Baronet of Nova 
Scotia), president of the Senate of Florida. 

Davison M. Heriot, Hon. A. N. (Aryan Order), Mansfield, De 
Soto Parish, La. 

*Wade Hampton, Hon. A. N. (Aryan Order), late Maj.-Gen. 
C. S. A. Columbia, S. C. 

William Amherst Hale, Hon. A. N., Sherbrooke, P. Q. 

William Nayle Habersham, Hon. A. N. (Aryan Order), late 
Maj.-Gen. C. S. A., Savannah, Ga. 

John Charles Allison Heriot, Hon. A. N., capt., architect, 

Otto Holstein, Hon. Al. I. (Aryan Order), late gen. manager, 
national railways of Ecuador, San Antonio, Texas. 


*Cliarles Colcock Jones, Hon. 0. N. (Aryan Order), late CoL 
C. S. A., president, Confederate Asso. of Gra., Augnsta, Ga. 

*Sir H. G. Joly de Lotbiniere, Hon. C. N. (Seigneurial), late 
Lieut.-Gov. of British Columbia, Vice-Prest. U. E. L. Asso. of 
Canada, etc. 

Robert P. Jewett, Hon. A. N., Portland, Maine. 

*Sir George W. Johnson, Hon. A. N., Baronet, president U. 
El. L. Asso. of Canada. 

*Alfred Jones, Hon. C. N., Lieut.-Gov. of Nova Scotia, presi- 
dent U. E. L. Asso. of Nova Scotia, Halifax. 

Mary Jackson, Hon. Al. N., Pittsburg, Penn. 

* William Henry Fitzhugh Lee, Hon. A. N. (Aryan Order), 
late Maj.-Gen. C. S. A., prest. Washington-Lee University, Lex- 
ington, Va. 

* James M. Le Hardy, Hon. C. N. (Aryan Order), prof. Medi- 
cal College, Charleston, S. C. 

William Wallace Lunt, Hon. C. N. (Aryan Order), Boston. 

Joseph Magloire Q. Laflamme, Hon. A. N., cure of Farm- 
ham, P. Q. 

*Lucius Quintus Curtis Lamar, Hon. C. N. (Aryan Order) 
late Maj.-Gen. C. S. A. Envoy to Europe, etc., Oxford, Miss. 

James Martin, Hon. C. N. (Aryan Order), prof. Blacksburg 
College, Va. 

William Moorehead, Hon. Al. N. Pittsburg, Penn. 

Elie Meuse d'Entremont, Hon. A. N. (Seigneurial) , Baron de 
Pubnico, Nova Scotia. 

Sir John Heron Maxwell, Messire (Baronet of Nova Scotia), 
London, Eng. 

Orra Eugene Monette, Hon. C. N., prest. Citizens Trust and 
Savings Bank, genealogist, Los. Angeles, Cal. 

*George Troup Maxwell, Hon. A. N. (Aryan Order), physi- 
cian, Jacksonville. 

*Charles Edward Needles, Hon. C. N. (Aryan Order), Bal- 

Philip Tillinghast Nickerson, Hon. C. N. (Aryan Order), no- 
tary, Boston. 

Alphonse Pinel La France, Hon. C. N. (Seigneurial), Sieur de 
I'Espinay, Montreal. 


*Sir J. G. Pagani, Hon. Al N. (Aryan Order), Consul for Italy 
knighted, etc., Boston. 

*Jolin Watts de Peyster, Hon. A. N. (Aryan Order), late Maj. 
Gen. State of New York. 

John Burke Pyke, Hon. A. N. (Banneret), Montreal, clergy- 
man, etc. 

William Lee Ritter, Hon. C. N. (Aryan Order), late capt. S. 
C. S. A., Baltimore. 

*John Beverly Robinson, Hon. A. N. (Banneret), prest. U. E. 
L. Asso. of Ontario, late lieut.-gov. of Ontario. 

*Wymberly Jones de Renne, Hon. A. N. (Aryan Order), Sa- 
vannah, Ga. 

Frank Rumrill, Hon. C. N. (Ayran Order), merchant, Boston. 

*Clifford Stanley Sims, Hon. 0. N. (Aryan Order), late col. 
U. S. A. Mount Holly, N. J. 

* Thomas D. Supplee, Hon. C. N. (Aryan Order), educational- 
ist, Gambia, Ohio. 

*Alex. P. Stewart, Hon. C. N. (Aryan Order), late lieut.-gen. 
C. S. A. Chancellor, University of Miss., Oxford, Miss. 

* Joseph James Stewart, Hon. C. N. (Aryan Order), late arbi- 
trator American-Spanish Claims Commission, Baltimore. 

*John Screven, Hon. C. N. (Aryan Order), late Col. C. S. A. 

James Seton, Messire (Mountain Eagle), Earl of Dumferm- 
line, etc.. Great Yarmouth, Eng, 

*Francis Marion Sims, Hon. C. N. (Aryan Order), physician 
to the Court of Napoleon III. 

Henry Black Stuart, Hon. A. N. (Banneret), civil engineer, 

Hugues Jules de La Vergne, Messire (Seigneurial), lawyer, 
planter, col.. New Orleans, La. 

Sir Edward Warren, Hon. C. N. (Aryan Order), physician, 
bey, chevalier, etc., Paris, France. 

*Ashbel Woodward, Hon. C. N. (Aryan Order), prest. Con- 
necticut Medical Asso., Franklin, Ct. 

John S. Winthrop, Hon. A. N. (Aryan Order), Tallahassee, 


Henry Rogers Wolcott, Hon. A. N., late prest. of the Denver, 
Utah and Pacific Ry., financier, New York City. 

William Lithgow Willey, Hon. A. N. (Aryan Order), quarter- 
master, Ancient and Honorable Artillery Co., Boston. 

John Henry Westfall, Hon. C. N. (Aryan Order), late com- 
mander U. S. N., Allston, Mass. 

Augustin de Yturbide, Messire (Aryan, Yellow Rose), Imperial 
Prince de Yturbide, etc., Washington. 

George Elie Amyot, Hon. A. N. (Seigneurial), prest. Cana- 
dian Manufacturers Asso., prest. Quebec Chamber of Commerce 
Hon. lieut.-col. 61st, regt., member legislative council, etc., Que- 
bec City. 

*William Armstrong Crozier, Hon. Al. N., antiquarian, etc., 
Hasbrouck Heights, N. J. 

Alfred J. Rodwaye, Hon. Al. N. (Aryan Order), co-editor, 
Royal Standard, Boston. 

Charles H. Browning, Hon. C. N. (Aryan Order), genealogist, 
Mount Eagle, Penn. 

* James L. Hubard, Hon. C. N. (Aryan Order) late Col. C. S. 
A., Nelson Co., Va. 

John Nevit Steele, Hon. C. N. (Aryan Order) Judge of Su- 
preme Court, Baltimore. 

*Middleton, Michel, Hon. C. N. (Aryan Order) late Prof. Med- 
ical College, Charleston, S. C. 

T. P. Porcher de Richbourg, Hon. A. N. (Aryan Order) late 
Prof. Medical College, Charleston, S. C. 

G. P. Harison, Hon. C. N. (Aryan Order) late Senator, Mont- 
gomery, Ala. 

W. A. Byrd, Hon. A. N. (Aryan Order) physician, Qunicy, 

W. M. Byrd, Hon. A. N. (Aryan Order) physician, Selma, Ala. 

T. D. Thomas, Hon. C. N. (Aryan Order) physician. New 
York City. 

*Roland Mclvor, Hon. A. N. (Aryan Order) late Maj.-Gen., 
New York City. 

*F. Nichols Crouch, Hon. Al. N. (Aryan Order) F. R. S., Au- 
thor of ''Cathleen Mavourneen," etc., Baltimore. 

T. M. Jones, Hon. C. N. (Aryan Order) physician, Washing- 


Archibald Atkinson, Hon. C. N. (Aryan Order) late Prof. 
Baltimore Medical College. 

B. P. Anderson, Hon. C. N. (Aryan Order) physician, Colo- 
rado Springs. 

*Zebulon B. Vance, Hon. C. N. (Aryan Order) late Maj.-Gen. 
C. S. A., Gov. of North Carolina, etc. 

Allen P. Smith, Hon. C. N. (Aryan Order) physician, Balti- 

*Paul Hamilton Hayne, Hon. A. N. (Aryan Order) late Col. 
C. S. A., poet, etc., Columbia, S. C. 

Charles Cotesworth Pinckney, Hon. A. N. (Aryan Order) 
Charleston, S. C. 

*Cornelius D. Forsyth, Plon. C. N". (Aryan Order) late Col. C. 
S. A., Solicitor-General of Georgia, Rome, Ga. 

* James Longstreet, Hon. C. N. (Aryan Order) late Lieut. 
Gen. C. S. A., Atlanta. 

* Pierre T. G. Beauregard, Hon. Al. N., late Lieut.-Gen. C. S. 
A., New Orleans. 

*Raphael Semmes, Hon. C. N. (Aryan Order) late Admiral C. 
S. N., New Orleans. 

*Francis Fontaine, Hon. A. N, (Aryan Order), late Col. C. S. 
A., Author of "Eufala," etc., Atlanta. 

* James Barron Hope, Hon. A. N. (Ayran Order) late, Capt. 
C. S. N., poet, etc., Norfolk, Va. 

*Edward P. Leprohon, Hon. C. N. (Ayron Order), physician, 
Portland, Maine. 

*Bradley T. Johnson, Hon. C. N. (Aryan Order), late Maj. 
Gen. C. S. A., Baltimore. 

Ermingarda Greville Nugent, Countess Nugent (Mountain 
Eagle), Slo}Tie Castle, Ireland. 

Matthew Clinton, Hon. Al. N. Dunlear Co., Louth, Ireland. 

Melville, H. D. de La Caillemot de Massue, Messire (Seigneur- 
ial). Marquis de Ruvigny, etc., historian, London, Eng. 

*Michel Parant-Mingan, Hon. C. N. (Seigneurial), Seigneur 
de Mingan, Montreal. 

Pezard de La Touch de Champlain, Hon. C. N. Riviere du 
Loup, P. Q. 


*L. J. Wurtele, Hon. AL N. (Seigneurial), Judge of Superior 
Court, Prest. U. E. L. Asso. of Quebec, MontreaL 

* Archibald Campbell Wurtele, Hon. Al. N. (Seigneurial), 
Founder of La Presse, Montreal. 

*William Harden, Hon. C. N. (Aryan Order), Judge of Su- 
preme Court, Savannah. 

*Denys Marr-Erskine, Messire (Aryan Order), Marquis de 
Garioch, New York. 

*Lester Hubbell, Hon. C. N. (Aryan Order), Savannah. 

*Francis F. Forsyth, Messire (Aryan Order), physician, Prest. 
Weymouth Hist. Society, Weymouth, Mass. 

Auvergne d'Antignac, Hon. A. N. (Aryan Order), Savannah. 

James Bolton West, Hon. A. N. (Aryan Order), Savannah. 

John Millege, Hon. C. N. (Aryan Order), Savannah. 

George L. Appleton, Hon. A. N. (Aryan Order) Savannah. 

T. Savage Heywood, Hon. A. N. (Aryan Order) Charleston, 
S. C. 

Frank H. Stockett, Hon. A. N. (Aryan Order) Senator, An- 
napolis, Md. 

Major A. P. Davis, Hon. C. N. (Aryan Order), Pittsburgh, 

J. H. Hoskinson, Hon. C. N. (Aryan Order), Rome, Ga. 

Proprietors and Stockholders of the Library, Documents and 
Collection of the College of Arms of Canada 

Frederic Gregory Forsyth de Fronsac, Thomas Scott For- 
syth, John Ross Delafield, Joseph Liivngston Delafield, George 
Elie Amyot, Otto Holstein, Orra Eugene Monnette, Joseph Gas- 
ton Baillie Bulloch, Henry Black Stuart, James Charles Allison 
Heriot, Alphonse Pinel La France De 1 Espinay, Joseph Mag- 
loire Quennemeur Laflamme, Albert Francis Amee, Edwin Good- 
rich Acheson, Charles Brook Appleton, Joseph Napoleon Bour- 
deau, George Edward Brown, Samuel Murray Bennett, Nazire 
Biron, Edwin Birchard Cox, Charles Jones Colcock, William 
Crittenden, J. Denis de Vitre, William Amherst Hale, Elie Muse 
d'Entremont, Marie de Belief ontaine de Beausejeur-Godin, Mary 
Jackson, William Wallace Lunt, Henry Rogers Wolcott, Wil- 
liam Moorhead, Philip Tillinghast Nickerson, Frank Rumrill, 


Hugues Jules de La Vergne, Alice Gray Wellford Fauntleroy^ 
William Lithgow Willey, John Henry Westfall, Augustus de 

Candidates for the Noblesse 

Those who desire to make proof of their nobility, to enter and 
register the same in the College, to be incorporated in the No- 
blesse, to partake of its rights and obligations in Canada, offen- 
sive and defensive, and of the precedence accorded its members 
on the presentation of their passport in foreign courts, must 
give historic evidence of the following: — 

I. PureAryan ancestry ; II, from a first ancestor to America in 
the FAMILY NAME of either Armorial, Consular or Alumnal 
rank. If he be qualified also for Titular, Seigneurial, Manorial, 
Baronet N. S., Banneret Q., Mountain Eagle, Yellow Rose, Gol- 
den Horseshoe distinctions, it should be mentioned. Apart from 
the genealogy mentioned, any facts on descent of this first Amer- 
ican ancestor from his remotest origin is a most valuable addi- 
tion—although not necessary. If Armorial, the arms should be 
very definite. Reference to documentary or historic proof of 
descent is required in all cases, so the Commission of the Col 
lege may not be delayed in their inquiries. 

To those qualifying for Seigneurial, Baronet and Banneret 
rank, the liberality of the Baroness Dorchester has given the Or- 
der the dies for the manufacture of their decoration. 

The cost of printing, registering, and official labor is not cov- 
ered by the fees derived from registration and the College needs 
the benefaction of its wealthy members worthily to be main- 
tained. All communications should be addressed to the Herald 
Marshal, College of Arms, Vercheres, P. Q., Canada. 

The College grants to those registered, the Diploma and Oc- 
tofoil of Noblesse with a typed copy of the pedigree registered 
under Royal Seal and Ribbon, and, on demand, a passport of 
international introduction. 

OCTOBER, 1914 


:', ■ ' Page 

The Wolcott Family 791 

Post Bellum Letters from Oliioans: From the Doolittle 

Correspondence °2- 

Enoch Crosby, the Continental Soldier, the Original of 
Cooper's Harvey Birch, The Patriot Spy. 

By J. C. Pumpelly, A. M., LL.B., Historian Empire 
State Society, Sons of the American Revolution . 829 

For Conscience Sake. 

By Cornelia Mitchell Parsons 839 

History of the Mormon Church. Chapter CXI. 

By Brigham H. Roberts 855 

David I. Nelke, Editor. 

JosiAH Collins Pumpelly, A. M., LL.B., Member Publication 
Committee New York Genealogical and Biographical So- 
ciety, Associate Editor. 

Victor Hugo Duras, D. C. L., M.Diplomacy, Historian of the 
American Group of the Interparliamentary Union of the 
Congress of the United States, Contributing Editor. 

Published by the National Americana Society, 

David I. Nelke, President and Treasurer, 

131 East 23rd Street, 

New York, N. Y. 


Copyright, 1914, by 

The National Americana Society 

Entered at the New York Postoffice as Second-class Mail Matter 

All rights reserved. 


October, 1914 
The Wolcott Family 

Arms— Argent a chevron between three chess rooks erminecl. 

Crest— A bull's head erased argent, armed or ; ducally gorged, 
lined, and ringed, of the last. 

Motto— Nullius addictus jiirare in verba ma gistri— hearing 
the name of ''Wolcott."^ 

THESE arms are of great antiquity. Copies of the 
shield etched on the silver tankard and cup of Gov- 
ernor Roger Wolcott (1679-1767) and engraved on 
the tombstone or tablet of Captain Samuel Wolcott 
(1679-1734) in the old Windsor church-yard, apparently are not 
copied from each other or from books of heraldry, but point to a 
traditional copy which has disappeared. Chess-rooks were intro- 
duced early in the fifteenth century through a knight of whom 
it is recorded in the old family pedigree: 

' ' Playing at ye chesse with Henry ye fifth. King of Englande, 
he gave hym ye cheeke matte with ye rouke, whereupon ye kinge 
charged his coate of armes which was ye crosse with flower de 
lures, and gave him ye rouke for a remembrance. 

''It seems these Chess-Rooks were at first called Rooks for 
being in defence of all ye rest ; and therefore they stande in ye 
uttermost corners of ye Chesseboard as Frontier Castles. 

''King William ye Conqueror lost great Lordships at this 
playe. And it might well become a Kinge, for therein are com- 
prised all ye Stratagems of Warr or plotts of Civil State. "^ 

The name of Wolcott in England has been traced back to the 
year 1525 by H. G. Somerby, the antiquarian. At that period 

1. Arms registered in the College of Arms of Canada. 

2. "Herald's Visitation." 



the family was seated at Tolland. William and Thomas were the 
names for that year. He also found that the Somersetshire fam- 
ily invariably spelled the name Wolcott, while in Shropshire, 
Lincolnshire, and other places it is written Wolcott. He found 
in the register of the parish church at Lydiard, St. Lawrence, 
adjoining that of Tolland, the following entries : 

"Henry ye sonne of John ^Wolcott was baptized the VI of 
December, 1579. 

''John son of Henry Walcott was bap. 1st of Oct. 1607. 

"Henry Wolcott and Elizabeth Sanders were married 19 Jan- 
uary, 1606." 

Mr. Somerby made numerous notes other than the ones men- 
tioned, and he also prepared an elaborate genealogical table 
which carries the family back to the eleventh century in Wales 
and traces its descent through a titled Walcott family in Shrop- 
shire. In doing this, he based his argument on the similarity 
of family arms and names. As the table is conjectural and not 
authenticated, we, for the present purpose, omit a copy of this 
genealogical table. He begins the English line of the first 
American ancestor, Henry Wolcott, of Windsor, with John Wol- 
cott, the elder, of Tolland, whose will was dated November 10, 
1623, and proved January 16, 1624. 

From the Subsidy Rolls are found in different branches of the 
family at this period contemporary Johns and Henrys; there- 
fore, the lineage of Henry Wolcott, of Windsor, cannot with cer- 
tainty be traced through wills or through any other papers that 
have come to light. This much is established : the good standing 
of the family socially and morally as British freeholders, sup- 
porters of religious institutions and of the government under 
which they lived, and in man and horse equipped for wars of 
the time. 


HENRY WOLCOTT, the founder of the family in America, 
was born in Tolland, near Taunton, Somersetshire, England, 
and baptized in the contiguous parish of Lydiard, St. Lawrence, 
December 6, 1578, the second son of John Wolcott, of Tolland. 
He was a member of Mr. John Warham's church at Exeter, 


Devonshire, England, who was selected as pastor of the new 
church to be organized in the new world, in which office he was 
installed at the inauguration of the church at Plymouth, Eng- 
land, in 1630; transferred to Dorchester, Massachusetts Bay 
Colony, May 30, 1630; removed to Windsor, Connecticut, in 
1635, where he erected a church and continued his labors up to 
April 1, 1670, when he "slept in the Lord." 

Henry Wolcott sold his estates in England for about eight 
thousand pounds sterling, and was one of the passengers on the 
ship "Mary and John," Captain Squib, master, who set out 
to form a colony in the new world. His fellow passengers in- 
cluded the Reverend Mr. John Warham, Mr. John Warham, Mr. 
John Marrick, Mr. Edward Rossiter, Mr. Roger Ludlow, Mr. 
Roger Clap, and other members of Mr. Warham 's church and 
congregation from Devonshire, Dorsetshire, and Somersetshire. 
While awaiting in Plymouth the sailing of the ship, they organ- 
ized the independent church to be planted in the new world, 
which became the First Church in Windsor, the oldest in the 
state of Connecticut. The ship left the port of Plymouth March 
20, 1630, and arrived at Nantasket, after a voyage of two months 
and ten days. May 30, 1630, and as it was the Lord's Day they 
delayed their landing until the next day. May 31, 1630. 

On the first day of the meeting of the first general court 
assembled in Boston (not as representatives but as individual 
freemen), before represenatives had been chosen, Henry Wol- 
cott 's name appears in the first list of freemen made so by the 
oath of allegiance prescribed by the colonial government and he 
became a member of the first legislative body of the Massachu- 
setts Bay Colony. The company remained in Dorchester, Mas- 
sachusetts Bay Colony; spies had been sent out to view the 
lands in the wilderness of Connecticut, and through information 
gained from the Dutch settlers of New York they learned of 
the available tract of land on the Connecticut river, where they 
were hospitably received by the Indians, and the report of John 
Oldham and the others of the exploring expedition determined 
the bodily removal of the church in the care of Mr. Warham to 
this promising land. In 1634 they applied to the general court 
for permission to go in quest of new adventures in a better land. 


In the summer of 1635 a number of Mr. Warham's people pre- 
13ared to bring their families and make a permanent settlement 
at Windsor, The journey proved full of peril, entailing prop- 
erty loss as well as personal hardship. 

In 1637 the first general assembly of Connecticut was organ- 
ized, with Henry Wolcott as a member of the house of repre- 
sentatives, which comprised twelve members and in this way 
he became a pioneer in the organization of civil government in 
both Massachusetts and Connecticut. In 1640 his name headed 
the list of inhabitants of Windsor ; in 1643 he was elected to the 
house of magistrates, the higher branch of the legislature, and 
he was annually re-elected during his lifetime. He was 
esteemed, next to the minister, as the most distinguished man in 
Windsor. By the decease of his elder brother, Christopher 
Wolcott, without issue, he became proprietor of the family 
estates in England, which included the manor house and 
mill, and in 1640 he visited England in the interests of his ac- 
quired estate. On January 11, 1640, he was granted from the 
l^lantation, for a home lot, twelve acres ; also, in the great 
meadow, twenty-two acres, and in the Plymouth meadow eight 
acres ; and also at Herteford sixty-eight acres, and over the 
great river twenty-four acres, besides other valuable tracts. He 
continued as an honored citizen of Windsor and a member of 
the upper house of the colonial legislature up to the time of his 
death. His will, which was dictated on the day of his death, 
mentions his wife, and sons Henry, Christopher, George, and 
Simon, his son Henry being named as overseer of his will and 
testament. This will was proved October 4, 1655. His widow 
survived him about five weeks, and died July 7, 1655, having 
signed her will by her mark, July 5, 1655, not being physicially 
able to hold a pen to enable her to write her name. The inven- 
tory of the estate, exclusive of the property in England, 
amounted to seven hundred and sixty-four pounds, eight shill- 
ings and tenpence, which sum in no measure represents the largo 
expenditures which he made during his lifetime in making set- 
tlements and assisting his fellow colonists of lesser means in 
planting and fostering the early English colonies on the Con- 
necticut Eiver. His body, with that of his widow, found sepul- 


ture in the church-yard in Windsor ; here an arched monument 
of brown-stone marks the i^lace, and this is said to be the oldest 
monument of this style in the country. Around it are monu- 
ments marking the graves of their children and children's chil- 
dren. The monument to Henry and Elizabeth Wolcott was 
erected only thirty-five years after the landing at Plymouth of 
the "Mayflower" passengers, and it is still in perfect preserva- 
tion, and the church which they helped to organize in Windsor 
observed its "Quarter Millennial Celebration" in 1881. 

Died, in Windsor, May 30, 1655. 

Married, January 19, 1606, Eliazbeth, daughter of Thomas 
Saunders, of Lydiard, St. Lawrence, baptized in that parish De- 
cember 20, 1584. 

Issue : 

1. John Wolcott, baptized October 1, 1607; d. in England, 
without issue, previous to the date of his father's will, and no 
mention occurs in the family records. 

2. Anna Wolcott, who, with Mary and Simon, came to Amer- 
ica between 1631 and 1641 ; married, October 16, 1646, Matthew 
Griswold, of Windsor, Connecticut. 

3. Henry Wolcott, of whom below. 

4. George Wolcott, of whom below. 

5. Christopher Wolcott, who immigrated with his parents and 
two older brothers in 1630, never married. He received from 
his father the family homestead, which passed to his sisters and 
brothers when he died in Windsor, September 7, 1662. 

6. Mary Wolcott, m., June 25, 1646, Job Drake, of Windsor, 
and she and her husband d. the same day, September 16, 1689. 

7. Simon Wolcott, of whom below. 


HENRY WOLCOTT, second son of Henry and Elizabeth 
(Saunders) Wolcott, was born in Tolland, Somersetshire, Eng- 
land, January 21, 1610-11. He came with his parents to New 
England in 1630 ; was admitted as a freeman of Massachusetts 
Bay Colony by the General Court at Boston, April 1, 1634; 


removed with his parents to Windsor, in 1636, and was an im- 
porting merchant trading between the Connecticut colony and 
England, making a trip to England in 1654. He is one of the 
nineteen colonists named in the charter of Connecticut; was 
made a representative in the house of deputies in 1660, and a 
member of the house of magistrates from 1662 to the time of 
his death. His note-book of about four hundred pages, closely 
written in shorthand of his own invention, and not deciphered 
until 1857, contains valuable historical dates, texts, and general 
outlines of sermons by Warham, Hunt, Hooker, and Stone dur- 
ing sessions of the general and particular courts, including elec- 
tion sermons of Mr. Hooker on May 31, 1638, and April 11, 
1639. He also gives data of his experience in raising fruit, and 
his apple orchard is on record as having been the finest and lar- 
gest in the Connecticut valley and as having produced five hun- 
dred hogsheads of ''Syder" in one j^ear. This orchard was in 
bearing before 1649, and for twenty years after 1650 he sup- 
plied young trees, summer and winter apples, and cider by the 
hogshead, gallon, or pint to the people of Windsor and nearby 
settlements, and exported to other colonies. 

Died, in Windsor, July 12, 1680. 

Married, November 18, 1641, Sarah, daughter of Thomas New- 
bury, who died July 16, 1684. 

Issue : 

1. Henry Wolcott, b. June 6, 1643. 

2. John Wolcott, b. February 28, 1645. 

3. Samuel Wolcott, b. October 8, 1647 ; d. May 10, 1648. 

4. Sarah Wolcott, b. July 5, 1649; m., June 6, 1674, Captain 
John Price, of Salem, Massachusetts. 

5. Mary Wolcott, b. December 6, 1651; m., June 2, 1679, 
James Eussell, of Charlestown, Massachusetts. 

GEORGE WOLCOTT, third son of Henry and Elizabeth 
(Saunders) Wolcott, was born in Tolland, Somersetshire, Eng- 
and. He came with his parents and family to New England in 
1630 and removed with them from Dorchester, Massachusetts 
Bay Colony, to Windsor, Hartford Colony, in 1636. He was 


made a freeman by the general court of Connecticut, May 21, 

Died, at Wethersfield, Connecticut, February 12, 1662. He 
made his will January 19, 1662, in which he names his wife, 
Elizabeth, his sons George and John and daughters Elizabeth and 
Mercy, and names as his estate housings and lands in Wethers- 

Married Elizabeth Treat, and settled in Wethersfield. 

Issue : 

1. Elizabeth Wolcott, b. June 20, 1650; m., December 15, 
1686, Gabriel Cornish. 

2. George Wolcott, b. September 20, 1652; m., August 30, 
1691, Elizabeth Cortis, and had ten children. His estate was 
valued at £840. 

3. John Wolcott, b. August 5, 1656, and was living at the date 
of his father's will in 1662. 

4. Mercy Wolcott, b. October 4, 1659, was an invalid in 1687. 

SIMON WOLCOTT, youngest son of Henry Wolcott and 
Elizabeth (Saunders) Wolcott, was born in Tolland, Somerset- 
shire, England, about September 11, 1624, or 1625. Being an 
infant when his father, mother, and brothers sailed for the new 
world, he remained with his two sisters, their parents not wish- 
ing to submit them to the hardships they knew they would en- 
counter in selecting and building a home. The date of his arrival 
in America is not on record, but we find him before the general 
court of Connecticut Colony in 1654, at which time he was thirty 
years of age, and was admitted to all the privileges of a free- 
man of the colony. 

He settled on land on the road to Hartford, opposite his fath- 
er's homestead in Windsor, which land he had purchased from 
Goodman Whitehead. We then find him possessed of a grant 
of land in Simsbury in 1667, at which time he was prominent in 
town affairs. In 1668 he was a member of a committee appointed 
by the general court to supervise planting by the new settlers. 
He removed from Windsor to Simsbury in 1671, and was made 
captain of the train band of the new town, August 11, 1673, 


and a selectman of the town in 1674. During King Philip's War 
all the settlers of the town were driven from their homes by 
the Indians, and it is said that he hid the silver belonging to 
the family in a brass kettle and buried the kettle and contents 
in a swamp near the house, and it sank too deep and was never 
recovered. In 1680 the general court granted him two hundred 
acres of land, and at that tune he was one of the six pioneer 
settlers to be honored by the honorable title of ''Mr." He 
removed across the river in 1680 with his family, and began to 
clear a farm on his grant. He had begun to build a new house 
and to clear the land for cultivation, but had made little progress 
when he died, whereupon his widow and sons took up the work 
and comi^leted his plans, in which his widow was assisted by 
her second husband. 

Died in Simsbury, Connecticut, September 11, 1687. 

Married, 1st, March 19, 1657, Joanna Cook, daughter of Aaron 
Cook, a pioneer settler of Windsor. She was born August 5, 
1638, and died April 27, 1657. 

Married, 2d, October 17, 1661, Martha Pitkin, sister of Wil- 
liam Pitkin, of East Hartford, attorney-general and treasurer 
of the colony, and before the charter an assistant of Massachu- 
setts Bay Colony. From him descended the honorable Pitkin 
family of Hartford. She was born in England about 1640 and 
died at Simsbury, Connecticut, October 13, 1719, aged eighty 
years. She married as her second husband, in 1689, Daniel 
Clark, who took up the work on the new farm laid out by Simon 
Wolcott and completed the house and became the head of the 
family, bereft so early in life of a father's care. Of his mother. 
Governor Eoger Wolcott says: "She was a gentlewoman of 
bright and natural parts, which were well improved by her edu- 
cation in the city of London. She came to New England in 
1661, and the same year was married to my father. The rest of 
her useful life she spent in the wilderness in doing good and set- 
ting an example of piety and prudence, charity and patience." 

Issue (all by second wife) : 

1. Elizabeth Wolcott, b. August 19, 1662; m., December 10, 
1680, Daniel Cooley, of Long Meadow, Massachusetts. 


2. Martha Wolcott, b. May 17, 1664; m., January 6, 1686, 
Thomas Allyn, of Windsor. 

3. Simon Wolcott, b. June 24, 1666; m., December 5, 1689, 
Sarah Chester, daughter of Captain John Chester, of Wethers- 
field. Issue six children. 

4. Joanna Wolcott, b. June 30, 1668; m., September 2, 1690, 
John Colton, of Long Meadow, Massachusetts. 

5. Henry Wolcott, of whom below. 

6. Christopher Wolcott, b. July 4, 1672 ; d. April 3, 1693. 

7. Mary Wolcott, b. in 1674 ; d. in 1676. 

8. William Wolcott, b. November 6, 1676. 

9. Roger Wolcott, of whom below. 


HENRY WOLCOTT, second son and fifth child of Simon and 
Martha (Pitkin) Wolcott, was born in South Windsor, Connec- 
ticut, May 2.0, 1670. He was one of the original proprietors 
of Tolland and Wellington, Connecticut, and was a man of affairs 
in his own town. He and his family are said to have been of 
unusually tall stature. He located himself on the main street in 
East (now South) Windsor, about a mile south of the present 
meeting house, and the house which he there built was torn down 
and the material used in the erection of the "Old Wolcott Home- 
stead." This house was preserved the longest of the early Wol- 
cott homes and was the birth-x^lace of Henry's great-grandchil- 
dren, the children of his grandson, Samuel Wolcott. It was torn 
down when the ownership passed out of the Wolcott family, only 
during the last generation, and was probaby the site of the 
original family seat on the east side of the river. 

Died in November, 1746. 

Married, 1st, April 1, 1696, Jane, daughter of Thomas Allyn 
of Windsor. She was born July 22, 1670, and died April 11, 1702, 
after the birth of her second child. 

Married, 2d, Rachel, (probably Talcott), who died January 8, 

Married, 3d, April 11, 1727, Hannah, widow of John Wolcott. 


Issue: (by first wife) 

1. Henry Wolcott, b. February 28, 1697; m., December 27, 
1716, Abigail Cooley, of Long Meadow. Issue: i. Benjamin 
Wolcott. ii. Jane Alljm Wolcott. iii. Abigail Wolcott. iv. 
Penelope Wolcott. v. Tryphena Wolcott. vi. Henry Wolcott. 
vii. Christopher Wolcott. viii. Simon Wolcott. ix. Peter Wol- 
cott. X. Martha Wolcott. 

2. Thomas Wolcott, b. April 1, 1702; m., August 12, 1725, 
Catherine Loomis. Issue: i. Thomas Wolcott. ii. Miriam Wol- 
cott. iii. Luke Wolcott. iv. Jane Catherine Wolcott. v. Re- 
dexelana Wolcott. vi. Eachel Wolcott. 

Issue: (by second wife) 

3. Peter Wolcott, b. between 1703 and 1709 ; m., May 30, 1733, 
Susanna (Hamlin) Cornwall, widow. Issue: i. Giles Wolcott, 
m. Sibyl Alden, and left four sons. 

4. Eachel Wolcott, m. Joseph Hunt. 

5. Jane Wolcott, b. October 20, 1710, d. March 16, 1711. 

6. Gideon Wolcott, of whom below. 

EOGER WOLCOTT, youngest child of Simon Wolcott and 
Martha (Pitkin) Wolcott, was born in Windsor, Connecticut, 
January 4, 1679. In 1680 his parents removed to the west side 
of the Connecticut river opi^osite Windsor, and at that lime there 
was no school or church in the neighborhood and he was in- 
structed solely by his parents. His father died when he was 
eight years of age, and before the farm house and buildings 
were completed or his proposed farm cleared. The widowed 
mother and her children took up the work, and, as expressed 
by the youngest son when governor of Connecticut, ''we never 
wanted." When eleven years of age he could read and write, 
and when fifteen years of age he left the farm to learn the trade 
of clothier. On January 2, 1699, he established himself in busi- 
ness as clothier on his own account in Windsor. 

He was made selectman of the town in 1707, and deputy to 
the general assemblj'^ in 1710. As commissary of Connecticut 
stores for the colonial militia, he took part in the expedition 
against Canada in 1711, and on his return home he was made a 


counselor to the colonial governor in 1714 ; judge of the Windsor 
county court in 1731 ; judge of the superior court of the colony 
in 1732 ; deputy governor and chief judge of the superior court 
in 1741. In 1745 he attained the rank of major-general of the 
colonial army by his services at the siege of Louisburg, his com- 
mission being signed by Governor Shirley of Massachusetts and 
Governor Law of Connecticut, he having led the Connecticut 
troops in the expedition against Cape Breton. At this time he 
was sixty-seven years old, and except the Reverend Mr. Moody, 
the oldest officer in the service. Speaking of this service he 
said, ''It was a tough business. Divine Providence appeared 
wonderfully in our favor and should forever be remembered with 
thankfulness." On returning from this successful expedition, 
he was received with popular applause, and in 1750 he was 
elected governor of Connecticut. He served up to 1754, when 
he was retired by the will of the voters who were oifended by 
his want of action in reference to aiding the Spanish merchant 
vessels, which had taken refuge in New London harbor. The 
governor defended his course by asserting that the owners of the 
cargoes had neglected and delayed to notify the governor, and 
when the case reached the king's council, he was absolved from 
all blame and public favor was in a measure restored. In the 
election of 1755 he was again a candidate for governor and 
lacked only two hundred votes of re-election. He thereupon 
retired from public life. 

In 1704 he built a mansion house which withstood the storms 
of two centuries, and upon the panels, which were taken from 
the house when demolished and which have been preserved, are 
paintings representing scenes of the attack of the Indians on 
the pioneer settlers of Deerfield, which is historically known as 
the ''Massacre of Deerfield." He was the author of three not- 
able books : ' ' Political Meditations ; Being the Improvement 
of Some Vacant Hours" (1720) ; "A Tract on a Controversial 
Letter of New England Churches" (1761) ; " A Brief Account 
of the Agency of the Honorable John Winthrop, Esq., in the 
Court of King Charles II. A. D. 1662;" a poem of fifteen hun- 
dred lines, in which he gave a description of the Pequot War, 
the original manuscript of which is preserved among the archives 


of the Connecticut Historical Society, and was first printed in 
the Collections of the Massachusetts Historical Society; and 
"Letter to the Freemen of Connecticut; (1761). 

Died in East Windsor, Connecticut, May 17, 1767. 

Married, December 3, 1702, Sarah Drake, daughter of John 
and Mary (AVolcott) Drake. She was bora ]\[ay 10, 1686. She 
was a descendant in the twenty-first generation from AVilliam 
the Conqueror. 

Issue : 

I. Roger Wolcott, b. September 14, 1704. 

•2. Elizabeth Wolcott, b. April 10, 1706; m., August 24, 1727, 
Roger Newberry, of Windsor. 

3. Alexander Wolcott, b. January 20, 1708; d. an infant. 

4. Samuel Wolcott, b. January 9, 1710; d. December 22, 1717. 

5. Alexander Wolcott, b. January 7, 1712; killed by a cart- 
wheel, October 8, 1741. 

6. Sarah Wolcott, b. December 10, 1713; d. same day. 

7. Sarah AVolcott, b. January 31, 1715; d. January 5, 1735, 
"in an extasie of Joy over Death." 

8. Hojizibah Wolcott, b. June 23, 1717 ; m. John Strong, of 
East Windsor, November 10, 1737. 

9. Josiah Wolcott, b. February 6, 1719; d. January 29, 1802. 

10. Erastus Wolcott, b. February 8, 1721; d. May 10, 1722. 

II. Epaphrus Wolcott, b. February 8, 1721; d. April 3, 1733. 
12. Erastus Wolcott, b. September 21, 1722. 

1.;. Ursula Wolcott, b. October 30, 1724; m., November 10, 
1743, Matthew Griswold, afterwards governor of Connecticut. 
14. Oliver Wolcott, of whom below. 


GIDEON WOLCOTT, youngest child of Henry and Rachel 
(Talcott) Wolcott, was bom in East (now South) Windsor, Con- 
necticut, in 1712. He commanded one of the companies raised 
by the colonists in 1760 to protect the settlers from the depre- 
dations of the French and Indians and was thereafter known 


by his rank as ''Captain Gideon." The oak tree still standing 
on the site of the seat of the Wolcotts at South Windsor is be- 
lieved to have been phmted in his early childhood by his father. 
Died June 5, 1761. The inventory of his estate at his death 
was rendered at two thousand, five hundred and seventy-five 
pounds, two shillings and three pence. The following epitaphs 
are found in the family burial grounds : 

"In Memory of Capt. Gideon Wolcott, who departed this life 
June 5th, A. D. 1761, in the 50tli year of his age." 

**In Memory of Mrs. Naomi Wolcott, late Relict of Capt. 
Gideon Wolcott. She was born in East Hartford, March 1st, 
1721, and died Xov. 7th, 1775. Be ye followers of them who 
through Faith and patience inherit the promises." 

Married, 1st, Abigail, daughter of Samuel Mather of Wind- 
sor. She was born May 3, 1718, and died in June, 1741. 

Married, 2d, Naomi, daughter of Deacon Joseph Olmsted of 
East Hartford. 

Issue : 

1. Abigail Wolcott, m., April 9, 1764, Charles Rockwell, of 
South Windsor. 

2. Scrmiid Wolcott, of whom below. 

3. Naomi Wolcott, b. September 28, 1754; d. April 16, 1782; 
m., February 8, 1780, Reverend AVilliam Robinson of Southing- 
ton. (Yale College A. B., 1773). 

4. Gideon Wolcott, 1). November 28, 1756, d. in 1806. 

5. Elizier Wolcott, b. April 12, 1760; d. September 20, 1828; 
ni. Elizabeth, daughter of Dr. Alexander Wolcott, b. January 
13, 1763, and died October 12, 1817. 

OLIVER WOLCOTT, seventh son and fourteenth child of Rog- 
er Wolcott and Sarah (Drake) Wolcott, was boni in Windsor, No- 
vember 26, 1726. He was graduated from Yale (college, A. B., 
1747. L'^pon leaving the college; he enlisted in the New York 
colonijil army, preparing for operating against the French and 
Indians on the northern rroiitiei-, aii<l lie raised a ('oin])any and 


held the commission of captain from the governor of New York 
in that service. He remained in the service up to the time of 
the peace of Aix la Chapelle. He then studied medicine and was 
appointed the first sheriff of Litchfield county, in 1751, serving 
in that office for twenty years. 

He was a representative from Litchfield in the general assem- 
bly of the colony, 1764-70; an assistant to the governor, 1771- 
86; judge of the probate court, 1772-95; colonel of the militia in 
177-1, and chief judge of the court of common pleas of Litchfield 
county, 1774-86. He was a delegate to the continental congress 
in 1775 and served for two terms, 1775-1778, and was a signer 
of the Declaration of Independence as passed July 4, 1776. He 
was a brigadier-general in the American revolution, being pro- 
moted to that rank in August, 1776. At the beginning of the 
war the continental congress assembled in New Y^ork, of which 
city he was a resident, and when the large leaden statue of 
George TIL, on Bowling Green, was pulled down by the revolu- 
tionists to be melted into bullets, it was carried to his house and 
the bullets were moulded in the huge fireplace in the kitchen. 

He was again a member of congress from Connecticut, 1780- 
83 ; lieutenant-governor of Connecticut, 1786-96, and on the death 
of Governor Hutchinson, in 1796, he was sworn in as governor. 
In 1797 he was elected governor and held the office at the time 
of his death. He received the honorary degree of M. A. from 
Yale College in 1765 and that of LL.D. in 1792. 

Died in Litchfield, Connecticut, in December, 1797. 

Married, January 21, 1755, Lorraine [or Laura] Collins, 
daughter of Captain Daniel Collins and Lois (Cornwall) Collins 
(born 1720, died 1787), of Guilford, Connecticut 

Issue : 

1. Oliver Wolcott, b. August 31, 1757 ; d. September 13, 1757. 

2. Oliver Wolcott, of whom below. 

3. Laura Wolcott, b. December 15, 1761 ; m., October 6, 1785, 
William Mosley; Yale 1777. 

4. Mariann Wolcott, b. February 16, 1765; m., in October, 
1786, Chauncey Goodrich (Yale, 1776). 

5. Frederick Wolcott, of whom below. 



SAMUEL WOLCOTT, eldest son and second child of Gideon 
and Naomi (Olmsted) Wolcott, was born in the homestead at 
South Windsor, Connecticut, April 4, 1751. He continued to 
live on the old homestead and cultivated the old farm which had 
been owned and occupied by his father and grandfather. He 
served as commissary in the revolution. One who saw him in 
his declining years has left this description of him: ''At the 
time of my earliest recollections of him he was somewhat crip- 
pled by seven attacks of the gout, which heavily afflicted the lat- 
ter years of his life. When young, he must have been a person 
of great manly beauty. His height was near six feet, his frame 
robust and well covered with muscle, his whole physical structure 
adapted alike to strength and activity. His hair was very dark, 
but not quite enough to be called black, his eyes dark hazel and 
of uncommon brightness, his features regular, and his whole 
countenance indicative of a strong and active mind." 

Died June 7, 1813. The inventory of his estate amounted to 
thirty thousand, six hundred sixty-nine dollars and nine cents. 

Married, December 29, 1771, Jerusha, daughter of General 
Erastus and Jerusha (Wolcott) Wolcott and granddaughter of 
Governor Roger Wolcott. She was born November 29, 1755, 
and died March 19, 1814. 

Issue : 

1. Jerusha Wolcott, b. October 8, 1775 ; m., November 30, 1794-, 
Epaphrus Bissell, of East Windsor Hill. 

2. Naomi Wolcott, b. October 10, 1777 ; m., October 1, 1804, 
James Wadsworth of Geneseo, New York (Yale A. B. 1787). 
He was born April 20, 1768, and died June 7, 1844. Issue: i. 
James Samuel Wadsworth, b. October 30, 1807, d. in battle, May 
6, 1864, in command of a division at the Wilderness. 

3. Samuel Wolcott, b. December 12, 1781, d. February 17, 1795. 

4. Elihu Wolcott, of whom ])elow. 

5. Sophia Wolcott, b. March 29, 1786; m., October 19, 1807, 
Martin Ellsworth, of Windsor (Yale A. B. 1801), son of Chief- 
Justice Ellsworth. Issue: i. Oliver Ellsworth, was graduated 
from Yale in the class of 1830. 


6. Ursula Wolcott, b. November 17, 1788 ; m., May 10, 1815, 
Eeverend Newton Skinner (Yale A. B., 1804). Issue: i. Sam- 
uel Wolcott Skinner, was graduated at Yale, A. B., 1842, M. 
D., 1846. 

7. Elizabeth Wolcott, b. September 23, 1791; m., November 
23, 1820, Erastus Ellsworth (1789-1878). Issue: i. Erastus 
Wolcott Ellsworth (Amherst A. B., 1844) ; he is the author of 
a volume of poems, ii. Mary Lyman Ellsworth, m. Dr. William 
Wood, author of ''Birds of Connecticut." 

8. Horace Wolcott, b. March 25, 1794, was captain of mounted 
troop in his native town and removed first to Michigan and then 
to Illinois, where he d. in 1838. 

OLIVER AVOLCOTT, second son and child of Oliver Wol- 
cott, the Signer, and Lorraine [or Laura] (Collins) Wolcott, 
was born in Litchfield, January 11, 1760. He was graduated at 
Yale CoUege, A. B., 1778; A. M., 1781. He served in the Ameri- 
can revolution under the command of his father, General Oliver 
Wolcott, during part of the war, and was a member of the com- 
mittee of tlie pay-table of Connecticut troops, 1782-88. In 1784 
he was appointed a commissioner to assist Oliver Ellsworth in 
adjusting and settling the claims of Connecticut against the 
United States. 

He was a comptroller of public accounts of the United States, 
1788-89; auditor of the Ignited States treasury, 1789-91; secre- 
tary of the United States treasury as successor to Alexander 
Hamilton, 1795-1800; and in 1801 he was appointed judge of the 
second United States circuit court. At the close of his term of of- 
fice, in 1802, he engaged in mercantile business in New York, con- 
tinuing up to 1^12, when he joined his l)rother, Frederick Wolcott, 
in building extensive factories at Wolcottville, Connecticut. He 
was elected governor of Connecticut in 1818, which office he held 
by successive elections up to 1827, when he refused further ser- 

He was the author of several political pamphlets, and in 1846 
his pa])ers were edited by Gibbs under the title, ''Memoirs of 
the Administrations of Washington and John Adams." He 
received the honorarj' degree of LL.D. from Brown University 


in 1799; from the College of New Jersey the same year, and 
from Yale College in 1819. His will was dated July 14, 1832, 
and was probated in 1833. He was buried in Litchfield ceme- 

Died in New York city, June 1, 1833. 

Married, June 1, 1785, Elizabeth Stoughton, only daughter of 
Captain John Stoughton, of the British provincial army, and 
Euth (Belden) Stoughton. She was born October 27, 1767, died 
September 25, 1805, a descendant of Thomas Stoughton, an 
original settler of Windsor. 

Issue : 

1. John Stoughton Wolcott, b. August 28, 1787 ; d. February 
4, 1789. 

2. Oliver Wolcott, b. May 27, 1790; d. July 17, 1791. 

3. Laura Wolcott, b. April 10, 1794; buried from All Souls 
Church, New Y^ork city, December 13, 1870; m., December 27, 
1810, Col. George Gibbs, of Newport, Ehode Island, and of Sun- 
swick. New York. 

4. Elizabeth Stoughton Wolcott, b. October 9, 1795 ; m., July 
2, 1813, William Gracie, of New York city. 

5. Oliver Stoughton Wolcott, b. January 18, 1800 ; d. May 23, 
1832; m., November 9, 1820, Jane Lowe Conrad, daughter of 
John Conrad, of Chester county, Pennsylvania. Issue : i. Oliver 
Wolcott, b. September 14, 1823 ; d. May 22, 1856, the last male 
descendant of Oliver Wolcott, secretary of the United States 
Treasury, in the line of his sons. 

6. John Stoughton Wolcott, M. D., b. December 4, 1802; d. 
November 22, 1843; never married. Named in his father's will 
as residing with him, ''the protector of his declining years." 

7. Henry Wolcott, b. September 4, 1805; d. September 25, 

FREDERICK WOLCOTT, third son and fifth child of Oliver 
Wolcott, the Signer and Lorraine [or Laura] (Collins) Wol- 
cott, was born in Litchfield, Connecticut, November 2, 1767. He 
was graduated at Yale, A. B., 1786, with the honors of his class. 
He was an accomplished scholar and kept up his studies of the 


classics and ancient literature. In his youth he met President 
Washington and other leaders of the American revolution and 
later gave delightful reminiscences of his visits to the national 

He was a judge of the probate court of Connecticut for more 
than thirty years, twice refused the nomination for governor of 
the state, and aided in electing to that office his brother, Oliver 
Wolcott, at the successive elections, 1818 to 1826. His duties as 
judge and state senator enabled him to live in Litchfield during 
his entire life. Inadequate health was the chief cause of his 
refusing office which would call him away from home. 

Died in Litchfield, May 28, 1837. 

Married, 1st, October 12, 1800, Betsy Huntington, daughter 
of Joshua and Hannah Huntington, of Norwich, Connecticut. 
She was born November 8, 1774, died April 12, 1812. 

Married, 2d, July 21, 1815, Sally Worthington (Goodrich) 
Cooke, born August 7, 1785 ; died September 14, 1842 ; daughter 
of Eeverend Samuel Goodrich, of Berlin, Connecticut, grand- 
daughter of Eeverend Elizur and Elizabeth (Ely) Goodrich, 
and widow of Axqos Cooke, of Danbury, Connecticut. She was 
the mother of Elizabeth Cooke, who married Richard Wayne 
Stites, of Savannah, Georgia, and Morristown, New Jersey, and 
of Joseph Piatt Cooke, M. D. (Yale 1827), who died at sea in 
1835, unmarried, and was buried with the Wolcott family in 

Issue (by first wife) : 

1. Mary Ann Goodrich Wolcott, b. August 9, 1801 ; m.. May 
22, 1827, Asa Whitehead, of Newark, New Jersey. 

2. Hannah Huntington Wolcott, b. January 14, 1803 ; m., April 
21, 1834, Reverend Frederick Freeman, of Sandwich, Massa- 

3. Joshua Huntington Wolcott, of whom below. 

4. Elizabeth Wolcott, b. March 6, 1806 ; d. October 15, 1875 ; 
m., May 22, 1827, John P. Jackson, of Newark, New Jersey. 

5. Frederick Henry Wolcott, b. August 19, 1808; m., first, 
June 12, 1838, Abby Woolsey Howland, daughter of Gardiner 
G. Howland, of New York. She died January 14, 1851. M., sec- 


ond, January 18, 1855, Sarah Elizabeth Chase Merchant, daugh- 
ter of General Charles S. Merchant, United States Army. Issue 
(by first wife) : i. Frederick Henry Wolcott, b. October 30, 
1845. ii. Gardiner Howland Wolcott, b. August 25, 1848, m. 
Oliver Huntington Wolcott, b. in 1850; d. in 1851. Issue (by 
second wife) : iv. Charles Merchant Wolcott b. in 1855; d. in 

6. Laura Maria Wolcott, born August 14, 1811 ; m., March 3, 
1831, Robert G. Rankin, of New York and Newburgh, New York. 

Issue (by second wife) : 

7. Charles Moseley Wolcott, b. November 20, 1816 ; m., first, 
November 1, 1843, Mary E. Goodrich, daughter of Samuel G. 
Goodrich. She died November 13, 1845. M., second, November 
26, 1849, Catherine A. Rankin. He lived at "Roseneath," Fish- 
kill Landing, New Y^ork. 

8. Chauncey Goodrich Wolcott, b. March 15, 1819 ; d. October 
28, '1820. 

9. Henry Griswold Wolcott, b. November 4, 1820 ; d. in New 
Y^ork city. May 8, 1852 ; never married. 

10. Mary Frances Wolcott, b. July 9, 1823 ; m., February 4, 
1845, Theodore Frothingham, of Boston. Issue: i. Theodore 
Frothingham, Harvard, 1870. 


ELIHU WOLCOTT, second son and fourth child of Samuel 
and Jerusha (Wolcott) Wolcott, was born in the old homestead 
at South Windsor, Connecticut, February 12, 1784. His farm 
adjoined that of his father on the south. He represented his 
town in the Connecticut legislature, and in 1830 he removed with 
his family to Jacksonville, Illinois, where a site had just been 
selected for the future Illinois College. He engaged in mer- 
chandising and later in life devoted his time to the care of his 
real estate, which had rapidly increased in value. At his death 
his property was inventoried at one hundred thousand dollars. 

Married, 1st, November 27, 1806, Rachel McClintock, youngest 
daughter of Dr. David McClure (Yale, A. B., 1769, A. M., 1773; 
Dartmouth, D. D., 1803). She died in 1820. 


Married, 2d, May 13, 1823, Juliaua, daughter of Erastns Wol- 
cott of South Wiudsor. who died November 30, 1832, at Jack- 
sonville, Illinois. 

Married, 3d, September 7, 1835, Sarah C, daughter of Deacon 
John Crocker, of Derry, Xew Hampshire. She vras born in 
Derry, Xe^^ Hampshire, August 17, 1797, and died in Jackson- 
ville, Illinois, August 4, 1814. 

Issue (by first wife) : 

1. Elizabeth Ann Wolcott, b. December 26, 1807 ; m.. Novem- 
ber 28, 1832, Colonel Carlton H. Perry, of Keokuk, Iowa, an 
officer in the civil war. 

2. Hannah McClure Wolcott, b. in East Windsor, Connecticut, 
June 7, 1811 ; d. in Jacksonville, Illinois. Augiist 31, 1858 ; m., 
November 28, 1832. Eeverend William Kirby (^Yale A. B., 1827) 
who was born in Middletown, Connecticut, July 2, 1805, and d. 
in Winchester, Illinois. December 20, 1851. Issue seven chil- 

3. Samuel Wolcoff, of whom below. 

1. Arthur Wolcott. b. April 10, 1815 ; m., first. July 12, 1819, 
Sarah Ann, daughter of General William Morrison, of Lock 
Haven. Pennsylvania : m., second, Clara, daughter of General 
William G. Belknap, U. S. A., of Newburgh, New York. Issue 
(by second wife) : Bertha Belknap Wolcott, b. April 10, 1865, 
in Keokuk, Iowa. 

5. Elizier Wolcott, b. Augiist 7. 1817, d. in 1901 : Y^ale A. B., 
1839; m., July 15, 1816, Martha Lyman, daughter of Daniel 
Dwight of Amherst, Massachusetts. He engaged in railroad 
sei'vice as civil engineer until failing health obliged him to retire 
and he lived in Jacksonville. Illinois, where he kept up his liter- 
ary pursuits and was superintendent of the erection of water 
works for the town. Issue: i. Leofwyn Wolcott, (1817-1858). 
ii. Edith Dwight Wolcott, b. in 1850. iii. Elihu Wolcott, (1859- 
1860). iv. May Wolcott. b. May 11, 1863. 

6. Frances Jane Wolcott, b. March 30, 1819 ; m., January 2, 
1819, Major Barbour Lewis (Illinois College A. B., 1845); 
was a soldier in the Ci^il War, lawyer in Memphis, Tennessee, 


and representative for the Memphis district in the United States 

Issue (by second wife) : 

7. Helen Maria Wolcott, b. July 9, 1824, d. May 13, 1831. 

8. Ella Louisa Wolcott, b. January 4, 1828. 

9. Julia Ann Wolcott, b. June 20, 1829; m., November 19, 
1846, William C. Carter, (Illinois College A. B., 1845). 

Issue (by third wife) : 

10. Sarah Elizabeth Wolcott, b. May 12, 1837, d. September 
6, 1838. 

11. Richard Wolcott, b. January 10, 1840, (Illinois College A. 
B., 1859). He was captain in the civil war; attorney at law in 
Springfield, Illinois. M., July 11, 1865, Jane Van Vechten, 
daughter of James D. B. Salter of Springfield. Issue : i. Cor- 
delia Leland Wolcott, b. May 9, 1866. ii. Lucy Salter Wolcott, 
b. November 13, 1867. iii. Ella Richard Wolcott, b. July 5, 1873, 
d. February 3, 1875. 

JOSHUA HUNTINGTON WOLCOTT, eldest son and third 
child of Frederick Wolcott and Betsey (Huntington) Wolcott, 
was born August 29, 1804. He was a partner in A. and A. 
Lawrence and Company, of Boston, and treasurer of the New 
England Sanitary Commission during the civil war. 

Died January 4, 1891. 

Married, 1st, Cornelia Frothingham, daughter of Samuel 
Frothingham, of Boston. 

Married, 2d, November 12, 1851, Hannah Frothingham, sister 
of his first wife. 

Issue (all by first wife) : 

1. Huntington Frothingham Wolcott, b. February 4, 1846 ; d. 
June 10, 1865. 

2. Roger Wolcott, of whom below. 


SAMUEL WOLCOTT, eldest son and third child of Elihu 
and Rachel McClintock (McClure) Wolcott, was born in South 
Windsor, Connecticut, July 2, 1813. He was prepared for col- 


lege at East Windsor Hill Academy, then conducted by William 
Strong, subsequently associate justice of the United States su- 
preme court. He matriculated at Yale in 1829 with the class of 
1833 and was commencement orator at his graduation, the sub- 
ject of his oration being, "The Proper Direction of American 
Enterprise and Talent." He was graduated A. B., in 1833, A. 
M., in 1836, and pursued a course in theology at Andover, 
graduating B. D,, in 1837, being ordained to the Congregational 
ministry in Boston, November 13, 1839. Mr. Wolcott was twice 
married, first, on September 5, 1839, to Catherine Elizabeth 
Wood, daughter of Ezra Wood, of Westminster, Massachusetts. 
Immediately after his ordination, he went with his wife as mis- 
sionary to Beirut, Syria, where his wife died on October 26, 1841, 
and Mr. Wolcott returned soon after, to Boston. He married, 
second, November 1, 1843, Harriet Amanda Pope, daughter of 
Jonathan A. Pope, of Millbury, Massachusetts. 

Mr. Wolcott served as pastor successively in Longmeadow^ 
and Belchertown, Massachusetts ; in Providence, Ehode Island ; 
in Chicago, and in Cleveland, Ohio. In 1863, he received the 
honorary degree of S. T. D. from Marietta College. After Dr. 
Wolcott 's retirement from active pastoral work, he remained in 
Cleveland for ten years as secretary of the Ohio Home Mission- 
ary Society. At this time also he completed his work as writer 
of the ' ' Wolcott Memorial, ' ' a work to which he had at two dif- 
ferent periods, in his younger years, given much time. This 
sumptuous volume, prepared by Dr. Wolcott, was published at 
great expense by the three brothers, Huntington, Frederick, and 
Charles Wolcott, of the Litchfield family, and was privately dis- 
tributed, the edition having been limited to a few hundred cop- 
ies. In 1884, Dr. Wolcott returned to New England, and lived 
at Longmeadow, Massachusetts, where he died February 24, 

His forbears having in three generations married Wolcott 
cousins, he and his brothers and sisters, and their descendants 
have complicated lines of descent from Henry Wolcott, the emi- 
grant ancestor of the family, best shown by the following dia- 
gram : 



J5 . 
-1-1 \r> 


o . 



> in 


3 «^ 

4:: CO 
in i-H 

-Q— _ 


'c/^ Q 


- OJ Hf - 



^\o ~ 

^ l> 




- 3 .»- 

^ Oh 

B .< . 

Coo (L> '-' 
v3 t^-- 00 



W c^ 

Issue (all by second wife) : 

1. Samuel Adams Wolcott, of whom below. 

2. Henry Roger Wolcott, of whom below. 

3. Edward Oliver Wolcott, of whom below. 


4. Harriet Agnes Wolcott, b. Marcli 15, 1850; m., April 29, 
1879, Frederick 0. Vaille, Harvard, A. B., class of 1874; lives 
in Denver, Colorado. Issue: i. Harriet Wolcott Vaille. ii. 
Edith Wolcott Vaile, m. Otis Weekes, and has three children, iii. 
Agnes Wolcott Vaille. 

5. William Edgar Wolcott, of whom below. 

6. Katherine Ellen Wolcott, b. August 25, 1854; m., Novem- 
ber 25, 1880, Charles Hansen Toll, Hamilton, A. B., 1872 ; re~ 
sided in Denver, where he was attorney-general of the State 
in 1880. Issue: i. Charles Hansen Toll, m. Mayes Martin, 
granddaughter of United States Circuit Judge Henry C. Cald- 
well. Has one daughter, ii. Roger Wolcott Toll, m. Marguerite 
Cass, of Denver, iii. Henry Wolcott Toll. iv. Oliver Wolcott 

7. Mary Alice Wolcott, b. July 24, 1856 ; d. February 3, 1858. 

8. Anna Louise Wolcott, b. May 25, 1858 ; attended Wellesley 
College; Principal Wolfe Hall, Denver, 1892-1898. Founded, 
with the financial aid of her brother, Henry, ''The Wolcott 
School for Girls," in Denver. Principal of the same 1898 to 
1913. Regent of the University of Colorado from 1910. Mem- 
ber of the Board of Managers of the School of American Arch- 
geology. Third Vice-president, Western Chapter of National 
American Red Cross Society. M., January 4, 1913, Joel Fred- 
erick Vaile, A. B., Oberlin College, law partner of her brother, 
Senator Edward 0. Wolcott; delegate 1880 from Indiana to 
Republican National Convention. Resides in Denver. 

9. Clara Gertrude Wolcott, b. December 17, 1859, A. B., from 
Smith College, 1882. 

10. Herbert Walter Wolcott, of whom below . 

11. Charlotte Augnista Wolcott, b. October 20, 1863, A. B., 
Smith College, 1887. M., January, 1904, Captain Charles Fran- 
cis Bates, 25th Infantry, U. S. A., d. April 16, 1912. Issue: 
Roger Wolcott Bates, b. December 28, 1904. 

ROGER WOLCOTT, second son of Joshua Huntington Wolcott 
and Cornelia (Frothingham) Wolcott, was born in Boston, Mas- 
sachusetts, July 13, 1847. He was prepared for college in pri- 
vate schools in Boston and was graduated at Harvard College, 


A. B., 1870, LL.B., 1874, serving as class orator at the com- 
mencement exercises in 1870. He was tutor in the college, 1871- 
2. In 1874 he was admitted to the Suffolk bar and was a prac- 
tising lawyer in Boston for only a short time, as the care of 
his investments and those of his mother engaged his attention. 
He early became interested in politics and was elected a member 
of the common council of the city of Boston by the Republican 
party in 1876. He held that office in 1877, 1878 and 1879 and 
again in 1887 and 1889. In 1882 he was elected a representa- 
tive to the general court of Massachusetts, and served in the 
lower branch of the legislature, 1882-85. In 1884 he worked 
and voted against the election of the Blaine and Logan Republi- 
can ticket. He was a delegate to the Massachusetts state con- 
vention of the Republican party in 1885. He instituted the 
reform movement within the Republican party in Massachusetts 
known as the ''Mugwump" movement, and when the Young 
Men's Republican Club was formed in 1891 as a definite organ- 
ization as the result of this reform movement, he was elected its 
first president. As the club expanded, the name was changed to 
the Republican Club of Massachusetts, and in 1892 his name was 
placed before the voters of the commonwealth as a reform can- 
didate for lieutenant-governor, the ticket being headed by F. T. 
Greenhalge for governor. The reform movement split the ticket 
and William E. Russell, Democrat, was elected governor, and 
Roger Wolcott, lieutenant-governor. In 1893 the Republican 
party renominated the ticket of 1892 and elected it, and he thus 
served as lieutenant-governor in 1892 and 1893. He was renom- 
inated and re-elected in 1893, 1894 and 1895 and served as lieu- 
tenant-governor 1894, 1895 and 1896. On the death of Grovernor 
Greenhalge in 1896, he became acting governor under the law 
of the commonwealth, and he was elected governor in November, 
1896, 1897 and 1898 respectively. He declined renomination in 
1899 and also declined to become a member of the Philippine 
commission or to be United States ambassador to Italy the same 
year, each honor having been proffered and urged upon him by 
President McKinley. 

He was elected a member of the Boston Citizens Association 
and the Civil Service Reform Association, a trustee of the 


Massachusetts General Hospital and an overseer of Harvard 
University, 1885-1900. He was a member of the St. Botolph, 
Somerset, Union, Athletic and New Riding clubs of Boston. He 
received the honorary degree of LL.D. from Williams College in 

Died in Boston, December 21, 1900. 

Married, September 2, 1874, Edith Prescott, daughter of Wil- 
liam Hinckley Prescott, granddaughter of William Hinckley 
Prescott, the historian, and great-granddaughter of Colonel Wil- 
1am Prescott, who was in command of the provincial troops at 
the battle of Bunker Hill in 1775. 

Issue : 

1. Roger Wolcott, of whom below. 


SAMUEL ADAMS WOLCOTT, eldest son of Rev. Samuel 
and Harriet Amanda (Pope) Wolcott, was born in Longmeadow, 
Massachusetts, September 3, 1844. He was a member of the 
class of 1866 at Yale College, but was obliged to leave before 
the close of his course, because of asthma, with which he suf- 
fered all his life. He sought an out-of-door life and located at 
Laredo, Texas, where he acquired a large tract of land, some 
twenty-six thousand acres, and became a stock raiser. He 
served during the Civil War, around the Grulf of Mexico both 
in the army and navy. 

Died, at New London, Connecticut, November 30, 1912. Mar- 
ried, July 27, 1883, Julia E. Neale, of Brooklyn, New York. 

Issue : 

1. Roger Henry Wolcott, of whom below. 

HENRY^ ROGER WOLCOTT, second son of Dr. Samuel and 
Harriet Amanda (Pope) Wolcott, was born in Longmeadow, 
Massachusetts, March 15, 1846. He was educated in schools at 
Providence, Rhode Island, Chicago, Illinois, and Cleveland, Ohio, 
in which cities his father was located as pastor. He served in 
various positions in banks in Cleveland for four years, except 
for a short time in 1864. When eighteen years of age, he enlisted 


in a Cleveland regiment for one hundred days' service and was 
sent to the defense of Washington, District of Columbia. He was 
transferred, by his own request, to the one hundred and fortieth 
regiment and served until the regiment was mustered out, in the 
fall of 1864. He then engaged in business in Springfield, Massa- 
chusetts, and later in Chicago, Illinois, removing, in 1869, to Col- 
orado, where he located at Black Hawk and became interested in 
mining. In 1870 he associated himself with the Boston and 
Colorado smelting works at Argo, continuing his connection with 
this company for seventeen years, during which time he became 

He took an interest in local politics and in 1878 was elected 
state senator from Gilpin county and was an active member of 
the state legislative sessions of 1879 and 1881. During the latter 
session he was president pro tem of the senate, and, by reason 
of the death of Lieutenant-Governor Eobinson during the ab- 
sence of Governor Pitkin from the state, was acting governor. 
In 1888 he was chairman of the Colorado state delegation to the 
national republican convention at Chicago. 

Mr. "Wolcott for several years was a director of the Equitable 
Life Assurance Society of New York. He was president of the 
Denver, Utah and Pacific railroad, one of the organizers and 
was for years vice-president of the First National Bank of Den- 
ver. He was a benefactor of Colorado College, Colorado Springs, 
and built the Wolcott Observatory for the use of the college. 
He was one of the charter members of the Denver Club and 
served as its president seventeen years while a resident of Col- 
orado. He has, for many years, persistently refused to accept 
any public office. 

He is a member of the following clubs : Union, Union League, 
University, Bridge, American Yacht, New York Athletic, Auto- 
mobile Club of America, New York Yacht, Larchmont Yacht, 
Racquet, Tennis, Whist, of New York and vicinity, and the Met- 
ropolitan Club of Washintgon. 

EDWARD OLIVER WOLCOTT, United States Senator, 
third son of Rev. Dr. Samuel and Harriet Amanda (Pope) Wol- 
cott, was born in Longmeadow, Massachusetts, March 26, 1848. 


He received his schooling at the Norwich Academy and at Cleve- 
land was prepared for Yale, which he entered with the class of 

In 1864, at the age of sixteen, responding to the urgent call for 
volunteers for the temporary defense of Washington, he enlisted 
in the one hundred and fiftieth regiment, Ohio volunteers. When 
the necessity for these troops had passed away, he returned to 
his studies. After passing through his freshman and sophomore 
years at Yale, he decided to fit himself as rapidly as possi- 
ble for the practice of law and entered the law office of C. T. and 
T. H. Russell, in Boston, Massachusetts, at the same time pur- 
suing a course in law at the Harvard University law school, 
from which he was graduated LL.B. in 1871. He removed to 
Colorado the same year, to join his brother, Henry Roger Wol- 
cott, who was living at Black Hawk, Gilpin county. There he 
taught school for a short time, later removing to Georgetown, 
Clear Creek county, where he opened a law office. While await- 
ing clients, he contributed entertaining letters to the press of the 
territory and some of the prominent eastern journals, and for 
a time edited the ^ ' Georgetown Miner. ' ' He gained little prom- 
inence as a lawyer until 1876, when he was elected to the office 
of prosecuting attorney for the first judicial district, comprising 
the counties of Jefferson, Gilpin, Clear Creek and Boulder. 
Thenceforth his rise at the bar was rapid. Some time before 
the expiration of his term, he had accomplished the imprece- 
dented feat of clearing the docket of the district of all criminal 
cases in a manner to compel the admiration of court, lawyers 
and jurors. Having executed his mission as district attorney to 
the satisfaction of all, he resigned, and in 1878, being elected 
state senator, at once became a leading figure. In 1879 he was 
made attorney of the Denver and Rio Grande Railway Com- 
pany and removed from Georgetown to Denver, where, in addi- 
tion to his railway business, he had a large private practice. In 
1884 he was elected general counsel of the road. In 1888 he 
was elected to the United States senate, to succeed Thomas M. 
Bowen, his term beginning March 4, 1889. In the senate he was 
conspicuous for his oratory and for his advocacy of the free 
coinage of silver, doing much to gain for the new measure the 


support of the republican party. He held to these views up to 
the time of the nomination of William J. Bryan for president by 
the national democratic party in 1896 on a free-silver platform, 
when he decided to support the fusion ticket in Colorado, which 
received a plurality of one hundred thirty-two thousand, four 
hundred and three votes in 1896 and of twenty-nine thousand, 
six hundred and sixty-one in 1900, by reason of the productive 
interests centered in the silver mines. Outside of these local 
interests, Senator Wolcott remained in the ranks of the republi- 
can party. In January, 1895, he was re-elected by the tenth 
general assembly of Colorado, his second term beginning March 
4, 1895, and expiring March 3, 1901. Notwithstanding his atti- 
tude on the silver question. Senator Wolcott refused to support 
William J. Bryan as a presidential candidate. Upon the first 
defeat of Bryan and the national defeat of the free silver 
party, the new administration, at the suggestion of President 
McKinley, who, like Wolcott, had been, before the nomination 
conventions, an advocate of the free coinage of silver, appointed 
a commission consisting of Charles J. Payne, of Massachusetts, 
Adlai Stevenson, late vice-president of the United States, and 
Senator Wolcott, to informally visit the capitals of Great 
Britain, France and Germany to learn the views of these gov- 
ernments on the subject of securing international agreement on 
the question of bimetallism. At the close of his second sena- 
torial term, March 3, 1901, Senator Wolcott retired from official 

In 1896 Mr. Wolcott received the degree of LL.D. from Yale 

Died suddenly, while abroad, March 1, 1905. 

Married, May 14, 1890, Frances (Metcalf) Bass, widow of Ly- 
man K. Bass of Buffalo, New York. 

WILLIAM EDGAR WOLCOTT, fourth son of Rev. Samuel 
and Harriet Amanda (Pope) Wolcott, was born at Belchertown, 
Massachusetts, on April 26, 1852; Oberlin College, A. B., in 
1874, and was graduated from Andover Theological Society in 
1881. He was employed on the Springfield Republican previous 
to the death of the elder Samuel Bowles, for whom he felt great 


admiration. During his Andover course, he had become very 
much interested in the millworl^ers at Lawrence, Massachu- 
setts, and lived among them until 1885, when he accepted a call 
to the historic first church of Lawrence where he remained until 
his death, twenty-six years later, a strong factor in the civic as 
well as the religious life of the city. 

Died, at Lawrence, Massachusetts, May 16, 1911. 

Married, in 1894, Cora Wadsworth of Lawrence, who only 
lived for a year after their marriage. 

Issue : 

1. Samuel Wadsworth Wolcott, b. March 12, 1895. 

HEEBEET WALTEE WOLCOTT, fifth son of Eev. Samuel 
and Harriet Amanda (Pope) Wolcott, was born in Chicago, Illi- 
nois, November 25, 1861 ; Yale College, A. B., 1884. He studied 
law in Denver and in the Columbia Law School, New York city. 
He practiced law in Kansas City and later in Cleveland, Ohio. 
Mr. Wolcott was president of the Tippecanoe Eepublican Club 
during the nomination and election of President McKinley. He 
was a member of the Ohio State Senate (1898-1900) and was one 
of the seventy-three Eepublicans who elected Mark Hanna 
United States senator over seventy Democrats and bolting Ee- 
publicans. Later he removed to Kansas City, where he con- 
structed a suburban electric railway to Leavenworth, Kansas; 
and afterwards resumed the practice of law and returned to 

Married, in 1898, Nettie May Gabriel, daughter of William H. 
Gabriel, of Cleveland, Ohio. 

Issue : 

1. Mary Gabriel Wolcott, b. April 30, 1902. 

2. Harriet Amanda Wolcott, b. July 22, 1905. 

3. Edward Oliver Wolcott, b. September 12, 1911, d. June 
10, 1912. 

4. Henry Eoger Wolcott, b. August 4, 1913. 

EOGEE WOLCOTT, eldest son of Eoger and Edith (Pres- 
cott) Wolcott, was born in Milton, Massachusetts, July 25, 1877. 
He was prepared for college in the Boston Latin school and was 


graduated at Harvard, A. B., 1899, and at Harvard University- 
law school, LL.B., 1902. His practice began in the law depart- 
ment of the Boston Elevated Railroad Company, where he was 
engaged from 1902 until 1906, when he established himself in 
general law practice in Boston, which he has prosecuted with 
eminent success. 

He was a member of the finance committee and chairman of 
the elective committee of the Republican Club of Massachusetts 
and is a member of the Boston Bar Association and of the Civil 
Service Reform Association of Boston. His business responsi- 
bilities include membership in the Provident Institution for 
Savings and the Suffolk Savings Bank, and directorships in the 
Lowell Machine Shop, the Everett Mills and the York Manufac- 
turing Company. 

His hereditary affiliations include membership in the Military 
Order of the Loyal Legion, Society of the Cincinnati, Society of 
Colonial Wars, Bunker Hill Monument Association, Old South 
Society, and Milton Historical Society. 

His personal military service was as private in the First Mas- 
sachusetts Heavy Artillery, United States Volunteers (1898) and 
as private, corporal, second lieutenant, first lieutenant, captain 
and regimental adjutant in the Massachusetts Volunteer Militia. 

Married, in Boston, June 7, 1904, Claire Morton Prince. 


ROGER HENRY WOLCOTT, only child of Samuel Adams 
Wolcott, was born at San Antonio, Texas, January 12, 1885. 
He was graduated from Yale University, A. B., in 1905, and 
received the degree of LL.B. from the Colorado Law School in 
1907. He resides in Denver, Colorado. 

Married, October 28, 1907, Louise Dugal, daughter of Louis 
Dugal, of Denver. 

Post Bellum Letters From Ohioans 

From the Doolittle Correspondence 


THE subjoined letters, which were found in the personal 
correspondence of the late ex-Senator James R. Doolit- 
tle, of Wisconsin, are interesting and valuable as show- 
ing, to some extent, the political drift in the North at 
a time shortly following the civil war. The authors were then 
residents of Ohio and had a large prominence in the public eye 
of their state. Mr. Doolittle, too, who was regarded as fit pres- 
idential timber, was frequently consulted by public men from 
every part of the country. These letters amply verify that. 

The letters of Mr. Campbell indicate that he had a personal 
interest in writing to his friend, the senator from Wisconsin, 
securing the confirmation of his nomination as minister to the 
then Republic of Mexico. But his letter of April 25, 1866, also 
discusses the existing and growing public sentiment against Pres- 
dent Johnson and his administration as he finds it in his own 
state of Ohio, on his return from Washington. This sentiment 
was not exceptional nor was it confined to Ohio. The feeling 
everywhere existed in the North that the President's pacific pol- 
icy toward the warring states of the South was wholly unwel- 
comed and undesired. Mr. Campbell states the real situation 
none too strongly. 

By the time the D. P. Rhodes' letter was written, in June, 1868, 
public sentiment had eliminated Mr. Johnson as a presidential 
possibility to succeed himself. And the letter clearly empha- 
sizes that fact. It is true that Mr. Rhodes did not prove to be a 
wise political prophet as to the nominee. However, if his sug- 
gestion of a Western man had been heeded, victory might have 



waited upon the efforts of those who opposed a more or less heart- 
less policy with reference to the recently seceded Southern states. 
As it developed, the ticket headed by Horatio Seymour, of New 
York, was compelled to give way to that introduced by Gen. Ulys- 
ses S. Grant, who was then the idol of the hour. 

Scarcely less important, from the viewpoint of political his- 
tory of the time, is the letter of Edward L. Anderson, 
which clearly foreshadows the growing discontent of the first 
administration of President Grant in some quarters. It also 
shows the high esteem in which Senator Doolittle was held among 
those who championed a somewhat different policy than that of 
the party in povv^er at the time, undoubtedly written in 1872. 

From a purely political point of view, the letter signed "T. 
E.," which is, without doubt, that of the Hon. Thomas Ewing, 
is most important of all those submitted. Of course, the letter 
discusses the political situation in a free and frank manner and 
was, evidently, intended to be confidential, as an injunction to 
burn it would indicate. But that request was not observed, ap- 
parently, and there can be no real objection to exposing its con- 
tents at this late day, more than forty years after its writing. 
The real significance of the letter is to be found in the view of the 
Democratic party entertained by the writer. 

All of these letters, however, will be appreciated by those who 
are students of the subjects and the times to which they relate. 

'' Lancaster, 0., Feb. 6, 1873. 

"My Tear Sir: — I have, as yet, sold only half the block, & 
have not received from the sale enough cash to meet the pressing 
and overdue incumlirances. I send, however, herew^ith my note to 
your order at 90 days witli interest for $500, which may be pre- 
ferable to you than to wait tlie completion of the now pending 
sale for the balance. If you cannot use the note satisfactorily, 
please return it, & I will remit you the $500 as soon as the sale 
is completed. 

"I would like to see you to talk over the future of parties, 
having great confidence in your practical sense & breadth of vis- 
ion. T shall be sent to our Constitutional Convention which 
meets on the 1st of May in Columbus. The Democracy are de- 


termined I shall run for Governor, too, & I go to the Convention 
partly to be freer to decline the nomination if need be. No one 
else is named as a candidate. The difficulty in my mind is that 
I have come to regard the Democratic organization as only the 
hoops of the Republican barrel, & I don't want to strengthen & 
tighten the hoops. Don't the Liberal Republicans so regard our 
organization! Is it, or has it been since 1865, of any other use 
than that bad use! Must it not, therefore, be destroyed before 
the Republican party can fall to pieces, & new parties form on 
post helium issues? Please send me a copy of Ill's Constitution. 
Were the debates in the 111. Convention published? Send me 
any literature of that Convention you have. Burn this : & I will 
so treat yr. answer. ' ' T. E. " 

Note.— That part of Mr. Ewing's letter which deals with the 
political situation will be interesting reading. And it should 
be borne in mind that Judge Doolittle and Mr. Ewing were warm 
personal friends and admirers. Mr. E. was especially frank in 
avowing his great respect for Mr. Doolittle 's political judgment 
and acumen. D. M. 

^'WiLLARD^s Hotel, Washington, D. C, April 16, 1866. 

"Dear Sir.— I have remained here patiently for two months 
awaiting the action of the Senate on my nomination as Minister 
to the Republic of Mexico, which the President,^ in his kindness, 
saw fit to make without any solicitation, direct or indirect, from 

* ' During this time I have fastidiously avoided calling on Sena- 
tors on this subject or any other ; but the situation of my fam- 
ily in Ohio and my private business (being engaged largely in 
farming) is such as to render it very important to me to have 
this matter decided. 

"As you are a member of the Committee on Foreign Relations, 
I venture to ask of you as a personal favor that you will attend 
the Committee meeting to-morrow (Tuesday) morning and put 
an end to the suspense which has been to me exceedingly un- 

' ' Very truly yours &c., 

' ' Lewis D. Campbell. 

I. President Andrew Johnson. 


"Hon. J. R. Doolittle, 

''U. S. Senate." 

''Hamilton, 0., April 25, 1866. 

''Dear Sir.— My continuous presence at Washington for sev- 
eral weeks was rather on the suggestion of the President than 
from any pleasure I derived. My position was at once delicate 
and embarrassing. Being hung up in the Senate by a nomina- 
tion which I had never directly or indirectly solicited (and which, 
perhaps, was one 'not fit to be made') I could not with my sense 
of propriety call on Senators to consult about general politics or 
to discharge courtesies due to them under other circumstances. 

' ' On Sunday last I received information from home of the ill- 
ness of one of my daughters and that an important business 
interest amounting to several thousand dollars required my 
immediate return. Therefore, I took the first train without bid- 
ding adieu to the President whom I had promised to remain 
another week. I arrived here last night weary and tired. 

"I find the President has lost ground among the people rapidly 
of late. Nineteen-twentieths of all the Post Masters, Revenue 
Collectors, Assessors, &c., in Ohio are bitterly opposing him. 
They are circulating broad-cast such libellous sheets as the 
'New York Independent,' the 'Right Way '-Speeches of Rad- 
icals in Congress and such other similar documents as they can 
get, misrepresenting his policy and slandering him personally. 
Of what account is it to have Heads of Departments composed of 
friends— rea? or pretended, if their tens of thousands of subal- 
terns all over the land are permitted to remain in official position 
actively operating as his real enemies, and the enemies of the few 
friends he has in Congress, like yourself and Cowan^ and Dixon,^ 
who have mainfully defended him^ I tell you, my dear Sir, that 
the friends of the President's policy are everywhere becoming 
disheartened. The Commander in Chief of a great army can 
never win a battle, if he permits his enemy to seize his bat- 
teries, his arms, and his ammunition. Nor can he have a well- 
organized army if his Corps Commanders are unreliable, or keep 

1. Senator from Pennsylvania 

2. Senator from Connecticut. 


in service subalterns who fight for the enemy. Now, I have 
talked to the President and written to him on this subject until 
I have worn it thread bare. If he does not move in the proper 
direction very soon, his friends among the people will feel like 
grounding arms. 

'*I do not expect to go to Washington again unless called 
there by important necessities. It has become apparently a God- 
forsaken place, where an honest man, having urgent business, 
might venture to stay, but where one having no business must 
expect to 'fall among thieves,' who will steal his money or his 
character— perhaps both. As I do not profess to have too much 
of either of these important articles, I shall not soon again ven- 
ture to that seat of sin and iniquity. 

' ' In reference to my case, I may say to you without any impro- 
priety, that our two Senators were the only members of your 
body that I felt at liberty to converse with freely. Both have 
uniformly and voluntarily professed the most earnest solici- 
tude to have me confirmed. Since my return home my friends 
have informed me that they have sent to Senator Wade^ import- 
ant papers on the points of personal character and merit. And 
I may here add that I have lived in this and the adjoining county 
all my life— now 55 years— in this county 35 years. If these 
papers have not been read to the Committee, I hope you will re- 
quest, if necessary, that they be read. If I am to be rejected 
because I favor the President's policy, let it be so stated. If 
because the Monroe Doctrine is to be ignored by the Senate, let 
it be so stated. If for personal objections, let it be so stated. 
It would seem hard to have me knocked in the head or kept hang- 
ing in suspense, simply because the Senate may not wish to 
offend the French Empire or Maximilian. I am not so anxious 
to hold any office as to barter away my fixed political principles. 
The confirmation is more desirable to me as a matter of personal 
pride than for any emoluments it may bring, and I shall ever 
feel grateful for any act of kindness you may be able consistently 
with your duties as a senator, to confer. 

'*I shall be glad to hear from you on the 'political situation' 
generally, if you have time to write, or to have you communicate 

3. Senator B. F. Wade, of Ohio. 


any information or advice compatible with your duty touching 
my personal matter. 

"As I did call on you in person as I designed doing before my 
return home, I take the liberty of enclosing my carte de visite. 
"In haste. 

"Very truly yours &c., 

"Lewis D. Campbell. 
^'hon. j. r. doolittle, 

''U. S. Senator, 

"AVashington, D. C." 

"Cleveland, June 24, '68. 

"My D'r Sir:— Yours I found upon my return home yester- 
day, or should have answered ere this. I shall go to N. Y. to- 
morrow and will then look the ground over and see what I can 
do. My impression is, however, that Pendleton^ will be nomi- 
nated. His financial policy takes with the People in the West, 
and I have no doubt that two-sevenths of the Eepublicans in 
Ohio, Indiana & Illinois would vote for him. 

"We must have a Western man, and should Pendleton not 
prove to be that man, I am free to say I would like to see your- 
self the Compromise Candidate. 

"But no Hancock^ or Chase-* for me. We are all well. With 
kind regards for your family, I am, "Yours Truly, 

D, P. Rhodes. 
"Hon. J. R. Doolittle, 

"Washington, D. C." 

"70 Pike St., Cincinnati, 0. 
"Hon. J. R. Doolittle— 

"My Dear Sir:— In answer to your letter of the 24th, I have 
to report that Mr. Groesbeck's^ friends say that he will have 
nothing to do with the New York meeting whatever. And that he 

1. Hon. George H. Pendleton of Ohio. 

2. Hon. Winfield S. Hancock. 

3. Hon. Salmon P. Chase. 

I. Hon. W. S. Groesbeck of Ohio. 

Note. — This letter is without date. It must have been written, however, in 
1872. It refers to the presidential campaign of that year. D. M. 


hopes that they will send him no communication that requires an 
answer. Mr. Groesbeck will stand by the nominee of the Balti- 
more Convention— and I think his friends have hopes that he 
will be the man. 

''I understand a letter from Groesbeck will be read at the 
Cleveland Convention to-morrow — if so I will send you a copy. 

"Father sends his regards to you, and says that he regrets 
that he was not at home to entertain you. 

"We shall all be glad to welcome you again. 

"My wife sends her regards. 

"I am sincerely your friend, 

" Edward L. Anderson. 

"P. S.— Thanks for the copy of your correspondence with 
Oberly. In that, as in everything you have said and written on 
the political questions of the hour, I find sound judgment and 
fairness. I hope that the country will have the benefit of your 
knowledge in the coming administration. ' ' 

Enoch Crosby, the Continential Soldier, the 

Original of Cooper's Harvey Birch, the 

Patriot Spy 


Historian Empire State Society, S. A. B. 

IN some districts in America during the Revolution 
many of the colonists, as in Westchester county, took part 
with the crown, and this influence united with those Amer- 
icans who refused to give up their allegiance for pecuniary 
and other reasons, gave quite a preponderance to the royal 

Congress appointed a special and secret committee in West- 
chester and Dutchess counties to prevent the raising of com- 
panies of Tories to go to New York and enlist with the British. 
This part of Westchester called the ''Neutral Ground" was 
territory of peculiar difficulty and danger and subject at all 
times to reckless and cruel raids by the "cow boys" the riff 
raff of both armies. This is well portrayed in the first part of 
"the Spy" bringing in Washington himself under the name of 
Harper as a traveler stopping with Mr. ^^larton, an English- 
man and owner of the "Locusts" where also was the latter 's 
son, Harry AVliarton, a British officer in disguise and Captains 
Lawton and Dunardin of the Continental Line and Harvey Birch, 
peddler and shoemaker by trade, but in reality the "Spy" and 
the real hero of the story. 

Those who have seen the colored moving pictures of this 
remarkable story will recognize the truthfulness of every cru- 
cial scene in the life of the spy, and furthermore if one will read 
Miss Phillips' "James Fonniraore Cooper" and "Memoirs of 
Colonel Henry Ludington" he will discover that Enoch Crosby 
or Harvey Birch, peddler and spy, was a real bona fide charac- 



ter, and as Cooper says "was poor, ignorant so far as the usual 
instruction was concerned, but cool, shrewd and fearless by- 
nature." And indeed he was not only all this, but was pos- 
sessed of physical strength, alertness and ability for inven- 
tion and strategy that were remarkable. 

As tlie tories in this "Neutral Ground" which extended from 
the Sound to the Hudson and from Harlem to Peekskill, were 
the most virulent and implacable enemies the friends of liberty 
had to contend with, it was a signal interposition of Divine Prov- 
idence that this man Iiai'\'ey Birch should have appeared in the 
nick of time and have proved himself such a successful agent 
in counteracting the machinations of these insidious enemies. 

At this time (1775-76) in the four counties of Dut- 
chess, Westchester, Orange and Ulster there were only 
three thousand one hundred armed and trustwortliy militia, 
while there were ten thousand three hundred disaffected 
Tories and two thousand three hundred slaves to be held in order. 
John Jay, afterwards Governor, was one of this Committee of 
Safety, and William Duer and Jay and Ludington were 
leaders in the local committee in Frederickslnirg Precinct. 
Every inhabitant was obliged to align himself either with the 
Patriots or the Loyalists, and every man between the ages of 
sixteen and fifty had to furnish himself with a good musket or 
firelock, bayonet, sword or tomahawk, a steel ramrod, woi*m, 
priming, wire and brush fitted thereto, a Cartouch Box to contain 
twenty-tliree rounds of cartridges, twelve flints, a knapsack and 
one pound of powder and three pounds of bullets, and to fail in 
this was to incur a certain stated fine. 

.\nd now a word about Knoch Crosby's family and bringing 
11] >. Crosby, in 1753, when but three years of age, was brought 
by his fatlier to a farm the latter owned in tlie townshi]) of 
Soutlicast, Dut/'hoss County, New York. He was l)l('st witb par- 
ents wliose tenderness was only ecjualled by the re<'titude of Ibeir 
lives, and the natural scenery about the home being romantic 
and picturesque no doubt contributed to tinge his infantile mind 
with that cast of romance and adventure which so much influ- 
enced the actions of his riper years. Ive's Hill, a higli and ro- 
mantic eminence in the town, was the theatre of many of his ex- 


ploits. He was endowed by nature with many physical advan- 
tages and generally bore away the palm in every athletic exer- 

The Crosby family were staunch Wliigs and so was a majority 
of their fellow townsmen. The father suddenly found himself 
reduced from a state of comfort and comparative affluence to 
poverty and distress and Enoch, the boy, had to leave home and 
seek his fortune elsewhere. "At the age of sixteen," he says, "I 
was com])elled to leave home and seek the protection of strangers 
and with only a change of clothes and a few shillings in my 
pocket I bade a long adieu to the friends I best loved, and the 
scenes of my happiest days. My parents gave me their blessing, 
much good advice and a small Bible, I clasped their hands but 
dared not trust my voice to say farewell as I left my poor mother 
in an agony of tears." 

He became an apprentice to a worthy man in Kent, Putnam 
County, who taught him the "art and mj^stery of cordwainer." 
He faithfully fulfilled his term of service which terminated Jan- 
uaiy 4, 1771, when he was twenty-one years of age. He then 
joined a trainband and became an active and efficient member. 
His first service in the army was a private in Captain Benedict's 
company. Colonel Waterbury's Regiment, which reported to the 
Provincial Congress of Massachusetts then in session at Water- 
town. His comi)auy was ordered to New York where they went 
and enciim])ed on the spot afterwards called Vauxhall Garden. 
They joined Montgomery's force at Albany and on August 21st 
arrived at Ticonderoga. 

"He was a noble fellow that" Montgomery writes, "every sol- 
dier in the army loved him like a brolhei-. " 

Referring to the attack on SI. Johns, Croslty says, "I was one 
of the number that marched into the fort to the tune of Yankee 
Doodle and took cliarge of tlie j)risonors," and he was at the tak- 
ing of Moiitieal also. He then left tlie army and i-otunied to the 
trade of sliocinakiiig at hanlmrv wlici-c lie iciiiaincd until .Ian 
uary, 1770, wiicn tlic dcalli <>!" MontiAonicry, iii-; hi'lovcd, even 
adored, gcnci-al so arCected Cioshy that he sought a change of 
scene and went off on a visit to his friends in Kent. P>ut in 1770 
he was again on his way to tlie hcad'iuaitt'rs of tli<' army to again 


enter the service. He was then twenty-seven years of age, near- 
ly six feet tall and very muscular. Cooper says : ' ' His eyes were 
gray, sunken, restless and for the flitting moments that they 
dwelt on the countenance of those with whom he conversed seemed 
to read the very soul. ' ' When these lines were written by Cooper 
he was at the Angevine farm only thirty miles from where, at 
Carmel, Putnam County, Crosby was passing his quiet life. The 
Spy and the Author never had a meeting. The body of dragoons 
introduced in the fifth chapter of the "Spy" are apparently 
Townsends Rangers and rough "Captain Lawton" is none 
other than Captain Townsend. 

Crosby's first service as a spy and with the Rangers as per the 
orders of the Committee of Safety, then sitting at White Plains, 
of which Hon. John was Chairman, was started by these words 
of the Chairman: "There is a sufficient number of brave fel- 
lows to repulse our open and avowed enemy, but he who suc- 
ceeds in bringing to justice the wretches who in midnight cabals 
are plotting our destruction, deserves infinitely more of his coun- 
try than he who fights his battles. Are you willing to engage in 
such service?" 

"I am willing," answered Crosby "to encounter any danger 
and make any sacrifice (my honor only excepted) in the service 
of my country." 

And he more than fulfilled his promise as he was as often ar- 
rested by the Continentals as a British spy, as by the British 
as a spy from his own American forces. 

"We will furnish you with a pass" said the Chairman, "for 
your protection, but it must never be exhibited save with last 
extremity. Should you be arrested as an emissary of the enemy 
you shall be secretly furnished with the means of escape, but the 
secret of your real character must go no farther. Your dearest 
friend must not be intrusted with it." 

The Spy then laid aside his muskets and instead of a knapsack 
he furnished himself with a large peddler's pack containing a 
complete set of shoemaker's tools, and then set forth with the 
ostensible object of searching for employment. 

Through his intimacy with the tories who hailed him as a kin- 
dred spirit, he obtained information of the movements of the 


enemy below and privately transmitted the same to his employ- 
ers who knew him by the names of John Smith and Jacob Brown. 
His first service as a volunteer spy occurred as follows when 
on his way to join Colonel Swartwout's regiment in Westchester 
county, he fell in with a tory who asked him to join a company 
of tories and go to New York to serve in the British army. This 
he pretended he would do and so started in with that role of 
secret agent and spy in which he thereafter did such worthy ser- 
vice as to receive special though secret commendation from 

Of course Birch immediately reported what he had done to the 
American Committee of Safety and soon after this whole com- 
pany of tories, including the spy himself, were captured and in 
charge of Captain Townsend's Company of Rangers. 

So well did he carry out this, his first service for the cause of 
his country, that he was under orders from Washington trans- 
ferred to the secret service, and the very next night he eluded his 
American guards and by hiding in an adjacent corn field he 
escaped to his Tory acquaintance, Bunker, through whom he 
gained further valuable information, which he gave to one of the 
Committee of Safety, and thus, the following day, he with another 
company of Tories was taken prisoner and locked up in the jail 
at White Plains. But soon he was secretly brought before the 
Committee for Detecting Conspiracies and his work approved, 
and having been bailed out by Jonathan Hopkins he was given a 
secret letter or pass and so set out upon his work with renewed 
confidence and hope. 

Harvey's next move was to hire out to John Russell across the 
river, a strong loyalist neighborhood, and there he soon became 
intimate with a certain Captain Robinson who was forming a 
Tory Company, and with him he lodged for a week in a cave on 
the mountain side. When the company was about to start Birch 
recommended that each man should the night before starting 
sleep when he chose, and each be by himself, for if they should be 
discovered that night together all would be taken which would 
not so occur if they were separated, and they did as he advised. 
Then lie went secretly to a Mr. Pardy, called l)y the Tories a 
''wicked rebel," and had him go and report to the Committee of 


Safety where the Tories would stop the first night. This Pardy 
did, and the result was that when in the course of the next night 
the thirty Tories arrived at Bush Carricks and went into a barn 
to lodge, the place was surrounded by a company of Rangers 
under Captain Melancthon Smith and all were taken prisoners, 
including ' ' the Spy, ' ' and were confined with one hundred and 
thirty other prisoners in the stone church in Fishkill. 

The Committee then decided it was unsafe for Birch to remain 
with the prisoners as they might suspect him, so he went to the 
house of a Dutchman's farm about five miles from Fishkill, and 
there busied himself in making shoes, having duly kept the 
Committee informed of his whereabouts. 

Soon after he had the opportunity to spy out another company 
of Tories being raised by a Captain Shelton and Lieutenant 
Chase. They were to meet the last of February three miles from 
a house occupied by Colonel Morehouse. All this Birch told the 
Colonel and the Committee as well as his particular friend, Col- 
onel Ludington, and after the Tories had been at their meeting 
place two hours they were warned of the uniting of the Ameri- 
cans at Morehouse's, and started to escape, but all too late. 
They were surrounded and all made prisoners, and after being 
tied together two by two were taken off to jail. 

It was the writer's good fortune to have at one time been en- 
gaged by his friend and fellow member in the Union League 
Club, Mr. Henry Ludington, to prepare and publish a memorial 
volume of his ancestor, Henry Ludington of the Revolution and 
serving in Dutchess County, and among the old papers, which 
Dr. Willis Fletcher Johnson included in the admirable sketch he 
prepared for this book, were letters and other data 
showing that Colonel Ludington was a staunch and faith- 
ful friend of the ''Spy" who was frequently at the Colo- 
nel's house, and often lay hidden there while Tories were 
searching for him, and the Colonel's two daughters, Sibyl and 
Rebecca, were privy to the spy's doings, and having a code of 
signals they frequently admitted him in secrecy to the house and 
then fed and lodged him. 

The story of ''The Spy" was Cooper's first literary venture 
and was not signed as his own, but nevertheless it was a success, 


and with this his literary career began. The book was written at 
his new home called " Angevin e Farm House," fonr miles 
from Mamaroneck, the property having come to his wife from 
her father, John Peter de Lancey, whose house was called 
''Heathcote Hill." And it was there Cooper, then a handsome 
young naval officer, wooed and won Susan de Lancey, the daugh- 
ter, for his wife. This lady's brother was William Heathcote de 
Lancey, who was Bishop of Central New York when I was a lad 
at my home, which was in the Bishop's diocese, and I remember 
in what affection and esteem our family held this earnest, divine 
and most noble gentleman. And not far away was "Bedford 
House," pleasant and hospitable, home of Chief Jus- 
tice Jay, and it was there and in the Judge's delight- 
ful library that Cooper gained no end of suggestions 
and inspirations for his book. The Judge as he sat 
and smoked his long clay pipe told Cooper the story of a certain 
spy in the Revolution and of his struggles and escapes and unsel- 
fish loyalty, and this gave our first American novelist an idea 
for his ' ' Harvey Birch. ' ' Peddlers with staff in hand and pack on 
back were frequent visitors at country houses at that time, and 
it was after a visit of one of these to Cooper's cottage that Har- 
vey Birch's part in the coming story was decided upon. And an 
old time house below Cooper's place called "the Locusts "appears 
in the story as the home of the Whartons. Also some of the 
relics still remain of the "Four Corners" inn where Betty Flan- 
igan lived and where the British had imprisoned the spy with a 
sentry at the door, and where with the aid of a bonnet and pet- 
ticoat of Betty's the spy made good his escape in the very face 
of the enemy, while Betty was asleep snoring, thus deceiving the 

Of the character of "Betty Flanigan" Miss Edgeworth de- 
clared "an Irish pen could not have drawn her better." 

The representation of "Jeannette Pay ton," the aristocratic 
and attractive maiden aunt in the Wharton family, was sug- 
gested by the portrait of Mrs. Peter Jay (Mary Duyck- 
inck) and his Sarah Wharton no less closely follows the portrait 
of Mrs. Jay's older sister, Sarah Duyckinck, who became Mrs. 


Eichard Bancker, and these portraits are now owned by a daugh- 
ter of a nephew of Mrs. Peter Jay. 

At the time this pioneer of American fiction came to Westches- 
ter county to get a wife he entered a most interesting literary cir- 
cle consisting of the weird dreamer, Edgar Allen Poe, the sunny- 
spirited Washington Irving, and his friend and collaborator, 
James Kirk Paulding; and here also lived and wrote, Tom 
Paine, Seabury, Wilkins, J. Rodman Drake, James Parton, Gou- 
v^eneur Morris, Daniel D. Tompkins, John Bigelow, Horace 
Greeley, James Watson Webb, besides a host of lesser celeb- 

'Twas, indeed, a region full of literary as well as natural at- 
tractiveness and charm. In 1827 while Crosby was in New 
York attending Court he was invited by Mr. Sandford, proprie- 
tor of the Lafayette Theatre, to attend the representation of the 
drama of the "Spy" performed especially for the occasion, and 
Crosby complied, and the papers having announced the circum- 
stances, the audience was large and it received the old soldier 
with aj^plause, which he modestly acknowledged from his seat 
in one of the boxes. On December 15th Crosby wrote a letter to 
the Journal of Commerce in which he says : " I was much grati- 
fied with the performance ; it created emotions in reflecting upon 
the glorious result of our labors during that perilous time, and 
having been spared to enjoy those blessings for half a century, 
I can lay down my weary and worn out limbs in i^eace and hap- 
piness, and my most earnest and fervent prayer is and shall be 
that they may be perpetuated to the latest posterity." 

At the close of the war Crosby retired to Southeast and there 
cultivated a small farm. For all his revolutionary services, 
wherein he risked his life an innumerable number of times, he 
received only the trifling pittance of two hundred and fifty dol- 
lars. He married twice (his second wife was the widow of 
Colonel Greene) was the father of four children, two sons and two 
daughters. For twenty-eight years he was a justice of peace 
in the town of Southeast and for fourteen years was a deacon 
in the Presbyterian Church. He had also been deputy sheriff 
and was respected by everybody. In Cooper's introduction to 
''The Spy" he speaks of a Mr. , then in Congress who was 

-S 2; 





doubtless his good friend Judge Jay, of Bedford, who had a suit- 
able sum appropriated for Harvey Birch who was his agent, 
''necessarily suppressing the name," and then when at his sum- 
mons Harvey and he ''went in a wood at midnight," the former 
complimented his companion on his fidelity and adroitness and 
tendered him the money. The other drew back and declined 
receiving it. ' ' The country has need of all its means, ' ' he said, 
"as for myself I can work and gain a livelihood in various 

"Persuasion was useless for patriotism was uppermost in the 

heart of this remarkable individual and Mr. departed, 

having with him the gold he had brought and a deep respect for 
the man who had so long hazarded his life unrequited for the 
cause they served in common." 

In his novel Cooper gives this incident as occurring between 
General Washington and Birch in New Jersey. Washington 
said : "You have I trusted more than all ; I early saw in you a 
regard to truth and principle that has never deceived me, and 
you alone know my secret agents in the city, and on your fidelity 
not only depend their fortunes but their lives. Y^ou are one of 
the very few that I have employed who have acted faithfully 
to our cause ; and while you have passed as a spy of the enemy 
have never given intelligence that you were not permitted to 
divulge. To me and to me only of all the world you seem to 
have acted with a strong attachment to the liberties of America. 
It is now my duty to pay you for your services, here are one hun- 
dred doubloons, you will remember the poverty of our country 
and attribute to it the smallness of your pay. It is not much for 
your services and risks, I acknowledge, but it is all I have to 
offer; at the end of the campaign it may be in my power to 

increase it." 

And Harveij Birch refuses the money saying "No, no, not a 
dollar of your gold will I touch, poor America has need of it 
all." And so the great general and faithful patriot spy part. 
In the last chapter of the book, Harvey Birch, thirty-three years 
later, then an old, yet active man meets Wharton Dunwoodie, 
the son of the Captain, at Niagara Falls, and taking his place in 
the fight of Lundy's Lane is killed, the bullet passing through a 


tin box and entering his heart. Dunwoodie opens the box and 
finds in it this paper: '^ Circumstances of political importance 
which involve the lives and portions of many have hitherto been 
kept secret, which this paper now reveals. Harvey Birch has for 
years been a faithful and unrequited servant of his country. 
Though man does not, may God reward him for his conduct. 

'' George Washington." 

'' For Conscience Sake " 

by cornelia mitchell parsons 


HE Town of Gravesend, Long Island, where the scene 
of our story is laid, named by Gov. Kieft after the 
Dutch town of Gravensande on the River Maas, Hol- 
land, comprised only about ten acres. It was laid 
out in circuit by Evart Peterson and Harmon Vedder in the name 
of De Wolf, the merchant of Amsterdam. Under claim of own- 
ership, Gysbert Op Dyck had ordered the town cattle to be driven 
away, and had a salt kettle erected on the Island of Coney not- 
withstanding the Magistrate's having 'prayed mandormus" that 
the town of Gravesend might be in possession of Coney Island. 
In 1643, as Evart Peterson and Harmon Vedder l)rought suit, 
the Magistrate gave it to Lady Deborah Moody and her descend- 
ants for hay and pasture lands. A kind of citadel or large build- 
ing of logs was erected in the centre of the hamlet where the 
people took refuge when attacked by Indians. 

The dwelling of Lady Deborah Moody was in this enclosure, 
and the second substantial house, built a year or so later, was 
not far distant. It was in the second dwelling where we find the 
Lady of the Manor, Deborah Moody, her son, Henry, and her 
ward, Frances St. John. Lady Moody was the widow of Sir 
Henry Moody of Garsden in Wiltshire ; he was one of the baron- 
ets created by James in 1622. The father of Lady Moody was a 
member of Parliament in the time of Queen Elizabeth, and her 
uncle Edward, a member in the reign of James and Charles the 
First. His son, Sir William, was uncle by marriage to Oliver 

One of the regulations of Parliament during these troublous 



times was that ''No person shall reside beyond a limited time 
from their own house, ' ' that a good example might be set for the 
poor. Lady Moody was then in London, and the Star Chamber 
commanded her and others in forty days to return to their coun- 
try homes. The many restrictions of Church and State were 
becoming burdensome to Lady Deborah Moody, and she decided 
she would not be a slave to Crown or Bishop. Having many 
enemies who were only anxious to injure her reputation, she, for 
Conscience sake, left her beautiful home in the Motherland and 
came with a few trusted friends to the New World that she might 
serve the God of her Fathers in peace and righteousness. Her 
son, Sir Henry, after his father 's death, having succeeded to the 
baronetcy, did not sail with his widowed mother but followed 
a short time later. The only daughter remained in England, 
even though the family estate at Garsden was sold. Nothing 
daunted. Lady Moody landed in Massachusetts Bay Colony. In 
1640, she was granted fourteen acres to be settled by her as a 
plantation. In 1641 she bought from Sir John Humphreys ''his 
farm." She had a small farm at Salem, next to that of Hugh 
Peters. She had hardly settled there, when in the summer of 1643, 
being interested in the doctrines of her old friends, Roger Wil- 
liams and the Anabaptists, she said farewell to tyrannical New 
England, and taking passage with her friends. Rev. Mr. Walton 
of Marblehead,' Mr. and Mrs. King, and the wife of John Tilden, 
all of whom had attended the meetings at the house of Mrs. Anne 
Hutchinson, came to New Amsterdam and settled in Gravesend, 
Long Island. Governor Winthrop writes : 

"Rev. Mr. Walton of Marblehead is for Long Island, shortly 
there to set down with my Lady Moody and from under Civil 
and Church ; watch among ye Dutch. ' ' 

In 1641, many from Lynn were disaffected and followed to 
our Long Island shores, seeking the protection of the Dutch 
where the States General and Governor Kieft promised liberty 
of Conscience. 

Lady Deborah Moody was a woman of noble instincts; one 
who in those troublous times stood fearless for religious free- 
dom. She was the friend of Peter Stuyvesant, and until the time 
of her death ever held the love of her colonists. 


The Home of Lady Deborah Moody. An Indian Outbreak 

"The lilies of the summer field spin not 

Through golden hours of ease, 
Yet each its grateful incense yields, 
In fragrant ministries." 

— Rev. James B. Kenyon. 

There were rows of nodding hollyhocks, pink and purple, 
which formed a background for the modest sweet- Williams, 
candy-tuft, bachelors-buttons and mignonette, lining the path- 
way on either side, but screened by the high box. A very wealth 
of color greeted the eye; perfume like incense was wafted on 
the summer breeze. At the end of the path rose before one a 
broad porch of the half timbered house of Lady Deborah Moody. 
It stood in the north-east corner of the stockade, directly oppo- 
site what was then called Johnson's lane, and her bowerie was 
across the street in the Village of Gravesend, Lond Island. The 
high, peaked roof and casement windows opening outward; the 
tall brick chimney near the back, covered with ivy from the 
Mother Country, made a picture refreshing to the eye on this 
August day. A few forest giants stood in the background, as if 
keeping guard, and beyond in the dim distance, through a clear^ 
ing, one caught ghmpses of the sea and Coney Island, with its 
thickly wooded banks, long stretches of sand, and blue waters; 
all being outlined by gray sky and white, fleecy clouds. 

The half door stood invitingly open ; the brass knocker, a grif- 
fin with claws, seemed to smile a grim welcome, as it held the 
brass ring in its mouth. Opening from the wide cool hall was a 
low-ceiled library with open rafters and wainscoted walls ; book- 
cases on either side were filled with rare volumes bound in sheep- 
skin. A high mantle held quaint vases and stuffed birds. Un- 
derneath in the broad fireplace with its blue tiles representing 
Scripture scenes, were brass andirons and huge logs, a goose 
wing as a brush hung with the shovel and tongs. As it was sum- 
mertime, branches of asparagus adorned the hearth. Several 
high-backed, rush-bottomed chairs were drawn up under the two 


casement windows, whose tiny panes were spattered from the 
lately fallen rains. 

The Mistress of the Manor, Lady Deborah Moody, sat before 
a desk of Flemish oak, a substantial piece of furniture. Her 
eyes were large and dark, and her strong but sweet face framed 
by the snow-white hair on which a cap of delicate lace rested. 
Her gown open at the neck showed the comely lines of the fine 
throat and figure, and though no longer young, she sat erect in 
her chair. The narrow candle shelves on which tallow dips in 
high silver candle sticks rested burned dimly, the tallow form- 
ing strange figures as it gutted the sides. There were several 
drawers below with swinging handles ; in the middle was a small 
cupboard from which opened a tiny door, with rows of three lit- 
tle drawers on either side. On the desk stood the ink receptacle 
and a quaint Delft shaker that held the sand used for blotting. 
There were quills of all sizes ready for use. This piece of furni- 
ture with its wonderful carvings in high state of polish shone 
like a mirror, and was evidently a cherished reminder of the 
Old World now so far away. Above the desk hung a portrait 
of a man in middle life, dressed in the garb of a gentleman of 
the Seventeenth Century. The features were regular, and the 
eyes though stern, seemed speaking. There were other portraits 
in the room, but this one stood out in relief. A ray of sunlight, 
forcing its way through the casement, fell on his face. For an 
instant, the eyes seemed to soften. It was not a bad face, but 
one that had seen trouble. The Lady Moody raised her eyes 
from a closely written parchment, and laying aside the quill she 
had been using, uttered a deep sigh. Tears filled her eyes as 
slie glanced at the portrait before her, and she turned her face 
away toward the window. 

Outside the hollyhocks bent under their weight of raindrops, 
bowing their heods in the breeze as if they, too, were downheart- 
ed, for their blossoms were crushed and broken. 

"Poor tilings," she murmured, *'the whole world is indeed a 
sorry place; yet even after tlie storm, the sun shineth." 

Hearing footsteps approaching, she hastily placed her hand 
over the parchment. 

"Ah, Henr\^, is that you?" 


This was said to a fair-haired man, with dark brown eyes 
and ruddy complexion. He entered with a gun in his hand which 
he had evidently been cleaning. 

' ' How sweet the air is after the storm, my son. ' ' 

"Gad, Mother, its cooling after the hot, sultry morning, but 
down in the meadows, the salt hay is spoilt, methinks, by the 
rain. I could get no one to fetch it in. It has been cut for days. 
Ah me, what a country this is ; plenty of work and few to do it. 
One is either freezing in winter or melting in summer, one thing 
or the other, no half doings here. G-ive me old England, with its 
intolerance, its rain and humid atmosphere; I get tired to death 
of sunshine. ' ' 

"True, Henry, but the sunsMme is better for gout, than our 
everlasting rains at home." 

"You speak still of it as home, my Mother! One would think 
you would be weaned by now." 

"I do not regret the move, my son, for here among the Dutch, 
we can have liberty of conscience and worship as we will. I 
must try to forget the treatment I received in New England 
plantations. Ah me, religion not expressed is now treason. To 
speak is a crime ; to l>e silent is the same. One knoweth not what 
the future hath in store. After the Baronet, your father, died I 
could not buckle down to threats and tyranny and the new world 
offered much." 

"Gad, I can never forget, my mother, that those who suffered 
at home from religious persecution, come over here and do the 
persecuting act. Poor old Governor Dudley wrote, 'Let men 
of God in Court and Churches watch, or such as do a toleration 
hatch. ' Hark, heard you a noise, jMother ? ' ' 

"No, Henry, I heard nothing." 

"You have no nei-ve nowadays, it seemeth to me, Mother." 

* * No, I passed through too many horrors and worries in Eng- 
land and Lynn. I can never forget the bitter past. The Dunches 
were never cowards; they were for liberty of Church and 

"Gad, you did but jump from the frying-pan into the fire, as 
far as New England plantations are concerned. Hey, Mother, if 


you must follow the worthy Dr. Roger Williams and the Anabap- 
tists, we must continue to sizzle in the pan." 

*^No one shall force me to do anything which I feel to be 
wrong, my son. If I doubt honest common sense and believe 
that any have become through baptism a part of the Church, that 
it is no ordinance of the Lord, then no one can make me believe 
in it, not if I burn for it. ' ' 

"Hey-day, my noble Mother, one cannot be too careful about 
expressions ; danger lurks on every hand." 

"But Henry, where is Frances?" 

"I know not, my Mother, but an hour ago, just before the 
thunder storm, I saw her pass out of the house, her basket on 
her arm. It appeared to me as if she were planning a call on 
the Holmes family, taking them a bit of jelly. Two of the 
children are ill of the Marsh fever, but I asked Frances no ques- 
tion, as she hates to be pestered, and I, for one, do not blame her. 
She is her own mistress, even though a ward." 

"Yes, my son, but I like not her walking on the lonely high 
roads by herself. These are dangerous times ; the country is 
unsettled. She is young and beautiful, but venturesome. I 
would have Dawkins accompany her when she passes outside the 
stockade. One must of a truth be careful. The red-skins have 
departed for the present but some of the strolling Dutch are 
not to be trusted. I feel troubled about the maid. Go you, Hen- 
ry, and see what you can, as to her whereabouts." 

"Truly, Mother, I am your humble servant, and, (bowing low) 
depart to do your pleasure. I would tell you a secret, Mother. 
Frances hath found favor in my eyes. I love her as a— well, a 

Lady Moody glanced into the handsome face of her son and 
her eyes filled with tears. "That is of a truth right, my son. 
Keep on loving her ; you know the wish which lieth so near my 

"Mother, should the red-skins ever attack you here, fly to the 
secret cupboard, but never fall a prey into their bloody talons." 

"But I have a weapon here which never leaveth me; I laid 
it aside while writing. ' ' Lady Moody picked up a curiously shaped 
dagger, which she carefully drew from its leathern case. ' ' This 


is my protector, when my boy is absent. It hath followed me 
to the New World; it will follow me to my grave. If I die, 
Henry, bury it with me. It was given me by one dear to me in 
my girlhood, before I ever saw your father, the Baronet. Do not 
forget, for it is sacred, and holdeth a secret. That and the pic- 
ture, there, are sacred. Remember." Picking up the dagger, 
she fingered it tenderly. **Tut, Henry, we will not turn cow- 
ards. Hark, there is that noise again, near the enclosure." 

' ' I will run and see what causeth the trouble. ' ' 

''Call Daniel King and James Hubbard, if you have need 
of any help. ' ' 

Clutching his gun more tightly. Sir Henry disappeared 
through the doorway. Lady Moody rose quickly and followed 
her son, standing in the half open door, as he hurried toward 
one of the stockade gates. Shouts and piercing screams were 
heard; then a calm, like that before a storm. A horrible war 
whoop rent the air and from all sides arose the cry, "The In- 
dians, the Indians are upon us; close the gates." The sound of 
firing and a cloud of smoke hid all from view. How long she 
stood there she never knew. She saw a tall thin figure on horse- 
back, trying to force his way through the dense mass of human- 
ity. A cry of terror escaped her ; she covered her face with her 
hands, but only for an instant, and peering forward she saw the 
same rider approaching the house. 

"By my faith, it is the Reverend Mr. Roger Williams," she 

"Yes, of a truth, Lady Deborah, all danger is now over." 

Just then one of the servants rushed foi'ward and helped the 
much besj)attered gentleman to alight. 

"That was a narrow escape for you. Dr. Williams," she said. 

"I had a few words with the chieftain. He recognized me at 
once ; I had in the past saved his life. The red-skins were on my 
track but I whipi)ed up my good beast, and just squeezed inside 
the stockade as the gates closed." 

"Were there many, think you, or may we not judge from the 
noise and confusion of voices'?" 

"There were a goodly number, Imt you have no longer cause 
to fear, my Lady. Sir Henry as I passed through was doing his 
duty valiantly, and John Tilden is a brave man." 


''Forty of the townspeople have promised to protect us." 

''Yes, I saw the women and children driven in like sheep be- 
fore me. The dust was so thick that I thought my eyesight 
would suffer. ' ' 

' ' I thank God, you have come at this critical time. ' ' 

"Yes, noble Lady, I have travelled swiftly, as the message 
was brought to my ears at daybreak. The Governor feared an 
outbreak, and asked if I would go to Gravesend as peacemaker. 
I had only arrived last night from Providence Plantation, mak- 
ing ready for my departure for the Mother Country. The whole 
cause of trouble came because an Indian, when drunk, had killed 
a Dutchman, and the Indians on the Island had united with those 
on the Mainland. The Dutch had taken some of their corn from 
them and they retaliated by burning and destroying their homes. 
As I dodged the arrows I had only time to see the Chief for a 
moment. He promises to keep the peace. So for the present 
you will have no more trouble. ' ' 

"I have heard of Indian promises before this, but it may be as 
you say. ' Our ways have not been those of pleasantness nor our 
paths of peace.' We do but reap the harvest we have sown." 

"Quite true. Lady Deborah. How like you this new home in 
the wilderness f" 

"We are nearly settled, but have not yet received our patent, 
promised by His Honor, Gov. Keift. The Dutch are a slow peo- 

"Yes, truly, slow, but sure." 

"My application to sail from Boston was denied by Massachu- 
setts Bay authorities, so I have come to Manhattan Island that 
I may take ship from there. Our friends. Mistress Anne Hut- 
chinson and her family, have come to Ann Hook, as per- 
chance you know, there to found a home in the wilderness. Her 
poor husband was in all my troubles a kind friend to me. He 
sat at the bar when I was tried for heretical teachings. May the 
good Lord protect his family. He has gone where persecutions 
may not follow him." 

"And Mary Dyer, what may have become of her?" 

"She, too, hath been banished from the Colony and though 
I have done what I could, death stares her in the face." 


Tears filled the eyes of Lady Moody. "Will these persecu- 
tions never cease? Must Quaker, Anabaptist, and Jesuit fare 
alike? Ah, Dr. Williams, even though in grave danger of our 
lives here in the Dutch settlements, we can at least worship as 
the Spirit dictates." 

' ' Capt. Underhill tried to take me prisoner, and forced me to 
board the boat, but three men and eight women protected me. 
For a time I was hidden from the view of mine enemies. The 
Lord sustained me. John Winthrop, our good Governor, hath 
been a bitter enemy of Mistress Anne Hutchinson, but ever a 
friend to me. Nevertheless I wish not to have him know of my 
sailing from New Amsterdam." 

''You wish not John Winthrop to know of your being here? 
Good Dr. Williams, tonight he may arrive as my guest." 

''May Heaven protect me. Have you no prophets' chamber 
where I may be concealed for a time? Dr. Mather said of me 
that ' I have a wind-mill in my head. ' Mayhap I have ; the good 
Lord only knows. And may I be found blown in the right direc- 
tion, when I am turning round, is my constant prayer. But 1 
have greetings for you. Lady Moody, from many old friends. On 
the morrow we can talk over our secret." 

Lady Moody placed her finger on her lips. "When you reach 
Old England's shores be wary." 

After Roger Williams had partaken of some substantial re- 
freshments. Lady Deborah hurried him to the foot of a ladder, 
saying, ' ' Let us not play with danger ; follow me. Reverend Sir, to 
the loft. ' ' Wliile speaking she placed her foot on the lower round. 
"This, Mr. Williams, we pull up at night for protection." 

Roger Williams followed his stately hostess, as she easily, with- 
out bending her head, made her way up to the loft, with its two 
rooms under the sloping roof. Opening into one of them was a 
dark closet. A few books bound in sheepskin were arranged on a 
shelf. Lady Moody deftly removed one and a bit of cord came 
into view. This she pulled slightly, raising a large board. Now, 
Dr. Williams, there is not room for both ; you must be hmnble 
and crawl below into the cupboard." 

The worthy Divine did as he was bidden. 

"See, there is the chair, I promised, and here is a candle and 


* ' The Word of God will give me reading matter, being a lamp 
unto my feet, and a light unto my path. Meditations are sweet 
to my soul after the trouble, anxiety and horrors I have under- 
gone in dark New England." 

* ' Later will I return with some refreshments. Here is a jug of 
water for your use. The place is well ventilated, so fear not for 
air to breathe." 

' ' Faith, noble lady, I find the secret place much to my liking, 
and shall rest content here. ' ' 

''I hear voices and must descend. Did they not see you as 
you entered the gates?" 

''No, I doubt the sharpest eyes in that awful dust could pos- 
sibly have recognized the features of Roger Williams ; it was well 
nigh impossible. My long cloak concealed me, and the drooping 
brim of my hat hid my features from view. ' ' 

' ' None need know aught of your presence, Sir. It maketh the 
tear drops to fill my eyes, that you must here remain in close 
quarters, such a warm, sultry day. For the present, fare you 
well, Sir." 

The words had no sooner fallen from her lips when the eyes of 
Roger Williams saw the board adjusted in its place and he 
scarcely heard the lady's tread, as she stealthily made her way 
down the ladder. Falling on his knees, the strong man prayed. 

''0 Lord, thou deliverer of Israel, I thank thee for thy protec- 
tion and love. I know that underneath me are the everlasting 
arms which will hold me safely, whether I journey by sea or by 
land, for both are thine. Protect with thy saving power this 
household, especially the one of tender years ; thou knowest all. 
Protect and be merciful." Then the softly modulated voice 
sank to a whisper ; the lips moved. Roger Williams, like Moses 
of old, talked with God. Earth with its sorrows and trials slip- 
ped away, and a light, not of this world, illuminated his features. 

Lady Moody was only just in time to meet the many neighbors 
who had crowded into the castle as they called it, to thank her 
for her protection. They had been concealed in the wood house 
that adjoined the kitchen, and begged that she would permit them 
to remain over night, as it seemed hardly safe to venture back 
to their homes. The women were unnerved and white ; their lit- 
tle ones were hiding tear-stained faces in the folds of their Moth- 


ers' skirts. Now and then the wailing of a babe would break the 

"These are indeed troublous times, but I rejoice that we have 
all escaped slavery or worse than death. Sir Henry reached 
the gates just in time 1 But here he comes to speak for himself. ' ' 

' ^ When the red men come again we may have to call upon the 
Dutch for assistance, ' ' he said. Lady Moody had given numerous 
directions, and soon the serving maids had drawn the three large 
oaken tables together, covered them with snowy homespun, plac- 
ing great platters of fowl and beef at either end. The table 
fairly groaned under its weight of good things. After grace had 
been said, all took their places, and soon were earnestly at work 
partaking of the sumptuous repast. 

' ' Mother, I think our scalps are safe for the time at least. The 
red men remind me of naught else but hornets. They come in 
swarms and settle down to draw each drop of blood— a devilish 

"Yet," remarked Mrs. Hubbard, as if catching her breath, "we 
must thank Almighty God that we are safe ; but where is Mis- 
tress Frances?" 

All rose to their feet, and Sir Henry jumped for his gun, 
which hung near where he was sitting. 

"I thought," he gasped, "she had returned with the others 
when the attack was made. God help us." 

Lady Moody turned pale. ' ' Henry, saw you not the maid 1 ' ' 

' ' Nay, my Mother, I have neither seen nor heard aught of her 
since she passed with her basket on her arm down the garden 
path. It was, as I have before told you, just an hour before the 
storm came up." 

"Some one said she had returned, and so my heart was at 
rest. The Lord reigneth, his power is over all." She buried 
her proud face in her hands and left the room. Henry followed, 
trying to reassure her. 

"I will take some of the men with me. Mother, and we will 
leave no stone unturned." 

Suiting the action to the words, followed by six of the armed 
men, they disappeared. Voices at the table were hushed ; fear 
was written on each brow. 



The Disappearance of Frances 

■' '' • ' "The leaves are motionless; the song birds mute. 

■• :• :• ' The very air seems somulent and sick. 

The spreading branches with o'erripened fruit, 
• . • . Show in the sunshine all their clusters thick ; 

While in the quiet a mellow apple falls 
With a dull sound within the orchard walls." 

— James Barron Hope. 

It looked and felt like a storm, but Mistress Frances, the ward 
and adopted daughter of Lady Deborah Moody, had made up her 
mind to visit the two little Holmes girls, who had been attacked 
by the marsh fever the evening before. The weather had been 
unusually warm for the season, and the good Dutch Doctor from 
Manhattan Island had used the word ''unhealthy," applied to 
G-ravesend and its people; had urged brimstone and molasses 
and a cooling drink. Frances thus, with a basket on her arm, 
had hurried down the fragrant flower bordered path, and made 
her way to the dusty high road, on which the Holmes' small 
thatched cottage stood. The strong salt air from the marshes 
blew into her face, making the pink and white cheeks quite rosy, 
and a pair of blue eyes, with long, black lashes looked dreamily 
out at the dusty road as it stretched before her like a ribbon. Her 
eyes seemed to partake of the color of her hood, which had fallen 
back, being held fast by a broad ribbon of the same color. She 
was intent on watching a flock of sea gnills, wheeling above her 
head, for these had ventured far inland as if dreading the com- 
ing storm, and she wondered if there were time for her to make 
the visit. Frances heard nothing of the stealthy footsteps which 
followed in the distance, the figure now hiding behind a rook, now 
advancing more boldly, then disappearing within the thick tan- 
gle of blackberry bushes which fringed the roadway. She was 
thinking of her errand of mercy, of the feverish little mouths, 
and the delight they would experience tasting the current jelly. 
Frances was ever an Angel of Mercy, and far and wide in the 
small hamlet of Gravesend the people looked for her coming when 
either joy or sorrow knocked at their doors. Her strength of 
character, her beauty and grace, the sweet unselfishness for all 
made her ever a welcome guest. 


The shadow that followed her now took form. It was an In- 
dian maiden, dressed in her tunic of leather, and short skirt, 
adorned with feathers, and colored beads aranged in fanciful 
designs. Her raven-black hair hung unconfined over her should- 
ers and a coronet of red and yellow feathers made a framework 
for her face. Her black eyes were fixed upon the graceful, girl- 
ish figure before her. She seemed to dart through the air, so 
quickly did her small mocassined feet pass over the rough road. 
Until, touching the silk scarf worn by Mistress Frances, she 
forced her to turn suddenly. A scream of terror came from her 
lips—" What is it? What want you, girl ? ' ' 

''Lily-Pale-Face, Minatonka come to warn of danger. Mina- 
tonka's father, great brave, kill pale-face. Storm come, rain, 
then Indian kill. Minatonka love Lily-Pale-Face; I save her. 
Time short. Clouds roll back thunder. It comes— the storm. 
Lily-Pale-Face safe with Minatonka. Minatonka hide in cave. 
Come quick." 

Mistress Frances, with a look of terror on her face, saw that 
the Indian maid was in earnest. She recognized her as one 
whom she had once saved; and Minatonka, the daughter of the 
Chieftain, had never forgotten and had learned her lesson of 
love, taught her by the great, white Spirit. The running brooks, 
the flowers, the sunshine and the stalwart trees had been her 
only teachers; Minatonka needed none other. When she met 
this maiden of the pale-face tribe, love had conquered prejudice 
of race. She loved Lily-Pale-Face. 

''Come." She placed her finger on her lips as if to enjoin 
silence. "Follow; no time. We must wind, even as the snake, 
in and out." 

As the maid spoke, a drop of rain fell on Frances' face, then 
another and another. The maid, catching her skirt, dragged 
her after her, taking a path under the chestnut trees that grew 
so thickly back from the road. T'he path grew narrower, and 
at last was lost in a tangle of shrubs and vines. 

"Here Lily-Pale-Face safe; storm comes." 

By this time, terrible peals of thunder were heard and vivid 
lightning flashed into the faces of both, lighting up the gloom of 
the forest. 


'^Follow; no time. Lily-Pale-Face wet; storm here," 

The terrijfied Frances followed her captor, drawn on by a 
strange something. Minatonka pushed aside the briars and long 
grass disclosing a great rock. This lay at the edge of a sandy 
beach, and the opening was fronting the broad expanse of water. 
Coney Island lay before their eyes. 

"Lily-Pale-Face, crawl in there." And setting the fashion 
she advanced on hands and knees into the cave, for such it was. 
Frances was out of breath and wet from the storm. The ashes 
from a recent fire were piled up in the centre of the cave, on 
which a stick of wood was smouldering. Minatonka added some 
sea-weed, which she discovered in the corner and both were re- 
paid by a cheerful blaze, which lighted up the darkest recesses. 
On the opposite side was a heap of dried leaves, that had evi- 
dently been used quite lately as a bed. A large shelf and a 
Dutch flask lay near the improvised couch, and way in the back, 
Frances saw a quantity of dried corn hanging from the rocks; 
also a pile of drift-wood and chips. 

"Why have you brought me here, Minatonka?" she gasped. 

"Minatonka save, save. Think time late. Ran many leagues. 
Not tell Indians. Come alone. Storm saved you. Indian kill 
Minatonka if know she save Lily-Pale-Face. Cave here ; Indians 
not know. Storm gone, I cover stone ; grasses, sea-weed I put be- 
fore. Minatonka watch Lily-Pale-Face." 

For the first time Frances seemed to see an empty flask. 
"Ajiother pale-face here before, Minatonka, see, fire-water." 
Creeping around, she saw in the sand, written in all probability 
by a thick stick, letters which formed the word "remember." 
"Remember, how strange," Frances murmured. She examined 
the cave with great care. The storm increased in violence, but 
after two hours the sun shone, and one ray made its way into the 
dark recesses. Minatonka crawled to the entrance, looking care- 
fully in all directions. 

"Sick man better now, go away, say come back soon. Fear 
Indians kill, and Dutch. Hide here. Minatonka give medicine, 
herbs and food to pale-face. Bring him here in canoe. Pale- 
face good to Minatonka." 

Frances saw that her companion was speaking the truth. 


What could the word ^'remember" be. Who was the man who 
had so lately visited the cave? 

The air was sweet and very salt. How refreshing ii was to 
Frances as it blew upon her hot cheeks and forehead. Only the 
music of the waves broke the stillness. Suddenly the horrible 
war-whoop of the Indians fell upon her ears. Frances turned 

*'You will save me, you are my friend!" 

''Lily-Pale-Face, I save, even if they kill. No fear, pale-face 
safe, safe. Dutch bad, steal corn, Indians kill, kill. I no love 
kill. Minatonka save." 

Frances pictured the horrible things that were happening. 
Lady Deborah Moody alone, perhaps; Sir Henry fighting and 
falling. She buried her face in her hands and prayed. She 
could not shut out that awful picture. 

''I thank Minatonka," she said, turning to the Indian maid,— 
' ' but my Mother, pale-face Lady Moody, will die. ' ' 

Tears filled her eyes and ran down her cheeks. Minatonka was 
kissing her hands and weeping with her, while she murmured, 

''T save all, if could; I save Lily-Pale-Face. Great, white 
Spirit protect, great, white Spirit save." 

Minatonka then crawled from the entrance to the cave and dis- 
appeared. All was still in the distance. In half an hour she 
returned, bringing some apples, which she placed before her 

"Eat, eat," she said, ''all safe now; fight over. The good 
Brave Williams come, speak to Chief; Indian love Brave Wil- 
liams, no burn, gates shut, all go away, go far away ; not come 
back now. Lily-Pale-Face safe, she return; she go back to wig- 
wam. White-face show Minatonka cave; Minatonka not tell." 

She pointed to the flask. "White-face gone, show Minatonka 
the way; secret. Follow, follow." 

Frances did as she was bidden, crawling to the upper part of 
the cave; both were soon able to stand erect as they emerged 
into what seemed to be a tunnel, lined with stones. They walked 
for some distance, about two miles ; coming suddenly to a halt, 
as the passage was filled with underbrush. 

"Follow, Lily-Pale-Face." The Indian girl felt among the 


stones and discovered steps, one above another. Reaching the 
top, she pushed something back ; daylight appeared, showing to 
Frances, the garden of Lady Moody's house. It lay just before 
her. A perfume of the flowers was wafted to her on the fresh 
breeze. "After the storm, the calm, thank God," she said. 

They were screened from the house by a group of trees and 
underbrush. Minatonka looked up into her friend's face, and 

" Lily- White-Face safe, wigwam. Keep treaty; Lily- White- 
Face need me, I come again." 

She took from her arm a curious bracelet, composed of gold 
and blue beads, and clasped it upon that of Frances. 

"AVhen in danger send; I come." 

In a moin.ent she disappeared in a jagged hole in the ground, 
and the large stone had been pulled into place; how, Frances 
oould not see. It moved as if on a hinge. She stood for a mo- 
ment like one in a dream, and hastened her footsteps as she ap- 
proached the low door. All was quiet. At her desk sat Lady 
Deborah Moody; she was writing, but tears poured from her 
eyes, and fell on the closely written parchment. No longer able 
to restrain herself, Frances ran forward and fell at Lady De- 
borah's feet, weeping for very joy. In a few moments all was 
explained, and Lady Moody, happiness written on her face, hast- 
ened out to tell the joyful news that the dear child was safe; 
all, all was well. Half an hour before, the disappointed, anxious 
men had returned, unsuccessful in their search. The household 
slept lightly that night, but no harm came to the little hamlet at 

History of the Mormon Church 

By Brigham H. Roberts, Assistant Historian of the Church. 


The Judicial Crusade of 1870-2 — The Englebrecht Case— Ma- 
licious Prosecutions — McKean Reversed — Triumph of 
Brigham Young 

WE have now to deal with the judicial crusade in Utah 
of which Judge James B. McKean was head and 
front, through four troubled years of Utah's history, 
Judge McKean was appointed chief justice of the Utah su- 
preme court in July, 1870 ; and arrived in Salt Lake City on the 
30th of August. He was assigned to the 3rd judicial district 
which included, it will be remembered. Salt Lake City. Three 
days before his arrival the liquor establislmient of Paul Engle- 
brecht, Christian Rehemke, and Frederick Lutz had been entered 
by the city police and the entire stock of li(iuors of the value of 
about $22,000 had been destroyed. As this case was finally dis- 
posed of by the U. S. supreme court, and is the one which over- 
threw the fanatical judicial ])rocedure of Judge McKean's reign 
in Utah, it is necessary to set it forth somewhat in detail. And also 
it exhibits how aggravatingly the local authority was contemptu- 
ously defied, by those who thought they could find special pro- 
tection under the rulings of the federal courts. 

The Englebrecht establislunent was supposed to be a whole- 
sale li(iuor concern; and under the city ordinance it was pro- 
vided that a wholesale liquor license should not authorize any 
person to sell either spirituous or vinous, or fermented liquors 
in less quantity than ten gallons, or in original packages ; and 



bottled liquors or wines only in original packages as imported, 
and in no case to be drunk on the premises of parties so licensed.^ 
In disregard of this provision the Englebrecht concern sold at 
retail as well as wholesale, for which Englebrecht was arrested 
and fined three different times. Notwithstanding this,^ when 
he applied for the renewal of his wholesale license, about a month 
before the concern's stock was destroyed, the application was 
favorably acted upon. The 8th section of the city ordinance 
regulating the liquor traffic provided that the city council should 
determine the time for which the license should be given, the 
amount to be paid therefor, and should require bonds with secu- 
rity and determine the amount thereof for the due observance of 
the ordinance, etc.^ But after the city council signified its will- 
ingness to grant the license, Engelbrecht refused to sign the bond 
required, which, of course, left him without a license, but not- 
withstanding he had no license, he continued to sell liquors both 
loholesale and retail in defiance of the city ordinance ; for which, 
during the month of August Engelbrecht was several times ar- 
rested and on three occasions fined, but in each case he took an 
appeal, denying the city's jurisdiction. Concerning these appeals 
no decision had been reached, as the district court had not been 
in session since they had been made. Section 7 of the city ordin- 
ance in relation to the liquor traffic provided that if any person 
having reasonable cause to believe that any house or place is 
established and kept for the purpose of selling or otherwise dis- 
posing of liquors, without a license from the city, and will make 
oath of the same, describing the place, and if upon investigation 
it shall so appear, the mayor or alderman before whom such com- 
plaint has been made may issue his warrant, directed to the city 
marshal, or any of his deputies, commanding him to enter said 
house or place and demolish all things found therein made use 
of in the sale of liquors, etc. ; and to arrest the person or per- 
sons owning, keeping or conducting said house or place, and bring 
them before the court; where, on conviction, the offender was 

1. See City Ordinance in full Deseret News — Weekly — of Aug. 31st, 1870, 
Sec. 2. 

2. Under the city ordinance violation of the ordinance subjected the offender 
to both fine "and forfeiture of license" (Ibid., Sec. 9. Hence the "notwithstanding 
this" clause above. 

3. Ibid., Sec. 8. 


subject to fine, or imprisonment or both. The above course was 
strictly followed in the procedure against Engelbrecht. A per- 
son made the required oath before alderman Jeter Clinton. The 
order was issued to the city marshal, Mr. J. D. T. McAllister, 
who with the chief of police and a force of eighteen regular and 
special officers went to the Engelbrecht establishment and ''quiet- 
ly but sternly" proceeded with their duty. The whole stock of 
liquors was destroyed as before stated.* 

For this action Engelbrecht entered a civil suit against the 
officers for the recovery of a three-fold value of the property 
destroyed, under a territorial statute providing for treble dam- 
ages when property was unlawfully, wilfully, and maliciously 
destroyed. During the progress of the case Judge McKean in rul- 
ing upon a demur of the plaintiffs to the answer of the defendants 
that their action in destroying the liquors of the Engelbrecht 
concern was not unlawful or wilful or malicious, but done in pur- 
suance of legal authority, overruled that demur, so that if the 
defendants could establish absence of wilful malice it would re- 
duce its offense to mere trespass, in which case the defendants 
could only be mulcted to the amount of actual damages, instead 
of treble damages. But when the trial jury, from which every 
Mormon had been excluded either for cause or on peremptory 
challenge,^ brought in its verdict, it was for treble damages 
amounting to $59,063.25. On appealing the case to the Terri- 
torial supreme court the judgment of the trial court was af- 
firmed. An appeal was taken to the United States court on a 
writ of error, the defendants challenging the array of the jury 
in the third judicial district of the Territory. "The controlling 
question raised by the challenge to the array," as the supreme 
court in its decision subsequently said, "is, whether the law of 
the Territorial legislature, prescribing the mode of obtaining 
panels of grand and petit jurors, is obligatory upon the district 
courts of the Territory."^ 

The record of the case shows that the court originally directed 
a venire to be issued in conformity with this Territorial law, and 

4. The account of the procedure in detail in Dcscret News — Weekly— of Aug. 
30, 1870. 354. 

5. See Deseret N ezvs—W eck\y—oi Nov. gth, 1870, p. 465. 

6. Clinton vs. Engelbrecht, 13 Wallace, p. 434. 


that a venire was issued accordingly, but not served or re- 
turned. The record also shows that under an order subsequently 
made an open venire was issued to the federal marshal, which 
was served and returned with a panel of eighteen petit jurors 
annexed. These jurors were summoned from the body of the 
county at the discretion of the U. S. Marshal. 

It is only proper to say that chief justice McKean on his ar- 
rival found that his associate justices Strickland and Hawley, 
who preceded him into the Territory by nearly a year, had al- 
ready decided that the probate courts had no jurisdiction in 
criminal cases, and had set aside as invalid the territorial law 
respecting the selection of grand juries; and Mr. Wilson, pre- 
ceding Judge McKean in the office of chief justice, about the same 
time, had decided in the case of Orr vs. McAllister, that Mr. 
Orr the United States marshal was the proper executive officer 
of the district court, and that McAllister, who was territorial 
Marshal, was not.^ It was not Judge McKean, then, who took 
the initiative in these several steps^ that did such violence to the 
laws of the territory, and the principles of local self-government ; 
his part was to acquiesce in them, to confirm and emphasize 
them, and to proceed under them until suddenly and effectively 
halted in his mad, judicial career. 

In the September term— 1870— of Judge McKean's court, he 
rendered an important ruling that indicated his policy with ref- 
erence to the naturalization of alien Mormons in the cases of 
John C. Sandberg, a Swede, and William Horsley an English- 
man. In the pursuance of his inquiries the Judge asked whether 
or not they believed the act of congress of 1862, relating to ' ' big- 
amy, ' ' to be binding upon them. Sandberg in substance replied 
that he regarded it as right under the law of God for a man to 
have more than one wife at the same time ; Horsley refused to 
answer the question. Neither of them had more than one wife, 
but the Judge refused them naturalization, and rendered the 

8. Baskin's reminiscences, the Englebrecht case, ch. IV. Judge Wilson, who 
was not unfriendly to the Mormon people, as shown in preceding chapters, de- 
clared to delegate flooper in Washington that he had rendered this decision ac- 
cording to his best judgment, and had furnished the pro-Mormon lawyers "Bros. 
Stout and Snow" all his reasons for his rulings, that they might have every facility 
for carrying it up on appeal. See Hooper's Letter to Snow date of June 5th, 1870. 
Hist. Brigham Young Ms., 1870, Vol. i, p. 980. 

9. See History of the Bench and Bar of Utah — 1913 — pp. 28-29. 


aforesaid ruling in the case.^^ It may be said in passing that 
there was no law cited by the Judge which justified his specific 
inquiry as to the practically inoperative law of 1862 about "big- 
amy;" and there was nothing in the laws governing admission 
to citizenship that required "the applicant to be well disposed 
to any special law of congress, though such law may be su- 
preme." "If it did," said a prominent lawyer of the period, 
^'it would require of Mm that which is not required of any 
natural-born citizen. Every natural-born citizen, though he 
has not the right to disobey a law to the principles of which he 
feels opposed, has an inalienable right, which cannot be bought 
nor sold, nor surrendered, to oppose a principle in which he 
does not concur, provided that opposition does not amount to a 
resistance of the law. The very basis of civil liberty permits all 
citizens, native or naturalized, to have a voice and to cause their 
opinions, honestly entertained, to be heard in the councils, ter- 
ritorial, state, or national, and seek to have modified or repealed, 
any law to which they are opposed. "^^ It would seem anomal- 
ous to require the surrender in an alien, in order to acquire citi- 
zenship, of rights which are conceded to the native born citizen, 
and which would inevitably be the rights of the alien as soon 
as admitted to citizenship. 

In January, 1871, three applications were made by men who 
upon inquiry of the court stated that they were polygamists, 
but that they had entered into that relation previous to the enact- 
ment of the special law of congress against bigamy in 1862. 
Wliereupon his honor in a ruling made upon their case declared 
that the common law was brought by the Mormon pioneers to 
Salt Lake valley when they first entered it; that the "com- 
mon law" held polygamy as a crime; and therefore, the appli- 
cants for citizenship could not plead that since their plural mar- 
riages took place before the law of congress of 1862 that they 
were not law-breakers ; and being law-breakers, under this rul- 

10. "Sandberg," said the Judge, "satisfied the court tha<- he is not, and Hors- 
ley failed to s-atisfy the court that he is, a man of good moral character, attached 
to the principles of the constitution of the United States, and well disposed to the 
good order and happiness of the same. The duty of the court is plain. ^ These ap- 
plications for naturalization must be rejected." The decision in full is found in 
Deseret N ews—SN Ci^kXy— {or Oct. 19th, 1870, p. 436. 

11. Review of Judge McKean's decision in the Sandberg-Horsly cases, by- 
Judge Z. Snow, Deseret A/'^wj— Weekly— of Oct. 26th, 1870. 


ing of the Judge, ''these applications for naturalization must 
be denied. "^^ At the same time there is no principle or practice 
better established by authorities, I am assured, than ''that 
there is no such thing as a common law criminal offense under 
the laws of the United States." Under the practices of the fed- 
eral courts of Utah, in this period, in the matter of naturalizing 
aliens, "no 'Mormon' need apply," might as well have been 
posted over the court entrance, unless he was willing to deny his 
religious faith. 

In August, 1871, control of the penitentiary, under an enact- 
ment of congress, passed Jan. 10th, 1871, passed into the hands 
of the United States marshal, although it had been built, in part, 
by Territorial funds and had always, up to that time, been under 
the control of the Territorial marshal. U. S. Marshal Patrick 
would make only verbal demands for the control of the institu- 
tion to pass into his keeping, and the Territorial warden, Mr. 
A. P. Rockwood, protested in writing to the surrender, both of 
the institution and of the prisoners, who were engaged in labor, 
and some of whom were kept in the city prison. For resisting 
the verbal orders of the marshal,— acting under direction of 
Governor Woods — and insisting upon some written order from a 
court of jurisdiction in relation to one prisoner— Kilfoyle— 
serving a sentence for manslaughter and held at the city prison 
—suit was brought against city Marshal J. D. T. McAllister and 
Warden A. P. Rockwood for resisting an officer. 

At the hearing before Judge Hawley the warden and city 
marshal were bound over to answer to the grand jury at the 
next term of the third judicial district. In the course of this 
hearing Acting U. S. Attorney Baskin interrupted to say that 
his udij in taking possession of the prisoner Kilfoyle would have 
been to ]>iit the guns of Camp Douglass upon the city, blow 
down the city hall and jail, and force possession of the prisoner 
with bayonets.^' Such was the spirit of the times. Indeed there 

12. The ruling in full will be found in Dcscret News — Weekly — of March 8th, 

13. The incident, as reflecting the spirit of the times, is worthy of a more de- 
tailed presentation. Mr. Thomas Fitch was representing the defendants before the 
court and in the course of his defense, speaking of Warden Rockwood, he said : "All 
the defendant asked, as appears from the testimony, was an order of court. In his 
written protest, he says, 'I will surrender this convict on the order of some court 


seemed to be a settled determination to appeal to and use the 
military power in civil affairs on the slightest provocation, or 
even without justification at all. Such was the case in the em- 
ployment of a military cavalry posse of regular troops in a 
midnight attempt at Provo and Springville on the nights, re- 
spectively, of lOtli and 12th of September, to arrest parties 
indicted by the grand jury for murder. There was no justifica- 
tion for the employment of the military posse, there was no 
likelihood of resistance of the civil authorities, it was a wanton 
display of excessive power on the part of the XJ. S. Marshal. It 
greatly alarmed the people of the two towns, and awakened wide- 
spread resentment among the people of the Territory, to such an 
unwarranted employment of military force. ^* 

of competent jurisdiction.' He deems himself invested by the legislature of the 
Territory with certain duties and responsibilities ; he has given bonds for the faith- 
ful performance of those duties and the discharge of those responsibilities. It is 
but little to ask, when he is called upon to divest himself of these responsibilities, 
and to cease to perform those duties, that he should do it on some demand more 
formal and some decision more binding than the construction of an act of Congress 
made by the United States marshal. * * * However, we have perhaps cause to 
congratulate ourselves that the guns of the Fort have not been turned on the city, 
and the City Hall surrounded with cavalry, infantry and artillery, and the warden 
compelled at the point of the bayonet to surrender his prisoner." 

Mr. Baskin — "That would have been my way to do it." 

Mr. Fitch — "I presume that Mr. Baskin would have knocked the City Hall and 
city jail down ?" 

Mr. Baskin — "I would that !" 

Mr. Fitch — "The acting law officer of the United States informs us that he 
would have 'let loose the dogs of war' had his advice been followed and his wishes 
consulted. And why were they not? Where was all the power which with all the 
pomp and parade of war once interfered to prevent by arms a peaceful parade epi- 
sode of the previous July? Was it asleep? ashamed? or afraid?" 

Governor JVoods (who was seated on the right hand of Judge llawlcy) — 
"Neither, my I r)r(l !" 

Mr. Fitch — "I am assured by the E.xccutivc of the Territory of Utah, who 
honors us with his audience and encourages the prosecution with approving smiles, 
that my surmises are incorrect. The Executive of the Territory, who perhaps agrees 
with the opinion once expressed by the present President of the United States, that 
'the justices of the supreme court are members of the Governor's staff,' and who 
deigns to give to your Honor, as his staff officer, the benefit of his protecting pres- 
ence, while at the .same time he stands ready to answer questions of defendant's 
counsel, whether he be the party interrf)gatc(l or no" 

The Court — "This discussion is becoming exciting and I shall nol permit further 
remarks outside the case." 

^fr. Fitch — "I beg your Honor's pardon, — but I have not traveled out of the 
proper line of argument, except to comment upon interruptions, made irregularly 
by Mr. P)askin, and improperly by Governor Woods. ' (See Deserct News — Weekly 
— of Sept. 13th, where the court proceeding in full is given). 

14. The men wantefl were H. T. Davis rind J. J. Raimi. Tn the latter part of 
December Baum had killed one Richarrl Brown, who had seduced and then re- 
fuser! to marry his niece, notwithst.inding her pleadings with him to do so. It 
was not known at first who killed I'.rown, llarry L. Davis was accused of the crime 
but during the inquest at Provo, wluii Da\id was under examination Bntun entered 


The federal officers in Utah were not all agreed as to the wis- 
dom or the legality of the procedure invoked in Utah under this 
Shaffer- Woods-McKean regime. C. H. Hemstead, U. S. Dis- 
trict Attorney for Utah since 1868, refused longer to be con- 
nected with it. His resignation took place about the time of the 
opening of the September term of the third judicial district, 
and was accepted by Judge McKean who immediately appointed 
E. N. Baskin to discharge the duties of that office ;^^ and Gen- 
eral Geo. E. Maxwell acted as his assistant, both gentlemen were 
pronounced anti-Mormons, and from them the McKean judicial 
policy could hope for strong support. 

Considerable progress had now been made in the development 
of the evident conspiracy against ''Mormon Theocracy" in 
Utah. By Governor Shaffer's administrative act the comman- 
der of the Utah militia elected by the people according to the 
Territorial law, had been set aside, and a new commander— P. 
E. Connor, of past and present [1870-5] anti-Mormon fame— had 
been illegally appointed by the Governor in his stead ; the probate 
courts had been stripped of their criminal jurisdiction— the 
courts of the people, in whose justice they had confidence ; said 
courts were also, contrary to law, deprived of participation in 
the choosing of grand and petit jurors; the Territorial Mar- 
shal and Territorial Attorney had been rejected as officers in 
the federal courts in Territorial cases ; the juries, grand and 
petit, were to be selected by the U. S. Marshal on open veneri; 
it had evidently been determined that there would be no nat- 
uralization of Mormon aliens; the U. S. Marshal would have 
charge of the penitentiary; the U. S. military— according to the 

the court room and confessed to the killing of Brown for the reason stated, and 
also for the further reason that Brown had threatened his life. The inquest court 
returned a verdict of justifiable homicide; and Brown and Davis were both re- 
leased. A packed grand jury, however, got out an indictment against both Brown 
and Davis and their arrest was attempted as described in the text above. See Des- 
erct Nc'i's — Weekly — of Jan. ii, 1871 ; also of 13th and 20th September, 1871 ; and 
Whitney's Hist, of Utah, Vol. 11, p. 592 — note. Also Deseret News of Oct. 4th, 
1871, where it is alleged that the death of Mrs. Davis was hastened by fright on ac- 
count of military "raid." 

15. See Reminiscences of Early Utah, Baskin, p. 38. According to Mr. Bas- 
kin McKean read from U. S. statute a provision which authorized a district Judge, 
in case of a vacancy in the office of district attorney, to appoint a person to exer- 
cise the duties of the vacant ofhce until such vacancy should be filled. Baskin con- 
sented to accept the appointment. Id. Mr. Baskin had been the assistant to Mr. 
Hemstead for some time previous to this. 


recent Provo-Springville precedent— could be relied upon as a 
posse commitatus in aid of the regime. 

In all this one cannot fail to see that the evident intention of 
the group of federal officials now in charge of affairs in Utah 
was to accomplish, without the sanctions of law, what the con- 
gress of the United States had refused to authorize when it 
denied passage to the outrageous Wade, Cragin, and Cullom 
bills. Congress had refused to pass these measures, which 
would have turned Utah over to the rapacity of the hungry 
pack patriotically anxious to despoil her. But what Congress 
had refused to grant by special enactment, the conspirators 
determined to take by means of assumed powers, and by the 
wresting of the law to their own vicious purposes. And those 
purposes ? Undoubtedly the overthrow of the Mormon leaders ; 
the breaking down of the political power of the Mormon people 
—the people who had redeemed Utah from a desert waste and 
given it to civilization— these people who, under American prin- 
ciples, were entitled to the sacred and guaranteed rights of self- 
government, under the National Constitution and the Organic 
law of the Territory,— were to be despoiled of their political her- 
itage; and with them thus dispossessed of, or limited in their 
rights, the conspirators, McKean, Woods, Baskin, Maxwell, et 
al., were to bring Utah into the Union, themselves and associates 
to become the senators, representatives, governors, judges, etc. 
—in a word, become the ruling class in the new state, while the 
people of Utah should be blessed with the privilege of continu- 
ing to make the desert lands fruitful by their toil, and pay the 
taxes. Utah under these bright prospects looked like exceed- 
ingly ''good picking" to the hungry horde of office-holding and 
office-hunting adventurers who had now beset her.^*^ 

16 Let it not be thought that these arc prejudiced Mormon views. The facts 
set forth in the foregoing paragraphs warrant the conckisions, and very many lead- 
ing papers in the United States east and west charged the group of Utah and 
Washington conspirators with such designs. The Omaha Herald for mstance m a 
leading ccHtorial. speaking of this anti-Mormon conspiracy said: "This conspiracy 
began with the advent of the existing herd of federal mercenaries to Utah. It crys- 
talized under the agitation of the Cullom bill which was drawn in Salt Lake Ihe 
object was to break down the political power of the people who had conquered Utah 
from a desert waste into a beautiful garden. This was necessary to enable these 
malignants to occupy, possess and control it. With the fall of the Mormon power 
McKean Woods & Co. were to bring Utah into the Union as a State, and become 
Senators of the United States, and heroes in a land already suffering from a surfeit 


In the several steps taken in the development of the con- 
spiracy against "Mormon Theocracy" the stage was exceed- 
ingly well set for what is immediately to follow. 

At the September term of court, 1871, a Territorial law passed 
by the legislature in 1852, to punish ''adultery," and ''lewd and 
lascivious association" was invoked in the crusade against Mor- 
mon polygamy. Of course the statute was not intended by the 
Utah legislators to apply to polygamy, and there was on the 
statute books the congressional law especially passed against 
"bigamy," to meet supposed conditions in Utah; but it was 
thought that more successful prosecutions could be made under 
the Territorial than under the congressional law, since under 
the latter the plural marriage as well as the first one had to be 
proven in order to conviction. Besides the penalties of the Ter- 
ritorial law were greater. 

The first victim of this new departure was one Thomas Hawk- 
ins. The territorial statute in question provided that "no prose- 
cution for adultery can be commenced, but on the complaint of 
the husband or wife." In the case of Hawkins, who had mar- 

of such. The Cullom Bill failed. Far fetched edicts of the law, promulgated 
through stump speeches from the bench, likewise failed. The sceptre, not yet 
grasped, was departing. Something must be done. Criminal statutes must be in- 
voked. Proofs of crimes other than that of polygamy must be secured. But be- 
fore this is permitted, in pursuance of a deliberate plan, decisions must be promul- 
gated whereby, under a thin disguise, Mormons, on account of their religious be- 
liefs and practices, must be excluded from juries which would be thus necessarily 
constituted of their deadliest enemies — men who would do the known wish, if they 
did not obc}^ the actual behests, of their desperate masters. And this is but a brief 
outline of a conspiracy which aims, at whatever cost, to destroy men and institutions 
in a Territory whose civilizing and industrial achievements are the admiration of 
mankind." (Omaha Herald of Oct. 4th, 1871). This is from the San Francisco Ex- 
aminer of about the same date. "The whole thing (i. e. the Mormon trouble) is 
instigated by a 'ring' of Republican politicians, who are looking to the speedy admis- 
sion of Utah as one of the states of the Union. These small fry, popinjay politi- 
cians, and would-be statesmen, know full well that they will have no show for pro- 
motion until the Mormon power is broken. Hence it is that they seek to create a 
civil war by means of packed juries, vmprincipled judges and perjured witnesses. Of 
course, if they determine that no Mormon shall sit on a jury to try Young, as all 
were excluded from the grand jury, he will necessarily be convicted. Having the 
judge and marshal they can pack a jury to suit themselves. K they can send Brig- 
ham to prison, and induce the people to rise up and liberate him, and thus produce 
a conflict, Utah will be at once admitted as a state, and under the protection of fed- 
eral bayonets, these mischief makers can have themselves elected senators, con- 
gressmen, etc., just as the thieving carpet-baggers did at the South. The whole af- 
fair is a disgrace to the American name. That a vile, little clique of corrupt poli- 
ticians should be permitted to use the power of the government to embroil a peace- 
able community in civil strife, to gratify their personal greed for place and plunder, 
is an outrage upon decency, humanity, and justice." (Copied into Deseret News of 
Oct. 25th, 1871). 


ried a plural wife, under the sanctions of the Mormon Church, 
the first wife entered complaint before the grand jury, and an 
indictment was found for violation of the act of the Territory 
of 1852. On trial Hawkins was found guilty of "adultery" and 
sentenced to three years imprisonment and to pay a fine of $500. 
He appealed his case to the Territorial supreme court, but not 
being able to give the bond of $20,000, demanded by the court, 
he was remanded to prison to await the time of hearing the 
appeal. ^'^ 

The grand jury at the same term of court indicted President 
Brigham Young, but under a different section of the law, vis, 
section 32; which provided that "if any man and woman, not 
being married to each other, lewdly and lasciviously associate 
and cohabit together . . . every such person so offending 
shall be punished by imprisonment not exceeding ten years, and 
not less than six months, and fined not more than one thousand, 
and not less than one hundred dollars, or both, at the discretion 
of the court." Setting aside then the fact of the marriage of 
Brigham Young to his plural wives, by sanction of the Mormon 
Church, the "packed" grand jury found an indictment against 
him for "lewdly and lasciviously associating and cohabiting with 
women, not being married to them."^^ On the second of Octo- 
ber he was arrested upon this charge; and his arrest was fol- 
lowed quickly by the arrest of Daniel H. Wells, Mayor of Salt 
Lake City, and President Young's second counselor; Geo. Q. 
Cannon, editor the Deseret News, and Henry W. Lawrence, the 
last a leader in the late "Godbeite movement." 

A motion to "quash" the indictment was made by President 
Young's council on the plea that the grand jury was not legal, 
not being impanneled as provided by law either of the Territory 
or of the United States ; and that the inclusion of sixteen counts 
in one indictment, not being different parts of one offense, nor 
different statements of the same offense, or in any wise con- 
nected with each other— were illegal. The Judge overruled the 

17. The trial of the case appears in Utah Reports, for 1871, p. — See also 
Baskin's Reminiscences Ch. V. It was a standing jest of tlie times that the 
pompous lecture given by the Judge to Hawkins was greater punishment than the 
imprisonment and fine. The speech of the Judge will be found in the Deseret 
Nezus — Weekly— of Nov. ist, 1871. 

18. The indictment contained sixteen counts and charged as many offenses, 
extending from 1854, to the finding of the indictment, 1871. 


motion. It was on that occasion that Judge McKean used 
phraseology that has become somewhat famous in Utah annals, 
and which confessed the true inwardness of this whole court 
procedure at that time, and proclaimed the mission character 
of Judge McKean 's appointment: 

''Let the counsel on both sides, and the court also, keep con- 
stantly in mind the uncommon character of this case. The 
Supreme Court of California has well said : ' Courts are bound 
to take notice of the political and social condition of the country 
which they politically rule.' It is therefore proper to say that 
while the case at bar is called The people versus Brigham 
Young its other and real title is Federal Authority versus Po- 
lygamie Theocracy. The government of the United States, 
founded upon a written constitution, finds within its jurisdic- 
tion another government— claiming to come from Qodi—impe- 
riam in imperio — whose policy and practice, in grave particu- 
lars, are at variance with its own. The one governmeiit arrests 
the other in the person of its chief, and arraigns it at this bar. 
A system is on trial in the person of Brigham Young. Let all 
concerned keep this fact steadily in view; and let that govern- 
ment rule without a rival which shall prove to be in the right. "^^ 

President Young was in court during the above hearing. 
When his counsel several days before had asked extension of 
time to prepare the case, and the fixing of bail— since his client 
was nominally in charge of the U. S. Marshal— the assistant 
prosecuting attorney, Gen. Maxwell, objected. ''He wanted the 
defendant to come into court to plead to the indictment. 'The 
people,' he said, 'demanded that Brigham Young should ap- 
pear in court the same as anybody else.' The court granted 
the extension of time . . . but said the bail could not be 
taken until the defendant pleaded to the indictment." So the 
defendant came into court to plead to the indictment ; and such 
was the quiet and dignified bearing of the great Pioneer, that 
he won golden opinions from all who observed him that day.^" 

19. Deseret News — Weekly — of Oct. 12th, 1871, p. 436. Formal Exception was 
taken by President Young's Council to the prejudice-creating effect of the passage. 
See signed communication in the court record, and Deseret News — Weekly — of Oct. 
i8th, 1871. 

20. The Salt Lake Tribune, notwithstanding its anti-Mormon bitterness, and 
the fact that it was backing with all its might the proceedings of the anti-Mormon 
"ring" of Utah, could not withhold its praise. In an editorial commenting on the 
court procedure of the day before under the title, "Brigham Young in Court," the 


All the parties arrested at this time were admitted to bail in 
the sum of $5,000 each; and President Young, as had become 
his custom in late years took his departure for St. George on 
the 24th of October, to spend the winter; but it was soon re- 
ported, and much discussed through the press of the country 
at the time, that he had ''fled from justice." Meantime the 
President was filling a rather extensive itinerary in the set- 
tlements of the Rio Virgin valley, holding many public meetings 
and enjoying the friendship and hospitality of the people, of 
which he wrote to Elder George Reynolds under date of De- 
cember 11th, 1870.-^ 

Tribune said: "It was a decidedly novel spectacle yesterday afternoon to see the 
'Lion of the Lord' sitting in the court room waiting for the coming of his earthly 
Judge to try him. * * * There can be no doubt that the President of the 
Church of Jesus Christ of Latter-day Saints made several very good points yes- 
terday. His being there a quarter of an hour before Judge McKean, patiently 
waiting his coming, was very wisely arranged, and looked well on an occasion 
which opens a series of circumstances destined to form a chapter of history. His 
appearance in court, too, his quietude, and an altogether seeming absence of a 
spirit chafing with rage at being brought to trial, evidently made a good impression. 
If there was any malice against him before, the sight of Brigham Young, at least 
practically acknowledging the authority of the United States to try him, even for 
the highest crimes known in the law, and the respectful bearing which he put on, 
disarmed much of that malice. The moral effect of Brigham's appearance and the 
conviction of innocence which it produced, brought Major Hempstead to his de- 
fense, and he plead very powerfully in his behalf, occasionally throwing a spice of 
wit at the prosecution. The editor of the I'ideitc, who sought years ago to 're- 
construct and regenerate' Bro. Brigham, yesterday afternoon eloquently objected 
to the proposition to reconstruct and regenerate the Prophet and urged the indict- 
ment should be quashed. It is evident that President Young's thus coming into 
court, and his resolution to abide every trial, and contest the charges brought 
against him constitutionally, through his counsel, was the very wisest course he- 
could have taken. It will divide people in his favor and bring many of the Gen- 
tiles to the help of Israel even as it has already brought two of their lawyers to- 
the defense of the Prophet. Perhaps there was more respect and sympathy felt 
for Brigham Young, when he left the court-room, feeble and tottering from his 
recent sickness, having respectfully sat in the presence of his judge three-quarters 
of an hour, after bail had been taken, than ever there was before in the minds of" 
the same men." 

21. See Mill. Star, Vol. XXXIV, p. 28. The arrest of President Young in any 
event would have created a sensation throughout the United States; but the mis- 
representations attendant upon its announcement greatly intensified the sensation. 
For example, following are the scare head lines in the New York Herald of Oct. ist, 
telegraphed from Salt Lake City by Oscar S. Sawyer, managing Editor of the 
Salt Lake Tribune. It is to be observed that since these scare head lines appear in- 
the New York Herald on the first of October, a day before the arrest of Brigham 
Young, the Tribune managing Editor was evidently in the confidence of the prose- 
cution as to the intended arrest of Brigham Young: 


"On several charges, and it is also said that he is likely to be tried the coming 
week on one of the indictments. 


"The sale of muskets and ammunition continues, and it is reported that more 
arms than those bought at the recent government auction sale at Camp Douglas have- 
been disposed of. 


Quite unexpectedly, on the 20th of November, the very day 
on which President Young started on his journey to the south- 
ern settlements the prosecution called up the case of ^ ' The Peo- 
ple vs. Brigham Young," Mr. Baskin saying that the prosecu- 
tion was ready to proceed with the case. Defense asked for a 
postponement of the case to the March term '' according to pre- 
vious expectation." Mr. Baskin stated that from public ru- 
mor it was known that the defendant had gone outside the 
jurisdiction of the court and he should demand a showing and 
a forfeiture of his bond in case of his non-appearance. Mr. 
Hempstead, counsel for President Young, would be ready for 
trial whenever the court should set down the case. With the 
understanding of his counsel that a reasonable time would be 
granted for trial, the defendant had taken his usual winter 
journey to the south for the protection of his health against the 
severity of the climate. Mr. Baskin rebuked the counsel for 
so advising the defendant. Seven days later the court again 
took up the case, the prosecution insisting that they were en- 
titled to the forfeiture of the bond; and the counsel for the 
defense asking that a reasonable time be given to bring defen- 
dant into court. Mr. Hempstead charged, though in negative 
form, that the prosecution by insisting upon the forfeiture of 
the bond only did it for the purpose of having it heralded abroad 
that Brigham Young had forfeited his bail and fled from jus- 
tice. If the case could not be postponed until the March term 
then the defense would ask for a day to be set as far in advance 
as possible. The court refused to declare the bond forfeited, 
hut set the day of trial one iveek from that time— from, the 27th 
of November, to the 4th of December. As it was practically 
impossible for the defendant to be brought from St. George 
by that time, the bond for all practical uses might as well 


"The feeling of the Mormon people, as reflected by the church organs, th^ 
News and Herald, is unmistakably rebellious and warlike. The News, the official 
organ for Brigham Young, is extremely bitter and offensive. It advocates 

"Libels United States officials, and endeavors in every zvay to incite the people 
to open rebellion. Under tJicse influences v'lany persons are sending off their wives 
and children to points where there will be no danger. The church organs are do- 
ing everything in their pozver to fire the Mormon heart, and the result cannot but 
be disastrous if the fanatical element is once aroused and fully loosed." 


have been declared forfeited. It was in vain that counsel for 
the defense pleaded the impossibility of having defendant in 
court by that time, and asked for two weeks instead of one. 
The court's answer to such pleading was "the day of the trial 
has been fixed for a week from today." 

Meantime things had been happening elsewhere. That after- 
noon when Judge McKean overruled the motion to quash the 
indictment against Brigham Young, and announced that a sys- 
tem was on trial in the person of Brigham Young, United 
States Senator, Oliver P. Morton, of Indiana, and his party, 
which included the Editor of the Indianapolis Journal, Mr. 
Fishback, the Senator's social and political friend, were 
present. Under date of October 12th, and headed, "On The 
Pacific Road," Mr. Fishback wrote in his Journal the impres- 
sions upon the party of the McKean Court proceedings as they 
witnessed them on the aforesaid afternoon. Excerpts follow: 

''After a full and free conference with the leading Mormons, 
Federal officers and business men of Salt Lake City, we predict 
that a dreadful civil war will soon be raging in this fertile 
region, resulting in the loss of thousands of lives, the expendi- 
ture of millions of public treasure, and the complete devastation 
of one of the most beautiful and thriving regions on the con- 
tinent, unless the administration interferes with the schemes of 
the petty lords of misrule, who are doing their utmost to bring 
it about. 

''It is unfortunate for the nation that it is in the power of 
such men as Judge McKean and the deputy district attorneys, 
Maxwell and Baskin, to precipitate a collision between the Fed- 
eral authorities and the Mormons, in a contest in which the gov- 
ernment occupies a false and untenable position. . . . 

"We are convinced that the pending prosecutions are con- 
ceived in folly, conducted in violation of law, and with an utter 
recklessness as to the grave results that must necessarily en- 
sue. How does the matter stand? There is a vacancy in the 
office of United States district attorney for the Territory of 
Utah. Judge McKean has appointed two lawyers, Maxwell and 
Baskin, to act as deputies. These deputies boast that they have 
instigated the prosecution and assume great credit for the disin- 
genuous trickery by which they hope to force a conflict whose 
consequences they have not the capacity to measure or under- 
stand. It is much to the credit of President Grant's adminis- 


tration that these deputy prosecutors arrogate to themselves the 
entire credit of conceiving the disreputable trick to which they 
have resorted to effect their purpose. "^^ 

The Journal's ''Editorial Correspondence" was widely quot- 
ed in the east, and did much to modify public opinion and call a 
halt upon the prevailing radicalism. It is also to be noted that 
in the consideration of Utah questions as they arose in the U.. 
S. Senate, in the following session of Congress, Senator 
Morton, together with Senator Lyman Trumbull exerted their 
influence on the side of conservatism in dealing with Utah 

Early in November, Geo. C. Bates was appointed by Presi- 
dent Grant to be U. S. district Attorney for Utah, succeeding 
the unlawfully, but McKean— appointed R. N. Baskin. He ar- 
rived in Salt Lake City on the 30th of the same month. On the 
4th of December, the day set for the trial of Brigham Young, 
and the defendant not being present in court, Mr. Bates moved 
the forfeiture of the bonds, the defense, of course, protesting, 
Judge McKean refused to grant the motion to forfeit the bond 
and adjourned the court to the 9th of January, but not before 
Mr. Bates had served notice that on that date he would call up 
the case of the People vs. Brigham Young, and press it for 

President Young, while visiting the settlements in the Rio 
Virgin Valley, had of course been kept informed relative to 
the progress of things in the north, and the question arose a& 
to the wisdom of his returning to Salt Lake City to face his 
enemies, for it was known, as will appear presently, that more 
formidable charges were to be met than the silly one of ''las- 
civious cohabitation." There was a general feeling among the 
brethren that it would be best for him not to return to fall inta 
the hands of his enemies, but the impression of the spirit upon 
President Young's mind was that it would be best for him to 
return, and accordingly preparations were made, and on the 

22. The Letter is published in full in Deseret News — Weekly — of Nov. 8th> 
p. 464. 

23. See Congressional Record of 1872, passim. 

25. The minutes of the court's session are given in full in Deseret News — 
Weekly— of Dec. 6th, 1871, p. 515. 


evening of the 17th of December (Sunday) after holding public 
meetings in St. George, the northward journey was begun.^^ 
The second day's journey brought them to Kannarrah, in Iron 
county. Here they met the veteran life guard of the Prophet 
Joseph Smith, John D. Parker, "who wept like a child be- 
cause President Young was going back to face his enemies in 
the court room, which he considered an act of madness." "This 
feeling was very general with all the people the party con- 
versed with as they passed through the southern country," 
says the journal of the party; "but President Young told the 
people that God would overrule all for the best good of 

At Cedar on the 20th of December the President's party was 
met by Grin P. Rockwell, Joseph A. Young, son of President 
Young, Orson Arnold — the one man wounded in the "Echo 
Canon War,"— it will be remembered; he came to act as Presi- 
dent I'oung's teamster. Beaver was made by the 21st, and 
up to this time the weather had been mild. It was the inten- 
tion of the party to make an evening drive to Cove Fort, but 
as the teams were being set to the vehicles a blinding snow 
storm came on and the drive was abandoned. This proved 
fortunate, as Elder Musser who went on in the evening with 
the Peoche coach had to walk all the way facing a storm. Sev- 
eral times they lost the road. General Connor was a passen- 
ger on the coach, he expressed himself strongly against the 
prosecution of Brigham Young, and offered to sign bonds to 
the extent of $100,000 in favor of Brigham Young if he could 
be admitted to bail.^® 

26. Hist, of Brigham Young, Ms. 1871, Vol. II, p. 2051. President Young was 
accompanied by his first counselor, Geo. A. Smith, William Rossiter — "telegraph 
operator" — R. T. Burton, Charles and A. F. McDonald, John Henry Smith, Amelia 
Young, and Bathsheba W. Smith, wife of Geo. A. Smith. (Id). 

27. Ibid, p. 2076. It is common knowledge to those who were closely asso- 
ciated with President Young in his career that he was greatly influenced, and often 
against his own judgment, by what he called "the Light" ; doubtless the inspiration 
of God to his mind. H^ would say when matters were up for consideration, 
"Brethren, the Light says so and so," which was generally the end of argument. 
So now on this question of his returning to face his enemies, he had said "The 
Light says, Brigham, return." The application of this guiding principle in the 
present instance is made upon the statement of William R. Smith, President of 
the Davis Stakes of Zion, to the author. President Young having related his ex- 
perience in the above instance to Mr. Smith. 

28. Jbid., History of Brigham Young, Ms. 1871, Vol. II, pp. 2101-2. 


The next day the President's party drove to Cove Fort. 
About a foot of snow had fallen in Wild Cat pass, and in Pine 
Valley Mountains. Telegraph wires were down. At Cove Fort 
the party was joined by Culbert King and five others from Mil- 
lard county, bringing fresh horses to break the road through 
the snow if needed. En route to Fillmore,— the old Terri- 
torial Capital,— '* through Dog Valley, the storm was so fierce 
as to render it very difficult to see the animals or keep the 
road. Luckily, however, the wind was from the south; roads 
extremely muddy. ' ' The party learned at Fillmore that it had 
taken the stage 29 hours from Fillmore to Nephi— 62 miles. 
Telegraph line was interrupted north of Nephi.^^ 

At Eound Valley the party picked up telegraphic communi- 
cation with Salt Lake City, ^'ascertained the coast was clear; 
roads ahead muddy. Several brethren accompanied us tempo- 
rarily supplying the places of some of the weaker animals with 
their fresh horses. President Young's horses were led."^° 

On the 26tli President Young left the rest of his party and 
started from Nephi at 6.30 a. m., riding with Bishop John Sharp 
in an open buggy. The Bishop had joined the party at Nephi. 
They faced a severe storm from Nephi to Payson, in Utah 
county ; thence drove to Provo ; and later to Draper the ter- 
minus, at that time, of the Utah Southern Railroad. Here 
they were met by Daniel H. Wells and others, with a special 
train, which carried them to Salt Lake City, arriving at about 
11.45 p. m. on the 26th of December.^^ Such the journey of 
350 miles in mid-winter, which Utah's great Pioneer made at 
the age of seventy-one to face his enemies in a United States 

It was not to meet the petty charge of "lascivious cohabita- 
tion" that this journey of President Young's was made; but, 
as already suggested, he had learned that there existed a more 
serious charge against him, that of "murder." In the pre- 
vious November he had been jointly indicted with D. H. Wells, 
Mayor of Salt Lake City, and others, for the ''murder" of one 
Yates, during the "Echo Canon War." Mayor Wells, Hosea 

29. Journal of the Party. Ibid, 2120. 

30. Joumal of the President's Party, Ibid., p. 2153. 

31. Journal of the Party. Ibid., p. 2158. 


Stout, formerly Attorney General of the Territory, and W. H. 
Kimball, had been arrested on the 28th of October, on the same 
charge. The Mayor was sent a prisoner to Camp Douglas, 
where he was in charge of General Morrow.^^ Two days later 
he was admitted to bail in the sum of $50,000. The prosecution 
resisted the Mayor being admitted to bail, but to the surprise 
of the other officers of the court, and the large audience in 
attendance, Judge McKean admitted the Mayor to bail; and 
when the prosecuting attorney insisted on $500,000 as the bond, 
the court sharply answered— "No, the defendant will give bail 
in the sum of $50,000. ' '^^ The other parties to the alleged crime 
were not admitted to bail. 

Acting U. S. District Attorney Baskin planned the indict- 
ment and arrest of Brigham Young on this charge of murder, 
on the strength of the confessions of the notorious ''Bill" Hick- 
man who had confessed to some eighteen or twenty murders.^* 
In his recently published Reminiscences^^ Mr. Baskin states 
that some time before his appointment by Judge McKean, he 
had private interviews with Hickman, for whom warrants of 
arrest were out, and who, to him, made confession of a num- 
ber of murders. Hickman at the request of Mr. Baskin con- 
sented to go before the grand jury, and Baskin handed to Ma- 
jor Hempstead the statement of the self-confessed murderer, 
with the announcement that Hickman was ready to go before 

32. It was only over Sunday, however, that he was detained at the Camp, 
where he was more the guest of General Morrow than his prisoner, "at whose ta- 
ble he ate with the General and Mrs. Morrow, at whose respectful request the 
honored prisoner asked a blessing over the food." Hist, of Salt Lake City, p. 546. 

3S. The announcement by the Judge that the prisoner [Wells] would be admitted 
to bail brought forth hearty applause in the court room for nobody supposed 
that bail would be allowed in any sum. Indeed the counsel for the defense thought 
it useless to make the application for it. "It was Mayor Wells himself who prompt- 
ed Mr. Fitch to apply to the Court of Judge McKean for a writ of habeas 
corpus to be brought before the court to be held to bail. Mr. Fitch said it would be 
in vain ; Judge McKean would not grant the bail ; but the Mayor persisted in the 
inward prompting that "the Lord ivould interpose" and thus spurred by the faith 
and judgment of the prisoner, counsellor Fitch sat down Saturday night and all 
day Sunday to his work and prepared one of the most masterly efforts of his life, 
which, strange to say. Judge McKean prevented in its delivery by granting the bail. 
The applause in the court room was as genuine as the surprise was great, from non- 
Mormons as well as Mormons." (Hist. Salt Lake City, p. 545)- 

34. See Beadle's "Brigham Young's Destroying Angel, Being the Life, and 
Confession of 'Bill' Hickman" — 1872. 

35. Reminiscences of Early Utah by R. N. Baskin, Ex-chief Justice of the 
supreme court of Utah, June, 1914. 


the grand juiy.^^ It was at this point that Hempstead re- 
signed and Baskin was appointed by McKean to fill the va- 
cancy.3" Becoming acting U. S. district attorney Mr. Baskin 
had the opportunity of doing what he had urged upon his pre- 
decessor to do, and hence the indictments for murder against 
Brigham Young et al., upon the confessions of Hickman, with 
alleged ''statements of other persons to me [i. e. Baskin, which 
nowhere appear] tended to corroborate his confessions."^''' 
This as well as the cases of "lewd and lascivious cohabitation" 
was Mr. Baskin 's work.^^ 

He knew that the indictment of Brigham Young would cause 
great excitement, and if a "collision occurred it would be at 
the time Brigham was arrested on the charge of murder." "To 
meet such a contingency," he writes, "the United States Mar- 
shal had appointed about one hundred deputies, most of whom 
had been soldiers in the civil war, and General De Trobriand, 
commander of Camp Douglas had been ordered to furnish upon 
the request of the Governor a posse of soldiers to aid the Mar- 
shal. "^^ 

Finally the coup de main in the arrest of Brigham Young on 
the charge of murder was ordered for Monday the 20th of No- 
vember, but President Y'oung by that time was in St. George, 
and the coup de main was a failure.*^ 

It was this failure of the coup that was the cause of the irasci- 
bility of the acting district attorney when he called up the case 
of "lascivious cohabitation" against Brigham Young on the 
20th of November, and insisted upon the forfeiture of his bond. 

2,(). Baskin's Reminiscences, pp. 36, ^7. 

37. Ibid, pp. 37-38. 

38. Ibid., p. 37- . 

39. The matter of securing troops to aid in these arrests evidently went beyond 
Camp Douglas. A press dispatch from Washington, under date of Oct. 31st, said: 
"At the cabinet meeting to-day the subject of the Utah prosecutions was considered 
and it was determined that if necessary more troops will be sent to that Territory. 
It is known that some of the Federal officers asked for troops to aid in making 
arrests, but this was considered to be inexpedient, unless resistance should render 
additional force necessary." See Descrct News of Nov. ist, 1871. 

40. Mr. Baskin represents that it was the Sunday night previous to his planned 
coup that President Young secretly left Salt Lake City (see Reminiscences p. 55), 
where as the President's Letter to Elder Reynolds, written from St. George on the 
lith of December, shows that previous to the 20th of November there had been an 
extensive itinerarv performed along the line of settlements on the Rio Virgin. 
(See Mill. Star, Vol. XXXIV, p. 28). 


He had been defeated in his larger plot against the man he had 
chosen for his judicial victim. 

It was a dramatic incident when in the afternoon of the 2nd 
of January, 1872, Brigham Young accompanied by his coun- 
sel, Messrs. Hempstead, Fitch, et al., and a large number of 
friends, walked into the court presided over by Judge McKean. 
His application through counsel for admission to bail was being 
considered when he and his friends entered the court room. A 
certificate of Dr. W. F. Anderson, stating that he was the at- 
tending physician of Brigham Young, and that confinement 
would in all probability prove fatal to him in the present feeble 
state of his health, and at 71 years of age, was read. The new 
prosecuting attorney, Mr. Bates, made no objection to bail being 
allowed. Mr. Baskin by now had been eliminated,'*^ hence Mr. 
Bates could say, as he did say, that "he stood there as the sole 
representative of the United States in this motion. He held 
that it was left to the discretion of the court as to whether bail 
be granted or not ; bail, however, had been granted in instances 
"equally important with this case," and the district attorney re- 
ferred to the cases of Aaron Burr, and Jefferson Davis. But if 
bail were granted, he should demand that it be in the sum of 
$500,000. The judge declined to admit the defendant to bail ; but 
granted him the privilege of selecting one of his own houses, and 
placing it at the disposal of the U. S. Marshal, if he should so 
elect, and defendant might be detained there under custody of 
the marshal until the time of trial.'*- And this was done. 

In addition to the arrests already noted during this period, 
and under Baskin-Maxwell's excessive activity, a number of oth- 
ers, including some of the city offices,— Alexander Burt, chief 
of police, and B. Y. Hampton, one of the force, being among the 
number,— were arrested on a charge connecting them with the 
J. King Robinson murder. They were detained in the city prison 
at first, but afterward were removed to Camp Douglas. Ac- 
cording to the statement of Mr. Bates published by the N. Y. 

41. Although Mr. Baskin became the assistant district attorney by appoint- 
ment from Washington, it soon l)ecame apparent that tlie cUstrict attorney and his 
assistant were not in harmony with each other, and Mr. Baskin resigned. Remin- 
iscences, p. 57. 

42. Proceedings of the court in this case are published in Deseret News — 
Weekly— of Jan. loth, 1872, p. 599. 


Herald Washington Correspondent, under date of January 25th, 
about twenty prisoners were confined at Camp Douglas, at great 
expense to the government.^^ Meantime the judicial crusade 
was meeting with insurmountable difficulties. The Judges in 
Utah had declared the district courts to be United States courts, 
as well when trying cases under Territorial statutes as 
when trying cases under federal statutes, and the United 
States a party to the cause; and that the proper of- 
ficers of such courts were always the United States district 
attorney and the U. S. Marshal. The department of justice at 
Washington, however, did not take this view of the case, and 
when the bills for expense of these "United States courts" and 
their "officers" were presented, they were not allowed."*^ 

Congress was appealed to, and asked to make a special appro- 
priation to cover the expense of these courts, but congress is 
slow in such matters.^^ United States marshal, Mr. Patrick, ap- 
plied personally to the Territorial auditor, William Clayton, 
for funds with which to pay court expenses, but that function- 
ary after applying in writing to the attorney general of the Ter- 
ritory for instructions received a written opinion in which law 
authorities are cited at length to show that the Territorial mar- 
shal alone was authorized to draw the warrants for these ex- 
penses, and his authority to do that limited to the expenses of 
Territorial courts. The author answered accordingly.^*^ The in- 
debtedness of the courts by this time amounted to $15,000; the 
greater part of which, owing to the anti-Mormon zeal of the U. 
S. marshal, Mr. M. T. Patrick, had been advanced by him. The 
rest was due to jurors and witnesses.*^''^ 

43. The Herald article is copied into Dcseret Nczvs of Feb. 21, 1872. 

44. "The United States comptroller," said district attorney Bates, in a letter 
to Senator Lyman Trumbull, (Dec. 30th, 1871) "disregarding the ruling of our su- 
preme court here |Utah] decides that all these offen.^cs arc against Territorial laws, 
to be punished only in Territorial courts, by Territorial officers thereof, and that 
the United States treasury must not and shall not pay a penny of these costs. The 
result of which is that all jurors and witnesses' fees and contingent expenses of 
these courts for the last year arc unpaid, and there is not now a cent to pay them 
either for the past or future." (Copied in Deseret Xezcs of Jan. 17th, 1872). 

45. The whole correspondence and opinion as submitted to the legislature is 
published in Deseret Xezcs — Weekly — of Feb. 7th. 1872. 

46. This whole matter with the official correspondence between Mr. Bates and 
the department of justice, was by him, early in January, brought into the third dis- 
trict court, presented and made part of the court record. It is published in full in 
Deseret News — Weekly — of Jan. 17th, 1872. 

46H. Ibid. 


The only Territorial officer authorized to direct the payment 
of court expenses— Territorial marshal— the federal judges had 
ruled out of existence;*^ and the Territorial legislature could 
not be expected to pay the expenses of courts and their officers, 
when the federal judges in their decisions had annihilated 
them.^^ A deadlock therefore had been brought about by the 
over-smartness of the federal crusaders, and Mr. Bates was 
compelled to ask,— the U. S. Attorney General at Washington di- 
recting him to do so— for a continuance of the twenty odd cases 
then pending, to the March term, by which time it was hoped 
congress would have provided the necessary means for carry- 
ing on these prosecutions.^'^ In the preceding March term Judge 
McKean had been compelled to dismiss the grand and petit 
juries for the reason that there was no way in which payment 
of their per diem allowance could be made; and at the same 
time he stated that there was then on the docket of his court, 
''awaiting trial, civil cases involving millions of dollars. "^<^ 
To such a pass had the cunningly planned judicial crusade 
brought civil and criminal affairs in Utah. 

47. See letter of John D. T. McAllister, Territorial marshal, under date of 
March 14, 1871. Judge McKean in an address to the grand jury had said: "The 
high priesthood of the so-called Church of Jesus Christ of Latter-day Saints who 
control the assembly, and all the officers of, or who are elected by, the assembly, re- 
fuse to permit the expenses of the U. S. courts to be paid unless they are allowed 
to control those courts." Marshal McAllister in the letter above cited answered: 
"I alone have refused the funds for the payment of U. S. oiificers and expenses of 
the courts when doing U. S. business. If his honor wants to hold courts for Terri- 
torial business he should order venires to be placed in my hands. I then will sum- 
mon, according to law, by drawing from the ballot box of each county the names of 
jurors certified to by the clerk of the county; such jurors so drawn, lawful good, 
and true men, can get their per diem, and the expenses of the courts paid." The 
marshal also said that he had always had funds— had then— to pay the expenses of 
the district courts for the Territory, and the assembly "allowed all my bills for 
J869, something over four thousand six hundred dollars." Sec Deserct News— 
Weekly— <jf March 22. 1871, both for the Judge's address to the jury and the mar- 
shal's letter. , , , , i 

48. The U. S. district attorney, Mr. Bates, expressed the hope, however, when 
describing the state of things judicial in Utah— and this in open court— that "the 
Territorial legislature which meets today, will sec the propriety c>n their own part, 
of providing funds in order that their leaders may be vindicated if unjustly ac- 
cused, and puni.shed if guiltv. of the high crimes charged against them." Ibid. 
The legislature remained obdurate to this and all other appeals upon the subject. 

49. 'i'he court proceedings in these matters will be found m Deserct Nezi's of 
Jan. 17, 1872. 

50. Judge McKean's address to the grand and petit jurors was a very bitter 
document, and fairlv hisses with the malice and hatred this Judge bore to the 
Church of the Latter-day Saints. AH the embarrassment and hindr.-ince to the 
"crusaders" against "Mormon Theocracy," he charges to the "High priesthood of 
the so-called church of Jesus Christ of Latter-day Saints." The address is given m 
full in Deseret News — Weekly— of March 22nd, 1871. 


District Attorney Bates at the request of the U. S. Attorney 
at Washington, went to the capital to advise the department of 
justice with respect to conditions prevailing in Utah. 

Soon after his arrival in Washington, and after communica- 
tion with the attorney general, and by the latter 's direction, U. 
S. district attorney Bates telegraphed to his deputy, James 
L. High, to move the third district court to admit to bail all 
the i3risoners under arrest, and awaiting trial. Mr. High, re- 
lying on this authority, which he produced before the judge 
in chambers, made the motion for bail in each case,— including, 
of course, President Young's. ' * In behalf of the government, and 
in the name of the attorney general of the United States," said 
he, "I make this motion." The answer of the judge was— '^I 
refuse to admit these prisoners to bail." In his ruling he 
declared that the granting of bail in these cases would estab- 
lish a dangerous precedent ; that there were reasons which could 
not *'be made public why these prisoners could not be admitted 
to bail, ' ' and which he held Mr. Bates could not have communi- 
cated to the attorney general. Indeed the judge openly and 
from the bench accused Mr. Bates with having made '^ serious 
misstatements," in other particulars, in regard to affairs in 
Utah. "I am placed here to decide under the laws all judicial 
questions that shall arise in this district court," said the judge, 
''and were I now to shrink, or swerve from a plain duty, it is 
not imi^robable that the irresponsible magistrate called Mudge 
Lynch' would assume the seat which I would thereby have proved 
myself unworthy to hold."^^ It is evident that the Judge thought 
his position an heroic one. 

It was doubtless such representations as the one in the above 
paragraph, supplemented as they were by the influence which 
Rev. Newman still had with President Grant that led to the re- 
quest for the resignation of attorney Bates ; a request which that 
gentleman refused to comply with, however, on the ground that 
there were no charges brought against him.^^ 

52. The proceedings in chambers are published in full with the ruling in 
Deseret News — Weekly — of Feb. nth, p. 9. 

53. '"In this connection," said a Chicago dispatch of March nth, to the Salt 
Lake Daily Herald, "it may be stated that Dr. Newman had an interview recently 
with the President ; wherein the latter was urged to persist in the prosecution of 
the Mormons, as the country would not endorse any compromise with the anoma- 


Such were the conditions in Utah, judicially, when there came 
over the wires from Washington the message that the Supreme 
court of the United States had reversed the decision of the Su- 
preme court of Utah in the Engelbrecht case. The dispatch 
thus summarized the decision: 

"Jury unlawfully drawn: summonses invalid; proceedings or- 
dered dismissed. Decision unanimous. All indictments 
quashed. "^"^ 

The effect of the decision in Utah, though tremendous, was 
unattended by any excitement, or extravagant conduct what- 
ever, the press dispatches of the period to the contrary not- 
withstanding.^5 A great relief came to the Territory, and to 

lous condition of affairs in Utah. Dr. Newman ended by stating that Bates' resigna- 
tion should be demanded both as a matter of policy and justice." 

54. The decision was written by Mr. Chief Justice Chase and will be found 
in 13 Wallace Reports, pp. 659-63. The New York Tribune thus summarized the 
effect of the Supreme Court's decision : "The effect of this decision is to make 
void all criminal proceedings in the Territorial court of Utah during the past year, 
[eighteen months] and render necessary the immediate discharge of 138 prisoners 
who have been illegally held, at an expense of from $40,000 to $50,000, which there 
is no law to provide the payment of, and to affect in the same way all civil cases in 
which exceptions were taken to the legality of the juries. It is said that 20 or 30 
of these civil cases have been appealed to the Supreme Court. The decision is con- 
sidered as very damaging to the National Administration, as Judge McKean was 
supported in the course he took by the President, though Attorney-General Wil- 
liams was always of opinion that the proceedings in Utah were illegal. The prose- 
cution of the Mormons was known to be a distinctively administration measure, set 
on foot by the advice of the Rev. Dr. J. P. Newman, after his return from Salt 
Lake, where he went to discuss polygamy with some of the prominent Saints." 
(Copied into Mill. Star, Vol. XXXIV, pp. 297-8). 

"After the Englebrecht case was reversed, it was again tried and the plaintiff 
recovered a judgment. And as it was doubtful whether even the original cost of 
the liquor could be obtained on execution, the plaintiff accepted the offer of the de- 
fendant's attorney to pay the original cost of the property destroyed. That amount 
($20,000) was paid by money taken from, the city treasury" (Baskin's Reminiscences, 

P- 35). 

55. On April 20th, to counteract the lying press dispatches sent out from Salt 
Lake City reporting great excitement, and representing that the "Mormons were 
turbulent and threatening," nine prominent non-Mormons in business and profes- 
sional life joined in a dispatch to Delegate Hooper at Washington declaring there 
had been no excitement over the decision of the Supreme court. "As all the citizens 
here know the aim of the press agent is to create excitement, or make it appear to 
exist, to provoke congressional action." Then the signatures. Shortly after this, 
special telegrams were sent to the San Francisco Chronicle and the New York Her- 
ald, from the crusaders, representing that the excitement in Salt Lake City was 
great, "bloodshed is imminent," etc. This brought forth a joint telegram signed 
by twenty-seven prominent Gentiles, among whom were "Warren Hussey, First 
National Bank; Thco. F. Tracy, Agt. Wells Fargo; B. M. DuRill, Pres., Salt Lake 
City National Bank ; "saying that the aforesaid dispatches to the Herald and Chron- 
xle were not true; and in addition affirming that "life and property are to-day as 


the Latter-day Saints especially. All the evil and malicious 
schemes of the crusaders against ''Mormon Theocracy" dur- 
ing the past two years were overthrown. The right of an Amer- 
ican community to something like local self-government under 
the constitution, and the organic act, and the laws was main- 
tained. They were not to be the helpless victims of scheming 
adventurers and worn out political hacks sent into their midst 
as federal officers. The taunts of the latter and their jeers were 
at an end; their whole course was now decided to have been 

At first there seems to have been a very frank willingness on 
the part of the Utah federal officials to accept the consequences 
of the Supreme court's decision as affecting the release of pris- 
oners. "Upon receipt of a certified copy of the decision of the 
Supreme Court," wrote Mr. James L. High, assistant U. S. at- 
torney for Utah to Judge Z. Snow, attorney general of the Ter- 
ritory, "I shall move the immediate discharge of all prisoners 
now in the custody of the U. S. marshal in this district. "^'^ 
There seems, however, to have been some delay in carrying 
out this plan, and Brigham Young sought release by writ of 
habeas corpus before Elias Smith, probate judge of Salt Lake 
county; and on the 25th of April the court ordered his re- 
lease.^^ For some time the court's favorable decision in Utah 
had been anticipated. It was expected that it would be deliv- 

secure in Utah as in any state or Territory in the Union. * * * It is matter of 
deep regret amongst all classes of business men in this Territory, that the special 
dispatches sent from this city to the East are for the most part inaccurate and in- 
tensely irrational." Both dispatches here referred to with the signatures will be 
found in Descrct Nczvs — Weekly — the first in the impression of May ist, p. 178; the 
second, in May 8th, p. 188. 

56. The comments of the press in condemnation of the course of Judge Mc- 
Kean and suggesting and demanding his release would make a volume. The Oma- 
ha Herald, which throughout had condemned the Anti-Mormon regime, and stood 
up for the rights of the Latter-day Saints in Utah, could now indulge a little rail- 
lery on the change which had come over the press of the country : "It would be 
amusing if it were not so utterly ridiculous and absurd, to see Chicago, and other 
papers, now that the highest tribunal in the land has exposed the wicked conspira- 
cies and infamies of McKean & Co., in Utah, clamoring for his removal. After do- 
ing all they could to egg him on in his lawless course, now that he is crushed they 
affect the most empty indignation over his past course and present discomfiture." — 
Omaha Herald, copied into Deseret News — Weekly — of April 24th, 1872, p. 153. 

57. The Assist. Attorney's Letter and Judge Snow's answer will be found in 
Deseret News of May ist, 1872. 

58. The Court record of the case is published in Deseret News — Weekly — 
of May 1st, 1872. The other prisoners, held at Camp Douglas, were released by ac- 
tion of the third district court five days later. (Id.) 


ered soon enough to bring about the release of President Young 
in time for him to attend, as a free man, the annual conference 
which began on the 6th of April. The conference was con- 
tinued until the 9th, but the hoped-for decision was not made. 
An adjournment was taken to Sunday the 14th. The de- 
cision was not yet announced and adjournment was taken 
to Sunday the 21st. By this time the joyful announce- 
ment of the decision was made, but the prisoners were 
not immediately released, as had been the hope of the 
Saints in the event of a reversal of the Utah court. Oh, ''the 
laws ' delays ! ' ' Oh, ' ' the insolence of office ! ' ' The conference 
adjourned to meet on the 28th, then came the release by writ of 
habeas corpus, and the attendance of President Young at both 
the morning and afternoon sessions of the conference.^^ In the 
morning he exchanged greetings and carried on a colloquy with 
the congregation, which responded as with one voice f^ and at the 

59. President Geo. A. Smith said "he had fully determined to adjourn con- 
ference from one Sunday to another until President Young could attend, if it had 
to be prolonged until next October. See minutes of conference in Deseret News — 
Weekly — of May 21st, 1872. 

60. When President Young was seen on the stand it was to "the great joy of 
the Saints, many of whom had come from various distant parts of the Territory, 
that they might have the pleasure of seeing him and hearing his voice." This was 
his salutation: "A word to the Latter-day Saints: Good morning. (Congregation 
responded, "Good morning"). How do you do? (Congregation replied, "Very 
well"). How is your faith this morning? ("Strong in the Lord," was the response.) 
How do you think I look after my long confinement? (Congregation replied "First 
rate"). I do not rise expecting to preach a discourse or sermon, or to lengthen out 
remarks, but I will say a few words to you. The gospel of the Son of God is most 
precious. My faith is not weakened in the gospel in the least. I will answer .a 
few of the questions that probably many would like to ask of me. Many would like 
to know how I have felt the past winter, and so much of the spring as is now past. 
I have enjoyed myself exceedingly well. I have been blessed with an opportunity 
to rest ; and you who are acquainted with me and my public speaking can discern 
at once, if you listen closely to my voice, it is weak to what it used to be, and I 
required rest. I feel well in body and better in mind. I have no complaint to 
make, no fault to find, no reflections to cast, for all that has been done has been di- 
rected and over-ruled by the wisdom of Him who knows all things. As to my 
treatment through the winter, it has been very agreeable, very kind. My associate, 
my companion in tribulation [i. e. the officer detailed as his guard], I will say, has 
acted the gentleman as much as any man could. I have not one word, one lisp or 
beat of the heart to complain of him. He has been full of kindness, thoughtful, 
never intruding, always ready to hearken and, I think, in the future, will be per- 
fectly willing to take the counsel of his prisoner. So much for Captain Isaac 
Evans. . . . T have no reflections to cast upon these courts. How much pow- 
er, ability, or oi)pc)rtnnity would I have to possess, do you think, if all were com- 
bined, to disgrace them as they have disgraced themselves? T have neither the 
power nor the ability, consequently T have nothing to say with regard to their 
condtict. It is before the world, it is before llic heavens continually." (Minutes of 
Conference in Deseret Neivs Weekly — of May 1st, 1872. 


end of the afternoon session President Young closed the confer- 
ence with an impressive, impromptu benediction, that, as show- 
ing the spirit and character of the man under the stress through 
which he had just passed, is worthy of place here: 


'^I bless you in the name of Jesus Christ, as Apostles, with 
all that pertains to you; as High Priests, as Seventies, as El- 
ders, as Bishops, as Priests, Teachers and Deacons. I bless 
you in the name of the Lord Jesus Christ. I bless you, my 
brethren and sisters, you that are parents, also the children. I 
bless you as musicians, as a choir to make music for us, and 
those who play on instruments. And I bless you strangers, and 
say unto you, peace be to you, as well as to the Saints, in good 
words, in good actions, in a good life to serve the Lord our 
God. I crave blessings upon the good everywhere, among all 
the nations, kindreds, tongues, peoples, sects and parties, 
wherever the honest and the pure in heart are found. God bless 
them, and I say peace to you from henceforth and for ever. 

6i. Ibid. 




The Colt Family— The Jarvis Family 
Early History of Medicine in New York 
For Conscience Sake. 

By Cornelia Mitchell Parsons 
Historic Views and Reviews 
History of the Mormon Church. Chapter CXII 

By Brigham H. Roberts . 





David I. Nelke, Editor. 

JosiAH Collins Pumpelly, A. M., LL.B., Member Publication 
Committee New York Genealogical and Biographical So- 
ciety, Associate Editor. 

Victor Hugo Duras, D. C. L., M.Diplomacy, Historian of the 
American Group of the Interparliamentary Union of the 
Congress of the United States, Contributing Editor. 

Published by the National Americana Society, 

David I. Nelke, President and Treasurer, 

131 East 23rd Street, 

New York, N. Y. 

Copyright, 1914, by 

The National Americana Society 

Entered at the New York Postoflfice as Second-class Mail Matter 

AH rights reserved. 



November, 1914 
The Colt Family 

BY authentic historical records the lineage of the family 
of Colt is traceable to a very ancient period in both 
England and Scotland. In the Domesday Book, that 
repository of the earliest landed grants after the con- 
quest, mention is made of the lands of Colt and Colton, as com- 
prehended among the possessions of Earl Roger in Stafford- 
shire; while lands in Coltune in the same county were held by 
Robert de Stafford. The family comprises two branches, the 
English and the Scotch, which, while apparently quite distinct 
in later times, were of identical origin. It is with the Scotch 
branch that we are concerned; but the English branch (under 
the various names of Colt, Coult, and Coutts) is always consid- 
ered by genalogists in connection with the Scottish stock. The 
English family is at present represented by the Baronet Colt 
of Leominster, County Hereford.^ This baronetcy was created 
March 2, 1()94, its coat armor being argent, a fesse between 
three colts in full speed, sable. On the other hand, the distinc- 
tive feature of the shield of the Scottish branch is a stag's head. 
It is noteworthy, however, that the arms borne by the late Bar- 
oness Burdett-Coutts of England (a descendant of the Coutts 
Family, which in early times was the same as the Colt) preserve 
the stag's head of the Colts of Scotland, though with some modi- 
fication in the treatment of the shield. 

Johi Colt, ancestor of the Colt Family of America, sprang 
from the Colts "of that Ilk" of Perthshire, Scotland, descend- 
ants of Tliomas Colt or Coutts, who in 1496 had a charter of 
lands in Perthshire, and who according to the family MSS. was 

I. See Bnrke's "Dictionarv of the Peerage and Rriroiu-tage. 



a son of Thomas de Coult of Auchtercoul, Aberdeenshire. At 
the latter place the Colt Family held the barony of Auchtercoul. 

This Thomas de Coult was the grandson of Aleander Colt, 
baron of Auchtercoul, whose estates, however, had been some- 
what curtailed owing to the connection of his father, John de 
Colt, with a political episode of his times, as named in a general 
council held at Perth, March 26, 1392. The last-mentioned John 
de Colt was son of John de Colt, whose name appears in a char- 
ter to lands granted by King David II., bearing date of Edin- 
burgh, June 23, 1367, and who is described by an English genea- 
logical writer as probably descended from William Culte de 
Strathawan, who swore fealty to Edward 11. in 1296 and had the 
lands of Strathavon, Lanarkshire, now a part of the estate of the 
duke of Hamilton. 

From the Perthshire family of Colt *'of that Ilk" sprang the 
Colts of Inverisk. 

The arms at present borne by all families having any connec- 
tion with the Colts ^'of that Ilk" and the Colts of Inverisk are 
Argent, a stag's head erased gules, between the attirings a pheon 
azure ; crest— a dexter naked arm, embowed, holding in the hand 
an arrow in bend sinister, point downward, all proper; motto— 
Transfigam. These arms, empaled with Johnstone, are en- 
graved on a cup of 1598, which belonged to Adam Colt of Inver- 
isk, and in his son's time the same arms were empaled with 
those of other allied families in the wall of Inverisk House. 

JOHN COLT, a member of the Colt Family ''of that Ilk," of 
Perthshire, Scotland came to America in 1636 as a companion of 
the famous Dr. Thomas Hooker, who first ministered to a con 
gregation at Cambridge near Boston, subsequently going to 
Newtown and from there to Hartford, Conn. John Colt was in 
Hartford as early as 1638. He was an active and prominent 
man in his community. In 1665 he took a leading part in rais- 
ing the salary of the Presbyterian minister; he was named as 
appraiser in 1679 and 1680. He married, 1st, Mary Fitch, a 
daughter of Joseph Fitch (who was the ancestor of John Fitch, 


the inventor of the first application of steam in America). His 
second marriage was to Ann Skinner, daughter of Mary (Loom- 
is) Skinner. John Colt died at the age of ninety-five. 

Issue: Sarah, John, Abraham, Joseph, Jonathan, Jabez, and 


CAPTAIN JOHN COLT, second child of the preceding, was 
born at Hartford, Conn., 1658, removed to Lyme, and died Jan- 
uary 2, 1751. Married Mary Lord. 

Issue : Benjamin, Samuel, and three daughters. 


DEACON BENJAMIN COLT, third child of the preceding, 
was born 1698, died October 4, 1754. Married, May 26, 1724, 
Miriam Harris. 

Issue: John, Joseph, Mary, Sarah, Temperance, Harris, Pol- 
ly, Sally, Benjamin, and Peter. 


COLONEL BENJAMIN COLT, ninth child of the preceding, 
was born 1738. He lived in Hadley, Mass. During the Revolu- 
tionary War he joined the army as lieutenant, afterward rising 
to the rank of colonel. He died August 30, 1781. Married, 1761, 
Lucretia Ely of Lyme, Conn. 

Issue : Benjamin, Lucretia, Daniel, Lucretia, Ethelinda, Amy, 
Betsey, Lucretia, Elisha, and Christopher. 


CHRISTOPHER COLT, fourth son of the preceding, was 
born August 30, 1780. He resided at Hartford, and was engaged 
in manufacturing enterprises. Died April 5, 1850. 

Married, 1st, April 4, 1805, Sarah Caldwell, daughter of Ma- 
jor John Caldwell. Her father was for many years one of the 


most prosperous and public-spirited citizens of Hartford, being 
president of the Hartford Bank from its organization in 1792 
until 1819. Christopher Colt married, 2d, March 12, 1823, Oliv- 
ia Sergeant. 

Issue (by his first wife) : Margaret Collier, Sarah Ann, John 
Caldwell, Christopher, Samuel, James Benjamin,^ Mary, and 
Norman Knox; (by his second wife): Rev. William Upson, 
Mary Lucretia, and Olivia Payne. 


COLONEL SAMUEL COLT, fifth child of Christopher and 
Sarah (Caldwell) Colt, was born in Hartford, Conn., July 19, 
1814. His father acquired substantial means in his manufactur- 
ing business, which, in connection with his marriage to the 
daughter of the wealthy merchant. Major John Caldwell, placed 
the family in an affluent position. But owing to heavy losses 
during and after the War of 1812, the fortunes of the family 
were swept away, and Samuel Colt was obliged to enter upon 
the struggle of life without advantages. 

At the age of ten he entered his father 's manufacturing estab- 
lishment at Ware, Mass. After a brief employment there he 
was placed in a boarding-school at Amherst, but, having a youth- 
ful desire for adventure, at the age of thirteen shipped before 
the mast for Calcutta. While on this voyage he made the first 
rough model of the revolver, the famous invention with which 
his name will always be identified. 

Returning home at the end of the voyage, he resumed work in 
the factory at Ware. While thus engaged he became much in- 
terested in the science of chemistry, of which he made a study 
under competent instruction. When eighteen years old he again 
ventured forth into the world, this time as a lecturer on nitrous 
oxide gas, under the name of Dr. Coult, and during the next 
three years he addressed audiences in almost every part of the 
United States. With the resources obtained in his lecturing 

2. Hon. James Benjamin Colt, younger brother of Colonel Samuel Colt, was 
one of the distinguished public men of his times, serving as senator of the United 
States. He was the author of the well-known treatise, "Colt on Government." and 
other works. 


tours he worked steadily to perfect his invention and to pre- 
pare the way for its manufacture upon a practical basis. 

In 1835, having then just attained his majority, he procured a 
patent in Great Britain for his revolver— ''a rotating cylinder 
containing several chambers to be discharged through a single 
barrel." This was followed by a similar patent in the United 
States in 1836, and in the latter year operations for the produc- 
tion of the new weapon were begun at Paterson, N. J., under the 
name of the Patent Arms Manufacturing Company. 

For more than ten years however, the progress made was slow 
and uncertain. Soon after the establishment of the works at 
Paterson efforts were made to interest the United States gov- 
ernment in the weapon, with the discouraging result that two 
boards of army officers, disliking innovations, reported against 
it. During the winter of 1837-8, the Seminole War being then in 
progress, Mr. Colt was at the scene of hostilities in Florida, 
where the revolver was used with great efficiency and received 
the endorsement of many officers of the army. Its value was 
also fully determined in the Texan War for independence. In 
1840 an army board reported unanimously in its favor, but the 
demand was meagre, and in 1842 the Paterson company, unable 
to sustain itself longer, was forced to go out of business. 

The merits of the revolver had become so well established, 
however, that notwithstanding the total suspension of its manu- 
facture, an order for a thousand was given to Colonel Colt in 
1847 by the government at the recommendation of General Tay- 
lor, who desired them for service in the Mexican War. To exe- 
cute the contract Colonel Colt established temporary works at 
Whitneyville, Conn. From this time his career was one of the 
greatest success, hardly paralleled, indeed, in the history of 
American industrial enterprise. Almost instantaneously, as it 
seemed, the demand for his revolver became world-wide, and 
during the next few years the only difficulty experienced was in 
the creation of adequate facilities. To this end he removed his 
plant to Hartford in 1848. The volume of his business constant- 
ly increasing, he purchased an extensive tract in the outskirts of 
that city, upon which he built a mammoth establishment, the 
largest and best-equipped private armory at that time in the 


world. ' ' His constant aim was to reach the most perfect attain- 
able results by the most efficient means. He called around him 
a body of able assistants, who caught his spirit and became en- 
thusiastic co-workers with him. Graduates from the armory, in- 
spired by his love of mechanical excellence, have built for them- 
selves highly successful establishments. These men, some of 
whom became famous industrial chiefs, have won wealth and 
distinction by adhering closely to the methods of their early 
teacher. ' ' 

Aside from the particular invention which has immortalized 
his name. Colonel Colt manifested original and advanced ideas, 
and accomplished noteworthy practical results, in various de- 
partments of inventive activity. It was characteristic of him 
that while a thoroughly accomplished experimentalist, his en- 
ergies were devoted quite exclusively to new devices and im- 
provements which have since proved to be of the greatest prac- 
tical utility. He seems to have had the clearest prevision of the 
changes to be wrought by inventive genius within another gen- 
eration. "In boyhood he began to experiment with submarine 
explosives, and foresaw the future use of the torpedo for harbor 
defense. Later he blew up ships in motion by electric batteries 
controlled from long distances. He urged upon the govern- 
ment the adoption of his system, but was too far ahead of the 
age to win official acceptance of his views. He was also the first 
to devise and lay a submarine electric cable, having thus, in 
1843, connected New Y'ork City with stations on Fire and Coney 
islands." His own colossal enterprise naturally absorbed his 
energies in later years. To this he contemplated giving a much 
wider scope, and at the time of his death was preparing plans 
for the manufacture of cannon on a large scale. 

Colonel Colt made many journeys abroad, and both as one of 
the celebrities of his age, and for his agreeable personal quali- 
ties, was everywhere received with marked honors. In the com- 
munity where he resided, and of which, as the creator of a gigan- 
tic industry, he was one of the most conspicuous benefactors, he 
was held in affection and esteem. 

He died at his residence, "Armsmear," Hartford, January 
10, 1862. 


Colonel Colt married, June 5, 1856, Elizabeth H. Jarvis, eld- 
est daughter of Rev. William and Elizabeth Miller (Hart) Jar- 
vis of Middletown, Conn. Of this union four children were born, 
two sons and two daughters, of whom only one, Caldiuell Hart 
Colt, survived to mature life. 


CALDWELL HART COLT, son of Colonel Samuel and Eliz- 
abeth H. (Jarvis) Colt, was born in Hartford, Conn., November 
24, 1858. He was educated in part under private tutors, at St. 
Paul's School, Concord, N. H., and at the Sheffield Scientific 
School of Yale University. 

Mr. Colt was best known as a yachtsman. In 1888 he was 
elected vice-commodore of the New York Yacht Club, and in 
1892 commodore of the Larchmont Yacht Club, being re-elected 
to the latter position in 1893. He was also a member of the Eas- 
tern, St. Augustine, and Biscayne Bay Yacht clubs, and an hon- 
orary member of several European yachting organizations. 

He died at Punta Gorda, Fla., January 21, 1894. 




The American and British families of Jarvis, Jarvice, Jervis, 
etc., are all descended from Norman-French ancestry, the origi- 
nal forms of the name having been Gervais and Gervasius. The 
name Gervasius is traceable in Normandy to as early a period 
as 1180. According to the '' Dictionnaite de la Noblesse de 
France/' the Gervais Family is found established in Brittany 
about 1400, bearing arms which are thus described: "D'or, et 
line pomme de pin, placee an canton dextre chef; et un chotiette 
placee au canton senestre accompagnee en pointe d'un crapaud, 
le tout de sable." The great variety of modifications in the or- 
thography of the name since ancient times is indicated in the fol- 
lowing extract from the well-known authority, * ' Patronymica 
Britannica": 'Mervis, Jervies, Jervoj^s, Jervoise, Jarveis, Ger- 


vaise, Gervays, Gerveis, Garveys, Gareis, Jarvis, Jervies, Jar- 
vie, Jarvice, Gervase, Gervais, Gervasius, Ger\^s, are supposed 
to be one and the same name. ' ' 

The titled aristocracy of England includes still existing fami- 
lies of the name Jervis or Jervoise, conspicuous amongst these 
being the viscounts of St. Vincent (whose patronymic is Jervis), 
resident at Meaford, County Stafford. Chief of the heads of 
this noble house was Admiral John Jervis (1734-1823), one of 
the most illustrious naval commanders of history, who was cre- 
ated Baron Jervis, Earl St. Vincent, and Viscount St. Vincent, 
and was buried in Westminster Abbey. During a cruise to 
America while a subaltern officer, his ship was anchored off Nor- 
walk. Conn., at that time (as we shall see) the home of the prin- 
cipal Jarvis family of this country, to whom he took occasion to 
send greeting as his near kinsmen. The Jervis Family of Coun- 
ty Stafford has been one of consideration from a remote an- 

The armorial bearings generally claimed by the Jarvises of 
the United States have for their motto " Adversis Major, par 

The late Mrs. Elizabeth Hart (Jarvis) Colt of "Armsmear," 
Hartford, Conn., widow of Colonel Samuel Colt, was descended 
in the fifth generation from William Jarvis of Huntington, Long 
Island. The Jarvis Family in this line is notable for its pro- 
found patriotic, moral, and religious spirit. The father of Mrs. 
Colt, Eev. William Jarvis, was a highly-esteemed clergyman in 
Connecticut ; and he was a nephew of the famous Dr. Abraham 
Jarvis, second (Episcopal) bishop of Connecticut, and a cousin 
of Rev. Samuel Farmar Jarvis, S.T.D., LL.D., one of the dis- 
tinguished divines and scholars of his times. 

WILLIAM JARVIS, the American progenitor of this line, 
was resident at Huntington, Long Island, where he died about 
1740. It is supposed that he came thither from New England, 
where traces of the Jarvis Family are observable from an early 
period of the seventeenth century. At Huntington the first rec- 


ord of the name Jarvis appears in the year 1666. William Jar- 
vis was a highly substantial citizen and large landowner of that 
place, as evidenced by the bequests in his will (dated November 
12, 1737). 

Issue by his wife Esther: William, Samuel, Stephen, Abra- 
ham, and Mary. 


CAPTAIN SAMUEL JAEVIS, second child of William and 
Esther Jarvis, was born at Huntington, Long Island, October 5, 
1698, and removed to Norwalk, Conn., where the remainder of 
his life was spent. Died September 27, 1779. 

Married Naomi Brush of Cold Spring, Long Island (who was 
born March 19, 1701, and died May 3, 1756). 

Issue: Samuel, Elizabeth, John, Esther, Stephen, Isaac, Na- 
omi, Nathan, Abraham, Polly, and Hezekiah. 


HEZEKIAH JARVIS, eleventh and youngest child of Cap- 
tain Samuel and Naomi (Brush) Jarvis, was born at Norwalk, 
Conn., July 17, 1746. He was a lifelong resident of that place, 
and one of its most honored citizens. '^He possessed in an emi- 
nent degree, ' ' says a biographical writer, ' ' the traits of his dis- 
tinguished brother the bishop. In every relation of life he was 
the sincere and devoted Christian gentleman. He had a fine and 
discriminating mind and an excellent memory; a man of much 
reading, he was a ready reasoner, a pleasant and cheerful com- 
panion. He lived to a patriarchal age, seeing the children of the 
third and even the fourth generation." Died April 4, 1838. 

Married, 1st, October 9, 1767, Mary Nash (born June, 1748, 
died May 26, 1778) ^ married, 2d, Mrs. Sarah (AVhitney) Nash. 
She was a member of the "V^^iiitney Family of Darien, Conn. Her 
father lived to the age of one hundred years, three months, and 
three days— her husband, Hezekiah Jarvis having died in his 
ninety-second year. 

Issue (by first wife) : Noah, Abraham, Elijah, Stephen, and 


James; (by second wife): Samuel, Abram, Sarah, Charles, La- 
vinia, Amelia, Mary, and William. 

[An elder brother of Hezekiah Jarvis was the eminent 
Bishop Abraham Jarvis (b. at Norwalk, Conn., May 5 [o. s.], 
1739, d. at New Haven, May 3, 1819). He was graduated from 
Yale in 1761, and after leaving college began preparation for 
entering the ministry of the Episcopalian Church. Some time 
was spent at Elizabethtown, N. J., whither he went to be inocu- 
lated against the smallpox, and where he was an inmate of the 
family of the celebrated Dr. Chandler. He went to England to 
take holy orders, and there received deacon's orders from Dr. 
Kepper, bishop of Exeter, and priest's orders from Dr. Lyttle- 
ton, bishop of Carlisle. Eeturning to America, he was settled as 
rector of Christ Church at Middletown (August, 1764). In May, 
1796, he was elected bishop of Connecticut to succeed Bishop 
Seabury, an office in which he was consecrated at Trinity Church 
New York, on the 18th of October, 1797. His episcopate, lasting 
for nearly sixteen years, covered the period of the greatest de- 
pression and discouragement in the church, during which those 
who had clung to it in the troublous times of the Eevolution 
passed away, and, on account of prejudices, there were few to 
take their places. His body is buried in Trinity Church, New 
Haven, where his memory is perpetuated by a beautiful mural 
monument (with an elaborate Latin inscription), erected by his 

Bishop Jarvis was twice married, his first wife being Ann, 
daughter of Samuel Farmar, a wealthy merchant of New York. 
He had one child who survived. Rev. Samuel Farmar Jarvis, 
S. T. D., LL.D. (see IV.).] 


REV. WILLUM JARVIS, thirteenth and youngest child of 
Hezekiah Jarvis, was born in Norwalk, Conn., February 29, 
1796. An intimate union and affection existed between his fath- 
er's family and that of his uncle. Bishop Jarvis ; and the latter 's 
son, Samuel Farmar Jarvis, offered to fit the lad for college and 
for his chosen career of clergyman. He was graduated from 


Union College (Schenectady, N. Y.), subsequently pursuing 
ministerial studies at New Haven. In August, 1822, he was or- 
dained deacon at Norwalk by Bishop Brownell, and in Novem- 
ber following was ordained priest by the same divine at East 
Haddam. He began his ministerial work at the latter place, but 
soon afterward removed to Hebron. At the latter place he 
formed an intimate friendship with Dr. Peters, afterward gov- 
ernor of Connecticut, which continued throughout life. 

From Hebron Mr. Jarvis went to Chatham, now Portland, 
Conn., where he ministered as rector of Trinity Church until 
obliged to resign, in consequence of a severe attack of bronchi- 
tis, which deprived him of the use of his voice. Retiring from 
the ministry, he devoted the remainder of his years to his fam- 
ily, residing for a time in Middletown, and afterward in Hart- 

It has been said of Mr. Jarvis that "As a preacher he was fer- 
vent and impressive, both his delivery and voice being good ; as 
a pastor he was distinguished for fidelity and devotion; as a 
friend he was faithful and generous, and as a husband kind, 
wise, and affectionate." 

He died at Hartford, Conn., October 3, 1871. 

Married, December 22, 1825, Elizabeth Miller Hart (born 
June 23, 1798, died June, 1881), daughter of Richard William 
and Elizabeth Hart of Saybrook, Conn. 

Issue : 

1. Elizabeth Hart Jarvis. M. Colonel Samuel Colt. 

2. Hetty Hart Jarvis, m. Cyprian Nicholas Beach. 

3. Richard William Hart Jarvis. 

4. Frances Amelia Jarvis. 

5. Frederica Augusta Jarvis. 

6. Mary Louisa Jarvis. M. Rev. Frederick Fitz Gerald. 

7. John Samuel Jarvis. / 

8. William Kempner Jarvis. ^^ 

9. Edward Buckingham Jarvis. 

[Of the fourth generation of the Jarvis Family from the an- 
cestor William, another prominent member was 

Rev. Samuel Farmar Jarvis, S.T.D., LL.D., son of Bishop 
Abraham Jarvis and cousin of Rev. William Jarvis. He was b. 


January 10, 1786, and d. March 26, 1851. He was at various 
times professor in the General Theological Seminary and Trin- 
ity College ; rector of St. Paul 's Church, Boston ; rector of Christ 
Church, Middletown; historiographer of the Protestant Episco- 
pal Church, and secretary and treasurer of the Christian Knowl- 
edge Societ}^ He was also a theological writer of distinction. 
His private library was one of the most notable in America.] 


ELIZABETH HART JARVIS, eldest child of Rev. William 
and Elizabeth Miller (Hart) Jarvis, was born in Saybrook, 
Conn., October 5, 1826. She was married by Bishop Brownell, 
June 5, 1856, to Colonel Samuel Colt of Hartford, Conn. 

Mrs. Colt, after her husband's death, continued to reside in 
the beautiful home, ' ' Armsmear, ' ' built by him at Hartford. In 
memory of her husband she erected in that city the Church of 
the Good Shepherd, and as a memorial to her son a costly parish 
house, ''designed to further the physical, mental, moral, and 
spiritual well-being of members of the parish, and of all others 
who may choose to avail themselves of its privileges." 

She died August, 1905. By her will she left the grounds of 
''Armsmear" to the city of Hartford for a public park, the man- 
sion to become a home for widows and orphans of Protestant 
Episcopal clergymen. A fund of $800,000 was set apart for the 
maintenance of the Church of the Good Shepherd, the Memorial 
Parish House, the Caldwell H. Colt Memorial, and "Arms- 
mear. ' ' Her art treasures, with a trust fund of $50,000, were be- 
queathed to the Wadsworth Athenaeum. 

Early History of Medicine in New York 

Paet I 

THE annals of the earlier years following the coming 
of Peter Minuit as governor afford bnt little material 
for history as regards the exact status during that 
time. A mere trading post which, in 1628, four years 
after the nominal establishment of the Dutch authority, num- 
bered only two hundred and seventy souls, AValloons and slaves 
included, was, of necessity, not rich in transactions and events. 
The old world was reaching out with its pioneers and hardy 
men of all classes seeking a foothold. With nothing to attract 
from their far-distant homes any save those who were intent up- 
on trade, and whose ambition it was to reap a fortune and as- 
sume title to immovable property, a shore and a haven were 
found amid copper-hued clans with more symmetry than brawn 
of muscle. Eevenue, immediate and prospective, was the con- 
sideration with the colonists of that day, and religion, education 
and science must needs wait for a more convenient time. The 
picket lines of diverse great civilizations were nearing each oth- 
er, trading commodities, but on the alert for war. The Teuton 
with his equipments was halting the Goth with his extravagant 
freedom, while the Celt was making more tolerable his existence 
as an adjuster of surroundings. The first meetings under truce 
flags were shocks, and the last arbitraments and wars were 
closed by the destruction of evidence. The past was nursing 
reminiscences and the future was dissolving in hopes. Power 
was nearing its focus of general adaptability, while the multi- 
tude was contributing its quota of means. Trade growing into 
commerce was diminishing the friction of civilization, for newer 
adaptations were coming into vogue, and there was less of the 
peace of desolation. Society may have been coarse, but it had 



the tone of fair dealing, and was especially efficient when duty 
and inclination ran in the same line. As on shipboard, there was 
much whirling movement, but not a deal of velocity or force, 
since the West India Company, although endowed with ample 
powers, had no prerogatives for protecting their own interests 
or those of their subordinates. The colonies which were planted 
were feeble, and their tents were virtually clusters of hermitages 
with self-defending inmates. There were leaders, but without 
an adequate following— a resourceless community without co- 
herence, impoverished by the feuds of Europe and thoroughly 
won by the logic that strategy was better than force. 

These conditions were gradually changing. The pioneers of 
the future city with its snug harbor had become home-builders 
rescuing its shores from the water, and primitive architects from 
above downwards, and too loth to spoil trade by empty quarrels. 
They exercised a broad hospitality in their interior life, and 
even allowed their native tongue to be corrupted into a jargon for 
the sake of peace in the heterogeneous population. In the haze 
of their hearthstones, larders, scoured floors and downy beds, 
they could afford to abide the coming of any stormy doom. Rugs, 
silks and jewels from the orient could well tone down the anxious 
watching for arrivals of their most seaworthy ships. Rescued 
marshes, gravelled pathways and miniature lawns had contrib- 
uted to their prosperity and health. What need, then, for ex- 
planations of patriotism? 

In 1652, when the population of New Amsterdam was presum- 
ably about 1,000, it would appear that the people not altogether 
depended upon the shipi3ing in the harbor, but that some sur- 
geons took up their residence upon the island, for, in February 
of that year, ''on the petition of the Chirurgeons of New Am- 
sterdam, none but they be allowed to shave, the Director-Gen- 
eral and Council understanding that shaving doth not appertain 
exclusively to Chirurgery, but is an appendix thereunto : that 
no man can be prevented operating on himself, nor to do anoth- 
er this friendly act, provided it be through courtesy and not for 
gain, which is hereby forbidden." It was furthermore ordered 
that "Ship Barbers shall not be allowed to dress any wounds 
nor administer any potions on shore without the previous knowl- 


edge and special consent of the Petitioners, or at least of Dr. 
Johannes La Montagne." 

The foregoing somewhat of a license with an amusing shading 
is taken from a compilation made some years ago by E. B. O'Cal- 
laghan, LL.D., entitled "Register of New Netherlands, 1626-74." 
This curious fragment saved from an unimportant oblivion af- 
fords no information, save by inference, regarding the mere pro- 
fessional attainments, but does show the Chirurgeon in one of 
his evolutionary stages— that of a hand- worker with edged tools. 
Of greater interest, however, is the fact that in the petition of 
the practitioners of New Amsterdam is to be found the germ of 
the mutually protective medical association of the present day, 
and in the order of the Director-General and the Council, issued 
in conformity with the prayer of this embryotic body, we have 
the first legal provision affecting the practice of medicine in 
what is now the City and State of New York, and, probably, the 
llrst in America. The old war between supply and demand as 
exemplified between wares and fees, or, as the journalist might 
express it, as the skirmishes between the storekeeper and the 
push cart vendor was a contention begun. 

The "Register" to which reference has been made indicates 
that prior to 1638 Tryn Jansen, according to the Holland usage, 
was licensed as a midwife. This woman was the mother of An- 
netje Jans, who became the wife of the Rev. Everardus Bogar- 
dus. The marriage in question for about a century and a half 
occasioned much disquietude among numerous descendants 
through the female line regarding the Trinity Church lands and 
other realty. The only result has been the direct revenue of le- 
gal fees and the authoritative statement that the case has been 
thrown out of the courts forever, the consolation being undis- 
puted possession and a very precise genealogy. Midwives were 
duly licensed in succeeding years, and in 1716, according to Gow- 
an's "Western Memorabilia," a law was passed for their reg- 
ulation. They were sworn "to be faithful in their service, to 
commit no frauds in changing children, nor to be accessory to 
pretended deliveries, nor to assist in any frauds or conceal- 
ments of births, and above all never to speak of the secrets of 
their office." inis is presumably the first legislation in New 


York upon the subject, or, in brief, the genesis of an ethical 
code, succinct but comprehensive. 

Among the ship's surgeons or chirurgeons who came in the 
time of Governor Minuit were Hannan Myndertz Van den Bo- 
gart and William Deeping, both of whom presumably made pro- 
fessional shore visits. Dr. Bogart was surgeon of the Dutch ship 
''Eendraght," which arrived May 24, 1630, and he remained 
with her until 1633. In 1638 he sailed for the West Indies, and 
the last report of him was to the effect that about 1647 he was 
burned by the Indians in the Mohawk Valley. 

In 1658, ten years after Peter Stuj^esant arrived as Director- 
General of a cluster of wooden houses fenced in by a stockade, 
the only '^surgeons^' in New Amsterdam were Hans Kierstede, 
Jacob Heudricksen Verrevanger and Jacob L'Oragne, and these 
were, it is to be inferred, the parties upon whose petition the Di- 
rectors and Council made their order against '^ship-barbers." 

The most conspicuous of these resident practitioners was this 
Dr. Hans Kierstede, a native of Saxony, born in Magdeburg, 
who came to New Amsterdam in 1638 with Governor William 
Kieft, otherwise "William the Testy," that "brisk, waspish lit- 
tle old gentleman," dried and withered, of whom Washington 
Irving drew a vivid picture of kaleidoscopic force. Humor, how- 
ever, is not always history, and the proper dignity of his office 
may not have been respected. In 1647 Governor Kieft was sup- 
erseded by Governor Peter Stuyvesant, but, before going into 
retirement, he made to his friend and protege. Dr. Kierstede, a 
grant of land on what was then known as "The Strand," the 
present Pearl street, and in 1653 and 1656 Dr. Kierstede became 
possessed of additional lands under grants made by the suc- 
cessor of his patron. In 1642, four years after his coming to 
New Amsterdam, Dr. Kierstede married Sara Roelofs, a daugh- 
ter of Anneke Jans. Her father had been of great seiwice to the 
Dutch authorities in the capacity of interpreter between them 
and the Indians in their land bartering and other transactions, 
and, out of this consideration, she was granted a tract of land 
on what is now the west side of Broadway, between Reade and 
Duane streets, so that the couple began their married life as ex- 
tensive land owners. Dr. Kierstede died in 1666. He was the 


father of ten children, from whom descended a numerous prog- 
eny, among them many who entered the medical profession. 
General Henry T. Kierstede, a great-great-grandson of Dr. Hans 
Kierstede, became a druggist on Broadway, in New York City, 
and was famous for his ''Kiersted Ointment," prepared from a 
recipe handed down by his remote ancestor, and the secret of 
which has been jealously preserved in the family to the present 
day. Christopher Kierstede, an alumnus of Albany Medical 
College, 1846, also a descendant of Dr. Hans Kierstede, died at 
his home in Jersey City, N. J., January 23, 1903, aged 81 years, 
after having been in practice in New York and vicinity for over 
half a century. Thus the family name was a household word in 
medicine for over three hundred years. 

Contemporary with Dr. Hans Kierstede, and coming the same 
year, were the two "surgeons," Gerritt Schutt and Pieter Van 
der Linde. The latter named was a native of Flanders, and 
brought with him his wife, Elsje. Van der Linde gave advice to 
applicants, as appears from a claim for surgeon's fees which is 
preserved in the State archives in Albany. But, like the all- 
around men of his day, medicine was but one, and perhaps the 
least, of his accomplishments, for, in 1648, he was temporarily 
teacher of the first school in New Amsterdam, which was opened 
in 1633, and of which the School of the Collegiate Reformed 
Church in New York City, at West Seventy-seventh street, is 
the descendant and successor. He was also clerk of the church, 
and at one time he was tobacco inspector. 

Jacob Hendricksen Varrevanger, second on the list of resi- 
dent physicians in New Amsterdam, according to O'Callaghan's 
"Register," came in 1646, in the service of the DutWi West In- 
dia Company, with which he remained for sixteen years. After 
he had been employed for eiglit years, he complained that ho 
had imported from Holland all his "medicaments" and asked 
for compensation, whereupon he was at once credited with a 
certain amount and his salary increased. 

Dr. Varrevanger is besides justly deserving of fame as the 
projector of the first hospital estahlislied within tlie territory of 
what is now the I'nited States, it had hcen the <' of tiie 
Dutch authorities to lullct sick "soldiers," and even sick ne- 


groes, upon the inhabitants. To remedy this rapidly growing 
encroachment upon domestic rights, and, at the same time, to 
afford more suitable treatment to the suffering, Dr. Varrevan- 
ger asked that suitable buildings be bought or hired for hospital 
purposes. Regarding the character of the buildings there is an 
absolute dearth of information, but it is of record that in 1680 
''the Old Hospital of the Five Houses" was bought for two 
hundred pounds, in order that more ample and serviceable ac- 
commodations might be provided. It is also deserving of notice 
that, in the first year of the hospital, Hilletje Wilburch was ap- 
pointed to the position of matron. 

As a by-path in local history it may be mentioned that Dutch 
surgeons also were to be found at various trading posts outside 
Manhattan. In 1638 Jan Petersen, surgeon (Barbier), was at 
South River, with a monthly stipend of ten florins. Abraham 
Staats was a surgeon who came to Rensselaerwyck in 1642, but 
medicine was evidently a secondary pursuit with him, for he was 
carrying on a large fur trade with New Amsterdam and sailed a 
sloop between Fort Orange (Albany) and that point. By his 
marriage with Katarina Jochemsen he was the father of numer- 
ous children, among whom were Jacob and Samuel, who in time 
became well-known physicians. In Connecticut, also, appears 
evidence of one, at least, who practiced the healing art, for in 
1663 a supply of drugs was sent from Holland for a clergyman 
"versed in the art of Physick and willing to serve in the capac- 
ity of Physician." This is taken to refer to the Rev. William 
Leverich, who figured conspicuously in the colonization of Con- 
necticut and Long Island. 

As we have seen. Dr. La Montague was invested with a more 
ample authority than any board of health or corps of medical 
examiners of the present day. Of an ancient and noble French 
family, he was a Huguenot refugee of more than the usual at- 
tainments. He was a graduate of the famed University of Ley- 
den and came to New Amsterdam in 1636, and at once rose to a 
position of leadership among his fellows, and more especially in 
the executive councils of the government. Thus, in 1643, when, 
through his utter want of tact if not real turpitude. Governor 
Kieft became involved in war with the Indians, he gladly com- 


mitted to La Montague the command of his little army of de- 
fense—estimated to he some 300 men— of whom only fifty were 
soldiers, while the remainder were the haphazard volunteer res- 
idents of the town. It is presumable that the statement that 
Montagne "was the only doctor in Manhattan in whom the set- 
tlers had any confidence," was in a personal rather than in a 
professional sense, since his immersion in public matters al- 
lowed but little attention even to the plainest sanitary require- 
ments. Otherwise there was no great necessity, for even at that 
early period complaints were rife of surplusage in the supply of 
medical attendants and the population had not as yet reached 
fifteen hundred. 

That La Montagne held such intimate relations to the Gover- 
nor, who was of a different nationality, and, withal, exceedingly 
self-willed, conceited and arrogant, is abundant proof of ability, 
sagacity and integrity. His position certainly afforded him a 
large influence, but his indispensability was as largely due to his 
personality as to the power of which he was, in a degree, more 
than the representative. It would appear, too, that he enjoyed 
alike the confidence of his official superior and the loyal obedi- 
ence of his fellow townsmen. Thus it is to be conceded that La 
Montagne served as a buffer between the irascible Governor and 
the hysterical people. He might even have been a varied type 
of the missionary exchanging moral theories as commodities 
among half-civilized tribes. Still further it may have been the 
fortune of the colony that the hour may have met the man. 

In 1664 William Nichols established the English supremacy, 
and with his coming was inaugurated a new system, and it was 
at the dawn of a new era in speculative science as well as in both 
colonization and commercialism. Medicine was then attempting 
its divorcement from charlatanry and necromancy, for general 
laws were drifting towards the study of probabilities. But a 
few years before, if the lifetime of an edition be counted, Robert 
Burton had published his ''Anatomy of Melancholy," a quaint 
production, dated 1621, which epitomized much of the knowl- 
edge of the day, and which has been described as a heterogen- 
eous melange susceptible of many interpretations. This con- 
tained much occult lore applicable to many emergencies, a rare 


mixture of rambling reflections and odd quotations. Scholar 
as Burton was, he was among the credulous who could suspect 
a sjTubolism in every form or sequence. The frontispiece of his 
work was a display of the zodiacal signs, along with a self-made 
calculation of his own nativity. In this he drew a word picture 
of the healer of the day: 

"About him pots and glasses lies, 
Newly bought from Apothecary, 
Borage and Hellebor fill two scenes — 
Sovereign plants to purge the veins 
Of melancholy, and cheer the heart 
Of those black fumes which make it smart ; 
To clear the brain of misty fogs 
Which dull our senses and soul clogs — 
The best medicine that e'er God made 
For this malady, if well essay'd." 

According to the delightful old pedant, the impulsive cause 
of miseries in man was the sin of Adam, the first parent, and the 
instrumental causes of human infimiities were the stars, the 
heavens and the elements. With curious disregard of logical 
reasoning, bodily sickness was due to the vices of ancestry "and 
our own intemperance," and yet was meant for the soul's health. 
"Phanuaceutice, the physic which apothecaries make, mingle 
and sell in the shops, many cavil at, and hold it unnecessary, be- 
cause those countries which use it least live longest. Many are 
overthrown l)y preposterous use of it, and some think physics 
kill as many as they save, and who can tell?" Some ailments 
Burton pronounced incurable, such as apoplexy, epilepsy, stone, 
stranguary, gout and agues. Yet he declares medicine "a di- 
vine science," and says that to its purposes it brings eight hun- 
dred simples, or herbs, among them tobacco, "divine, rare, sup- 
erexoellent, which goes far beyond all the panaceas, a sovereign 
remedy to all diseases— a good vomit, a virtuous herb, if oppor- 
tunely taken and medicinally used, but, as taken by most men, a 
plague, or mischief, hellish and damned, the ruin and overthrow 
of body and soul." Having thus paved the way for the Thomp- 
sonian practitioner of a far later day, this same old author gives 
license for the use of gold, and commends mercury, while he 
recognizes "blood letting, cupping glasses, horse-leeches, cau- 
terization by means of a hot poker and blistering plasters." 


For the sake of a fuller appreciation of the surroundings it 
may be related that Penelope Van Princis, who became the wife 
of Richard Stout, a merchant of New Amsterdam, came from 
her home in Holland about 1620, when she was eighteen years 
of age. At the foot of the Navesinks of New Jersey— the "high- 
lands between the waters"— her vessel was thrown helpless up- 
on the coast. A few survivors who reached land were attacked 
by Indians, who perhaps bitterly remembered Hudson's visit but 
a few years before. All the shipwrecked people were killed 
save Penelope, who, wounded and mutilated, crept into a hollow 
tree, where she lived for several days, eating the fungi which 
grew about its trunk. She was found by a party of Indian 
hunters. An old Indian prevented them from killing her, and 
carrying her to his wig-wam, he healed her dangerous wounds. 
She was kindly treated and finally taken to New Amsterdam and 
restored to her countrymen as an "Indian present." 

The Indian medicine man who healed the wounds of Penelope 
Stout was as skillful in his materia medica as the generality of 
his contemporaries of London and Paris, and he was not more 
superstitious, and far less dangerous. The London physician 
juggled with words— Latin and Greek— and his audience in their 
ignorance were awed ; the Indian, by magical tricks and terror, 
maintained his power over his followers. Both depended really 
upon herbs, and both added to them hideous, nauseating, filthy, 
useless things. The London physician used crab's eyes, frog's 
spawn, filings from the human skull, powder from. dog's lice, 
earthworms, viper's flesh, etc., etc. To stop a nose-bleed, fumes 
from burnt feathers, hair, old hats, horns, hoofs, leather, old 
woolen clothes, were used, or human blood or liver, dried toads 
or vipers, etc., "from all of which the blood precipitately flies, 
as from its greatest enemy." The foregoing, and nnich more of 
like natuie, is taken from "The Practice of Physick; or Dr. 
Sydenham's Processus Integii, Translated out of the Latin into 
English, with large Annotations, Animadversions and Practical 
Observations on the same," by William Salmon, M. D. Cliarms 
were prescribed, such as eagle's stones (a variety of oxide of 
iron found in small ovoid masses), worn ui)on the arm, for in- 
flammation of the eyes. Such were some oi" llic hideous things 


that were recommended as palliatives and specifics by some who 
deemed themselves the scientific physicians of the old world in 
the seventeenth century to our forefathers. 

"When George Fox visited Shrewsbury, Now Jersey, in 1670, 
he was accompanied by ' ' John Jay, a friend, of Barbadoes, who 
came with us from Bhode Island," who was thrown from a run- 
away horse and his neck supposed to have been broken. Fox, 
by '* pulling his friend's hair found the neck very limber." Then, 
he says, ''I put one hand under his chin and the other behind 
his head and raised his head two or three times with all my 
strength and brought it in. I soon perceived his neck began to 
grow stiff again, and then he began to rattle in his throat and 
quietly after to breathe. The people were amazed, but I bade them 
to have a good heart, be of good faith and carry him into the 
house." In a few days he recovered and traveled many hun- 
dred miles with Fox. To all present this seemed a miracle, for 
none understood the real traumatic or pathological conditions of 
the case. The majority of those calling themselves surgeons 
would have known little more at that time. Macaulay unjustly 
despised George Fox for pretending to perform miracles, and 
painted him a ruder and more ignorant man than he really was. 

But there were those who had caught a gleam of the great 
light which science was soon to shed over the earth. They had 
pursued their studies in chemistry and physiology, and their in- 
vestigations were leading them into proper paths. In these for- 
ward movements America was destined to bear an honorable 
and useful part, for to her shores came men of ability and lauda- 
ble ambition. Prominent among them was Cadwalla(Jer Golden, 
a native of Scotland, who was one of the earliest authors upon 
certain contagious diseases and sanitation, and who would have 
undoubtedly risen to high eminence in the medical profession 
had he devoted himself altogether to it. He was the son of an 
eminent Scotch clergjTnan, the Rev. Alexander Golden, and was 
educated in the University of Edinburgh. He came to America 
in 1708, when twenty years of age, and located in Philadelphia, 
where he built up a large practice. In 1718 he removed to New 
Y^ork city, which became the scene of his most active and useful 
effort. In 1735 he wrote a treatise on ''The Sore Throat Dis- 


temper," and, in later years, papers on *'The Virtues of the 
Great Water Dock" and ''Observations on the Yellow Fever of 
New York, 1741-42." In that last mentioned he anticipated 
much of what has been written in comparatively recent years in 
ascribing epidemic diseases, in large measure, to unsanitary con- 
ditions. His worth as an investigator in scientitic channels is 
evidenced by his correspondence with Benjamin Franklin, the 
Swedish naturalist Linnaeus, and the German philologist and 
antiquarian, Gronovius. He was the first in America to give 
methodical attention to native botany, and he collected nearly 
four hundred plant specimens, which were catalogued by Lin- 
naeus in his ' ' Acta Upsaliensia. ' ' What with science and poli- 
tics. Dr. Golden had little time to devote to medical practice. He 
was the first surveyor-general of New l^ork, and from 1761 to 
1775 he was Lieutenant-Governor of the province. Many of his 
political and philosophical papers are preserved by the New 
York Historical Society, and much use was made of them by 
the historian, Bancroft. 

Dr. John Nicoll was a practitioner in New York for about fifty 
years, and was also an apothecary. He also was addicted to 
public affairs, and suffered the displeasure of Governor Leisler, 
by whom he was imprisoned. But time brought him his revenge, 
for he became the presiding judge at the trial of Leisler, who 
was brought to death. Dr. Nicoll died about 1744, and his estate 
was administered upon by a fellow-practitioner, Dr. Isaac Du- 
bois, a graduate of the Leyden University, and who succeeded to 
his apothecary business on Hanover Square. Dr. Dubois, how- 
ever, died less than two years afterward, November 9, 1745. 

About 1740 came together three physicians— James Magrath, 
Thomas Rodman and John Brett— none of whom left any par- 
ticular impression save him first named, who was the father of 
American hydropathists, and who, for more than forty years, 
with peculiar originality and forcefulness, advocated the use of 
cold water for the treatment of all manner of diseases. 

Dr. John Bard, (1716-1799) was a practitioner whose service 
was peculiarly useful. He was of Huguenot ancestry, born in 
Burlington, New .Jersey, in 1716. When a lad he became an ap- 
prentice student to Dr. Kearseley, of Philadelphia, with whom he 


remained for three years. He entered upon practice in Philadel- 
phia in 1737, having just attained his majority. In 1747 he re- 
moved to New York and established the first quarantine station 
there, having effected the purchase of Bedloe's Island for that 
purpose. He magnified his office and was somewhat vain, af- 
fecting a dress and equipage which attracted marked attention ; 
a red coat and a cocked hat, and he carried a gold-headed cane 
and drove about in a stylish phaeton. But he displayed rare 
skillfulness in his profession, and was deeply conscientious in 
the discharge of his duties. In 1795, when the majority of the 
physicians fled the city on account of ravages of yellow fever, he 
labored assiduously to relieve the disease-stricken people. He 
busied himself in his profession until he was upward of eighty 
years of age. He was something of a litterateur, and an indus- 
trious writer, but was rather averse to publication. In 1749 he 
read an essay before a society in New York on the nature of the 
malignant pleurisy then prevailing on Long Island. He reported 
a case of extra-uterine foetation treated by section in 1759, which 
was the first recorded case in this country, and which appeared 
in the London Medical Observations and Inquiries. He likewise 
contributed several papers on yellow fever in the Medical and 
Philosophical Register, and in 1788 he became the first president 
of the Medical Society of New York. 

For Conscience Sake " 



The American Jezebel ; and Massacre 

"The Anabaptists are moderate kind of men, stirred up by the devil to the 
destruction of the Gospel." 

"Souls made of fire, and children of the sun. 
With whom revenge is virtue.'" 

— Young. 

ter of Mistress Frances Marbury, of Lincolnshire. 
She, with her husband and little family, being ban- 
ished from cruel England by Archbishop Lord for 
non-conformity, sought the shores of the New World and arrived 
in Boston, September eighteenth, 1634. Her brother-in-law, the 
Rev. John Wheelwright, and family, followed her in May, 1636. 
As Mr. Cotton was a friend of the family in Old England, the 
Hutchinsons wished to enjoy his ministrations. They were ad- 
mitted as members in the church in 1634. The Rev. Symmes, 
minister to the church at Charlestown, having crossed the seas 
with the Hutchinsons, was a little afraid of Mistress Anne's 
new, and unorthodox views. Notwithstanding these. New Eng- 
land learned at first to hold her in high esteem, finding she could 
minister to the body, mind and spirit. 

Many women attended the lectures, given twice weekly, which 
were held at her house. They would discuss the last sermon of 
their old friend and pastor. Cotton Mather. The Governor, Sir 
Henry Vane, attended many of her meetings. Mistress Anne 
Hutchinson did not believe in infant ])aptism. She was really a 



Mennonite. To these remarkable people William, Prince of Or- 
ange, had been most kind, and thousands crossed the North Sea 
and went to the eastern counties of England. They believed in 
soul liberty, the divorce of the Church from civil power, loyalty to 
the commands of Christ. An Anabaptist meant one rebaptized. 

The Massachusetts Bay Colony could not stand these doc- 
trines, and Anne Hutchinson, with most of her family, was driv- 
en from the colony and went to ''Ann Hook"* in Westchester, 
there to find liberty of conscience. 

It was early candle light and Mistress Anne Hutchinson, sit- 
ting in the low-ceiled room, held an open parchment in her hand. 
She was surrounded by her sons and daughters, but seemed to 
see no one as she perused the closely written page. The new 
home, what is now Pelham Manor, then called Ann Hook af- 
ter its Mistress, was built of rough logs. Vast forests stretched 
away on all sides. Nothing disturbed the stillness but the hoot 
of some owl on a nearby tree, or the curious chirp of a cricket 
giving warning of the coming autumn. 

''How glad I am, my dear Mother, that Master Throgmorton 
and the other thirty-five Friends are not far distant. ' ' 

"Yes, truly, daughter, we are in the Lord's hands; 'he know- 
eth such as are His, and the hairs of our heads are airnumbered. ' 

I have but just concluded the reading of the kind epistle from 
my dear friend and follower. Lady Deborah Moody. She is not 
far distant and some stray post-boy may now and then bring me 
greetings from her dear hand. ' ' 

"How is Mistress Frances, is she enjoying the new life among 
the Dutch at Gravesend?" one of the elder girls asked. 

"Yes, of a truth, but Lady Moody speaketh only of their 
daily life, the recent Indian outbreak, and the visit of our dear 
friend. Reverend Mr. Williams. He will soon return to Old Eng- 
land, to talk over many matters relating to Providence Planta- 
tion, and his late troubles there." 

' ' Brother Francis was dismissed from the Church, dear Moth- 
er, in Boston town. Was it not sorrowful?" 

"Poor lad," she murmured sadly, "he had to suffer for his 
Mother's sake. Your father believed in me. He called me a 

*NoTE. — Now known as Pelham Manor. 


dear servant of God, and sometime I, shall see him again; it may 
be sooner than I dream. I am so weary of the battle for Con- 
science sake. Children, I am fifty years old to-day." 

*'Your birthday, dearest Mother," exclaimed all, "we must 
have a cake and a posset of elderberry wine." 

"It cannot be a gay banquet; I miss your dear father more 
and more. Soon Mistress Mary Dyer may join us, if she be not 
sentenced as a witch, and be hanged or burnt. Samuel hath 
promised to write me about her, and our brother Philip may join 
us later on." 

' ' My Mother, ' ' broke in little Abigail, ' ' I sometimes have great 
fear of the red men, and their sharp knife. Are we safer here, 
Mother, than in Massachusetts Bay Colony?" 

"Perhaps safer, child," and Anne Hutchinson bent over her 
youngest, and smoothed the brown hair down over her low, broad 
forehead. " 'Fear not, little flock,' the Reverend Mr. Williams 
saith ; so say I the same to you all. He has ever been a friend to 
the Indians. Nishokan, the Chief, warned him very often, when 
in grave danger, and, as we are his friends, they may send us a 
message in our hour of need. ' ' 

"Has the Worshipful Mr. Williams sailed yet, my Mother?" 
asked one of the boys. 

"Alack, he only has been gone four weeks. Gov. Winthrop re- 
fused permission for him to sail from Boston town, so he came to 
New Amsterdam, where the Dutch gave him safe passport. It 
was relating to that matter that Lady Deborah Moody wrote. In 
a year's time he will return, with a new patent or charter, for 
Providence Plantation. Our dear friend. Sir Henry Vane, is a 
warm friend of both Reverend Mr. Williams and ourselves, and 
will be of service to him in Old England. Milton, too, was a 
friend at Court, being on Oliver Cromwell's side. 

Lady Deborah writes that they had a goodly meeting at her 
dwelling, and several pair were joined in matrimony. The good 
Doctor is a true friend, as I have said, of the red men, and 
asked that they should have their rights. The Iroquis tribes, 
they say, are trying to collect tribute from Westchester and the 
river tribes. Many of the red men who have been our friends 
these past few weeks have taken refuge with Master De Vries at 



his plantation and also at Corloer's Hoeck on East Eiver. 
Director Kieft had determined to punish the Hockensach tribes 
for shooting the Dutch Colonel on Von der Horsts plantation. 
He hath demanded the Indian, who did the deed, the pachem, 
chief of the Tonkelches. Director Kieft hath declared that 'He 
will make the Indians wipe their chops.' The fighting not far 
away hath been terrible of late, but perchance, we may expect 
more peaceful times. Lady Moody writes that they have had 
many fights with the tribes, and have been even in danger of 
their lives. The Dutch at Corloer's Hoeck killed forty Indians, 
and at New Amersfoort the inhabitants have made war against 
the Mahrechaweerks. Eleven tribes have sworn to fight 
against the Whites ; the Wickquaesgrechs have joined the upper 
tribes and we know not what to expect. ' ' 

Mistress Anne Hutchinson shuddered, as she glanced quickly 
at her family gathered around her. ''You, Mary, sit you down 
child, and finish the day's stint; the time is none too long for 
work which must be done by the early Autumn. The crickets 
have given us warning." 

Mistress Hutchinson straightened a lawn kerchief at her neck. 
Under the pointed stomacher and gown, the folds of which 
were of some soft, clinging stuff, could be seen the bunch of keys 
and large pocket which she wore at the side. Her face, lighted by 
the Spirit within; her eyes, large and brilliant, seemed to be 
gazing into another world. The supper things were washed and 
dried, being placed in rows on the white shelves, and the 
candle-light casting strange shadows, made the pewter look 
like silver in the uncertain glow. The night had grown dark 
and sultry. Just outside the door, glow-worms, carrying their 
tiny torches, could be seen now here, now there. All was so 
strangely still. Even the chirp of the crickets became hushed. 
A gray mist was rising from the ground, and hung suspended 
like a shroud. A chestnut burr loosened from its hold on the 
branch dropped to the ground. The slight noise made Mistress 
Hut<?hinson start. Her thoughts had been wool gathering, and 
far away from the little house in the forest. The voice of her 
youngest child had not reached her ear, and the child repeated, 

"Will the Dutch persecute us here for our religious beliefs?" 


'*No, dear heart, the Anabaptists may here worship God as 
they will, and,— " she murmured softly, "the 'Lord that de- 
lighteth not in burnt sacrifice ' will hear their cries. ' ' 

As if an echo of her words, coming through the open doorway, 
terrible cries and the dreaded Indian war-whoop were heard. 
A young Indian maid stood before her; her soft mocassined 
feet made no sound. 

''Fly, pale-face, fly; the red men, my people, come to kill!" 

As she spoke, the Indian maid seized the hand of the youngest 
child, and followed by the terrified family, passed out into the 
forest. The half open door stood wide ; they would never again 
pass through its portals. There was no turning back. A yell, 
loud cries, a scream, and all was as still as death. The giant 
trees were witnesses of the horrible massacre. Forest ferns 
were drenched with blood, and the Indian, Minatonka, holding 
the terrified child by the hand, was making her way swiftly 
through the brush of the thickly wooded glen. As they looked 
back they saw clouds of smoke arise from where the dwelling had 
stood, and the glaring, crackling flames lit up the forest as they 

The American Jezebel would never more poison the minds 
of Puritanical New England, who had been her enemies. The 
Master of Anne Hutchinson had called her to the brighter land 
where there could be no clouded vision. Her youngest child 
passed out from her Mother's arms into the wild, unbroken for- 
est, there to find a home among the red men. 


Henry Moody Declares His Love. Departure of Roger 


"Love breaks in with lightning flash ; friendship comes like dawning moonlight. 
Love will obtain and possess ; friendsln'p makes sacriiices and asks nothing." 

— Geibel. 

Seated in the doorway, by her spinning-wheel, was Frances, 
her parted, golden hair waved over the white forehead, being 
drawn into a loose knot and tied in place by a ribbon. Her 
eyes were really blue, but seemed at times to be very dark ; they 


were sparkling eyes, mirroring the soul within. Just now they 
were laughing, and the pretty dimples in either cheek were 
most alluring. One little foot rested on the treadle, but the 
wheel was not in motion. She turned her head to speak to An- 
netze, the Dutch maid, dressed in her scarlet petticoat, laced vel- 
vet bodice, and quaint cap. 

' ' Faith, I am glad that task is at last finished. Annetze, where 
did you say Lady Deborah had gone 1 ' ' 

''Only, Mistress Frances, to call on Mistress King, who is 
having a sorry time with her bayberry wine. Mistress King was 
in the midst of it when the red men appeared ; she left it all and 
ran here— I fear it is spoiled." 

"And whither hath Sir Henry taken himself, this fine Autumn 

"Ah, Mistress, he hath gone to Coneyne Island, to see about 
the hogs being better looked after. The house seemeth indeed 
deserted and most quiet after all the excitement of yesterday." 

Annetze was polishing a i3ewter platter, as she stood by the 
old dresser, and from time to time she held it up admiringly for 
inspection. "I had a dream last night." 

"A dream, Annetze! What kind of a dream was it!" 

' ' I dreamt. Mistress, that we were all getting ready for a wed- 
ding, and that my Lady Moody was really much pleased over 
the matter." 

"A wedding!" The blue eyes twinkled merrily, "A wedding? 
Whose wedding was it, Annetze, yours! Perhaps you've fallen in 
love with one of the red men!" 

"Oh, Mistress Frances, that would indeed be a sorry business, 
a red man. I have not lost my senses ; my scalp is valuable to 
me. You are joking. Mistress Frances. The Domines Magolop- 
sis would shut me up in the dark house; if any man ever hated 
the Indian, he does." 

"Yes, truly, I am joking, but you must in truth tell me the 
name of the bride. Dreams ever interest me. ' ' 

"The bride. Mistress, was the fairest lady in the land, your- 
self, Mistress Frances." 

"And the bridegroom, who was the bridegroom!" 

"The bridegroom was Sir Henry, bless his heart. A fine 


looking pair, Mistress Frances, you were. Speak of men an- 
gels, here comes Sir Henry himself. ' ' 

''Hush, tush, girl, your words may offend." Looking from 
her wheel, Frances saucily said, ' ' Bless me. Sir Henry, did you 
conclude the hogs would be dainty morsels at Christmas time! 
Jews are scarce here in this God-forsaken country ; so they ought 
to find a market. ' ' 

"Yes, I have been to Coneyne, and attended to my various 
concerns. The hogs are all right now and enjoy wallowing in the 
wet sand at one end of the island. A report reached my ears that 
the English Privateer, 'Seven Stars,' landed this morning on 
the farm of Anthony Jansen Von Salee, and stole his pumpkins, 
the whole lot of them. They were about to seize our hogs, when 
some one told them that they belong to Lady Deborah Moody 
and, as she is an English woman, they refrained. ' ' 

"Between the Dutch tyrants and the Indians, the English set- 
tlers have a hard time of it, Henry. ' ' 

"Yes, they are suspicious lot, these Dutch, but the Director 
Kief t hath been a good friend to my Lady Mother. The patent 
has just been sent ; I will read it to you. 

It 'gives and grants unto ye Honored Lady Deborah Moody, 
Sir Henry Moody, Baronet, Ensign George Baxter, and Sear- 
geant James Hubbard, and any that shall join in association 
with them: a tract bounded by the creek adjacent to Coneyne 
Island ; also by land of Anthony Johnson and Robert Pemaner, 
and by the Ocean, with privilege to graze cattle on Coneyne Isl- 
and, with power to erect a town and fortifications, and that they 
shall have and enjoy the free liberty of Conscience, according 
to the Custom and manner of Holland, without molestation and 
extortion from any Magistrate and Magistrates or any other 
Ecclesiastic or minister that may pretend jurisdiction over them, 
and with liberty to constitute themselves a body politic, as free- 
men of the Province and Town of Gravesend. Power has also 
also been given to nominate, to the Director members of Minor 
Court of three men, to be constituted, and also a Schont or chief 
Magistrate. ' 

"You see, Frances, the patent is so worded, that the patentees 
and their heirs shall faithfully acknowledge and reverently re- 


spect the high and mighty Lords — the Estates General of the 
United Belgic Provinces, His Highness Prince Frederick, by the 
Grace of God Prince of Orange, and the Bight Honourable 
Lords of the West India Company. ' ' 

'^A pretty time, Henry, we will have with such near neigh- 

'^ Never you mind about our near neighbors; the majority are 
our countrymen— with the rest we must make ourselves con- 

"Henry, I am weary of being grave. I want to laugh once 
more. We live in a serious age, as you say, but just for the 
next five hours, I would like to forget the red men, the Governor, 
and our neighbors." 

' ' The Indians, Frances, are not going to get your golden locks 
if I can help it. Never fear, lady-bird, you are my captive just 
now, or I am yours." 

''I like being your captive, Henry, it is good to have a pro- 
tecting arm. Your Mother was my mother 's friend, and has been 
like a Mother indeed to me. ' ' 

''And she loves you as she would an own daughter. My sis- 
ter was so far away and there never seemed much love lost be- 
tween parent and child. Constance was a trifle wayward, you 
know. ' ' 

' ' The Dutch maid, Annetze, told me of a dream that came to 
her last night. I will not tell it to you, however." 

"Not tell it to me. Sweetheart? Why this reticence?" 

Frances blushed so deeply, that Sir Henry bent over and 
gazed into her downcast eyes. ' ' Not tell it to your best friend 1 ' ' 

"No, not even to my second best, or third best, or fourth 
best." She pouted. 

Just at that moment, Lady Moody appeared on the scene. 
"Not quarreling, children, at this hour of the morning!" 

"No, just teasing, Mother," he says, "Frances appeareth to 
have a secret, and won't tell it to me. I say I am her best friend, 
and she doesn't like it." 

"0, children," and Lady Moody laughed, "Well-a-day, I am 
glad to see someone gay enough to tease. It seemeth to me the 
whole world is in a most serious mood." Taking up the roll 


of parchment, which Sir Henry had been reading aloud to Fran- 
ces, she glanced at it attentively for a few moments, fingered the 
large red seals, and then rolling it up, she tied the ribbon around 
it. She crossed the floor without saying a word to either and 
placed it in one of the pigeon holes in her desk. 

''This is indeed a precious possession, and I fear me it will 
cost me the loss of friendship of the English and suspicion of 
the Dutch. However, the Governor General standeth by me, so 
for the present I will not fear." 

''Mother, this morning a message has come, advising me of 
Governor Kieft's recall, and the coming of His Honor, Peter 
Stuyvesant, who will succeed him." 

"I fear no new Dutch Governor, or the methods he may use 
to coerce the people. I have promised to remain loyal to the 
Dutch as they grant us here liberty of conscience. It is to be 
hoped the new Governor will carry out the same. Frances, you 
have finished your stint for the day. Go you and Henry out 
for a stroll before the day lengthens ; the hour glass showeth 
how the moments fly. It is best not to venture far from the 
stockade to-day. The red men seem to have disappeared, but 
one must ever be on the alert, for those men from the crew of 
the Privateer 'Morning Star,' are wandering around and are 
hardly fit companions for a young maid. If you perchance meet 
any of them, cast your eyes down, Frances; they are a bold 
lot, and might take liberties." 

"I will go with Frances, if you wish, Mother, to look at the 
plants our neighbors have promised us, for which I will send 
Jake to fetch in the morning. Come, Frances." 

"I must look for my hood," she said. 

"Nay, no woman needs a hood, with such a wealth of golden 
hair. ' ' 

"What know you, Henry, of the maid's needs T' 

' ' In truth, I have been a quiet student of the fair sex for some 

"Tut," my Son, "well, take Frances, and go; you will be late 
for the mid-day repast." 

"Take her for good and all. Mother?" 


''Yes, truly, I would wish no better companion for my son, 
than my dear Frances. ' ' 

Laughingly, and with blushes and dimples, Frances permitted 
her little hand to be drawn through his arm, where it rested 
lightly. Lady Moody heard the ripple of laughter and the gay 
jests of the pair, as they disappeared down the pebbly garden 
path and the bushes hid them from view. She turned away to 
hide a tear, which rolled down her cheek on the black satin 
apron, while she murmured, "So young, so fair; when she is 
my own daughter, I will indeed be rich. My own child was 
never a daughter to me. How fair she is ; worthy indeed to be 
the daughter of— (she paused). Now that they have gone, I 
must visit Reverend Mr. Williams, and find if he has need of any- 
thing. Henry is not in sympathy with the Anabaptists, but the 
maid is perhaps, seriously inclined, for one in love. There are 
three couples who must be united in matrimony ; they were to be 
here by now. Ah, here they come." 

After a few moments, the maid, Dorkins, ushered Reverend 
Mr. Williams into the drawing-room. Three blushing grooms 
with their brides stood in the back of the room where Lady 
Moody had conducted them. 

' ' You come to me in a goodly time, friends, ' ' said Roger Wil- 
liams, ' ' for I go, shortly, to Old England. ' ' 

In the simple marriage service used, the three brides 
and grooms were made happy. After which Lady Moody's 
English maid, who had been her faithful follower from 
England's shores, brought out some light refreshments after 
the ceremony, seed-cakes and light currant wine, served on a 
dainty silver salver. In half an hour, the happy couples depart- 
ed, each bride having received a gift from Lady Moody, who 
kissed them as they stood to say farewell. The solemn words 
ringing in their ears, they departed as quietly as they had come. 
Turning to Roger Williams, she invited him to repair to a room, 
opening out of the wood-house, where many of the farm imple- 
ments were kept. 

"Dorkins, you can serve the Reverend Mr. Williams his mid- 
day meal there, for it is much cooler, and before the children re- 
turn, we will have a word of prayer and the reading of the Scrip- 


tnres. I have invited a few neighbors who are in sympathy, to 
join us." 

'' Surely, noble lady, you do a good work here, so near the 
wilderness!" said Dr. Williams. 

''Ah, I am indeed much interested." Turning to the maid, 
Dorkins, she said, ''see that only Master and Mistress Hubbard, 
and those whose names are on the parchment which I gave into 
your hands come into the service that Mr. Williams will hold. ' ' 

Dorkins, advancing to the door at the back of the house, greet- 
ed the several persons who were approaching through the gar- 
dens and conducted them to the low-ceiled room near the wood- 
shed. All took in silence the seats given them. Roger Williams 
rose and offered prayer, followed by the reading from the Holy 
Scriptures, and an address. No hymns were sung, but the great 
preacher spoke most ably to the handful of people. 

' ' Persecutions are rife. I myself have been obliged to seek a 
new home in Providence Plantation. Here, in New Amsterdam, 
you worship as you will and yet—" 

There was the sound of a knock on the door, but the watchful 
Dorkins made all rise to their feet. "It is better," she said, 
"that the meeting be dismissed, as two persons from the New 
England plantation have just arrived." 

Lady Deborah beckoned to Roger W^illiams to follow her. 
They passed out of the low door in the side of the room, which 
led to the dairy, and she said in a hushed voice, "May the voy- 
age to Old England refresh you in every way, dear friend; do 
not forget to remember me most kindly to all those who make 
inquiry concerning me. I shall never return to Old England." 

"It is for Conscience sake. Lady Moody. We are of the same 
mind. I return to the Old World that I may influence my broth- 
ers in Christ. I must obtain from Parliament a patent for Prov- 
idence plantation. Civil war confronts England ; the long Par- 
liament is in session." 

"Yes, truly, but the dreadful Star Chamber has been done 
away with. Charles has had to flee, and Old England is in a de- 
plorable state. Do you fear the long voyage!" 

"I am never idle, when on the deep. T have begun and shall 
finish my new book, 'The Key Into the Languages of America.' 


The Mother Country knows naught of the Indians and their 
speech; all is strange to them, but my book may, perchance, 
prove of interest. Remember, noble Lady, that kindness to these 
Indian tribes will bring in return the best results. 'God is 
Love.'" , . " 

''You will return when things are a bit more quiet, Dr. Wil- 
liams, and will find ever a welcome under my roof- tree." 

"Thank you most heartily, Lady Moody. 'May the Lord 
watch between me and thee, while we are absent one from an- 
other.' " 

So Roger Williams disappeared as his horse galloped down 
the lane, and the trees hid him from view. 


A Strange Message 

"There's never a burden so heavy. 
That it might not be heavier still ; 
- There it never so bitter a sorrow, 
That the cup would not fuller fill." 

— Helen Hunt Jackson. 

It was twilight time ; even the songs of the birds were hushed. 
A peace brooded over all nature. 

"Here at last, I can be alone," sobbed Frances, "here under 
the shade of these thick trees, I must try to regain my self-con- 
trol. So alone am I in this strange land. My father— I have a 
father somewhere, and the dear Lady Moody saith my mother, 
her old friend, must have died ; they know naught of her. ' ' She 
started and glanced around, to see if any eye could read the 
pain written on her face. ' ' Dear Lady Deborah, how I love her ; 
yet she is no kin of mine, and I must act alone. I think and 
think, but thinking does no good. Sir Henry Vane, the Gover- 
nor, would not listen when I asked him concerning my history. 
'You will know all some day. Mistress Frances,' he said, 'be pa- 
tient. ' Turning her eyes heavenward, she prayed for guidance, 
tient. ' ' ' Turning her eyes heavenward, she prayer for guidance. 
" ! my Master, help me thy poor child ; be a father and mother 
to me and show me the right path, that my feet slip not. Of a 
truth, I love Sir Henry, and he loveth me, but can I say 'yes' 
when I know not who I am? 


I must be honest, yet when I would speak, my tongue cleav- 
eth to the roof of my mouth. A chill causeth me to tremble. And 
Leslie, the friend of my childhood, hath no title. Yet what mean- 
eth a title here, in this new land? It cannot help me. What 
shall I do ? I must wait and see what the future hath in store. Yet 
tonight, by early candle-light, I have promised to give Sir Henry 
his answer. They tell me my father was a great man, and I, his 
daughter, must never shrink from duty, even if it cause a heart- 
ache." She started, as rustling in the underbrush sounded on 
her ear. Half turning her head and daring hardly to breathe, 
she crouched yet lower down, under the shade of a branch. 

''Hey-day! fair maid, you think to escape me. Are you a 
wood-nymph I Alone, T perceive." 

Frances' heart beat wildly. ''I know you not. Sir, nor why 
you force yourself upon me; I have friends within reach, al- 
though at this moment I appear alone." 

''You are the pretty ward of Lady Deborah Moody. The 
fame of your beauty hath reached even Virginia plantation. A 
lucky man am I to find you here, like a fairy Princess, here in 
the forest. I have been all day in hiding, hoping to spy your 
whereabouts. ' ' 

' ' Good Sir, what I do can certainly be of little interest to you 
or any gallant ; I pray you, leave me in peace. ' ' 

"Nay, fair Mistress, do not be so cruel; I will tell you who' I 
am— naught but one from the Privateer 'White Star'." 

The name of the Privateer ship was held much in dread by 
the Dutch. She had heard from the neighbors of the depreda- 
tions of members of the crew. Had they not tried to rob Lady 
Moody of some of the hogs? 

"Mistress, fear not; I am the Captain of the vessel, and all 
English settlers are safe from our molestations." He advanced 
toward Frances. 

"Leave me, Sir, I entreat you! if you are English, you will 
respect a countrywoman." 

"I am not a bad man, and only two days ago forbade my crew 
to touch the hogs of Lady Moody. At first I did not know they 
were her property, and came near confiscating several litters. 


As I said, I am harmless, but bear a message for yon from a 
friend. ' ' 

Frances turned quickly and suspiciously scanned the counte- 
nance of the man. He advanced a step or two nearer, treading 
under foot the tall ferns which gave forth sweet fragrance. 

"Here is the missive. I did not want to frighten you, fair 
Mistress ; you appear like a hunted fawn. Let us be friends, and 
tell me who you are." 

Frances stretched out her hand for the packet. 

''Nay, Mistress, what reward do I have for placing it in your 

' ' You have my thanks, Sir. ' ' 

''Nothing more? A kiss, perhaps." He advanced nearer and 
looked up into her face. ' ' 

' ' Nay, nothing ; begone. You are a stranger and kind to bring 
me the missive, but I pray you depart." 

Placing the packet in her hands, he replied, "At your desire 
I leave you now, fair Mistress, but you will see me again when 
you least expect; fare you well." 

The breaking of twigs underfoot told Frances she was once 
more alone. Tears filled her eyes and, turning swiftly in the op- 
posite direction, she found the little path by which she had come 
and soon was safe within the stockade. She was breathless and 
frightened. Hurrying to the house, she found the half-door 
standing open and, meeting no one, sought the seclusion of her 
small chamber. There was the four posted bedstead with its 
spotless hangings, the spinning-wheel and low chair, and the 
desk with its row of drawers and tiny shelves on either side, on 
which stood the tallow dip in a candlestick, ready for lighting. 
There were two books, bound in sheepskin— her Bible, and 
Church history. A breeze had sprung up and the curtains at 
the one window were filling up like little sails blowing into the 

Bolting the door into the passage, Frances lighted the tallow- 
dip; loosing the seals of the packet she read her letter. The 
packet shook in her grasp. The candle flickered, so she was 
obliged to close the window and draw the curtains. Some curi- 
ous eye might be watching and report the missive. Letters were 


rare in those days. The epistle ran as follows. It was in ci- 
pher, but Frances evidently familiar with the characters, could 
translate with little trouble. As her eyes followed, line by line, 
she trembled violently. 

''It is from Sir Edward Whalley. Would that I knew why 
that man taketh such an interest in me. They tell me some day 
I will know. I must not lose courage, when so much in life awaits 
me. Sir Henry loves me, but does he love me as Leslie did? The 
letter saith, Sir Edward Whalley would speak with me in secret. 
What must I do? Lady Deborah is his friend, poor Lady De- 
borah, she hath so many vexations, and troubles in her life. Ajid 
she must not carry my burdens. The epistle fell from her hands. 
Snuffing the candle, Frances sat down by her low wheel. A 
gentle knock sounded at the door, and she rose, unbolting it. Be- 
fore her. Lady Moody stood. 

*'Ah, my little Frances, when in trouble, I turn to you." 

''What, you too in trouble, dear Ladyf" 

' ' What mean you by ' you too ' 1 Your eyes look as if they had 
been weeping." 

"Yes, I weep at times, for I would know more of my father, 
and no one telleth me, and uncertainty and sorrow like a canker 
worm, eateth into my heart. What troubleth you, dear Mother?" 

"In truth, these Dutch rules pertaining to the serving men 
and maids and the slaves, make my hair turn white. So many 
servants do nowadays run away that the corn and tobacco are 
decaying in the fields. The harvest will amount to naught. The 
man and woman, Agnytie and Tennis Tomassen, fled to me for 
protection fearing their Master. I fear me I will have to pay a 
fine of fifty guilders for housing them. ' ' 

"Yes, truly, I hear this is to be divided between the Fiscal, the 
New Church, and the Informers ; His Excellency keeps a sharp 
lookout. ' ' 

"As the twenty-four hours are almost over since they came 
and as they refuse to depart, I know not what course to take. 
Ah here you are, Henry ! ' ' And the handsome face of Sir Henry 
appeared in the doorway. 

"Hey-a-day, what new trial has come. Mother!" 


"The Dutch are such devils. Order them back to their Mas- 
ters, or we will have trouble." 

"Anything, anything, dear Mother, to drive the care from 
your brow. I hate fusses." 

' ' I hate them too, but we must obey the laws of Holland if we 
live among the Dutch." 

"It will be as you wish," and Henry turned quickly away to 
hurry the unhappy pair back to their Master. 

"I look forward to the time," continued Lady Moody, 
"when the negroes from Angola, will be introduced to do the 
work of the farms. I hear they expect shortly a large cargo of 
them to arrive. There is to be a tax of fifteen guilders a head. 
One liketh not to fail in one 's duty, and yet one 's nature sof ten- 
eth toward the slave, who must work without a reward. You had 
a pleasant stroll, Frances?" 

"Pleasant, yes, the first part, but Sir Henry was called off to 
one of the neighbors who needed his advice, and I wandered into 
the woods by myself. ' ' 

"A most unsafe thing to do just now, when the 'White Star' 
pirates are abroad." 

"It was a bit unsafe ; I had a fright, for one spoke to me, and 
looked right boldly into my face, saying words I like not, and 
asking my history." 

' ' I told you, maid, to beware ; ' discretion is the better part of 
valor.' One is never safe from these prowlers. Tell me; what 
else happened?" 

' * The man handed me a sealed packet. ' ' 

"Let me see it, Frances. I would not pry into your affairs, 
my child, but am a bit suspicious coming as it did. Ah, in ci- 
pher," Lady Moody said, scanning the contents of the epistle, 
"and from Sir Edward Whalley." 

"Read, dear Mother, and tell me what to do." 

' ' Ah, he is ill. We must obey him, my child. In the morning, 
when unobserved, we will make our way into the passage now 
known to you. He saith an Indian maid saved his life and car- 
ried him there. We can tell Sir Henry when we return as to the 
interview, and Dorkins will say that we have gone to see the 
little Holmes girls whom you failed to reach sometime since. 


Henry cannot bear to have you, child, out of his sight. My lit- 
tle girl will say 'yes' to my big boy? Ah, Frances, you are in- 
deed like my very own. ' ' 

"Dear Lady Moody, I fear to grieve you. The unknown past 
shadows the present. I have no right to let the shadows rest on 
those I love." 

''Ah, no, little Frances, that maketh no difference— the ques- 
tion of birth. You are my child, now, and will be really my own 
child, some day." 

The girl burst into a violent fit of weeping, and Lady Debor- 
ah, putting her motherly arms around her, drew the girl's head 
down upon her breast. Their tears mingled, and from both 
hearts a prayer went up for guidance. 

Historic Views and Reviews 

Humorist of the Bench 

* * Justice Plowden of London, famous for the rare humor and 
good sense with which he seasoned his judgments, has resigned 
his place as magistrate at Marylebone and retired after twenty- 
six years' service in that position. For years he was con- 
sidered the humorist of the bench, and his aphorisms came to be 
known as 'Plowdenisms.' In 1903 he published a book with 
many wise sayings, to which was given the title, 'Grains of 
Chaff. ' A typical case of Plowden justice is the following : 

' ' A girl 15 was before him on a charge of loitering for the pur- 
pose of betting. The police stated that the girl went about on 
her bicycle collecting betting slips and money for her father, who 
was a commission agent. 

''Mr. Plowden, addressing the girl, said: 

" 'You have had a trying experience. I want to tell you that 
you have done nothing wrong at all. You have simply done what 
any little girl ought to do— you did not know you were doing 
wrong, and therefore you may go away and need not let this 
experience weigh upon you at all. Forget all about it and go on 
obeying your father, and you will come to no harm. ' 

"Then turning to her father, Mr. Plowden fined him £10."— 
Indianapolis News. 

Rheims Cathedral— and Metz 

' ' We shall probably find the occurrences at Rheims a repetition 
of what happened at Metz in 1870. There, during the siege, the 
French established a military observatory in the steeple of the 



cathedral. Warned that its character would not protect the 
building, if misused for military purposes, the French still kept 
on misusing it, whereupon the German artillery rendered the 
steeples uninhabitable and inaccessible. 

''Then, as now, an outcry against 'German vandalism' was 
sent out by the French, into a shuddering world. But soon after, 
when the Germans had got possession of the cathedral, they im- 
mediately went to work on its restoration. The numerous one 
and two-story houses which the French had built up against 
the cathedral, using its walls as part of the houses, were cleared 
away. One of these rookeries was found to be a beautiful 13th 
century portal that had been closed up by brick walls and rented 
as a grocery store. The west front was freed of its rococo dis- 
figurements. After ten years of restoration, based on painstak- 
ing and loving study of the monument itself and of its contem- 
poraries, the cathedral appeared again in its original glory, and 
was rededicated in the presence of the then Emperor Wilhelm I 
and of a representative of the Pope. 

"The writer knows whereof he speaks, because, as a young 
student, he took part for some time in that work. 

' ' Regarding Rheims, we are told of the removal by the French 
from the cathedral, before it was made the target of the Ger- 
man artillery, of the old tapestries with which it was decorated. 
Considerable time must have been consumed in taking down, roll- 
ing, and removing them. It would have been too late to begin 
with that when the bombarding began; they must have had 
warnings of what was going to happen, and they would not 
have been warned, had they not, as at Metz, misused the cathe- 
dral for military purposes. Mr. Delcasse's contrary assertions 

"By the correspondent of the London Daily Telegraph, who 
saw the cathedral twice after its bombardment, we are further 
told that it can be restored, and that it is not the shapeless heap 
of debris Mr. Delcasse would have us believe. Merely the steeples 
have suffered and the main building in spots, the latter damage 
possibly caused in finding the range of the top of the steeples, 
another proof that no more was intended and done than to 
destroy their military usefulness. 

"War is no parlor game/ ^— New York Post. 


j "Unanimous Jury Verdicts 

''The disagreement of the jury in the case of Hans Schmidt, 
the New York priest, on trial for the murder of the AumuUer 
girl, has provoked widespread criticism. It has led to the inquiry- 
ought the verdict of juries in criminal cases to be unanimous? 
Or, will less than a unanimous verdict satisfy the ends of jus- 
tice, protect the reasonable rights of the accused, and conserve 
the interests of society? 

''The subject is not new and has frequently engaged the at- 
tention of penologists and of others who have given the matter 
much thought and investigation. And it may as well be admitted 
that there is no very general agreement upon the subject. 

' ' It would seem, however, if the death penalty were not to be 
inflicted, a less than unanimous verdict ought to satisfy the ends 
of justice and sufficiently protect the rights of the defendant. 
So many persons who sit on juries that will hesitate to convict 
where the verdict means death, would not do so, if life imprison- 
ment or a term of years in prison were the punishment. In 
such cases, a disagreement often follows. 

"The question, too, is asked what number less than a full jury 
shall be necessary to convict or acquit? In other matters, a ma- 
jority rules. In the case of juries ought a two-thirds or three- 
fourths of the 'twelve men and true' be sufficient, if the 
theory of majority rule has any significance at all? 

"The weight which is given to 'expert' testimony in criminal 
trials, testimony which has been secured on a dollar basis, has 
resulted in much confusion and often a miscarriage of justice. 
Such testimony, while it might convince one or a few members of 
the average jury, would find it difficult to convince all or the 
majority of the jurors. This would be especially true if the 
death penalty was not in force. 

"In the instant case, one of the New York papers says the 
employment of 'expert' medical testimony to establish the insan- 
ity of the accused was hardly less a scandal than in the Thaw 
case. Whether it was that 'expert' testimony which induced 
two jurors to hold out for acquittal is not known, although the 
other ten say through the foreman that 'we consider them (the 


two) mentally, temperamentally and morally unfit for jury duty.' 
If this criticism be well founded, what virtue can there be in a 
unanimous verdict!"— Editorial by Duane Mowry, in the Mil- 
waukee Daily News. 

Beitain's Oldest Paper 

''Modern newspaper enterprise has somewhat dwarfed the 
importance of the London Gazette, Britain's oldest newspaper, 
which for 250 years has officially chronicled the history of the 
country. Today it is practically only used for such announce- 
ments as the King's birthday, honor lists and legal notices. Time 
was, however, when the Gazette was the only medium through 
which the public could learn any foreign news or any public 
announcement which royalty and statesmen had to make. 

"Nowadays such announcements, while being sent to the Lon- 
don Gazette, are simultaneously communicated to the more im- 
portant newspapers. But even today the London Gazette is con- 
trolled by the government, and a particularly watchful eye is 
kept on the advertisements in its pages, which are regulated by 
law. These advertisements are mostly of an official or legal 
character, of which it is necessary to keep a record, and earn 
for the nation about $60,000 a year. No great manufacturer 
could obtain a puff in its pages, even though he were willing to 
pay $50,000 a line for it. Altogether, the Gazette yields to the 
country a profit of about $100,000 a year, although practically 
the only people who buy it are government officials and lawyers. 

' ' One of the most curious facts regarding the London Gazette 
is that while it is Britain's oldest newspaper, it is also one of the 
youngest, in the sense that it was not until 1908 that it was regis- 
tered at the general post office for transmission by inland post 
as a newspaper. Previously it had been regarded as a govern- 
ment publication only, and was dispatched 'O.H.M.S.'— in this 
way, escaping postal charges altogether. But apparently the 
government saw a way to reap a few extra halfpence by having it 


^'The Gazette varies in size very considerably. Sometimes it 
consists merely of one page, and sometimes of between 400 and 
500, but the price always remains the same, viz., 1 shilling. 
There was one memorable week in 1847, which was known as 
the ' Railway Year, ' when so many parliamentary notices had to 
be published that the Gazette for the week totaled about 3,000 

' ' One of the most interesting numbers of the Gazette ever pub- 
lished was the Diamond Jubilee number, the whole paper being 
devoted to an official record of that historic celebration. 

' ' As an illustration of the importance of the Gazette in the old 
days, it might be mentioned that as recently as the Crimean war 
the Gazette was the first to publish that important item of news, 
the victory of Alma. At one time the London newspapers had 
to wait for the publication of the Gazette in order to secure such 
news of public importance as the list of casualties, which the war 
office in those days sent direct to Fleet street^ ^—Philadelphia 

o3a oJ/a fi^S oSa SmLc 

"St *T^ *5r "55^ "^ 
Territorial Days in Wisconsin 

[Much interest having been aroused by the article, "The Territorial Supreme 
Court of Wisconsin and its Judges," which appeared in the September number of 
Americana, the following, regarding that State before its entrance into the Union, 
has been sent us by Julia A. Lapham, Secretary of Waukesha Co. Historical Society, 
Oconomowoc, Wisconsin ; the article is taken from a description given in the 
Madison (Wisconsin) Democrat, of the exercises at the dedication [under the 
auspices of the Federation of Women's Clubs] of the marker placed on the site of 
the first Wisconsin capitol at Belmont, and the interesting historical data given 
below are culled from the speech made at that dedication by Dr. Reuben Gold 

When Wisconsin became a separate territory, in 1836 (it 
formerly having been an integral part of Michigan territory), 
there were four chief centers of population within the bounds of 
the present state. These were Green Bay and Prairie du Chien, 
which depended on the old fur trade; Milwaukee, whose inter- 
ests were agricultural and lake shipping, and Mineral Point, sur- 
rounded by a group of lead mine camps. 

Between these centers there was fierce rivalry over the loca- 


tion of the territorial capital, for in those days there was an ex- 
aggerated notion as to the importance of the capital to the dis- 
trict in which it was situated. There were 16 principal appli- 
cants for this honor, representing almost every important sec- 
tion east and south of the Fox- Wisconsin rivers; among these 
and quite confident of success, was the little hamlet of Belmont, 
in LaFayette county, which had hastily been erected to accom- 
modate the first legislative session. The village consisted chief- 
ly of four small buildings— a council house or capitol, a building 
for the sessions of the supreme court, a residence for the gover- 
nor, and a lodging house for members of the legislature. The 
capitol, necessarily the largest of them all, was a two-story struc- 
ture, with the "battlement front" common to business buildings 
in American frontier towns then and now. The council, or up- 
per house, occupied the ground floor and the house of represent- 
atives the top floor. This is the building still to be seen at old 
Belmont (now Leslie), but on a site some 200 feet distant from 
its original location, and now in a much decayed condition and 
used as a cattle barn. 

But Belmont's claim received scant courtesy at the hands of 
the legislature meeting within its limits. James Duane Doty, 
federal judge of the district west of Lake Michigan, a man of 
commanding influence throughout this region, was interested in 
several town plats that existed chiefly on paper, and none of 
which contained even the most primitive form of hmnan habita- 
tion; in several of these land schemes, his financial partner was 
Stevens T. Mason, governor of Michigan territory. Among these 
"paper towns" was the "City of Four Lakes," where are now 
Livesy 's S priugs, on the west shore of Lake Mendota ; this; tract 
had been platted under Doty's orders, in the sunmier of 1835, at 
a time when he was conducting in congress his active campaign 
for the erection of the new territory. Another of his schemes 
was Madison on the isthmus between Lakes Mendota and Mo- 
nona; this was as yet unplatted. Doty's first choice was the City 
of Four Lakes ; but when he saw that the majority of the legisla- 
tors favored Madison, he abandoned the former and threw the 
weight of his influence in favor of Madison, which after a month 
of filibustering won out. 

History of the Mormon Church 

By Bbigham H. Roberts, Assistant Historian of the Church 


Judicial Crusade 1872-1877. Bates-McKean Embroglio— Of- 
ficial Corruption Among Utah Federal Officials— Anti- 
Mormon Congressional Legislation— The Poland 
Law— Prosecutions for Polygamy— The Young 
vs. Young Divorce Case— Imprisonment of 
Brigham Young— McKean Dismissed 
from Office — A Malicious Prosecu- 

THE natural order of things following the Supreme 
Court's decision would have been the retirement of 
Judge McKeau, by resignation or removal; but not- 
withstanding efforts were made to bring about 
his removal President Grant still sustained him. Fidel- 
ity to friends, even when in the shadow of disgrace, was 
a virtue run to seed in the great General, then the President 
of the United States, and McKean 's official life in Utah was 
prolonged for some time; to come later, however, to a more 
inglorious ending. Before the reversal he received by the deci- 
sion of the Supreme Court in the Englebrecht case, Judge Mc- 
Kean had enjoyed special privileges in the matter of a hearing 
before the American people. Mr. Godbe had been induced by 
Mr. T. H. B. Stenhouse, who, as before noted, had been a mem- 
ber of the New York Herald staff, to import to Salt Lake City 
a Mr. Oscar G. Sawyer, also connected with the New York 
Herald staff, to take editorial management of the Mormon Tri- 
bune, organ of the schismatic Mormon Elders led by Godbe, 



wliicli soon after Sawyer's arrival dropped the prefix ''Mor- 
mon" and became simply The Tribune, and bitterly anti-Mor- 
mon. Mr. Sawyer, was retained by the New York Herald as 
its Utah correspondent with well-nigh unlimited telegraphic 
space at his command. Mr. Sawyer could thus through that, 
at the time, prince of New York journals, practically control 
public opinion in the United States. According to the state- 
ment of Mr. Tullidge, in his History of Salt Lake City, also at 
the time here referred to a member of the Tribune staff, and 
cognizant of all its affairs as being an associate with the found- 
ers of the Tribune,— it was the custom of Mr. Sawyer to allow 
Judge McKean to write editorials for the Tribune supporting 
his own court decisions. A few excerpts from Mr. Tullidge 's 
statement is at this point enlightening: 

"It is a matter of great importance to Chief Justice McKean 
and the U. S. prosecuting attorneys, with such a programme as 
they had designed to execute in 1871-2, to have the Salt Lake 
Tribune under their dictatorship and in their service, with the 
understanding, not only among journalists in the eastern and 
western states, but in the mind of President Grant and his cab- 
inet, that the Salt Lake Tribune was the organ of the seceding 
Mormon elders and merchants. With this explanation, be it re- 
peated. Chief Justice Jas. B. McKean was permitted by the man- 
aging editor, Oscar G-. Sawyer, to write editorials for the Salt 
Lake Tribune, sustaining his own decisions ; while Sawyer, as 
shown in his telegrams to the New York Herald, relative to the 
arrest of Brigham Young and the alarming circumstances of the 
hour, could communicate the secrets of the grand jury room, 
and the business marked out by the judge and prosecuting at- 
torneys for the coming week, his telegrams dated three days 
before the indictments were made known to the Salt Lake pub- 
lic and the arrests effected. With this power in their hands to 
create public opinion not only in Salt Lake Ctiy, where it would 
have been comparatively of little consequence, but in the eastern 
states, and in the sanctum of the White House, the judge and 
prosecution, who were arraigning 'Polygamic Theocracy' and 
trying 'a system in the person of Brigham Young,' held a most 
unlawful advantage. ' '^^ 

The course of Mr. Sawyer in thus conducting the Tribune so 

62. Hist. Salt Lake City, p. 589. 


wholly in the interests of the Anti-Mormon party brought strong 
protest and mutiny in the editorial staff. A private meeting of 
the board of directors was called, and Mr. E. L. T. Harrison of 
the board charged that Mr. Sawyer had turned the Tribune in a 
new direction, and had given it other aims and purposes from 
those for which it was established; "but above all, he im- 
peached the managing editor on the specific charge of having 
permitted Judge McKean to write editorials sustaining his own 
decisions. The conclusion of the matter was that Mr. Sawyer was 
permitted to resign because of " a journalistic incompatibility, ' ' 
existing between himself and the directors. This according to 
his editorial valedictory. But the true reasons for his resig- 
nation, are found in the sustained charges by Mr. Harrison 
as above given. 

After the severance of the relations of both Judge McKean 
and Mr. Sawyer from the Tribune, and the natural tendency to 
discredit the judge by the press of the country after the deci- 
sion of the supreme court, he lost much of the advantage he 
had hitherto possessed. A fierce conflict arose between him and 
the district attorney, charges and counter-charges were made by 
both the judge and the district attorney; by the former from 
the bench as we have seen; and also in person at 
Washington; and by the district attorney through the 
press of the East.^^ President Grant, as already stated, 
requested the resignation of Mr. Bates, which the lat- 
ter declined to hand in because there were no charges pre- 
ferred against him. This before the decision of the Supreme 
court was rendered. After it was rendered, so clearly vindi- 
cating the district attorney's views, and so completely revers- 
ing Judge McKean 's procedure, of course the Bates resigna- 
tion could not be further pressed, nor could he be removed, at 
least not immediately. But the differences between the judge 

63. See Washington correspondent of the Chicago Post under date of Jan. 
29, 1872. The correspondent states that from other sources than Mr. Bates he 
learned that "the chief troubles with Judge McKean is that he has a 'mission' ;" that 
"he was at one time a Methodist preacher, and he seems to be unable to get out 
of his clerical harness, or separate old time denominational enthusiasm from his 
judicial duties." The Chicago Post article is published in Deseret News-Weekly of 
March 13. 1872, and in the Omaha Herald of 19th of June, 1872. See also Art. in 
Omaha Herald of 19th of June, 1872 published in Mill. Star., Vol. XXXIV, p. 454; 
and art. in N. Y. Herald of April 26th, 1872; reproduced in News of May 8th. 


and the attorney increasing, and their antagonism growing in 
bitterness, the President on the 10th of December, 1872, re- 
moved Mr. Bates, and appointed Mr. William Carey, of Illi- 
nois, to be United States district attorney for Utah.^^ This act 
severing the official relations of Judge McKean and Mr. Bates, 
now gave the latter larger freedom for criticism of which he 
made a most vigorous use. 

In a signed open letter to President Grant which first ap- 
peared in the Salt Lake Herald, but summarized for the press 
dispatches, Mr. Bates after expressing high regard for the Pres- 
ident, but deploring the ease with which he was imposed upon 
by corrupt politicians, says, in regard to this weakness of the 
President's as it affected Utah affairs: 

''Your entire administration of affairs in Utah, your special 
message to congress, and many of the most important appoint- 
ments made by you here, have all been the result of misrepre- 
sentation, falsehood, and misunderstanding on your part of the 
real condition of affairs in this Territory. . . . 

. . . In other communications, soon to be made in every 
instance accompanied by the evidence, I will demonstrate how 
other distinguished officers have bought their offices, how you 
were made a mere catspaw by corrupt senators and representa- 
tives, to send officers here whom you would not have trusted 
among your horse blankets in the executive stable. "^^ 

McKean in rendering his decision in what was known as the 
Haskius mining case, undertook to discredit the former dis- 
trict attorney in the latter 's charges of corruption in connec- 
tion with the Utah federal appointments, made in his open letter 
to Grant. In his testimony in the aforesaid Haskins case Mr. 

64. "Mr. Bates" said the Dcscrct News, "in the discharges of his official duties," 
has conducted himself in a gentlemanly manner, and probably his cliief offense 
to the 'ring' is that he never lent himself to their unworthy policy and purposes, 
but has endeavored to discharge the duties of his office in an evenhanded, im- 
partial way." (Deseret News — Weekly — of Dec. i8th, 1872, p. 700). 

65. The communication appears in full in Mill. Star, Vol. XXXV, p. 241, 243. 
The purpose of this "open letter" was to defeat the appointment of one Wm. W. 
Mitchell of Michigan for associate justice in Utah. Mitchell was appointed how- 
ever, January 9th, 1873; but was superseded in March following, and never was 
installed in his office. lie threatened Bates with a suit for libel in the Michigan 
courts, for what the attorney had i)ul)lished in the open letter to Grant. Bates 
employed counsel and instructed them if suit was filed to enter his appearance. He 
volunteered to go frnni Salt Lake to Grand Rapids to meet the issue. Mill. Star, 
Vol. XXXV, p. 25s). Nothing came of it. 


Bates testified that ''he knew nothing of the case now under 
examination, nor of any official corruption in the Territory 
that would implicate any one in the case before the court;" 
whereupon, in rendering his decision, Judge McKean said that 
Mr. Bates had ''caused telegrams and letters to be pub- 
lished in the papers that there had been official corruption," 
but, when called upon he '^ confessed that he knew nothing about 
any official corruption whatever, of any official, whatever — in 
the matter. "^^ This attempt to discredit the veracity of the 
former district attorney brought on a crisis between the parties 
and Mr. Bates soon afterwards published serious and specific 
charges of corruption among the Utah federal officials. These 
<3harges appear over the signature of the former district at- 
torney in the Salt Lake Herald of July 20th, 1873.6^ 

It is proper to consider at the outset the question which nat- 
urally arises and which Mr. Bates considers near the close of 
his article, viz: why were not these charges brought before a 
grand jury for investigation, rather than committed to the press 
of the country? Mr. Bates replies: 

"The answer is plain: because the clerk of the court here 
would not issue a venire demanded by me, and the court would 
not order it done. All this I reported to the [U. S.] attorney- 
general last fall. The names of the witnesses to prove the facts 
here charged, and of the officers against whom the accusations 
are laid, will be furnished to the U. S. district attorney when- 
ever he will summon a grand jury to enquire into offences 
against the laws of the United States ; or to a committee ap- 
pointed by congress to investigate into the matters involved." 

The N. Y. Sun correspondent referred to put this situation as 

66. Salt Lake Herald of June 21st, 1873. commenting on the matter the Her- 
ald said: "He (Jvidge McKean) took occasion ... to reflect on Mr. Bates' 
evidence, and so far tortured that evidence — according to his reported language and 
the reported testimony of Mr. Bates — that an impartial, unprejudiced person would 
be apt to think that the Judge had been guilty of a deliberate misstatement." (Id.) 
Also Mill. Star, Vol. XXXV, p. 476. 

67. Much of the matter, nearly all— in Mr. Bates' signed article in the Salt 
Lake Herald of the 20th of July, appears also in a lengthy article by a special cor- 
respondent in Utah of the New York Sun, under date of Salt Lake City, July 23rd, 
1873. I shall use both these articles in the condensed presentation of the subject 
in the text. The signed article of the Salt Lake Herald will be found in Mill. 
Star, Vol. XXXV, 529-532. The Sun's Correspondent's article Ibid., pp. 580-83; 
and 587-8. 


follows : ' ' McKean has practically disregarded the Supreme 
Court decision, and has merely refused juries instead of im- 
panneling them illegally. "^^ 

After reciting his previous appointments by the general gov- 
ernment to offices in California, and his appointment to Utah, 
Mr. Bates says in his signed charges: 

''Having entered upon the duties of the office, I found the 
court composed of three judges ; against one of whom the 
Chicago Times has recently furnished the charge and evidence 
of bigamy f'-^ another of whom it is proven by the records of our 
court here, to have bought his office for a note yet unpaid, and 
whose whole judicial career was a grave scandal on temperance, 
justice, and morality -^^ and lastly, the Chief Justice. 

J > 

68. And this refusal to call either grand or petit juries for investigation or 
trial of cases McKean persisted in to the scandal of the Territory, up at least to 
Feb., 1874; as witness his own declaration to that effect in a communication to 
Col. H. A. Morrow, commandant at Camp Douglas, under date of Feb. 6th, 1874; 
Deseret News — Weekly — of nth of Feb. Also Editorial of the News Id., p. 25. 

69. This was Judge Hawley, and the charge, startling under the circumstances, 
was true. The Chicago Times article is reproduced in Mill. Star, Vol. XXXV., 
pp. 481-4. The charge was first published in the Salt Lake Herald. Judge Mc- 
Kean as he mounted the bench one morning saw it in the Herald lying on his desk. 
He read it through. It is said by the Chicago Times report than he was greatly 
enraged. "He sprang to his feet and shouted to the marshal to call in the grand 
jury. [He had by this time found it possible to have juries]. The official did as 
directed. The jurors took their places with respected awe in the chairs provided for 
them. The court then said, in substance: * * * The Salt Lake Herald charges 
Judge Hawley with having more than one wife. It intimates that he is guilty of 
adultery and fornication. It insinuates that he is a fraud and a hypocrite, and that 
he does not provide for his family. This court must purify itself before it can 
try other people. You must now indict Judge Hawley for bigamy, or John T. 
Caine, editor of the Herald for libel. You must now retire." 

Mr. Caine was promptly indicted for libel by the obedient jury, but the case 
never came to trial. 

[Messrs. Sloan and Dunbar were included in the indictment. — Edrs. Herald]. 

A search was instituted among the records of the superior court of Cook 
county, by Mr. Caine. The transcript of a proceeding for a divorce was obtained, 
and a copy of an alleged decree. It was subjected to judicial criticism and inspec- 
tion, and discovered to be irregular and fraudulent, and that it had not been ob- 
tained as the law prescribes; in short, that the defendant, Cornelia M. Hawley, 
was not legally divorced. Mrs. Hawley was also hunted up by the Mormons. She 
consented to be present at the trial of the libel suit when it should come off, and 
to claim the immaculate judge as her husband. 

"The result of this exposure of the domestic eccentricities of the pharisaical 
judge brought down upon his head the malediction of the entire opposition press 
of the country. Judge Hawley shortly afterward resigned and slunk away into 
obscurity." (Chicago Times. Art. reproduced in Mill. Star, Vol. XXXV, p. 481-4). 

70. The charges are true. The Judge was Obed F. Strickland. The facts 
relative to his purchasing the judge.ship are set forth in the S. L. Herald. At the 
time the commercial transaction occurred Thomas J. Drake held the office of as- 
sociate justice of Utah, and had a little less than a year of unexpired term. Drake 
did not intend to ask for reappointment as he had become unsavory in Utah as 
set forth in previous chapters in this History. Under these circumstances Strick- 


Both Hawley and Strickland resigned in the winter of 1873, 
and were succeeded by the appointment of P. H. Emerson, of 
Michigan, 10th of March ; and Jacob S. Boreman, of West Vir- 
ginia, 20th of March. 

Coming to other and more serious charges of corruption 
against these judges and other federal officials, I quote Mr. 
Bates' own language, as published in the New York Sun: 

"First— I aver that most grave charges of official corruption 
against two United States officials of Utah were preferred to 
the attorney general by telegraph in 1871 ; the charges were 
in sitting in judgment in mining cases where they were them- 
selves interested and that an order was issued to investigate 
the charges made, and if found true, to remove them both; but 
before the order was executed the Rev. Dr. Newman intervened 
at Long Branch, [where President Grant temporarily resided] 
and the matter was dropped. The telegraphic charges were 
from a United States Senator, and were on file a year ago in 
the Department of Justice, and are there now unless ab- 
stracted, "^i 

land, "sadly in need of an office'' met Drake in Washington and in consideration 
of a note of hand for the amount of one year's salary — which Drake had yet to 
serve — $2,800, Drake interested himself in Strickland's afifairs and secured for 
him the appointment. "But alas for judicial honor! Once installed on the bench 
Strickland refused to honor the promissory note," (which was to be paid in four 
yearly installments) and Drake at the end of four years brought suit to collect it. 
Strickland "puts in an answer in the shape of a demur, to the efifect that the 
contract is void on grounds of public policy." The whole case is published in the 
Semi-Weekly Herald of April 19th, 1873, with names and dates in full. "Com- 
ment," said the Golden Era, of April 27th, after detailing the story — "comment on 
such a case is superfluous. Language fails to do justice to the subject." Of the 
transaction the N. Y. Sun said: "There can be no doubt that this note is void and 
worthless, for the reason that it was given for an immoral consideration, but it 
is valuable as showing the corruption which under Grant's administration extends 
from the executive departments and from Congress, and carries its foul conta- 
gion into the judiciary. To Judge Sherman in Ohio, Judge Delahay in Kansas, 
and the drunken Judge Dureli in Louisiana is now to be added this Judge Strick- 
land in Utah ; and it also appears that Chief Justice Titus of Arizona was present 
while Strickland made his bargain with Drake, and approved of the corrupt trans- 
action. (New York Sim article is copied in Mill. Star, Vol. XXXV, p. 358). 

71. "The 'two United States officials' referred to," says the New York Sun's 
correspondent, in his comments upon this charge, "were Judges McKean and 
Strickland." The latter had been 'located' by the alleged discoverer, in a valuable 
mining claim in Ophir district. East Canon, known as the 'Silver Shield.' The 
same ground was claimed by other parties, as having been previously located by 
them in conformity with the district mining laws, as the 'Velocipede.' Strick- 
land sold out his claim to McKean for a trifling sum, and when litigation arose 
between the Velocipede claimants and the Silver Shield claimants. Judge Mc- 
Kean being one of the latter, he politely turned over the hearing of the case to 
Judge Strickland, also a party interested; and all the litigation had in the matter 
was before Strickland, who had sold to McKean and was believed still to have an 


(Second) ''I aver that large peculations of the mails and post 
office have occurred here since I came, in one instance, a pack- 
age of $10,000 being lost; that time after time, money orders 
have been stolen, and yet no one has ever been prosecuted for 
these offences. In one or more instances clerks detected in rob- 
bing the mail have been permitted to go, and crimes, if not ac- 
tually condoned, have been overlooked. "'^^ 

(Third) "I aver that large bodies of coal lands worth a heavy 
amount of money, not in market at all, have been illegitimately 
spirited away under false pretences, and are now held against 
the United States as private property by a combination of 
those who bought them at one dollar and twenty-five cents per 
acre in fraud of the laws of the United States, and that even 
now this process of robbing the United States of its coal land is 
going on."'"^ 

(Fourth) ''I aver and charge that the timber lands of Utah 
during the last eighteen months have been stripped, in utter 
violation of the laws of the United States and a circular pub- 
lished by me as United States district attorney, from the Land 
Department, and that no attempt has ever been made to en- 
force the laws of the United States against such trespasses upon 
the public lands." 

I Fifth) "I charge that a Government official of Utah pur- 
loined from my desk, during my absence at the east, a public 
document belonging to the archives of the Attorney General's 
Department, had it copied, then certified to by other officials, 
and then sold it to a New York newspaper for money. ' ' 

(Sixth) "I further charge and aver that in 1872 a corrupt 
bargain was made in this city between two of the leading officials 
of Utah, by which a large sum of money was to be, and was ac- 
tually put in a bank in this city, and also a bond payable out 

actual interest in the mine, or McKean, who had bought from Strickland. The 
result was a compromise by which the Velocipede claimants felt they were robbed 
of their just rights; but as there was no chance for an impartial trial they bit their 
lips, swore roundly, and accepted the alternative. Wm. M. Stewart. United States 
Senator from Nevada, was the party that preferred the charge by telegraph, and 
instructions, it is understood, were given at the time for the removal of both, but 
ecclesiastical influence triumphed." 

']2. "The gravest part of this, perhaps," comments the Sun's correspondent, 
"lies in the fact that justice is obstructed by McKean, who will not allow a grand 
jury to investigate such offences, nor indeed any violations of law. in his district. 
The United States marshal is here, fully empowered to draw jurors; government 
is willing to pay for the six days of each term prescribed by law; the jury law of 
the Territory is sustained by the decision of the Supreme Court, but no order for 
a grand jury issued from the clerk's office, and criminals go unwhipped of justice." 

•JT). "This" says the Sun's correspondent, "implicates Maxwell, the Registrar 
of the Land office here; Overton, Receiver of Public Moneys, and others; though 
it is alleged that Maxwell has been made a tool of and has not received his share 
of the plunder." 


of the products of a certain mine, whenever an injunction 
should be granted, and a receiver appointed by the other official 
in that case; that a retaining fee was paid to the person who 
was to manipulate the matter; that an argument was heard in 
the cause, the injunction and receiver refused, and thereupon a 
different arrangement was made. Is this official corruption in 

(Seventh) ^'I charge and aver that information was given to 
a late judge of the Territory, to myself and many others of the 
citizens of Utah, by a leading agent of one of the largest and 
wealthiest firms in the United States, of a much graver offence 
against one of the United States officers, at that time, and the 
name of the informer, the character of the crime, and all the 
circumstances were given. This charge had reference to a case 
in court involving large sums of money, in which it was also 
said that a sham trial took place after the real issues had been 
first settled between the parties in the suit."^^ 

74- "To fully explain this charge," wrote the Sun's correspondent, it will be 
necessary to say that the Flagstaff mine. Little Cottonwood, is held to be one of 
the richest in Utah, its shares being at present some thirty per cent, premium in the 
London market. J. W. Haskins, of Vallejo, California, well known in the west 
as "Prior Titles," from his penchant for purchasing old mining titles and then 
laying claim to the property on the strength of them, in this way preferred a claim 
to the Flagstaff mine, as he had done to the Emma. He sought an injunction 
against the Flagstaff Compan}-, and believed evidently that the shortest way to 
obtain it was by purchasing judicial and official influence. So he retained Gover- 
nor Woods as an attorney in the case, paying him, if I am not mistaken, $635 as 
a retaining fee, with a promise of $5,000 more. It being understood that the Gov- 
ernor has power to re-district the Federal Judges when he deems it necessarj^, it 
was probably considered that such an influence might have its weight with the 
immaculate Strickland, who by a perverse decision might render himself liable to 
be sent to Beaver away in the southern part of the Territory, where there was 
little civilization and where whiskey was dear and not very plenty at that time. Be- 
sides this, it is said that Haskins agreed to have $60,000 forthcoming in the event 
of a decision "according to law and justice," which meant the granting of the in- 
junction. He accordingly deposited $10,000 in cash in one of the banks in town 
and a bond for $50,000 more to meet his obligation. But it is believed that the 
Flagstaff Company "went him two better," and, not troubling themselves with 
bonds, put up $62,000 in cash. I need scarcely say that Mr. Haskins failed to get 
his injunction. Shortly afterward Judge Strickland, from his very liberal salary 
of $3,000 a year, was able to purchase a handsome residence in Provo, at a cost of 
some $8,000, and other addenda requisite to maintain the dignity of a judge. This 
is the same Judge who bought his position from his predecessor, T. J. Drake, of 
Michigan, giving his note for the price — $2,800 — which is not yet paid — and who 
while judge, when on a drunken spree, went into a lager beer saloon in this town, 
impanelled a mock jury, and went through the formality of holding court with all 
imaginable drunken gravit3% and to the infinite pleasure of the assembled crowd. 
He was never removed, but held the position until he resigned last v/inter." Id. 

75. "In this accusation," says the Sun's correspondent, "we have perhaps the 
gravest of all.^ li your readers can imagine a private conference in the Astor 
House, New York, between one of the shrewdest of far Western Senators, a New 
England banker of notoriety as a keen mining speculator, and a Utah judge, whose 
record was even then tainted with corruption, in which future judicial decisions had 
to be considered, they may be able to arrive at a conclusion not far from correct. 


(Eighth) ''I further charge that in the spring of 1872, by rea- 
son of illegitimate conduct on the part of one or both officers of 
the Indian Department in this Territory, the Indians were com- 
pelled to buy their food at enormous prices, were finally starved 
out, and so left their reservation, came down to the settlements, 
begged and roamed about, until an Indian war was imminent, 
and nothing but the wisdom and prudence of Gen. Morrow and 
the keen sagacity and gallantry of Gen. Ord prevented it."'^^ 

''Mr. Bates," says the Sun's correspondent, in his closing 
comments on the charges, ' ' might have charged much more, and 
have fallen short of the facts." 

"The President has had the character of these officials laid 
before him; he is fully informed of their robberies and disre- 
gard of law or official obligations; but they remain here, as 
Casey does in Louisiana, and as scores of others do in various 
offices, held there by the influence of favorites or the strength of 
kinship, with the prospect of continuing in place as long as the 
President himself." 

President Grant's good, easy nature in political affairs, his 
susceptibility to the influence of political friends, many of whom 
were evil-minded and corrupt, is notorious up to the point of 
being a national scandal, and is well sustained by history."^' 
This well-known historical fact lends strong support to the 

To publish detailed facts of the matter at present would defeat the ends of justice, 
but the people have a right to demand that the whole shamelessly corrupt trans- 
action — of which the Brooklyn records will furnish part of the evidence — should be 
sifted to the bottom." {Id.) 

76. On this point see this History, Ch. cv. Where this charge of Mr. Bates 
is sustained by the facts of history as there developed. 

yy. "The second term of President Grant, it must be admitted," says a great 
History of the United States, "justified to some extent the evil prophecies of those 
who believed that the General's easy, good-nature and his unacquaintance with civil 
afifairs would open the gates to doubtful schemes and schemers. As lime wore on, 
many of the rumors of alleged hidden scandals and official corruption were dis- 
pelled, but serious and unhappy disclosures did subsequently shock the people. 
Changes in the cabinet of President Grant also served to unsettle popular confi- 
dence in the Administration and occasion much uneasiness as to the causes which 
underlay these goings and comings of the President's advisers." Then follows 
several pages detailing the many cabinet resignations that took place, many of 
which "were related to the public scandals of the day." Also a statement of the 
postal contract frauds ; the whiskey ring robberies ; the War Department scan- 
dals and exposures ; also the Indian service frauds, wherein both the govenmient 
and its Indian wards were alike defrauded, leading to the Indian wars of 1873, 
which reached their culmination in the "Custer Massacre." See Hist. U. S. — 
by Bryant, Gay, Brooks, Vol. V, pp. 438-442. 


charges of Mr. Bates of corruption among the Grant Utah ap- 
pointees, and the President's indifference when charges were 
preferred against them. 

As the Utah ''ring," had tried by judicial rulings and admin- 
istrative acts to do what they would have been authorized to 
do if the Wade, or the Cragin, or the Cullom bill had been 
passed, so now, after the decision of the Supreme Court had 
swept aside all their illegal machinations of judicial procedure 
against the Mormon Church leaders, they tried to secure the 
passage of some special legislation which would circumvent 
the effect of the Supreme Court's decision, and would authorize 
them under the sanction of these special acts to proceed with 
their warfare on ''Mormon Theocracy." The ring therefore 
through the years 1872-4 kept a lobby at the doors of congress 
constantly begging for special legislation. President Grant in 
his message at the opening of congress in December, 1872, had 
urged the passage of legislation recommending a careful re- 
vision of the present laws of Utah by congress, "and the ulti- 
mate extinguishment of polygamy. "'^^ 

This was supplemented by a special message, on the 14th of 
February, in which he urged upon the Congress the passage of 
some measure which from his outlines of the supposed legis- 
lative "needs" of Utah, had plainly been drawn by some hand 
of the Utah "ring," striking at the right of an American com- 
munity to local self-government."^^ 

At this time two measures were already before the United 
States senate : one by Mr. John A. Logan, of Illinois,®'^ and one 

78. Messages and Papers of the Presidents, Vol. VII, pp. 203-4. 

79- Ibid, pp. 208-10. The recommendations in the main were those finally in- 
corporated in the Poland Bill which became law, and will be considered later. 
The President closed with an expressed apprehension that if such legislation as 
he suggested were not passed, military interference would be necessary, which was 
nothing more than the "ring's" threat for some time past, but now voiced by the 
President of the United States in a special message to congress. 

80. This bill seems not to have received much attention in the senate, but 
a synopsis covering its main provision exhibits the extreme measures proposed in 
that period against the Mormon community: After eliminating the Territorial 
marshal and the Territorial Attorney General, it provided : 

"That U. S. attorneys prosecute all cases tried by U. S. judges; such U. S. 
marshals and attorneys and their jurors to be paid from the Territorial treasury 
as taxed by the U. S. judges. 

"That the U. S. judge, marshal and attorney shall choose and impanel juries. 
No challenge to be allowed on the ground that a juror had served at a previous 
term of the court. And giving the court, and not the jury, the power to pronounce 
criminal punishment. 


by Mr. Frederick Frelinghuysen, of New Jersey. The latter 
was introduced early in February, and was a modification of 
the Logan Bill.®^ It provided for the regulation of the ju- 
diciary on a principle adopted by Judge McKean, but reversed 
by the Supreme Court ; it would prevent polygamous marriages 
for the future, but did not propose to interfere with those rela- 
tions already in existence. It passed the senate on the 25th of 
February, but failed of consideration in the house, much to the 
disgust of the ''Utah ring" and their coadjutors in Washing- 
tion.^2 In evidence of this I present the statement from the 

"That all fines imposed by District Courts for violation of Territorial law 
shall be subject to the judge of said court to pay fees with. 

"That proof of cohabitation, or acknowledgment of the existence of the mari- 
tal relation by the party accused, shall be sufficient to sustain prosecution for 
plural marriage. 

"That U. S. judges appoint county commissioners, or examining and commit- 
ting magistrates, whose fees for Territorial cases shall be paid out of the Terri- 
torial treasury. 

"That the U. S. Judges fix their own time and place for holding district courts 
for the transaction of Territorial business; U. S. courts to have exclusive original 
jurisdiction in divorce cases. 

"And that should the Territorial Legislature fail to make provision for the 
fees and costs which are to be rated by the U. S. judges, then the same shall be 
paid out of the funds appropriated by Congress to defray the expense of the Ter- 
ritorial legislature." (Mill. Star, Vol. XXXV, p. 137). In the title the intention 
of the bill was declared to be — "To promote justice." Its true title would have 
been : "A scheme to enable the federal officials appointed from Washington to 
prey upon the people of Utah, and eat out their substance." It was in large 
measure the Voorhees house bill of the previous congress, in large part section by 
section and word for word ; but instead of its provisions being confined to Utah 
they were extended to the Territories of the U. S. R. N. Baskin of Utah was the 
real author of the Voorhees Bill, and therefore indirectly the author of the Logan 

81. See Chicago Tribune of Feb. 7th. 

82. The bill was an ill considered measure, hastily passed in the senate by a 
vote of 29 to ID. It was in aid of the passage of this bill that President Grant 
sent his special message of Feb. r4th to congress. Throughout the session Presi- 
dent Grant had exerted his personal intluence to secure anti-Mormon legislation. 
"Yesterday," says Geo. Q. Cannon in his journal entry of Feb. 4th, (1873), "Pres. 
Grant went to the capitol * * * jj- ^^g goon noised abroad that Utah affairs 
had called him there. He had interviews with the judiciary committees of the 
senate and house, and told them that there must be legislative action on Utah. 
* * * Grant is reported to have said, 'If the fourth of March came without 
legislation, he would put his troops into Utah and nail the thing by that means'." 
Memorials both for and against the passage of this legislation were sent from Salt 
Lake City: one signed by "the members of the legal profession residing in Utah," 
setting forth the alleged inadequacy of the laws of Utah; (presented in the house 
by Mr. Merritt of Idaho, [see Congressional Globe of Feb. 4th, 1873]); a second 
in which both Mormon and Gentiles joined signed chiefly by Lawyers (Gentile 
and Mormon), merchants and bankers. It is an able review and refutation of the 
one sent by "the members of the legal profession" ; and is published in the Deseret 
News — Weekly — of March 5th, 1873, see also Congressional Globe February, 1873, 
passim. Geo. Q. Cannon — who was in Washington at the time aiding Captain 
Hooper in the last months of that gentleman's last term as Utah's delegate — of this 


journal entry of Mr. Geo. Q. Cannon in relation to their mani- 
fest vexation on the failure of the house to pass the Frelinghuy- 
sen bill. Monday, March the third, the Bill was not reached— 
Congress would adjourn the next day. ''Our enemies," wrote 
Mr. Cannon in closing that day's record, "were swearing mad. 
Merritt said we had bribed the speaker and that d— ed old 
Bingham [chairman of the house committee on Territories]. 
Claggett and Maxwell were also furious." Here follows Mr, 
Cannon's record for the closing day of the congress: 

''March 4th :— This morning they commenced at the calendar. 
The two bills were soon jDassed, then came the Frelinghuysen 
bill; but Mr. Sargent, of California, objected to the consider- 
ation of so important a bill when there was no quorum j)resent. 
It was laid aside informally; and from that time until 11.30, 
when upon motion, it was decided to transact no more legisla- 
tion, it could not be reached. Business of various kinds was at- 
tended to, but that could not be got up. Our enemies were rag- 
ing. Maxwell said he would take out British papers and be an 
American citizen no longer. Claggett asserted that we had 
spent $200,000 on the Judiciary Committee, and Merritt swore 
that there had been treachery, and we had bribed congress. 
But I praised and thanked God, who was our friend and 
mightier than they all. By seemingly small and insignificant 
means he had brought to pass marvelous results, and to him all 
the glory was due."^^ 

The House was more prolific than the Senate in offering 
measures to solve the Utah difficulties. 

memorial of the "members of the legal profession," said : "We found by comparing 
the references made in the memorial to the laws with the laws themselves, that they 
have quoted laws which have been repealed, they have quoted as laws of Utah 
extracts which have no existence, they have garbled laws and they have left 
out the context of laws. The whole is a tissue of misrepresentation and false- 
hood. This is the constant practice of our enemies — to lie and misrepresent." 
(Journal of Geo. Q. Cannon, entry for 5th Jan., 1873. Quoted in Hist. Salt Lake 
City, pp. 602-3). 

83. Hist. Salt Lake City, p. 607. Mr. Linn in his "Story of the Mormons" 
wrongfully accredits this journal, which he quotes from TuUidge, to delegate 
Hooper (p. 571). Mr. Tullidge was given permission to publish the entries from 
Mr. Canon's daily journal from Jan. 28th, 1873, to March 4th of the same 
year. Those entries give a very full and vivid description of this effort to pass 
anti-Mormon legislation. On the 22nd of Feb. Cannon records that Captain Hoop- 
er met Gen. Sherman in the senate Chamber ; the later told Captain Hooper "that 
he had said to Grant with whom he had attended a dinner party, that his action 
in relation to Utah was all wrong. For this advocacy of our cause," adds Mr. 
Cannon, "they have laughingly called him a Mormon." "We have a perverse and 
unscrupulous enemy in John P. Newman, the Senate Chaplain," adds Mr. Cannon 
in closing his journal entry for the above date. (Id.) 


Mr. "Wm. A. TVlieeler, of New York, later to become Vice- 
President of the U. S. in the Hayes administration, introduced 
a bill in April, 1872, *'to promote the purity of elections in 
Utah." It proposed to eliminate woman suffrage, and placed 
the election machinery in the hands of the governor of the Ter- 
ritory.^'* Daniel W. Voorhees. of Indiana, in April, 1872, intro- 
duced a bill '*to aid in the enforcement of the laws in Utah." 
Its general intent was to take the control of the local courts from 
the officers as pro^^ded by the laws of the Territory, and give it 
into the hands of the federal appointees. ^^ 

In the midst of this flood of proposed legislation for Utah, 
one measure is quite generally overlooked, that is worthy of 
mention, and of a permanent place in Mormon and Utah his- 
tory. It was the bill introduced into the house by Mr. James 
G. Blair, of Missouri, and supported by him in a speech deliv- 
ered on the 17th of February, 1872. 

It deserves this place in history both for the boldness of the 
measure it^eK, and the ability with which it was maintained by 
the speech of Mr. Blair.^® It proposed: 

*'lst. That all marriages heretofore solemnized in the Terri- 
tory of Utah, under and in accordance with the rules and regu- 
lations of the Church of Jesus Christ of Latter-day Saints, and 
children born under such marriages, be. and the same are here- 
by legalized. . . . 

• ' 2nd. That all prosecutions now pending in any of the courts 
of said Territory on account of such polygamous marriages be, 
and the same are hereby dismissed, and the jurisdiction of said 
courts over such cases is hereby withdrawn." 

As stated the bill was ably sustained by Mr. Blair and re- 
viewed the marriage institution as related to the Mormon peo- 
ple as inhabitants of Mexico before the U. S. jurisdiction ex- 
tended over them : and he recommended the passage of his bill on 
the ground of public policy. 

84. Congressional Record, of Apl. 3rd. The Bill comphte is published in 
Dcseret Xeu'S — Weekly — of April 17, :872. 

85. Congressional Record of Apl ist. The Bill in ful! is published in Des- 
eret Xews of April 17. 1872. 

86. The speech will be found in Congressional G!ol^ of Feb. i8ih. 1872. and 
is published in full in Mill. Star, Vol. XXXIV. p 2S7. 


A large assembly of women in Salt Lake City, for themselves 
*'and in behalf of the ladies of Utah generally," on the 2nd of 
March, adopted resolutions approving Mr. Blair's bill, and ex- 
pressing their admiration for the bold and manly position he 
had assumed and fearlessly maintained.^'^ Mr. Blair, however, 
had the distinction of standing alone among the members of the 
house in advocacy of his measure. 

In the spring of 1873 Mr. S. A. Merritt from the neighbor- 
ing Territory of Idaho introduced a bill very drastic in its 
nature, and one which very much resembled the Cullom bill 
w'hich had failed of passage in the previous congress.^^ 

None of these measures were enacted into law, much to the 
disappointment of their authors. Their historical importance 
and the justification of mentioning them in these pages con- 
sists in the exhibition they afford of the volume of opposition 
which in these years was launched against the Church of the 
Latter-day Saints, the persistence of it, the high national char- 
acters who engaged in it, and the bitterness of it. This oppo- 
sition culminated in the next congress in the passage of the Po- 
land Bill, which was approved on the 23rd of June, 1874. It 
took its name from Mr. Luke Potter Poland of Vermont, who 
introduced it, and while it was less drastic than any other of 
the bills introduced into the previous congress, it nevertheless 
was the beginning of that series of congressional enactments 
which nearly destroyed for years every vestige of local self- 
government in the Territory of Utah. 

The Poland law took from the probate courts all criminal, 
civil and chancery jurisdiction. These courts, since their crea- 
tion in 1852, had been the courts of the people, the courts in 
which they had confidence because created by law enacted by 
their own legislature, and whose judges were men of the vi- 
cinage—of the county— and whose interests were permanently 

87. Mill. Star, Vol. XXXIV, pp. 270-1. The resolution indorsing the Blair 
Bill said: 

"Resolved — That we consider the bill a truthful and able instrument, and the 
speech in support of it a most noble effort in behalf of the rights of conscience 
and religious liberty, involving the peace, purity and happiness of domestic life — a 
conclusive argument in support of tlie sacred constitution of our country, and a 
living honor to the name of its author." (Id.) 

88. A synopsis of this bill will be found in Mill. Star. Vol. XXXV, p. 136. 


identified with the community; their criminal jurisdiction had 
stood for nearly a quarter of a century against the lawlessness 
of the transient population that drifted into the Territory, and 
they were the bulwarks of the community's peace and good 

The office of Territorial marshal and of the Territorial at- 
torney general were abolished by assigning their functions to 
the U. S. marshal and his deputies, and the U. S. district at- 
torney and his assistants, although the legality of the Terri- 
torial law creating these offices had been twice affirmed by the 
decision of the U. S. supreme court.^'' Making up the 
lists for grand and petit juries was intrusted to the clerk 
of the respective district courts and the probate judge 
of the county in which the court was to be next held; 
and from these lists names were drawn by the U. S. marshal 
or his deputy in open court. The jurisdiction of justices of the 
peace was extended; appeals would lie from the Territorial 
courts to the Supreme Court of the United States in criminal 

89. The History of the organization of these courts, with a defense of their 
legaHty and the decision of the U. S. supreme court affecting the legislation cre- 
ating them is given in this Hist. Chapter LXXX. An elaborate opinion worked 
out for the benefit of the Utah legislature, and in response to a^ resolution by 
that body, was presented to the speaker of the house by Judge Z. Snow, long the 
Territorial attorney general of Utah, it is dated the 5th of Feb., 1874, and will be 
found complete in Deseret N e-ius~\W coXdy — of Feb. 25, March 4th and iith._ The 
opinion is exhaustive and the collection of all data of record up to that time is 
complete. It includes the decision of the Supreme Court in Snow-Hernpstead case 
of Oct., 1873 — Wallace reports. A very fine review of this whole subject will be 
found in the Memorial of the Mormons and non-Mormons against the Freling- 
huysen bill before referred to, Deseret A^t'W.y— Weekly— March Sth, 1873. 

Later, namely on the i6th of Nov., 1874, and therefore after the passage by 
congress and approval by the President of the Poland Law, depriving the Utah 
probate courts of "a general jurisdiction in civil and criminal case and both in 
chancery and at common law," (approved June 23rd, 1874), the U. S. Supreme 
Court handed down a decision which denied the rightfulness of the general juris- 
diction in civil and criminal cases which the Territorial courts had exercised. (See 
Wallace reports, p. 375-384. Fred T. Perris vs. Wm. G. Higley et al (Baskin cites it 
"Ferry," etc., Reminiscences, p. 59). It was a serious matter to decide that courts of 
a quarter of a century of existence — 22 years, to be exact — had no such jurisdiction; 
and if in the exercise of that jurisdiction there had been several instances of convic- 
tion of capital punishment and execution and all the judgments and decrees ren- 
dered in said courts were void, as contended by Mr. Baskin in his Reminiscences, 
then the responsibility must rest with congress which held a veto power upon the 
Territorial legislation, and upon the supreme court which several times had that 
legislation before it for consideration. According to Mr. Baskin himself the very 
issue of the jurisdiction of said courts had several times been presented yet the 
court had "avoided" the question of jurisdiction and determined the cases on other 
issues. Under all the circumstances History has a right to ask : "How far was the court 
swayed in its determination of the non-jurisdiction of the Utah probate courts 
by the passage of the Poland bill which took from them this jurisdiction? 


cases where the accused was sentenced to capital punishment, 
or convicted of bigamy or polygamy. The U. S. marshal was 
authorized to appoint as many deputies as he might deem 
necessary, and the U. S. district attorney as many assistant 
attorneys as he found needful; "and the costs and expenses 
of all prosecutions for offenses against any law of the Terri- 
torial legislature shall be paid out of the treasury of the Terri- 
tory." The supreme court of the Territory was authorized to 
appoint commissioners of said court, who shall have and exer- 
cise all the duties of commissioners of the district courts of the 
U. S., and to take acknowledgment of bail, and in addition they 
shall have the same authority as examining and committing 
magistrates in cases arising under the laws of Utah as then pos- 
sessed by justices of the peace in said Territory.^*^ 

There are other details, but the features of the law Jiere men- 
tioned are those which most affected the civil and political rights 
of the people of Utah. Before the measure's enactment into 
law, vis, on the 16th of February, Geo. Q. Cannon, Utah's dele- 
gate in congress, presented a memorial from the Utah legisla- 
ture asking that a Congressional Investigating Commission be 
sent to Utah with instructions to inquire into all alleged abuses 
in the Territory's affairs, with authority to send for persons 
and papers needed in the prosecution of their inquiries, and to 
suspend action on all "special legislation for Utah" until after 
the investigation and report of the commission. This because 
a large majority of the people of Utah were untruthfully ac- 
cused of disloyalty, insubordination, and other violations of the 
Constitution and laws of the United States. The Memorial 
denied the charges and challenged their proof. The Memorial 
was submitted to Governor Woods but he refused to join in 
the petition of the legislature, and it was accordingly sent to 
Washington without his signature. Mr. Cannon presented it to 
the house, as above stated, and it was referred to the commit- 
tee on judiciary. On the 18th of February it was presented to 
the senate by Mr. Sargent, of California; but no action was 

90. Complete Enactment see compiled laws of Utah, 1888, Vol. I, pp. 101-107. 


taken with reference to it in either house,^^ beyond referring it 
to the appropriate committees. 

As already stated the Poland law was a much less radical 
measure than others proposed in the previous congress, and 
therefore a disappointment to the ''Utah Ring;" but under its 
provisions the federal judiciary officers began activities and 
entered upon prosecutions for polygamy. 

In September two arrests for polygamy were made at Beaver, 
in the second judicial district. In October George Reynolds 
was indicted at Salt Lake City by the grand jury of the third 
district (of which more later) ; and in the following month 
(doubtless for political effect) Geo. Q. Cannon was arrested M 
Salt Lake City for the same offense, but his case was later dis- 
missed (April 2nd, 1875), prosecution being barred by the U. 
S. statute of limitations.^- 

On the 25th day of February, 1875, the case of Brigham 
Young vs. Ann Eliza Webb Young, came before the third dis- 
trict court. Ann Eliza Webb Young, the plural wife of the 
President at the instigation of members of the "Utah ring"— 
Geo. R. Maxwell being named in the title of the case as "her 
next friend planting suit"— had in 1873 brought suit for divorce 
from Brigham Young. In her complaint she alleged neglect, 
cruel treatment, and desertion; and also set forth that Brig- 
ham Young had property worth $8,000,000, and an income of 
not less than $40,000 per month. The plaintiff asked an allow- 
ance of $1,000 per month during the trial of the suit, $6,000 for 
preliminary counsel fees, $14,000 more on final decree, and that 
$200,000 he finally awarded her for her maintenance. The defen- 
dant in his answer which was not filed until the 25th of Au- 
gust, 1874, denied all the charges of neglect, cruelty and deser- 
tion alleged by plaintiff; and said respecting his fortune that 

91. See Congressional Globe of the 17th and i8th of February, 1874. The 
Memorial with Governor Woods veto message will be found in Deseret Xews — 
Weekly — Feb. nth, 1874. The Governor's contention was that the Territory 
needed the special legislation then pending in congress ; that the laws of the Ter- 
ritory as they then stood were inadequate to the protection of the citizens' rights; 
that there was usurpation in the powers granted to the probate courts; that the 
questions now attracting public attention in Utah are matters for judicial investiga- 
tion alone (Id.). 

92. The full decision will be found in Deseret News— Weekly— ior 7th April, 

1875, p. 153- 


according to his best knowledge and belief it did not exceed 
$600,000, and that his gross income from all his property and 
every source did not exceed $6,000 per month; and denied that 
$1,000 or any other sum exceeding $100 per month would be a 
reasonable allowance to the plaintiff even if defendant was 
under any legal obligation to maintain her. Evidently the ob- 
ject of the suit was extortion. 

The third district court over which Judge McKean presided, 
on the aforesaid 25th day of February gave an extended review 
of the case and ordered defendant to pay the plaintiff $3,000 to 
defray the expenses of prosecuting this action; and for her 
maintenance $500 per month, ''to commence from the day of 
filing of the complaint herein. "^^ It was ordered that the law- 
yer's fees for prosecuting the action be paid in ten days, and 
the alimony to the plaintiff be paid in twenty days. 

Clearly under the law divorce and alimony could only lie 
where a legal marriage subsisted between the parties, and in 
this case that legal marriage did not subsist, for two reasons 
set forth in defendant's answer: First, for the reason that, al- 
though unknown to the defendant at the tune of the ceremony 
of plural marriage with the plaintiff,— 6th of April, 1868— she 
was the legal and undivorced wife of one James L. Dee; and, 
second, for the reason, that the defendant himself on the 10th 
day of January, at Kirtland, Ohio, 1834, was lawfully married 
to Mary Ann Angel, who was still living and was the defen- 
dant's lawful wife, all which the plaintiff knew both when said 
plural marriage ceremony was performed and long prior there- 
to.^^ The defendant admitted, however, that he and the plain 
tiff were on the 6th of April, 1868, members of the Church of 
tho Latter-day Saints "and that it was a doctrine and belief 
of said Church that members thereof might rightfully enter into 
"plural or celestial marriage," and accordingly plaintiff and 
defendant were married under such sanctions. ^^ That, how- 
ever, did not constitute a legal marriage, as well known to the 

93. The decision in extenso will be found in Deseret News — Weekly — of 
March 8th, 1875, and is doubtless in legal annals a curiosity. 

94. See defendant's answer in full Deseret News — Weekly — of Sept. 2nd, 


95. Ibid. 


parties at the time. Under the law of the land it was illegal 
from the beginning. There could be no divorce therefore; and 
there could be no ground for alimony, unless the court was 
prepared to hold the plural marriage a legal ceremony, and the 
status of Brigham Young and the plaintiff legally man and 
wife, and legalize Mormon plural marriages. 

The answer of Brigham Young in this case,— while conced- 
ing that it takes advantage of a technicality of the law— is jus- 
tifiable because the suit was manifestly brought for the pur- 
pose of extortion, was vexatious in its character, and intended 
persecutingly to prosecute Brigham Young rather than to vin- 
dicate law or settle a principle.^^ 

With the state of facts before him, as herein set forth, Judge 
McKean gave the decision and issued the orders as above stat- 
ed. Brigham Young acting under the advice of his counsel did 
not pay the counsel fees ordered to be paid within ten days; 
whereupon he was brought into court on the 11th of March to 
show why he should not be fined for contempt of court in fail- 
ing to comply with the order of the court to pay the counsel 
fees. His answer was that he was advised by his counsel that 
he was entitled to an appeal from said order of the court, and 
that pending the determination of such appeal the execution 
of the order and decree so appealed from may, by law, be 
stayed; that such appeal had been taken to the supreme court 
of the Territory, and that a good and sufficient undertaking 
for the purpose of staying the execution of the said order pend- 
ing the appeal had been filed; that his failure to comply with 
the court's order was solely to obtain the benefit of said appeal, 
and not at all to treat contemptuously the orders or decrees of 
the court. 

The counsel of Brigham Young twice asked that he might be 
excused from personally remaining in court during the argu- 

96. "Every technicality," said a current Dcseret News editorial, comment- 
ing on President Young's answer, "is taken advantage of to persecutingly prose- 
cute and convict us, and it is our perfect right, if we choose to exercise it, to 
take advantage of every technicality that the law permits in defending ourselves. 
* * * When we are" attacked in this way, we have every natural and moral 
right to take advantage of every available circumstance in defending ourselves in 
emergencies, at our discretion, and this is a matter in which our known enemies 
need not expect to be consulted, nor to have their remonstrances heeded." Deseret 
News — Weekly — of Sept. 2nd, 1874. 


ments of the case, on account of the feeble state of his health; 
that he was willing to give bond for his appearance whenever 
required. The only answer to these requests deigned by the 
court was that the arguments would doubtless be brief. At the 
conclusion of the arguments the Judge wrote out his decision 
which was read in open court, announcing that Brigham Young 
was adjudged guilty of contempt of court and sentenced to 
pay a fine of $25, and that he be imprisoned for the term of one 
day— twenty-four hours.^'^ 

The attorney's fees of $3,000 were paid immediately by Mr. 
James Jack, Brigham Young's chief secretary. President 
Young was already in the custody of a U. S. deputy marshal, 
and at the conclusion of the hearing called at his residence 
where clothing and other necessities for his convenience while 
in prison were obtained, and then, accompanied by his phy- 
sician. Dr. Seymour B. Young, the Mayor of Salt Lake City, 
Daniel H. Wells, and a clerk from his office, Mr. Rossiter, he 
was driven through a snow storm to the penitentiary; where, 
for a short time, he occupied with a dozen or more convicted 
criminals and men awaiting trial, the only cell in the prison; 
but later was removed to a room attached to the warden's quar- 
ters, and here he spent the night. The friends who accom- 
panied him remained at the warden's house. At the expiration 
of his sentence, March 12th, he came forth from the peniten- 
tiary and was quietly escorted to his home by a number of his 
friends who went out to meet him.^^ 

How much personal malice prompted this action against 
Utah's great Pioneer, each one will judge from th'? circum- 
stances, but there went up from the country such a shout of 
protest against this action that not even President Grant with 
all his firmness could longer hold Judge McKean in his place; 
and five days after he had passed this malicious sentence upon 
Brigham Young he was removed from office by the appointment 
of a new chief justice for Utah. Maxwell, the registrar of the 
land office, who had been especially active in this divorce pro- 
ceeding in Y^oung vs. Young, was also dismissed from office by 

97- For court proceedings in full see Deseret Neivs — Weekly — of March 
ryth, 1875. 

98. Hist. Salt Lake City, pp. — . 


the appointment of a new registrar.^^ The removal of Judge 
McKean, ''and that of the registrar of the land office in Salt 
Lake," said the press dispatch from Washington, announcing 
the removals, "are caused by what the President deems fanat- 

99. In addition to his activity in the divorce case of Young vs. Young, Max- 
well had rendered himself obnoxious in his administration of the land ofifice, in 
Washington as well as at Salt Lake City. Unsettled conditions prevailed for a 
number of years. Of this condition Mayor Wells in an interview with the Cin- 
cinnati Commercial correspondent in Utah said : "It is no fault of the United 
States Government that we are not now peacefully possessing the titles to the 
ground we have redeemed, and which Congress wishes us to retain. It is the 
fault of the unrelenting Land Register here, Maxwell, who has entertained and 
abetted every petty and malicious claim contesting our right to the site, .and who 
hinders the entry of our city, apparently with the object of being bought off or of 
discouraging us, or even of robbing us of it. 

Correspondent : — Give me the names of all the claims which Maxwell has 
entertained against the city. 

Mayor Wells : — Well, there are the Robinson, Slosson, Williamson and Orr 
cases. Robinson was a retired surgeon of the army, who kept a billiard saloon 
and was a sporting man here. He jumped the Warm Springs property, our public 
bath houses on the outskirts of the town, with eighty acres of environing land, al- 
though we had walled up the spot, dammed the warm stream, fenced the enclosure 
and used it so long under municipal regulations that the pump cylinder with which 
we tubed the spring had rotted away. Robinson put a tent and a guard by the 
spring and built a fence within our fence — a most impudent attempt to jump our 
property. We removed his obstructions and he embarrassed us at law until his 
death, when his widow continued the suit, and the land agent actually permitted 
her to make a cash entry of the place. Very differently did the Washington author- 
ities behave. The Commissioner of the Land Office decided without hesitation in 
our favor and the Secretary of the Interior confirmed it. 

Correspondent: — What was the Slosson claim? 

Mayor Wells : — Slosson was a fellow who first rented a quarter section of 
ground from the city, on the road leading to Camp Douglas, and when he under- 
took to keep a rum shop on it, in violation of law, we ejected him. He was then 
abetted by this Maxwell, in a bare-faced attempt to claim it and enter it ; Max- 
well's decision was reversed by the heads of department at Washington. 

The other two claims are even more preposterous, yet they are received and 
considered, and instead of disposing of them. Maxwell spends his time acting as 
volunteer counsel against us in criminal cases before the United States Court. 
Williamson jumped a bit of ground, claiming (it under) the preemption laws, 
and put a shanty upon it. It was a spot we had long previously reserved for a 
parade ground. J. M. Orr, a lawyer here, filed also Chippewa scrip for eight acres 
between Ensign Peak and Arsenal Hill, half a mile from the heart of the city. 
Now, scrip can only take up land for agricultural purposes, and this claim is im- 
pudent beyond degree, but this land register entertains it, refuses to decide it, 
and so keeps back our entry. We are nearly or quite twenty thousand people; 
our city is as old as many great towns in the Mississippi valley; but here men are 
allowed to pre-empt farms right in the midst of us as if they meant to plow us 

Correspondent: — What should I suggest, General Wells? 

Mayor Wells: — Why the General Land Office ought to instruct this devilish 
Maxwell not to entertain these paltry claims, each of which is a paltry reproduc- 
tion of claims already thrown out. The Government means to encourage the 
formation and building of towns, but this agent vetoes the law in the case of the 
largest town ever established on the public lands." Such were the annoyances to 
which the early settlers were subjected by federal officers sent from eastern states 
to administer their affairs. The Commercial is quoted at length by Whitney, Hist, 
of Utah, Vol. II, Ch. XXII. 


ical and extreme conduct on the part of these officers as evi- 
denced by their violent attacks on Governor Axtel (since Dec. 
28th, 1874, Governor of Utah, vice Geo. L. Woods, who failed 
of reappointment) ^^^ and on certain senators who recommended 
his appointment, and hy several acts of McKean, whicJi are con- 
sidered ill advised and tyrannical, and in excess of his poiuers 
as a Judge/ '^^'^ 

Judge McKean continued his residence in Utah, and prac- 
ticed law, but with no great amount of success ; and about three 
years and a half after his dismissal from office,— i;?^., January 
5th, 1879,— he died of typhoid fever. 

Great private and public virtues are claimed for the charac- 
ter of James B. McKean by his friends,^^^ and far be it from 
this History to detract one iota from what is justly aue to his 
career and character; but those who would represent him as 
** among the most upright of judges, and disinterested patriots,'^ 
a "model judge in every respect ; "^*^^ or who say that his ca- 
reer in Utah Territory "marked an era in its annals— a very 
bright page in its history, "^^^ have to reckon with the facts 
of his usurpations of judicial powers, his rulings and decisions 
in the courts of Utah, not warranted under the law, and which 
were overthrown by the unanimous decisions of the Supreme 

100. Woods sought most earnestly for reappoiniment, but failed. The dis- 
patch quoted above in the text said that Woods was, at rp? above date (March_ i6, 
1875), making efforts to obtain either the superintendency of the San Francisco 
mint, or some foreign mission, "but he is regarded as an impecunious place hunt- 
er, without chances of success." And yet such a character had been imposed on 
Utah as governor for four vears ! 

101. Washington Press Dispatch, i6th of March, 1S75. Dcscret News--i 
Weekly — of March 24th, 1875, p. 116. 

102. See Biographical sketch and eulogium by Mr. Fred Lockley published in the 
Salt Lake Tribune of Jan. 7th, 1879; also memorial address by R. N. Baskin, 
whom McKean appointed U. S. district attorney, as seen in the text of this chapter ; 
also a series of resolutions adopted ad interim as stated in the text of this chap- 
ter; also a series of resolutions adopted by the Salt Lake Bar Committee; and an 
address to these resolutions from the bench by Judge Jacob S. Boreman ; pub- 
lished at the time in the Salt Lake Tribune of 19th January, 1879. All this matter 
is collected in Tullidge's Quarterly Magazine for April, 1882, under the tide "Judge 
McKean," with fine steel engraving. "As a citizen," said R. N. Baskin, in his eul- 
ogy of him, "he was without blemish. Free, literally free from every vice; punc- 
tual in his engagements, fair in his dealings, truthful in his statements, honest in 
his convictions, sincere in his professions, .ardent in his friendships and earnest 
in his devotions." "He was a man of elegant and winning address," said Judge 
Boreman, "a firm friend, a thorough gentleman, and one of great moral worth 
and purity of character." This from the eulogy cited above. 

103. All from R. N. Baskin, see note 102. 

104. Boreman — see note 102. 


Court of the United States. They have to reckon also with his 
outrageous rulings in the Young vs. Young divorce case, where, 
in order to harass and humiliate one who had fallen under his 
displeasure, he departed from the plainest principles of law, 
which, connected with the manifest malice in sending Brigham 
Young to prison, cost him his official head. History is con- 
cerned with Judge McKean in his career as a public officer, and 
what boots his private virtues of temperance and general up- 
rightness in private life, if by guidance of a half-insane preju- 
dice and an overpowering bigotry, and intense hatred of a sys- 
tem of religion which does not meet with his approval, he is led 
by his fanaticism into usurpations of authority and the wresting 
of the law to gratify his personal malice? 

^'He was a Judge with a mission." According to TuUidge, 
'^In January, 1872, in the Ebbett House in Washington (D. 
0, Judge McKean avowed his principles to Judge Louis 
Dent, brother-in-law of the President, in these precise words: 
'Judge Dent, the mission which God has called upon me to per- 
form in Utah, is as much above the duties of other courts and 
judges as the heavens are above the earth, and whenever or 
wherever I may find the local or federal laws obstructing or in- 
terfering therewith, by God's blessing I shall trample them under 
my feet.' "^^^ 

Mr. TuUidge does not further particularize this incident than 
his statement of it as quoted, but the career of James B. Mc- 
Kean as chief justice of Utah Territory was in strict accord- 
ance with the expressed determination; and there can be no 
doubt of his avowal of it to Judge Louis Dent.^^^ Whatever 

105. Life of Brigham Young, or Utah and her Founders, 1877, p. 420-1. 

106. Whitney in his History of Utah summarizes into a statement the quota- 
tion 01 TuUidge, quoted above, but without citr.tion to his source of information. 
Judge Baskin in his Reminiscences denounces Whitney's statement as "hbelous 
matter," and adds tliis comment : "That any Judge of intelligence or rectitude 
would utter the disgraceful, discrediting and absurd language attributed to Judge 
McKean in the foregoing quotation, is too extraordinary and improbable to admit of 
belief, especially on the uncorroborated statement of a historian as unscrupulous 
as Whitney has shown himself to be." (Reminiscences, p. 46). But Whitney is 
not uncorroborated ns shown from the statement of TuUidge in the text above; 
and besides, the declaration to Judge Dent is in strict harmony with Judge Mc- 
Kean's conception of the mission character of his Judgeship when he said from 
the bench — "While the case at bar is called 'the People vs. Brigham Young.' its 
other and real title is 'Federal Authority vs. Polygamic Theocracy' * * * a 
system is on trial in the person of Brigham Young." (Court Record Third Dis- 


may be claimed for Judge McKean's private life and character 
let us hope that the desire of his friends to have him regarded 
as the model of ' ' an upright Judge ' ' will continue to meet with 
disappointment. ^^'^ 

Following is the record that remains of the divorce case of 
Young vs. Young: 

The successor of Judge McKean as chief justice of Utah was 
David B. Lowe, of Kansas. On his arrival in Salt Lake City 
in April he was assigned to the third judicial district and on the 
24th of that month Brigham Y^oung was brought before him to 
show cause why he should not be punished for contempt in not 
paying the $9,500 accumulated alimony allowed to Ann Eliza 
Webb Young by his predecessor, Judge McKean. After hear- 
ing arguments in the case the court held that ''In all cases of 
divorce the law was plain and the authorities overwhelming that 
alimony could not be awarded unless a valid marriage was 
either first admitted by the parties or proved. ^'^^ The defen- 
dant had alleged in answer that the marriage in question was a 
bigamous and polygamous one, and the allegation not being 
denied, must be taken as true. . . . The decision of the 

trict Court, September term 1871). In view of the evidence on the point, and 
the corroboration to his statement, Mr. Whitney may very properly and efifectively 
appropriate the characterization of Judge IMcKean's utterance made above by 
Judge Baskin, as to the ''disgraceful, discrediting and absurd language" of the 
passage in question. 

107. Ex-District Attorney Bates in summing up the judicial administration of 
Judge McKean, presents the array of facts thus: "The five years of judicial mal- 
administration of McKean in Utah may be summarized as follows : 

"ist — $100,000. of United States public money, belonging to the Department of 
Justice, have been squandered there. 

"2d. — No Mormon has ever been convicted, during that period, of any offense 
against the laws of the Territory, or of the United States, except : 

"3d. — The case of the United States rs. Geo. Reynolds, for polygamy, where the 
verdict of guilty was found by a jury, nine of whom were Mormon polygamists; 
and the witnesses who furnished all the evidence, including the plural wife herself, 
were all polygamists — which case is expected to go to the Supreme Court of the 
United States, where the validity of the Act of 1862 will be finally settled, as it 
would have been in 1872, had not the plan then agreed upon been frustrated by 
the Federal officials in Utah. 

"4th — These illegal prosecutions, including the false imprisonment of Brig- 
ham Young and the leaders of the people, have cost them in counsel fees, loss 
of time, and injuries to their business at least $500,000. 

"5th.— The panic and alarm created thereby 'in the States of the Union, and 
the fear of a collision between the authorities and the Mormon people have driven 
or kept away millons of dollars of capital." (Ex-U. S. Attorney Bates quoted in 
Hist. Salt Lake City, pp. 619-20). 

108. Deseret News— Weekly— of May 12. 1875: "The decision ... is con- 
sidered by members of the bar generally to be the most learned opinion ever de- 
livered from the bench in this Territorj'." (Id.) 


court was that the writ of attachment be denied and the order 
be set aside." 

That decision did not settle the case. Judge Lowe resigned 
and was succeeded by J. Alexander White; but before his ar- 
rival in Utah the case was taken before Judge Jacob S. Bore- 
man sitting in the third district who re-adjudicated the matter 
decided by Judge Lowe and ordered the defendant imprisoned 
until the sum of $9,500 be paid. As the court did not order 
that the imprisonment should be in the penitentiary, the U. S. 
marshal exercised his discretion and held his charge in custody 
at the prisoner's own residence. On November 12th a writ 
of habeas corpus was taken out before Judge White, who held 
that the action of Judge Boreman was unauthorized and void, 
and President Young was delivered from the custody of the 
marshal. Judge White remained in Utah but three months, 
his appointment had not been confirmed by the senate, and his 
name was withdrawn by President Grant in March. Judge 
White was succeeded as chief justice by Michael Shaeffer, and 
the vexed question of alimony came before him; the accumu- 
lated sum now amounted to $18,000; but Judge Shaeffer re- 
duced the alimony pendente lite to $100 per month, which re- 
duced the accumulated sum to $3,600. This the defendant, on 
the 31st of July, 1876, was ordered to pay, or in default thereof 
an execution would issue against his property to satisfy the 
order. Said order was allowed to issue and the alimony so 

In April, 1877, the divorce case came to trial, the result of 
which was no other than could have been foreseen from the be- 
ginning, viz., that the polygamous marriage between parties was 
null and void under the law of the land from the beginning. 
All orders of temporary alimony which had not been complied 
with, paid or collected, were revoked and annulled, but the costs 
were assessed against the defendant. 

This case was malicious and vindicative, and instituted purely 
for extortion and for the vexation and annoyance of Brigham 
Young. It was brought into court against the plainest princi- 
ples of law, and its record is a disgrace to those who insti- 
tuted it. 


In the October number of "Americana" the first line on page 
836 should read as follows : 

These portraits are now in the possession of Eev. John Cor- 
nell, who received them from his mother, Mrs. Isaac Cornell, 
to whom they came from her father, Richard Bancker Duyck- 
inck, who received them from his aunt, Mrs. Peter Jay. 





The Richmond Family 957 

Old Essex a Factor in the Settlement of the Great Northwest. 

By Russell Leigh Jackson 982 

For Conscience Sake. 

By Cornelia Mitchell Parsons .... 995 

Early History of Medicine in New York— Part II . . 1009 
History of the Mormon Church. 

By Brigham H. Roberts 1029 

David I. Nelke, Editor. 

JosiAH Collins Pumpelly, A. M., LL.B., Member Publication 
Committee New York Genealogical and Biog