Full text of "History of Utah, comprising preliminary chapters on the previous history of her founders accounts of early Spanish and American explorations in the Rocky Mountain region, the advent of the Mormon pioneers, the establishment and dissolution of the provisional government of the state of Deseret, and the subsequent creation and development of the territory"

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HISTORY 2F(JTAH

COMPRISING

PRELIMINARY CHAPTERS ON THE PREVIOUS HISTORY OF HER FOUNDERS, ACCOUNTS
OF EARLY SPANISH AND AMERICAN ERPLORATIONS IN THE ROCKY MOUN-
TAIN REGION, THE ADVENT OF THE MORMON PIONEERS, THE ESTAB
LISHNENT AND DISOLUTION OF THE PROVISIONAL GOVERN
MENT OF THE STATE OF DESERET, AND THE SUBSEQUENT
CREATION AND DEVELOPMENT OF THE TERRITORY.

IN POtiR VOLdMES.-V0L. II.

BY ORSON F. WHITNEY.

lusf reded.

"The address of history is less to the understanding than to the higher emotions. We learn :.
sympathize with what is great and good ; we learn to hate what is base. In the anomalies of fortune w«
feel the mystery of our mortal existence; and in the companionship of the illustrious nature* who h«r«
shaped the fortunes of the world, we escape from the littlenesses which cling to the round of <••••
life, and our minds are tuned in a higher and nobler key."— FKOUDR.

SALT LAKE CITY, UTAH:

GEORGE 0 CANNON & SONS CO., PUBLISHERS

APRIL, 1893.

u. o.

ACADEMY OF
PACIFIC COAST
HISTORY

PREFACE.

than a year ago the author finished writing the first volume
of this history, and it was soon after presented to the public.
The favor with which it was received by all classes warrants the
belief that the second volume, which is now sent forth, will meet
with like approval. All that is hoped or desired in the premises is
that whatever of merit the work contains will be recognized, and
that the minds of readers and critics will be unbiased, either by
friendship or enmity.

Beginning with the advent into the Territory of the electric
telegraph, which event, with the subsequent arrival of the railway,
marked the dawn of a new era for the Rocky Mountain region, the
book closes with what might be deemed the sunset of an era, — the
death of Brigham Young, Utah's pioneer and founder. The railway
and the telegraph remained, and the work begun in these parts under
the influence of those powerful agents of civilization was not destined
to pass away with the mortal part of the foremost figure in Mormon-
dom. Yet so mighty was the impress made by that great man upon
the age in which he lived, that his decease could not fail to point a
period in the history of a community in which he towered pre-
eminent, as a mountain towers above hills and plains. All the
important local events occurring between the years 1862 and 1877
are treated in this volume. Respecting one of those events— the
building of the railway — I may be pardoned for inserting here
the following correspondence:

Bishop 0. F. Whitney, Salt Lake City,

DEAR SIR: — I take pleasure in enclosing herewith a letter from our general passenger
agent, in which he advises of the delivery to Mr. Thomas L. Kimball several sheets of the
second volume of the History of Utah, wherein mention is made of the Union IVilir.

I am very glad to know that Mr. Kimball thinks so much of the work as far as it has
come to his notice, for, as stated by Mr. Lomax, I do not know that there is a better living
authority on the matter than Mr. Kimball. Yours truly,

D. E. BURLEY, Gen. Agent.

SALT LAKE CITY, UTAH, July 15th, 1892.

iv PREFACE.

Mr. D. E. Burley, G. A. U. P. System, Salt Lake City, Utah,

DEAR SIR : — I have received the two sheets of the History of Utah wherein the Union
Pacific road is prominently mentioned. I submitted the same to Mr. Thomas L. Kim-
ball, who is the best living authority on Union Pacific matters, and Mr. Kimball tells me
he is greatly pleased with the history ; that it is about the best one he has ever read, cov-
ering all the points connected with the conception and completion of the road, and that
the work has his cordial commendation. The facts and statistics, as far as Mr. Kimball's

knowledge extends, are correctly stated.

E. L. LOMAX.
OMAHA, NEB., July 13th, 1892.

Apropos of the railway subject, the author takes pleasure in
acknowledging the prompt courtesy touching matters of data and
transportation, of the Union Pacific and Central Pacific companies,
"which two did build" the great trans-continental highway. He was
thereby enabled to prepare, with more facility and thoroughness than
he could otherwise have done, the condensed narrative of the incep-
tion and construction of -the Pacific Railway, commented on in the
foregoing correspondence. From Mr. J. H. Bennett, General Passen-
ger Agent of the Rio Grande Western, Messrs. McGregor and
Mclntosh, of the Utah Central, and Superintendent W. P. Read, of
the Salt Lake City Railroad, similar courtesies have been received.
The construction of these and other railway lines will form interest-
ing themes in the future pages of this work.

The greater expedition manifested in the preparation of the
present over the preceding volume, is partly due to the fact that the
writer, being almost entirely free from the cares pertaining to the
business branch of the enterprise — which was not so before — was
enabled to concentrate time and energy upon the literary labor and
push it forward more rapidly. The shortness of the period herein
covered, as compared with the previous one, is also a cogent reason
in this connection. Moreover, in order to expedite the work, and thus
enable the publishers to keep their engagements with a host of sub-
scribers, the author at their solicitation consented — at first reluctantly,
but afterwards, in view of all the circumstances, willingly — to accept
assistance during portions of the past twelve months from able pens
employed for that purpose. The wielders of those pens were Messrs.

PREFACE. v

John Q. Cannon and James H. Anderson, the former now editor-in-
chief of the Deseret Evening News, and the latter also connected with
the staff of that journal. Such credit as of right belongs to those
gentlemen the undersigned cheerfully accords. Much the greater
portion of this volume, and all but part of a chapter in Volume One,
were the product of his pen alone, and what was not written by him
was prepared under his direction, by him edited and revised, changed
wherever he deemed advisable, fitted into his plan and adopted as
his own. So much in justice to himself and to his assistants.

As to aid of another character, I am indebted, as before, to
President Wilford Woodruff and Council, for advice and encourage-
ment, and to the Church Historian, Apostle Franklin D. Richards,
his assistant, John Jaques, General Robert T. Rurton and A. Milton
Musser, Esq., for intelligent discussion and patient deliberation over
the contents of the volume prior to its publication. For favorable
notices of the former book, the author takes this opportunity of
thanking the Deseret News, the Salt Lake Herald, the Salt Lake
Tribune, the Ogden Standard, the Territorial Enquirer, and the press
of Utah generally.

The third volume, which will be immediately begun, will take
up the thread of local history where this book lays it down, and
unless the record of the ensuing sixteen or seventeen years proves
too voluminous for treatment in a single tome, will bring the general
narrative up to what will then be termed the present time. Follow-
ing that, another volume will contain histories of counties, institu-
tions, professions, etc., with biographies of prominent citizens.
Therein the author hopes, by entering more into details, — which
cannot be done in a general record of men and events — to gratify
the wishes of those who, passing hasty judgment upon half finished
work, are apt to imagine themselves and their affairs slighted if
full and foremost mention be not given them.

0. F. WHITNKY.

SALT LAKE CITY,

January, 1893.

CONTENTS.

CHAPTER I.
1861-1862.

UTAH'S New Era— Another Change of Boundary Lines— The Counties of *
the Territory After the Creation of Nevada— Cache, Beaver, Wash-
ington and Wasatch Counties and Their Founders— Utah's First
Cotton Crop — President Lincoln's Attitude Toward the Mormons —
Utah During the Civil War— Apostle Taylor's Oration July 4th, 1861—
Advent of the Telegraph — President Young Sends the First Message
Over the Wires — "Utah Has Not Seceded, but is Firm for the Con-
stitution and Laws" — President Lincoln's Congratulations — Opening
of the Salt Lake Theater . . 17

CHAPTER II.

1861-1862.

Utah Again Asks for Statehood — Governor Dawson and His Disgrace —
The State Convention — Governor Young's Message — William H.
Hooper and George Q. Cannon Senators Elect to Congress — Colonel
Burton's Eastern Expedition — President Lincoln Requests Governor
Young to Protect the Overland Mail Route and Telegraph Line — A
Prompt Response — Lot Smith's Indian Expedition — The Morrisites. 36

CHAPTER III.
1862-1863.

Another Failure to Obtain Statehood — Congress Passes an Anti-Polygamy
Act— President Lincoln Signs it — Governor Harding Arrives in--
Utah — His Friendly Address to the People — Colonel Connor and the
California Volunteers — Camp Douglas Founded — The Battle of Bear
River . • 58

CHAPTER IV.
1862-1863.

Governor Harding's Change of Heart— Aided by Judges Waite and
Drake, He Seeks to Inspire More Anti-Mormon Legislation— The
Citizens Protest Against the Conduct of the Three Officials, and Ask
President Lincoln to Remove Them— Brigham Young Arrested for
Polygamy — Bitter Feeling Between Civilians and Soldiers — Trial and
Conviction of the Morrisites — Governor Harding Pardons Them — An
Indignant Grand Jury— Governor Harding Removed— Chief Justice
Kinney and Secretary Fuller Superseded— James D. Doty the New
Executive — Judge Kinney Sent to Congress

viii CONTENTS.

•

CHAPTER V.
1863-1865.

Opening of the Utah Mines — General Connor Pioneers the Movement and
Publishes it to the World— The "Union Vedette"— The Daily
"Telegraph" — Connor's Plan to Reconstruct Utah — A Provost Guard
Placed in Salt Lake City — Bridging the Chasm — Soldiers and Citi-
zens Unite in Celebrating President Lincoln's Reinauguration — An
Era of Good Feeling — President Lincoln's Assassination Fills all
Utah with Gloom — Funeral Rites in Honor of the Nation's Dead 105

CHAPTER VI.
1865.

Schuyler Colfax in Utah— His Reception at Salt Lake City — Interviews
With Brigham Young — Opposite Opinions of Polygamy — At the
Theater and the Bowery — The Colfax-Bowles View of the Mormon
Question — Death of Governor Doty — Honor Shown to his Memory —
Hon. James M. Ashley Visits the Territory — Julia Dean Hayne at
the Salt Lake Theater — Arrival of Governor Durkee. . . . 121

CHAPTER VII.

1866.

The Brassfield Murder — Mormon and Gentile Views of the Homicide —
General Hazen's Suggestion — General Sherman's Telegram to Presi-
dent Young — The Mormon Leader's Reply — General Babcock's Tour
of Inspection — His Report of the Situation — The Murder of Dr.
Robinson — Bitter Feeling Between Mormons and Gentiles — Non-
Mormon Merchants Offer to Leave Utah on Certain Conditions —
President Young Declines the Proposition. ..... 142

CHAPTER VIII.
1866-1868.

The Deseret Telegraph Line — Brigham Young its Projector — John C.
Clowes and the Pioneer Operators — Superintendent Musser and His
Work — The Utah Legislature Petitions Congress for the Repeal of
the Anti-Polygamy Act — Deseret Again Seeks Admission into the
Union — Senator Howard's Extirpation Bill — The New York World
on the Projected Crusade Against the Mormons — Congress Denies
Utah's Requests and Refuses to Pass the Howard Bill — More Grass-
hopper Raids — Southern Utah Floods — Completion of the Great
Tabernacle at Salt Lake City — The Muddy Mission — Emigrational
Matters — Journalistic Affairs — Death of Heber C. Kimball — George
A. Smith Succeeds Him in the First Presidency. .... 168

CHAPTER IX.
1865-1869.

The Black Hawk War — Incidents of the Indian Campaigns — Barney
Ward Killed— Massacre of the Given Family— Colonel Irish Treats
with the Friendly Tribes — General Snow's Fights with the Hostiles —

CONTENTS. ix

The Attack on Fort Ephraim— The Berry Family Killed— Treachery
and Death of the Chief Sanpitch— Colonel Head Succeeds Colonel
Irish as Indian Superintendent — The United States Military Authori-
ties Refuse to Aid the Settlers Against the Savages — "The Militia
Must Compel the Indians to Behave" — The Territorial Troops Take
the Field — General Pace Encounters Black Hawk at Gravelly Ford —
The Indians Pursued into the Desert — A Toilsome and Fruitless
Chase — The Thistle Valley Fight — Attack on the Lee Ranch, Near
Beavtr — Heroic and Successful Resistance of the Besieged — The
Navajo Incursion — Death of Major Vance and Sergeant Houtz — More
Fighting in Sanpete — Status of the Militia and Cost of the War—
The Nation's Debt to the Territory Unpaid— The Wade Bill— End
of the Black Hawk War ... .187

CHAPTER X.

1819-1869.

The Great Pacific Railway — How the Project Originated — How the Road
was Constructed — Early Talk of a Transcontinental Highway — The
Mills Memorial — Dr. Barlow's Suggestion — Asa Whitney's Plan and
Proposition — Brigham Young and the North Platte Route — The
Benton Bill — The Stansbury Survey — The King Plan — Utah's Rail-
way Memorials to Congress — Government Surveys — California, Utah
and Nebraska Agitate the Subject — It Becomes a National Question —
Democrats and Republicans Both Favor It — "A Military Neces-
sity"— Congress Takes Action and Passes the Pacific Railroad Bill —
The Union Pacific and Central Pacific Companies — The Building of
the Road Begun — Its Progress East and West Toward the Great Salt
Lake . .215

CHAPTER XI.
1868-1869.

The Railroad in Utah — Competition Between the Rival Lines— "Shall
the Road Run North or South of the Lake?"— Grand Mass Meeting
at Salt Lake City, Inviting the Railroad to Come this Way— Brigham
Young Accepts a Contract to Help Build the Union Pacific — Benson,
Farr and West on the Central Pacific— Other Utah Contractors-
Arrival of the Iron Horse at Ogden — The Driving of the Last Spike
at Promontory.

CHAPTER XII.

1869-1871.

Rejoicings Over the Advent of the Railway— The Celebration at Salt Lake
City— The Utah Central, the Pioneer Local Line, Constructed— Cere-
monies Attending Its Completion— The Utah Southern Railroad and
Its Extension— The Utah Northern— The City of Corinne— The Utah
and Nevada Railway — The Development of the Mines— Rich Dis-

x CONTENTS.

PAGE

coveries in Little Cottonwood — The Emma and the Flagstaff — The
Ophir District — The First Shipments of Utah Ore — The Pioneer
Smelters and Reduction Works — Rapid Growth of the Mining
Industry Resulting from the Coming of the Railway. . . . 258

CHAPTER XIII.
1868-1871.

Zion's Co-operative Mercantile Institution — Its Inception and Progress —
Its Officers and Promoters — Immense Business Results — How it has
Fulfilled its Mission — Revival of the University of Deseret — David O.
Calder's Commercial School — The Deseret Alphabet — Dr. John R.
Park the University's Principal — Distinguished Visitors by Rail —
The United States Land Laws Extended over Utah — Federal
Officials/of the Territory Under the Grant-Colfax Regime — The First
Non-Mormon Churches in Utah. 27(5

CHAPTER XIV.
1869-1870.

President Grant's Attitude Toward Utah — The Persons Chiefly Respon-
sible for His Unfriendliness to the Mormons — Vice-President Colfax
and Doctor Newman — Senator Trumbull and the Chicago Commer-
cial Party — Colfax's Second Visit to Salt Lake City — He Declines
its Proffered Hospitality — The Godbeite Movement — The Taylor-
Colfax Discussion. .......... 320

CHAPTER XV.

1870.

The Utah Liberal Party — Its Character and Antecedents — A Little of its
History — Review of Local Politics — McGrorty and His Contest for
the Utah Delegateship — The Mormon Tribune, Forerunner of the Salt
Lake Tribune, Established — The Salt Lake Herald — Political Coalition
of the Gentiles and Godbeites — Birth of the Independent or Liberal
Party— The Salt Lake City Election of 1870— Daniel H. Wells and
Henry W. Lawrence Candidates for the Mayoralty — A Practical Joke
by "The People" — The Independents "Snowed Under" — The
Corinne Convention — The Liberal Christening — George R. Maxwell
•Runs for Congress Against William H. Hooper — Another Liberal

Defeat. '. .359

CHAPTER XVI.
1869-1870.

The Cragin and Cullom Bills — How Utah Viewed the Scheme for her
Enslavement — The Mormon Women Protest En Masse — The Woman
Suffrage Act — The First Lady in Utah to Exercise the Elective
Franchise — Press Opinions on the Cullom Bill and Its Promoters —
Dr. Taggart and the "Assassination" Canard — Hon. Thomas Fitch
Attacks the Cullom Bill in Congress— Delegate Hooper's Plea for

CONTENTS. xi

Religious Liberty — The Bill Passes the House — More Mass Meet-
ings in Utah — The Mormon Remonstrance — The Godbeites and Con-
servative Gentiles Move for the Modification of the Measure — Mr.
Godbe's Mission to the National Capital— The Cullom Bill Dies in
the Senate. ........... 391

CHAPTER XVII.
1870.

The Pratt-Newman Discussion — "Does the Bible Sanction Polygamy" —
Mormonism versus Methodism — Preliminary Correspondence Between
President Young and Doctor Newman — The Great Debate in the
Mormon Tabernacle — Press Comments on the Event and its Result. 440

CHAPTER XVIII.

1870.

Governor Shaffer's Administration — His Inaugural Resolve — "Never After
me Shall it be said that Brigham Young is Governor of Utah"-
The Shaffer-Kelsey Interview — General Sheridan at Salt Lake City —
More Troops for Utah — Camp Rawlins Established — Governor
Shaffer Forbids the Musters of the Militia — His Lawless Course in
Relation to Military Appointments — Correspondence Between General
Wells and Governor Shaffer — The Governor's Lawlessness Bears
Legitimate Fruit — The Englebrecht Case — Provo Raided from Camp
Rawlins — Governor Shaffer Blames General De Trobriand — The Lat-
ter's Caustic Reply— Major Offley's Attempt to Assassinate Editor
Sloan — The First Mail Robbery in Utah— General Sherman at the
Mormon Capital — Death of Governor Shaffer . . 487

CHAPTER XIX.
1870-1871.

The Wooden Gun Rebellion— A Portion of the Utah Militia Attempt to
Test the Vitality of Governor Shaffer's Prohibitory Proclamation-
Arrest of Lieutenant-Colonel Ottinger and Other Officers of the
Third Regiment— Their Detention at Camp Douglas— The Charges
Against Them Ignored by the Grand Jury— Another Act of Despot-
ism— Acting-Governor Black Forbids the Militia to Bear Arms in
Honor of the Nation's Birthday— He Orders General De Trobriand
to Fire Upon the Militia if .they Disobey — The General's Indepen-
dent Attitude: "My Troops Shall be in Readiness if Required, but
You, not I, Must Give the Order to Fire"— The Threatened Colli-
sion Averted — Mormon and Non-Mormon Celebrations of July 4th,
1871— The August Election— A Fatal Ratification Meeting— The
Liberal Coalition Party Dies by its Own Hand

CHAPTER XX.

1870-1871.

Chief Justice McKean— His Character and Career— Events of his Admin-
istration—The Bates Review— Hon. Thomas Fitch on the Ch ief as-

xii CONTENTS.

tice and His Satellites — The Cases of Orr versus McAllister and
Hempstead versus Snow — The Territorial Officers Ruled Out — The
Probate Courts Curtailed — Mormons Denied Citizenship Because of
their Religious Belief — The Englebrecht Trial — The Jury Laws
Set Aside — A Packed Jury and its Verdict — U. S. Attorney Hemp-
stead Resigns — Judge McKean Appoints R. N. Baskin in his
Stead — A Lack oi Funds Causes a Deadlock in the Federal Courts —
Judge McKean in Anger Dismisses the Grand and Petit Jurors—
The Press on the Utah Situation. . 541

CHAPTER XXI.

1871.

The Deadlock Broken — Marshal Patrick and His Private Purse to the
Rescue — Judge McKean's Court Prepares to Resume Operations —
Marshal Patrick versus Warden Rockwood — The Utah Penitentiary
Passes into the Hands of the United States Marshal — The Prisoner
Kilfoyle — The Case of Patrick versus Rockwood and McAllister —
Packing a Grand Jury — Brigham Young and Other Leading Mor-
mons Arrested — Judge McKean's Remarkable Decision — "Federal
Authority versus Polygamic Theocracy" — Lying by Lightning —
Editor Sawyer's Slanderous Dispatches to the New York Herald —
Senator Morton and "Grace Greenwood" at Salt Lake City — Utah's
Relief Offering to the Sufferers from the Chicago Fire — "Ishmael's
Brotherly Lift to Isaac" — The Deseret Telegraph Line Reaches
Pioche — Isaac's Brotherly Lift to Ishmael ..... 573

CHAPTER XXII.
1871.

The Hawkins Case — Judge McKean Decides that Polygamy is Adultery —
A Wife Permitted to Testify Against Her Husband — Thomas Haw-
kins Convicted and Sentenced — Strictures of the American Press upon
Judge McKean — The Utah Bar — Pen Portraits of "The Ring" — Mayor
Wells on Register Maxwell and the Local Land Question — Leading
• Mormons Arrested, Charged With Murder — "Bill" Hickman their
Accuser — His Motive for Implicating the Innocent in his Crimes —
William H. Kimball's Statement — Mayor Wells Admitted to Bail —
President Young Takes His Annual Tour Through Southern Utah
and is Falsely Accused of Fleeing from Justice — Prosecuting
Attorney Baskin Demands the Forfeiture of the Defendant's Bond —
Judge McKean Refuses to Allow the Forfeiture, but Sets the Day for
the President's Trial — Hon. Thomas Fitch Interviewed by the New
York Herald on Utah Affairs — A Rift in the Cloud — Mr. Baskin .
Superseded — George C. Bates Appointed United States District
Attorney for Utah . fill

CONTENTS. xiii

CHAPTER XXIII.

1872.

PAGE.

President Young Returns and Confounds his Enemies — He Surrenders
for Trial and Asks to be Admitted to Bail — Judge McKean Refuses
the Request — The Mormon Leader a Prisoner in his Own House--
Marshal Patrick's Courtesy and Consideration — The Cases Against
President Young and Others Postponed — The Second Investigation
into the Dr. Robinson Murder — Arrest of Alexander Burt, Brigham
Y. Hampton and Others, Pending the Issue of the Investigation — The
Witnesses Baker and Butterwood — A Desperate Attempt to Convict
Innocent Men — Nothing Proven Against the Accused, but the Anti-
Mormon Grand Jury Indicts Them — Baker a Self-Confessed Perjurer —
He goes to Prison for his Crime — Judge McKean's Second Refusal
to Admit President Young to Bail — The Bates-McKean Contest at
Washington — The Englebrecht Decision — All Indictments Quashed —
McKean's Humiliation — Non-Mormon Refutation of Anti-Mormon
Slanders 657

CHAPTER XXIV.

1872-1874.,

The Constitutional Convention of 1872 — A Proposition to Abandon Poly-
gamy for Statehood — Congress Asked to State Terms for Utah's
Admission — Visits of the Japanese Embassy — The First Democratic
and Republican Organizations in the Territory — The Morse Memorial
Meeting — More Noted Visitors — Indian Depredations — The First
Lady Lawyers in Utah — The Palestine Party — Mormon Tourists on
the Mount of Olives — Mormons Exploring in Arizona — Camp
Cameron Established— A Military Episode at Salt Lake City— The
Jail Assaulted by Troops — Anti-Mormon Opposition to Statehood —
Utah Again Refused Admission Into the Union. . 691

CHAPTER XXV.
1872-1874.

The Gentile League of Utah — Its Brief and Bootless Career — The August
Election of 1872— George Q. Cannon Elected Delegate to Congress—
A Change of Federal Officials— William Carey, U. S. .District Attor-
ney, and George R. Maxwell, U. S. Marshal for Utah— Associate
Justices Emerson and Boreman — Governor Axtell — Utah Again in
Congress— Sundry Measures Proposed — President Grant's Special
Message on Utah— The Poland Law. • ~22

CHAPTER XXVI.
1874-1876.

Mormon Patience and Patriotism— Liberal Party Tactics— Marshal Max-
well Invokes "The Bayonet Law" to Control Utah Elections-
Trouble at the Polls— The Sandy Disturbance— Riot at Salt Lake
City— Mayor Wells Assaulted— The Police Charge the Mob— Arrests

xiv CONTENTS.

PAGE.

and Counter-Arrests — Tooele County Captured by the Liberals —
Governor Woods and Judge McKean Assist in the Fraud — The
Legislature Lays Bare the Shameful Facts. .".... 741

CHAPTER XXVII.
1873-1875.

The Ann Eliza Case — Brigham Young's "Nineteenth Wife" Sues for
Divorce and Alimony — Judge McKean Gives her the Status of a
Legal Wife and Issues an Order Granting Alimony Pendente Lite —
Failing to Comply with the Judge's Decision the Founder of Utah
is Sent to the Penitentiary — The Boomerang Returns — Fall of Judge
McKean — Chief Justice Lowe Succeeds Him — Further Facts in the
Divorce Suit of Young versus Young — The Case of Flint versus
Clinton — The Ricks Murder Trial — The Reynolds Case — President
Grant's Visit to Utah. 756

CHAPTER XXVIII.

1874-1875.

The Mountain Meadows Massacre Investigated — Indictments Presented by
the Grand Jury — Colonel Dame and John D. Lee Arrested — The
Bates Contempt Case — The Lee Trial — Klingensmith, a Principal in
the Massacre, Turns State's Evidence — His Version of the Tragedy —
Twenty other Witnesses Examined — The Jury Disagree — Why the
Trial Proved a Failure 781

CHAPTER XXIX.

1875-1877.

John D. Lee's Second Trial — A Change in the Offices of U. S. District
Attorney and Marshal — Sumner Howard's Sensible Speech — "I Have
not Come to Try Brigham Young and the Mormon Church, but John •
D. Lee" — The Facts Concerning the Mountain Meadows Massacre
Detailed by Eye-Witnesses — Affidavits of Presidents Brigham Young
and George A. Smith — Other Documentary Evidence — Lee's Confes-
sions— He is Convicted of Murder in the First Degree — Judge Bore-
man's Unwarrantable Assault upon the Mormon Leaders — Lee's
Execution at Mountain Meadows ....... 803

CHAPTER XXX.

1870-1877.

Last" Days and Labors of Brigham Young — Woman's Place and Work in
Mormondom — The Relief Society — The Retrenchment Association —
The Woman's Exponent — The Young Men's and Young Ladies'
Mutual Improvement Associations — The Deseret Sunday School
Union — President Young Lays Down some of his Official Burdens —
He Resigns the Office of Trustee-in-Trust — Five Counselors Chosen
to Assist the First Presidency — The United Order — Death of Presi-
dent George A. Smith — The St. George Temple Dedicated — Setting
in Order the Stakes — President Young's Last Public Address — Death
of Utah's Founder. . 830

ILLUSTRATIONS.

ABRAM HATCH
JOHN CROOK
SALT LAKE THEATER
HENRY P. RICHARD
A. MILTON MUSSER
EVAN STEPHENS
W. L. N. ALLEN
JOHN SHARP
FRANKLIN D.
JOSEPH PARRY
WILLIAM N. FIFE
J. W. GUTHRIE
MOSES THATCHER
THOMAS G. WEBBER
S. S. JONES
DAVID JOHN
WILLIAM H. ROWE
JOHN NEEDHAM
AUGUST W. CA
JOHN R. PARK

PAGE.
RESTON - 17

ELIAS MORRIS

PAGE.

304

C. C. GOODWIN

384

BATHSHEBA W. SMITH

397

5ATER ... 32

M. ISABELLA HORNE

404

SARDS 34

WILLIAM H. HOOPER

426

SSER 172

TABERNACLE EXTERIOR

442

5 180

TABERNACLE INTERIOR

454

:N 201
215

E. F. SHEETS
HKNRY DINWOODEY -

510

rjQQ

RICHARDS 245

W. F. ANDERSON

lF*7O

660

248

JOHN L. BLYTHE

670

'IFE 252

LORENZO SNOW

714

: 270

THOMAS E. RICKS -

773

ER 276

LULA GREENE RICHARDS

835

JBBER - 280

JANE S. RICHARDS

838

284

GARDO HOUSE

840

286

W. W. CLUFF

842

:OWE 290
i - - - - 294

EAGLE GATE
LION AND BEE-HIVE HOUSES

844
846

iRLSON - 296

PRESIDENT YOUNG'S GRAVE

848

- .- 300

HISTORY OF UTAH.

VOLUME TWO.

CHAPTER I.

1861-1862.

UTAH'S NEW ERA — ANOTHER CHANGE OF BOUNDARY LINES — THE COUNTIES OF THE TERRITORY

AFTER THE CREATION OF NEVADA CACHE, BEAVER, WASHINGTON AND WASATCH COUNTIES

AND THEIR FOUNDERS UTAH*S FIRST COTTON CROP PRESIDENT LINCOLN'S ATTITUDE

TOWARD THE MORMONS UTAH DURING THE CIVIL WAR APOSTLE TAYLOR'S ORATION-
JULY 4TH, 1861 ADVENT OF THE TELEGRAPH PRESIDENT YOUNG SENDS THE FIRST

MESSAGE OVER THE WIRES " UTAH HAS NOT SECEDED, BUT IS FIRM FOR THE CONSTI-
TUTION AND LAWS" PRESIDENT LINCOLN'S CONGRATULATIONS OPENING OF THE SALT

LAKE THEATER.

NEW era now dawned upon Deseret. An era of electricity
and steam; of rapid advance, of prolific and varied increase
and development. An era of new ideas, the offspring of changed
conditions; of notable achievements, the children of prosperity and
progress. Utah's pioneer period was past. Solitude and isolation
were no more. Her days of adolescence were well-nigh ended. The
sun of an advanced civilization was about to shed its first rays over
the Rockies, illumining the land of the honey-bee.

Perhaps the first event of which we will speak may not be
deemed a progressive one. The purpose preceding it, and to which
it owed its origin, was doubtless in the opposite direction, or was so
considered in Utah at the time. Today, however, it would require
a powerful lens indeed to magnify the result into an injury.

On the 2nd of March, 1861, two days before retiring from office,
President James Buchanan, affixed his signature to an act passed by

2-VOL.2. \\

V i \ ^ \

18 HISTORY OF UTAH.

Congress taking from Utah the western portion of her domain, and
out of it creating the Territory of Nevada. This further curtailment
of the original boundaries of Deseret, — contemplated, though only
in a general way, at the time our Territory was organized,* — was in
deference to the wishes and demands of the Gentile population of
western Utah, who were no longer willing to be subject to Mormon
civil rule.

The section named had been occupied by Mormons and non-
Mormons since early in the "fifties." In the summer of the first
year of that decade Hampden S. Beatie, of Salt Lake City, who had
arrived here from the east only the season before, became one of a
party organized for the purpose of proceeding to the California gold
mines. Mr. Beatie at this time was a non-Mormon, but had married
a Mormon girl and come west with her people to Salt Lake Valley,
Avhere he soon afterwards joined the Church. Leaving his wife in
the Valley, he started with others, as stated, for California. The
Captain of the party was a Mr. DeMont, and Mr. Beatie was its
Secretary. Their company consisted of about eighty persons.
Arriving in Carson Valley, Mr. Beatie, liking the locality, decided to
forego his first intention and remain there. His idea was now to
establish a trading post and do business with the emigrants and
gold hunters who continually passed that way. A few others of his
party concluded to share his lot; among them Mr. DeMont, Abner
Blackburn and brother, and Messrs. Kimball and Carter. Abner
Blackburn prospected for gold, which he discovered in small quanti-
ties in Gold Canyon. Mr. Beatie settled on the site of the present
town, of Genoa, where he claims to have built the first house in
Carson Valley. Excepting the Donner party cabins of 1846, this
was probably the first house erected in what is now the State of
Nevada. Mr. Beatie returned to Salt Lake Valley the same season,
after selling out to a man named Moore, one of various settlers from
both east and west who now began to build and inhabit along the

*See Section 1, Organic Act, Chapter XXIII, Volume I, of this History.

HISTORY OF UTAH. 19

Carson. Some of these were farmers and herdsmen who stopped on
their way to California, or after reaching the land of gold, recrossed
the Sierras and settled. Others were merchants, who began early to
do a thriving business with the emigrants and gold-hunters en route
to the coast. Among the pioneer merchants of Carson Valley were
John and Enoch Reese, of Salt Lake City, the former of whom is
reputed to have built, in 1851, the first house at Genoa, then called
Reese's or Mormon Station. Mr. Beatie, however, as seen, claimed to
have built a house there in 1850, which house, some suppose, after-
wards passed into the possession of the Reeses. Enoch Reese was
a prominent Mormon, and one of the earliest members of the muni-
cipal council of Salt Lake City. After the creation of Carson County
in 1854, when Hon. Orson Hyde was appointed its probate judge,
Enoch Reese was chosen to represent it in the Utah Legislature.
The Mormons were then in the majority and of course controlled all
the local offices.

For some time the two parties — Mormon and non-Mormon —
dwelt amicably together, but with the discovery of gold east of the
Sierras and the consequent rapid influx of miners, many of whom
where of the reckless and turbulent class commonly found in new
countries, troubles and feuds began. Anti-Mormon prejudice soon
asserted itself and much dissatisfaction was felt and expressed by the
Gentiles at being "ruled from Salt Lake City." Owing to this and
certain misunderstandings as to the boundary line between Utah and
California, efforts were repeatedly made, before the idea of a separate
Territory had formed, to annex the Carson region to the Golden State.
To this arrangement California was quite agreeable. Congress,
however, was unwilling to make the change and this phase of the
proposed curtailment was finally dropped. It was these early efforts
to abridge the Territory that caused the settlements in and near
Carson Valley to be strengthened by immigration from eastern and
northern Utah in 1856.* At that time the Mormons were still in the

*The Saints also founded settlements in Eagle, Washoe, Jack and Pleasant valley?.

20 HISTORY OF UTAH.

majority and remained so until the year following. In 1857-8, the
Saints broke up their settlements, as noted in the previous volume,
most of them returning to the shores of the Great Salt Lake. This
left the Gentiles in Carson County in the majority.

It was just at this time that they began taking steps toward the
formation of an independent commonwealth. In August, 1857,
shortly before the final exodus of the Saints from Carson County, the
non-Mormons at Genoa met and passed resolutions declaring it to be
the sense of the inhabitants of that region "that the security of life
and property of immigrants passing through it depended upon the
organization of a Territorial government.'' The memorial ac-
companying the resolutions stated that no law existed in western
Utah except theocratic rule, and that the Utah Legislature had
abolished the courts of Carson County, leaving no officers to execute
the laws except two justices of the peace and one constable, whose
authority no one respected. It also stated that the county was
reduced to an election precinct in which no one voted or cared to
vote ; that there were bad men in the community whose crimes could
only be punished by resort to lynch law; that the country was cut
ofl from California four months of the year by snow, and equally
trom the capital of the Territory by distance, and that the region
had a white population of from seven to eight thousand souls, with
75,000 to 100,000 natives. This last claim was a gross exaggeration,
as were doubtless some of the others. However, the new movement
was very popular among the Gentiles, and like a snowball from the
summit of the Sierras increased in size and swiftness as it sped.
Other meetings were held, and in January, 1858, the Governor and
Legislature of California endorsed the project. James M. Crane was
sent to Washington as a delegate from the inchoate Territory to work
for its organization and to represent it in Congress when it should be
created. Writing from the capital to his constituents, in February of
that year, he stated that the Committee on Territories had agreed to
report a bill and that it would be pressed through both houses as a
war measure, to "compress the limits of the Mormons and defeat

HISTORY OF UTAH. 21

their efforts to corrupt and confederate with the Indian tribes." At
this time the excitement in Washington over the "Utah war" was at
its height. Peace being restored, the organization of "Sierra Nevada
Territory" was postponed. In January, 1859, the Utah Legislature
reorganized Carson County, attaching to it St. Mary's and Humboldt
counties, and fixing the county seat at Genoa. The same act
reorganized Green River County, with its seat of government at Fort
Bridger. June of that year witnessed the discovery, in western
Utah, of the great Cornstock lode, conceded to be the richest mine of
modern times.

During the same summer Judge Cradlebaugh held court in
Carson County, but was opposed by the Gentiles, and his situation
rendered very disagreeable; for no other reason, it appears — s'ince he
himself was an ardent anti-Mormon — than that he represented the
Utah judiciary. In November, 1860, another effort was made to
"throw off the Mormon yoke" and secure an independent Territorial
government. This time the citizens of Carson County went so far as
to elect a Governor and Legislature, and memorialize Congress in
that capacity; an act which if done by the unpopular Mormons
would probably have been denounced as treason. This is not
saying that the act was not perfectly legitimate. Another year's
delay ensued, during which all sorts of rumors prevailed as to what
Congress intended doing in the matter; one report being, as
already related, that it was the design to wipe Utah out of existence
by changing its name to Nevada and removing the seat of govern-
ment from Salt Lake City to Carson Valley. At length, on March
2nd, 1861, the bill became law organizing out of western Utah the
Territory of Nevada. Its eastern limit was placed at the 39th
meridian from Washington. Subsequently — in 1862 — another degree
was added on the east, and in. 1866 still another. Utah began to
think that Nevada " wanted the earth." The first Governor of the
new Territory was James W. Nye; the first delegate to Congress,
John Cradlebaugh, formerly Associate Justice of Utah, who early
identified himself with the fortunes of the newly fledged common-

22 HISTORY OF UTAH.

wealth. Thus, like Eve from the side of Adam, was taken from Utah
the "rib" composing the greater part of the present. State of Nevada.*

During the winter of 1861-2 the Utah Legislature defined anew
the boundaries of the Territory and its several counties. These
then numbered seventeen, and were named as follows: Great Salt
Lake, Davis, Weber, Box Elder, Cache, Utah, Tooele, Juab, Sanpete,
Millard, Iron, Beaver, Washington, Morgan, Wasatch, Summit and
Green River. How most of them came into existence has already
been briefly told, and will be related more fully hereafter. Of the
others, whose histories in detail are also yet to be given, a word here
in passing.

Cache County had been pioneered in July and September, 1856,
by Peter Maughan and a small company from Tooele Valley. They
built Maughan's Fort, where Wellsville now stands, and in April
following organized the county, which had already been created by
the Legislature. Peter Maughan became the first probate judge of
Cache County. Associated with him in his pioneering labors were
his sons William H. and John, and such men as George Bryan, John
Tate, Zial Riggs, Morgan Morgan, Francis Gunnell, 0. D. Thompson,
William Gardner, Abel, John T., and William Garr. At the time
of "the move'' in 1858, Cache Valley was vacated, but the ensuing
spring found Judge Maughan back at his home in the north, where
he with others next located the site of Logan. In August of
that year William B. Preston and the Thatcher brothers, John B.
and Aaron D., joined the colony on Logan River, and later, Father
Hezekiah Thatcher and the remainder of his family, including his
sons George W. and Moses, moved into the valley which they and
their kindred have since done so much to develop and adorn.
William B. Preston, the first bishop of Logan, the present Presiding
Bishop of the Mormon Church, and his brother-in-law, Apostle

* This same year the Territory of Colorado was organized out of portions of Utah,
New Mexico, Kansas and Nehraska. By this act the eastern boundary of Utah was
placed at the 32nd meridian. Nevada became a State in 1864. She claimed in 1870 a
population of 42,491.

' urn bSonaLu.

HISTORY OF UTAH. 23

Moses Thatcher, have long been among Utah's foremost men, and
are of that class of spirits who invariably "make their mark" in
any community. The same may be said of the veteran Peter
Maughan, who was the first bishop of the Cache Valley colony, and
its earliest representative in the Legislature.

Beaver County was settled in April, 1856, by Simeon Howd and
others, who came northward from Parowan for that purpose. They
built the first log cabin on Beaver River, and began to till the soil
along its banks. Soon they were followed by others. In the spring
of 1858 a site for a city was selected and the town of Beaver laid
out; so named, with the river upon which it rests, from the beaver
dams found along the stream. Minersville, the second settlement in
importance, sprang up in 1859. Beaver Valley, in spite of its plen-
teous water supply, as first viewed was barren and forbidding. The
surface was covered with sagebrush and much of the soil so impreg-
nated with alkali as to be considered unfit for cultivation. The
energy and industry of its inhabitants have since made it a choice
and pleasant place of abode.

The pioneer settler of Washington County was John D. Lee,
subsequently of Mountain Meadows notoriety, who, as early as 1852,
located a ranch on Ash Creek, where arose Fort Harmony. This
settlement was twenty miles north of the Rio Virgen. It became the
county seat and continued so until 1859, when the town of Washing-
ton, founded in 1857, took its place. In the latter part of 1861,
colonies aggregating several hundred families, from Salt Lake, Davis,
Weber, Tooele. Utah, Sanpete, Juab, Millard and Beaver Counties,
went south for the purpose of strengthening Washington County and
raising cotton in that region. George A. Smith, Erastus Snow and
Horace S. Eldredge headed this colonizing movement, which was
directed, as usual, by President Young. The city of St. George and
the towns on the upper Rio Virgen were located by these companies,
and the resources of the country were rapidly developed. St.
George, the leading town of that section — the metropolis of the Mor-
mon "Dixie" — was named after George A. Smith, the father of the

24 HISTORY OF UTAH.

southern Utah settlements. A year later reinforcements were
sent from northern Utah, and the first cotton crop of the
Territory — about one hundred thousand pounds — was gathered.
Joseph Home, now of Salt Lake City, had charge of the cotton-
raising colony.

Wasatch County was pioneered in the summer or fall of 1858.
Its first settlers were from Provo and Nephi, and included such
names as William M. Wall, William Meeks, Aaron Daniels and the
Cummings brothers. Ranches were located at that time, but the soil
was not tilled until the following spring. The first to break ground
in "Provo Valley" for agricultural purposes were James Davis,
William Davidson and Robert Broadhead, of Nephi. They were
speedily followed by Thomas Rusband, John Crook, Jesse Bond, John
Jordan, James and John Carlyle, Henry Chatwin, Charles M. Carroll
and William Giles, from Provo. In the spring of 1860 other Utah
County families came into the valley. William M. Wall became the
first president of the colony, with James Laird and John M. Murdock
as his counselors. He was succeeded by Joseph S. Murdock, who
subsequently became the first representative from Wasatch County
to the Legislature. Nymphus Murdock was also an early settler of
that section. Abram Hatch, the foremost man in the county today,
was not among its pioneers, but since his advent has undoubtedly
done as much as any man to make it the thrifty and prosperous por-
tion of the Territory that it now is. Mr. Hatch's record as represent-
ative to the Legislature and in various other prominent positions will
come later.

Resuming now the thread of the general history. On the 4th of
March, 1861, Abraham Lincoln took the oath of office as President
of the United States. He was regarded as a friend by the people of
Utah, and they much esteemed him. When asked as to the policy
he proposed pursuing in relation to the Saints, he replied : " I propose
to let them alone," illustrating his idea by comparing the Mormon
question to a knotty, green hemlock log on a newly cleared frontier
farm. The log being too heavy to remove, too knotty to split, and

HISTORY OF UTAH. 25

too wet to burn, he proposed, like a wise farmer, to "plow
around it."

President Lincoln's appointments for Utah included the follow-
ing named officials : Governor, John W. Dawson ; Secretary, Frank
Fuller; Superintendent of Indian Affairs, James Duane Doty;
Surveyor-General, S. R. Fox. John F. Kinney, previously
reappointed by President Buchanan, was continued in office as
Chief Justice, and R. P. Flenniken and H. R. Crosby were the
Associate Justices.

Governor Dawson received his appointment on the 3rd of
October, and early in December arrived at Salt Lake City. He was
accompanied by the Superintendent of Indian Affairs, Mr. Doty.
Secretary Fuller had preceded them, and for a few weeks had been
acting as Governor. Governor Gumming and wife had left for the
States in May, and for a brief period thereafter Secretary Francis H.
Wootton had officiated in his stead. Soon after the beginning of the
Civil War Mr. Wootton resigned and was succeeded by Secretary
Fuller. Mr. Doty's predecessor as Indian Superintendent was Henry
Martin.

It is worthy of note that during this eventful year, 1861, which
witnessed the out-break of the great rebellion, — the putting forth of
a gigantic effort to destroy the Union, — the people of Utah
manifested their loyalty by a grand and enthusiastic celebration of
the 4th of July, the birth-day of that nation whose life-blood, shed
by her own offspring and destined to flow in crimson torrents ere
her deadly wound was healed, now reddened the streets of Baltimore
and the green slopes of Virginia. Such a celebration was all the
more significant from the fact that Utah at this time was suspected
and even accused of favoring the cause of Secession, and of
cherishing the design to separate from the parent government and
erect herself into an independent nation. How unjust these
suspicions and accusations were will be evident to the reader as
we proceed.

The celebration referred to was general throughout the

26 HISTORY OF UTAH.

Territory, but the most important phase of it was witnessed at Salt
Lake City. The Committee of Arrangements were :, Bishop Edward
Hunter, Hon. Elias Smith, Hon. A. 0. Smoot, Colonel Jesse C. Little,
Captain Leonard W. Hardy, Hon. Jeter Clinton, Colonel Robert T.
Burton, Hon. Alonzo K. Raleigh and Hon. Elijah F. Sheets. The
pageant preceding the ceremonies at the Bowery* on Temple Block,
was a superb affair, representing not only the patriotism of the
people, but their progress and status in the mechanical arts and
industrial pursuits. It moved through the principal streets of the
city under the direction of Major John Sharp, Marshal of the day,
assisted by Majors Theodore McKean, Robert J. Golding, Brigham
Young, Jr., and Captain Stephen Taylor. President Brigham Young
and family viewed the procession from the balcony of the Bee-Hive
House, over which floated the nation's standard. It is due to that
interesting day and occasion to briefly note some of the prominent
features of the pageant and the celebration. They were as follows:

1. A company of Pioneers under Captain Seth Taft, aided by
George Woodward and William Carter, carrying a banner inscribed
with the names of the Pioneers of 1847.

2. Martial Band, under Major Dimick B. Huntington.

3. Company of Light Infantry led by Captain George Romney,
with banners — one the stars and stripes, the other bearing the
legend, "God and our Right, Liberty or Death."

4. President and Directors of the Deseret Agricultural and
Manufacturing Society, and a body of agriculturists, with banners,
and wagons loaded with fruits of the earth and various farming
implements. Reuben Miller was in charge of this display, with Jacob
Weiler and John Scott as his assistants.

5. Stock-raisers, under Bryant Stringam.

6. Horticulturists, under E. Sayers.

7. Chemists, under Alexander C. Pyper.

8. Millwrights, under Frederick Kesler.

* This Bowery occupied a portion of the site of the present Tabernacle.

HISTORY OF UTAH. 27

9. Bridge-builders, under Henry Grow.

10. Representatives of the Deseret Foundry, under the
direction of Zacharias W. Derrick.

Then came other crafts and trades headed as follows:
Sons of Vulcan, Jonathan Pugmire; edge tool makers, Robert Daft;
gun and locksmiths, James Hague; tin and copper smiths, Dustin
Amy; carpenters and joiners, Miles Romney; wheelwrights, Samuel
Bringhurst; cabinet makers, carvers, turners and upholsterers,
William Bell; coopers, Abel Lamb; stone cutters, Charles Lambert;
masons, plasterers, brick and adobe makers, John H. Rumel;
painters and glaziers, Edward Martin; tanners and curriers, James
Robson; boot and shoemakers, Edward Snelgrove; saddle and
harness makers, Francis Platt; wool carders, Theodore Curtis;
weavers, Thomas Lyon; dyers, J. Evans; tailors, Claude Clive;
hatters, Lyman Leonard ; potters, John Eardley ; millers, John Neff ;
bakers and confectioners, William L. Binder; butchers, Charles
Taylor; rope-makers, William A. McMaster; comb-makers, William
Derr; match-makers, Alexander Neibaur; basket-makers, Daniel
Camomile; broom-makers, Moses Wade; tobacco manufacturers,
Benjamin Hampton; artists William V. Morris; engravers, David
McKenzie; jewelers, Charles Kidgell; silversmiths, John Rogers;
watch and clock makers, Octave Ursenbach; hair-dressers, John
Squires; quarrymen, Adam Sharp; lumber men and sawyers,
Edmund Ellsworth.

Following these displays came Ballo's Band, led by Lieutenant
Worthen, and a corps of civil engineers under General Jesse W. Fox.
After came the paper-makers under T. Howard, and vehicles
containing the Typographical Association, with press and fixtures,
under the direction of Henry McEwan. In the second wagon the
pressmen were striking off patriotic songs and distributing them
among the people as they passed. In another vehicle were the
book-binders and paper-rulers under John B. Kelley.

Next went the Committee of Arrangements and orators of the
day, Territorial, County and City officers, the chancellor and regents

28 HISTORY OF UTAH.

of the University of Deseret, teachers and pupils of the select and
district schools, etc. A car with national emblems,, representing the
army and navy, formed a very attractive feature of the procession.
Near the foot of the pageant marched a company of Indian children,
neatly attired, under the direction of John Alger, with a banner on
which was inscribed the paraphrased Book of Mormon prediction:
"We shall become a white and a delightsome people." The martial
band of Captain George W. Brimhall preceded the concourse of
citizens which closed the procession.

The ceremonies at the Bowery consisted of music, — "Star
Spangled Banner," by the Nauvoo brass band ; prayer by the
Chaplain, David Pettigrew; music, "Hail Columbia," by Ballo'sband:
reading of the Declaration of Independence by John R. Clawson
Esq.; music, "Yankee Doodle," by Major Huntington's martial
band; an oration by Hon. John Taylor; artillery salute; a patriotic
song composed for the occasion by Eliza R. Snow and sung by
William Willes; an oration by John V. Long, Esq., and an address
by Hon. George A. Smith, followed by music, toasts, sentiments, etc.

As a reflex of the feeling throughout Utah at this time we here
present an excerpt from the oration of Hon. John Taylor. After
dwelling upon the past history of the nation and the various
experiences of the Latter-day Saints, the speaker came to the subject
of the Civil War, and said :

The fiercest passions of human nature have been aroused ; the gauntlet is thrown
down ; the rubicon is passed ; the clarion of war is sounded and fratricidal war is already
inaugurated. It is not against a stranger that our nation fights, no

enemy has invaded our borders ; it is state against state, brother against brother, father
against son, and officers who have heretofore fought side by side in behalf of their
country now meet each other in deadly contest. Citizens of the same village and city
and state, now burn with deadly anger against each other, and thirst for each other's
blood. Distrust, jealousy, deception and fraud take the place of confidence, kindness,
brotherhood and philanthropy, and like a deadly moloch crush out of neighborhoods,
villages, cities, states and the nation everything that is good, 'generous, kind, noble and
elevating. While the grim fiend of war mocks at the miseries of humanity now
commenced, and already rejoices at the prospect of glutting himself with human blood ;
talk of a day of jubilee and rejoicing ! Our flags do flutter and our standards are raised.

HISTORY OF UTAH. 29

but it is to gather the people to battle. Our drums beat and our men assemble, but the
cry is " To arms ! to arms ! " Our cannon indeed roar, but it is to slay men, and while I
speak and you hear from four to five hundred thousand brothers are gathering together
preparatory to the deadly fray.
#****** * * * *

It may now be proper to inquire what part shall we take in the present difficulties?
We do not wish to dodge any of these questions. We have ever taken a manly, straight-
forward path, and always expect to do so. In regard to the present strife, it is a warfare
among brothers. We have neither inaugurated it nor assisted in its inauguration; both
parties, as already shown, have violated their Constitutional obligations. No parties in the
United States have suffered more frequently and more grievously than we have the viola-
tion of our national compact. We have frequently been mobbed, pillaged and plundered,
without redress. We have been hunted like the deer on the mountains, our men have
been whipped, banished, imprisoned and put to death without a reason. We have been
driven from city to city, from state to state, for no just cause of complaint. We have been
banished from the pale of what is termed civilization, and forced to make a home in the
desert wastes.

Not content with this, we have been pursued by the legions of the United States in
our desert home. Those who should have been our fathers and protectors, have thirsted
for our blood and made an unconstitutional use of the power vested in their hands to
exterminate us from the earth. Still we are loyal, unwavering, unflinching in our
integrity ; we have not swerved nor faltered in the path of duty.

Shall we join the North to fight against the South ? No ! Shall we join the South
against the North ? As emphatically, no ! Why? They have both, as before shown,
brought it upon themselves, and we have had no hand in the matter. Whigs, Democrats,
Americans* and Republicans have all in turn endeavored to stain their hands in innocent
blood, and whatever others may do, we cannot conscientiously help to tear down the
fabric we are sworn to uphold. We know no North, no South, no East, no West ; we
abide strictly and positively by the Constitution, and cannot by the intrigues or sophisms
of either party, be cajoled into any other attitude.
***** ******

We do not wish to parade our loyalty nor render fulsome adulation to men, or
empty institutions, but the Constitution of the United States has ever been respected and
honored by us. We consider it one of the best national instruments ever formed. Nay,
further, Joseph Smith in his day said it was given by inspiration of God.

We have ever stood by it and we expect when the fanaticism of false blatant friends
shall have torn it shred from shred, to stand by the shattered ruins and uphold the
broken, desecrated remnants of our country's institutions in all their primitive purity and
pristine glory. Our motto has always been, and ever will be, freedom to the Jew,
Moslem, Greek, and Christian. Our banner floats for all and we would not only proclaim
liberty throughout the land, but freedom to the world.

* The Know-nothing party.

30 HISTORY OF UTAH.

On the 17th of October of this year was completed to Salt Lake
City the Pacific or Overland Telegraph Line, which for several
months had been approaching from both east and west the Terri-
torial capital. Arrangements to push the line through from
California had been made in March and April, by Messrs. Wade and
Creighton, the former president and the latter superintendent of the
Pacific Telegraph Company.* The first pole was put up at Fort
Churchill, Nevada, on the 20th of June, and early in July James
Street, Esq., planted the first poles in Utah on East Temple Street,
Salt Lake City. This was not the completion of the line between
those points, but merely the erection of the terminals. In June
Messrs. Little and Decker of this city were busily engaged laying the
poles on the eastern route and in July they secured the contract to
furnish poles for the western division, as far as Ruby Valley,
Nevada. The work was energetically prosecuted, and on the 17th of
October the local operator connected with the eastern route
announced that the line was complete.

No word, however, went over the wires until next day, when the
first use of the telegraph was courteously tendered to President
Brigham Young. He accepted and forwarded to President Wade this
dispatch :

GREAT SALT LAKE CITY,

October 18th, 1861.

Hon. J. H. Wade, President of the Pacific Telegraph Company, Cleveland, Ohio,
SIR: — Permit me to congratulate you on the completion of the Overland Telegraph
line west to this city, to commend the energy displayed by yourself and associates in the
rapid and successful prosecution of a work so beneficial, and to express the wish that its
use may ever tend to promote the true interests of the dwellers upon both the Atlantic and
Pacific slopes of our continent.

UTAH HAS NOT SECEDED, but is firm for the Constitution and laws of our once happy
country, and is warmly interested in such useful enterprises as the one so far completed.

BRIGHAM Youx<;.

Sunday morning, October 20th, the following reply was received:

* Edward Creighton, of Omaha, to whom Congress had granted the charter for the
Pacific Telegraph, was the chief projector and builder of this line.

HISTORY OF UTAH. 31

CLEVELAND, Oct. 19, 1861.
Hon. Brigham Young, President, Great Salt Lake City,

SIR : — I have the honor to acknowledge the receipt of your message of last evening,
which was in every way gratifying, not only in the announcement of the completion of
the Pacific Telegraph to your enterprising and prosperous city, but that yours, the first
message to pass over the line, should express so unmistakeably the patriotism and Union-
loving sentiments of yourself and people.

I join with you in the hope that this enterprise may tend to promote the welfare and
happiness of all concerned, and that the annihilation of time in our means of communi-
cation may also tend to annihilate prejudice, cultivate brotherly love, facilitate commerce
and strengthen the bonds of our once and again to be happy Union.

With just consideration for your high position and due respect for you personally,
I remain your obedient servant,

J. H. WADE, President Pacific Telegraph Go.

On the same day that the first message was sent, acting-
Governor Fuller made use of the wire to salute President Lincoln.
The nation's chief answered, expressing sentiments reciprocal to the
congratulations conveyed. Here are copies of both telegrams :

GREAT SALT LAKE CITY,

October 18th, 1861.
To the President of the United States:

Utah, whose citizens strenuously resist all imputations of disloyalty, congratulates
the President upon the completion of an enterprise which spans a continent, unites two
oceans, and connects with nerve of iron the remote extremities of the body politic with
the great governmental heart. May the whole system speedily thrill with the quickened
pulsations of that heart, as the parricide hand is palsied, treason is punished, and the
entire sisterhood of states joins hands in glad reunion around the national fireside.

FRANK FULLER, Acting Governor of Utah Territory.

WASHINGTON, D. C., October 20th, 1861.
Hon. Frank Fuller, Acting Governor of Utah Territory,

SIR : — The completion of the telegraph to Great Salt Lake City is auspicious of the
stability and union of the republic. The Government reciprocates your congratulations.

ABRAHAM LINCOLN.

All day long on the 18th the wires were kept busy conveying
messages of friendly greeting and congratulation to and from Salt
Lake City and distant eastern points. A few days later the western
line was completed, and on the 24th of October President Young
sent the first telegram from Salt Lake City to San Francisco.

32 HISTORY OF UTAH.

The advent of the telegraph, which placed Utah in daily com-
munication with the Atlantic and Pacific States and the British North
American provinces, was, it is needless to say, an event of prime
importance. It may properly be regarded as the dawn of a new era
on our Territory. Said the Deseret News, expressing the universal
sentiment regarding the auspicious occurrence: "The overland tele-
graph line * * is one of the greatest and grandest institutions of
recent construction." "We cannot but be satisfied with the establish-
ment of the telegraph enterprise through the Territory. Facility of
communication is the natural desire of all intelligent beings, and in
an age of progress and development like the present the electric high-
way becomes a necessity." "The hope is entertained that at no
distant day the 'iron horse ' may have a track prepared for it across
the continent."

Following close upon the heels of this important event came
another scarcely less notable in a local view. It was the completion
and opening of the Salt Lake Theater, — at the time of its erection
and even now, one of the finest dramatic temples in America.
Ground had been broken for the foundations on the 1st of July, 1861,
and about two hundred men had been employed upon it more or less
regularly from that time until the spring following, when the build-
ing was completed. The architect and superintendent of construc-
tion was William H. Folsom, but it was well understood that Presi-
dent Brigham Young, the projector and proprietor, had also brought
to bear his rare architectural genius upon the designs. The ground
plan of the structure was eighty by a hundred and forty-four feet,
with walls forty feet high to the square. From the ground to the
top of the decking was sixty-five feet, and to the summit of the dome
twenty-five feet more. The rock work, three feet thick, rose twenty
feet above the ground, from which point the walls were of adobe,
two and a half feet thick. The roof was self-supporting. The
interior was handsomely fitted up, — gorgeously for those times, — the
auditorium being divided into parquet and family circle, and first,
second and third circles, with the usual orchestral space between

CB
pj

t/2

HISTORY OF UTAH. 33

parquet and stage. The opening at the drop curtain measured thirty
by thirty-one feet, and the stage had a full depth of sixty-two
feet. The total cost of the building, which still stands on the
corner of State and First South Streets, was over a hundred thou-
sand dollars.

The Theater was dedicated on the evening of Thursday, March
6th, 1862. The house was packed with an eager throng, admitted
on special invitation to witness the ceremonies. On the stage, in
front of the curtain, reserved seats were placed for the First Presi-
dency and a few others, while the auditorium was occupied by the
High Council and other ecclesiastical dignitaries; city, county and
Territorial officials, the corps dramatique, the workmen upon the
building, the public hands, and their families. Many who, though
invited, were unable to gain admittance, owing to the crowd, reserved
their tickets for the first regular night of the season — Saturday,
March 8th. The ceremonies of dedication consisted of a few open-
ing remarks by President Young; singing by the choristers, "Lo! on
mountain tops appearing;" the dedicatory prayer by President
Daniel H. Wells;* singing, "Star Spangled Banner," by William C.
Dunbar; addresses by Presidents Brigham Young, Heber C. Kimball
and Apostle John Taylor; an anthem — words by Eliza R. Snow,
music by Charles J. Thomas — rendered by the choir and orchestra;
and another song by Dunbar composed for the occasion by
Apostle Taylor. The Theater Orchestra, under the baton of Pro-
fessor C. J. Thomas, during the evening rendered several popular
selections.

Before another immense audience, on the evening of the 8th,
the Theater was opened to the public. The pieces presented
on that occasion were "The Pride of the Market" and "State
Secrets," between which a comic song — "Bobbing Round" — was
rendered by the inimitable Dunbar. Here are the casts of the plays:

* Daniel H. Wells had succeeded Jedediah M. Grant as Second Counselor to President
Young on the 4th of January, 1857.

34 HISTORY OF UTAH.

PRIDE OF THE MARKET.

Marquis De Volange Mr. John T. Caine

Baron Troptard - Mr. Henry Maiben

Chevalier De Bellerive Mr. J. M. Simmons

Ravannes Mr. R. H. Parker

Dubois Mr. D. McKenzie

Isidore Farine - - Mr. H. B. Clawson

Preval Mr. S. D. Sirrine
Servants - Messrs. Matthews and Snell

Waiter Mr. J. B. Kelly

Mademoiselle De Volange - Mrs. Woodmansee

Marlon Mrs. M. G. Clawson

Gavotte Mrs. Cooke
Market women, Customers, etc., etc.

STATE SECRETS.

Gregory Thimblewell, the Tailor of Tamworth, (with a song) Mr. H. E. Bowring

Robert, his Son, - Mr. R. H. Parker

Master Hugh Neville (an officer in the Army of the Parliament, commanded by

General Fairfax) - Mr. S. D. Sirrine

Calverton Hal (a Cavalier belonging to the Army of Prince Rupert) Mr. W. H. Miles
Humphrey Hedgehog (a wealthy Miller and Landlord of the Black Bull Inn, in

Tamworth) Mr. P. Margetts

Maud Thimblewell (the Tailor's Wife) Mrs. Bowring

Letty, Daughter of Hedgehog (with a song) Miss Thomas

Cavaliers, Townspeople.

In those days the prices of admission were as follows : parquet,
first and second circles, seventy-five cents; third circle, fifty cents.
The doors opened at 6 o'clock, and performances commenced at 7.*

* In Chapter XXIV., Vol. I., it is stated that the first play ever produced in Utah was
" Robert Macaire," presented at the "Old Bowery," in 1850 or 1851. Since that volume
was published — prior to which careful research was made respecting this matter — Mr.
Henry P. Richards, one of the earliest connected with the drama in Salt Lake City, has
informed us that a play entitled " The Triumph of Innocence," in which he took part, was
presented at the Bowery some time before " Robert Macaire," and that the dramatic
company to which he belonged, and which gave this pioneer performance, was organized
at the house of Joseph L. Heywood, in the Seventeenth Ward, with Robert Campbell as
President. Its other members were Henry P. Richards, George Nebeker, W. D. Young,
John L. Smith, William Glover, John Pyper, Ensign Rich, Edgar Blodgett, William Hyde,
(afterwards founder of Hyde Park, Cache County) Mrs. J. L. Heywood, Mrs. Sarah

,mha<

HISTORY OF UTAH. 35

For some time prior to the opening of the Theater, performances
at the Social Hall had been discontinued. The Deseret Dramatic
Association having disbanded, the Mechanics' Dramatic Association,
headed by the popular comedian Phil. Margetts, had taken its place.
The Margetts combination played at "Bowring's Theater," a large
room in the private house of Henry E. Bowring, Esq., fitted up with
stage, scenery and the usual theatrical accessories. But the days
of these primitive homes of the drama, except for an occasional
amateur entertainment at the Social Hall, were now over. They
were completely superseded by the great Thespian temple reared by
Brigham Young.

The Salt Lake Theater was managed by Messrs. H. B. Clawson
and John T. Caine, T. W. Ellerbeck being Treasurer, and upon its
boards the reorganized Deseret Dramatic Association, which now
included the Mechanics' combination, rose rapidly to recognition as a
first class stock company. The actors and musicians in those days
played without pay. They were "brethren and sisters," as much so
upon the stage or in the "green-room," as at the meeting-house or in
their private homes. They devoted themselves to the drama for
pure love of the classic art, and to furnish wholesome amusement
for the community. Among the members of the association, of
which Brigham Young himself was President, were several of his
own daughters, as well as other scions of well known Mormon
families.

During the Theater's first season, home talent held the boards
exclusively, but after that there began to arise upon its horizon
dramatic stars from abroad ; some of them of the first magnitude.
Among the earliest stellar attractions may be mentioned the stately
tragedian, Thomas A. Lyne, the versatile Irwins, the polished
Pauncefort, and the magnificent Julia Dean Hayne.

Lawrence Kimball and Miss Sarah Badlam. The orchestra was composed of members
of the Nauvoo Brass Band, Phil. Margetts playing the cornet. After " The Triumph of
Innocence," several other pieces were presented by this company prior to the performance
of "Robert Macaire" by Messrs Kay, Glawson and others.

36 HISTORY OF UTAH.

CHAPTER II.

1861-1862.

UTAH AGAIN ASKS FOR STATEHOOD — GOVERNOR DAWSON AND HIS DISGRACE — THE STATE CON-
VENTION GOVERNOR YOUNG'S MESSAGE WILLIAM H. HOOPER AND GEORGE Q. CANNON

SENATORS ELECT TO CONGRESS COLONEL BURTON'S EASTERN EXPEDITION PRESIDENT

LINCOLN REQUESTS GOVERNOR YOUNG TO PROTECT THE OVERLAND MAIL ROUTE AND TELE-
GRAPH LINE A PROMPT RESPONSE LOT SMITH'S INDIAN EXPEDITION — THE MORRlSJTEr-.

'HE year 1862 saw Utah again knocking for admission at the
*3r portals of the Federal Union. Not content with manifesting
her loyalty by a superb Fourth of July celebration, while the
nation whose birth she thus commemorated was locked in a death
struggle with her powerful and determined foe, Secession; or by
patriotic telegrams, the first to pass over the lately completed over-
land line, our Territory proposed to prove unmistakeably her faith in
the perpetuity of American institutions, and her desire and design
to maintain them, by seeking to become identified with that Union
whose very existence was now threatened, whose glorious integrity
seemed literally crumbling to atoms.

The prospects for success at this time were very flat-
tering. Delegate Hooper, writing from Washington to Apostle
George Q. Cannon, in December, 1860, had said: "I think three-
quarters of the Republicans of the House would vote for our
admission; but I may be mistaken. Many say they would gladly
swap the Gulf States for Utah. I tell them that we show our loyalty
by trying to get in, while others are trying to get out, notwithstand-
ing our grievances, which are far greater than any of the seceding
States; but that I consider we can redress our grievances better
in the Union than out of it." Such was the view taken by Utah's
delegate before the war began. Such was the general feeling of

HISTORY OF UTAH. 37

her citizens now that the great conflict had commenced and the
Union was in deadly peril ; success, so far, having smiled upon the
militant efforts of the Confederacy. Utah was for the Constitution
and the old flag, and proved it by applying for statehood at a time
when other States had just seceded, had fired upon that flag, unfurled
another banner to the breeze, and were now in arms against the
Federal Government.

The movement for statehood to which we refer began early in
December, 1861. On the 9th of that month the Utah Legislature
convened in regular session at Salt Lake City and organized by
electing Daniel H. Wells President of the Council and John Taylor
Speaker of the House. At the beginning of the session a bill —
Council File No. 2 — was introduced for an act providing for a
convention of delegates for the formation of a constitution and state
government. This bill, being passed by both branches of the Legis-
lature, was presented to Governor Dawson and by him vetoed. The
Governor gave as his principal reason for disapproving of the
measure that the time intervening between the passage of the act
and the date fixed in the act itself — January 6th, 1862 — on which
to take the sense of the electors of the Territory for or against a
state convention, was too short to allow due notice to be given to
the people, or for the act to be officially submitted to Congress prior
to the election of delegates to the convention or the holding of the
convention itself. On the other hand the legislators and the people
generally held that it was not necessary to first submit the act to
Congress in order to render it operative. They maintained that
an act passed by the assembly and approved by the Governor would
go into effect and remain so unless Congress disapproved it. The
Legislature was of course powerless to do more in the premises — at
least for the present — but the people throughout the Territory
convened in mass meetings on the 6th of January and elected
delegates to the state convention to be held at Salt Lake City on
the 20th.

Meantime Governor Dawson had fallen into disgrace and left the

38 HISTORY OF UTAH.

Territory. Mr. Stenhouse states that he was made " a victim of
misplaced confidence and fell into a snare laid for his feet by some
of his own brother officials."* Be this as it may, it is a fact that
Governor Dawson made indecent proposals to a respectable lady of
Salt Lake City, and fearing chastisement at the hands of her rela-
tives or friends, hastily departed, on the afternoon of the last day
of 1861, for his home in Indiana. He was accompanied by a Dr.
Chambers. Reaching Hanks' mail station, at Mountain Dell,
between Little and Big mountains, that night, the Governor was set
upon by a gang of rowdies, who robbed and then assaulted him
shamefully; kicking and beating him until he was exhausted.
Among those accused of committing the outrage were Jason Luce,
Wood Reynolds, Lot Huntington and Moroni Clawson. One of these
men — Wood Reynolds — is said to have been related to the lady to
whom Governor Dawson made insulting advances. The other
assailants were merely drunken desperadoes and robbers, who were
soon afterwards arrested for their cowardly and brutal assault upon
the fleeing official. One of them, Lot Huntington, was shot by
Doputy Sheriff 0. P. Rockwell, on January 16th, at Faust's Station
in Rush Valley, while attempting to escape from the officers, and two
others, John P. Smith and Moroni Clawson, were killed during a
similar attempt, next day, by the police of Salt Lake City. Their
confederates were tried and duly punished. The men killed were
guilty of other robberies besides that committed on Governor
Dawson, and their tragic taking off was not regretted by the general
community.

The Governor having left the Territory, Secretary Fuller again
assumed the duties of the Executive. Among the Legislative
measures which received his sanction was a memorial to Congress
asking for the admission of Utah into the Union.

On the 20th of January, 1862, the members elect of the
State Convention assembled at the County Court House in Salt

"Rocky Mountain Saints," page 592.

HISTORY OF UTAH. • 39

Lake City. The Deseret News gives the following list of the delegates
present:

Great Salt Lake County. — Daniel H. Wells, Abraham 0. Smoot,
Elias Smith, James Ferguson, Reuben Miller, Wilford Woodruff,
Archibald Gardner, Albert Carrington, John Taylor.

Davis County. — Lot Smith, Thomas Grover, William R. Smith,
Christopher Layton, Samuel W. Richards.

Weber County. — Aaron F. Farr, Lorin Farr, Chauncey W. West,
Jonathan Browning, James McGaw, Crandall Dunn.

Box Elder County. — Lorenzo Snow, Jonathan C. Wright, Alfred
Cordon.

Cache County. — Ezra T. Benson, Peter Maughan, William B.
Preston, William Hyde, Preston Thomas, William Maughan, Seth M.
Blair.

Summit County.— Thomas Rhoads, Henry W. Brizzee, John Reese.

Tooele County. — Evan M. Greene, John Rowberry, Eli B. Kelsey.

Shambip County. — Lysander Gee.

Cedar County. — Zerubbabel Snow, William Price.

Utah County. — Leonard E. Harrington, James W. Cummings,
Albert K. Thurber, Lorenzo H. Hatch, Benjamin F. Johnson, Aaron
Johnson, Wm. M. Wall.

Juab County. — Timothy B. Foote, Israel Hoyt, Jonathan Midgley.

Sanpete County. — Frederick W. Cox, Orson Hyde, Matthew
Caldwell, William S. Seeley, Bernard Snow, Madison D. Hambleton.

Millard County. — Thomas Callister, Thomas R. King, Levi
Savage, Jr.

Beaver County. — William J. Cox, E. W. Thompson, James H.
Rollins.

Iron County. — Hosea Stout, Silas S. Smith, Horace S. Eldredge.

•

Washington County. — John M. Moody, William Crosby, George
A. Smith.

The officers elected by the convention were : Daniel H. Wells,
President; William Clayton, Secretary; Patrick Lynch and Robert
L. Campbell, Assistant Secretaries; Robert T. Burton, Sergeant-at-

40 -HISTORY OF UTAH.

Arms; Andrew Cunningham, Foreman; John W. Woolley, Door-
keeper; James F. Allred, Assistant Doorkeeper; David P. Kimball,
Messenger; Henry Heath, Assistant Messenger; Joseph Young,
Chaplain. The officers having been sworn, the various committees
appointed, and the freedom of the convention extended to Presidents
Brigham Young and Heber C. Kimball, acting-Governor Fuller, Hon.
William H. Hooper, Chief Justice Kinney and others, — Federal,
Territorial and City officials, — an adjournment was taken until
January 22nd. On that day the Constitution of the State of
Deseret, with a memorial to Congress praying for the admission of
said state into the Union, was unanimously adopted. The first
general election under the constitution was set to take place on the
first Monday in March. The convention closed on the 23rd of
January, after nominating for the coming election Brigham Young
as Governor, Heber C. Kimball as Lieutenant-Governor, and John M.
Bernhisel as Representative to Congress for the proposed State of
Deseret.

The election was held on the day appointed — March 3rd — the
constitution was unanimously adopted by the people, and the
officers named elected without a dissenting vote. An election for
Senators and Representatives of Deseret occurred simultaneously,
and on the 14th of April, pursuant to proclamation by the Governor
elect, the first General Assembly of the State convened at the
Council House in Salt Lake City. Seventeen counties were repre-
sented. The Senate organized with Hon. John Taylor as President,
and the House with Hon. Albert P. Rockwood as Speaker. In joint
session they listened to Governor Young's message, a few paragraphs
of which are here inserted :

Whether our revolutionary fathers varied much or little from the spirit and letter of
the Constitution in their initiative legislation relative to citizens settling on the public
domain, or whether at that period it was within their power to have legislated more in
accordance with the Constitution, are questions it is probably needless to dwell upon at
present. Certain it is that at an early day, it was deemed proper to institute Territorial
governments for settlers on the public domain, which usage is continued to the present ;
from these embryo governments States were to be formed and admitted into the Union.

HISTORY OF UTAH. 41

***********

In a Republican Government like ours I hold that both justice and consistency
require that citizens in Territories, however few in number, should at least have not only
a voice, but also a vote in the Representative Branch of the General Government, a vote
for the Chief Magistrate, and their choice in the officers appointed by him, except perhaps,
the Secretary, and Judges and other law officers so far as their official acts are exclusively
restricted to business pertaining to the United States as a party : and still more just and
consistent would it be were the people allowed one Representative in Congress and to
elect all their officers with the exceptions already named. And then, when the people in
a Territory properly express their wish to assume the responsibility and expense of a
State government, upon their presentation of a constitution republican in form, with a
petition for admission, the Declaration of Independence, the Constitution, justice, and the
most ordinary regard for the rights of their fellow-citizens all combine to counsel Congress
to cordially welcome and at once admit that Territory into the family of States, regardless
of the number of its population.
***** ******

California, occupying, like Utah, territory ceded to the United States by the treaty
of Guadalupe Hidalgo, February 2nd, 1848, and having passed a short period under
what may be called a military-civil government, met by her delegates in convention,
formed a constitution, ratified it on the 13th of November, 1849, by a very unanimous
vote, and at the same time " elected a Governor, Lieutenant-Governor, members of the
Legislature and two members of Congress." On the 15th of December next after the
general election the Legislature convened, organized, proceeded to elect the State officers
made elective by the Constitution, two Senators to Congress, and to legislate upon such
matters and in such manner as in their judgment circumstances required. Thus Cali-
fornia without having undergone a Territorial pupilage stepped at once upon the platform
of State action and was admitted into the Union on the 9th of September, 1850, and that
too as constitutionally, lawfully, and properly as any other state has been admitted, having,
" a substantial civil community, and a republican government."

On the 1st of September, 1849, the day the convention began its session, the largest
number claimed by California was some 43,000, a number probably about one half the
present population of Utah.* I think this places us comparatively on a very respectable
footing as to numbers, and do not see that anyone can consistently object to the larger
number doing what was sanctioned on the part of so much the lesser number. It may
also be proper, in order to verify an historical event, to here remark that the sudden
increase of population in California in 1849, from the best information I have, was chiefly
due to the previous first known discovery there of gold by members of the Mormon
Battalion, which battalion also very efficiently aided in wresting from Mexico that
fertile and valuable region. Again the census of 1860 shows the population of Oregon
to be 52,464, and she enjoys all the blessings and privileges of state government, on an
equality with her sister states.

*The official returns of the census of 1860 gave Utah a population of 40,273, but
this was regarded as a very imperfect showing.

42 HISTORY OF UTAH.

Most fully are we aware that no improper, ambitious, or disloyal motives have
induced us to prefer following in the state precedental footsteps made by California, but
for reasons so justly urged for her admission, and because our' position is still more
isolated than hers, our population is already numerous and rapidly increasing, our
territorial organization is each year growing less adapted to the necessities of the people
who are wearied in being so long disfranchised, while winning to civilization and freedom
a region so forbidding, and, more than all, because it is our inalienable and constitutional
right, have we adopted a like course in seeking our admission and in our subsequent

action.

******* v * * *

In this connection, and while our nation, with a large and rapidly increasing public
debt, is struggling to preserve the integrity of her boundaries, I deem it proper to suggest
that our admission will leave in the public treasury some $34,000 annually appropriated
for our territorial expenses, and will add to the revenue the full amount of our annual
quota of the governmental tax. *

In accordance with an act passed by Congress, in July last, nearly $27,000, of the
direct tax was apportioned to Utah. I was gratified that our legislative assembly so
promptly assumed the payment of our quota of that tax ; and without question this
general assembly, should they deem further action on that subject necessary, will with
equal patriotism adopt such measures as will best sustain our government in its financial
affairs, so far as our apportionment and every constitutional requirement are concerned.
But I wish it distinctly understood that I object to any action being taken in this or any
other matter, except on the ground of right and justice, and in no wise as an evidence of
our loyalty, for it has oftimes been severely tested, and has on every occasion emerged
from the test with unsullied purity. We are not here as aliens from our government,
but we are tried and firm supporters of the Constitution and every constitutional right.

An adjourned session of the Assembly was held on April 16th,
when other State officers were chosen as follows : Senators to Con-
gress, William H. Hooper and George Q. Cannon ; Secretary of State,
Daniel H. Wells; Treasurer, David 0. Calder; Auditor of Public
Accounts, William Clayton; Attorney-General, Aurelius Miner; Chief
Justice, Elias Smith; Associate Justices, Zerubabbel Snow and
Seth M. Blair.

Senator-elect Hooper set out for Washington on the 26th of
April. His colleague, Apostle Cannon, who was in Europe at the
time of his election, was expected to join him at the nation's capital.
Dr. Bernhisel was already at the seat of government, having been
re-elected, in August, 1861, Utah's Delegate to Congress. During the
previous term, it will be remembered, Mr. Hooper represented the
Territory in that capacity. He succeeded in obtaining a settlement

HISTORY OF UTAH. 43

of some of Utah's claims against the general government. Most of
these were for expenses of the Territorial Legislature. A very
inadequate appropriation was made by Congress on account of Utah's
Indian wars.* He was accompanied east in the spring of 1862 by
Hon. Chauncey W. West, and a mounted escort under Colonel Robert
T. Burton, detailed by Lieutenant-General Wells, upon requisition
from acting-Governor Fuller, to guard the mail stage and passengers
across the Indian-infested plains. The savages at that time were
very hostile. They had destroyed the mail stations between Fort
Rridger and North Platte, and were attacking and robbing coaches
and killing travelers. It was for this reason that Colonel Rurton,
with thirty men, well armed and equipped, was detailed for the
special service mentioned. His report to Governor Fuller was as
follows :

DEER CREEK, May 16, 1862.
Governor Fuller:

My detachment arrived here yesterday at 3 p. m., encountering no difficulty, save that
caused by the mud, snow, etc. We have seen no Indians on the route ; found all the
mail stations from Green River to this point deserted, all stock having, been stolen or re-
moved, and other property abandoned to the mercy of the Indians or white men. We
found at the Ice Spring station, which had been robbed on the night of the 27th, a large
lock mail — twenty-six sacks, a great portion of which had been cut open and scattered
over the prairie. Letters had been opened and pillaged, showing conclusively that some
renegade whites were connected with the Indians in the robbery. The mail matter, after
being carefully collected and placed in the sacks, I have conveyed to this point, also ten
other sacks of lock mail, from the Three Crossings ; all of which will be turned over to
the mail agent at La Prele. Twenty miles from this, we will meet men from the East
for this purpose. The United States troops from the East will be in this vicinity tomor-
row ; and, unless otherwise directed by yourself or General Wells, I will return
immediately, halting on the Sweetwater to investigate still further the causes of the
difficulty, as I have not been able to learn who or what Indians positively have been
engaged in the matter ; but suppose it to be about thirty renegade Snakes and Bannacks
from the north. Some of the party spoke English plainly, and one the German language.
Hon. W. H. Hooper and Mr. C. W. West will take passage in the coach that comes for

the mail.

R. T. BURTON, Commanding.

* The movement for Statehood having failed, Captain Hooper, at the expiration of
Dr. Bernhisel's term, was re-elected delegate, and represented Utah during several suc-
cessive Congresses.

44 HISTORY OF UTAH.

"The year 1862," says Colonel Burton, in a supplemental ac-
count of this expedition, "will be remembered as the season of the
highest water ever experienced in the mountains; as a consequence
travel (over the mountains) was almost impossible. Some idea may
be formed of this matter from the fact that it took this command,
with all their energy and exertion, nine days to go to Fort Bridger, a
distance of only one hundred and thirteen miles from Salt Lake.
Most of our wagons had to be dispensed with at Fort Bridger, at
which point we proceeded mainly with pack animals. It is proper,
also, to state that we received from the Government officers stationed
at the military post at Fort Bridger, provisions, tents, camp equip-
age, etc., all that was within their power to grant.* From this point
(Fort Bridger) all the mail stations were abandoned, many of them
burned, some of the coaches still standing upon the road riddled with
bullet holes from the attack made by the Indians at the time the
drivers and passengers were killed. In some of the mail stations
west of the Devil's Gate we found large numbers of mail sacks which
had been cut open by Indians and the contents scattered over the
ground, which were carefully picked up by my company and carried
on to the North Platte and turned over to the mail contractor at that
point. The coaches were enabled to come west as far as La Prele
station, a distance of some thirty miles east of the Platte.

"The expedition was one of the most hazardous and toilsome we
were ever called upon to perform, but succeeded admirably without
the loss of a man or animal. Returned to Salt Lake City thirty days
from the time of starting and were mustered out of service by
Governor Fuller."

Just two days after Colonel Burton's departure from Salt Lake
City, President Lincoln, through Adjutant-General Thomas, called
upon ex-Governor Young to raise, arm and equip a company of cav-
alry to be employed in protecting the property of the Telegraph and
Overland Mail companies in and about Independence Rock, the scene

*Fort Bridger, since Echo Canyon war times, had been a U. S. military post.

HISTORY OF UTAH. 45

of a late Indian disaster. The company was to be organized as
follows: One captain, one first lieutenant, one second lieutenant,
one first sergeant, one quarter-master sergeant, four sergeants, eight
corporals, two musicians, two farriers, one saddler, one wagoner, and
from fifty-six to seventy-two privates. The men were to receive the
same pay as that allowed to United States troops, and were to con-
tinue in service for ninety days, or until they could be relieved by a
detachment of the regular army. The call was responded to with
alacrity, as the following telegram will testify :

GREAT SALT LAKE CITY, May 1st, 1862.
Adjt-Genl. L. Thomas, U. S. A., Washington City, D. C.:

Immediately on the receipt of your telegram of the 28th ult., at 8 : 30 p. m., I
requested General Daniel H. Wells to proceed at once to raise a company of cavalry to be
mustered into the service of the United States for ninety days, as per your aforesaid tele-
gram. General Wells forthwith issued the requisite orders, and yesterday the captain and
other officers were sworn by Chief Justice J. F. Kinney, the enrolling and swearing in of
the privates attended to, and the company went into camp adjacent to this city.

Today the company, seventy-two (72) privates, officered as directed, and ten (10)
baggage and supply wagons, with one assistant teamster deemed necessary, took up their

line of march for the neighborhood of Independence Rock.

BRIGHAM YOUNG.

The officers of the company were: Captain, Lot Smith; first
lieutenant, Joseph L. Rawlins; second lieutenant, J. Quincy Knowl-
ton ; orderly sergeant, Richard H. Atvvood ; quartermaster sergeant,
James M. Barlow; sergeants, Samuel H. W. Riter, John P. Wimmer,
Howard 0. Spencer, Moses Thurston; corporals, Seymour B. Young,
Newton Myrick, William A. Bringhurst, John Hoagland, Joseph H.
Felt, John Neff, Andrew Bigler, Hyrum B. demons; farriers, Ira N.
Hinckley, John Helm; saddler, Francis Platt; wagoner, Solomon
Hale; musicians, Josiah Eardley and Charles Evans.

The famous Ben Holladay was then proprietor of the Overland
Stage line, to protect which Captain Smith's company went forth.
He at once telegraphed from New York his thanks to Governor
Young for his "prompt response to President Lincoln's request,"
and promised that as soon as "the boys" could give protection, the
mails which had been interrupted should be resumed.

46 HISTORY OF UTAH.

The Lot Smith in command of the expedition to Independence
Rock was the same officer who, as Major of militia, burnt the
Government trains on Green River in the fall of 1857. He and his
comrades now rendered equally efficient service in the cause of
"Uncle Sam," and won golden opinions from the United States army
officers who subsequently joined them with troops and directed their
later movements. From Pacific Springs on the 15th of June, Major
Smith thus wrote to President Young :

President Brigham Young,

DEAR SIR : — I had an interview with Brig.-General Craig, who arrived by stage at this
point. He expressed himself much pleased with the promptness of our attention to the
call of the General Government, also the exertions we had made to overcome the obstacles
on the road, spoke well of our people generally ; he also informed me he had telegraphed
to President Lincoln to that effect, and intended writing him at a greater length by mail.
I received written instructions to the effect that he had placed the whole of Nebraska
Territory under martial law ; Utah, he remarked, was perfectly loyal, and as far as he
knew always had been. He also remarked, we were the most efficient troops he had for
the present service, and thought as we had broke into our summer's work, of recom-
mending President Lincoln to engage our services for three months longer.

A subsequent communication ran as follows:

PACIFIC SPRINGS, June 27th, 1862.
President Young,

DEAR SIR: — I have just received orders from General Craig through Colonel Collins
to march my command to Fort Bridger to guard the line from Green River to Salt Lake
City, and start from here tomorrow morning.

Lieut. Rawlins and command arrived here yesterday ; owing to neglect of the mail,
my orders to Lieut. Rawlins did not reach him until eight days after they were due,
consequently there has been no detail left at Devil's Gate.

There has been built by the command at the former place a log house twenty feet by
sixteen feet, with bake houses, and attached also a commodious corral.

Lieut. Rawlins has left the above station of Major O'Farral, Ohio volunteers, but
occupied by Messrs. Merchant and Wheeler, traders, who formerly owned the station that
was destroyed there ; the property is subject to our order at any time. The command
also made a good and substantial bridge on Sweetwater ; three of our teams crossed
over ; the mail bridge would have been two dollars per wagon, this bridge is free, and
also in charge of Major O'Farral. Several emigration companies crossed during the
time the command was there, free. One company presented us with a good wagon,
which Lieut. Rawlins handed over to Captain Harmon.

I have had frequent interviews with Col. Collins and officers; they have behaved

HISTORY OF UTAH. 47

very gentlemanly, and express themselves much pleased with our exertions, and seemed
disposed to render us every assistance to contribute to our comfort.

Col. Collins is decidedly against killing Indians indiscriminately, and will not take
any general measures, save on the defensive, until he can ascertain satisfactorily by whom
the depredations have been committed, and then not resort to killing until he is satisfied
that peaceable measures have failed.

Col. Collins and officers all allow we are best suited to guard this road, both men
and horses ; they are anxious to return, and if they have any influence, I imagine they
will try to get recalled and recommend to Utah to furnish the necessary guard. The
Colonel has just left our camp, he has sent for Washakie, chief of the Snakes, with a view
to make treaty or obtain information. No sickness at all in camp at present. We are
attached to Col. Collin's regiment, Gen. Craig's division, and furnish our muster, descriptive
and other returns to that command. Should General Wells require duplicates we will
forward them.

I am sir, yours respectfully,

LOT SMITH.

In the latter part of July Major Smith and the larger portion of
his command set out from the vicinity of Fort Bridger in pursuit of
a band of hostile Indians who had robbed the ranch of a moun-
taineer in that neighborhood named John Robinson. They
penetrated to the very heart of the Indian country, in the Snake
River region, following the trail of the savages by forced marches
for eight days; part of the time on short rations, and all of the time
enduring severe hardships. They were not successful in overtaking
the hostiles, though pressing them close, and reaching the vicinity
of the Three Tetons about the end of July. On the 25th of that
month, while crossing the Lewis Fork of Snake River, one of the
company, Donald McNichol, was carried away by the swift current
and drowned. This was the only fatality in the ranks of the
expedition. The company returned to Salt Lake City on the 9th of
August, and were mustered out of service on the 14th. The
expedition, though but one life was lost, and that by accident, was
nevertheless one of the most hazardous in the annals of local
Indian warfare. This was probably the last service performed by
a body of Utah militia beyond the limits of the Territory. The
expenses incurred by both Colonel Burton's and Major Smith's
expeditions were promptly met by the general government.

48 HISTORY OF UTAH.

A writ issued by Chief Justice Kinney, of the Third Judicial
Court of Utah, on the 10th of June of this year, directing Henry W.
Lawrence, Territorial Marshal, or Robert T. Burton, his chief
deputy, to arrest five leading men of what was known as Kington
Fort, in Davis County, and bring them forthwith before him,
immediately led to the episode known as "the Morrisite War."*
For an understanding of the events leading to that unfortunate
affair it is necessary to briefly review the history, precepts and
conduct of the sect called Morrisites.

Joseph Morris, a Welshman, and a member of the Mormon
fraternity, claimed to have received on more than one occasion
revelations for the guidance of the Church. Late in 1860 he read
to President Young a couple of documents which he said he had
been commanded from on high to deliver. They did not receive the
respect and acceptance that he had hoped for, and he trudged off
homeward disappointed and indignant. Reaching the little settle-
ment at Kington Fort, he found a hospitable welcome, the bishop-
Richard Cook — and others yielding a willing ear to his alleged

* Following is a copy of the writ :

TERRITORY OF UTAH, )

i gg

Great Salt Lake County. j

To Henry W. Lawrence Esq., Territorial Marshal, or Robert T. Burton :

Whereas, Philo Allen, of Davis County, and Territory of Utah, hath this day filed a
complaint, on oath, before me, that on or about the 1st day of May, A. D., 1862, in the
County of Davis, and Territory of Utah, one Joseph Morris, John Banks, Richard Cook,
John Parsons and Peter Klemguard, did then and there wilfully and without lawful
authority, forcibly and against the will of William Jones and John Jensen, (imprison said
William Jones and John Jensen) and have kept them in close confinement ever since,
therefore you are hereby commanded to arrest said Joseph Morris, John Banks. Richard
Cook, John Parsons, and Peter Klemguard, if they be found in your bailiwick, and have
them before me forthwith, at the Court House in Great Salt Lake City, then and there to
be dealt with according to law, and have you then and there this writ with your return
thereon endorsed. Hereof fail not under the penalty of the law.

Given under my hand and the seal of the Third Judicial Court, at Great Salt Lake
City, this 10th day of June, A. D., 1862,

[SEAL.] JOHN F. KINNEY,

Judge, Third Judicial Court, Utah.

Attest : PATRICK LYNCH, Clerk.

HISTORY OF UTAH. 49

supernatural communications. It was not until the 6th of April,
1861, however, that what he called "the commencement of the
reorganization of the Church of Jesus Christ of Latter-day Saints"
was formally inaugurated. From the . six members baptized,
confirmed and ordained by him on that occasion as the nucleus, the
sect grew with considerable rapidity, some additions being received
the same day, and one year later it numbered upwards of five
hundred adherents. Morris became its president, and on the
organization being completed, Richard Cook and John Banks were
chosen counselors. To these was added a council of Twelve
Apostles, each of whom was bound by a solemn oath sworn "in the
presence of the Father, and of the Son, and of His servant, the
Prophet," to uphold the latter, "and abide his counsel in all things."
A distinctive doctrine of the new creed was that the coming of the
Savior was at hand, and that instead of sowing and reaping and
following worldly pursuits, the elect people should hold themselves
in daily readiness to receive Him. They were there to learn, not to
labor. The gathering into one location was insisted upon, and
Kington Fort, just west of the mouth of Weber Canyon and in the
bottom lands on the south side of the stream, was designated as the
spot. That the sect gave small thought to the prosaic concerns of
life is evident from their choice of a gathering place. There was
scarcely any unoccupied farming land in the vicinity, and there is
no intimation that any was wanted. The duties of the household
were performed, and these, with occasional journeys to the canyon
for wood, and to the surrounding settlements for breadstuffs,
comprised the sum of the temporal labors of the expectant com-
munity. Their houses were ranged around a quadrangular area
after the manner of a fort, but there were open spaces between
them, besides the four streets entering one from each side. There
was a bowery on one side of the enclosure, a school-house near the
center, and a tent, also used for a place of meeting, near the
school-house. It was the leader's custom to receive revelations at
least once a week, and his followers spent most of their time in

4-VOL. 2.

50 HISTORY OF UTAH.

attendance upon the meetings. All property was held in common,
and though they could not but notice that their belongings were
decreasing day by day through being sold or exchanged for the
necessities of life, the zealous flock looked forward with contented
joy to the day when the possessions of their enemies should all be
given to them. It was charged that some of them, in anticipation of
that day, had levied upon their neighbors' herds. The occasional
mistakes made in the prophet's reckoning as to the day of their
deliverance do not seem to have shattered their faith. Several times
he fixed a date, only to be disappointed ; but it was sufficient
explanation to say that the revelation had been improperly
translated. The 30th of May, 1862, was probably the last date upon
which great hopes had been built. For that occasion an imposing
procession was arranged and at its head rode Morris seated on a
white horse, and wearing a hat surmounted by seven crowns.
Behind rode his counselors, one mounted on a red horse and bearing
a sword, typifying conquest even through blood, the other, riding a
black horse and carrying a pair of scales, signifying the meting out
of justice, even unto death. Other leaders followed on foot and
horseback, there was a martial band, and the whole male force in
military order and under arms. After various evolutions and
incantations, the whole procession formed about Morris who,
standing upon a raised and carpeted platform, waved his rod and
shouted: "Be it known to all the earth that I am Moses," and his
audience enthusiastically hailed him as such.* But the heavenly
guest and deliverer still delayed his coming, and matters in and
outside the fort were approaching a crisis.

* President Wilford Woodruff states that prior to this time he and Apostle John
Taylor visited Kington Fort and held a meeting with the people. The former asked the
Morrisite leader as to the nature of his claims and expectations. Morris replied that he
was Gabriel, Michael, Moses, etc. Apostle Woodruff then said : " Well, when the angel
Gabriel comes to blow his horn I don't think he'll stay around here for thirty days, living
with another man's wife, as you have been doing." Morris, it appears, had previously
been cut off from the Mormon Church for adultery. After the visit of Apostles Taylor
and Woodruff the entire community was excommunicated for apostasy.

HISTORY OF UTAH. 51

While utterly indifferent to the forms of law, and neither
conforming to, nor, as the sequel shows, respecting them, the sect
nevertheless early showed a fondness and a capacity for military
organization. Among its members were men said to have seen
actual service on "the tented field." Certainly the fort soon took on
the appearance of a well-disciplined camp, with regular drills,
sentries, salutes and passwords, and all the pomp and circumstance
of prospective war. The inhabitants were not only a law unto
themselves, — theirs was martial law. Their prophet was their
captain-at-arms, and they all swore and subscribed to an oath that
having been called by him they would "obey him and defend unto
death at the peril of their lives the law of God." At the time of
the pageant above referred to, the military strength of the sect
numbered one hundred and forty-two enrolled men, divided into ten
companies, each having its captain, with a score or two more who
trained and bore arms but were not enrolled. John Fred Klingbeck
seems to have been the chief military spirit, ranking next to Morris,
and holding the title of Lieutenant-at-arms.

To the surrounding settlers the threats and warlike behavior of
the Morrisites offered a constant menace. It is not to be presumed
that there was any intention of visiting upon non-believers at that
time the destruction to which Morris' followers believed them to be
doomed; but their life of idleness, their avowed expectation that the
fullness of the earth was soon to be theirs, and above all their
military attitude and persistent defiance of law, caused them to be
viewed with mistrust if not with fear by their neighbors. Twice
were officers of the courts, whom duty called to serve writs in the
recalcitrant fort, met at the gates and forcibly and rudely driven
back ; brilliant evidence to the boastful inmates of their power to
withstand their enemies and of the speedy approach of the day when
they would put them under foot.

They were destined to a stern awakening from this folly through
dissensions in their own ranks. William Jones, who was an early
convert, was not impractical enough to leave the crop unharvested

52 HISTORY OF UTAH.

which he had just sown when he joined the sect. His worldliness
caused him to be regarded as of little faith; yet when he returned to
the fort with his two hundred bushels of wheat, there seems to have
been no objection whatever to receiving it into the common fund, to
which, in the first days of his conversion, he had also contributed
about sixteen head of cattle. When spring came again he was
found to be no less practical than before, and he had the hardihood
to desire to once more plant his farm. To this and to his wish to
sever relations with his improvident brethren, there came an
unfavorable response. His own apostasy might have been tolerated,
but he wanted to take away the remnant of his possessions, and this
was resisted. By strategy he at length succeeded in escaping with
his wagon and yoke of oxen; but being hotly pursued, he
abandoned them and made his way alone to Kaysville. At this time
the Morrisites were obtaining their flour at Kaysville, and Jones
found no difficulty in sending word to the fort through the
teamsters that he wanted his family to be allowed to join him. He
was a determined man, and repeated refusals of this natural request
incensed him. He finally stopped one of the flour teams, compelled
the teamster to abandon it and walk back to the fort, while he turned
the cattle loose. But retaliation soon followed. Himself and two
other seceders were surprised in the night by an armed detachment
under Peter Klemgaard, one of the Morrisite captains, and carried
back, loaded with chains, to the fort. Thrown into a log house used
for a jail, they were kept in close confinement upon no charge that
they could learn of, and certainly under no warrant of law. This
was early in the month of May. An escape was soon planned by
the doughty Jones, who, however, was too heavily ironed to avail
himself of it. One of his companions succeeded in eluding the
sentries; the other rushed headlong into the arms of one of them,
mistaking him for his companion. He was promptly returned
to jail.

But outside friends took up the cause of the imprisoned men
and, on the 22nd of May, Chief Justice Kinney issued a writ of habeas

HISTORY OF UTAH. 53

corpus, commanding Joseph Morris, John Banks, Richard Cook and
Peter Klemgaard to bring before him the bodies of the three men
held in custody. Marshal Lawrence appointed his deputy, Judson
L. Stoddard, to serve the writ. And that resolute officer,
accompanied by two friends, entered the fort in spite of threats and
warnings that they were taking their lives in their hands, and read
the court's order to Morris and others collected in an excited group
to hear it. Ranks replied defiantly that they would take no notice of
the writ, they would not release [their prisoners, and they neither
feared nor regarded any governor, judge, or law except their own.
The deputy tried to leave a copy of the writ but it was rejected;
endeavoring to serve the paper, it fell to the ground, and Klemgaard
restrained the man who started to pick it up. A shovelful of live
coals was brought from a neighboring house and deposited upon the
paper, which burned where it lay. Stoddard made return of his
service, and though a grave insult |had been loffered the law and its
representative, no further move was made for more than two weeks,
when at the repeated and urgent importunities of the wives and
other relatives of the imprisoned men, the writ for the arrest of the
five rebellious Morrisite leaders, for the unlawful detention of Jones
and Jensen, was issued as first cited in this narrative.

The next day, June llth, a writ of attachment was issued
for their arrest for contempt of court, and at the instance of
Judge Kinney and upon the requisition of Territorial Marshal
Lawrence, through his deputies, Robert T. Burton and Theodore
McKean, Acting-Governor Fuller, on June 12th, called upon General
Wells to furnish a sufficient military force to act as a posse comitatus,
" for the arrest of the offenders, the vindication of justice and the
enforcement of the law." Marshal Lawrence had opposed Judge
Kinney's idea of enforcing the court's orders by a military display,
urging that resistance would be provoked and innocent blood might
be shed. His unwillingness to be a party to such a step doubtless
led to the delay which ensued after Stoddard's return, before the
final writs were issued. Just prior to the latter event Lawrence left

54 HISTORY OF UTAH.

for the East, and the responsibility of resisting or carrying out the
court's orders devolved upon his deputies. General Burton was
likewise opposed to forcible measures; but upon being informed by
Judge Kinney that further delay could not be tolerated, he asked for
a sufficient force of men to overawe the rebels and enforce their
surrender without bloodshed.* Accordingly when he moved upon
the fort early on the morning of the 13th, he was at the head of two
hundred and fifty men with a six-pound gun and a brass howitzer.
A proclamation addressed to the persons named in the writ was sent
in, demanding a surrender within thirty minutes; or, if resistance
were determined on, warning the insurgents to remove their women
and children to a place of safety, and stating that peaceably-disposed
persons could find protection with the posse. This message was
delivered to Banks, who submitted it to Morris, and the latter went
to inquire about it of the Lord. Meanwhile the band played and the
signal calling the people to the bowery was sounded. Morris shortly
joined them, with a written revelation which was read to his council
first and then to the assemblage. It promised that not one of the
faithful should be destroyed, but that the power of their deliverance
should be seen in the total destruction of those sent to oppress
them. His counselor, Cook, was just asking which command the
people should obey, Burton's proclamation or the revelation, when
the second sound of the posse's cannon was heard and a ball crashed
into the bowery, killing two women and wounding a young girl.
Hostilities were begun and the assemblage scattered.

It is certain that at least one hour, and very likely two, elapsed
after Banks received the Marshal's proclamation before a shot was
fired. The commanding officer was so averse to resorting to extremi-
ties that he repeatedly sent couriers from his position on the bluff
down toward the fort to see if there were any signs of compliance
or surrender. At length he ordered the officer in command of the
artillery to fire two shots over the fort as a warning to the

* President Young was also very much averse (o the execution of the process,
fearing that it might result in bloodshed.

HISTORY OF UTAH. 55

belligerents. The first shot passed high above the garrison and
struck the opposite bluff. The second struck in a field between the
posse and the fort, bounded in and did the deadly work in the
bowery. Of this, however, nothing was known to the posse until
after the surrender.

Volley after volley from the entrenched and now infuriated

Morrisites was the first decisive answer to the proclamation ; and
the posse was at once put in the most effective position to perform its
stern duty without loss of time. The fort was speedily invested and
while some who attempted to escape were captured, there were also
many who availed themselves of the Marshal's offer of protection.
In the first day's siege, Jared Smith, one of the posse was killed.
General Burton communicated the fact and his operations thus far to
Acting-Governor Fuller by messenger that evening, and next day
received the following reply:

EXECUTIVE DEPARTMENT, UTAH.

GREAT SALT LAKE CITY, June 14th, 1862.
Colonel R. T. Burton, Deputy Territorial Marshal, U. T. :

SIR: — The shedding of blood in resistance to civil authority renders execution of the
law imperative. The service of the writs submitted to you is expected at your hands, and
you have been empowered to call to your aid a sufficient force for the purpose. Let your
acts be tempered with mercy ; but see that the laws are vindicated.

FRANK FULLER, Acting- Governor.

The second day of the engagement was uneventful; a heavy
rain interfered with active operations, though desultory firing was
indulged in by both parties. The inmates of the fort opened the
third day's proceedings at daylight, and during the morning a
number of sharp assaults were made by the posse. One of these,
undertaken late in the afternoon, resulted in the loss of another of
the posse, but led to the capture of one of the outer buildings from
which the Morrisites had kept up a galling fire. The end of the
contest was now at hand. A rude but effective movable barricade,
consisting of a shield of brush and boards supported by wagon-
wheels, and manned by about a dozen soldiers, was next sent rolling
down toward one of the gateways of the fort and was able to draw

56 HISTORY OF UTAH.

very near while still affording perfect shelter to those behind it.
These movements, — similar to those employed by the Utah militia
against the Indians in an earlier day, — carried dismay to the inmates
of the fort ; and becoming convinced at last that they were dealing
with a force which meant to fulfill the errand upon which it had
been sent, they hoisted the white flag.

This was about sunset of the third day, Sunday, the 15th of
June. Firing was at once suspended, and General Burton, anxious
to arrange the capitulation without further delay, moved forward,
accompanied by two men and a bugler, to meet the flag of truce.
To the bearer of it he announced that he insisted upon an uncon-
ditional surrender, and that the acceptance of these terms should be
shown by the Morrisites stacking their arms in the open space in the
fort. Almost immediately the men who gathered to hear what the
terms were, began to cast their guns in a heap in the center of the
square, and the leader of the posse, commanding the men behind the
movable barricade to follow him, entered the fort. Riding up to
where the leader and the principal group were assembled, he stated
what the court's orders were, but added that he now felt it his duty
to place under arrest all the men who had been in armed resistance.
Leave was asked for Morris to speak to the people, and it was
granted on condition that he would say nothing to cause further ex-
citement. Lifting his hands above his head, and turning toward the
stacked firearms, he exclaimed : "All who are willing to follow me
through life and death, come on." Shouts of approval greeted his
words, and a dash was made for the firearms, which were poorly
guarded by a few men who had followed General Burton into the
fort. Many of the Morrisites who had not yet thrown down their
weapons came running to the spot, and instantly an attempt was
made to enter the schoolhouse in which more arms were stored.
Nearly a hundred men confronted the deputy marshal and his
slender escort. The moment was one of extreme peril. To dally
was to court assassination for himself and party. Twice he com-
manded the frenzied leaders to halt. They heeded not, and the

HISTORY OF UTAH. 57

struggle for the possession of the firearms had already begun. It
was then that the commanding officer, seizing the pistol in his
holster, fired twice at the leaders, while several of his associates did
likewise. In all, perhaps a dozen shots were fired. When the smoke
cleared away Morris was seen to be dead, Banks was mortally
wounded, and two women, Mrs. Bowman and Mrs. Swanee, lay life-
less on the ground near their prophet. It is said that one of them
hung upon his neck as he moved toward the arms, and several
heroically sought to throw themselves between him and danger.

Sudden and unexpected as had been the uprising, it was as
promptly and effectually quelled. There had been bloody work, but
the insurrection was at an end. Some few exchanges of shots
followed between the Morrisites near the wall and the posse outside,
who could only construe the firing within as evidence that treachery
was attempted ; but it was immediately stopped by the commander's
order. The bodies of the slain were conveyed into the schoolhouse,
and the male survivors were made prisoners. They were marched
to the headquarters of the posse, where John Banks died during the
night. A message was sent to the acting-governor, informing him
of the surrender, and early on the morning of Monday, the 16th,
the bodies of Morris and Banks, two of the men whose arrest had
been ordered in Judge Kinney's writ, were taken to Salt Lake City.'
Of the one hundred and forty men made prisoners, upwards of
ninety were marched to the capital, arriving on the evening of
the 17th.

Governor Fuller instructed General Burton that all able-bodied
men among the prisoners, who were capable of bearing arms and
had been found in resistance, should be held, and in the same
communication he congratulated the officer on his success and the
small number of casualties to his force from its entrenched and
barricaded foe. On the 18th the prisoners were placed under bonds
to appear at the March session of court, 1863.

What followed in relation to the Morrisite affair will be related
in the course of another chapter.

58 HISTORY OF UTAH.

CHAPTER III.

1862-1863.

ANOTHER FAILURE TO OBTAIN STATEHOOD — CONGRESS PASSES AN ANTI-POLYGAMY ACT — PRESIDENT

LINCOLN SIGNS IT GOVERNOR HARDING ARRIVES IN UTAH HIS FRIENDLY ADDRESS TO

THE PEOPLE COLONEL CONNOR AND THE CALIFORNIA VOLUNTEERS CAMP DOUGLAS

FOUNDED THE BATTLE OF BEAR RIVER.

DESPITE every favorable indication, Utah's effort for statehood
in the year 1862, like all her former efforts in the same
direction, failed of success. The constitution and memorial carried
to Washington by Senator-elect Hooper were presented in the House
of Representatives by Delegate Bernhisel on the 9th of June, and
in the Senate by Vice-President Hamlin on the day following. At
the same time Mr. Latham, of California, moved that the constitu-
tion and memorial be printed and that the senators-elect, Messrs.
William H. Hooper and George Q. Cannon — the latter having joined
his colleague according to arrangement at the capital — be admitted
'to the floor of the Senate. The motion was referred to the
Committee on Territories. Next day Mr. Latham offered a resolu-
tion to the same effect, which was laid over. Messrs. Hooper and
Cannon labored diligently to secure for their constituents the coveted
boon of state sovereignty, and to impress congressmen and all
whom they met with the justice and rightfulness of their cause.
But all in vain. Though they succeeded in removing from the
minds of statesmen, editors, and men of influence generally much
prejudice in relation to Utah and her people, their efforts to induce
the genii of national authority to touch with magic wand the
Territory and transform it into a State, proved fruitless. The wall
of prejudice was too thick to be penetrated. Though Utah was
proving her loyalty, beyond all question, in standing by the Union

HISTORY OF UTAH. 59

in the hour of its extreme peril, and even then had men in the field
protecting the interests of the Government on the western plains,
while the regular army was grappling with secession in the South,
she was still deemed by many disloyal, unpatriotic, unworthy to be
trusted with the privilege of governing herself, and of forming a
portion of that Union which she was aiding to defend and uphold.

But there was also another barrier to Utah's admission, and
probably at this period it was the main objection in the minds of
the majority of congressmen. It was the Mormon practice of plural
marriage — polygamy — which the Republican party, now in power, in
its original platform had coupled with slavery and stigmatized them
as "twin relics of barbarism." It was rather too much to expect
that the Republicans, now in the overwhelming majority in
Congress, and consequently having the power to invest Utah with
statehood if they so desired, would use that power in her behalf, in
view of their recent declaration against polygamy, thereby placing a
cudgel in the hands of their political opponents from whom they had
but just succeeded in wresting the reins of national authority. Had
the Mormons been willing to abandon polygamy in 1862, thus
meeting the Republican party half way, it is not improbable that
Utah, in view of her loyal attitude, might have been admitted into
the Union ; provided of course that the bug-bear of an alleged union
of Church and State, of priestly influence in the politics of the
Territory, had not acted as a deterrent to those who, barring these
considerations, professed to be friendly to her people.

Possibly it was to help solve this problem, — to assist the
Mormons to arrive at a conclusion to forsake the plural wife practice
and "be like the rest" of the nation, as to monogamy, divorce,
etc., that a bill was introduced in Congress in the spring of this
same year, only a few weeks after the action of the State Convention
of Deseret, to punish and prevent the practice of polygamy in the
Territories, and, as afterwards appeared, to disincorporate the Church
of Jesus Christ of Latter-day Saints. If this hypothesis be correct,
the Mormons were to receive equal rights with and be treated

60 HISTORY OF UTAH.

like the rest of American citizens, if they would put away their
Mormonism and thenceforth cease to be a distinct people. General
Clark, at Far West, in 1838, had made them essentially the
same offer.

The bill in question was introduced in the House of Representa-
tives on the 8th of April, 1862, by Justin S. Morrill, of Vermont. It
was read twice and referred to the Committee on Territories. Reing
reported back on April 28th with a recommendation that it pass,
the bill — H. R. No. 391 — was again read. Mr. Morrill, its introducer,
then said:

"I desire to say to the House that this is the identical bill
passed about two years ago, when there was an elaborate report
made by a gentleman from Tennessee, Mr. Nelson, and when it
received the almost unanimous support of the House. The only
difference between the two bills is this: that bill excepted from its
provisions the District of Columbia, and that exception is stricken
out in this bill. I presume there is no member of the House who is
desirous to discuss this measure, and I move the previous question."

A slight verbal amendment, the striking out of a surplus word
on motion of Mr. Maynard, of Tennessee, was agreed to, and then
ensued the following discussion :

MR. CRADLEBAUGH. I ask the gentleman from Vermont to allow
me to offer an amendment.

MR. MORRILL, of Vermont. I prefer to have the bill pass as it is.

MR. CRADLEBAUGH. I think if the gentleman understood the
character of the amendment he would not object. It is merely to
correct the bill, and not for the purpose of throwing any impedi-
ments.in the way of its passage. The bill, in its present shape, does
not amount to anything.

THE SPEAKER. Does the gentleman withdraw the demand for the
previous question?

MR. MORRILL, of Vermont. I decline to do so.

The previous question was seconded, and the main question
ordered.

HISTORY OF UTAH. 61

The bill was ordered to be engrossed, and read a third time; and
being engrossed, it was accordingly read the third time.

MR. MORRILL, of Vermont. I move the previous question on the
passage of the bill.

MR. BIDDLE. Is all debate necessarily cut off at this time?

THE SPEAKER. It will be if the previous question is sustained.

MR. BIDDLE. There are some of us who would like to hear
debate, if not to participate in it.

THE SPEAKER. Does the gentleman withdraw the demand for
the previous question?

MR. MORRILL, of Vermont. I decline to do so, and call for tellers.

Tellers were ordered ; and Messrs. Cox and Chamberlain were
appointed.

The House divided; and the tellers reported — ayes sixty-five,
noes not counted.

So the previous question was sustained.

The main question was ordered to be put; and being put, the
bill was passed.

The anti-polygamy bill, having passed the House, came up in
the Senate on the 3rd of June. Following is the abridged record of
the action taken upon it by that august body:

MR. BAYARD. I move to take up House bill No. 391. It was
reported back from the Committee on the Judiciary, with amend-
ments, about three weeks ago. It is a bill that ought to be acted
upon.

The motion was agreed to; and the bill (H. F. No. 391) to
punish the practice of polygamy in the Territories of the United
States and other places, and disapproving and annulling certain
acts of the Legislative Assembly of the Territory of Utah, was

considered as in committee of the whole.
*********

MR. BAYARD. I will state, very briefly, the difference between
the bill as proposed to be amended by the judiciary committee,
and the bill as passed by the House of Representatives. The bill of

62 HISTORY OF UTAH.

the House is intended to punish the crime of polygamy, or bigamy
properly speaking, when committed in any. Territory of the United
States; but, in point of fact, it goes beyond that — it punishes
cohabitation without marriage. The committee, in their amend-
ments, have so altered the first section as to provide for the punish-
ment of the crime of bigamy, leaving the punishment for a similar
offense, where marriage has been contracted elsewhere, to the State
where it was contracted. We thought that clearly preferable, and
that it would be of no utility to carry the act beyond the evil
intended to be remedied, which was to put down polygamy, as a part
of the recognized legal institutions of Utah.

The second section of the bill is not altered at
all; we leave it precisely the same as it was in the original bill. It
repeals the ordinance of Utah, commonly called "An ordinance
incorporating the Church of Jesus Christ of Latter-day Saints.'' It
is precisely in words like the section of the House bill, which is not
altered in any respect.

The third section is an amendment of the committee, and it is
in the nature of a mortmain law. The object is to prevent the
accumulation of real estate in the hands of ecclesiastical corporations
in Utah. Though that Territory is large, the value of real estate is
not of large amount; and the object of the section is to prevent the
accumulation of the property and wealth of the community in the
hands of what may be called theocratic institutions, inconsistent
with our form of government. In my own judgment it would be
wiser to limit the amount of real estate that could be held by any
corporation of that character in a Territory, to the value of $50,000,
I think $100,000 is too much. I am satisfied that there is great danger
in that Territory, under its present government, that the ecclesiastical
institutions which prevail there will ultimately become the owners
in perpetuity of all the valuable land in that Territory, and so afford
a nucleus for the permanence of their general institutions unless a
stop be put to it by act of Congress.

I have now stated the provisions of the amendment as proposed

HISTORY OF UTAH. 63

by the committee. The first section of the bill is altered so as to
punish the crime of bigamy, but leaving the question of cohabita-
tion or mere adultery apart from the crime of bigamy, without
reference to any action of Congress. The second section is exactly
the same as the section in the House bill. The third section is a
new one, the object of which is to operate in the nature of a mort-
main law, to prevent the entire property of that Territory being
accumulated in perpetuity in the hands of a species of theocratic
institutions.

The amendment was agreed to.

MR. HALE. I shall probably vote for the bill; but I should like
to know from the chairman of the committee if its provisions are not
inconsistent with —

MR. BAYARD. I move to strike out "$100,000" and insert "$50,-
000," in the third section.

MR. HALE. I will wait until that is decided.

MR. BAYARD. I make that motion.

The VICE PRESIDENT. The Senator's motion is not now in order,
the amendment of the committee having been adopted. It will be in
order when the bill shall have been reported to the Senate.

MR. HALE. I was only going to say that I had been looking at a
decision of the Supreme Court in which the rights of Congress over
the Territories are examined with some care, and it occurred to me
that possibly the provisions of this bill might be inconsistent with
some of the doctrines and dogmas of that decision. I refer to a case
decided in the Supreme Court at the December term of 1856, entitled,
"Dred Scott vs. Sandford," and the doctrine was pretty thoroughly
gone over in that decision as to how far the powers of Congress
extended over the Territories. It strikes me that by analogy this bill
infringes upon that decision, for I remember that one of the
exponents of the true faith on this floor used to illustrate this dogma
at least as often as once a month by saying that the same law
prevailed as to the regulation of the relations of husband and wife,
parent and child, and master and servant. I think at least once a

64 HISTORY OF UTAH.

month for years that was proclaimed to be the law. If the National
Legislature have no more power over the relations of husband and
wife — and that seems to be the one touched here — than over master
and slave, it seems to me that if we mean to maintain that respect
which is due to so august a tribunal as the Supreme Court of the
United States, we ought to read the Dred Scott decision over again,
and see if we are not in danger of running counter to it. It strikes
me decidedly that we are ; and at this time when there is so much
necessity for invoking all the reverence there is in the country for
the tribunals of the country, it seems to me we ought to tread
delicately when we trench upon things that have been so solemnly
decided by the Supreme Court as this has. But, as the gentleman
who reports the bill is a member of the Judiciary Committee, if it is
clearly his opinion that we can pass this bill without trenching
upon the doctrine of the Dred Scott decision, I shall interpose no
objection.

MR. BAYARD. I will not be drawn into any argument. It is
sufficient to say that I have read the decision to which the honorable
Senator alludes, I think with some care, and in my judgment this
bill is entirely within its principles as well as within the decision
itself. I cannot see the contrariety. I shall not enter into the
argument now. To me it is very palpable that the bill is within the
power of Congress and is necessary legislation.

The bill was reported to the Senate.

MR. BAYARD. I propose now in the fifth line of the third section
to strike out "one hundred" and insert "fifty," so as to make the
limitation of real estate held by an ecclesiastical corporation,
$50,000.

The amendment to the amendment was agreed to.

The amendment made as in the Committee of the Whole, as
amended, was concurred in.

MR. McDouGALL. It may not be considered a very judicious thing
to object to this measure here, but I feel called upon to do it. There
is no Senator, I think, who objects more strongly than I do to the

HISTORY OF UTAH. 65

vicious practice that obtains in the Territory of Utah ; but I think
we have just at this time trouble enough on our hands without
invoking further trouble. We have had our communication with
California cut off by the Indians on the line of communication. We
have already had a Utah war that cost the Government a large
amount of money. We are to have a controversy with them as to
their admission as a State. They are clamoring for that now. In
my judgment, no particular good is to be accomplished by the
passage of this bill at present. When the time does come that our
communication across the continent is complete, then we can take
jurisdiction where we have power, and can employ power for the
purpose of correcting these abuses. I suggest to gentlemen, in the
first place, that they cut off most likely the communication across
the continent to our possessions on the Pacific by a measure of legis-
lation of this kind, which will be well calculated to invite, certainly
will invite, great hostility, and interfere with the general interests of
the country. It will cost the Government a large amount if com-
munication is interfered with, and do no substantial good. I do not
think the measure at this time is well advised. It is understood its
provisions will be a dead letter upon our statute-book. Its provisions
will be either ignored or avoided. If Senators will look the question
fairly in the face, and consider how important it is that we should
have no difficulties now on our western frontier between us and the
Pacific, how poorly we can afford to go into the expenditure of a
large amount of. money to overcome difficulties that will be threat-
ened on the passage of this bill, and then consider the little
amount of substantial good which will result from it, I think they
will hesitate before they pass it. The impolicy of its present passage
will cause my colleague and self, after consultation, to vote against
the bill.

The amendment was ordered to be engrossed, and the bill to be
read a third time.

MR. HOWARD. I ask for the yeas and nays on the passage of
the bill.

5-VOL. 2.

66 HISTORY OF UTAH.

MR. SUMNER. I was about to make the same request.

The yeas and nays were ordered, and being taken, resulted —
yeas 37, nays 2: as follows:

Yeas — Messrs. Anthony, Bayard, Browning, Chandler, Collamer,
Cowan, Davis, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes,
Hale, Harlan, Harris, Howard, Howe, King, Lane of Indiana, Lane of
Kansas, Morrill, Rice, Saulsbury, Sherman, Simmons, Stark, Sumner,
Ten Eyck, Thomson, Trumbull, Wade, Wilkenson, Willey, Wilmot,
Wilson of Massachusetts, and Wright — 37.

Nays — Messrs. Latham and McDougall* — 2.

So the bill was passed.

The title was amended so as to read, "A bill to punish and
prevent the practice of polygamy in the Territories of the United
States and other places, and disapproving and annulling certain
acts of the Legislative Assembly of the Territory of Utah."

In the House of Representatives, June 5, 1862 —

MR. MORRILL, of Vermont. I ask the unanimous consent of the
House to take up and consider at this time the amendments of the
Senate to an act (H. R. No. 391.)

Objection was made.

MR. MOORHEAD. I ask the unanimous consent of the House to
introduce a resolution of inquiry.

MR. WICKLIFFE. I object.

MR. BINGHAM. I call for the regular order of business.

In the House of Representatives, June 17, 1862—

The Speaker laid before the House bill of House (No. 391)—
reported from the Senate with amendments.

* Senator Latham, on his way to Washington in November, 1862, passed through
Salt Lake City, and by resolution of its council was tendered the hospitality of the city
during his sojourn here. The invitation was presented by Councilors Little, Felt and
Groo, a committee appointed for that purpose. The Senator returned his thanks for the
courtesy, which, owing to his short stay, he was unable to accept. The offer was in
recognition of the minority vote of Senators Latham and McDougall against the anti-
polygamy bill, and of other courtesies rendered by the former to Utah's representatives at
the capital.

HISTORY OF UTAH. 67

THE SPEAKER. The bill and amendments will be referred to the
Committee on Territories.

MR. MORRILL, of Vermont. I object to these bills being taken
up for reference. There is no necessity for the reference of this bill.

THE SPEAKER. The order has been made.

MR. MORRILL, of Vermont. I move to reconsider the vote by
which the order was made; and on the motion I demand tellers.

Tellers were ordered; and Messrs. Morrill of Vermont, and Olin
were appointed.

The tellers reported — ayes sixty-eight, noes not counted.

So the motion to reconsider was agreed to.

The amendments were read.

MR. PHELPS, of Missouri. I think, Mr. Speaker, that this is
rather hasty legislation. I should not be at all surprised if it were
ascertained that the Catholic Church in the city of Santa Fe owns
real estate to the amount of more than fifty thousand dollars under
grants made by the Mexican Government. I was about to submit a
motion that the bill be referred to the Committee on the Judiciary.
I recollect very well that, in the hurry and haste of legislation, a
bill passed the House to prohibit polygamy in the Territories, which
indirectly sanctioned it within the District of Columbia, or inflicted
no punishment for it here. I desire that this matter shall be
critically examined, and therefore I think it should be referred to the
Judiciary Committee.

MR. MORRILL, of Vermont. I am perfectly willing that the bill
shall be passed over informally until the gentleman from Missouri
can inform himself on the subject.

MR. PHELPS, of Missouri. I have no objection to letting the bill
remain on the Speaker's table. Let the amendments be printed, and
let us know what we are legislating upon.

MR. MORRILL, of Vermont. I have no objection to that.

It was so ordered.

In the House of Representatives, June 24, 1862 —

An act, (H. R. No. 391) to punish the practice of polygamy in

68 HISTORY OF UTAH.

the Territories of the United States and other places, and disapprov-
ing and annulling certain acts of the Legislative Assembly of the
Territory of Utah, with Senate amendments thereon.

MR. MORRILL, of Vermont. I desire to say, in reference to the
objection made by the gentleman from Missouri [Mr. Phelps] last
week, to one of the provisions of this bill, that I understand the
Roman Catholic church at Santa Fe has property exceeding $50,000
in amount, but that it is protected under treaty stipulations. His
objection, therefore, is not valid. I now move the previous question
on concurring with the Senate amendments.

The previous question was seconded, and the main question
ordered.

The amendments were read.

The amendments of the Senate were concurred in.

Mr. Morrill, of Vermont, moved to reconsider the vote by which
the amendments were concurred in; and also moved to lay the
motion to reconsider on the table.

The latter motion was agreed to.

In the House of Representatives, June 30, 1862—

Mr. Granger, from the Committee on Enrolled Rills, reported as
a truly enrolled bill an act (H. R. 391) to punish and prevent the
practice of polygamy in the Territories of the United States and
other places, and disapproving and annulling certain acts of the
Legislative Assembly of the Territory of Utah.

It has often been stated that the anti-polygamy act of 1862,
became law without the signature of President Lincoln. This is an
error, as the following paragraph of the record already quoted from
will testify:

" In the House of Representatives, July 2, 1862—

"A message was received from the President of the United
States, informing the House that he had approved and signed an act
(H. R. 391) to punish and prevent the practice of polygamy in the
Territories of the United States and other places, and disapproving
and annulling certain acts of the Legislative Assembly of the

HISTORY OF UTAH. 69

Territory of Utah." The full text of this enactment was as
follows :

Be it enacted, etc.:

That every person having a husband or wife living, who shall marry any other
person, whether married or single, in a Territory of the United States, or other place over
which the United States have exclusive jurisdiction, shall, except in the cases specified in
the proviso to this section, be adjudged guilty of bigamy, and, upon conviction thereof,
shall be punished by a fine not exceeding five hundred dollars, and by imprisonment for a
term not exceeding five years. Provided nevertheless, That this section shall not extend
to any person by reason of any former marriage whose husband or wife by such marriage
shall have been absent for five successive years without being known to such person
within that time to be living ; nor to any person by reason of any former marriage which
shall have been dissolved by the decree of a competent court; nor to any person by
reason of any former marriage which shall have been annulled or pronounced void by
the sentence or decree of a competent court on the ground of nullity of the marriage
contract.

And be it further enacted :

SEC. 2. That the following ordinance of the provisional government of the State
of Deseret, so called, namely: "An ordinance incorporating the Church of Jesus Christ
of Latter-day Saints, passed February eight, in the year . eighteen hundred and fifty-one,
and adopted, re-enacted, and made valid by the Governor and Legislative Assembly of the
Territory of Utah, by an act passed January nineteen, in the year eighteen hundred and
fifty-five, entitled " An act in relation to the compilation and revision of the laws and reso-
lutions in force in Utah Territory, their publication, and distribution," and all other acts
and parts of acts heretofore passed by the said Legislative Assembly of the Territory of
Utah, which establish, support, maintain, shield, or countenance polygamy, be, and the
same hereby are, disapproved and annulled : Provided, That this act shall be so limited
and construed as not to affect or interfere with the right ' of property legally acquired
under the ordinance heretofore mentioned, nor with the right 'to worship God according
to the dictates of conscience,' but only to annul all acts and laws which establish, maintain,
protect or countenance the practice of polygamy, evasively called spiritual marriage, how-
ever disguised by legal or ecclesiastical solemnities, sacraments, ceremonies, consecrations,
or other contrivances.

And be it further enacted :

SEC. 3. That it shall not be lawful for any corporation or association for religious
or charitable purposes to acquire or hold real estate in any Territory of the United States
during the existence of the territorial government of a greater value than fifty thousand
dollars ; and all real estate acquired or held by any such corporation or association con-
trary to the provisions of this act shall be forfeited and escheat to the United States :
Provided, That existing vested rights in real estate shall not be impaired by the pro-
visions of this section. *

* See Sec. 5352 R. S. U. S.

70 HISTORY OF UTAH.

Thus was passed the first direct Congressional enactment
against the Mormon Church. As will be seen, the anti-polygamy
act of 1862 remained, as predicted by Senator McDougall, a dead
letter lupon the statute books of the nation; only one conviction
being secured under it in twenty years, and that of a man who, for
test-case purposes, furnished the evidence which convicted him.
That man was George Reynolds, of Salt Lake City. This law,
however, was the forerunner of other acts of Congress, also directed
against Mormonism, which have wrought, in these later days, great
changes in Utah.

Two days after the announcement of the approval of the anti-
polygamy act, Utah gave another grand and patriotic celebration of
the nation's birthday, and on the 24th of the same month Pioneer
Day was observed in an equally imposing manner throughout the
Territory. Among the notables present at Salt Lake City on the
latter occasion was Governor Stephen S. Harding, Utah's new
executive; also Judges Charles B. Waite and Thomas J. Drake, who,
with Chief Justice Kinney, now composed the supreme bench of the
Territory. Governor Harding, who, like his predecessor, Mr.
Dawson, was from Indiana, had arrived from the east on the 7th
of July, and Judges Waite and Drake four days later. Other
prominent Gentiles who joined with the Mormons this year in
celebrating the advent of the Pioneers were Secretary Fuller, Indian
Superintendent Doty, James Street, Esq., of the Pacific Telegraph
Company, Mr. Fred Cook, assistant treasurer of the Overland Mail
Company, and H. S. Rumfield, Esq. After the usual pageant the
multitude gathered under the shade of the Bowery. A feature of
the occasion was the first public appearance of the Deseret Musical
Association, under the leadership of the local pioneer of the Tonic
Sol-Fa method, Mr. David 0. Calder. Speeches were made by
Professor Karl G. Maeser, Messrs. Isaac Groo and William Clayton,
Governor Harding and President Young. The speech of the new
Governor, who was introduced by the President, and greeted with
cheers by the people as he arose to address them, was as follows:

HISTORY OF UTAH. 71

FELLOW-CITIZENS — And in that word I mean all of you, of all ages, sexes and condi-
tions— I am pleased at being with you today, and of being introduced in the agreeable
manner you have just witnessed. I have desired the opportunity of looking upon such a
vast concourse of the people of Utah, at one time ; and, as such an occasion now presents
itself, it is right and proper that I should say a few things to you.

You have doubtless been informed before now that the President of the United States,
by and with the advice and consent of the Senate, has appointed me to the office of Governor
of this Territory. I have come amongst you to enter upon the discharge of the high and
important duties that have devolved upon me, and while I greatly distrust my own ability,
yet I cannot but hope that, with your assistance, I shall be able to discharge those duties
to your satisfaction, and with strict fidelity to the Government, whose servant I am.

If I know my own heart, I come amongst you a messenger of peace and good will.
I have no wrongs — either real or imaginary — to complain of, and no religious prejudices
to overcome. [Applause.] Believing, as 1 do, that the Constitution of the United States
secures to every citizen the right to worship God according to the dictates of his own con-
science; and holding, further, that the Constitution itself is dependent for its support and
maintenance on the preservation of that sacred right, it follows, as a corollary, that under
no pretext whatever will I consent to its violation in this particular, by any official act of
mine, whilst Governor of this Territory. [Tremendous applause.]

In a Government like ours, based upon the freest exercise of conscience, religion is
a matter between man and his Maker, and not between man and the Government, and for
the honest exercise of duties inculcated by his religious faith and conscience, so long as he
does not infringe upon the rights of others, equally as sacred as his own, he is not respon-
sible to any human tribunal, other than that which is found in the universal judgment of
mankind. [Hear, hear.] If the right of conscience of the minority depended upon the
will of the majority, then, in a government like ours, that same minority in a future day
might control the conscience of the majority of today — when by superior cunning and
finesse a political canvass had been won in its favor, and thus alternately would it be in
the power of either when elevated to the seat of the law-makers to impose a despotism
upon the conscience of its adversary only equaled by the " Index Expurgatoris," against
which the Protestant world so justly complained. [Applause.]

It has long been a maxim and accepted as true by our people, " That it is safe to
tolerate error, so long as truth is left free to combat it.' Who are in error, and in what
that error consists in matters of speculative theology, are questions only cognizable at the
bar of heaven. It has been the fate of propagandists of new ideas and religious dogmas,
without regard to their truth or falsity, to meet with opposition, often ending in the most
cruel persecution. Hoary-headed error, claiming for itself the immunity of ages, glares
with jaundiced eyes upon all new ideas, which refuse to pay to it its accustomed homage.
I know of no law of the human mind that makes this age an exception to the rule.
Nevertheless, he who founds his ideas and theories on truth, correlative with his physical
and spiritual being, and consequently in harmony with the law of nature, must ultimately
succeed ; whilst he who builds upon falsehood must share the fate of him who built his
house upon the sand. This is not only a declaration of divine truth, but is in accordance
with all human experience. The great highway of man's civilization and progress is

72 HISTORY OF UTAH.

strewn with the wrecks of a thousand systems — once the hope of their founders and
challenging the confidence of mankind [hear, hear]. But I must limit this dissertation,
and will sum up in a few words what I have intended to say on this branch of the
subject.

The founders of our Constitution fully comprehended these ideas which I have so
briefly glanced at, and they clothed the citizen with absolute immunity in the exercise of
his rights of conscience, and threw the protecting shield of the Constitution around him,
and over him, in all the diverging paths that lead the enquirer in his researches after
truth in the dim unknown of speculative theology.

But I must not detain you, I leave this part of the subject, and address myself to the
occasion that has called together this mighty multitude.

On every hand I behold a miracle of labor. Fifteen years ago today, and your
Pioneers, by their heroism and devotion to a principle, consecrated this valley to a
civilization wonderful " to the stranger within your gates," and in the developments of
which a new era will be stamped not only upon the history of your own country, but
on the world. You have indeed " caused the desert to blossom as the rose." Waving
fields of gold ; gardens containing all that is necessary for the comfort of civilized man ;
" shrubberies that a Shenstone might have envied ; " orchards bending beneath the
promise of most luscious fruit, — now beautify the fields which your industry has filled
with new life, and where but fifteen years ago the genius of solitude, from yon snow-
capped peak, stood marking on her rocky tablets the centuries of desolation and death
that rested on these same fields, since the upheaval force of nature formed the mighty
zone that separates the two oceans that wash the shores of our continent.

Wonderful progress ! wonderful people ! If you shall be content, as I doubt not you
will be, to enjoy the blessings with which you are surrounded, and abide your time, and
enjoy your privileges under a benign and just government, "Imperium in Imperio " and
not attempt to reverse this order of things absolutely necessary under our form of
government ; and above all things, if you will act up to the line of your duty contained in
that one grand article of your faith, " We believe in being honest, true, chaste, temper-
ate, benevolent, virtuous and upright, and in doing good to all men," you cannot fail
to obtain that ultimate success [applause] which is the great desideratum of your hopes.
Honestly conform in the standard of your creed and faith, and though you may for a time
be " cast down," you cannot be destroyed [great applause] ; for the power of the Eternal
One will be in your midst, though no mortal eye may behold the " pillar of cloud and of
fire " [applause]. As the Great Master of sculpture gathered and combined all the
perfections of the human face into one divine model, so you, in that one grand article,
have bound into one golden sheaf, all the Christian virtues that underlie our civilization.

But this must suffice. I, perhaps, have said more than I ought to have said, and yet I
cannot see how I could have said less. If my words shall be as kindly received by you
as they have been honestly and frankly uttered by me, and we will act accordingly, my
mission among you cannot fail of being alike profitable to you and to the government that
I represent [hear, hear].

This is the hour when your loyalty to our common country is most acceptable and
grateful to the heart of every patriot. Be but content and abide your time, and your

HISTORY OF UTAH. 73

reward will be as great as it is certain. Duty to ourselves, to our God and our country
calls upon us to cast aside every prejudice and to rally around the Constitution and the
flag of our fathers, and if need be, to baptize them anew with our own blood. The
Constitution will not perish, that flag will not trail in the dust, but they will both come
out of the present fiery ordeal, redeemed, regenerated, and disenthralled, by the genius of
universal liberty and justice [great applause].

These were fair words indeed ; but the Governor's subsequent
course, as will yet appear, was anything but consistent with his
friendly professions so eloquently uttered.

Early in October of this year, Colonel Patrick Edward Connor,
who became the founder of Camp Douglas, at the head of several
hundred troops — California and Nevada volunteers — entered Utah
from the west. As early as the date of ihe government's call on
Brigham Young to raise a company of men for a ninety days'
campaign protecting the mail route on the plains, Colonel Connor
and his regiment had received orders to march to this Territory. In
the odtset it was understood that to them was to be entrusted that
irregular but hazardous service. It was not for this purpose,
however, that the volunteers enlisted, nor was it in expectation of
such orders that the gallant Connor, who had been a dashing
captain in the Mexican war, placed his sword at his country's
service. When the news of the attack on Sumter reached the
golden slopes of California, Captain Connor's prompt and patriotic
offer caused his selection as Colonel of the Third California Infantry
by the Governor of the State. He at once set about recruiting his
companies, and was in earnest and impatient expectation of being
ordered to the front. The early spring of 1862 brought him the
disappointing order to move to Utah ; and if that destination was a
matter of chagrin to himself and his command, it became still more
a humiliation to them when they learned that their duties here,
while ostensibly to protect the mail routes and keep the Indians in
check, were really to watch and overawe the Mormon people, the
loyalty of whose leaders the Secretary of War had discovered some
pretext for doubting. This unnecessary and undignified service was
not less galling to the Californians than insulting to the citizens of

74 HISTORY OF UTAH.

Utah; it was at least a niggardly recognition of the quick enthusiasm
with which the volunteers had responded to the Union's need. For
months prior to the arrival of the troops, there was full knowledge
in Utah that they were ordered hither, but no decisive information
as to the purpose of their coming. The Deseret News during the
spring of 1862 kept its readers informed regarding the progress of
the preparations, and in June declared with some sarcasm that
"the pompous procession is expected to consist of one thousand
infantry, five hundred cavalry, a field battery, one hundred and fifty
contractor's wagons and seventy army wagons, besides the officers'
ambulances and carriages for their families who accompany them.
To complete the arrangement, and render the scene superbly grand,
several hundred head of cattle are to be driven in the rear of the
procession. The Indians will of course be tremendously scared, and
horse thieves, gamblers, and other pests of the community won-
drously attracted by the gigantic demonstration."

It was not until July, 1862, that the command set out upon its
march. It consisted of the Third California Infantry and part of the
Second California Cavalry, and was afterwards joined by a few com-
panies from Nevada. All told, the force numbered a little more than
seven hundred men. At Fort Churchill, under date of August 6th,
Colonel Connor issued his first order, assuming command of the
military district of Utah, comprising the Territories of Utah and
Nevada. This proclamation in its wording indicated that the
commander expected to find traitors, and it expresses a stern purpose
to mete out punishment to those who were guilty of uttering treason-
able sentiments. On the 9th of September Colonel Conner arrived
at Salt Lake City, having left his troops encamped in Ruby Valley.
He remained only a few days, but in his stroll about the city was not
slow to observe that an available and commanding site for a military
post lay to the east on the bench overlooking the whole valley.
Returning to Ruby Valley he found his officers and men burning
with impatience to go to the seat of war, and on September 24th he
endorsed their demand in a despatch to the General-in-Chief of the

HISTORY OF UTAH. 75

army, in which he said his men had been in service a year, had
marched six hundred miles, were well-officered and thoroughly
drilled, and were of no service on the mail route as there was
cavalry enough in the Utah district to protect it ; the men authorized
the pay-master to withhold $30,000 of pay then due if the govern-
ment would only order them east to fight traitors, the end for which
they enlisted ; and if the above sum was not sufficient, they proffered
to pay their own passage from San Francisco to Panama. A corres:
pondent of the San Francisco Bulletin, writing from the camp that
same day, still more pointedly expressed the popular feeling. He
said: "Brigham Young offers to protect the entire [overland mail]
line with one hundred men. Why we were sent here is a mystery.
It could not be to keep Mormondom in order, for Brigham can thor-
oughly annihilate us with the 5,000 to 25,000 frontiersmen always at
his command."

Nevertheless the Volunteers continued their march eastward.
Two companies under Major McGarry had been detached a few days
before to pursue and punish some refractory Indians on the Hum-
boldt. On the 17th of October the main body reached Fort Critten-
den, formerly Camp Floyd. Certain parties who had purchased at a
low figure the expensive improvements there, had hoped that the
Government would desire to buy back again at a high price. They
were therefore grievously disappointed at Colonel Connor's determin-
ation to/ establish himself nearer the Territorial headquarters.
Next day the troops marched to what they called the Jordan Springs,
near the point of the mountain south of Salt Lake City and twenty
miles north of Fort Crittenden. From that point they could see the
city, and now their ears were saluted with the news that armed
resistance against their entry into the capital would be encoun-
tered, and that they would -not be allowed to cross the Jordan. For
the moment, the belligerent Californians thought there was a chance
for them to smell gunpowder, and in the camp there were grim
congratulations, since a fight, if fight it must be, would be as welcome
at the Jordan as at the Potomac. Colonel Connor himself was

76 HISTORY OF UTAH.

misled by the rumors which reached him, and is said to have replied
to the imaginary threat as to resistance, that he would cross the
Jordan "though hell yawned beneath it." There was some dramatic
inspection of ammunition and arms, and a general furbishing up of
accoutrements. The gun caissons were furnished with an extra
supply of cannister, and sixty rounds were given to each soldier.
But cooler heads in the camp were able to distinguish the fancied
resistance from the actual motive for such a rumor. The natural
excitement in the city caused by the news that the troops did not
intend remaining at Crittenden had been magnified by those whose
purpose of gain was thus foiled, into a threatening display which
they hoped might scare the commander into entertaining their
proposition of sale. The only result of their maladroit endeavors
was to render themselves and those who gave credence to them
ridiculous. Connor was not the man to be intimidated by a rumor,
nor were the Mormons, wounded though they may have been at the
reflection which the whole expedition cast upon their patriotism, so
recreant to sentiments of prudence and loyalty as to offer resistance
to a peaceably disposed United States force.

Sunday the command moved northward along the west side of
the river to the bridge at Little Cottonwood, and Monday forenoon,
the 20th, they entered the city with bands playing, colors flying, and
confidence and animation beaming from every rank. Far from a
hostile demonstration, they were accorded a reception distinguished
principally for the universal curiosity of the people. Crowds congre-
gated at every crossing and the movement of the troops was watched
with undisguised interest. Though the Governor and Judges met
the column some distance out, formal greetings were reserved until
the executive mansion was reached, where the troops were drawn up
in two lines, and the Governor's salute was given. Colonel Connor
introduced Governor Harding, who, rising in his buggy, delivered a
warm and patriotic address. He expressed some disappointment at
their having come to Salt Lake City; but declared with emphasis that
the individual, if any such there were, who supposed the Govern-

HISTORY OF UTAH. 77

ment had sent them in order that mischief might come of it, knew
not the spirit of the Government nor the spirit of the officials who
represented it in this Territory. "I believe," he continued, "the
people you have now come amongst will not disturb you if you do
not disturb them in their public rights and in the honor and peace
of their homes;" and he assured them in conclusion that should
they disregard the discipline that is their only safety, he would not
be with them, but that in conforming to their duty they would have
his countenance and support even to the death. The soldiers then
resumed their march through the city, and proceeding two miles and
a half eastward, to the bench between Red Butte and Emigration
Canyons, went into camp. Two days later Colonel Connor located
and began the construction of quarters on the site which has ever
since been known as Camp or Fort Douglas.

The men at once set to work to construct rude habitations for
the winter and they were soon housed in "dug-outs," which gave
them good shelter against the snows and frost, but were an
aggravation during rains and thaws. Occasional sorties against the
Indians, who, especially between the Bear and Humboldt rivers, were
committing great depredations upon belated trains of overland
emigration, varied somewhat the monotony of camp life. One
sensational episode was an expedition undertaken in the latter part
of November by a company of sixty men under Major McGarry to
recover a white boy held in captivity by a band of Shoshone Indians
in the northern part of Cache Valley. A sharp skirmish took place
between the troops and the red-skins, after which the captive was
delivered over and brought to Salt Lake City. This engagement
occurred not far from Franklin and almost on the site of the
subsequent Bear River battle, by far the most important Indian fight
had by the volunteers.

On the 19th of January, 1863, a miner named William Bevins
made affidavit before Chief Justice Kinney to the effect that about
ten days previously himself and party, numbering eight men, who
were on their way to the Grasshopper gold mines in Dakota, were

78 HISTORY OF UTAH.

attacked in Cache Valley by Indians and one of their number killed ;
also that another party of ten miners en route to Salt Lake City had
been assaulted and murdered by the same Indians in the same
locality. Upon this information warrants for the arrest of three of
the chiefs were issued and placed in the hands of the United States
Marshal, Isaac L. Gibbs, who, realizing that resistance would be
offered, laid the matter before Colonel Connor. Three days later a
company of infantry and two howitzers, started for the camp of the
hostiles; and on Sunday evening, the 25th, four companies of
cavalry under command of Colonel Connor himself, followed.
Marshal Gibbs accompanied the expedition, though with what
purpose is not clear, as the mission and intention of the troops
was to summarily punish, and not merely arrest, the savages for the
various crimes and depredations of which they were accused.
Colonel Connor in his report says he informed the Marshal that all
arrangements for the expedition were already made ; and that the
civil process had little to do with it is evident from the Colonel's
further remark: "Being satisfied that they [the Indians] were part of
the same band who had been murdering emigrants on the overland
mail route for the past fifteen years and the principal actors and
leaders in the horrid massacre of the past summer, I determined,
although the weather was unfavorable to an expedition, to chastise
them if possible."

Tuesday night, the 27th, the cavalry force overtook the infantry
at Mendon. Cache County, but the infantry at once resumed the
march and were again overtaken during the following night at
Franklin, twelve miles from the Indian encampment. At 3 o'clock
on the morning of the 29th, the infantry were in motion, and an
hour later the cavalry set out, overtaking and passing their plodding
comrades about four miles south of the river. The battle began at
6 o'clock, the Indians having detected the effort of the mounted
troops to surround them, and defeating it by at once engaging them.
The position of the savages was one of great natural strength, and
they had improved it with considerable ingenuity. A narrow, dry

HISTORY OF UTAH. 79

ravine with steep, rocky sides, sheltered them from the fire of the
soldiers, who, advancing along the level table-land .through which
the gorge ran, were exposed to the murderous volleys of the
concealed foe. Steps cut in the banks enabled the latter to ascend
and descend as necessity required, and artificial copses of willow
served as additional defenses where the ravine's course left an
exposed point. The battle opened inauspiciously for the troops who
quickly saw the disadvantage at which they were placed. Several fell,
killed or wounded, at the first fire; the Indians gleefully noting the
fact, and defying the survivors to "come on." Meantime the
infantry, whose advance had been checked by the swift, icy waters of
Bear River, until horses furnished by the cavalry had assisted them
over the stream, had joined in the engagement; and a successful
flanking movement soon afterwards enabled the troops to pour an
enfilading fire into the enemy's camp. This was the beginning of
the end; for though the savages fought with fury, they were now at
a disadvantage and were met by a line of soldiers at either end of
the ravine. As they moved toward the lower end, the Colonel
ordered his troops thither, disposing the cavalry so as to cut off
escape. One company stood at the mouth of the gorge and visited
terrible execution upon the enemy; at a single spot forty-eight
corpses were afterwards counted. By 10 o'clock the savages were
completely routed and the slaughter was ended. Two hundred and
twenty -four warriors, it is claimed, were found dead upon the field —
but this number was doubtless exaggerated. Among them were the
chiefs Bear Hunter, Sagwitch, and Lehi, the first, it is said, falling
into the fire at which he was moulding bullets, and being literally
roasted. Sanpitch, one of the chiefs named in Judge Kinney's
warrant, made his escape, as did also Pocatello and probably fifty
braves. The fighting strength of the Indians was estimated to be over
three hundred ; one hundred and sixty squaws and children fell into
the hands of the victors; one hundred and seventy-five ponies were
captured in the camp; seventy lodges were burned; and of a large
quanity of grain, implements and other property believed to have

80 HISTORY OF UTAH.

been stolen from emigrants, that which was not necessary for the
captives was either destroyed or carried to Gamp Douglas and sold.

On his side Colonel Connor lost fourteen men, and forty-
nine were wounded during the engagement. Eight died within ten
days. The force in the outset numbered about three hundred men,
but not more than two hundred were in the fight. The remainder
were either teamsters or men incapacitated by frozen feet. The
hardships of the journey were extreme, the snow being deep and the
cold intense. The casualties of this latter class were seventy-nine,
and the commanding officer in his report expressed the fear that
many of the victims would be crippled for life.*

The dead and wounded arrived at Camp Douglas on the night of
the 2nd of February, and on Wednesday the 4th the survivors were
again at their quarters. Next day, the 5th, fifteen of the dead were
buried, with military honors, theirs being the consecrating dust of
the beautiful little cemetery at the Fort. On the 6th Lieutenant
Darwin Chase, who died of his wounds on the night of the 4th at
Farmington, was buried with masonic and martial honors.f At dress
parade on Sunday, the 8th, the Colonel's complimentary order was
read, and that same day the two who were the last to die of their
wounds were placed by the side of their deceased comrades.

If the battle in its latest stage had possessed less the elements of
a massacre, Colonel Connor and his command would have been more
generally praised by some people; but perhaps it would not then
have proved a lesson so well remembered by the savages. As it was, it
completely broke the power of the Indians, and conveyed to them a
warning that it has never been necessary to repeat. In a letter to
General Wright, commanding the Department of the Pacific, General-
in-Chief Halleck wrote from Washington under date of March 29th,

* Colonel Connor employed as his guide on this expedition the experienced moun-
taineer, 0. P. Rockwell, who rendered the command very efficient service, without which,
it is believed, many more of the soldiers would have perished by being frozen. This fact
accounts for the friendly feeling that Connor always entertained toward Rockwell.

f Lieutenant Chase had once been a Mormon Elder.

Jfc

HISTORY OF UTAH. 81

highly praising the courage and discretion of the Colonel and his
brave Californians ; and in a dispatch of the same date to Colonel
Connor, he and his command were congratulated on their heroic
conduct and brilliant victory, and the commander was notified that he
was that day appointed a brigadier general. The dispatch was not
received at Camp Douglas until late at night, but the musicians tuned
up and made the post merry, and the artillerymen awoke the
midnight echoes with a salute of eleven guns.

•S-VOL. 2.

82 HISTORY OF UTAH.

CHAPTER IV.

1862-1863.

GOVERNOR HARDING'S CHANGE OF HEART — AIDED BY JUDGES WAITE AND DRAKE, HE SEEKS TO

INSPIRE MORE ANTI-MORMON LEGISLATION THE CITIZENS PROTEST AGAINST THE CONDUCT OF

THE THREE OFFICIALS, AND ASK PRESIDENT LINCOLN TO REMOVE THEM BR1GHAM YOUNG

ARRESTED FOR POLYGAMY BITTER FEELING BETWEEN CIVILIANS AND SOLDIERS; TRIAL AND

CONVICTION OF THE MORRISITES— GOVERNOR HARDING PARDONS THEM AN INDIGNANT GRAND

JURY GOVERNOR HARDING REMOVED CHIEF JUSTICE KINNEY AND SECRETARY FULLER

SUPERSEDED JAMES D. DOTY THE NEW EXECUTIVE JUDGE KINNEY SENT TO CONGRESS.

OON after the arrival of the troops under Colonol Connor and
the planting of United States cannon on the bench east of and
overlooking Salt Lake City, Governor Harding began giving evidence
of a change of heart regarding the Mormon people, in whose praises
he had waxed so eloquent but a few short months before. That
his first professions, so friendly to the Saints, were altogether
hypocritical, and that he really hated the people whom he eulogized,
and was only awaiting the backing which the advent of the military
now gave him before revealing the true inwardness of his soul
toward those whom he had been sent to govern, is hardly proba-
ble. That he was sincere in saying: "I come amongst you a
messenger of peace and good will," with " no wrongs, either real or
imaginary, to complain of, and no religious prejudices to overcome,"
few if any will question. But that something occurred soon after-
ward to turn him against the vast majority of the citizens and
cause him to take a stand diametrically opposite to that which he at
first assumed, is certain. That this something, whatever it was, did
not antedate the coming of Colonel Connor's command, is evident
from the tenor of the Governor's remarks to the volunteers on their
arrival at Salt Lake City — remarks that could only be construed as
favorable to the people. It is not improbable that Colonel Connor

HISTORY OF UTAH. 83

himself, who was a Mormon-hater and made no pretensions to the
contrary, was the cause of Harding's defection from his former
friendly attitude. Steeped in prejudice against the Saints and
regarding them as "traitorous and disloyal to the core," and that, too,
before he had even set foot within the Territory, it is very possible
that the warlike Colonel, angry at being assigned the distasteful
task of "watching Brigham Young" when he and his comrades had
"enlisted to fight traitors," took early occasion to engraft his own
views upon the weaker mind of the pliant Executive, as well as upon
Judges Waite and Drake, who were hand and glove with Harding in
all his anti-Mormon proceedings.

There are those who claim that the Mormons gave great offense
to the Governor by failing to observe January 1st, 1863, as a day of
thanksgiving and praise, pursuant to a proclamation issued by His
Excellency on the 2nd of the previous December, and that this was
the reason why he uncorked the vials of unfriendly criticism and
poured out the contents so unsparingly upon them. But the fact
that Harding opened fire upon the people of Utah by attacking their
representatives in the Legislature on the 10th of December, 1862,
only eight days after the issuance of the proclamation in question,
and fully three weeks before the day fixed for the observance of his
decree, renders that ground utterly untenable.

The Legislative session referred to convened at Salt Lake City
on the 8th of December. Daniel H. Wells was President of the
Council and Orson Pratt Speaker of the House. Two days later
Governor Harding delivered his message, a very lengthy though well
worded document — for the Governor was an able rhetorician — the
salient features of which we will here reproduce. After again compli-
menting the people for the "miracle of labor" they had performed
in colonizing and redeeming the desert, His Excellency proceeded to
discuss the great topic of the Civil War, during which he eulogized
the policy and acts of President Lincoln. He then touched upon
the subject of the admission of the State of Deseret into the Union,
and said :

84 HISTORY OF UTAH.

After the adjournment of the last session of this body, in accordance with a joint
resolution emanating therefrom, the people of this Territory proceeded to elect delegates
to form a Constitution for the State of Deseret ; and after such Constitution was formed
and adopted, the people proceeded to elect a Governor, Lieutenant-Governor, and other
officers, amongst which was a representative to Congress; and also two United States
Senators were elected. One of the gentlemen elected as a United States Senator pro-
ceeded to Washington City and caused to be laid before Congress the object of his
mission. He was treated with that courtesy to which a gentleman on so grave a mission
should ever be entitled. He was permitted to occupy a seat within the bar of the
Senate chamber, and was otherwise received with the kindest consideration. In conse-
quence of the lateness of the session, it could not be expected that more would have been
done than was in the premises. The Constitution and other documents were referred to
the appropriate committee, where the matter now rests. That the question will be taken
up at the approaching session of Congress and acted on in that spirit of fairness that
becomes a great and generous nation, I have no doubt.

I am sorry to say that since my sojourn amongst you I have heard no sentiments,
either publicly or privately expressed, that would lead me to believe that much sympathy is
felt by any considerable number of your people in favor of the Government of the United
States, now struggling for its very existence " in the valley and shadow " through which
it has been called to pass. If I am mistaken in this opinion no one will rejoice more
than myself in acknowledging my error. I would, in the name of my bleeding country,
that you, as the representatives of public sentiment here, would speedily pass such a
resolution as will extort from me, if necessary, a public acknowledgment of my error, if
error I have committed.

I have said this in no unkind spirit ; I would much rather learn that the fault has
been on my part and not on yours.

I regret also to say, I have found in conversing with many gentlemen of social and
political influence, that because the question of the admission of this Territory into the
Union was temporarily postponed, distrust is entertained in regard to the friendly disposi-
sition of the Federal Government, and expressions have been used amounting to inuen-
does at least, as to what the result might be in case the admission should be rejected or
postponed. Every such manifestation of spirit on the part of the objectors is, in my
opinion, not only unbecoming, but is based on an entire misconception of the rights of
the applicant, and the duties of the representatives of the States composing the Union.
x * ##*###*#*

The admission of a new State into the Union is, or ought to be, attended with
gravest consideration. For instance, suppose the population of the Territory is known to
fall far short of the number that entitles the present members of the Union to a represen-
tation in Congress, should it be thought hard or strange that objection should be made?
Is it thought a hardship that the people of the State of New York, comprising 4,000,000,
are not willing that their voices should be silenced in the Senate of the United States by
60,000, or 80,000 in one of the Territories ? I am aware that precedents may be cited in
some few instances, where these reasons have been overlooked and disregarded, but that
fact does not affect the question under consideration. The reasons which controlled
Congress at the time referred to were never good and sound ones, but were found in the

HISTORY OF UTAH. 85

wishes and ambition of political parties, anxious to control the vote in the electoral
college, for chief magistrate. If the precedent was a bad one, the sooner it is changed
the better for all parties .concerned.

In connection with this subject, I respectfully recommend the propriety of passing an
act whereby a correct census may be taken of the population of the Territory. If it shall
be found that the population is sufficient to entitle it to one representative in Congress, on
the present basis, I shall be most happy in aiding you to the extent of my humble abilities,
in forwarding any movements having for their end the admission of the Territory into
the Union as a State.

It would be disingenuous if I were not to advert to a question, though seemingly it
has nothing to do with the premises, is yet one of vast importance to you as a people,
and which cannot be ignored — I mean that institution which is not only commended but
encouraged by you, and which, to say the least of it, is an anomaly throughout Christen-
dom— I mean polygamy, or, if you please, plural wives. In approaching this delicate
subject, I desire to do so in no offensive manner or unkind spirit ; yet the institution,
founded upon no written statute of your Territory, but upon custom alone exists. It is
a patent fact, and your own public teachers, by speech and pamphlet, on many occasions,
have challenged its investigation at the bar of Christendom. I will not on this occasion
be drawn into a discussion either of its morality or its Bible authority ; I will neither
affirm nor deny any one of the main proceedings on which it rests. That there is seeming
authority for its practice in the Old Testament scripture, cannot be denied.

But still there were many things authorized in the period of the world when they
were written which could not be tolerated now without overturning the whole system of
our civilization, based, as it is, on the new and better revelation of the common Savior of
us all. While it must be confessed that the practice of polygamy prevailed to a limited
extent, yet it should be remembered that it was in that age of the world when the
twilight of a semi -barbarism had not yielded to the effulgence of the coming day, and
when the glory and the fame of the kings of Israel consisted more in the beauty and
multitude of their concubines than in the wisdom of their counselors. " An eye for an
eye, and a tooth for a tooth," was once the lex talionis of the great Jewish law-giver.
So capital punishment was awarded for Sabbath breaking ; and there were many other
statutes and customs which at this age of the world, if adopted, would carry us back-
ward into the centuries of barbarism.

I lay it down as a sound proposition that no community can happily exist with an
institution as important as that of marriage wanting in all those qualities that make it
homogeneal with institutions and laws of neighboring civilized communities having the
same object. Anomalies in the moral world cannot long exist in a state of mere abeyance ;
they must from the very nature of things become aggressive, or they will soon disappear
from the force of conflicting ideas. This proposition is supported by the history of our
race, and is so plain that it may be set down as an axiom. If we grant this to be true, we
may sum up the conclusion of the argument as follows : either the laws and opinions of
the community by which you are surrounded must become subordinate to your customs
and opinions, or, on the other hand, you must yield to theirs. The conflict is irre-
pressible.

86 HISTORY OF UTAH.

* * * * * * * * * * *

I respectfully call your attention to an Act of Congress passed the first day of July,
1862, entitled " An Act to punish and prevent the practice of polygamy in the Territories
of the United States, and in other places, and disapproving and annulling certain Acts of
the Legislative Assembly of the Territory of Utah." (Chap. CXXVII. of the Statutes at
Large of the last Session of Congress, page 501.) I am aware that there is a prevailing
opinion here that said Act is unconstitutional, and therefore it is recommended by those
in high authority that no regard whatever should be paid to the same — and still more to
be regretted, if I am rightly informed, in some instances it has been recommended that it
be openly .disregarded and defied.

I take this occasion to warn the people of this Territory against such dangerous and
disloyal counsel. Whether such Act is unconstitutional or not, is not necessary for me
either to affirm or deny. The individual citizen, under no circumstances whatever, has
the right to defy any law or statute of the United States with impunity. In doing so, he
takes upon himself the risk of the penalties of that statute, be they what they may, in
case his judgment should be in error. The Constitution has amply provided how and
where all such questions of doubt are to be submitted and settled, viz : in the courts
constituted for that purpose. To forcibly resist the execution of that Act would, to say
the least, be a high misdemeanor, and if the whole community should become involved
in such resistance, would call down upon it the consequences of insurrection and rebellion.
I hope and trust that no such rash counsels will prevail. If, unhappily, I am mistaken
in this, I choose to shut my eyes to the consequences.

Amongst the most cherished and sacred rights secured to the citizens of the United
States, is the right " to worship God according to the dictates of conscience." * * *

But here arises a most important question, a question perhaps that has never yet
been asked or fully answered in this country — how far does the the right of conscience
extend ? Is there any limit to this right ? and, if so, where shall the line of demarcation
be drawn, designating that which is not forbidden from that which is ? This is indeed
a most important inquiry, and from the tendency of the times, must sooner or later be
answered. I cannot and will not on this occasion pretend to answer this question, but
will venture the suggestion that when it is answered the same rules will be adopted as if
the freedom of speech and of the press were involved in the argument.
********* **

Because " the freedom of speech and of the press " is guaranteed, can the citizen
thereby be allowed to speak slanderously and falsely of his neighbor ? Can he write and
print a libel with impunity ? He certainly cannot ; and his folly would almost amount
to idiocy if he should appeal to the Constitution to shield him from the consequences of
his acts. But the question may be asked — why not ? The answer is at hand. Simply
because he is not allowed to abuse these rights. If, upon a prosecution for slander or
libel, the defendant should file his plea setting up that provision of the Constitution as
a matter of defense, the plea would not only be bad on demurrer, but the pleader
would be looked upon as a very bad lawyer. Will any one inform rne why the same
parity of reasoning should not apply in one case as the other?

That if an act, in violation of law and repugnant to the civilization in the midst of

HISTORY OF UTAH. 87

which that act has been committed, should be followed by a prosecution, could be justi-
fied under the guaranty of the Constitution securing the " free exercise of religion "
more than in the case above cited ? I shall pause for an answer. There can be no
limits beyond which the mind cannot dwell, and our thoughts soar in their aspirations
after truth. We may think what we will, believe what we will, and speak what we will,
on all subjects of speculative theology. We may believe with equal impunity the Talmud
of the Jew, the Bible of the Christian, the Book of Mormon, the Koran, or the Veda of
the Brahmin. We cannot elevate, other than by moral forces, the human soul from the
low plane of ignorance and barbarism, whether it worships for its God, the Llama of the
Tartars, or the Beetle of the Egyptians. But when religious opinions assume new mani-
festations and pass from mere sentiments into overt acts, no matter whether they be acts
of faith or not, they must not outrage the opinions of the civilized world, but, on the
other hand, must conform to those usages established by law, and which are believed to
underlie our civilization.

But, the question returns — Is there any limit to the " free exercise of religion ? "
If there is not, then in the midst of the nineteenth century, human victims may be
sacrificed as an atonement for sin, and " widows may be burned alive on the funeral
pile." Is there one here who believes that such shocking barbarisms could be
practiced in the name of religion, and in the " free exercise thereof" in any new State or
Territory of the United States ? If not, then there must be a limit to this right under
consideration, and it only remains for the proper tribunal at the proper time to fix the
boundaries, as each case shall rise involving that question.

Thus did Governor Harding, who, but five months before, had
announced from the public platform in Utah that he came among her
people with "no religious prejudices to overcome," and that "under
no pretext whatever" would he consent to the violation of the right
guaranteed by the Constitution to worship God according to the
dictates of conscience,\ proceed to cast discredit upon a feature of the
Mormon faith and deny the right of its disciples to practice it.
Whatever the merits of the question involved — and it is a fact that
the Mormons believed the anti-polygamy law to be unconstitutional
—Governor Harding's inconsistency is apparent. Nor is he shielded
by the argument, that some might make in his behalf, that at the
time of his oration on the 24th of July, 1862, the act of Congress
prohibiting polygamy in the Territories was unknown. It had been
signed by the President of the United States fully three weeks before
the event referred to, and the telegraph had heralded the fact to
every part of the nation penetrated by the electric wire.

88 HISTORY OF UTAH.

Says Mr. Stenhouse in relation to the Governor's action: "The
manner of the delivery of the message was worse .than the matter,
and probably no Legislature ever felt more humiliated and insulted.
It was painful to observe the Legislators, as they sat quiet and
immovable, hearing their faith contemned. It was interpreted as an
open and gratuitous insult on the part of the Executive."

The Legislators, aside from ignoring the offensive message —
insomuch, at least, as to fail to authorize its complimentary publica-
tion— took no steps to indicate their displeasure, but went quietly to
work preparing and passing laws for the weal of their constituents.
Only twenty measures passed the Legislature that session, but of
that twenty Governor Harding vetoed fourteen.

Subsequently it was learned that he, in conjunction with Judges
Waite and Drake, were working secretly against the people of the
Territory, mainly through the media of letters written to members of
the Government and others at Washington. Public indignation was
aroused, and early in the spring of 1863, mass meetings were held at
various points to protest against the conduct of the three officials.

The principal gathering for this purpose convened at the
Tabernacle in Salt Lake City on the 3rd of March. Captain Thomas'
brass band was early upon the scene, enlivening the occasion with
patriotic airs. "Hail Columbia" having been rendered with stirring
effect, the meeting was organized with Hon. Daniel Spencer as chair-
man, William Clayton and Thomas Williams as secretaries, and
George D. Watt and John V. Long as reporters. President Joseph
Young offered prayer, and the band played the "Star Spangled
Banner." Hon. John Taylor then arose and stated the object of the
meeting. They had assembled, he said, for the purpose of investi-
gating certain acts of several of the United States officials now in the
Territory. The time had come for certain documents to be placed
before the people and before the country, and on which they could
not avoid taking action. Referring to Governor Harding's message,
the speaker said that though the Legislature was under no obligation
at the opening of the session to publish it, — such action on their part

HISTORY OF UTAH. 89

being purely complimentary, — they did think at first of so doing, but
out of respect for themselves and for the sake of His Excellency, had
reconsidered their intention. Mr. Taylor then resumed his seat and
Hon. Albert Carrington came forward and read the Governor's
message from the printed journals of the Legislature. The reading
of the document was listened to with rapt attention, but the indig-
nation of the assembly at the insult offered their representatives,
though suppressed, was very apparent.

Mr. Carrington drew attention to the inconsistencies of the
Governor's professions and actions. He said that His Excellency
reminded him of the man curing his sick cow; he commenced with
giving her sweet apples, and every now and then threw in an onion.
The Governor admitted that the Constitution debarred him from
interfering with their religious rights, and yet at every opportunity
throughout the message he attacked them. He conceded that
polygamy was a religious rite and a matter of faith with the people,
and stated that he would neither affirm nor deny in relation to it,
while at the same time he held it up to ridicule and obloquy, and
everywhere affirmed that it was not only contrary to civilization, but
anomalous, contrary to law, unconstitutional, and that it could not be
endured. These were some of the reasons why the Legislature had
omitted the complimentary printing of the message. Mr. Carrington
then went on to show how the Governor had further been false to
his professions of friendship for the people, and how Judges Waite
and Drake had assisted him in his assault upon their liberties. In
proof of this he read some correspondence from Delegate Bernhisel
and Senator-elect Hooper, at Washington. One was a letter dated
January 22nd, in which Governor Harding was represented as having
communicated to Hon. Hannibal Hamlin, Vice-President of the
United States, his message, with a letter stating that said message
had been suppressed through the influence of one of Utah's promi-
nent citizens, — referring of course to President Young. The last
paragraph of the letter from Washington was as follows : " I enter-
tain strong hopes that we shall be able to obtain, before the termina-

90 HISTORY OF UTAH.

tion of the session, an appropriation to liquidate your Indian
amounts, unless prevented by Governor Harding's, insinuation of the
disloyalty of our people."

Mr. Carrington also read to the meeting the following extract
from a letter dated at Washington, in February:

On the llth of December last, Senator Browning introduced a bill in the Senate
which was referred to the Committee on the Judiciary. This bill was prepared at Great
Salt Lake City, and its enactment by Congress recommended by Governor Harding and
Judges Waite and Drake. The leading and most exceptional features of this bill are the
following: 1st: It limits the jurisdiction of the Probate Courts to the probate of wills, to
the issue of letters of administration and the appointment of guardians. 2nd: It
authorizes the Marshal to summon any persons within the district in which the court is
held that he thinks proper as jurors. 3rd: It authorizes the Governor to appoint and
commission all militia officers, including Major-General, and remove them at pleasure. It
also confers on the Governor authority to appoint the days for training.

Captain Hooper confirmed this in a letter written late in
January, in which he said: "The bill has been presented and
referred back. There does not appear to have been any action on it.
* The bill was drawn up at Salt Lake and attached

with eyelets. Also attached was as follows: 'The bill should
be passed.' Signed: — S. S. Harding, Governor; Waite and Drake,
Associate Justices."

The reading of these extracts created quite a sensation. Mr.
Carrington remarked sarcastically that it was thus Governor Harding
proposed "to help us," and that His Excellency's private room
was "a new place for drafting bills for the action of Congress."
The speaker took his seat amid a storm of applause. The following
speech was then delivered by Hon. John Taylor:

It has already been stated that these documents speak for themselves. They come
from those who are ostensibly our guardians and the guardians of our rights. They come
from men who ought to be actuated by the strictest principles of honor, truth, virtue,
integrity, and honesty, and whose high official position ought to elevate them above
suspicion, yet what are the results ?

In relation to the Governor's Message, enough perhaps has already been said. We
are not here to enter into any labored political disquisitions, but to make some plain
matter-of-fact statements, in which are involved the vital interests of this community.
There is one feature, however, in that document which deserves a passing notice. It

HISTORY OF UTAH. 91

would seem that we are by direct implication accused of disloyalty. He states that he has
not heard any sentiments expressed, either publicly or privately, that would lead him to
believe that much sympathy is felt by any considerable portion of this people in favor of
the Government of the United States. Perhaps we may not be so blatant and loud-spoken
as some people are ; but is it not patent to this community that the Legislature, during
the session of 1861-2, assumed the territorial quota of taxation ? and at the very time that
His Excellency was uttering this infamy, a resolution passed by the House, lay on the
table, requesting the secretary to place a United States flag on the State House during the
session. This was a small affair, yet significant of our feelings.

It is not a matter of very grave importance to us generally what men may think of us,
whether they be Government officials or not ; but these allegations assume another form,
and their wickedness is now rendered vindictive from the peculiar circumstances in which
our nation at the present time is placed. When treason is stalking through the land,
when all the energies, the wealth, the power of the United States have been brought into
requisition to put down rebellion, when anarchy and distrust run riot through the nation ;
when, under these circumstances, we had a right to look for a friend in our Governor,
who would, at least, fairly represent us, we have met a most insidious foe, who, through
base insinuations, misrepresentations and falsehood, is seeking with all his power,
privately and officially, not only to injure us before the Government, but to sap the very
foundations of our civil and religious liberty ; he is in fact, in pursuit of his unhallowed
course, seeking to promote anarchy and rebellion, and dabbling in your blood. It is then
a matter of no small importance [hear, hear]. Such it would seem were Governor
Harding's intentions when he read this message, such were his feelings when he con-
cocted it. The document shows upon its face that it was not hastily written ; it has been
well digested and every word carefully weighed. It most assuredly contains the senti-
ments of his heart [hear, hear], of which his Washington letters are proof positive in
relation to our alleged disloyalty.

We are told about the generous reception of our senators-elect ; of this we are most
profoundly ignorant. Their reception was not so gracious as he would represent. He
labors under error, for which we do not feel to reproach him ; but what are we to think
of his official letters to Washington ? They are facts. What of his gracious acts of
kindness to this people and to their representatives! From the statements of our
representatives in Congress, he is the most vindictive enemy we have. The only man, it
would seem, who is insidiously striving to sap the interests of the people, and to injure
their reputation, yet he is our Governor, and professes to represent our interests and feel
intensely interested in our welfare. Let us investigate for a short time the results of his
acts, should his designs be successful, leaving the allegations of treason out of the
question.

We have been in the habit of thinking that we live under the auspices of a
republican government; that we had the right of franchise ; that we had the privilege of
voting for whom we pleased, and of saying who should represent us; but it may be that
we are laboring under a mistake, a political illusion. We have thought, too, that if a
man among us was accused of crimes, that it was his privilege to be tried by his peers;
by people whom he lived among, who would be the best judges of his actions. We

92 HISTORY OF UTAH.

have further been of the opinion that, while acting in a military capacity, when we are
called to muster into service, to stand in defense of our country's rights, we had a right
to the selection of our own officers. It is republican usage — we have always selected our
own militia officers ; but if the plotting of Governor Harding and our honorable Judges
should be carried into effect we can do so no more ; we shall be deprived of franchise, of
the rights of trial by an impartial jury, and shall be placed in a military capacity, under
the creatures of Governor Harding or his successors' direction ; in other words, we shall
be deprived of all the rights of freemen, and placed under a military despotism; such would
be the result of the passage of this act. Let us examine it a little. An act already
framed by the Governor and Judges, passed in the congress of Governor Harding's sitting-
room, is forwarded to Washington with a request that it should be passed. Now suppose
it should, what would be the result? As I have stated, we suppose that we possess the
rights of franchise ; that is a mistake, we do not, we only think we do. -The Governor
has already taken that from us. How so ? Have we not the privilege of voting for our
own legislators, our own representatives in the Legislative Assembly ? Yes. But the
Governor possesses the power of veto. This old relic of Colonial barbarism ingrafted
into our Territorial organization was always in existence among us, but never was so
foully abused as in the person of our present Governor ; he has done all he could to stop
the wheels of government, and to produce dissatisfaction, and has exercised his veto to
the fullest extent of his power. As an instance of this, there were twenty laws passed by
the Legislative Assembly, only six of which are approved ; two of those were resolutions,
one changing the place of meeting from the Court House to the State House, and the
other the adjournment to next session. The other four are matters of minor importance,
while everything connected with the welfare of the community, fourteen acts, are just so
much waste paper. Now, I ask, where is your franchise ? In Governor Harding's pocket
or stove.

Again, in regard to juries, already referred to, you know what the usage has been,
in relation to this matter. Governor Harding and the Judges want to place in the hands
of the United States Marshal the power of selecting juries whom he pleases, no matter
whither they come, or who they are. This is what our honorable Judges and Governor
would attempt. Your liberties are aimed at, and your rights as freemen ; and then if you
do not like to be disfranchised, and your liberties trampled under foot by a stranger — if
you do not like to have black-legs and cut-throats sit upon your juries, Mr. Harding
wants to select his own military, and choose his own officers to lead them, and then if
you will not submit, "I will make you." [voices all over the house, "Can't do it," with loud
applause.] We know he cannot do it, but this is what he aims at. [Clapping and
great applause.] When these rights are taken from us, what rights have we left ? [Cries of
" None."] It could scarcely be credited that a man in his position would so far degrade
himself as to introduce such outrageous principles, and it is lamentable to reflect upon,
that men holding the position of United States Judges could descend to such injustice,
corruption and depravity [applause]. These things are so palpable that any man with five
grains of common sense can comprehend them ; " he that runneth may read." It is for
you to judge whether you are willing to sustain such men in the capacity they act in
or not. [One unanimous cry of " No ! " and loud clapping].

HISTORY OF UTAH. 93

President Young then came forward to the speaker's desk and was
greeted with prolonged applause. He stated that he had no intention
of delivering a lengthy address, but while he spoke he would solicit
the quiet of the assembly. He knew well the feelings of his
auditory, but would prefer that they should suppress their demon-
strations of applause to other times and places, when they might
have less business and more leisure. On the resumption of perfect
silence, he said that they had heard the message of the Governor to
the last Legislature of Utah. They would readily perceive that the
bread was buttered, but there was poison underneath. It seemed to
him that the enemies of the Union, of the Constitution and of the
nation, were determined to ruin if they could not rule. A foreseeing
person might suppose that they conspired to bring about a revolution
in the west, so as to divide the Pacific from the Atlantic States, for
their acts tended to that end.* He believed that no true Democrat,
no true Republican desired to see the nation distracted as it now was,
but the labors of fanatics, whether they had plans which they
comprehended or not, were in that direction. When Governor
Harding came to this Territory last July, he sought to ingratiate
himself into the esteem of our prominent citizens, with whom he
had early intercourse, by his professed friendship and attachment to
the people of Utah. He was then full of their praises, and said that
he was ready to declare that he would stand in the defense of
polygamy, or he should have to deny the Bible, and that he had told
the President of the United States before he left Washington, that if
he was called upon to agitate the question, he would have to take

* President Young is understood to have received a proposition from certain
politicians in California during this period, representing that it was in contemplation by
the people of the Golden State, in case the Union was broken up by the war, and North
and South permanently divided, to form the nucleus of a Federation embracing the
States and Territories of the Pacific Slope, and inviting Utah to join them. This was at a
time when it was thought probable that the Southern States would achieve their indepen-
dence and become a distinct nation. President Young did not entertain the proposition,
and about the same time rejected overtures from the Southern Confederacy. Utah
proposed to " stand by the Union."

94 HISTORY OF UTAH.

the side of polygamy, or he should have to renounce the Bible. He
said, in the Bowery, on the 24th of July, and at other places and at
other times that if he ever learned that he was obnoxious to the
people, and they did not wish his presence, he would leave the
Territory.

[Voices everywhere: "He had better go now."]

He was not aware whether the two Associate Judges were tools
operating with him, or whether they knew no better. The success
sought in their schemes was the establishment of a military govern-
ment over the Territory, in the hope of goading on the people to
open rupture with the general government. Then, they would call
out that Utah was disloyal! He was aware that nothing would
please such men better than the arrest of all progress westward;
they would, no doubt of it, be delighted to see the stoppage of travel
across the plains and all intercourse by mail or telegraph destroyed.
Any amount of money had been employed by parties interested in
mail transportation and passenger travel to the Pacific, by way of
Panama, to destroy the highway across the plains; and there were
men among them not above operating to the accomplishment of that
end, under the pretence of other purposes.

He then alluded to the law that was drafted in this city and sent
to Washington for adoption by Congress, to take from the people
their rights as free American citizens, and portrayed the despotism
that would follow placing the power of selecting jurors in the hands
of a United States marshal. Any such power could, in the hands of
designing men, destroy and subvert every right of free citizens. For
that purpose, any class of disreputable men could at any time be
imported into the Territory, and with a residence of a few hours be
the ready tools for the accomplishment of any purpose. When their
rights and the protection of their liberties were taken from them,
what remained? [Voices, "Nothing, nothing."] Yes, service to
tyrants, service to despots !

He concluded his address by expressing that his feelings were
that the nation might be happy and free as it had been, and exhorted

HISTORY OF UTAH. 95

the people to be true to themselves, to their country, to their God,
and to their friends. President Young resumed his seat amidst
great applause and cheering.

William Clayton, Esq., then read the following

RESOLUTIONS :

Resolved, That we consider the attack made upon us by his Excellency Governor
Harding, wherein our loyalty is impugned, as base, wicked, unjust and false ; and he
knew it to be so when uttered.

Resolved, That we consider the attempt to possess himself of all military authority
and dictation, by appointing all the mititia officers, as a stretch at military despotism
hitherto unknown in the annals of our Republic.

Resolved, That we consider his attempt to control the selection of juries, as so base,
unjust and tyrannical, as to deserve the contempt of all freemen.

Resolved, That we consider the action of Judges Waite and Drake, in assisting the
Governor to pervert justice and violate the sacred palladium of the people's rights, as
subversive of the principles of justice, degrading to their high calling, and repulsive to the
feelings of honest men.

Resolved, That we consider that a serious attack has been made upon the liberties
of this people, and that it not only affects us as a Territory, but is a direct assault upon
Republican principles, in our own nation, and throughout the world ; and that we cannot
either tamely submit to be disfranchised ourselves, nor witness, without protest, the
assassin's dagger plunged into the very vitals of our national institutions.

Resolved, That while we at all times honor and magnify all wholesome laws of our
country, and desire to be subservient to their dictates and the equitable administration of
justice, we will resist, in a proper manner, every attempt upon the liberties guaranteed by
our fathers, whether made by insidious foes, or open traitors.

Resolved, That a committee be appointed by the meeting to wait upon the Governor
and Judges Waite and Drake, to request them to resign their offices and leave the
Territory. . .

Resolved, That John Taylor, Jeter Clinton and Orson Pratt, Senior, be that com-
mittee.

Resolved, That we petition the President of the United States to remove Governor
Harding and Judges Waite and Drake, and to appoint good men in their stead.

The resolutions were adopted with a ringing cheer, and without
a dissenting vote. The following petition, having been read to the
meeting, was also unanimously adopted :

THE PETITION TO PRESIDENT LINCOLN.

To his Excellency, Abraham Lincoln, President of the United States :

SIR : — We, your petitioners, citizens of the Territory of Utah, respectfully represent that :
Whereas, From the most reliable information in our possession, we are satisfied

96 HISTORY OF UTAH.

that his Excellency Stephen S. Harding, Governor, Charles B. Waite and Thomas J.
Drake, Associate Justices, are strenuously endeavoring to create mischief and stir up strife
between the people of the Territory of Utah and the troops now in Camp Douglas (situated
within the limits of Great Salt Lake City,*) and, of far graver import in our Nation's
present difficulties, between the people of the aforesaid Territory and the Government of
the United States.

Therefore, We respectfully petition your Excellency to forthwith remove the afore-
said persons from the offices they now hold, and to appoint in their places men who will
attend to the duties of their offices, honor their appointments, and regard the rights of all,
attending to their own affairs and leaving alone the affairs of others ; and in all their con-
duct demeaning themselves as honorable citizens and officers worthy of commendation by
yourself, our Government and all good men ; and for the aforesaid removals and appoint-
ments your petitioners will most respectfully continue to pray.

GREAT SALT LAKE CITY, TERRITORY OF UTAH, March 3rd, 1863.

The band then rendered "The Marsellaise " and the assembly
dispersed.

The following report of the committee appointed by the mass
meeting to visit Governor Harding and Judges Waite and Drake and
request their resignations, speaks for itself:

GREAT SALT LAKE CITY, March 5th, 1863.
To the citizens of Great Salt Lake City :

GENTLEMEN : — Your committee, appointed at the mass meeting held in the Tabernacle
•on the 3rd inst., waited upon his Excellency Governor Harding and their Honors Judges
Waite and Drake, on the morning of the 4th.

Governor Harding received us cordially, but, upon being informed of the purport of
our visit, both himself and Judge Drake, who was in the Governor's office, emphatically
refused to comply with the wishes of the people, notwithstanding the Governor had
repeatedly stated that he would leave whenever he learned that his acts and course were
not agreeable to the people.

Upon being informed that, if he was not satisfied that the action of the mass meeting
•expressed the feelings of the people, he could have the expression of the whole Territory,
he replied, "I am aware of that, but that would make no difference."

Your committee called at the residence of Judge Waite, who, being absent at the
time, has since informed us, by letter, that he also refuses to comply with the wishes of
the people. JOHN TAYLOR,

JETER CLINTON,
ORSON PRATT, Sen.

* One of the objections of the citizens to the location of Camp Douglas, was the fact
that the use of the mountain waters by the garrison for culinary and irrigating purposes
greatly diminished the supply of a portion of the inhabitants. During the dry summer
season this was a great deprivation.

HISTORY OF UTAH. 97

The refusal to resign was of course anticipated; hence the
adoption beforehand of the petition to President Lincoln, praying
for the removal of the obnoxious officials. Several thousand
signatures to the document were speedily obtained, and it was then
forwarded to Washington. That the actipns of the three officials
were in accord with the feelings of Colonel Connor and the
officers at Camp Douglas is evident from the fact that a
counter-petition, signed by them, asking that Governor Harding
and Judges Waite and Drake be retained in office, was at once
prepared and sent to President Lincoln. Chief Justice Kinney,
Secretary Fuller and other Gentiles who failed to see eye to eye
with their anti-Mormon associates at this period were styled by
them "Jack-Mormons" and accused of "subserviency to Brigham
Young."

It was about this time that President Young was accused of
violating the anti-polygamy law, in marrying another wife. It was
rumored and the rumor was straightway conveyed to him that a
movement was on foot to have him arrested on such a charge.
This report caused him little or no concern, — at least that portion
of it, — but it was also reported and believed that Colonel Connor
was about to make a descent with troops upon the President's
residence, capture him and "run him off to the States for trial."
To this kidnapping arrangement the defendant in prospect was
naturally very much averse. Colonel Connor denied that any such
act was contemplated, but his denial did not convince the friends
of the President that the movement was not on foot, and his
house was forthwith surrounded by armed guards determined to
defend him at all hazards against an assault by the military. A
very bitter feeling now prevailed between the civilians and the
soldiers, each side watching the other with a jealous eye, and a
collision at any moment seemed imminent.

In order to take the wind out of his enemies' sails and defeat
any plan, if it existed, to encompass his arrest by the military,
President Young on the 10th of March permitted himself to be

7-VOL. 2.

98 HISTORY OF UTAH.

arrested by United States Marshal Gibbs, unaccompanied by troops,
and taken before Chief Justice Kinney at the State House. An
investigation was had, and the defendant was held to bail in the sum
of two thousand dollars for his appearance at the next term of
court. The grand jury failed to indict, on the ground of an
insufficiency of evidence, and the President in due time was released
from his bond.

Stenhouse states, in explanation of the rumor relating to the
proposed military arrest of the Mormon leader, that Colonel Connor
had visited Judge Waite and as he was leaving his house "one of
the Elders, who was loitering about, believed that he overheard the
General say, 'These three men must be surprised,'" meaning, it was
supposed, the First Presidency. Immediately the alarm was given
and the President's life-guards flew to arms to protect him against
the expected outrage. The author of the Rocky Mountain Saints
also alleges that what Colonel Connor really did say on the occasion
in question was not in reference to Brigham Young at all, but to
"one of the brethren" who "had married the three widows of a
wealthy merchant within sight of Judge Waite's residence, and as
that was an excellent case in which to try the application of the
anti-polygamic law, the Colonel replied to the Judge that he would
arrest him if the court furnished the order. The anticipation that
difficulty would arise from Judge Waite acting within Judge Kinney's
district while the latter was present, was the only thing that prevented
the arrest." That Judge Waite hesitated in this particular instance
to exercise judicial functions in Judge Kinney's district from such a
motive as that assigned by Mr. Stenhouse, if true, was a little
strange ; since it is a well known fact that Judge Waite did actually
hold court in the district presided over by the Chief Justice, and
that, too, while he himself was officiating therein. Such arbitrary
conduct on the part of the Associate Justice could have but one
effect — that of increasing the distrust and dislike with which he was
already regarded by the people.

Of course these exciting rumors were at once telegraphed

HISTORY OF UTAH. 99

east and west and the press throughout the country began com-
menting on the prospect of another "war" in Utah to add
to the nation's troubles during that perilous period. The Daily
Alia California of March llth, 1863, thus expressed itself on the
subject:

We have some strange news today from Salt Lake, via New York. It is to the
effect that there is danger of a collision between the Mormons and our troops there. The
dispatch goes so far as to state that Governor Harding and Associate Justices Waite and
Drake have called upon Colonel Connor to arrest Brigham Young and some of the
Mormon leaders. It is strange that we have heard nothing on this side of these important
events, and the first intimation we should have of what is going on should reach us via
New York. We had, to be sure, a report recently of some angry meetings which had
taken place there, but we had no idea that anything serious was going on.

To get at the facts of the case we telegraphed to Salt Lake last night. The telegram
we received does not clear up matters fully. Our correspondent speaks of an anti-bigamy
law as the cause of the trouble. We do not know of any except the one providing for the
admission of Utah as a State, provided polygamy was abolished. The whole affair, there-
fore, is still enveloped in some confusion. There is one thing, however, that we do know;
Colonel P. Edward Connor and his regiment were sent across the mountains to protect the
telegraph and the overland mail, and to fight the Indians, and not to kick up trouble with
Mormons or any other class of persons. The Government has enough of fighting now on
its hands and there is no necessity of increasing it. Perhaps an expenditure of a few
more millions of dollars in a Utah war is deemed necessary to promote the happiness of
somebody behind the scenes.

This from the Sacramento Daily Union of March 12th :

It seems that matters at Salt Lake are in an unsettled and uncertain state. Some
difficulty has grown up between the Governor, the United States Judges, and the head of
the Mormon Church, which may — though we hope not — terminate in a collision. We
never deemed it particularly an act of wisdom to order a single regiment to Salt Lake. It
was not needed there for protection. We fear, too, that the Governor has been
imprudent. The Mormons should, of course, submit to the laws, but laws ought not be
forced upon them which are repugnant to a very large majority of that singular people.
A conflict at this time would prove a great misfortune to California. It would also prove
fatal to the Mormons, and hence we reason that they will avoid any hostile demonstrations
except in self-defense. The pretty-much let-alone policy is the one which should be
adopted toward the Mormons.

At the March term of the Third District Court occurred the trial
of the Morrisites captured by the Marshal's posse in June of the
previous year. Ten of them had been indicted for the murder of the

100 HISTORY OF UTAH.

two members of the posse killed at Kington Fort, and of these seven
were convicted of murder in the second degree, -two were acquitted
and in the case of the remaining one a nolle was entered. The
sentences of the convicted parties ranged from fifteen years in the case
of one to ten years in the case of five. Sixty-nine of the remaining
prisoners were fined one hundred dollars each for resisting an officer
in the service of process. Within three days of the trial petitions
circulated among Federal officials and extensively signed by them as
well as by persons at Camp Douglas were presented to Governor Hard-
ing for the pardon of the Morrisites, and by him granted. He extended
executive clemency to the whole seventy-six in two proclamations
bearing date of March 31st, 1863. Shortly after their release the
most of the Morrisites found employment at Camp Douglas, and later
accompanied a detachment of troops to Idaho where a new military
post was established. Some of them lived for many years in a little
settlement near Soda Springs.

Before leaving Utah, however, one of their number, Alexander
Dow, was prevailed upon to make affidavit as to the bloodthirstiness
and cruelty shown in this "fearful Mormon outrage" at Kington
Fort. Dow was a soldier in the Morrisite army, and had been freed
by the action of Governor Harding from the fine of one hundred
dollars imposed upon him. That the fate of Morris and Banks was
due to their apostasy from the Mormon Church, and was meted out
to them because of jealousy on the part of Church leaders; that it,
in a word, was but another exhibition of the determination of the
dominant Church to remove all opposition, was currently talked
among Federal officials and the authorities at the military post.
Small wonder, therefore, that Dow and others came to take that view
of their case. His affidavit is dated April 18th, 1863, and it was
sworn to before Associate Justice Waite. His story, describing how
General Burton deliberately shot Morris, then turned and shot
Banks, then, because Mrs. Bowman charged him with his crime,
shot her, and then, because a Danish woman ran crying to Morris'
body, shot her also, furnished the theory for the prosecution

HISTORY OF UTAH. 101

afterwards instituted, though no reputable authority ever credited
the tale.*

At the hot haste manifested by Governor Harding to pardon and
turn loose the convicted Morrisites, Chief Justice Kinney and the
Grand Jury of his court were highly indignant. Prior to concluding
their labors the Grand Jury made a formal presentment of the
Governor and his precipitate action for judicial censure. After
detailing the events incidental to the capture, trial and conviction of
the Morrisite offenders, the Jury in their address to the Chief
Justice, said :

But the Governor, clothed with the pardoning power, interposes to prevent the
punishment due to rebels against the law. He sanctions and sustains their rebellion, and,
by pardoning them, proclaims to the world that they have acted rightly, wisely and law-
fully. No time is allowed for investigation, none for repentance or reformation ; but in
less than three days from the time of the sentence of the court, all of them are pardoned
by the Executive, to renew their armed resistance against the power of the Government —
a pardon which not only seeks to release them from fine and punishment, but the costs
due to the officers and witnesses. *

Therefore, we the United States Grand Jury for the Third Judicial District for the
Territory of Utah, present his "Excellency," Stephen S. Harding, Governor of Utah, as we
would an unsafe bridge over a dangerous stream — jeopardizing the lives of all who
pass over it, or, as we would a pestiferous cesspool in our district, breeding disease
and death.

Believing him to be an officer dangerous to the peace and prosperity of this Territory;
refusing, as he has, his assent to wholesome and needed legislation; treating nearly all the
Legislative acts with contumely; and last of all, as the crowning triumph of his inglorious
career, turning loose upon the community a large number of convicted criminals.

We cannot do less than present his Excellency as not only a dangerous man, but also
as one unworthy the confidence and respect of a free and enlightened people.

All of which is respectfully submitted.

George A. Smith, Franklin D. Richards, Elias Smith, William S. Muir, Samuel F.
Atwood, Philip Margetts, John Rowberry, Claudius V. Spencer, Charles J. Thomas, John
W. Myers, Alfred Cordon, George W. Ward, Horace Gibbs, Lewis A. West, Leonard G.
Rice, Isaac Brockbank, George W. Bryan, James Bond, John B. Kelley, Gustave Williams,
Wells Smith, John D. T. McAllister, Andrew Cunningham.

* In 1879 General Burton was brought to trial before Chief Justice SchaefTer for the
alleged killing of Mrs. Bowman. The case was conducted with great ability on both
sides, and after a lengthy examination the jury, composed equally of Mormons and non-
Mormons, returned a verdict of not guilty.

102 HISTORY OF UTAH.

Judge Kinney, having directed that the presentment by the
Grand Jury be spread upon the records of the court, addressed the
members of that body as follows:

Gentlemen of the Grand, Jury :

The paper just read by the clerk, is one of great responsibility, presenting the
Governor of this Territory as unworthy the confidence and respect of the people.

I trust you have fully considered the importance of the step which you as a Grand
Jury have felt called upon, under the oaths of your office, to take.

I am well persuaded that in no spirit of malice or undue prejudice have you been
induced to call the attention of the court and people to what you regard as the official
misconduct of the Executive, but only as the deliberate result of your investigations for
the public good.

1 am perfectly familiar with the facts referred to by you in relation to the armed
resistance to the law in the service of process. Upon affidavit made before me were the
writs issued, the service of which was attempted to be resisted by an armed rebellion.

The trial of men thus found in arms very recently took place in the court over which
I have the honor to preside, and the trial as you state was conducted with deliberation,
and the verdict of the jury in each of the cases for resisting the officer and for murder
were such as met with the approval of the court.

The law and the authority were fully vindicated by the verdicts, but, as you state,
the Governor has granted an unconditional pardon.

What effect this may have on the minds of evil disposed persons I know not, but
leave the responsibility where it belongs, with the Governor, who, in the exercise of a
naked power, has seen proper to grant executive clemency.
***********

It is possible, and highly probable, that this is the last court over which I shall have
the honor to preside in your Territory. Such are the indications. I have been the Chief
Justice of the Supreme Court of Utah, and Judge of this district most of the time since
1854 — having come among you a stranger, but I was treated with kindness, and my
authority with consideration and respect.

Appointed by Mr. Pierce in 1853, and reappointed in 1860 by Mr. Buchanan, and
continued in office by Mr. Lincoln, and having held many courts, tried many cases, both
civil and criminal, of an important character, I am happy in being able to state that I
have found no difficulty in Utah in administering the law, except where its administration
has been thwarted by Executive interference.

Let honesty, impartiality and ability be the characteristic qualifications of the Judge,
and a fearless discharge of duty, and he will be as much respected in this Territory, and
his decisions as much honored, as in any state or Territory of the Union. And to use an
odious distinction, attempted to be made between Mormon and Gentile, I am also happy
in being able to state, that while these parties, differing so widely as they do in their
religious faith, have been suitors in my court, the so-called Gentile, has obtained justice
from the verdict of a so-called Mormon jury.

HISTORY OF UTAH. 103

I repeat gentlemen, that the law is, and can be maintained in this Territory, and that
there is more vigilance here in arresting and bringing criminals to trial and punishment
than in any country where I have ever resided.

In the discharge of my judicial duties, I have endeavored to be actuated by a sense
of the responsibility of my position ; ever keeping constantly in mind that I was among
a civilized and enlightened people, who were entitled to the same consideration from the
court, as the people of any other Territory ; and that the court here, as well as elsewhere,
should be free from bias and prejudice.

Gentlemen, accept my thanks for your co-operation, in support of my efforts to
maintain and enforce the law.

To the Petit Jurors I will say, that I have been well sustained by them in the trial
of cases, and can only hope that when I retire from the bench my successor will be an
able, honest judge, and have no more difficulty in discharging his duties than I have had.

Several weeks later Governor Harding was removed, and left for
the east on the llth of June. His official decapitation was looked
upon, and doubtless with good reason, as a concession by President
Lincoln to the Mormon people. This is not saying, however, that it
was not also dictated by that spirit of justice and love of right so
eminently characteristic of the great and lamented martyr President.*
At the same time Lincoln did not entirely ignore the claims of the
opposition. While convinced, from the showing made by the
citizens at their mass meetings— reports of which were forwarded to
Washington — that Harding was not "the right man in the right
place" as Governor of Utah, the President doubtless believed that
there was more or less truth in the charge of "subserviency to
Brigham Young," made by local anti-Mormons against Chief Justice
Kinney and Secretary Fuller. He therefore removed them as well as
Harding, and filled the vacancies created by the appointment of the
following named officials : Governor, James Duane Doty ; Secretary,

* There were whisperings that the Governor's removal was partly caused by the dis-
grace attaching to him from the birth of an illegitimate child, whose mother was a hired
help in the Harding household. The News broadly hints at something of the kind without
positively asserting it, and Mr. Stenhouse, in his " Rocky Mountain Saints," speaks of it
as follows : " They [the Saints] were not long in discovering that S. S. H. was not the
proper perso.i to lecture them on the immorality of polygamy. His removal did credit to
the Government."
\

104 HISTORY OF UTAH.

Amos Reed ;* Chief Justice, John Titus. Mr. Doty at this time still
held the office of Superintendent of Indian Affairs for the Territory,
Mr. Reed had for a brief period been a resident of Utah, and Judge
Titus was a citizen of Pennsylvania. President Lincoln about this time
gave Federal appointments to two prominent Mormons. They were
Colonel Jesse C. Little and Colonel Robert T. Burton, the former of
whom was made Assessor and the latter Collector of Internal
Revenue for the District of Utah.

Judge Kinney had felt for some time that his removal was
imminent. "Such are the indications," said he in his address to the
.Grand Jury of his court at the close of the March term. Rut the
people of Utah would not suffer one whom they had learned to
highly esteem to immediately retire into private life, and as the time
for the regular biennial election of delegate to Congress drew near,
the name of Hon. John F. Kinney was put forward to receive the
suffrages of the citizens. He was elected on the 3rd of August,
1863, and represented Utah in Congress during the succeeding term.
That he ably championed the cause of his constituents is evident
from the tone of his speeches in the House of Representatives on
the Utah question. His first effort of that kind was on the 27th of
January, 1864, in reply to Hon. Fernando Wood, of New York, who,
in the course of a speech delivered the day before, had referred to
the Mormon people as "profligate outcasts/' who had "always been
hostile" to the "moral and political institutions" of the country.
Judge Kinney's reply was an eloquent vindication of the people
assailed, against the charges of the gentleman from New York, and a
scathing arraignment of the ex-mayor of the metropolis for his
alleged sympathy with the Confederate cause. An able plea for
Utah's statehood was made by Delegate Kinney on the 17th of March
of the same year.

* Amos Reed was the son of John Reed, of Colesville, Broome County. New York,
who, in the summer of 1830, defended Joseph Smith, the founder of Mormonism. at his
trial in that town.

HISTORY OF UTAH. 105

CHAPTER V.

1863-1865.

OPENING OF THE UTAH MINES — GENERAL CONNOR PIONEERS THE MOVEMENT AND PUBLISHES IT TO THE
WORLD THE " UNION VEDETTE " THE DAILY " TELEGRAPH "^-CONNOR'S PLAN TO RECON-
STRUCT UTAH A PROVOST GUARD PLACED IN SALT LAKE CITY BRIDGING THE CHASM —

SOLDIERS AND CITIZENS UNITE IN CELEBRATING PRESIDENT LINCOLN'S REINAUGURATION AN

ERA OF GOOD FEELING PRESIDENT LINCOLN'S ASSASSINATION FILLS ALL UTAH WITH GLOOM

FUNERAL RITES IN HONOR OF THE NATION'S DEAD.

was in the latter part of 1863 that the first move was made
toward the opening of the Utah mines. Such a movement, it
has often been charged, was directly contrary to the wishes of
the Mormon leaders, and there is no doubt that that charge, so
far as it relates to what they deemed the premature opening of the
mines, is strictly true. We refer of course to gold and silver mines.
Mining for coal and iron had been engaged in by the Mormons
more than ten years previously. But it was the Gentiles of Utah
who first mined systematically after the precious metals within her
borders.

That the mountains of the Territory teemed with such metals,
gold and silver, as well as with lead, copper, iron, coal and every
other variety of the " useful minerals," had always been believed by
the Mormon leaders, who made no secret of their belief but freely
expressed it to their followers. Nor had evidences, tangible evi-
dences that such was indeed the case been lacking. Long before the
ring of the prospector's pick was heard on the hillsides, it was no
uncommon thing for loggers among the mountains to come upon
specimens of shining ore, out-croppings of hidden ledges, displaced
perchance by falling trees or descending boulders and sent rolling
down the rocky slopes. But of the real nature of these glittering
" finds," most of them, having no knowledge of mines or mining,

106 HISTORY OF UTAH.

were quite unaAvare. Gold might be iron pyrites, or iron pyrites
gold, for aught the great majority of the Mormons knew, or cared to
know concerning it in those days, — days when the "gold fever" was
raging with unabated fierceness along the slopes of the Sierras. They
had not come to the mountains for gold and silver, but for what was,
and is, and ever will be to people of their tone and temper, of far
greater worth, — peace and freedom; and though taught to believe that
the land they had "inherited" was "choice above all other lands," not
only for these requisites to happiness, but "for the precious things of
the everlasting hills," there was no particular desire on the part of
the general community to avail themselves of the opportunities
afforded to grow rich by mining. When the proper time should
come, their leaders declared, the riches of the earth would be theirs,
would be emptied into their laps, as it were, and they should have
gold, silver, precious stones and all that such baubles could buy, to
their hearts' content. But until that time came they should seek for
the true riches, knowledge, wisdom and righteousness, — the riches of
eternity ; for wealth that fades not away nor perishes with the using.
Among their temporal pursuits agriculture was exalted and extolled
as the basis of their prosperity, and home manufactures stood next.
They were to till the earth and raise and store up grain against times
of need; for gold and silver could not be eaten, nor could it purchase
provisions in seasons of famine, such as early Utah had seen, and
which might at any time recur. They were to build mills and
factories and seek to become a self-sustaining people, in order that
they might stand independent in these respects and be benefactors to
their kind in the event of war, famine and general distress over-
taking the nations. Iron and coal mining was encouraged, but not
the mining after precious metals, the love of which would fire the
passions, engender greed and avarice, promote pride, vanity and class
distinctions, and so divide and demoralize the community. The
attracting to Utah of that reckless and turbulent element which
invariably forms no inconsiderable portion of the population of all
mining countries, was also feared if the people should engage exten-

HISTORY OF UTAH. 107

sively and enthusiastically in the search for precious minerals known
to abound within the Territory. Peaceable people were welcome in
Utah, but not the unpeaceable. Who wished to see Deseret, peaceful
Deseret, the home of a people who had fled for religious freedom and
quiet to these mountain solitudes, converted into a rollicking, roaring
mining camp? Not the Latter-day Saints. A time might come when
they would welcome such a change, but that time, in their opinion,
had not yet arrived.* Such was the substance of the arguments
with which the Mormon authorities sought to dissuade and succeeded
in dissuading most of their followers, who showed any symptoms of
being affected by that wide-spread, far-reaching contagion " the gold
fever," from engaging prematurely in mining. Thus it was that the
Gentiles of Utah, and not the Mormons, became the pioneers and
earliest promoters of this now flourishing industry in our mountain
Territory, aptly termed by President Lincoln "the treasure-house of
the nation."

The credit of taking the first step in this direction is accorded
by common consent to General P. E. Connor, the commander at Camp
Douglas, who, during the first year of his sojourn in the Territory,
began to evolve a grand scheme for the opening and development of
the Utah mines and simultaneously for the overthrow, as he hoped,
of the hated Mormon power. It began, according to Mr. Stenhouse,
in this way. A party of soldiers from Camp Douglas were guarding
some horses belonging to the garrison which had been sent to graze
in Bingham Canyon. They were joined one day by General Connor
and a pic-nic party of officers and their wives from Camp, and one of
the ladies, while rambling on the mountain sides, picked up a loose
piece of ore. The soldiers at once prospected for the vein, discovered

* That they looked forward to such an era, is evident from the tenor of the memorial
to Congress for the construction of a Pacific Railroad, issued by Governor Brigham
Young and the Utah Legislature in March, 1852. Said the signers of that document :
" Your memorialists are of opinion that the mineral resources of California and these
mountains can never be fully developed to the benefit of the people of the United States
•without the construction of such a road." And until such a road was constructed the
mineral resources of Utah never were so developed.

108 HISTORY OF UTAH.

it, and striking a stake in the ground made their location, since which
Utah has been known to the world as a rich mining country.
Another account, by the historian E. W. Tullidge, states that a man
named Ogilvie, while logging in the canyon,' found a piece of ore
which he sent to General Connor who had it assayed. It was then,
according to Mr. Tullidge, that Connor organized his pic-nic party
and proceeding to Bingham Canyon located the mine, which was
named the Jordan. Soon afterward Connor wrote some mining laws
and held a miners' meeting at Gardner's Mill on the Jordan River,
where the laws were adopted and Bishop Gardner elected recorder of
the West Mountain Mining District. Thus was the ball set rolling.

General Connor's next step was to publish the fact of his
discovery — if Ms discovery it can be called — to the world. For this
and other purposes he and his confreres established a paper called
The Union Vedette, the first number of which bore the date of
November 20th, 1863. The Valley Tan had by this time disappeared
— as had also its journalistic foil The Mountaineer — and the Vedette
was now the one Gentile paper of Utah. Its spirit and tone are
indicated by its title, — Vedette, "a sentinel stationed on the outpost
of an army to watch an enemy and give notice of danger." It was
ably edited by Captain Charles H. Hempstead, one of Connor's
subordinate officers, and afterwards a prominent lawyer of Salt Lake
City. Samuel De Wolfe succeeded Captain Hempstead as editor of
this journal. The Vedette was first published at Camp Douglas, but
was subsequently removed to the city, where it continued to "breathe
out threatenings" against the Church authorities. It was made a
daily — the first one issued in Utah — on January 5th, 1864. In July
following sprang up The Daily Telegraph, a vigorous opponent of the
Vedette, the organ of General Connor and the California Volunteers.
The Telegraph was edited by T. B. H. Stenhouse, Esq., an efficient
journalist, who was also its publisher, having as his associates John
Jaques and James McKnight, with Colonel Thomas G. Webber as
business manager.

The first number of The Union Vedelte contained the following

HISTORY OF UTAH. 109

circular letter from General Connor on the mines and mining inter-
ests of Utah :

HEADQUARTERS, DISTRICT OF UTAH,

GREAT SALT LAKE CITY, U. T. November, 14, 1863,
Colond :

The general commanding the district has the strongest evidence that the mountains
and canyons in the Territory of Utah abound in rich veins of gold, silver, copper and
other minerals, and for the purpose of opening up the country to a new, hardy, and
industrious population, deems it important that prospecting for minerals should not only
be untrammelled and unrestricted, but fostered by every proper means. In order that
such discoveries may be early and reliably made, the general announces that miners and
prospecting parties will receive the fullest protection from the military forces in this
district, in the pursuit of their avocations ; provided, always, that private rights are not
infringed upon. The mountains and their now hidden mineral wealth, are the sole
property of the nation, whose beneficent policy has ever been to extend the broadest
privileges to her citizens, and, with open hand, invite all to seek, prospect and possess the
wonderful riches of her wide-spread domain.

To the end that this policy may be fully carried out in Utah, the General com-
manding assures the industrious and enterprising who may come hither, of efficient
protection, accorded as it is by the laws and policy of the nation, and enforced, when
necessary, by the military arm of the Government.

The General in thus setting forth the spirit of our free institutions for the information
of commanders of posts within the district, also directs that every proper facility be
extended to miners and others in developing the country ; and that soldiers of the several
posts be allowed to prospect for mines, when such course shall not interfere with the due
and proper performance of their military duties.

Commanders of posts, companies and detachments within the district are enjoined to
execute to the fullest extent the spirit and letter of this circular communication, and
report, from time to time, to these head-quarters the progress made in the development of
the Territory, in the vicinity of their respective posts or stations.

By command of Brig.-Gen. Connor :

CHAS. H. HEMPSTEAD,

Capt. C. S. and A. A. A. Gen'l.

General Connor's object in this movement is more fully set forth
in a letter to the War Department written some months later. It ran
as follows:

HEADQUARTERS DISTRICT OF UTAH,

CAMP DOUGLAS, UTAH TERRITORY,

Near Great Salt Lake City, July 21st, 1864.
Colonel :

Having had occasion recently to communicate with you by telegraph on the subject
of the difficulties which have considerably excited the Mormon community for the past

110 HISTORY OF UTAH.

ten days, it is perhaps proper that I should report more fully by letter relative to the real
causes which have rendered collision possible.

As set forth in former communications, my policy in this Tert-itory has been to invite
hither a large Gentile and loyal population, sufficient by peaceful means and through the
ballot-box to overwhelm the Mormons by mere force of numbers, and thus wrest from the
Church — disloyal and traitorous to the core — the absolute and tyrannical control of
temporal and civil affairs, or at least a population numerous enough to put a check on the
Mormon authorities, and give countenance to those who are striving to loosen the
bonds with which they have been so long oppressed. With this view, I have bent
every energy and means of which I was possessed, both personal and official, towards the
discovery and development of the mining resources of the Territory, using without stint
the soldiers of my command, whenever and wherever it could be done without detriment
to the public service. These exertions have, in a remarkably short period, been productive
of the happiest results and more than commensurate with my anticipations. Mines of
undoubted richness have been discovered, their fame is spreading east and west, voyageurs
for other mining countries have been induced by the discoveries already made to tarry
here, and the number of miners of the Territory are steadily and rapidly increasing. With
them, and to supply their wants, merchants and traders are flocking into Great Salt Lake
City, which by its activity, increased number of Gentile stores and workshops, and the
appearance of its thronged and busy streets, presents a most remarkable contrast to the
Salt Lake of one year ago. Despite the counsel, threats, and obstacles of the Church, the
movement is going on with giant strides.

This policy on rny part, if not at first understood, is now fully appreciated in its start-
ling effect, by Brigham Young and his coterie. His every effort, covert and open, having
proved unequal to the task of checking the transformation so rapidly going on in what he
regards as his own exclusive domain, he and his Apostles have grown desperate. No
stone is left unturned by them to rouse the people to resistance against the policy, even if
it should provoke hostility against a government he hates and daily reviles. It is unques-
tionably his desire to provoke me into some act savoring of persecution, or by the dexterous
use of which he can induce his deluded followers into an outbreak, which would deter
miners and others from coming to the Territory. Hence he and his chief men make their
tabernacles and places of worship resound each Sabbath with the most outrageous abuse
of all that pertains to the Government and the Union — hence do their prayers ascend
loudly from the housetops for a continuance of the war till the hated Union shall be
sunk — hence the persistent attempt to depreciate the national currency and institute a
"gold basis" in preference to "Lincoln skins," as treasury notes are denominated in Sab-
bath day harangues.*

Hence it was that the establishment of a provost guard in the city was made the
pretext for rousing the Mormon people to excitement and armed assembling, by the most
ridiculous stories of persecution and outrage on their rights, while the fanatical spirit of

* General Connor was evidently laboring under the impression that he was still in
California. The people of the Golden State repudiated at first the Government "green-
backs," but Utah and her citizens never did.

HISTORY OF UTAH. Ill

the people, and the inborn hatred of our institutions and Government were effectually
appealed to, to promote discord and provoke trouble. I am fully satisfied that nothing
but the firmness and determination with which their demonstrations were met, at every
point, prevented a collision, and the least appearance of vacillation on my part would
surely have precipitated a conflict. I feel that it is not presumptuous in me to say that
in view of what has already been accomplished in Utah, that the work marked out can and
will be effectually and thoroughly consummated if the policy indicated be pursued and I
am sustained in my measures at department headquarters. I am fully impressed with
the opinion that peace is essential to the solving of the problem, but at the same time
conscious that peace can only be maintained by the presence of force and a fixed deter-
mination to crush out at once any interference with the rights of the Government by
persons of high or low degree. While the exercise of prudence in inaugurating measures
is essential to success, it should not be forgotten that the display of power and the exhibi-
tion of reliance on oneself have the most salutary restraining effect on men of weak minds
and criminal intent. Deeply as Brigham Young hates our Government, malignant and
traitorous as are his designs against it, inimical as he is against the policy here progressing
of opening the mines to a Gentile populace, and desperate as he is in his fast-waning
fortunes, he will pause ere he inaugurates a strife, so long as the military forces in the
Territory are sufficiently numerous to hold him and his deluded followers in check. The
situation of affairs in Utah is clear to my own mind, and, without presumption, I have no
fear for the result, if sustained by the department commander as indicated in this and
former communications. Desirous as I am of conforming strictly to the wishes and
judgment of the Major-General commanding the department, and having thus fully set
forth my views and the facts bearing on the case, I beg leave respectfully to ask from the
department commander an expression of opinion as to the policy of the course pursued,
and such suggestions or instructions as he may deem proper, as a guide in the future.

Very respectfully, your obedient servant,

P. EDW. CONNOR,

Brig.-Genl. U. S. Vol., Commanding District.
Lieutenant -Colonel R. G. Drum,

Assistant Adjutant -General U. S. A., San Francisco, California.

The reader in quest of facts is warned against accepting
unreservedly as worthy of credence the reports and representations of
General Connor and his coterie at this particular period. As admitted
in the foregoing communication, he had a purpose in view, a certain
cause to subserve. His object was to reconstruct Utah, to put the
Mormons under and render the Gentiles paramount. To effect that
object he strained every effort of his energetic soul ; hesitating not
to grossly exaggerate, not only the growth of the infant industry of
mining, making it appear a very giant at its birth, when everyone
knows that for years it was a mere babe in arms, never attaining to

112 HISTORY OF UTAH.

any proportions until after the advent of the railway, but also the
general condition of affairs at Salt Lake City and throughout the
Territory. There was no flocking in of miners and merchants at
that time, as represented by the roseate description of the military
word-painter; only the same steady inpour of immigration that
previous years had witnessed, and for which the Mormon people
were sending five hundred teams to the frontier annually. Of
course a few miners came, and a few more Gentile merchants, but
there was no rapid increase of the non-Mormon population, no
wondrous multiplication of Gentile stores and workshops, and the
growth of the local mining interest was very, very gradual. In
short, there was no "movement going on with giant strides" — at least
no movement that General Connor had begun. Consequently, there
was no need, even had there been any disposition on the part of the
Church to utter threats against and throw obstacles in the way of
"The Regenerators."* If such a disposition had existed, it is very
doubtful indeed that the "firmness and determination" of the
handful of volunteers at Camp Douglas, however deserving of their
commander's compliment, would have overawed the entire Utah
militia and "prevented a collision."

It is evident from the tone of the foregoing documents that a
portion of General Connor's plan for the reconstruction of Utah was
to cause to be established here a military in lieu of a civil govern-
ment, with himself as the Caesar or Napoleon of the scene.
Undoubtedly this was in his heart, and would have been in his
hand, if he could have induced his superiors to see eye to eye with
him at this critical juncture. As it was, he almost entirely ignored
the Governor and the other civil authorities. He seemed to think
that all that Utah needed for her redemption was an influx of
Gentile miners and merchants, and an overwhelming military force,
the latter to be commanded by himself. He even went so far as to
threaten that "should violence be offered, or attempted to be offered

*A self-assumed name of the anti-Mormons, quoted and applied to them in derision
by those whom they desired to " regenerate."

HISTORY OF UTAH. 113

to miners in the pursuit of their lawful occupation, the offender or
offenders, one or many," would be " tried as public enemies, and
punished to the utmost extent of martial law."* The fact is, Connor
was a born soldier, fond of fighting, and with a penchant for military
surroundings. He breathed freely amid the smoke of battle, but
an atmosphere of peace was stifling to his lungs and nostrils.
Having sought to take part in the war then raging in the East, and
being denied that privilege, he was intensely disgusted, and did all
that he could to solace himself for the disappointment experienced.
What more natural than that having "enlisted to fight traitors" the
doughty warrior should do all in his power to carry out his design,
even if imagination had to create the "traitors" whom he was
determined to fight! A little later the General became much more
conservative, and a great deal of his anti-Mormon animus gave way.
So much was this the case that a few years afterward, when President
Young was on trial before Chief Justice McKean, General Connor
volunteered to go bail for the Mormon leader in the sum of
$100,000. His attitude in the summer of 1864 was due to the fact
that he did not understand the Mormon people as he soon learned to
understand them, and was imposed upon by men less honest and
sincere in their opposition to the Saints. This much is due to
General Connor, who, though not without faults, was the possessor
of manly and sterling qualities.

The provost guard referred to in his letter to the War Depart-
ment, was established on the 9th of July, 1864. Whether or not
this was a step in the direction of his proposed military dicta-
torship the reader may decide. Captain C. H. Hempstead was
appointed by General Connor provost marshal of Salt Lake City, and
Captain Albert Brown and Company L. of the Second Cavalry, C. V.,
were detailed to act as the guard. They took up their quarters on
July 10th in a long, low building on South Temple Street, nearly

*Quoted from a circular letter sent out from Camp Douglas by General Connor, on
March 1st, 1864.

114 HISTORY OF UTAH.

opposite the Tabernacle. Beyond the occasional arrest of some
drunken "southern sympathizer," who, in order to tantalize the
boys in blue, would "hurrah for Jeff. Davis" in their hearing, or
the reception from the hands of the police of their own " drunks
and disorderlies," who from time to time came down from Camp
or strayed from their city quarters to make night hideous for
peaceable people, the duties of the guard were not onerous. General
Connor's representation that its establishment had roused the
Mormon people to excitement and armed assembling, was altogether
untrue. Probably Connor was informed that such was the case, — he
speaks in one of his mining circulars of "numerous letters of com-
plaint " that he was continually receiving — but if so, his informant
was utterly unreliable. The Deseret News, the Church paper, barely
noticed the incident, giving it as a mere matter of news without
comment. And as to the Tabernacle resounding "with the most out-
rageous abuse of all that pertained to the Government and the
Union," as the General's report also declares, the newspapers of
those times, barring perhaps his own organ, the Vedette, make no
mention of such a thing. Nor do the Federal authorities of the
Territory, from the Governor down, though mostly non-Mormons,
appear to have been aware of it. If they had been, the world
would have heard of it. There is no evidence whatever to sustain
the assertion. That the people did not deem it at all complimentary
to their patriotism to place a provost guard in the city, and were
wounded by the imputation of disloyalty thereby conveyed, is
doubtless true. They looked upon it as an utterly needless
movement, and as a standing menace to the peace and good order
of the town, intended to encroach upon the authority of the civil
government. But it created no excitement at all.

There was some little stir one night in August, caused by the
shooting of a young man named William Vanderhoof by one of the
provost guard, who with some of his comrades was endeavoring to
take in charge, after beating over the head with a revolver, an intox-
icated young fellow who had " hurrahed for Jeff. Davis," while they

HISTORY OF UTAH. 115

were passing. The prisoner was attempting to escape, when the
soldier fired at him, the ball missing its mark but wounding, though
not fatally, young Vanderhoof, who, with hundreds of others, was
emerging from the Theater at the close of the performance. The
Mormon papers and the public generally, while not defending but
deprecating the conduct of the inebriate whose silly shout had so
exasperated the guard, denounced the brutal beating of the drunken
boy and the reckless shooting into the crowd of the soldier who had
arrested him. Another citizen — Mr. Theodore J. Calkin — was struck
over the head with a revolver by one of the soldiers on the same
occasion, though it did not appear that he had done anything to
provoke the assault. This affair was the most exciting incident con-
nected with the establishment of the provost guard in Salt Lake City.
Under the circumstances it would seem that some little excitement
was nothing more than natural. In about a year from the time of
taking up its quarters within the city, the guard was withdrawn.

A temporary bridging of the social chasm dividing the citizens
and the soldiers took place in the spring of 1865, when both sides
joined with one accord in celebrating the second inauguration of
Abraham Lincoln as President of the United States, and the
numerous victories won for the Union in the war then drawing to a
close. The movement began with a meeting of officers from Camp
Douglas and many prominent citizens at Daft's Hall, Salt Lake City,
on the 28th of February, when the following committees were
appointed : Committee of Arrangements : William Gilbert, David F.
Walker, Samuel Kahn, Lieutenant-Colonel Milo George, Captain M.
G. Lewis and John Meeks; Committee on Finance, Frank Gilbert
and Charles B. Greene; Committee on Exercises, Captain C. H.
Hempstead, Colonel 0. H. Irish (Superintendent of Indian Affairs)
and Richard A. Keyes. S. S. Walker, Esq., was selected by the com-
mittee of arrangements as Grand Marshal, and he chose as his aides
Richard A. Keyes, G. W. Carlton, Charles King, Thomas Stayner,
Samuel Sirrine and John Paul.

The city authorities, being invited to join in the celebration,

116 HISTORY OF UTAH.

promptly and cordially responded, naming as their committee of
arrangements Hons. John Sharp, Enoch Reese and Theodore
McKean. Colonel Robert T. Burton was appointed Marshal on
behalf of the municipality. Chief Justice Titus had been chosen
orator of the day by the Committee on Exercises appointed at the
meeting, but a polite note from Captain Hempstead, chairman
of that committee, invited the city's representatives to select an
additional speaker for the occasion. The invitation was accepted
and Hon. William H. Hooper was named as the orator to deliver the
closing address.

The 4th of March came and the grand celebration took place
according to the carefully prepared plan of arrangement. The
procession was composed as follows: The Provost Guard, infantry,
Captain W. Kettredge commanding; the Grand Marshal and his aides;
the Governor of Utah and the General commanding the District; the
District staff; Chaplain and Orators of the day ; Federal officers, the
Mayor, city and county officers; civic societies and citizens' military
organizations; citizens in vehicles, on horse-back and afoot; followed
by Lieutenant Colonel Milo George and staff, at the head of the 1st
cavalry, Nevada Volunteers, with several detachments, infantry,
artillery and cavalry, from Camp Douglas bringing up the rear.
Bands of music, banners, etc., were interspersed through the
procession. The entire pageant was about a mile in length. It
formed at 11 a. m. at the east end of First South Street, whence it
moved through the principal streets and finally drew up at the grand
stand previously erected for the purpose in front of the Market.
There the exercises were given. Upon the stand were Governor
Doty, General Connor and staff, Chief Justice Titus, Rev. Norman
McLeod, of Camp Douglas, chaplain of the day, Mayor A. 0. Smoot,
Hon. George A. Smith, Hon. William H. Hooper, and other prominent
citizens. The program of exercises was exceedingly interesting,
comprising a few introductory remarks by Captain Hempstead, an
impressive prayer by the chaplain, an able and eloquent oration by
Judge Titus, and a brief patriotic address by Captain Hooper. At

HISTORY OF UTAH. 117

intervals the bands discoursed excellent music, and salutes were
fired by the artillery. At the conclusion of the ceremonies the Gamp
Douglas troops were placed in line and marched back to the post,
Colonel Burton and the citizen cavalry escorting them. The day's
proceedings wound up with a banquet at the City Hall, given by the
municipal authorities to the officers from Camp and other notables.
General Connor could not be present, but Lieutenant-Colonel George
and most of the officers from the post attended, and the occasion
was one of much pleasure and interest. Among those present were
Hons. John Taylor, Wilford Woodruff and George Q. Cannon, Judge
Elias Smith, Judge Clinton, Colonel Burton, Major O'Neil, Mayor
Smoot, John Sharp, William Jennings, Henry W. Lawrence and
many more. Mayor Smoot, during the evening, proposed "the
health of President Lincoln and success to the armies of the Union."
This was enthusiastically responded to, and was followed by other
toasts, to the Mayor and Civic Authorities of Salt Lake City, to
General P. E. Connor, the Judiciary, the Army, etc., etc. In the
evening the city was illuminated with fireworks, in honor of the
occasion which had called forth the celebration.

General Connor, it is said, was greatly moved at sight of the
tradesmen and working people who paraded the streets and cheered
to the echo the patriotic sentiments uttered by the speakers. Says
Mr. Stenhouse, who was present on the occasion: "He [Connor]
wanted differences to be forgotten, and with gentlemanly frankness
approached the author with extended hand, and expressed the joy he
felt in witnessing the loyalty of the masses of the people."

The Vedette said, in the course of an extended description of
the proceedings : "This was decidedly a notable occasion in Utah.
The demonstrations were so entirely different from anything which
has come within the range of our experience here, that it deserves
special notice at our hands as an important event in the history of
this Territory. * * * The proceedings at the City Hall
were an appropriate culmination of the day's proceedings. It was
free, easy, hospitable, and a most kindly interchange of loyal

118 HISTORY OF UTAH.

sentiments among gentlemen not wont often to meet over the
convivial board. Like the procession it was a union of the civil and
military authorities of Utah, and passed off with eminent satisfaction
to all concerned."

General Connor and his friends were evidently much surprised
to find that the Mormons, whom they had deemed so disloyal, were
really patriotic, and would join heart and soul in a celebration of
this character. Their eyes were partly opened to the truth, and
thenceforth they saw things in a somewhat different light. That
they had not taken a fairer view before, was not the fault of the
Mormon people, who had over and again demonstrated their loyalty
by patriotic deeds as well as speeches, but the fault of those who had
maligned them, and caused such men as General Connor and his
associates to consider them as traitors, even before coming among
them.

Soon after the event last narrated General Connor left Utah for
a season. Prior to his departure a ball was given in his honor at the
Social Hall by the city authorities. Some of the officers' ladies at
Camp, not wishing to mingle with "Mormon women," refused to
accompany their husbands to this ball, and some of the Mormon
ladies, just as exclusive, would not attend and meet the "Gentile
women"; but those who, putting aside prejudice and pique,
were present on the occasion, described it as a very delightful
affair.

A few weeks later came flashing over the wires the awful tidings
of the assassination of President Lincoln. Utah in common with
her sister States and Territories was stricken with sorrow, and
civilians and soldiers, again uniting, as at the inaugural celebration
in March, gave evidence of the sad fact in a solemn demonstration of
mourning over the nation's martyr. The terrible tragedy took place,
it will be remembered, on the night of the 14th of April, 1865, two
days after the surrender of General Lee to General Grant at Ap-
pomattox Court House. On Saturday, the 15th, the fearful news was
sent abroad, and the nation cast into the depths of affliction. All

HISTORY OF UTAH. 119

Utah donned the garb of woe, and sincerely and deeply bewailed the
death of her departed friend. Some there were, notably members of
the provost guard, who momentarily indulged the thought that the
citizens were secretly rejoicing over the dastardly deed which had
robbed the nation of its Chief Magistrate. But the unjust suspicion
was soon dispelled, and those who had entertained it were constrained
to admit themselves in error. Said the Vedette, in vindication of the
Mormon people at the time: "The merchants, bankers, saloon
keepers, and all business men of Salt Lake City closed their places of
business at 10 a. m. on Saturday. The flags on all the public
buildings, Brigham Young's residence, stores, etc., were displayed at
half mast, with crape drooping over them. Many of the principal
stores and private residences were dressed in mourning. Brigham
Young's carriage was driven through town covered with crape. The
Theater was closed for Saturday evening, the usual night of per-
formance, and every respect was shown for the death of our honored
President. On Sunday the Tabernacle pulpit, Salt Lake City, was
covered with crape, and everyone throughout the city, that is, of the
right-minded class, manifested the deepest sorrow at the horrible
news conveyed by the telegraph."

The News noted the same event in these words: "Upon the
reception of the horrifying intelligence that President Lincoln had
been assassinated, throughout the city business was generally
suspended, flags were draped in mourning at half mast, stores and
other public buildings were closed and craped, the management of
the Theater announced that the bill for Saturday evening was post-
poned to Monday, and deep gloom palpably rested upon the minds of
the citizens. On Sunday the stand and organ in the Tabernacle were
clad in the habiliments of woe, as were also many of the congrega-
tion, and Elders W. Woodruff, F. D. Richards and George Q. Cannon
delivered feeling and appropriate addresses upon the solemn
occasion. Monday evening the proscenium and proscenium boxes of
the Theater, and two large national flags arching from the center
over the drop curtain, were draped in black, Alas for the times,

120 HISTORY OF UTAH.

when our Chief Magistrate can be thus dastardly stricken down by
the hand of an assassin!"

At noon on Wednesday. April 19th, the day of President
Lincoln's interment, solemn public services were held at the Taber-
nacle in Salt Lake City. This was pursuant to the recommendations
of the acting Secretary of State, — Secretary Seward having also
been attacked by an assassin — and according to the desire of
the citizens generally. On the 18th, at a meeting of Federal, civil
and military officials, held at the office of Governor Doty, who
presided, suitable resolutions had been adopted and a committee
appointed to arrange for the services at the Tabernacle. This
committee, consisting of Chief Justice Titus, Colonel 0. H. Irish,
Captain C. H. Hempstead, Colonel Robert T. Burton and Colonel J.
C. Little, acted in conjunction with another committee representing
the municipality, namely : Mayor A. 0. Smoot, Aldermen E. F. Sheets
and A. H. Raleigh, Theodore McKean and N. H. Felt, Esqs. Fully
three thousand people attended the services, the Tabernacle, the
interior of which was suitably hung with black, being filled to over-
flowing. The vast assemblage was called to order by City Marshal
J. C. Little, who, at the request of Mayor Smoot, took immediate
charge of the proceedings. The choir having sung an appropriate
hymn, Apostle F. D. Richards offered the opening prayer. The first
speaker was Apostle Amasa M. Lyman, whose address, according to
the Vedette, was "an earnest and eloquent outburst of feeling, and
appropriate to the occasion." He was followed, after the singing of
an anthem, by Rev. Norman McLeod, Chaplain of Camp Douglas^
who delivered an impressive and burning eulogium on the life,
character and public services of President Lincoln. A benediction
by Apostle Wilford Woodruff brought the funeral rites to a close.

HISTORY OF UTAH. 121

CHAPTER VI.

1865.

SCHUYLER COLFAX IN UTAH HIS RECEPTION AT SALT LAKE CITY INTERVIEWS WITH BRIGHAM

YOUNG OPPOSITE OPINIONS OF POLYGAMY AT THE THEATER AND THE BOWERY THE

COLFAX-BOWLES VIEW OF THE MORMON QUESTION DEATH OF GOVERNOR DOTY HONOR

SHOWN TO HIS MEMORY HON. JAMES M. ASHLEY VISITS THE TERRITORY JULIA DEAN

HAYNE AT THE SALT LAKE THEATEH ARRIVAL OF GOVERNOR DURKEE.

rN EVENT locally memorable was the visit to our Territory in
the summer of 1865 of Hon. Schuyler Colfax, Speaker of the
national House of Representatives, who, with a distinguished party,
was on his way to the Pacific coast. The future Vice President was
accompanied on this his first tour of the West by Hon. William
Bross, Lieutenant-Governor of Illinois; Samuel Bowles, Esq., editor
of the Springfield (Mass.,) Republican, and Mr. Albert D. Richardson,
representing the New York Tribune. Governor Bross was also
prominent in journalism, being at that time the editor of the
Chicago Tribune.

Utah's chief city, toward which the tourists, after a week's stay
in Colorado, made their way, on learning of their approach prepared
to do them honor. A telegram bearing the date of June 7th,
received by the party at Fort Bridger, infoi'med them that the
municipal council of Great Salt Lake had unanimously passed a
resolution tendering them the hospitalities of the city during their
sojourn here, and had appointed a committee to meet them on the
way and conduct them to the hotel apartments prepared for their
use. This telegram was sent by the committee, namely : William H.
Hooper, J. H. Jones, William Jennings and T. B. H. Stenhouse. A
return telegram, signed by Mr. Colfax and dated at Fort Bridger on
the 10th of June, informed the committee that their invitation was

122 HISTORY OF UTAH.

accepted, and that the party expected to reach this city at about
8 o'clock next morning.

Accordingly, bright and early Sunday morning, June llth, the
committee of reception and others sallied forth with carriages to
meet and greet the distinguished visitors. The coach containing
them was encountered on the hill about a mile west of Camp
Douglas, having just entered the suburbs after passing through the
post, where they had been received and honored by the military.
Mr. Colfax and his friends were cordially welcomed by the com-
mittee, whose chairman, Captain Hooper, after the stage and
carriages had halted and all parties had descended from their
vehicles and shaken hands, delivered the following address :

In tendering you, and your traveling companions, Mr. Colfax, the hospitality of our
mountain home, I do so with pride, that I am able to present to you a monumental
evidence of what American people can do.

Seventeen years ago, this people, the citizens of Utah, immigrated to these distant
parts, and were the first to unfurl the flag of the United States, when they fixed their
camp where the city now stands, and today we are surrounded with the solid comforts
and with many of the luxuries of life.

While I bid you welcome, sir, we think of the many services you have rendered us,
and of the great good we have derived therefrom, for we are sensible that no man has
done more to establish postal facilities on the great overland route to the Pacific. No
people can appreciate those services more sensibly than the citizens of Utah, for we have
often passed many months in the year without any communication whatever with our
parent government. You, sir, were one of the first to stretch forth your hand to remedy
this evil, and now instead of waiting months for news from the East, we receive it almost
daily, by means of this service ; and thousands are blessed in the benefits of that great
measure you have so faithfully advocated.

The great enterprise of establishing the telegraph wire across the continent, from
which we have derived hourly communication with our sister States and Territories, is
truly a great blessing, and to no one I am sure, Mr. Colfax, is the country indebted more
than to yourself, for its erection. The active support which you gave the measure,
contributed much to the establishment of the line, a medium through which time and
space are nearly annihilated.

We take pride in introducing you to our city, in calling your attention to the im-
provements with which it is surrounded, as well as those of our settlements, reaching
five hundred miles north and south and two hundred miles east and west. We take
pleasure as well as pride, in alluding to our mills, wollen, cotton and paper factories,
orchards, vineyards and fields of cotton and grain, and to every branch of our home
industry introduced to multiply among ourselves, from the facilities which our country

HISTORY OF UTAH. 123

offers, every means of social and national comfort and independence. We present you
these as the results of our industry and of our perseverance, against almost insurmountable
obstacles.

To you editorial gentlemen, who not only govern, but in a sense manufacture,
public opinion, we offer a hearty welcome. We had the pleasure, some years ago, of a
visit from Mr. Greeley, of the Tribune, who spent some time in our midst, and I can say
with truth that in him we have always found a gentleman ready and willing at all times
to lend his influence in the cause of human progress. In conclusion, gentlemen, I again
say, welcome.

Mr. Colfax responded to the address of welcome in fitting
phrase, after which came formal introductions and the reading by the
city recorder, Mr. Robert Campbell, of the resolutions passed by
the council, tendering to the tourists the hospitalities of the city.
Mr. Colfax and his party then took seats in the carriages provided by
the committee and were driven to the Salt Lake House, where
rooms had been prepared for them. A bath at the Warm Springs, a
visit to the Mormon Bowery in the afternoon, and to the Congre-
gational church in the evening, completed the first day's experience
of the party in Salt Lake Valley.

To behold the valley in all its loveliness, their visit could
scarcely have been better timed. The trees were all abloom, flowers
springing, birds singing, and the sweet breath of June, wafted from
snow-crowned hills over forest, garden and farm, made delicious the
atmosphere to delight the senses. Editor Bowles, who seemed to be
the chief scribe of the party, and whose observations and impres-
sions, after passing through the daily press, were published in his
book entitled " Across the Continent," gave an eloquent description
of the city and its surroundings and graphically set forth the main
incidents connected with their visit to Utah and the whole-souled
welcome extended to them by our citizens, Mormon and Gentile.
Said he : " Mr. Colfax and his friends have been the recipients of
a generous and thoughtful hospitality. They are the guests of the
city; but the military authorities vie together as well to please
their visitors and make them pleased with Utah and its people. The
Mormons are eager to prove their loyalty to the government, their
sympathy with its bereavement, their joy in its final triumph.

124 HISTORY OF UTAH.

* Also they wish us to know that they are not mon-

sters and murderers, but men of intelligence, virtue, good manners
and fine tastes. They put their polygamy on high moral grounds;
and for the rest, anyhow, are not willing to be thought otherwise
than our peers. And certainly we do find here a great deal of true
and good human nature and social culture; a great deal of business
intelligence and activity; a great deal of generous hospitality —
besides most excellent strawberries and green peas, and the most
promising orchards of apricots, peaches, plums and apples that these
eyes ever beheld anywhere."

On the evening of Monday, the 12th, the Colfax party were
treated to a grand serenade and demonstration of welcome from the
citizens in general. About dusk the people began assembling
in front of the Salt Lake House, being drawn thither by the
inspiring strains of Captain C. J. Thomas' brass band, discoursing
patriotic airs for the delectation of the visitors and the public. Soon
appeared upon the balcony of the hotel Mr. Colfax and his friends,
escorted by the city authorities. Mayor Smoot, in response to
unanimous call, took the chair, and Hon. John F. Kinney, Utah's
delegate to Congress, who had just returned from the east, in a few
appropriate remarks introduced Mr. Colfax to the multitude. The
honorable gentleman then addressed the people as follows:

FELLOW-CITIZENS OF THE TERRITORY OF UTAH : Far removed as I am tonight from my
home, I feel that I have a right to call every man that lives under the American flag in this
wide-spread republic of ours, by the name of fellow citizen. I come before you this
evening — introduced by your delegate in so complimentary a manner, fearing that you will
be disappointed by the speech to which you have to listen. I rise to speak to you of the
future of this great country of ours, rather than of the past, or of what has been done
for it in the progress of this great republic.

I was gratified when, on this long journey which my companions and myself are tak-
ing, we were met at the gates of your city, and its hospitality tendered to us; although I must
confess I would far rather have come among you in a quiet way, traveling about, seeing
your city and Territory, and making observations, without subjecting your official dignitaries
to the trouble and loss of time that our visit seems to have entailed upon them, but which
they insist is a pleasure. Yet when they voluntarily, and unexpectedly to us, offered us
officially this hospitality, we felt that it should be accepted as promptly as it was tendered .
I accept it the more cordially because I know that every one of you who knows anything

HISTORY OF UTAH. 125

about me and my companions, is sure that, reared as we have been in a different school
from what you have been, and worshiping on a different altar, we are regarded as
Gentiles; yet, despite of all this, you have seen fit to request us to stop, on this journey to
the Pacific, to receive the hospitalities which we have had lavished on us so boundlessly
during the two days we have been in your midst. I rejoice that I came to you in a time
like this, when the rainbow of peace spans our entire horizon from ocean to ocean, giving
the assurance that the deluge of secession shall not again overwhelm this fair land of ours.
[Cheers]. I come to you rejoicing, and I was glad to hear from my old friend, Captain
Hooper, your former delegate to Congress, when he made his welcoming speech on
Sabbath morning in the suburbs of your city, that you too rejoiced in the triumph of this
great republic of ours over the enemies who sought to bayonet the prostrate form of
liberty, and to blot this great country from the map of the world. Thank God, who rules
in the heavens, who determined that what He joined together on this continent, man
should not put asunder, the republic lives today, and will live in all the coming ages of
the future. [Cheers]. There may be stormy conflict and peril; there may be a foreign
war, but I trust not ; I am for peace instead of war, whenever war can be honorably
avoided. I want no war with England or France. I want the development and mighty
sweeping forward of our giant republic, in its march of progress and power, to be, as it
will be the commanding nation of the world, when it shall lift its head like your Ensign
Peak, yon tall cliff that lifts its mighty form swelling over the valley, laughing at the
rolling storm clouds around its base, while the eternal sunshine settles on its head.

I came here tonight, my friends, to speak to you frankly about the object of our
visit in your midst. I know it is supposed, it is almost a by-word, that we of the sterner
sex have adopted, that the ladies, the other sex, are the most inquisitive. Having a
profound reverence for woman, for I believe that mother, wife, home and heaven are the
four noblest words in the English language, I have never believed this to be true ; but
from long experience and observation, am persuaded that our own sex is quite as inquis-
itive as the other. I can give you some proof of this : there has not been a single lady
in Salt Lake City that has asked, "what have you come out here for?" While there
have been several gentlemen who have inquired, very respectfully it is true, " what was
the object of your coming to Utah ? " [Cheers and laughter.] Now I am going to tell
you frankly all about it, so that your curiosity shall be entirely allayed.

I will begin by telling you what we did not come for. In the first place, we did not
come here to steal any of your lands and possessions, not a bit of it. In the second
place we did not come out here to make any remarkable fortune by the discovery of any
gold or silver mines just yet. In the third place we did not come out here to take the
census of either sex among this people, and to this very hour I am in blissful ignorance
as to whether the committee that met me in the suburbs of the city, are, like myself,
without any wife, or whether they have been once or twice married, except your two
delegates to Congress — they told me they only had a wife apiece. [Laughter.] In the
fourth place, we did not come out here to stir up strife of any character; we came here
to accept the hospitality of everybody here, of all sects, creeds and beliefs who are willing
to receive us, and we have received it from all. Well, now, you see we could not have
any ulterior design in coming here. *

126 HISTORY OF UTAH.

Now, you who are pioneers far out here in the distant west, have many things that
you have a right to ask of your government. I can scarcely realize, with this large
assembly around me, that there is an almost boundless desert of 1,200 miles between
myself and the valley of the Mississippi. There are many things that you have a right
to demand; you have created, however, many things here for yourselves. No one could
traverse your city without recognizing that you are a people of industry. No one could
look at your beautiful gardens, which charmed as well as astonished me, for I did
not dream of any such thing in the city of Salt Lake when I came here, without realizing
that you, or many of you, are a people of taste. If anybody doubts that, I think that one
of your officers on the hill, who turned us loose into his strawberries today, realized that
he had visitors of taste. [Cheers and laughter.] I regret yet that I left it ; but I was
full, and the truth is I was too full for utterance, therefore I cannot make much of a
speech tonight.

In the first place, to speak seriously, coming out here as you had, so far from the old
States, you had a right to demand postal communication. I heard something that sur-
prised me, it m ust be an exaggeration of the truth — that at one time in your early
settlement of this place, you were so far removed from postal communication, that you
never heard of the nomination of President Pierce until he was elected and inaugurated
as President. [A voice, "That's so."] That was some six or eight months — that was a
slow coach, and I don't see how any one who had been in the habit of reading a news-
paper ever could get along at all ; he must have read the old ones over and over again.

It happened to be my fortune in Congress to do a little towards increasing the postal
facilities in the west ; not as much as I desired, but as much as I could obtain from
Congress. And when it was proposed, to the astonishment of my fellow-members, that
there should be a daily mail run across these pathless plains and mighty mountains,
through the wilderness of the west to the Pacific, with the pathway lined with our
enemies, the savages of the forest, and where the luxuries and even the necessaries of life
in some parts of the route are unknown, the project was not considered possible ; and
then, when in my position as chairman of the post office committee, I proposed that we
should vote a million dollars a year to put the mail across the continent, members came to
me and said, " You will ruin yourself." They thought it was monstrous — an unjust and
extravagant expenditure. I said to them, though I knew little of the west then compared
to what I have learned in a few weeks of this trip, I said, " The people on the line
of that route have a right to demand it at your hands, and in their behalf I demand it."
[Cheers.] Finally the bill was coaxed through, and you have a daily mail running
through here, or it would run with almost the regularity of clockwork, were it not for the
incursions of the savages. *

You had a right to this daily mail, and you have it. You had a right, also, to
demand, as the eastern portion of this republic had, telegraphic communication — speeding
the messages of life and death, of pleasure and of traffic; that the same way should be
opened by that frail wire, the conducter of Jove's thunderbolts, tamed down and harnessed
for the use of man. And it fell to my fortune to ask it for you ; to ask a subsidy from
the government in its aid. It was but hardly obtained ; yet now the grand result is
achieved, who regrets it, — who would part with this bond of union and civilization?

HISTORY OF UTAH. 127

There was another great interest you had a right to demand. Instead of the slow, toil-
some and expensive manner in which you freight your goods and hardware to this distant
Territory, you should have a speedy transit between the Missouri Valley and this inter-
mountain basin in which you live. Instead of paying two or three prices, — sometimes
overrunning the cost of the article, — you should have a railroad communication, and
California demands this. I said, as did many others in Congress, " This is a great
national enterprise ; we must bind the Atlantic and Pacific States together with bands of
iron ; we must send the iron horse through all these valleys and mountains of the
interior, and when thus interlaced together, we shall be a more compact and homogeneous
republic." And the Pacific Railroad bill was passed. This great work of uniting three
thousand miles, from shore to shore, is to be consummated ; and we hail the day of peace,
because with peace we can do many things as a nation that we cannot do in war. This
railroad is to be built — this company is to build it ; if they do not the government will.
It shall be put through soon ; not toilsomely, slowly, as a far distant event, but as an
event in the decade in which we live. * * * * *

And now, what has the government a right to demand of you? It is not that which
Napoleon exacts from his officers in France, — which is allegiance to the constitution and
fidelity to the emperor. Thank God, we have no emperor nor despot in this country,
throned or unthroned. Here every man has the right, himself, to exercise his elective
suffrage as he sees fit, none molesting him or making him afraid. And the duty of every
American citizen is condensed in a single sentence, as I said to your committee yesterday,
— not in allegiance to an emperor, but allegiance to the constitution, obedience to the
laws, and devotion to the Union. [Cheers.] When you live to that standard you have
the right to demand protection ; and were you three times three thousand miles from the
national capital, wherever the starry banner of the republic waves and a man stands
under it, if his rights of life, liberty and property are assailed, and he has rendered this
allegiance to his country, it is the duty of the government to reach out its arm, if it take a
sc«re of regiments, to protect and uphold him in his rights. [Cheers.]

I rejoice that I came into your midst. I want to see the development of this great
country promoted. I would now touch on a question which I could allude to at greater
length — that is about mining — but I find that our views differ somewhat with the views
of some whom you hold in great respect here, therefore I will not expand on this subject
as in Colorado or Nevada. But I would say this, for the truth compels me to say it. That
this great country is the granary of the world everybody acknowledges, at home and
abroad. When five of the States of the Northwest produce three hundred and fifty
million bushels of grain per year — when you can feed all your own land, and all the
starving millions of other lands besides, with an ordinary crop, then you are indeed the
granary of the world. But this country has a prouder boast than that — it is the treasury
of the world. God has put the precious metals through and through these Rocky Mount-
ains, and all these mountains in fact, and I only say to you that if you, yourselves, do not
develop it, the rush and tide of population will come here and develop it and you cannot
help it. [Cheers.] The tide of emigration from the old world, which even war with all
its perils did not check, is going to pour over all these valleys and mountains, and they are
going to extend the development of nature, and I will tell you if you do not want the

128 HISTORY OF UTAH.

gold they will come and take it themselves. [Cheers.] You are going to have this
Territory increase in population, then there will not be much danger about this State
matter.

Now, with the bright stars looking down upon us here, as they do on our friends
in distant States, I thank you for the kind attention with which you have listened to me ;
and while I hold the stand I ask you to join with me, if you will, in three hearty hurrahs
for that Union which is so dear to our hearts, the very ark of our covenant, which may
no unhallowed hand ever endanger in the centuries yet to come.

Three tremendous cheers were given in response to the
request, after which came " three cheers for Colfax," as heartily
rendered.

Lieutenant-Governor Bross followed in an eloquent and whole-
souled tribute to the pioneers and early settlers of the Territory.
Said he in the course of his speech :

I have always been a western man, though living down east. I have always felt that
the west was soon to be the center of wealth and power to this great nation. When but
a boy I studied its geography ; when I grew to manhood I studied its resources ; now I am
here to witness with my own eyes what American enterprise can do in the center of the
continent. And representing as I do the great State of Illinois, that state that can furnish
food for the nation, and that city that sits as a queen at the head of Lake Michigan, ready
with open arms to grasp the wealth of this north-west, and to pour back her wealth upon
it, I feel here tonight as if I had an interest in you, and in the progress and development
of this Territory and every other Territory between the lakes and the Pacific. And what-
ever I can do, as editor of what is recognized as one of the chief newspapers in the city
of Chicago, to advance the interests of this north-west, you may calculate I shall do for
your benefit. [Cheers.]

Among those things which I shall advocate is the necessity of the further develop-
ment and the pushing forward of those great lines of communication which are to make
us neighbors; and then, instead of rolling along in one of Mr. Holladay's fine coaches, for
fine they certainly are, with our good friend Otis, I expect to have him by the hand, and
taking our seat in the cars, come to Salt Lake City to eat strawberries with you in the
short space of three days. [Cheers.]

I say, therefore, go on developing this valley as you have done. Build your canal
from Utah Lake, cut your canal the other side of Jordan ; they say it is a hard road to
travel, but I have not found it so. Cut your canals and water this whole land, that it may
bud and blossom and bring forth abundantly. I have seen here such an evidence of
wealth, cultivation and progress as would surprise any man, let him come from where he
will ; even if he be a western man, it will surprise him.

So far as the railroad is concerned, and my friend Colfax has run the engine pretty
well, I want to say to you, that we here, connected with the newspapers back east, I and

HISTORY OF UTAH. 129

my associates of the quill, will do all that we can do ; we will concentrate our energies
for the accomplishment of that great enterprise, to push it through to the Pacific — we will
do all we can for you, we will do all we can to lessen the expense, the vast expense, of
drawing your goods all the way from the Missouri to Salt Lake City. You want the
railroad — you want it for its intelligence ; you want it from the fact that it mixes up a
people and enlightens them, and gives them broader and more liberal views. It will place
within your reach here many of the facilities and conveniences of life now enjoyed by
other sections of the nation. I say, my fellow citizens, let us all feel, in the great work of
developing this continent, that each one must do his share.

. I will say here, and even hereafter, that, so far as you citizens of Utah are concerned,
you have done your full share in developing the resources of this Territory. [Cheers.]
If seventeen years, that is the exact time you have been here, has accomplished what it
has, what will not the seventeen years to come accomplish, or a quarter or half a century,
for this magnificent valley ? You will have these hills swarming with denizens of New
York and Chicago — gentlemen coming to spend the summer angling on the lakes, and to
see what wonders you have developed among the mountains, as we are doing in our stay
during the week. Tomorrow we go down to Salt Lake, to enjoy ourselves the best
possible. And when we go home, we will tell the people what we have seen. We are
accustomed to tell the truth. The newspaper is not what it once was. We hold this,
that the truth in a newspaper is as essential to its success, as is the truth in social life,
[cheers] and that nothing but the truth, plainly told, will tell on the interests of this
Territory and of this great north-west, and so far as I am concerned I will tell nothing but
the truth about you. [Cheers.]

Now passing over the things in which we differ, leaving time and circumstances to
bring us together, let me say that I believe in the great principles that our Creator has
•established. I believe that the principles of commerce, the principles of our holy religion,
will in the end fuse mankind together and make us all love each other as brothers.
[Cheers.] I believe in a higher civilization, in a higher Christianity, being developed in
the progress of human events, and such as shall make all men feel that all men are
brothers. [Cheers.]

Mr. Richardson, of the New York Tribune, made the final
address of the evening, from which we will also quote a few passages.
Said the associate of the great Greeley :

There is to be a tide of migration towards the west, such as the world lias never
seen before — there is to be a rapid development, such as the world has never seen before.
There are boys here tonight who are to see the great regions of the west, from the
Alleghanies to the Pacific, teeming with the life of a hundred millions of people. There
are old men here tonight who will live to see the accomplishment of that grandest of
material enterprises — such a one as the world has never seen — the Pacific Railroad, to see
people from New York and San Francisco, London and China, stopping on the great
plains to exchange greetings and newspapers, while their respective trains are stopping
for breakfast.

9-VOL. 2.

130 HISTORY OF UTAH.

It is not only in the grand material development of the country — the building of cities
and railroads, the commerce on the river, the establishment everywhere of farms, that the
greatest pride of American development is to consist, but that, by and by, when all these
mingling and divers nationalities are blended into one, America is to give the world the
best men, the highest average men, the most intelligent men, of the purest integrity, of
the most varied accomplishments, that the world has ever seen.

But what is all this specially to you? In my judgment it is a great deal — it is every-
thing, because your location is in the very heart, the very focal point of the new States
which are to spring up here. Here is the line of travel, here are the fields of settlement,
here is the path of empire. Here is such a site for a city as no commercial metropolis in
the whole world occupies. I am dazzled at the thought of the future which may be before
it, and of the future which may be before your people.

It is with the profoundest interest that, during the few days that I have been in your
Territory, I have been studying its features and its developments. I have been in many
of your ranches, in your green fields, in many of your gardens, your residences, your
business houses, and 1 have looked with wonder at the almost miracles you have
performed in the few years you have been here. And I will tell you, gentlemen, what
the development which I have seen means, what it means to rne. When I think of the
vast labor you had to perform, of that terrible journey from the river here, and when I
see what you have done, I am full of wonder and admiration; they mean to me industry;
they mean to me integrity and justice in your dealings with each other. [Cheers.]
Because I know enough of pioneer life, I know enough from practical observation and
experience of the difficulties that environ and constantly beset new communities, to know
this could not have been done by an idle people, by a volatile people, by a people who do
not deal fairly and justly among themselves and with each other.

I wish I could paint your coming horizon; I wish I could cast the horoscope of your
future; but I think it cannot be many years before the new star of Utah will sail up our
horizon to take her place among the other members of our American constellation,
[cheers] which we fondly hope, like the stars that light us tonight, shall " haste not nor
rest not, but shine forever."

Next day the Colfax party were taken to the Great Salt Lake,
where they experienced the luxury of a bath in its wonderful waters.

But by far the most interesting incident of their visit to Utah
was the interview, or interviews, that took place between Schuyler
Colfax and Brigham Young. It goes without saying that the honor-
able Speaker of the House of Representatives was desirous of
meeting the Mormon leader. Everybody, high or low, who came to
Utah in those days, and as long as he lived, desired to meet him.
But Mr. Colfax was too great a man, or not great enough — opinions
will differ- as to which — to condescend to call upon the President,
and in all probability would have gone away ungratified in this

HISTORY OF UTAH. 131

respect rather than have sacrificed his dignity to his curiosity. But
Brigham Young, not being troubled with dignity of that sort, on
learning that the Mountain did not intend coming to Mahomet,
good-naturedly humored Mr. Colfax and went to him. President
Heber C. Kimball, Apostles John Taylor, Wilford Woodruff, George
A. Smith, Franklin D. Richards, George Q. Cannon, Rons. John F.
Kinney, J. M. Bernhisel, W. H. Hooper, Mayor Smoot, Marshal
Little, and others went also to call upon the honorable gentleman.
They were courteously received by Mr. Colfax and his friends, and
besides these, Bishops John Sharp and L. W. Hardy, Messrs. William
Jennings, John W. Young, N. H. Felt and George D. Watt, were
present at this interview. It lasted for two hours, and after the "ice
had been broken" was of a very pleasant character.

A trip to Rush Valley, to view certain mining operations in
that vicinity, was made by the Colfax party, after which they were
entertained successively at the hospitable homes of Hon. William
H. Hooper and William Jennings, Esq. A dinner was given in their
honor by Mr. Jennings on Saturday the 17th of June. There were
present, besides the host and his family, Mr. Colfax, Messrs.
Bross. Richardson and Bowles, Presidents Young and Kimball,
Apostles George A. Smith and George Q. Cannon, Hons. J. F.
Kinney and William H. Hooper, Colonel Irish, Mayor Smoot, Mar-
shal Little, and Messrs. Charles H. Hapgood, John W. Young, J. F.
Tracy, H. S. Rumfield and T. B. H. Stenhouse.* Later in the even-
ing the party attended the Theater, where the visitors were delighted,
not only with the fine structure, the size and magnificence of which
astonished them, but with the entertainment placed upon the boards

* Says Mr. Bowles in his letters: " A dinner to our party this evening by a leading
Mormon merchant, at which President Young and the principal members of his council
were present, had as rich a variety of fish, meats, and vegetables, pastry and fruit, as I
ever saw on any private table in the east ; and the quality and the cooking and the
serving were unimpeachable. All the food, too, was native in Utah. The wives of our
host waited on us most amicably, and the entertainment was, in every way, the best
illustration of the practical benefits of plurality that has yet been presented to us."

132 HISTORY OF UTAH.

for their especial benefit. Mr. Bowles thus dilates upon the subject:
"We were presented to another and perhaps the most wonderful
illustration of the reach of social and artificial life in this far off city
of the Rocky Mountains. This was the Theater, in which a special
performance was improvised in honor of Speaker Colfax. The build-
ing is itself a rare triumph of art and enterprise. No eastern city of
one hundred thousand inhabitants, — remember Salt Lake City has
less than twenty thousand, — possesses so fine a theatrical structure.
It ranks, alike in capacity and elegance of structure and finish, along
with the opera houses and academies of music of Boston, New York,
Philadelphia, Chicago and Cincinnati. In costumes and scenery it is
furnished with equal richness and variety, and the performances
themselves, though by amateurs, by merchants and mechanics, by
wives and daughters of citizens, would have done credit to a first
class professional company. I have rarely seen

a theatrical entertainment more pleasing and satisfactory in all its
details and appointments/}- The house was full in

all its parts, and the audience embraced all classes of society,
from the wives and daughters of President Young — a goodly
array — and the families of the rich merchants to the families of the
mechanics and farmers of the city and valley, and the soldiers from
Camp."

In the early part of this day — June 17th — had occurred the
second and most important interview between Speaker Colfax and
President Young, the former with his friends calling at the office of
the President, where the interview took place in the presence of the
leading Church dignitaries. The conversation was opened by the
Mormon leader, who inquired of Mr. Colfax what the Government
and the people in the east proposed doing with polygamy and the

f The pieces presented were " Camilla's Husband " and " Magic Toys," in the
former of which Mr. David McKenzie and Mrs. L. Gibson impersonated the principal
characters. Dunbar, the comic vocalist, also appeared, as did Miss Alexander, the
danseuse. " Magic Toys " included an illuminated tableau and a chaste and beautiful
ballet.

HISTORY OF UTAH. 133

Mormons, now that they had got rid of the slavery question1? Mr.
Colfax replied that he had no authority to speak for the Government;
but for himself, if he might he permitted to make the suggestion, he
had hoped that the prophets of the Church would have a new
revelation on the subject, which should put a stop to the practice.
As the people of Maryland and Missouri, without waiting for the
action of the general government against slavery, themselves believ-
ing it wrong and an impediment to their prosperity, had taken
measures to abolish it, so he hoped that the people of the Mormon
Church would see that polygamy was a hindrance and not a help,
and move for its abandonment. President Young responded, defend-
ing the plural-wife practice on scriptural grounds, and declaring
that God had in this day especially commanded it. At the same
time he admitted that the principle had been abused, and that some
had entered into it who ought not to have done so. When rightly
practiced, however, he maintained that it was not only biblical, but
had, within proper limits, a sound moral and philosophical reason
and propriety. In the course of the discussion that followed, which,
according to Mr. Bowles, was " general and sharp though very good-
natured," President Young asked Speaker Colfax if the Govern-
ment, in the event of polygamy being given up, would not demand
more — would not attack the Book of Mormon and make war upon
the Church organization? "No," was the emphatic reply, "it has
no right and could have no justification to do so. We have no idea
that there would be any disposition in that direction." Mr. Colfax
and his friends stated in conclusion that they hoped the polygamic
question might be removed from existence, and thus all objection to
the admission of Utah as a State be taken away ; but that until it
was, no such admission was possible, and the Government could not
continue to look indifferently upon the enlargement of so offensive
a practice.

Next day— the Sabbath— the visitors attended the services at
the Bowery, President Young, at their request, having consented to
deliver a discourse upon "the distinctive doctrines of Mormonism."

134 HISTORY OF UTAH.

The sermon did not please Mr. Colfax and his friends. Neither did
it suit at all the assembled Saints. In fact, it did not do the speaker
or the subject any sort of justice, and everybody present was dis-
appointed. The President, for some reason, was not half himself;
evidently being hampered instead of helped by the presence of the
visiting party, and doubtless more than all by the thought, so fatal
to eloquence, that he was expected to say something "out of the
common." His effort was regarded by his own friends, the Apostles,
Bishops and Elders around him, as a flat failure, as " the worst
sermon that he ever preached," and the strangers naturally drew the
inference that Brigham Young, while "a shrewd business man, an
able organizer of labor, a bold, brave person in dealing with all the
practicalities of life," was " in no sense an impressive or effective
preacher." Such was the verdict of the critic Bowles, the literary
spokesman of the party.

But the conclusion was far from correct. No orator should be
judged by his poorest effort; nor is it possible that a public speaker
can be always "at his best." Who has not seen actors upon the
stage, though possessing genius of the highest order, play so
poorly at times as not only to disappoint the expectant public,
assembled to witness them in their best creations, but almost to
deserve hissing? And who has not seen the same artists on
other occasions, when conditions were more favorable, or they were
"put upon their mettle" by the prod of candid criticism, fairly
electrify their audiences in the same impersonations? There is no
mystery about the matter. The tide of human effort and achieve-
ment, like any other tide, has its ebbs as well as its flows. Brigham
Young, it is true, was not an orator, — few men are upon whom that
exalted title is so carelessly bestowed, — but he certainly was, Mr.
Bowles to the contrary notwithstanding, an impressive and effective
preacher. We mean, of course, when Brigham Young was at his
best. Mr. Bowles and his friends only heard him once, and when,
from all accounts, he was at his worst. Hence their verdict is not to
be accepted as final.

HISTORY OF UTAH. 135

Later in the day the eloquent Mr. Colfax delivered at the same
place, by invitation of the Church and city authorities, his eulogy on
the Life and Principles of President Lincoln. Of course this mas-
terly oration, previously delivered in Chicago, and now read from
manuscript,* far outshone the extemporaneous "remarks" of the
Mormon President; as far, no doubt, as the life and works of
Brigham Young, the greatest of American colonizers, will outshine
in the history of his country, when it comes to be impartially written,
the life and works of Schuyler Colfax, the eloquent and erudite
orator and statesman. A hearty vote of thanks was tendered
the speaker at the close of his able address, which was listened to
by an immense audience with the most respectful and profound
attention.

Monday morning, June 19th, saw the Colfax party on their way
westward. "Adieu," wrote Editor Bowles, "to Salt Lake and many-
wive-and-much-children-dom; its strawberries and roses; its rare
hospitality; its white-crowned peaks; its wide-spread valley; its
river of scriptural name ; its lake of briniest taste. I have met much
to admire, many to respect, worshiped deep before its nature, — found
only one thing to condemn. I shall want to come again when the
railroad can bring me, and that blot is gone."

"That blot" of course was polygamy, which much offended the
Massachusetts editor, who reflected in his writings the sentiments of
Speaker Colfax, to whom in due time was dedicated the Bowles book
entitled "Across the Continent."f The views therein expressed as
to the proper method of dealing with the Mormon problem, a few
years later found vigorous administrative effect when Schuyler Colfax
became Vice "President of the United States, and the trusted and

* So says the Deseret News. Mr. Bowles states that he spoke without notes. The
News says that Mr. Colfax remarked that such was his custom, but that his relations with
the deceased President "had been so close that he had not dared speak of him except from
the manuscript which he read."

f In the dedication of " Across the Continent," Mr. Bowles says to Mr. Colfax: " The
book is more yours than mine."

136 HISTORY OF UTAH.

confidential adviser of the nation's powerful chief — Ulysses S.
Grant.*

On Tuesday, June 13th, while the Colfax party were still in Salt
Lake Valley, occurred the much lamented death of Hon. James

* Says the Colfax-Bowles publication of the Mormon people : " The result of the
whole experience has been to increase my appreciation of the value of their material pro-
gress and development to the nation; to evoke congratulations to them and to the country
for the wealth they have created, and the order, frugality, morality and industry that have
been organized in this remote spot in our continent ; to excite wonder at the perfection of
their Church system, the extent of its ramifications, the sweep of its influence ; and to
enlarge my respect for the personal sincerity and character of many of the leaders in the
organization; also, and on the other hand, to deepen my disgust at their polygamy, and
strengthen my convictions of its barbaric and degrading influences. * *
Nothing can save this feature of Morrnonism but a new flight and a more complete isola-
tion. A kingdom in the sea, entirely its own, could only perpetuate it ; and thither even,
commerce and democracy would ultimately follow it. The click of the telegraph and the
roll of the overland stages are its death rattle now; the first whistle of the locomotive will
sound its requiem ; and the pickaxe of the miner will dig its grave.

" The Government should no longer hold a doubtful or divided position towards this
great crime of the Mormon Church. Declaring clearly both its want of power and disin-
clination to interfere at all with the Church organization as such, or with the latter's
influence over its followers, assuring and guaranteeing to it all the liberty and freedom that
other religious sects hold and enjoy, the Government should still, as clearly and distinctly,
declare, by all its action, and all its representatives here, that this feature of polygamy, not
properly or necessarily a part of the religion of the Mormons, is a crime by the common
law of the nation, and that any cases of its extension will be prosecuted and punished as
such. Now half or two-thirds the Federal officers in the territory are polygamists; and others
bear no testimony against it. These should give way to men who, otherwise equally
Mormons it may be, still are neither polygamists nor believers in the practice of polygamy.
No employes or contractors of the Government should be polygamists in theory or practice.
Here the Government should take its stand, calmly, quietly, but firmly, giving its moral
support and countenance, and its physical support if necessary, to the large class of Mor-
mons who are not polygamists. to missionaries and preachers of all other sects, who
choose to come here, and erect their standards and invite followers, and to that growing
public opinion, here and elsewhere, which is accumulating its inexorable force against an
institution which has not inaptly been termed a twin barbarism with slavery. There is no
need and no danger of physical conflict growing up; only a hot and unwise zeal and im-
patience on the part of the Government representatives, and in the command of the troops
stationed here, could precipitate that. The probability is, that, upon such a demonstration
by the Government, as I have suggested, the leaders of the Church would receive new
light on the subject themselves, perhaps have a fresh revelation, and abandon the objec-
tionable feature in their polity."

HISTORY OF UTAH. 137

Duane Doty, Utah's fifth governor. His demise was caused by
violent internal pains which had seized him several days previously.
After a week's severe illness, during most of which time he was
confined to his room, death put an end to his sufferings. The
deceased was in his sixty-sixth year, having been born in New York
on the 5th of November, 1799. Prior to coming west he had resided
in Wisconsin, of which, while it was yet a Territory, he had been
Delegate to Congress and subsequently Governor. His official record
in Utah has already been noticed. As Superintendent of Indian
Affairs and as Governor of the Territory, Mr. Doty faithfully and
efficiently discharged his duty to the Federal Government and at the
same time won the love and respect of all our citizens. His was an
open and affable nature, which could not fail to win the hearts of
those with whom he came in contact. He was deeply and sincerely
mourned throughout Utah, a general cessation of business, with flags
draped and flying at half mast until after the funeral, testifying
something of the esteem and honor in which he had been held. The
obsequies preceding the burial were held at the executive residence
on Thursday, June 15th, at 10 a. m., Rev. Norman McLeod officiat-
ing. The casket was borne to the hearse by Hon. Schuyler Colfax,
Governor Rross, Chief Justice Titus, Associate Justice Drake,
Superintendent Irish and U. S. Marshal Gibbs.* The remains,
followed by a vast concourse of citizens, preceded by civil and mili-
tary officials, were conveyed to the Camp Douglas cemetery, where,
after further ceremonies, they were reverently consigned to mother
earth.

Less than three weeks later there arrived at Salt Lake City
another distinguished visitor,— Hon. James M. Ashley, of Ohio,
Chairman of the Committee on Territories of the House of Repre-
sentatives. He was just in time to witness and participate with the
citizens in their customary grand celebration of the 4th of July.
After the oration of the day, which was delivered by Hon. George Q.

* Judge Waite by this time had retired from the Territory. He was succeeded in
office in 1864 by Associate Justice Solomon P. McGurdy, of Missouri.

138 HISTORY OF UTAH.

Cannon, Secretary of the State of Deseret,* Mr. Ashley by invitation
addressed the people. He stated that it was -very far from his
thoughts on entering the city at half past one o'clock in the morning
that he should meet so large an assemblage of his fellow citizens
celebrating the anniversary of American freedom, or that he would
be asked to say a word. He knew something of the past history of
the Saints, both in the east and since they had established themselves
in the Rocky Mountains, and for what they had done here the people
of the nation should feel under great obligations to them. For the
patriotic demonstration that he was witnessing, on the part of the
loyal people of the United States he thanked them. He did not
come, he said, to make a 4th of July oration, but simply to look at
this Territory, which for six years he had had charge of as Chairman
of the House Committee on Territories. He hoped to become
acquainted with Utah's leading citizens, as well as with those of the
other Territories that he purposed visiting, in order that he" might
better understand their wants than he was able to do at a distance.
He complimented Utah's delegates in Congress, and concluded with
these words: "Whatever may be our peculiar views, let us main-
tain the principles of the Declaration that has just been read, and
the oration that has been pronounced, and make this nation what
it ought to be, the freest, mightiest and most glorious on the earth."

At this celebration the name of Hon. William H. Hooper was
put forward by Hon. George A. Smith as Utah's next delegate to
Congress. The vote taken was unanimous. Mr. Hooper, who had
previously been nominated for delegate, was elected on the first
Monday of the ensuing August. Like his predecessor, Judge
Kinney, Captain Hooper was a Democrat.

During Mr. Ashley's stay in Salt Lake City an interview was
arranged between him and President Young. It took place in the
parlors of Hon. William H. Hooper. " Well, Mr. Ashley,'' said the

* The official organization of the State of Deseret had been formally kept up since the
election of 1862, and was continued for about ten years later. Governor Young's mes-
sages were regularly presented to the General Assembly, which adopted as its own the
laws passed by each session of the Territorial Legislature.

HISTORY OF UTAH. 139

President, referring to the recent visit of the Colfax party and their
views respecting plural marriage, " are you also going to recommend
us to get a new revelation to abolish polygamy, or what are you
going to do with us?"

"Now, Mr. President," answered Ashley, with a mirthful twinkle
in his eye, " I don't know what we can do with you. Your situation
reminds me of an experience of Tom Corwin's. In the days of Tom's
poverty, somewhere in Ohio, he thought he would hang out a
lawyer's shingle and catch a share of business. One day a smart
fellow solicited his legal services; he wanted Tom to defend him, and
proposed to give him a fee of fifty dollars. That was a big sum to
Tom then ; but when he heard the situation of his client he stated
that he was under professional obligations to say he could be of no
service to him. The client insisted that Tom should make a speech
in court, and that was all he wanted. The case came on, the evidence
was clear, witnesses had seen the prisoner steal some hams, carry
them to a house, and there the hams were found in the client's pos-
session. It was a clear case of theft, the evidence was incontestible,
and the prosecutor thought it needless to address the jury. The
defendant, however, insisted that Tom should make his speech. A
brilliant effort was made, the jury retired, and in a few minutes
returned with a verdict of 'not guilty.' The judge, the prosecutor
and Tom were perfectly confounded. They glanced at each other a
look of inquiry. Nothing more could be done, and the prisoner was
discharged. As they retired from the court the lawyer said to the
thief, 'Now, old fellow, I want you to tell me how that was done!'
' Your speech did it,' was the reply. ' No, it didn't, and I want to
know how you did it?' 'Well, if you will not speak of it till I get
out of the State, I shall tell you.' Tom accorded to this, and in
perfect confidence his client whispered: 'Well, eleven of the jurors had
some of the ham.' '

"Brigh am roared and laughed," says Mr. Stenhouse, who was
one of the company present at the interview. "With a Mormon
jury, some of them doubtless polygamists, the institution was per-

140 HISTORY OF UTAH.

fectly secure."* Possibly a similar jest might have been passed with
equal propriety at the expense of some of the Congressmen who
voted for the anti-polygamy law of 1862. Not that their act was at
all similar to that of Corwin's jury. That they "had some of the
ham" regarding which they were supposed to be legislating, is very
probable, but this did not deter them from taking virtuous action
against the " much-married Mormons." Full many a man

" Compounds for sins that he's inclined to,
By damning those he has no mind to."

The next notable arrival in Utah was that of the celebrated
actress, Julia Dean Hayne, to whom reference was made in a former
chapter. Mrs. Hayne came with the Potter troupe from California,
via Idaho, arriving at Salt Lake City on the 5th of August. She was
on her way to New York, her early home, after an absence of several
years in the west, but tarried in Utah, where she became the reigning
queen of the Salt Lake stage. Her first appearance at the Theater
was on the night of August llth, 1865, in her great impersonation
of "Camille." She quickly captured all hearts and swayed un-
disputed sceptre over the affections as well as the unbounded admi-
ration of the people. Her fame as an actress was national before she
came west; but in no part of the country was she more esteemed
and admired than in Utah, where she wrote her name indelibly on
the hearts of all the citizens, and forever linked her life with the
history of our inter-mountain commonwealth.

On the occasion of her first farewell to Salt Lake City, June
30th, 1866, — when it was supposed that she would not return, though
she afterwards did, — Mrs. Hayne, from the stage, made the following
pretty and tender speech to her admiring auditory :

* Mr. Ashley, a few years later, introduced a bill into Congress "to extend the
boundaries of the States of Nevada, Minnesota and Nebraska, and the Territories of
Colorado, Montana and Wyoming." This meant the partition of Utah among her
neighbors, the contiguous States and Territories. The proposition did not meet with
much favor, and the bill was defeated, its death-blow being given by Utah's delegate, Hon.
William H. Hooper, in a masterly speech delivered in the House of Representatives,
February 25th, 1869.

HISTORY OF UTAH. 141

LADIES AND GENTLEMEN : It is but seldom I lose the artist in the woman, or permit a
personal feeling to mingle with my public duties; yet, perhaps, in now taking leave I may
be pardoned if I essay to speak of obligations which are lasting. If, during my length-
ened stay within your midst, some trials have beset my path, many kindnesses have
cheered the way, the shafts of malice have fallen powerless, and the evil words of falser
hearts have wasted as the air. And perhaps in teaching me how sweet the gratitude I owe
these friends, I should almost thank the malignancy which called their kindness forth.
For such, believe me, memory holds a sacred chamber where no meaner emotion can
intrude.

To President Young, for very many courtesies to a stranger, lone and unprotected, I
return those thanks which are hallowed by their earnestness ; and I trust he will permit
me, in the name of my art, to speak my high appreciation of the order and beauty that
reign throughout this house.

I would the same purity prevailed in every temple for the drama's teachings. Then
indeed the grand object would be achieved, and it would become a school,

"To wake the soul by tender strokes of art,
To raise the genius and to mend the heart."

But I speak too long, and pause — -perhaps before the last farewell,

"A word that has been and must be,
A sound which makes us linger,
Yet, Farewell ! "

On the 30th of September, 1865, Hon. Charles Durkee, of
Wisconsin, who had been appointed to succeed the lamented Doty as
Governor of Utah, arrived at Salt Lake City. He took the oath of
office and entered upon the discharge of his duties on the 3rd of
October. An effort had been made to secure the gubernatorial chair
for Colonel 0. H. Irish, the efficient and popular Superintendent of
Indian Affairs, and in June, a few days after the death of Governor
Doty, a petition had been signed by many leading citizens and
forwarded to President Johnson, asking for the Colonel's appoint-
ment. The request was denied, much to the general disappointment,
but Governor Durkee received a cordial welcome, and proved an
-acceptable official. He continued in office till the close of his term.

142 HISTORY OF UTAH.

CHAPTER VII.

1866.

THE BRASSFIELD MURDER MORMON AND GENTILE VIEWS OF THE HOMICIDE GENERAL HAZEN*S

SUGGESTION GENERAL SHERMAN'S TELEGRAM TO PRESIDENT YOUNG — THE MORMON

LEADER'S REPLY — GENERAL BABCOCK'S TOUR OF INSPECTION — HIS REPORT OF THE SITU-
ATION THE MURDER OF DR. ROBINSON BITTER FEELING BETWEEN MORMONS AND

GENTILES NON-MORMON MERCHANTS OFFER TO LEAVE UTAH ON CERTAIN CONDITIONS

PRESIDENT YOUNG DECLINES THE PROPOSITION.

[T Salt Lake City, during the year 1866, occurred what are
know as the Rrassfield and Robinson murders. Both crimes
were committed by unknown persons, and both victims were
prominent Gentiles. Owing to these facts and other circumstances
surrounding the cases, it was believed by the Gentile portion of the
community that the deeds were done by Mormons. Some went so
far as to charge them upon the Mormon Church, assuming that the
two men had incurred the ill-will of some person or persons "high
in authority," who had therefore instigated and authorized the
assassinations.

This extreme view, — similar to that taken by anti-Mormons in
relation to the Mountain Meadows massacre and other crimes, — was
probably entertained by most of the Gentiles then in Utah.* The

* Brevet Major-General Hazen was in Salt Lake City during October of this year.
In a report of his visit furnished to Hon. John Bidwell of the House of Representatives,
the General says : " I found Brigham Young a man of remarkable shrewdness, adminis-
trative ability and information. * * * My interview with him was pleasant, he
talking freely upon all his plans. He has the past season constructed a line of telegraph
to every village in Utah, and is ready to build several hundred miles of the Union Pacific
railroad. * * * I found at Salt Lake City about three hundred of our own
people, whom they term Gentiles, nearly all traders. They had established a church, a
newspaper and a school. * * * At the time of my visit they were

HISTORY OF UTAH. 143

Mormon view of the matter was that the murders were committed
by personal enemies of the victims, and that the question of
Mormon and Gentile had nothing whatever to do with the deeds.
Many there were, both Mormons and non -Mormons, who believed
that Brassfield had merited his fate. But by none was the
Robinson murder excused. It was denounced by all as a most
dastardly crime, and Mormons and Gentiles vied with each other in
deploring and denouncing it, and striving to discover and bring to
justice its perpetrators. Among the first to offer a reward for the
apprehension of Dr. Robinson's murderers, was President Brigham
Young. But let the facts speak for themselves. They are as
follows, — referring now to the Brassfield affair:

S. Newton Brassfield, of Austin, Nevada, had come to Utah
about three months prior to his death, for the purpose of engaging
in the then lucrative business of freighting, between Salt Lake City
and that point. He spent some time at American Fork and then
came to Salt Lake. Becoming enamored of a Mrs. Hill, the
plural wife of a Mormon Elder, who was then on a mission in
Europe, he persuaded her to forsake her husband and contract an
alliance with himself. This marriage occurred on the 20th of
March, 1866, the ceremony being performed by Associate Justice
Solomon P. McCurdy. No divorce or formal separation had taken
place between Mrs. Hill and her husband, the absent Elder, and in

broken up into several factions, probably brought about by the ingenuity of the Mormons.

* * * They [the Mormons] are probably the most universally industrious and
law-abiding people on the continent, drunkenness and theft are very uncommon.

* * * The murder of Dr. Robinson occurred while I was in Salt Lake City,
and that of Brassfield some time previous. There is no doubt of their murder from
Mormon Church influences, although I do not believe by direct command. *

I have earnestly to recommend that a list be made of the Mormon leaders according to
their importance, excepting Brigham Young, and that the President of the United States
require the commanding officer of Camp Douglas to arrest and send to the States
prison at Jefferson City, Missouri, beginning at the head of the list, man for man hereafter
killed as these men were, to be held until the real perpetrators of the deed, with evidence
for their conviction, be given up. I believe Young, for the present, necessary for us
there."

144 HISTORY OF UTAH.

the eyes of the Mormon community she was still his wife.
Consequently Brassfield was regarded as her seducer, and his action
was denounced publicly and privately as criminal. The popular
feeling with the majority of the people over the affair is reflected in
the following allusion to it by President Young at the April
conference, a few days after the killing: '"Brother Brigham,'" said
the speaker, interrogating himself, '"did you counsel any such
thing as killing Mr. Brassfield?' I did not, I know no more about
it than you do. That which has transpired I have merely heard,
and that which instigated the killing of that man is not known to
me. ' Suppose a man should enter your house and decoy away from
you a wife of yours, what would you do under the circumstances?'
I would lay judgment to the line and righteousness to the plummet,
so help me God. I say that for myself and not for another.
* * * Were I absent from my home, I would rejoice to
know that I had friends there to protect and guard the virtue of my
household; and I would thank God for such friends." This
undoubtedly was the general view of the Mormon people, based
upon the supposition that some relative or friend of the absent
husband had done the killing. That such was the case, however,
was not clearly shown.

The Gentile view, or at least the view of a certain class of
Gentiles, — those styled by the Saints "regenerators," — was that
Mrs. Hill, being a plural wife, was no wife at all by virtue of her
union with her Mormon spouse, and that Mr. Brassfield had a perfect
right to marry her. Perhaps this was his own opinion, though he
must have known, almost as well as the woman herself, that before
such a marriage would seem proper in Mormon eyes, some form of
separation, — say a Church divorce, since no legal divorce could under
the circumstances have been granted, — was necessary. Ignoring
this fact, the pair went before Judge McCurdy and became by law
Mr. and Mrs. Brassfield. The Judge, it is said, was not aware that
the woman was already married, her maiden name being the only
one mentioned in the ceremony. The marriage was followed by an

HISTORY OF UTAH. 145

attempt, still in the absence of Mr. Hill, to secure his children by this
plural wife, and to take away such of his household property as she
might choose to claim. The attempt being resisted by the rest of
the family as unlawful and unjust, Brassfield, it is said, "threatened
to shoot," and to break into the room' containing the goods and
chattels claimed by his partner. The police interfered and he was
placed in jail over night, and subsequently charged in due form and
held to answer to the Probate Court for burglary and larceny, to
which charge he pleaded not guilty. Meanwhile Mrs. Hill-Brassfield
had instituted proceedings in habeas corpus for the recovery of her
children, before Associate Justice McCurdy, who, though assigned to
the Second Judicial District, was then holding court in the Third. It
was while these cases were pending that Mr. Brassfield was shot
dead, on the night of the 2nd of April, as he was about entering his
boarding house.* The assassin, though pursued and repeatedly
fired at, made good his escape. Judge Smith, of the Salt Lake
County Court, which still had criminal jurisdiction, specially charged
the grand jury, which soon convened, to use all diligence to bring
the perpetrator of the crime to justice. His identity, however, was
never discovered.

Those who were willing to take a conservative view of the matter
believed that either some member or friend of the Hill family was
responsible for the killing, or that some personal enemy of Mr.
Brassfield, well knowing that suspicion would alight upon the family,
or upon the Church to which they belonged, had seized this oppor-
tunity to wreak revenge and use the popular feeling to cloak the crime.
Said the Deseret News: "This is the third case of shooting with
intent to kill in less than three weeks. There is

no difficulty in tracing all these cases to the 'regenerating' influences
at work through the city. These are its fruits everywhere. In the
first two cases the individuals were known, and there was no chance

* Reich's National Hotel, a few doors east of Godbe's Exchange Buildings, First
South Street.

146 HISTORY OF UTAH.

to accuse the 'Mormons' of 'murderous designs.' In the last case,
as usual where the perpetrators of crime here are not known, an
attempt will likely be made to fasten guilt on some place where it
does not belong." This proved to be true, though the attempt,
in this instance, was confined to mere suspicion and assertion.

The Daily Telegraph, edited by T. B. H. Stenhouse, expressed
itself as follows in relation to the tragedy: "We know but little of
Brassfield; but there is no doubt in our mind that he was either a
very stupid man, or has been the victim of designing men, who were
probably exceedingly glad to find in his passion the means of raising
a question from which they expected to bring to pass some portion
of their cherished dreams. Within a few hours of his death, Brass-
field expressed himself to an acquaintance of his — without any privacy
whatever — that he regarded his marriage case in the sense of ' the
entering wedge to burst up polygamy.' He did not speak for him-
self evidently, nor were he and she alone interested, for the east side
of East Temple Street has been rumbling with noise ever since the
marriage was determined on. Had he been wisely advised he never
would have attempted to marry another man's wife, and that he
knew her to be such there can be no question." A few days later
the same paper said: "It is very amusing to witness the regenera-
tors. The miserable clique are getting as loath-
some to the decent Gentiles and Jews of the city as they are
despicable to the Mormons. Even the men of no pretensions to
religion, the very sports of the city, talk of them with contempt, and
are ashamed of their Brassfield 'test case.'

The people of Utah care nothing about the slander, vituperation
and infamous lies of the regenerators — but everybody knows that
'hands off' is the essential doctrine. They may publish lies, preach
lies and mouth lies as freely as they please; but the moment their
hands are laid upon any man's family in an illegal manner they will
find there's a road to hell across lots. Brassfield

has paid the penalty of his temerity, and the only regret that we
have experienced has been that the clique of corrupt regenerators

HISTORY OF UTAH. 147

who made him their victim did not fall into the snare they laid
for him."

The editor of the Telegraph, after his change of heart toward
Mormonism, which he once so zealously championed, in his book,
"The Rocky Mountain Saints," thus speaks of the effect of the
Brassfield murder: "The Gentile community was at first panic-
stricken; but on recovering from the lirst stupor, they offered a
reward of $4,500 for the arrest of the murderer, which, however,
elicited no information. Orders had been given by the Secretary of
War to disband the volunteers, but it was immediately counter-
manded till regular troops could relieve them."

The anti-Mormon side of the affair having been bruited abroad,
General Sherman, then commanding the Department of the Plains,
from his headquarters at St. Louis telegraphed to President Young
" that he hoped to hear of no more murders of Gentiles in Utah,"
evidently accepting the theory that the Church was to blame for
what had happened. The General further stated that though his
language "was not intended as a threat," yet he might say that there
were a great many soldiers who had just been mustered out of
service, who would readily gather again and pay Utah a visit, should
the lives of citizens be afterwards imperilled in the Territory. Pres-
ident Young telegraphed in reply that Brassfield had "seduced a
man's wife," and that life was as secure in Utah as elsewhere if
persons attended to their own business.* A second telegram to

Telegraph, under the heading "Regeneration at Springville," on May
23rd, 1866, several weeks after the Brassfield killing, published the following: "We
learned just as we were going to press last evening, the facts of a tragic occurrence at
Springville, Utah County, on Sunday evening last, about 8 o'clock. A Gentile whose
name we were not told, who had been about that town all winter, on Friday evening
went to the residence of a citizen whose wife was alone — her husband being absent on a
military tour to Sanpete — where he stayed and took supper. After supper he was still
disposed to prolong his stay, which was interdicted. Determined to accomplish his
hellish purpose, he drew a revolver, swearing he would shoot the lady. Struggle contin-
ued till morning, when the woman succeeded in making her escape through a window.
The alarm was immediately spread and the scoundrel was arrested and put in the
lock-up to await an investigation. In the meantime he circulated reports that he was

148 HISTORY OF UTAH.

General Sherman, signed by prominent Gentiles, confirmed this state-
ment, and so the matter ended.

Sherman, however, requested Brigadier-General 0. E. Babcock,
who was about making a tour of inspection of the military posts of
the West, to spend several weeks in Salt Lake Valley, collecting such
information from both Mormons and Gentiles as might possibly
suggest a policy to be pursued "toward these people." General
Babcock reached Fort Bridger on the 17th of June, and Salt Lake
City two days later.* He remained until July 20th, talking freely
and often, as he says, with both classes of the community, by whom
he was treated with civility. From his report — which was very fair —
furnished to the War Department after his return, a few interesting
paragraphs are here inserted:

The Territory of Utah has now, the Mormons claim, a population of near 150,
000. (?) They are settled in various parts of the Territory, wherever advantages are
offered in soil and for irrigation. The attention of the people is generally confined to
agriculture, raising of stock, the necessaries of life. The cultivation of this country was
necessary to the development of the gold mines in Idaho and Montana, for this new country
was supplied with flour by the Mormons. The Territory has much mineral wealth, gold,

encouraged by the woman to go to the house. Hearing these reports, taking her own
and her husband's father with her, she went at once and confronted the villain, and
demanded that he should retract his slanderous reports ; which he refused to do, alleging
that at his trial — on the morrow — he would make all right. Whereupon the woman
fired at him six shots — five taking effect — killing him on the spot. We have no room
for comments."

* The General states in his report, filed October 5th, 1866, and portions of which
were laid before Congress by Secretary Stanton in January following, that he found Fort
Bridger, in " a shameful condition — grounds not policed, buildings out of order, flooring
burned up, bridges burned, shade trees broken down." The reservation was twenty-five
miles square, embracing all the good land within twelve miles in either direcjion. The
hay land was leased to Judge Carter. Babcock thought it would be advantageous and
economical to the government to sell the larger part of this reservation. Camp Douglas
he found to be " in neat condition, with a garrison of some three hundred and fifty
men." A Fort Union is also referred to as one of the military posts in Utah at this period,
but is not described nor located in those portions of the General's report published.
Babcock recommended that Camp Douglas be built of stone — the quarters and store-
houses— and that it be made to accommodate a regiment; also that a new post be
established near Green River.

HISTORY OF UTAH. 149

silver, lead, iron, coal, etc., but Brigham Young has kept their attention to the cultivation
of the soil. I saw a less number of idle people in Utah Territory than in any locality I
ever visited.

I saw President Young often. At first he was quite dignified and formal, bat after-
wards talked freely on the various subjects of difference between his church and the
general government. The act of Congress of 1862 prohibiting polygamy, has never been
enforced. President Young told me he wanted it brought before the courts, and would
place no obstacle in its way, and in fact would help to bring it before the courts. He said
he believed it was unconstitutional, as it is against one of the foundations of their religion.
He went further and said the Mormons would never have had more than one wife had
not God revealed it to them that it was His wish. His sincerity in such a statement might
be questionable, though his manner and conversation would not seem so. That the people
generally believed this, I think there is no question. The attempt to enforce this law of
1862 has been a failure, and I think it will be, not because the people oppose the courts,
but the fanatical views of the people render such failures almost certain. The law makes
it a crime to take more than one wife. Before the offender can be tried he must be
indicted before a jury of the land. The jury of necessity is entirely or mostly of Mor-
mons. No Mormon can see a crime in taking two or more wives in accordance with
God's revelation to them. The result is, no one is indicted. It being a criminal offense,
there is no appeal from this, hence the case never comes before the United States courts.

Judge Titus — I believe a very upright man, of no prejudice in favor of the Mor-
mons— informed me that about one-tenth of the Mormons are polygamists ; that he knows
of cases where Mormons have been prevented from taking more wives by the law of
1862, and others on account of that law have separated from all but one of their wives.
A great number of the inhabitants of the Territory are not citizens of the United States.
Whenever they have become naturalized before Judge Titus, he has required obedience
to the law of 1862.

The Gentiles (anti-Mormons) in Utah thought they would have a Gentile settlement
in the Territory, in the Pahranagat mining country, where a Gentile jury could be found,
but the last Congress cut this portion of Utah off and annexed it to Nevada. So the Mor-
mons are even stronger than before. The Legislature of Utah has placed many matters
in the hands of inferior courts, which should be before the highest courts of the Territories;
murder and divorce are thus placed. t

Their militia, instead of being under the control of the Governor, is under the author-
ity of the Church, or Brigham Young. * * * * Whenever
called upon to aid in suppressing the Indians, they have responded promptly, and I
believe have rendered very efficient service. Brigham Young has three hundred men
this season protecting the settlers of the southern portion of the Territory from a band of
bad Indians, under a chief named Black Hawk. These men are furnished without com-
plaint. They receive no compensation from the United States. If the other Territories
would exhibit similar dispositions, many of the Indian troubles would disappear.

That these people were exasperated by the conduct of General Connor, and many
officers in his command, there is no doubt. A more quiet or peaceable community I
never passed four weeks with. My opinion is that a policy by which the institution they

150 HISTORY OF UTAH.

cling to with fanatical faith shall be brought against public opinion will be one that will
soon cure the evil and save to our country all the elements of good citizens they possess ;
while a coercive policy will, in accordance with the history of the world, increase the
fanaticism and destroy all the industry and wealth of 150,000 people and return that now
fruitful valley to a desert again. A careful selection of civil and military officers, who
with their families will give these ignorant people an example, with the enlightenment by
the completion of railroad and telegraph lines will do more to correct the error of these
people than all the crusades possible. This discussion is given to afford you an idea of the
people with whom we are to treat in this Territory.
***********

- Great Salt Lake City from its central locality in the heart of the great mountain
district, with a line of telegraph east to the Atlantic and west to the Pacific; also one
running north and south through the Territory; its lines of stages to the Missouri river
and the Pacific; to Idaho and Columbia river; to Montana and Pahranagat mines, make
it the great half-way place across the Continent; and so long as the Government holds
internal military positions, this will be one of the greatest importance. I most earnestly
recommend a department be created, making this the headquarters. Send a judicious
commanding officer, with zealous quartermaster and commissary. This disposition will
be such as will be economical; will place the Mormon question under his eye; will place
him in a position to purchase most supplies very economically, and will place him where

he can best watch the Indians.

** * * * * *****

Of this command, all except the permanent garrisons to protect stores and buildings
(the latter to be kept at a minimum) should be mounted cavalry and mounted infantry.
To send infantry after Indians is useless. The mounted command should be in readiness
to move on an hour's notice. This movable force can, judiciously handled, protect the
stage and emigrant travel, a vital matter along the route of travel and scattered settlements.
The commanding officer should be in the country to judge between an Indian outbreak
and a thieving party of whites and Indians. Many expensive Indian expeditions can thus

be prevented and the right of the Indian as well as the white man be respected.
**** * * * * ***

Along through Utah and into Idaho the settlements were quite numerous and very
thrifty. The practice of irrigation seemed to reclaim all of the lands it can be applied to.
The settlers are mostly Mormons, and exhibit the same thrift, industry and enterprise
exhibited in other parts of Utah. The adobe houses, handsome stock of horses, sheep
and cattle, with beautiful fields of wheat, oats, rye, and gardens filled with vegetables,
with the almost universal planting of fruit trees, apples, pears, peaches, plums and
apricots, commend these people to the kind consideration of the general government.
This country can and may, some future day, be the great pastures for the sheep and

cattle to supply cheaply the vast markets of our country.

* **********

The completion of the railroad and the settling up of these valleys will reduce the
price of food and labor, so that many of the fine mines now unworked on account of high
prices will produce larger quantities of gold and silver than the famous gulches that are
dug over and cleared in one or two seasons.

HISTORY OF UTAH.

151

The murder of Doctor Robinson occurred on the night of the
22nd of October. It was a particularly atrocious deed, and sent a
thrill of horror through the community. The writer, then a lad of
eleven years, remembers with what awe he read the first account of
the horrid crime from a hand-bill circulated through the city and
posted up in public places the day after the occurrence. The hand-
bill read as follows :

GREAT SALT LAKE CITY, October 23, 1866.

We, the undersigned, agree to pay the several sums attached to our names for the
apprehension and safe delivery into the hands of the proper officers of this city or county,

•

of the murderer or murderers of Doctor Robinson, who was killed last night :

Brigham Young

Joseph A. Young

T. B. H. Stenhouse

Nounnan, Orr & Co.

W. S. Godbe

Wm. H. Hooper

H. S. Rumfield

Wrn. Jennings

W. L. Halsey, Agent

El dredge & Clawson

Kimball & Lawrence

Hussey, Dahler & Co.

Bodenburg & Kahn

Matthew White

R. C. Sharkey

Bohn & Molitor

F. & W. Taylor

N. S. Ransohoff & 'Co.

Bassett & Roberts

John W. Kerr

J. H. Kiskadden

E. Creighton

Walker Brothers

J. H. Jones

Barrow & Co.

J. H. Worley

$500.00
200.00
100.00
250.00
500.00
500.00
200.00
500.00
500.00
300.00
500.00
250.00
200.00
500.00
100.00
100.00
100.00
250.00
100.00
100.00
100.00
100.00
600.00

50.00
250.00

50.00

86,900.00

The city and county authorities published under the same date
this announcement:

152 HISTORY OF UTAH.

$2,000 REWARD.

ONE THOUSAND DOLLARS will be paid by Great Salt Lake. City, and One Thousand
by Great Salt Lake County, for the arrest and delivery to the Sheriff of said County, upon
conviction, of the person or persons who assassinated Dr. J. King Robinson, in Great Salt
Lake City, on the night of the 22nd of October, inst.

D. H. WELLS,

Mayor Great Salt Lake City.
R. T. BURTON,

Sheriff Great Salt Lake County.
GREAT SALT LAKE CITY, October 23rd, 1866.

The circumstances surrounding this tragedy were these. Dr. J.
King Robinson was a native of the State of Maine, but had lived for
some time in California, whence he came to Utah in 1863 or 1864.
For a year or two afterwards he was the assistant surgeon at Camp
Douglas, but was mustered out of service and at the time of his
death was practicing his profession at Salt Lake City. There he had
met and married a Miss Kay, daughter of John Kay, the actor and
vocalist. The father, who was now dead, had been a well known
Mormon, but the family — this portion of it — had withdrawn from the
Church. Dr. Robinson was an intimate friend of Rev. Norman
McLeod, who was still chaplain at Camp Douglas, but was then deliv-
ering a series of anti-Mormon sermons in Independence Hall, near
which the Doctor dwelt. He is said to have borne a good character,
and to have devoted a portion of his time in furthering the interests
of the Gentile Sunday School. He was a young man, tall and
athletic, of pleasing address, and among the Gentiles very popular.
His anti-Mormon proclivities — for he was one in sentiment with his
friend McLeod — prevented the Saints from thinking as much of him
as they might otherwise have done, but none among them were
known to be his personal enemies. In the summer preceding his
death he had become involved in a legal contest with the authorities
of Salt Lake City for the possession of the Warm Springs property,
in the northern suburb of the municipality. Holding it to be
unoccupied land and a portion of the public domain, he and another
surgeon from Camp laid claim to it, erected a board "shanty"

HISTORY OF UTAH. 153

thereon, and proceeded to make other improvements indicative of
their design to retain possession. The city owned the land, and its
council ordered the marshal to remove the shanty. This being done,
Doctor Robinson instituted proceedings in the United States courts
for the recovery of the land. He grounded his claim upon the
alleged invalidity of the city charter, holding it to be defective
because it did not appear from certain public records that the acts of
the Utah Legislature for 1859-60, containing the new charter of Salt
Lake City, had ever been submitted to the President and Congress of
the United States, as required by the organic act of the Territory.
Two months passed, and finally, on the 19th of October, Chief
Justice Titus, before whom the case was tried, decided in favor of the
city.* Three days later Doctor Robinson was assassinated.

The murder occurred a little before midnight, and within a few
rods of the Doctor's dwelling. Roused from his bed by a knock at
the door, he was informed that his services as a surgeon were
desired immediately for a man named Jones, who had had his leg
broken by the fall of a mule. Hurriedly dressing, the Doctor sallied
forth into the night, in company with the person who had summoned
him. A few moments later, loud shrieks were heard, followed
immediately by a pistol shot; then ensued a deep silence broken only
by the sound of footsteps hastily retreating. Six or seven men, it is
said, were seen by various witnesses running away in different
directions, but, though the moon shone brightly, none of them could
be identified. Several persons, hearing the shrieks and the shot,
hurried to the scene, and found the body of Dr. Robinson lying
upon the ground, bleeding from three wounds in the head, two of
them inflicted with some sharp instrument, and the other caused by
a bullet which had passed through his brain. The police were at
once notified, and several officers were soon upon the spot, and while
one of them went to summon medical aid, the others, assisted by the

* Judge Titus was not regarded by the Mormons as a friend, but was considered an
upright judge, who, whatever his private feelings were, never allowed them to sway him
on the bench, but stood strictly by the law and his own sense of justice.

154 HISTORY OF UTAH.

bystanders, conveyed the wounded man to Independence Hall. He
was unconscious, and his life was fast ebbing away. A little later
he was removed to his own home on East Temple Street, where,
within an hour, he expired.

The commission of this crime threw the whole city into a fever
of excitement. By everyone the deed was execrated and deplored.
The Mormons considered it a calamity, and indeed nothing for
them could have happened more inopportunely. "They saw at
once,'' says Stenhouse, "that Dr. Robinson's contest with the city
authorities would certainly be regarded as the cause of his ' taking
off." And it was so regarded by many, probably by most of the
Gentiles, in spite of the fact that in that contest the Doctor had been
defeated and the city had come off victorious.*

The inquest in the case began on Tuesday, October, 23rd, the
day following the murder, and after several adjournments finally
concluded on the 6th of November. The design was evidently to
have a fair and thorough investigation, in which both sides, Mormon
and Gentile, should equally participate. The County Coroner, Jeter
Clinton, Esq., before whom the inquest was held, invited Chief Justice
Titus and Associate Justice McCurdy to sit with him upon the bench
and assist him in conducting the inquiry. With the Prosecuting
Attorney, Seth M. Blair, were associated Captain C. H. Hempstead
and Judge Hosea Stout, the city attorney. Subsequently Hon. John
B. Weller, ex-Governor of California, was specially retained for the
case. Thomas Marshall, Esq., today a prominent member of the
Utah bar, also lent his assistance. The jurors — a majority of
whom were non-Mormons — were James Hague, Charles R. Barratt,

* Mr. Stenhouse theorizes upon the crime as follows: "It has always appeared to
the author's mind that the Robinson murder was an accident and not premeditated. As
one occurrence frequently suggests another of a similar character, it is very probable that
the party attacking Dr. Robinson designed only to give him a beating and some rough
usage. He was a young, athletic man, and when he first discovered so many men of evil
purpose he very likely became alarmed, and in seeking to disengage himself from them,
probably recognized some of them, and for their own protection and concealment the fatal
violence was resorted to." — Rocky Mountain Saints.

HISTORY OF UTAH. 155

Samuel D. Sirrine, John B. Kimball, W. W. Henry and Nelson
Boukofsky. The first session of the inquest was held in
Independence Hall, but an adjournment was soon taken to the City
Hall. Many witnesses were examined, but no information was
elicited leading to the discovery of Dr. Robinson's murderers.

It was the manifest purpose of Governor Weller, who was
permitted to lead the prosecution, to fasten the responsibility for
the crime upon the Mormon Church authorities. This fact is plainly
apparent from a series of questions propounded by him during
his address to the jury. His address had been carefully prepared
and was read from manuscript. The questions referred to were as
follows :

"1st. If my associate, Judge Stout, the City Attorney, had been
murdered under the circumstances Dr. Robinson was, would the
police have exhibited a greater degree of vigilance and energy?

"2nd. Would the attention of the 4,000 people who assembled
at the Tabernacle, where secular affairs are often discussed, on the
succeeding Sabbath, have been called to the crime, and they exhorted
to use every effort to ferret out the assassins?

"3rd. Could any prominent Mormon be murdered under the
same circumstances, and no clew whatever found to the murderer?

"4th. Would any portion of the 500 special police have been
called into requisition or ordered on duty?

"5th. Would any of the numerous witnesses who saw the
assassins fleeing from their bloody work have been able to recognize
and name them?

"6th. Have Ave not utterly failed to prove, after full investi-
gation, that Dr. Robinson had a personal enemy in the world,
and have we not proved that he had had difficulties with none except
the city authorities?

"7th. Is there any evidence that he had done anything to
make personal enemies, unless it was having the chief of police and
two others bound over to answer to a charge of riot?

"8th. Would he have been murdered if he had not by his

156 HISTORY OF UTAH.

land-claim raised a question as to the validity of the city
charter?

"9th. Would the ten-pin alley have been destroyed if it had
not been his property, and that he had a suit pending against
the city ?

"10th. Would the Mayor of the city have ordered him out of
his house two days before he was murdered, if he had not
understood that he claimed damage from the city for the wanton
destruction of his property?

"llth. Is it not remarkable that a gang of men could go to a
bowling-alley, nearly surrounded by houses, within sixty steps of the
most public street of the city, between the hours of 11 and 12 at
night, demolish the windows and break up with axes and sledges the
alley, and no witnesses found to identify the men, or who knew
anything whatever about the perpetrators of the act ?

"12th. Are not the jury satisfied that some witnesses have
withheld evidence calculated to fasten guilt upon certain parties,
because they feared personal violence?

"13th. Is there not an organized influence here which prevents
the detection and punishment of men who commit acts of violence
upon the persons or property of Gentiles?

"14th. If a Mormon of good standing had been murdered,
would the Mayor, to whom the Chief of Police reports, have been
informed of the fact before 10 o'clock the next day?

"15th. Would the Chief of Police have gone to bed as soon as
he heard of the crime, and waited three days before he visited the
scene of the murder?

"16th. Was the murder committed for the purpose of striking
terror into the Gentiles and preventing them from settling in this
Territory ?

"17th. Is it the settled policy of the authorities here to
prevent citizens of the United States, not Mormons, from asserting
their claims to a portion of the public domain in the regularly
organized judicial tribunals of the country?

HISTORY OF UTAH. 157

"18th. Are all legal questions which may arise in this city
between Mormons and Gentiles to be settled by brute force ?

"19th. Do the public teachings of the Tabernacle lead the
people to respect and obey the laws of the country, or do they lead
to violence and bloodshed?"

These queries, with Governor Weller's comments thereon, had
all the effect of direct accusations, and created among the Mormons
much indignation. Judge Hosea Stout replied at length to what he
deemed the unjust reflections cast by his colleague upon the city
government. Extracts from his speech are here presented:

GENTLEMEN OF THE JURY : — I did not expect to have to make any remarks on this
occasion, but the course which the gentleman has seen fit to pursue compels me either to
acquiesce with what he has advanced, or enter my protest. This jury was summoned
for the purpose of ascertaining, if possible, who assassinated Dr. Robinson, and to
better understand what has been done to accomplish that object, I am compelled to give a
short history of the proceedings in the case. In the first place the Prosecuting Attorney,
Mr. Blair, called to his assistance Mr. Hempstead, and they two requested me to join
them. 1 did so. We had a short session at Independence Hall. Things worked
somewhat curiously. The next morning when I got out I learned that telegrams and
communications were passing and that other parties were to be added to the court and to
the prosecution in the case. If any assistance from any quarter could be brought to
elicit truth in the investigation, I was glad of it. I so stated. The place of meeting was
removed to this Hall. My colleague who has last spoken took the lead in the case. He
has, as you will all bear witness, been unobstructed in the course he desired to pursue.
He has never deigned to counsel with me in one item that I can remember. He has
never informed me of what he wished to do. We have not thrown any obstructions in
his way.

Now, I am City Attorney. The aspersions on the City, which he has seen fit to
make, I feel called upon to reply to. The gentleman in his opening remarks stated that
he did not wish to say anything that would arouse personal feelings. I do not wish to do
so. But I wish to set the matter in a truer light than it now is before you. The first
course pursued was to take the police of the city through a rigid examination as to the
complicity they might have had in the murder; not as to what their duties might be on
that night; but it was a direct inquiry as to which of them committed the deed.
Suspicion rested on Mr. Heath. He was seen by three men going up the street directly
after the murder. No one was to blame for the suspicion, but it came out on testimony,
corroborated by those three men, that he was bent on an errand of mercy at the time —
going for a doctor for the suffering man.

Another thing was inquired into of the police, and I think of them alone. They
were rigidly catechised whether there were not secret combinations here to commit crime,
to violate the law, to trample on the rights of citizens and take life. There was no

158 HISTORY OF UTAH.

information elicited at that period to show that this was the case. I informed the gentle-
man who spoke that there were such combinations in this city, and I knew it, but had
not proof sufficient for a court of justice — combinations to violate the law and set it at
defiance, and do as they pleased, independent of law. I requested that the gentle-
man would prosecute that inquiry vigorously with every witness called, but after the
examination of the police was through I do not think the question was asked.

* * it:********

The inquiry went direct to the President in the stand, and no where else. If the
murderers could not be detected in that direction, it did seem to me from the gentleman's
speech, and the course pursued, that they had no use for any further knowledge con-
cerning it. There has been an onslaught made upon gentlemen here and upon the
people that has been most unwarranted and unjust.

I am one of the gentleman's colleagues in this prosecution, and I am sorry we differ.
We do not differ in relation to the murder of Dr. Robinson. It was a crime that struck
gloom to the heart of every man in the Territory with whom I have conversed, without
respect to party or faith. I do not think there was a pulse but what beat in unison on
the subject. The case of the Warm Springs has been introduced, and a very wrong use
has been made of it. I am implicated myself in the affair, for I am attorney in the case
on the part of the city. I appeal to the jury and to every man present, if there was
anything in that case to call forth private vengeance. Dr. Robinson did see fit to lay
claim to land there, and the city saw fit to oust him somewhat summarily, to take back
what they have held for the last sixteen or seventeen years, and improved to the extent of
several thousand dollars, to my knowledge. The case was brought to law. It had been
hotly contested, and all the points that ingenuity and counsel could raise were brought to
bear on it. The last decision given on it placed the Springs to all intents and purposes
in the hands of the city. There were no grounds left for revenge or hard feelings. This
has been made use of before you to implicate a community. A community has been
charged with the murder of that man. How does that case stand? Witnesses who
have no knowledge of law have been asked their views on it. Let me give my views.
The case is pending. It has been brought to trial on its merits. The city does not obtain
by the death of Dr. Robinson. Before his death we were contesting with the doctor ; after
his death the contest is with his bereaved widow. What has the city gained upon the
charge that the gentleman has made against them ? It is now the poor widow with
whom the matter has to be contested instead of the doctor. That is all the city could
have gained if they had done the deed. With regard to Mr. Wells ordering the Doctor
out of his house ; that was a matter of their own affairs.

*****:f:***:t:*

He has taken the trouble to draw a distinction between " Gentiles" and "Mormons."
Such a party spirit has no business in court. It is told you that no " Gentile " can suc-
cessfully contest a case here with a " Mormon." The thousands of cases on the records of
the courts prove the incorrectness of the statement. The gentleman's high character
before the nation should make him more careful in expressing himself where he is so
consummately ignorant.
***********

HISTORY OF UTAH. 159

Men have been asked what they thought of the anti-polygamy law and whether they
would take another wife ? What could be in view in so asking but to raise a party spirit
and use it for party purposes ? I protest against such a course. Men were asked, what
were the views of the Mormons in relation to law? I believe I can show you how the
law is resisted and kept here. Ever since this has been a Territory the Mormons have
had to make the laws — and they were fools if they did not make those laws to suit
themselves — but from the time the Federal ermine first came to this Territory, we have
had to contend with them to maintain the laws. What infernal scamp has been
convicted and sent to the penitentiary for thieving, who asked for a writ of habeas corpus
but has got it granted and been turned loose on society? It has been a constant struggle
to sustain the laws against the efforts of men who should have maintained them — the
remains of worn-out politicians who come here and tell us that we have a systematized
organization for breaking the law.

##:(:*#*****#

Reference has been made to the language of President Young. He has made some
strong remarks in the stand. He has often done so. That is where he does all his sly
deeds, before the assembled multitude. He does not stalk about at midnight doing the
work of assassination. He has had to settle difficulties with thousands and where is the
man, Mormon or anti-Mormon, who ever appealed to him for the decision of a case but
was satisfied with the result? I defy any man to produce one solitary example of
chicanery or double-dealing in his character or career.
* ********

Three of the policemen were bound over for breaking the alley said to belong to
Dr. Robinson. I did not know who owned that alley, but I have the pleasure of
knowing that those policemen were not there. That will come out on their trial. I
presume the men who swore they saw them there supposed they did. I do not impugn
their testimony. But what was that bowling-alley? Good neighbors testify that they
could not sleep for it. They say it was a nuisance that prevented them from sleeping at
night. It was a gambling house and a liquor hell-hole besides, diametrically opposed to
the city ordinances, and that is within the knowledge of members of this court, to my
knowledge. Then why make a sanctified thing of that ? Why should we turn from
investigating the murder of Dr. Robinson to enquire into religion, and who dipped the
men in the Jordan ?* Why turn from the sacred cause of the duty that we ought to
perform, and go to hunt up something about the Warm Springs to try and make some
political capital ? I am ashamed of the course that has been taken. It is nothing upon
which a man can make political fame. The results can do nothing but increase the
acrimony of party feeling which is a thing I have ever despised. Ever since I have
returned to the city I have labored to put down this acrimonious party spirit which I
found here in the courts and out of the courts. When I came here a man could not be
fined five dollars before the Alderman for being drunk, but the great point had to be
raised whether Great Salt Lake City had any existence. Great Salt Lake City was not

* Judge Stout had reference to certain persons who, for " jumping " lands belonging
to old settlers on the Jordan, had been given a ducking in the river by the irate owners of
the property.

160 HISTORY OF UTAH.

here if some poor scamp got drunk and was fined ten dollars. " What right has this
city to frame ordinances to punish men for being drunk and making disturbance on the
streets!" " You have no city and you never had ; the Legislature cannot make a city!"
*********

Who have sent the men that have committed crime to the penitentiary ? Was it not
Mormons ? Have Gentiles ever been sent there ? Yes; and I am sorry to say many who
call themselves Mormons have also been sent there. But I have no knowledge of any
scoundrel being refused a writ of habeas corpus when he asked for it. I have been told
by men — notorious thieves — that it did not matter what they did, there were certain
judges who would release them. They might steal and be imprisoned ; but a writ of
habeas corpus would bring them out ; and they would again be at liberty to prey upon
the honest and peaceful. Appeal to the records, and see whether I am correct. Ever
since this has been a Territory, judges have been trying to nullify the efforts of the

Legislature.

** *******

Now to show the difference between a "Mormon" and a "Gentile" in the pursuit of
this investigation : A policeman was seen going from the place where the murder was
committed soon after and was suspected. Suspicion was strong ; so much so that he
was to be arrested on the charge. Another man is brought on the stand who was himself
close by the murder and saw it done, he swears ; he avers things that were impossible.
What is the result ? It is said that he must have lied. No one wants him referred to.
He was not a Mormon, "don't have him arrested," notwithstanding a pistol was found on
the street, subsequently, on the way that some of the presumed assassins ran, and
claimed by him. One of the witnesses, a Mormon, swears that he does not know any-
thing aboi't the murder, but that he heard another man, a Gentile, say he knew who did
it. Why was that other man not put in the stand ? It is a very mysterious way, to me,
gentlemen of the jury, of bringing the guilty to light. The whole effort is to make this a

means of raising party spirit, and I enter my solemn protest against any such effort.
*********

About jumping claims I will say a little, for I noticed in the course of the gentleman's
remarks that it was said President Young had declared that if any body jumped onto his
fenced lots he would send them to hell cross-lots.
*********

I have witnessed the settlement of two States — Illinois and Iowa — upon government
lands, and the jumping a claim was always the signal for death. It did not make it right,
but such is the temperament of frail humanity, that when men who have expended their
all on improving public lands to make themselves comfortable homes, see an attempt
being made to wrench it from them, they are apt to retaliate summarily. It was through
Illinois the signal for death, and many a man bit the ground there for it. I hope no such
occurrences will ever happen here. There have been jumping of claims here, and right
within the city, which men in high position have sanctioned and encouraged. 1 thank
God that nothing worse has happened. I hope a conflict never will take place. Prejudice
would rise, party spirit increase, and some body might lose their life. But President
Young says to Jew and Gentile : "Keep off our claims; take up any unoccupied lands in

HISTORY OF UTAH. 161

the Territory and do as we have done — improve upon them. To that no one will have
any objection." He asked the people would they sustain the police and the city
authorities ? and the people said they would ; and that is brought up here to show that he
advises men to acts of violence and law-breaking ! So much for that. Gentlemen of the
jury, in the midst of the party zeal and party spirit, do not forget the assassination of Dr.
Robinson. Let no man cease his endeavors, of enquiries and investigation, using every
effort in his power to discover the perpetrators of the deed.

if:****:**:):***

Let us all abide the law. Let lawyers be good men and try to put down strife. I
have been aided by some of them since I have been here in doing so. Let us cease this
party spirit and find out where the wrong is. Dissolve these combinations for breaking
the law; and when a thief is sent to the penitentiary, let him remain there until his
sentence is fulfilled.

At the close of Mr. Stout's address, Judge Crosby, formerly an
Associate Justice of Utah, who was present at the investigation, took
exception to the sweeping assertion of the City Attorney in relation
to the turning loose of convicts from the Penitentiary. He
acknowledged that while he was acting officially in the Territory one
man had been brought out on a writ of habeas corpus and released.

Governor Weller answered Judge Stout as follows:

I regret that I am called upon to make any reply to the gentleman's strange and
very peculiar speech. I have made no charge, as he intimated, that the police were
implicated in this murder. If I had believed so I would have said so, for I know of no
place on the face of the earth where I dare not speak my honest opinion. I have not
one particle of proof to fasten this murder upon the police of this city, and above all upon
Mr. Heath, whom I regard as one of the most gentlemanly men I have met in the city. I
said I came into this investigation without fear, favor or affection. I have never found
the place where I was afraid to avow the opinions I honestly entertain. If I had been
able during this investigation to fasten this murder upon the city authorities, or prove
that the police were engaged in it, no power, short of the hand of the assassin, could
have prevented me from declaring it here and anywhere. I went into this investigation to
elicit the whole truth. So far as I have called attention to the teachings in your
Tabernacle, it has been to show that those teachings led to bloodshed. I said I had
nothing to do with the customs or religion of your people. If five or six of your females
choose to marry one man, it is none of my business ; but, Sir, I did bring forward
evidence to show that the teachings in the Tabernacle were calculated to induce the
people to take the law into their own hands. You have a right to worship God in your
own manner ; but you have no right to teach the people to lake the law into their own
hands. Was it any attack upon the religion of the people to endeavor to demonstrate
that there are teachings of Mormons calculated to bring about bloodshed and murder ?

11 -VOL. 2.

162 HISTORY OF UTAH.

Sir, I do not forget that I am standing upon American soil, and for the time being under
the protection of the American flag ; and as a lawyer I have a free right to give utterance
to my opinions. I know that some of the jury have been impatient that questions have
been asked here which they deemed irrelevant. I am glad of their advice. Although an
old lawyer of considerable experience in criminal courts, it is never too late to learn,
even from jurors. I have adduced certain testimony to show the public teachings, and
they have culminated in bloodshed.

I have no evidence to charge the police with this murder ; but I do charge them with
want of vigilance. That is my opinion, and I have expressed it. I have said if my
colleague had been assassinated there would have been a greater manifestation of
vigilance on the part of the police. It has been asserted here that I inquired into the
system of polygamy, but I believe I never asked such a question. I simply inquired if
the people were taught to disregard the laws. It has been introduced by the Mayor and
other witnesses, but avoided by me. Gentlemen of the jury, I have no doubt about your
verdict, — that this man was killed by a band of six or seven men unknown to you.
Again I say that I have not a particle of evidence by which I could fasten upon any single
individual that I believe was engaged in this murder. If 1 had, before God I would
have avowed it, for I would speak here as I would speak anywhere, frankly and freely.

The jury then retired to consult upon their verdict. Presented,
it was to the effect that the deceased had come to his death by the
hands of some persons to the jury unknown.

The result of the inquest was far from satisfactory, either to
Mormons or Gentiles. All regarded the murder as a foul and
dastardly deed, but none felt that the investigation had been as
thorough as it should have been, and for that each side blamed the
other. The Gentiles, or most of them, thought that the police had not
been sufficiently energetic in ferreting out the perpetrators of the
crime, and that some of the witnesses — Mormons of course — had
purposely withheld evidence that would have unearthed the
murderers. On the other hand, the Saints believed that the Gentile
lawyers engaged in the investigation, in their anxiety to implicate
none but Mormons, and Mormons high in authority, had refrained
from pressing the inquiry in the direction of a certain person who
possibly might have proved to be the real assassin, or one of several
implicated in the crime. Said the Deseret News, a few days after the
close of the inquest, in an editorial article headed "Pertinent
Queries," an offset to Governor Weller's catechism: "Was there not
one witness — a 'Gentile' — who must have been accessory to the

HISTORY OF UTAH. 163

deed, or who swore to the most outrageous falsehoods? and was
he not allowed to go free with all the circumstances attending his
statements unexplained?" This witness was the owner of the
pistol referred to by Judge Stout in his address. It is said, but with
what truth we know not, that this man, on account of certain
treasonable utterances during the Civil War — he being an ardent
secessionist— had been made to "carry sand" at Camp Douglas at
the time that Dr. Robinson was assistant surgeon at the post, and
that the latter had won the fellow's hatred by causing to be
increased the weight of the sand-bags that he carried. We give the
statement for what it is worth, without vouching for its authenticity.
That the man laid claim to a certain pistol found in the vicinity of
the murder does not appear to have been denied. The Mormons felt
that this matter, trivial as it may have seemed to the Gentile
prosecutors, ought to have been fully ventilated, and because it was
not, and the investigation, according to their view, was "pursued
solely for the purpose of casting responsibility on the community,
and without the least effort to discover the assassins unless it could
be shown that they were Mormons," they were dissatisfied, quite as
much as were the Gentiles, with the result.*

The remains of Dr. Robinson found interment at the Camp
Douglas Cemetery, being followed thither by a large concourse of
mourners.

Much bitterness of feeling was now manifested between the two

*Said the Telegraph, November 10th, 1866: The spirit and animus of Mr.
Weller's carefully prepared and pre-written manuscript are too apparent to need any
characterization from us, and the manly and able exposure of the intent of the same will
ever be an honor to Mr. Stout. As the speech of the latter gentleman was entirely
unpremeditated and only called for on the spur of the moment, by the malignant inuen-
does of Mr. Weller, much that might have been exposed by Mr. Stout was suffered to pass
unnoticed ; he said, however, enough to satisfy any unprejudiced, honest man who had
not witnessed it at the inquest, that the evident object of some of the parties was less to
discover the murderers than to make capital against certain prominent gentlemen in this
community. The design to criminate, if possible, certain high-minded and influential
citizens was but too plainly manifest, the chief exertion of said parties evidently tending
in that direction.

164 HISTORY OF UTAH.

classes of the community. Many Gentiles persisted in the belief,
which they did not hesitate to express, that it -was the purpose of
the Mormons to compel them to leave the Territory, and that the
Brassfield and Robinson murders were events indicating a settled
policy in that direction.* This, the Mormons indignantly denied,
asserting still their innocence as a people of those crimes, and
denouncing as a slander the charge that they were bent upon
compelling a Gentile exodus. That there was a class of men in
the Territory whom the Saints regarded as enemies, and did not
care how soon they departed, was admitted, but that the feeling
against them was due to the fact that they were Gentiles, or
that it arose from any reason that would not have been deemed good
and sufficient and have called forth similar sentiments in any State
or Territory in the Union, was disclaimed. It was true, however, that
so far as that particular class was concerned, the Saints, or their
leaders, had hit upon a plan which they hoped would have the
effect of weakening if not dissolving what they deemed an organized
opposition to the peace and welfare of the community. It was to
boycott such of the Gentile merchants and traders as it was believed
were conspiring against the best interests of the people. The
appended correspondence, between the non-Mormon merchants of
Salt Lake City and President Brigham Young, a few weeks after the
lamentable tragedy last narrated, speaks for itself:

To the Leaders of the Mormon Church,

GENTLEMEN: — As you are instructing the people of Utah, through your Bishops and
missionaries, not to trade or do any business with the Gentile merchants, thereby
intimidating and coercing the community to purchase only of such merchants as belong
to your faith and persuasion, in anticipation of such a crisis being successfully brought
about by your teachings, the undersigned Gentile merchants of Great Salt Lake City
respectfully desire to make you the following proposition, believing it to be your earnest
desire for all to leave the country that do not belong to your faith and creed, namely:
On the fulfillment of the conditions herein named. First — The payment of our out-
standing accounts owing us by members of your church; Secondly — All of our goods,

* Governor Weller, who had taken the lead at the Robinson inquest, was next heard
of at Washington seeking "protection for the Gentiles in Utah."

HISTORY OF UTAH. 165

merchandise, chattels, houses, improvements, etc., to be taken at a cash valuation, and we
to make a deduction of twenty-five per cent, from the total amount. To the fulfillment of
the above we hold ourselves ready at any time to enter into negotiations, and on final
arrangements being made and terms of sale complied with we shall freely leave the
Territory.

Respectfully Yours,

WALKER BROS., GILBERT & SONS,

BODENBURG & KAHN, WlK. SLOAN,

C. PRAG, OF FIRM OF RANSOHOFF & Co., ELLIS & BROS., BY J. M. ELLIS,

J. MEEKS, McGRORTY & HENRY,

SEIGEL BROS., F. AUERBACH & BROS.,

L. COHN & Co., OLIVER DURANT,

KLOPSTOCK & Co., S. LESSER & BROS.,

GLUKSMAN & COHN., JOHN H. McGRATH,

MORSE, WALCOTT Co., WILKINSON & FENN,

J. BAUMAN & Co., I. WATTERS,

MORRIS ELGUTTER, M. B. CALLAHAN,

THOS. D. BROWN & SONS.
GREAT SALT LAKE CITY, Dec. 20, 1866.

PRESIDENT YOUNG'S REPLY.

GENTLEMEN: — Your communication of December 20th, addressed to "The Leaders of
the Mormon Church" was received by me last evening. In reply, I have to say, that we
will not obligate ourselves to collect your outstanding accounts, nor buy your goods,
merchandise, and other articles that you express yourselves willing to sell. If you could
make such sales as you propose, you would make more money than any merchants have
ever done in this country, and we, as merchants, would like to find purchasers upon the
same basis.

Your withdrawal from the Territory is not a matter about which we feel any anxiety :
so far as we are concerned, you are at liberty to stay or go, as you please. We have
used no intimidation or coercion towards the community to have them cease trading with
any person or class, neither do we contemplate using any such means, even could we do
so, to accomplish such an end. What we are doing and intending to do, we are willing
that you and all the world should know.

In the first place, we wish you to distinctly understand that we have not sought to
ostracise any man or body of men because of their not being of our faith. The wealth
that has been accumulated in this Territory from the earliest years of our settlement by
men who were not connected with us religiously, and the success which has attended
their business operations prove this: In business we have not been exclusive in our
dealings, or confined our patronage to those of our own faith. But every man who has
dealt fairly and honestly, and confined his attention to his legitimate business, whatever
his creed has been, has found friendship^ us. To be adverse to Gentiles because they
are Gentiles, or Jews because they are Jews, is in direct opposition to the genius of our
religion. It matters not what a man's creed is, whether he be Catholic, or Episcopalian,

166 HISTORY OF UTAH.

Presbyterian, Methodist, Baptist, Quaker or Jew, he will receive kindness and friendship
from us, and we have not the least objection to doing business with him ; if in his deal-
ings he act in accordance with the principles of right and deport himself as a good, law-
abiding citizen should.

There is a class, however, who are doing business in the Territory, who for years
have been the avowed enemies of this community. The disrupture and overthrow of
the community have been the objects which they have pertinaciously sought to accom-
plish. They have, therefore, used every energy and all the means at their command to
put into circulation the foulest slanders about the old citizens. Missionaries of evil,
there have been no arts too base, no stratagems too vile for them to use to bring about their
nefarious ends. While soliciting the patronage of the people and deriving their support
from them, they have in the most shameless and abandoned manner used the means thus
obtained to destroy the very people whose favor they found it to their interest to court.
With the regularity of the seasons have their plots and schemes been formed : and we
are warranted by facts in saying that, could the heart's blood of the people here be drawn,
and be coined into the means necessary to bring their machinations to a successful issue,
they would not scruple to use it. They have done all in their power to encourage
violations of law, to retard the administrations of justice, to foster vice and vicious
institutions, to oppose the unanimously expressed will of the people, to increase disorder,
and change our city from a condition of peace and quietude to lawlessness and anarchy.
They have donated liberally to sustain a corrupt and venal press, which has given
publicity to the most atrocious libels respecting the old citizens. And have they not had
their emissaries in Washington to misrepresent and vilify the people of this Territory?
Have they not kept liquor, and surreptitiously sold it in violation of law, and
endeavored to bias the minds of the Judiciary to give decisions favorable to their own
practices ? Have they not entered into secret combinations to resist the laws and to
thwart their healthy operations, to refuse to pay their taxes and to give the support to
schools required by law ? What claims can such persons have upon the patronage of
this community, and what community on the earth would be so besotted as to uphold and
foster men whose aim is to destroy them ? Have we not the right to trade at whatever
store we please, or does the Constitution of the United States bind us to enter the stores
of our deadliest enemies and purchase of them ? If so, we should like that provision
pointed out to us. It is to these men whom I have described, and to these alone, that I
am opposed, and I am determined to use my influence to have the citizens here stop
dealing with them and deal with honorable men. There are honorable men enough
in the world with whom we can do business, without being reduced to the necessity
of dealing with the class referred to. I have much more to say upon this subject.

BRIGHAM YOUNG.

GREAT SALT LAKE CITY, Dec. 21st, 1866.

Did the merchants who sent the letter bearing their signatures
to Brigham Young, expect to receive any other sort of an answer
from him? Without impugning their motives in making such a propo-

HISTORY OF UTAH. 167

sition, or his in rejecting it, but accepting each statement as it stands
and crediting both sides with perfect sincerity, we ask was there one
among them who imagined for a moment that the sagacious Mormon
leader would walk into the trap which he doubtless believed was
here set for him? Had he considered favorably the offer of those
merchants and permitted them to make the exodus they proposed,
who cannot see what would have been the result? The money
realized from the purchase of their property, however immense the
sum, would have been nothing compared to the political capital
simultaneously invested to the detriment and perhaps the destruc-
tion of the Mormon people. That Gentiles "could not live in Utah"
was just what the anti-Mormons were asserting, and a general
exodus of Gentiles from the Territory would have given to that false-
hood all the coloring of truth, and sown broadcast the seed of
further prejudice and hostility against the Saints. Brigham Young,
even had he desired all non-Mormons to leave Utah, was too shrewd
to have given his enemies such a terrible advantage over him. A
Gentile exodus was the very thing that he and his people did not
desire, as everything goes to prove.

168 HISTORY OF UTAH.

CHAPTER VIII.
1866-1868.

THE DESERET TELEGRAPH LINE BRIGHAM YOUNG ITS PROJECTOR JOHN C. CLOWES AND THE

PIONEER OPERATORS SUPERINTENDENT MUSSER AND HIS WORK THE UTAH LEGISLATURE

PETITIONS CONGRESS FOR THE REPEAL OF THE ANTI-POLYGAMY ACT DESERET AGAIN SEEKS

ADMISSION INTO THE UNION SENATOR HOWARD'S EXTIRPATION BILL THE NEW YORK

"WORLD" ON THE PROJECTED CRUSADE AGAINST THE MORMONS — CONGRESS DENIES UTAH'S

REQUESTS AND REFUSES TO PASS THE HOWARD BILL MORE GRASSHOPPER RAIDS

SOUTHERN UTAH FLOODS COMPLETION OF THE GREAT TABERNACLE AT SALT LAKE CITY

THE MUDDY MISSION EMIGRATIONAL MATTERS JOURNALISTIC AFFAIRS DEATH OF HEBER

C. KIMBALL GEORGE A. SMITH SUCCEEDS HIM IN THE FIRST PRESIDENCY.

HE year 1866 was notable in Utah for the establishment of
the Deseret Telegraph Line, that electrical Briareus whose
hundred arms and hands now reach and penetrate to every
portion of her domain and to some parts of the adjoining States and
Territories. The project of covering Utah with a network of electric
wires was born at least as early as 1861, the year that witnessed
the completion of the Overland Telegraph Line. Like Minerva from
the brow of Jove, the idea, it is perhaps needless to say, sprang
from that prolific source of practical thought and public-spirited
enterprise, the master mind of Brigham Young.

The need of just such a swift messenger as the telegraph to
enable the Mormon authorities at Salt Lake City to communicate
with and receive messages from their people in the remote settle-
ments, had long been felt, and it is not improbable that it was
among President Young's contemplated projects many years before
the arrival of the Overland Line, which one would naturally suppose
furnished his original idea as well as his cue for action. A mind
that could conceive the thought and even mark out the future route
of a trans-continental railway to the Pacific, at a time when the

HISTORY OF UTAH. 169

great west was terra incognita, not only to the people of the east, but
to the roving trapper and adventurous mountaineer who shared with
the wild beast and still more savage Indian its all but trackless
solitudes, could surely have formed simultaneously with or soon
after the founding of these mountain settlements, the project of
binding them together by means of that mighty agent of civilization,
already in vogue elsewhere, the electric telegraph. And of what
incalculable service it would have been in those early days of
colonizing, emigrating and Indian fighting, preceding the era of its
advent. It is with feelings of unspeakable regret — regret that no
Deseret Telegraph then existed — that one recalls the awful tragedy
at Mountain Meadows, a calamity that would have been averted if
Brigham Young had had at his command in September, 1857, what
he did have ten years later, this lightning messenger, in lieu of a
jaded horseman, to convey to Cedar City his anxious order: "Keep
the Indians from the emigrants at any cost, if it takes all Iron
County to protect them."

As said, the local telegraphic project was born as early as the
year 1861, if not earlier. But active steps toward its establishment
were not taken until four years later. Early in November, 1865, a
circular was sent by President Young to the Bishops and presiding
Elders of the various wards and settlements of the Territory, "from
St. Charles, Richland County,* in the north, to St. George, Washing-
ton County, in the south," calling upon them to unite in the work of
founding the new enterprise. This circular read as follows :

BRETHREN : — The proper time has arrived for us to take the necessary steps to build
the telegraph line to run north and south through the Territory, according to the plan
which has been proposed. The necessity for the speedy construction of this work is
pressing itself upon our attention, and scarcely a week passes that we do not feel the
want of such a line. Occurrences frequently happen in distant settlements which require
to be known immediately in other parts of the Territory ; and, in many instances, public
and private interests suffer through not being able to transmit such news by any quicker
channel than the ordinary mails. We are rapidly spreading abroad and our settlements
extend to a great distance on every hand. We now require to be united by bonds which

* Afterwards changed by legislative enactment to Rich County.

170 HISTORY OF UTAH.

will bring us into more speedy and close communication with one another; the center
should be in a position to communicate at any moment with the extremities, however
remote ; and the extremities be able, with ease and speed, to make their wants and
circumstances known to the center. Instead of depending altogether upon the tardy
operation of the mails for the transmission of information, we should bring into requi-
sition every improvement which our age affords, to facilitate our intercourse and to render
our intercommunication more easy.

These requirements the telegraph will supply, and it is well adapted to our position
and the progress of the age in which we live.

This fall and winter will be a very suitable time to haul and set the poles along the
entire line to carry the wire ; and we wish you to take the proper steps immediately in
your several wards and settlements to have this part of the labor efficiently and entirely
accomplished, so that we may be able to stretch the wire as soon as it can be imported
and put up next season. From settlement to settlement let the men of judgment select
and mark the route for the line to run, so as to have it as straight as possible and yet con-
venient to the road. The poles should be twenty-two feet long, eight inches at the butt
and five inches at the top ; and to be durable they should be stripped of their bark ; and
they should be set seventy yards apart and be put four feet in the ground.

The collecting of the means needed for the purchase of wire has been deferred
until the present time, through the representations of many of the Bishops to the effect
that after harvest the people would be in a better position to advance the money. The
grain is now harvested, and the time suggested as being the most convenient for the col-
lecting of this means has arrived. We wish each one of you to take immediate measures
throughout your various wards to collect the necessary means to purchase your share of
the wire and it should all be paid in by the first of February, 1866. as by that time it will
be needed to send east.

Wherever there is a telegraphic station established along the line there will be one or
two operators needed and every settlement that wishes to have such a station should
select one or two of its most suitable young men and send them to this city this winter,
with sufficient means to go to school to learn the art of telegraphy.

There will be a school kept here all the time for this purpose. And every settlement
which expects to have a station should also make its calculations for purchasing an instru-
ment for operating with, and the acids and all the materials necessary for an office.

The wire, insulators, etc., will probably weigh fifty-five tons, or upwards, and to
bring these articles from the frontiers, teams will have to be sent down from each settle-
ment this spring with the teams which we send down for the poor.

The call met a hearty response. Means were collected, the
line was surveyed, and the labor of getting out poles from the
canyons upon which to string the wires, was immediately begun.
The money collected for the purchase of wire and other parapher-
nalia was sent east in the spring of 1866, and in the fall the wagons
containing the freight arrived in Utah. They were sixty-five in

HISTORY OF UTAH. 171

number and were in charge of Captain Horton D. Haight. He
reached Salt Lake City on the 15th of October.*

The wires being laid where poles had already been erected to
receive them, on the 1st of December, 1866, the Deseret Telegraph
Line was opened between Salt Lake City and Ogden. The first
message was sent by President Young at about five o'clock that after-
noon, and was addressed to President Lorin Farr and Bishop Chauncey
W. West, of Ogden, and " the Saints in the northern country." It
was in the nature of a dedication of the line and a congratulation to
those who had constructed it. On December 8th communication was
opened with Logan, Cache County, and on the 28th with Manti,
Sanpete County. About two weeks later the line reached St. George.
By the middle of January, 1867, five hundred miles of wire had
been laid, at a cost of $150 per mile. Each mile required three
hundred and twenty pounds of wire, costing thirty-five cents per
pound. This, the first circuit of the local line, extended from Cache
Valley in the north to "Dixie" in the south, with a branch line
running through Sanpete Valley. Under the personal supervision
of Mr. John C. Clowes, who was the instructor of the school of
telegraphy at Salt Lake City, offices were opened at all the principal
settlements along the route.f Following is a list of the pioneer
operators of the first circuit of the Deseret Telegraph Line,

* In September of this year there came to Utah two noted Englishmen — Hepworth
Dixon and Charles W. Dilke,— both of whom afterwards published books in which the
Mormons came in for a good share of attention. Dixon's work was entitled "New
America," and Dilke's " Greater Britain." Like the famous English traveler and writer,
Richard F. Burton, who visited Utah in the summer of 1860, and gave to the public the
results of his observations in that interesting volume "The City of the Saints," and the no
less celebrated Frenchman, M. Jules Remy, the naturalist, who in 1855 passed through
the Territory, and " wrote up " the Mormon subject in his " Journey to Great Salt Lake
City," Messrs. Dixon and Dilke in their writings were more or less favorable to the
Saints. Mr. Dilke subsequently became Sir Charles Dilke of recent notoriety.

fMr. Clowes came to Utah in the spring of 1862, soon after the advent of the
Overland Telegraph Line, of which he was one of the original local operators. He was
an expert telegrapher. He joined the Mormon Church and lived at Salt Lake City for
several years, but finally left the Territory and died in the east.

172 HISTORY OF UTAH.

furnished the author by courtesy of William B. Dougall, Esq., the
present Superintendent:

Joseph Goddard, Logan; Peter F. Madsen, Brigham; David E.
Davis, Ogden; Morris Wilkinson, Salt Lake City; Joseph A. West,
Provo; John D. Stark, Payson; William C. A. Bryan, Nephi; Zenos
Pratt, Scipio; Bichard S. Home, Fillmore; Clarence Merrill, Cove
Creek; S. A. Kenner, Beaver; George A. Peart, Kanarra; George H.
Tribe, Toquerville ; A. R. Whitehead, Washington; Robert C. Lund,
St. George; Knud Torgerson, Moroni; Anton H. Lund, Mt. Pleasant;
John H. Hougaard, Manti.

On the 18th of the same month — January, 1867 — was incor-
porated under the laws of Utah the Deseret Telegraph Company.
Its incorporators were Brigham Young, Edward Hunter, A. Milton
Musser, Edwin D. Woolley, Alonzo H. Raleigh, John Sharp, William
Miller, John W. Hess, Andrew J. Moffitt, and Robert Gardner. On
the 21st of the ensuing March the company was organized with the
following named officers :

President, Brigham Young; Vice-President, Daniel H. Wells;
Secretary, William Clayton; Treasurer, George Q. Cannon; Super-
intendent and General Manager, A. M. Musser. These officers were
all members of the board of directors. The remaining members of
the board were Edward Hunter, George A. Smith, A. O. Smoot, A. H.
Raleigh, John Sharp, Joseph A. Young, Erastus Snow and Ezra T.
Benson.

Amos Milton Musser, the man chosen to superintend and
manage the general business of the telegraph line, is well known as
one of Utah's wide awake and most progressive citizens, ever among
the foremost in encouraging and promoting a good cause and
laboring intelligently and energetically in the furtherance of any
enterprise with which he may be connected. His special pride is the
development of Utah. He is by birth a Pennsylvanian, having
been born in Donegal Township, Lancaster County, on the 20th of
May, 1830. He came to Utah in 1851, but from 1852 to 1857
was absent upon a mission as a Mormon Elder to British India.

HISTORY OF UTAH. 173

Before returning he went around the world. Under his superin-
tendency of the Deseret Telegraph Company, which lasted for nine
years, lines were built from St. George, Utah, to Pioche, Nevada;
from Toquerville to Kanab; from Moroni to other settlements of
Sanpete County, including Gunnison; thence up the Sevier River
to Monroe ; from Payson to the Tin tic mines ; from Beaver to the
Star Mining District ; from Salt Lake City to Alta and Bingham ; from
Brigham City to Corinne, and to Logan via Mendon; from Logan
to Franklin and thence to Paris, Idaho.

The line was not expected to be a paying institution, but was
merely to put the capital of Utah in connection with the outlying
settlements, and for social convenience among a fraternal people;
but the extension from St. George to Pioche paid handsomely for
two years and until a competing line from the west was established
at the latter point.*

During the progress of the early portion of these improvements,
and for some time prior to the planting of the first pole of the
Deseret Telegraph Line, an Indian war was raging in southern Utah,
in some of the parts traversed by the telegraphic system. It was
known as the Black Hawk war. The particulars of this, the most
serious trouble with the Indians that the people of the Territory
have ever experienced, will be fully set forth in another chapter.

In January, 1867, the Legislative Assembly memorialized Con-
gress for the repeal of the anti-polygamy act of 1862. The reasons
assigned for the request were: that according to the faith of the
Latter-day Saints plurality of wives was a divine doctrine, as
publicly avowed and proclaimed by the Church ten years before the
passage of said act; that the doctrine had not been adopted for
lustful purposes but from conscientious motives; that the enactment

* Mr. Musser continued to be general manager and one of the directors of the Deseret
Telegraph Company until the fall of 1876, when duty again called him from the Territory
for a season. He subsequently was the first to introduce the telephone into Utah and
operated several local lines until the Bell and other telephone companies consolidated and
a local company was incorporated. He also introduced the first phonograph.

174 HISTORY OF UTAH.

of the law whose repeal was desired was due, it was believed, to
misrepresentation and prejudice, which the people of Utah had
deplored and exerted themselves to the utmost to remove; that the
Judiciary of the Territory had not tried any case under the
anti-polygamy law, though repeatedly urged to do so by those who
were anxious to test its constitutionality ; that the Judges of the
District Courts had felt obliged by said law to refuse naturalization
papers to certain applicants ; that the memorialists had ever been
firm and loyal supporters of the Constitution of the United States,
which they believed was contravened by the act of 1862, which was
not only ex post facto in its nature, but violative of the first amend-
ment to the Constitution, forbidding Congress to make any law
respecting an establishment of religion or prohibiting the free
exercise thereof. The memorial stated that the Territory, as the
fruit of plural marriages, had enjoyed an unexampled immunity
from the vices of prostitution and its kindred evils, and for all these
reasons Congress was asked to grant the prayer of the memorial,
leave the people free to exercise their religion and its ordinances,
and thus promote the peace and welfare of the country and frown
down the insidious attempts that were being made to array the
inhabitants of one section against those of another, because of
differences in religious belief.

An act was also passed by the Legislature providing for a
special election to be held on the first Monday in February. At that
election was to be chosen a delegate to the House of Representatives
for the fortieth Congress. The delegate for the forty-first Congress
was to be elected at the general election on the first Monday of
August, 1868, and biennially thereafter. Thus the election for dele-
gate, which, since the year 1851, had taken place in the odd years —
1853, 1855, 1857, 1859, 1861, 1863 and 1865— was made to fall upon
the even years, to conform to the custom prevalent throughout the
nation. At the same time a Representative to Congress for the State
of Deseret was to be chosen, and the Constitution of the State, as
amended, to be voted upon by the people. The principal amendment

HISTORY OF UTAH. 175

proposed was in Article 1, fixing the western boundary of the State
at the 37th meridian of longitude west from Washington, or the
114th meridian of longitude west from Greenwich, to agree with the
western boundary of the Territory since the taking by Congress, in
1866, of another slice of Utah's domain to appease the insatiate
appetite of Nevada.* All this was preparatory to another effort
about to be made to secure the admission of Deseret into the Union.
The election took place on the day appointed, between fifteen and
sixteen thousand votes being cast. The amended Constitution of
Deseret was adopted, and Hon. Willian H. Hooper was re-elected
delegate to Congress, and chosen also Representative for the State of
Deseret. The memorials for the repeal of the anti-polygamy act and
the admission of Deseret into the Union, were soon afterwards con-
veyed to Washington.

At this very time there was pending in Congress a bill intro-
duced by Senator Howard for the extirpation of polygamy in
Utah, and a crusade against the Mormon people was projected.
Doubtless this was partly due to the efforts of local anti-Mormons —
those whom the Saints styled "regenerators" — who, soon after the
inquest following the murder of Dr. Robinson, had sent Governor
Weller to Washington to work up an anti-Mormon sentiment and
"seek protection for Gentiles in Utah."

The New York World, on the 8th of January of that year,
expressed its views in relation to the proposed crusade as follows :
"We hope the bill for the extirpation of polygamy in Utah will not
pass. It could not be enforced without a Mormon war, and under
present circumstances a Mormon war would be a prodigal squan-
dering of the national resources. When, some ten years ago, Colonel
Steptoe [Colonel Johnston] was sent against the Mormons at the

* There was considerable talk at this time of annexing Utah to Nevada, under
conditions that would insure Gentile control of the commonwealth. Nevada, all but
bankrupt in spite of her gold and silver mines, was called a " starveling state " by her
own citizens, while Utah, with her sound agricultural basis, was prosperous, free from
debt, and had about four times the population of her neighbor.

176 HISTORY OF UTAH.

head of a military force, the only good that came of it was to enrich
a set of western speculators who got lucrative .contracts for supply-
ing the expedition with horses, mules, wagons, harness, flour, pork,
blankets, etc. We do not impugn Senator

Howard's motives. He belongs to the party of fanatics who burn
with holy zeal against evils at a distance; a party that would cut
down forests and exhaust coal mines to thaw out the Hudson River
in the month of March, when the advance of the sun into the
northern constellations would surely unlock the fetters of ice about
the beginning of April. It is stupidity run mad to

attempt to accomplish by enormous, wasteful expenditures what will
be more effectually accomplished by the growth of our western set-
tlements. Even if polygamy should, at last, have to be put down by
force, this is no time to begin a crusade. The Pacific Railroad is
stretching its track across the continent. Until its completion it is
fortunate that there is a thriving community in the heart of the
wilderness, where the overland caravans can stop and refresh and
procure new supplies of provisions. To interrupt the industry of
Utah and convert the Territory into a camp ; to drive the Mormons
and their wives to the mountain fastnesses and make their settle-
ments a desolation, would not extinguish polygamy, but it would put
back and retard civilization in that remote interior. The existence
of Utah with its busy industries is an important aid to the settle-
ment of the vast circumjacent region. If our
government will exercise a little foresight, if it will practice a wise
and masterly inactivity, the Mormon problem will solve itself.
It will rapidly decline under the influences brought to
bear upon it by the completion of the Pacific Railroad.
It is never wise to attempt by legislation and arms, reforms which
time and social forces are certain to bring about."

The Mormons found very little fault with the logic of this article
in the World. While differing with its author in some of his
premises and conclusions, they could not but admire his courage and
good sense. Said the Deseret News, commenting on the article,

HISTORY OF UTAH. 177

which it presented in full to its readers: '"The projected crusade
against the Mormons' is unwise and impolitic for other and graver
reasons than those announced by the World. It would be an
attempt to destroy the rights and liberties of a happy, prosperous,
industrious and loyal community; it would be in open violation of
the Constitution, the palladium of the rights and liberties of the
nation. And if these things were done with the

Mormons, sound statesmanship should ask the question, Would they
stop there? or would they not extend to every section of the country
as fast as any portion thereof became obnoxious to an opposite party
who might possess the reins of power. * * * We can
present an easier method of solving the 'Mormon problem' than that
of Senator Howard or the writer in the World; — and that is, to let
the industry of the Mormons continue to develop itself; give them
the right of self-government and relieve them from a Territorial
tutelage which they have overgrown ; watch the growth of virtue,
wisdom and correct principles of government in their midst; and see
if they do not present a picture of prosperity, peace, united effort and
happiness such as the dissension-torn states and nations of the earth
could pattern after with profit. * * Give us the State

government which we are now petitioning for; let us develop that
which has been called by philosophers 'the greatest social problem
of the age' in peace, and see if the sequel will not justify all our
arguments in its favor. By giving us the State government which
we crave, and have the most indubitable right to seek for, we will
take the trouble off the hands of those who are concerned about our
peace and prosperity, and try to live at least as virtuously and
righteously as they do in other states."

But Congress did not give the State government asked for; nor
was the anti-polygamy act repealed ; nor did the Howard extirpation
bill become law. A crusade against the Mormons was soon to begin,
and was destined to continue, with brief intermissions, for a period
of many years; but no new legislation preceded it, though much was
threatened; and the Federal courts, and not the mountain fast-

12-VOL. 2.

178 HISTORY OF UTAH.

nesses, became the battle-ground of the great contest, which was
fought out with laws, arguments and judicial rulings in lieu of
swords and bayonets.

During the summer of 1867, Utah Avas afflicted with another
grasshopper visitation. These pests, it will be remembered, made
their first appearance in the Territory as an agency of destruction in
the summer of 1854, and came again during the year following.
For more than a decade they then disappeared, or were only
seen in certain places, and in numbers not considered formidable.
But now with appetite fierce and relentless they settled down
in countless swarms upon the ripening fields, budding orchards
and green meadows, devouring everything edible in their way.
They would bite sharply whatever they chanced to alight upon,
whether animate or inanimate, the pain inflicted by one of them
being almost equal to the sting of a bee. In places they fairly
carpeted with their bodies the sidewalks, streets, and door-yards of
dwellings, shaving off the grass, where any might be growing, as
cleanly as a barber's razor the cheek and chin of the most exacting
customer. They did great damage to crops and vegetation in general
throughout the Territory. They left very few leaves upon the trees,
and even ate the tender bark of the season's twigs. In some
instances they actually fell upon and devoured each other. And yet
their coming that year was but the initial of a series of visitations
extending through several successive seasons. In 1868, the people,
as at the time of the cricket plague, made organized warfare upon
the marauders. In 1869, only Cache, Washington, Kane and Iron
counties suffered at all seriously, while other parts of the Territory
escaped and gathered abundant crops. The grasshoppers continued
their destructive raids until well along into the "seventies," when
they disappeared, be it hoped, forever.

Other calamities of the year 1867 were the floods in southern
Utah. In the month of December, Millersburg and other small
towns on the Rio Virgen, and others on the Santa Clara, were almost
totally destroyed. Owing to heavy rains, the rivers and streams in

HISTORY OF UTAH. 179

various parts of the Territory were swollen far beyond their usual
volume. Salt Lake City, during 1866, had provided against the
danger of floods in City Creek, by constructing the rock aqueduct on
North Temple Street, through which the waste waters of that stream
now reach the Jordan.

In October, 1867, was completed, — so far at least as to enable
the general conference held that month to convene beneath its ample
roof, — the famous Mormon Tabernacle at Salt Lake City. This
unique edifice, which stands a little west of and upon the same
block as the great Temple now nearing completion, had been in
course of construction since July, 1864. Unlike the Temple, it is not
a handsome building if viewed from the outside. Like the Salt Lake
Theater, in order to be appreciated it must be seen from the interior.
The Tabernacle is a vast dome elliptical in form, resting upon forty-
four buttresses of solid masonry. Between these buttresses, which
are of red sandstone, three by nine feet in thickness arid width,
and from fourteen to twenty feet high, are twenty doors, most of
them nine feet wide and all opening outward, affording speedy egress
from the spacious interior. The building is two hundred and fifty
feet long and one hundred and fifty feet wide; the immense roof, the
ceiling of which is nearly seventy feet from the floor, being arched
without a pillar; making it, with one exception, the largest self-support-
ing arch in America. The full height of the structure is eighty feet.
The seating capacity of the Tabernacle is nearly ten thousand, includ-
ing the grand gallery, nearly five hundred feet long by thirty feet wide,
running around three sides of the auditorium. The gallery, however,
was not finished at the time of the opening. The organ, — which,
when built, was the largest one constructed in America, — stands at
the west end of the hall a little back of the pulpit, or pulpits,—
for there are three comprised in the stand; the highest being
for the First Presidency, the next for the Twelve Apostles, the
Patriarch of the Church and the Presidency of the Stake, and the
third for the First Seven Presidents of Seventies and the Presidency
of the High Priests' quorum. There is also a fourth place— the

180 HISTORY OF UTAH.

sacramental stand — occupied by the Presiding Bishopric and their
assistants. From this stand, on the Sabbath, 'is administered the
sacrament of the Lord's Supper. Upon platforms on either side of
these pulpits are seats for the Seventies, High Priests, ward
Bishoprics and the Priesthood generally. Immediately back of the
pulpits, on each side and in front of the organ, are the seats of the
choir, rising tier above tier almost to the ceiling and blending with
the two extremes of the horse-shoe composing the gallery. The
body of the organ is forty feet high, thirty-three feet wide, and
thirty feet deep, and its front towers have an altitude of forty-eight
feet. Technically speaking it contains four full organs, and is
provided with sixty-seven stops, including the pedals. Its opening
music was given through seven hundred mouths, but the number of
pipes has since been increased to between twenty-six and twenty-
seven hundred, ranging in length from two inches to thirty-two feet.
The Tabernacle has an accomplished organist in the person of Professor
Joseph J. Daynes. The choir leader for many years was Professor
George Careless, whose wife, the late Mrs. Lavinia Careless, was in
her lifetime Utah's leading soprano. Professor Careless was suc-
ceeded as choir leader by Ebenezer Beesley, and he by the present
leader, Evan Stephens, a musical genius. The organ is composed
entirely of Utah timber, and was designed and built by Utah talent.
Its builder was Joseph H. Ridges. The architect of the Tabernacle,
under Brigham Young, was Henry Grow, who also had charge of its
construction. It is heated with steam and lighted with gas and elec-
tricity, and at night when its three hundred jets are all aglare, bath-
ing in radiance the variegated costumes of one of its vast congrega-
tions, the interior presents a brilliant and bewilderingly beautiful
appearance. The acoustic properties of the building are a marvel.
A pin dropped at one end of the hall, can be heard distinctly, when
all is still, at the other end, over two hundred feet away. This is
owing to the concave ceiling. When the place is thronged, however,
it requires a good pair of lungs and a clear enunciation to make a
speaker intelligible in every part.

, Whams

HISTORY OF UTAH.

181

On the 8th of October, during the first conference that convened
in the great Tabernacle, Joseph F. Smith was called to the Apostle-
ship, to fill a vacancy caused by the apostasy of Amasa M. Lyman.
This is that same Joseph F. Smith who is now one of the First Pres-
idency of the Mormon Church, and whose birth at Far West, Cald-
well County, Missouri, in 1838, and his emigration to Utah in 1848,
have been noted in previous chapters. At this conference also, a
large number of missionaries were called to go with their families
and strengthen the settlements of southern Utah. This was the
origin of the famous "Muddy Mission." The names of those called
to go south — most of whom responded, and a few of whom were
already there — were as follows :

William H. Seegmiller,
Adam F. Seegmiller,
Thurston Simpson,
Samuel Riter,
Oscar B. Young,
E. M. Weiler,
Alma Cunningham,
George B. Spencer,
George W. Grant,
Isaac Young,
John G. Young,
Charles Alley,
Oliver Free,
George Milan,
Miles P. Romney,
William Gibson,
David Gibson,
George D. Watt, Jr.,
Orson P. Miles,
E. H. Harrington,
Zabriskie Young,
John Whitney,
E. G. Woolley,
Edwin D. Woolley, Jr.,
Robert N. Russel,
Edwin Frost,
Morris Wilkinson,
Joseph H. Felt,

Moroni Reese,
Ashton Nebeker.

John Wood,
Wood,

Guilellmo G. R. San Giovanni, William T. Cromar,

Wilford Woodruff, Jr.,
Charles J. Toone,
Clements R. Horsley,
John Sharp, Jr.,
Daniel McRae,
Israel Barlow, Jr.
Milton H. Davis,
Ward E. Pack,
Joseph A. Peck,
W. J. F. McAllister,
Hyrum P. Folsom,
Charles Crismon. Jr.,
Charles E. Taylor,
Willis Darwin Fuller,
Revilo Fuller,
Edward A. Stevenson,
Levi Stewart, Jr.,
Joseph U. Eldredge,
Helaman Pratt,
George J. Taylor,
Edmund Ellsworth, Jr.,
David R. Lewis,
Robert Watson, Jr.,
Matthew Lyon,
Richard S. Home,

John F. Cahoon,
William M. Cahoon,
Albert Merrill, Jr.
Clarence Merrill,
Franklin Merrill,
Joseph Kesler,
Ephraim Scott,
Robert Smithies,
Emerson D. Shurtliff,
Harrison T. Shurtliff,
Samuel H. Woolley,
George Stringham,
Benjamin J. Stringham,
Nathaniel Ashby,
Richard H. Ashby,
John Reese,
William Calder,
Joseph Hyde,
Albert P. Dewey,
Joseph S. Murdock,
Andrew Taysutti,
Samuel Hamer,
John Paul,
John S. Haslam,
Joseph E. S. Russel,

182

HISTORY OF UTAH.

John G. Clark,
Aaron Nelson,
Samuel Malin,
Peter Beckslrom,
Charles J. Lambert,
Pleasant S. Bradford,
John Eardley,
Scipio A. Kenner,
Samuel F. Atwood,
George Tribe,
Manly Barrows,
Alfred Randall, Jr.,
Richard Morris,
Smith Thurston,
David Milne,
John Heiner,
Joseph Asay, Sen.,
Walter C. Brown,
Edwin Asay,
Joseph H. King,
Isaac Asay,
Elijah Fuller,
Joseph Asay, Jr.,
Homer Roberts,
Henry George,

Milton 0. Turnbow,
Christopher Hurlbert,
William H. Streeper,

McConnel,

James Fogg,
James Hansen.
David 0. Rideout,
Christian Christensen,
Wm. H. Staker,
Amasa Mikesell,
Richard Carlisle,
Edward Pugh,
James Hague, Jr.
John Gregory,
Mark Burgess,
Warren Hardie,
William Miller,
Abraham A. Kimball,
Ethan Burrows,
Henry P. Houtz,
John I. Lamb,
W. M. Rydalch,
Erastus F. Hall,
Thomas G. Lewis,
Wm. Heber Clayton,

Arthur Vickey,
Edgelbert Olsen,
Duncan Spears Casper,
William W. Casper,
William Casto,
W. D. Parks,
William J. Spencer,
Ludwig Suhrke,
Ephraim T. Williams,
Daniel Daniels,
Abinadi Pratt,
Edward Cox, Jr.,
John S. Gressman,
Walter Conrad,
Jasper Conrad,
James K. Baldwin,
James L. Bess,
William H. Bess,
William Wood,
James L. Tibbetts,
Preston A. Blair,
Henry Horsley,
Albert Keats,
Charles M. Johnson.

The following named Elders were also called to go on preaching
missions : Jesse W. Crosby, Jesse W. Crosby, Jr., George Crosby,
John D. Holladay, Wm. C. A. Smoot, Jesse Murphy and David M.
Stuart.

Several new settlements were formed in what is now south-
eastern Nevada by those who went to "the Muddy," but most of
these settlements, owing to the excessive heat and unhealthy
climate, added to heavy taxation imposed by the Nevadans, were
afterwards abandoned. Among them were St. Joseph, St. Thomas
and Overton. Those who founded them were not aware at
the time that they were in Nevada, but supposed themselves inside
the Utah line. "But we knew where we were," said one of them,
"as soon as the tax collector came around." Panacea, Lincoln
County, Nevada, was founded about the same time as the other

HISTORY OF UTAH. 183

places named, and is still a Mormon settlement. It is situated in
Meadow Valley, twelve miles south-east of Pioche, ninety miles from
St. George, Utah, and one hundred and ten miles from Milford, the
nearest railway station. There are several other small Mormon
settlements in that part of Nevada.

An extra effort was made by the Latter-day Saints in the fall of
1867, to raise means to emigrate their poor from Great Britain and
other lands. Ever since the settlement of the Saints in the Rocky
Mountains each season had added its quota of gathered converts
to their ranks, but there were times when "a longer and a stronger
pull" was made by the Church, through the Perpetual Emigrating
Fund, to bring its scattered members to "Zion." The fall conference
of 1867 was such a time. In the following February Elders Hiram
B. Clawson and William C. Staines, who had been appointed Church
emigration agents, left for the east with $27,000, to be used for the
gathering of the poor. During the year about $70,000 was raised
for the same purpose. The Church teams, sent to the terminus of
the Union Pacific Railway — then at Cheyenne — to meet and bring
the immigration of 1868, left Salt Lake City in June of that year.*
These teams were about five hundred in number, and were in charge
of Captains Edward T. Mumford, Joseph S. Rawlins, John G.
Holman, William S. Seeley, John R. Murdock, Daniel D. McArthur,
John Gillespie, Horton D. Haight, Chester Loveland and Simpson M.
Molen.

Some important changes in the field of local journalism occurred
about this time. Utah for several years had had two daily papers —
the Telegraph and the Vedette — which waged incessant and spirited
warfare against each other; the former being the secular champion
of the Mormon people, and the latter the organ of the so-called
"Regenerators." In November, 1867, the first number of the

* Salt Lake City, and not Great Salt Lake City, was now the name of the metropolis
of Utah. The title had been amended by legislative enactment on the 29th of January,
1868 ; Great Salt Lake County being abbreviated in like manner at the same time. An
act approved on the same day changed the title of Richland County to Rich County.

184 HISTORY OF UTAH.

Deseret Evening News appeared. Prior to this that journal had been
conducted as a weekly and semi-weekly. George Q. Cannon, one of
the ablest journalists that Utah has ever had, was the editor of the
Evening News. Mr. Cannon had already founded, in January, 1866,
his now flourishing magazine, The Juvenile Instructor. Early in
1868, the first number of " Our Dixie Times," was issued. It was a
small weekly, edited and published by Joseph E. Johnson, at St.
George, Washington County. In the following May it changed its
name to the Rio Virgen Times. In January of this year the Utah
Magazine, a monthly, began to be published at Salt Lake City. Its
proprietors were William S. Godbe and E. L. T. Harrison ; the latter
being the editor. Mr. Harrison and his friend Edward W. Tullidge
had previously embarked in a similar literary enterprise, which,
however, was not destined to survive the period of its infancy. As
early as October, 1864, they published the Peep o' Day, a magazine
of science, literature and art, — probably the first of its kind published
west of the Missouri River. The humble sanctum of these, our
pioneer magazine editors, — and they are among the ablest and best
known of Utah's literati, — was in the Twentieth Ward, Salt Lake City,
but the Peep o' Day was printed at the Vedette office, Camp Douglas.
It expired almost at its inception and was eventually succeeded by
the Utah Magazine. Nor should a bright little sheet called The
Curtain, edited by E. L. Sloan, be forgotten. It was gratuitously
circulated, and was published in the interests of the Salt Lake
Theater. The Curtain and The Juvenile Instructor share the distinc-
tion of being the first publications in Utah to employ women as
compositors. Among the earliest of these were Misses Rosina M.
Cannon, Eliza Foreman and Vienna Pratt.

On the 22nd of June, 1868, at his home in Salt Lake City, died
Heber C. Kimball, the second of the first Three Presidents of the
Church of Jesus Christ of Latter-day Saints, and one of the most
remarkable characters that Mormonism has produced. A brief
sketch of the earlier portion of his life was given in Volume One of
this history, and his record from that time has been more or less

HISTORY OF UTAH. 185

interwoven with the general narrative hitherto pursued. His event-
ful, honorable, and in many respects peculiar career has been fully
portrayed in the author's " Life of Heber C. Kimball." He stood as
a strong and towering pillar in the midst of his people, and though
"a diamond in the rough," unpolished save by the attrition of
Nature's school, the university of experience, in native intelligence,
in spiritual and prophetic power, he shone among the brightest of
his compeers. His was an original nature, replete with eccentricity.
Sometimes severe, especially when rebuking what he deemed to be
wrong, he was nevertheless generous, charitable and philanthropic.
At times pensive and melancholy, and at other times bubbling over
with mirth, his philosophic wisdom and quaint humor found vent
on all occasions. Though no rhetorician, except for an occasional
happy phrasing, he was full of poetic sentiment and imagery, a very
fountain of prophecy, and seldom if ever failed to edify and hold the
attention of his hearers. Physically no less than spiritually he
loomed a stalwart among his fellows; a man of sublime courage, of
unfaltering faith and strict honesty of heart and purpose. Even the
Gentiles, as a rule, esteemed him, while among his own people, next
to Joseph and Hyrum Smith and Brigham Young, no name is more
revered than that of Heber C. Kimball.

His death — at the age of sixty-seven — was superinduced by a
serious fall, he having been accidentally thrown from his carriage a
few weeks previously. Paralysis ensued, and the end soon came.
The obsequies of President Kimball were held in the large Tabernacle
on Wednesday, the 24th of June. Throughout the city and Territory
flags were draped and hung at half mast, in honor of the noble
dead, and on all sides and among all classes sincerest sentiments of
sorrow and esteem were. freely expressed. It rained heavily, but
fully eight thousand people, including prominent men from all parts
of Utah, assembled to witness or take part in the funeral services.
The speakers were Apostles John Taylor, George A. Smith, George Q.
Cannon, President Daniel H. Wells and President Brigham Young.
The remains, followed by a vast concourse, were conveyed to

186 HISTORY OF UTAH.

President Kimball's private cemetery, where they were laid to rest
beside those of his wife Vilate, who had preceded him into the spirit
world only eight months before. A handsome marble shaft still
marks the spot where reposes the sacred dust of him above whose
bier it was said by his leader and life-long friend, Brigham Young:
"He was a man of as much integrity, I presume, as any man who
ever lived. I have been personally acquainted with him forty three
years, and I can testify that he has been a man of truth, a man of
benevolence, a man that was to be trusted."

Heber C. Kimball's successor in the First Presidency was George
A. Smith, one of the Twelve Apostles. He was chosen First Coun-
selor to President Young at the general conference of the Church,
October 6th, 1868, and the vacancy thus created in the council of
" the Twelve," was filled at the same time by the calling of Brigham
Young, Jr., to the Apostleship.

HISTORY OF UTAH. 187

CHAPTER IX.

1865-1869.

THE BLACK HAWK WAR INCIDENTS OF THE INDIAN CAMPAIGNS BARNEY WARD KILLED MAS-
SACRE OF THE GIVEN FAMILY COLONEL IRISH TREATS WITH THE FRIENDLY TRIBES GENERAL

SNOW'S FIGHTS WITH THE HOSTILES THE ATTACK ON FORT EPHRAIM THE BERRY FAMILY

KILLED TREACHERY AND DEATH OF THE CHIEF SANPITCH COLONEL HEAD SUCCEEDS COLONEL

IRISH AS INDIAN SUPERINTENDENT THE UNITED STATES MILITARY AUTHORITIES REFUSE TO AID

THE SETTLERS AGAINST THE SAVAGES "THE MILITIA MUST COMPEL THE INDIANS TO BEHAVE"

THE TERRITORIAL TROOPS TAKE THE FIELD GENERAL PACE ENCOUNTERS BLACK HAWK AT

GRAVELLY FORD THE INDIANS PURSUED INTO THE DESERT A TOILSOME AND FRUITLESS

CHASE THE THISTLE VALLEY FIGHT ATTACK ON THE LEE RANCH, NEAR BEAVER HEROIC

AND SUCCESSFUL RESISTANCE OF THE BESIEGED — THE NAVAJO INCURSION — DEATH OF MAJOR

VANCE AND SERGEANT HOUTZ MORE FIGHTING IN SANPETE STATUS OF THE MILITIA AND COST

OF THE WAR THE NATION'S DEBT TO THE TERRITORY UNPAID THE WADE BILL END OF THE

BLACK HAWK WAR.

'HE drunken act of a resident of Sanpete County, who at Manti
on the 9th of April, 1865, insulted an Indian chief by rudely
pulling him off his horse, precipitated a desultory but san-
guinary conflict with the savages that lasted during several seasons
and is known in Territorial history as the Black Hawk war. The
restless chieftain of that name had gathered around him a band of
turbulent spirits, principally Utes, and had prosecuted a series of
lively raids upon the herds of the settlers in Sanpete, Sevier and
adjacent counties. The success of his forays, and the fact that no
organized retaliation was attempted by the whites, caused rapid
additions to his following; and as his visitations increased in fre-
quency and boldness, a feeling of genuine alarm began to oppress
the scattered and ill-protected people.

The Indian agent in Sanpete at the time was Fred J. Kiesel —
since mayor of Ogden — whose prudence in withholding the supply
of powder and lead from the savages and giving it to the settlers,

188 HISTORY OF UTAH.

helped the prospect somewhat; but the situation was very strained,
and the witnesses to the indignity offered the chief at Manti, as
already noted, felt that the affront had furnished the spark to kindle
the Indian vengeance into full fury. Learning later in the evening
that a raid was contemplated upon the cattle of the settlement, a
small body of horsemen started for the feeding grounds. Early next
day they encountered the Indians, who opened fire, killed a young
man named Peter Ludvigsen, put his comrades to flight, mutilated
his body, and then made off with a herd of stock. Hostilities now
being formally opened, the victorious band broke for the mountains
to the southeast. Near Salina, Sevier County, on the same day, they
killed and scalped two men, one being the veteran Barney Ward, the
other a Mr. Lambson, and drove off a large number of stock into the
adjoining canyon. A company of cavalry was quickly mustered into
service and under Colonel Allred started in pursuit; but having
chased the savages ten miles into the mountains, they were com-
pelled on the 12th to retire before the deadly fire of the ambushed
foe, with the loss of two men killed, Jens Sorensen and William
Kearns, and two wounded. Reinforcements having been received,
another advance was ordered two or three days later, when the
bodies of the two militia men were recovered and the Indians were
pursued into the rugged country between Fish Lake and Grand River.
A spirited engagement took place and the Indians were repulsed with
heavy loss.

The salutary effect of this punishment was not enduring, how-
ever, and in the latter part of May another descent was made upon
the Sanpete settlers. On the evening of the 25th Jens Larsen was
shot and killed while gathering up liis sheep about four miles north
of Fairview. Between daylight and sunrise of the 26th, the same
murderous band attacked John Given and family who had moved up
Spanish Fork Canyon into Thistle Valley and intended locating there
for the summer. Besides Given and his wife, the party consisted of
his son John, aged nineteen, his daughters Mary, Annie and Martha,
aged respectively nine, five and three years, and two men named

HISTORY OF UTAH. 189

Leah and Brown. All were sleeping in a hut constructed of willows,
Leah and Brown being in a wagon-box at one end. The former was
awakened by hearing the cattle running wildly down the canyon, and
shortly thereafter the firing of the Indians through the brush of the
hut apprised him- of the cause of the alarm. To their concealed
position in the wagon-box the two men owed their escape. The
other occupants of the hut were speedily killed, the bloodthirsty
Indians completing with arrows and tomahawks the work which
their first volley had begun. Quickly gathering up the flour, axes
and guns of their victims, they surrounded a herd of stock, and
after killing the calves, drove off between one and two hundred head
of horses and cattle into the mountains. Three days later, the 29th,
David H. Jones, a member of the Mormon Battalion, was killed about
three miles northwest of Fairview by a remnant of the same band.
Colonel 0. H. Irish, Superintendent of Indian Affairs, had
previously called upon Governor Doty and he had asked the military
authorities at Fort Douglas for assistance in repelling these attacks
and protecting the settlements. But he was brusquely informed by
the commandant at the Fort that the settlers must take care of
themselves — the California volunteers had no other duty than to
protect the overland mail route. Steps were accordingly taken to
muster a few companies of cavalry in the southern counties, and
Superintendent Irish promply proceeded to conclude a treaty with
such of the Indian chiefs as appeared friendly. The personal
influence of President Young contributed materially to his success
in this direction ; and at a meeting held at the Spanish Fork reserva-
tion farm on the 8th of June, at which speeches were made by
Colonel Irish, President Young and others of the whites, and by
Kanosh, Sowiette, Sanpitch and Tabby in behalf of the Indians, the
treaty was accepted and the chiefs announced their willingness to
sign it. Next day another meeting was held, more speeches were
made, and fifteen chiefs attached their signatures to the treaty;
Sanpitch, a brother of Walker and Arapeen, of earlier notoriety,
alone refusing to sign. He relented, however, a few days later,

190 HISTORY OF UTAH.

probably being urged thereto by the generous presents distributed
among his associates. By the terms of this treaty the Indians
promised to move to Uintah. Valley within one year from the
ratification of the agreement, giving up their title to the lands they
were then occupying. They were required to be peaceful and not go
to war with other tribes except in self-defense, nor to steal from or
molest the whites. They were to assist in cultivating the reservation
lands and to send their children to the schools established for them.
On its part the United States government promised to extend its
protection to them; farms were to be laid out, grist and lumber mills
built, schools established, houses furnished and annuities paid to the
principal chiefs: and to the tribes $25,000 annually for the first ten
years, $20,000 annually for the next twenty years, and $15,000
annually for thirty years thereafter were to be distributed. The
Indians were also to be permitted to hunt, dig roots and gather
berries on all unoccupied lands, to fish in their accustomed places,
and erect houses for the purpose of curing their fish. On the 18th of
September of the same year Colonel Irish successfully negotiated a
similar treaty with the Piede Indians at Pinto, Washington County.
Meanwhile the hostiles were not inactive, and notwithstanding
the vigilance of the settlers and the militia, frequent raids and
occasional murders were still perpetrated. Some of the smaller
settlements were entirely deserted, and the herds of stock which had
formerly ranged freely over the mountains' grassy sides were
collected in the valleys near the larger villages where they could be
closely watched. Lurking in the adjacent fastnesses the Indians
would swoop down in the night time or at an unexpected moment,
and almost before the startled settlers were aware, or before the local
home guard could be collected to repel the sally, the bold marauders
would be safe from pursuit in the rugged country through whose
passes and defiles they successfully drove their stolen cattle. The
season's work yielded them as plunder two thousand head of cattle
and horses; in obtaining which they had killed, either by massacre
or in fight, between thirty and forty whites, including men, women

HISTORY OF UTAH. 191

and children. Black Hawk's own numbers in the beginning had not
exceeded two or three score warriors; but his successes gave prestige
to his name and strength to his following, so that although he lost
about forty braves during the campaign, his force at the end exceeded
a hundred men, and when he retired for the winter toward the
Colorado River he had beef and horses for all who wished to join
him. Other raids during the year 1865, besides those mentioned, were
made near Salina, Sevier County, on the 14th of July, when Robert
Gillespie and his companion, a man named Robinson, were killed;
and at Glenwood, in the same county, July 26th, when a man named
Staley was killed and all the stock of the settlement driven off.
Between these two incursions, General Warren S. Snow with two
companies of cavalry pursued a party of hostiles into the mountains
east of Sanpete Valley, and killed fourteen of them, following the
remainder of the band toward Grand River until his own command
was well-nigh exhausted by the long marches and incidental priva-
tions. The same officer fought a sharp battle with another band
near Fish Lake on the 21st of September, killing seven and routing
the survivors. Himself and two of his men where wounded in the
encounter. The last important raid of the year was made upon Fort
Ephraim, Sanpete County, on the 17th of October, when Morten P.
Kuhre and wife, a girl of seventeen named Elizabeth Petersen,
William Thorpe, Soren N. Jespersen, Benjamin J. Black and William
T. Kite were killed, two men seriously wounded and two hundred
head of stock stolen.* Two or three minor visitations, in which the
enemy drove off a number of horses and cattle, concluded the season's
operations, and the snows in the mountains having compelled the
Indians to seek winter quarters, the settlers were able to venture
into the canyons for their supply of winter's wood.

Spring generally comes early in the extreme southern part of

*In one of the raids on Ephraim, Bernard Snow, the veteran actor, who was build-
ing a mill at the mouth of the canyon, near the settlement, sustained during several hours
a lonely but heroic siege. The savages- surrounded the mill, but the gallant defender
kept up a fire so vigorous that they were forced to retire.

192 HISTORY OF UTAH.

the Territory, and the Indians signalized its advent by a descent,
January 8th, 1866, upon the Pipe Springs ranch, just over the
Arizona border, killing Dr. J. M. Whitmore and Robert Mclntyre of
St. George, Washington County, Utah. The murderers in this
instance were Piedes. Evidently thinking themselves secure from
pursuit in that sparsely settled region, they remained in near
proximity to the scene of the massacre until the 20th, when a
company of armed settlers from St. George came upon them en-
camped in a narrow gulch and slew seven of them. Another ranch
on Short Creek, in the same county, on or about the 2nd of April
was the scene of another massacre, the victims being Joseph and
Robert Rerry and the latter's wife, who were attacked as they were
mounting their wagon. They maintained a running fight for two
miles, during which the young chief, a Navajo named Panashank,
was killed, and there were evidences that several of the assailants
were wounded.

As the snows began to disappear the savages farther north
resumed their predatory operations, and the settlers in Piute,
Sanpete and Sevier counties were again put in the utmost peril.
Early in April assistance had been asked from neighboring counties,

and one of the first to respond was Iron County, which sent twenty-
four men with teams to help build a fort on Sevier River for the
protection of the settlers. General D. H. Wells recognized in the
movements of the hostiles the indications of a disastrous war, and at
once ordered all the available men of the three threatened counties
to be mustered into service as cavalry and infantry and organized for
defense. Rut no vigilance was equal to the task of defeating the
designs of the sleepless foe, the strength of whose force, now
increased to over three hundred warriors, and the celerity of whose
movements defied every precaution. About the 13th of April, Rlack
Hawk with thirty mounted followers intercepted four teams from
Glenwood, Sevier County, moving northward toward Salina. The
teamsters escaped, but a sheep-herder near by was killed, as was also
the man in charge of a cattle herd. A ten-year-old brother of the

HISTORY OF UTAH. 193

latter herdsman was shot with seven arrows and left for dead ; but
when his assailants were gone the little hero managed to wade the
Sevier River, through water up to his neck, and made his way home.
The people of Salina vainly attempted to save their stock. Their loss
by this foray amounted to two hundred head. Soon afterward the
settlement at this place was abandoned, the people moving north
into the larger towns of Sanpete.

The chief Sanpitch, who had been so reluctant to sign the treaty
drawn up and presented to his fellow-chieftains at Spanish Fork on
June 8th of the previous year, was quick to violate his pledge when
opportunity offered; and Black Hawk's successes proved sufficient to
seduce him from his allegiance. He joined in some of the depreda-
tions planned by the renegade leader, though not with the latter's
good fortune, for in one of his sallies he was taken prisoner. He
contrived to escape, but four of his companions who had aided him
to regain his liberty were pursued' into the mountains between
Sanpete and Juab Valleys and on the 16th of April overtaken and
killed. The same fate overtook Sanpitch two days later between
Moroni and Fountain Green.

On the 22nd of April two men named Hakes and West, who had
been of the party from Iron County engaged in strengthening Fort
Sanford on the Sevier, had an encounter at that place with a couple of
Indians, emissaries of Black Hawk. One of the latter was wounded
and the other killed, Hakes receiving a severe gun-shot wound in the
shoulder. Immediately afterward a number of Piedes who were
encamped near the fort gave up their arms and approached the
settlers with overtures of peace, their offers being accepted. The
settlers at another point, thinking the movement genuine and
general, visited a neighboring Indian camp to induce a cessation of
hostilities, only to receive a volley of arrows, slightly wounding
several of their number. They returned fire with their muskets,
killing two, and capturing two of the savages and putting the rest to
flight. On the evening of the 22nd of April, near Marysvale, Piute
County, another band attacked a small party of settlers, killing

13-VOL. 2.

194 HISTORY OF UTAH.

Albert Lewis and wounding three others, and then made their
escape into the mountains. Near Circleville in the same county they
were* intercepted by a company of local militia and routed with con-
siderable loss. About the 29th, near Fairview, Sanpete County,
Thomas Jones was killed and William Avery wounded while on
picket guard. It was now deemed prudent to break up the smaller
settlements of Piute County, and early in May the people gathered
for mutual protection and defense at Circleville.

Meantime Colonel Irish had been succeeded in office as Indian
Superintendent by Colonel Franklin H. Head, of Wisconsin, who
accompanied Governor Durkee to the Territory, acted for some time
as his private secretary, and was confirmed as Superintendent of
Indian Affairs in March, 1866. Like his predecessor, Colonel Head
was an energetic official, and early in April, after consultation with
Governor Durkee, he called upon Colonel Carroll H. Potter, then
commanding the United States troops in the District of Utah, for
military aid. Colonel Potter telegraphed to Major-General Dodge, at
Fort Leavenworth, for instructions, and by that officer the subject
was laid before General Pope, the department commander. The
latter's decision as communicated to Colonel Potter from General
Dodge, May 2nd, was that "the Superintendent of Indian Affairs will
have to depend for the present on the militia to compel the Indians
to behave." Before this message had been communicated to him,
Colonel Head, in company with Governor Durkee, had paid a visit to
the Indians at Corn Creek, Millard County, and succeeded in obtain-
ing from them renewed assurances of peace. He also visited the
Uintah reservation, to which some of the Indians had by this time
removed, and his arrival appears to have been very timely, for Tabby
and his braves were about to join with the notorious Black Hawk in
his raids upon the southern settlements. The visit resulted in hold-
ing the reservation Indians to their neutrality.

On returning from this journey and learning the decision of
the military authorities, Colonel Head went into immediate consul-
tation with Governor Durkee and Lieutenant-General Wells as to

HISTORY OF UTAH. 195

the course to pursue. General Wells had returned on the 7th of
October, 1865, from an absence in Europe, and had made it an early
duty to revivify and reorganize the militia of the Territory.
Several changes had taken place among the officers and there was
felt to be need for reconstructing some of the districts and awaken-
ing the interest which since the campaign of 1857-8 had found
little occasion for exercise. Adjutant-General James Ferguson,
whose untimely death occurred on the 30th of August, 1863, had
been succeeded a short time previous to his demise by General
Hiram B. Clawson; and the resignation of Major-General George D.
Grant having been accepted, at the general muster of the militia of
Great Salt Lake County held at Camp Utah, near the Jordan,
southwest of this city, on the 1st, 2nd and 3rd of November, 1865,
Colonel Robert T. Burton was elected to that office. During the
same autumn other musters were held in various parts of the
Territory. The spring of 1866 found the military spirit at its
highest pitch ; division, brigade and regimental musters and elections
were held in almost every county, and the reorganization of the
entire militia was effected. Among the promotions and changes
occurring about this time may be mentioned the election of
Brigadier-General Brigham Young, Jr., Salt Lake County; Briga-
dier-General Lot Smith, Davis County; Major-General Aaron
Johnson and Brigadier-Generals William B. Pace and Albert
K. Thurber, Utah County. The interest manifested on these
occasions explains the readiness with which the call to arms was
responded to and the efficiency of the service rendered in the Indian
campaign of 1866 and 1867.

The earliest calls upon the northern counties had not been for
armed assistance to chastise the renegades and wreak vengeance
upon them, but for men to aid the settlers in protecting themselves
and their stock until they could reach places of safety. But the
increasing boldness of the marauders rendered decisive action
necessary. The entire adandonment of the southern counties, to be
followed by a general Indian war, seemed to be the only alternative.

196 HISTORY OF UTAH.

Steps were accordingly taken to place all the settlements south and
east of Salt Lake City in a state of defense, and troops were ordered
to the scene of hostilities. By the 1st of May, 1866, several
companies from Davis, Salt Lake and Utah counties were on the
march, and on arriving in Sanpete County they reported to
Brigadier-General Warren Snow. A company of cavalry from Salt
Lake City under Colonel Heber P. Kimball and Major John Clark
reached Manti on the 5th of May, and were ordered to march up the
Sevier River and assist the settlers in moving down into Sanpete.
They displayed great energy and succeeded in delivering the exposed
settlers, after which for a short time they were stationed at Fountain
Green. About the 10th of May a company of cavalry, A. G.
Conover, captain, reached the scene of hostilities from Utah County,
and were ordered to occupy a picket post on the Sevier, near Salina,
under command of Brigadier-General William B. Pace. While
encamped at this point word was received that Black Hawk with
a band of warriors had made a raid on Round Valley, Millard
County, killing James Ivie and Henry Wright, and running off three
hundred head of horses and cattle. As it was known that the route
of the victorious band would lead them toward Salina, preparations
were made to intercept them at the Sevier, and at Gravelly Ford.
General Pace's command met the invaders. A hot skirmish, lasting
three hours, was fought with uncertain success to either side, though
the main object of the militia — the recapture of the stolen stock-
was defeated through a shrewd movement by a number of the
Indians who forced their plunder into Salina Canyon while their
fellow-warriors kept the troops engaged in front. When the tide
of battle seemed turning in favor of the whites, though their
ammunition was by this time exhausted, a cloud of dust from the
direction of Round Valley suggested to the militia that more Indians
were approaching. A retreat was therefore ordered. Black Hawk's-
good fortune had again befriended him. The approaching horsemen
were a company of Fillmore cavalry, seventy strong, under Captain
Owens. Before they could effect a junction with General Pace, the

HISTORY OF UTAH. 197

slippery foe were safe in their mountain fastnesses. The casualties of
the engagement were one militiaman (Henry Jennings) wounded, and
several Indians reported killed — the chief himself receiving a slight
wound. News of this fight having been received by General Snow at
Manti, Colonel Kimball with his cavalry, then at Fountain Green, was
ordered to report at once to headquarters. In thirty minutes the
command was in the saddle, and before daylight next morning was
at Manti, where it remained most of the day under waiting orders
until reinforcements should arrive from Mt. Pleasant. That night a
short march was made and the combined forces, now under
personal command of General Snow, went into camp. The
impatience of the men, who wanted to overtake the enemy by forced
march and engage him, could hardly be restrained by the more
cautious commander, who, taught by past experience, had no
relish for rushing recklessly into a possible ambuscade. The march
was resumed next morning, and at noon the troops came upon the
previous night's camping ground of the Indians, in a canyon at the
western edge of Castle Valley. A council of war was called, and
though the younger officers and the majority of the men were in
favor of an advance at the best possible speed, the General's decision
was that without heavy reinforcements it would be imprudent to
continue the chase. Further pursuit was accordingly abandoned.
In the meantime Lieutenant-General Wells, leaving Salt Lake City on
the llth of June, reached Gunnison accompanied by a body of
cavalry under Colonel John R. Winder, followed by a company of
infantry from the regiment of Colonel S. W. Richards, under
command of Major William W. Casper and Peter Sinclair, battalion
adjutant, with Jesse West as captain and Alexander Burt, Byron
Groo and others as lieutenants. The cavalry force was assigned to
patrol duty along the Sevier, and the infantry detailed to the
settlements of Sanpete. Colonel Winder was immediately assigned
to duty as assistant adjutant to General Wells. The latter gave
orders that the pursuit of Black Hawk should be at once resumed,
and another effort made to recover the stock. The trail of the

198 HISTORY OF UTAH.

savages was again struck, and after passing the point where the
pursuit had been abandoned, the troops found that they had
been at that time within twelve miles of the enemy and the stolen
cattle. A longer march confronted them now, and one beset with
many difficulties. The trail was followed over rocky ridges, up and
down almost impassable gorges, across occasional streams of alkali
water and into the most forbidding and desolate of deserts. The
conclusion of the first day's march found men and animals well-nigh
exhausted from the trials of the journey, all having suffered
intensely from thirst. During two days more and the larger part of
two nights the toilsome march continued; and when the futility of
further pursuit was recognized and the condition of the troops was
seen to be so perilous, a retreat was again ordered. It was none
too soon. The command was scarcely able to get out of the desert,
owing to weakness of both horses and men. Of the latter there
were several whose mouths and tongues were so sore that they could
scarcely speak.

A few days later, Captain Albert P. Dewey of Colonel Kimball's
command was ordered to establish a post in Thistle Valley, in the
north end of Sanpete, — a point that was the key to any probable
attack from that direction. His command consisted of twenty-two
cavalry and thirty-five infantry, the latter under Captain Jesse West,
who started from Moroni on the 21st of June. On the evening of
the 23rd the Indians gave indications of their presence in the
vicinity, but extra precautions were taken to guard against any
surprise, and the night passed in quietness. Next morning about 10
o'clock a shot rang out from the adjacent cedars, and Black Hawk
and about fifty warriors made a lightning descent upon the post,
waving red blankets and stampeding the baggage animals. By this
shot Charles Brown, of Draper, Salt Lake County, who with another
man was in the cedars picking gum, was killed. The attack made
upon the post was repulsed with great gallantry, and the Indians
took to cover, whence they repeatedly sallied forth upon the
camp, only to be driven back. Later in the afternoon, Black

HISTORY OF UTAH. 199

Hawk received reinforcements, and at the head of one hundred
warriors made another assault, wounding Thomas Snarr, of Salt
Lake City, but inflicting no further damage. About dusk the enemy
drew off, just when they were in high hopes of capturing the post,
white reinforcements having come from Mt. Pleasant in response to
dispatches from Captain Dewey, who after the first charge sent two
men mounted on the best horses in camp to that point, eighteen
miles distant, and to his superior officer, Colonel Kimball, then at
Twelve-Mile Creek, near the Sevier. The couriers who took this
perilous ride were Homer Roberts and John Hamilton; and how
successful they were in their mission is proved by the timely arrival
of Colonel Ivie with his Mt. Pleasant cavalry, and the coming early
next morning of Colonel Kimball and his command. About the
same time Major Casper came upon the scene from Moroni and
General Snow from Manti. With this force the pursuit of the
retreating savages was hotly begun, their trail being plainly marked
by the blood from their dead and wounded, whom, in accordance
with their custom, they bore away with them. The chase lasted until
Soldier Summit, at the head of Spanish Fork River, was reached,
where, the Indians resorting to their old tactics of separating and
scattering in all directions, it had to be abandoned. This was the
last military event of importance in Sanpete County that season, and
a few weeks afterward the larger part of the troops from the
northern counties, most of whom had been in service from sixty to
ninety days, returned and were mustered out. They had conducted
themselves with much patience and bravery, and had rendered
invaluable service to the settlers in the threatened counties. General
Wells and his officers showed good judgment in their disposition of
the troops, and inspired confidence throughout the entire district.
It was felt that against leaders of less watchfulness and prudence the
crafty Black Hawk and his braves would have been able to cause far
greater losses in life and property.*

* While the Indian troubles in Sanpete County were in progress, Superintendent
Musser, of the Deseret Telegraph Line, was actively engaged extending that system from

200 HISTORY OF UTAH.

But with the withdrawal of the outside militia, the efforts of
the local organizations were not relaxed. The men rendered
uncomplaining service on picket guard and in occasional recon-
noisances into the mountains, and the officers were vigilant and
full of energy. Their scanty crops had to be harvested, the winter's
supply of fuel gathered, protection furnished their remaining flocks
and herds, and winter forage provided. All this work had to
be performed by men under arms or attended by an armed escort.
And when it is remembered that the sleepless foe ranged over and
ravaged a district three hundred miles in extent, burning saw-mills,
ranges and isolated ranches, and causing the abandonment of a
number of flourishing villages, the heroism of the settlers in resisting
by night and by day the sudden and terrifying attacks of the
marauders is worthy the warmest praise. In nearly every part of
the Territory regular guard duty was ordered. Even in Salt Lake
County, the Lieutenant-General issued orders as early as May to
Major-General Burton to have patrols out for the protection of stock
and to observe the movements and temper of the Indians. In the
settlements on the west side of the Jordan there was much regular
work of this character under the organization of increased military
companies during the early summer. Utah County, populous and
well prepared though it was, did not entirely escape. One fatal
assault took place on the 16th of May when a party of ten Indians
swooped down from the mountains near Spanish Fork, killed
Christian Larson who was herding cows upon the bench, and made
off with nearly two hundred head of horses from the vicinity.
Earlier in the same month a raid was made upon the horse herd of
the friendly Indians at Corn Creek, Millard County. The thieves

Manti southward. The wires were strung under his personal direction, the militiamen
rendering efficient aid in putting up the poles, stretching the wire and establishing stations.
The telegraphic line was of great service to the troops in their operations, and strange to
say was never molested by the savages, either in that part of the Territory or elsewhere,
they being ignorant of the use made of it against them, or else too superstitious to
interfere with the lightning messenger.

HISTORY OF UTAH. 201

were pursued for several days by Kanosh and some members of his
band, but were not overtaken. On the 18th of May a band of
marauders raided Provo Valley — Wasatch County — and at the
second attempt succeeded in driving off a herd of horses. Members
of the local militia organized an earnest but fruitless pursuit, and a
few days later, when visiting the county for the purpose of
reorganizing the militia, General Burton, his aid, Colonel Ross,
and a party of cavalry thoroughly scoured the surrounding country,
but without success. This isolated country was especially threatened
on the east, but a number of successful skirmishes by the hardy
militiamen soon gave the Indians to understand that what the
settlers lacked in numbers they made up in activity and resolution.
Iron, Kane, Millard and all the counties south had their own
troubles, yet each of them sent aid into Sanpete and Sevier. The
most northern point to send such assistance was Davis County,
where early in July Rrigadier-General Lot Smith mustered a com-
pany of cavalry under Captain Bigler for ninety days' service; and as
late as October Captain Robert W. Davis and company from
Kaysville, started for the Sevier. About the end of July Major
General Burton organized another company of seventy-five officers
and men in Salt Lake County and hurried them southward under
command of Major Andrew Burt, with W. L. N. Allen as captain.
These were of Colonel John Sharp's regiment, and were among the
last to return home, reaching Salt Lake City early in November.
Utah County sent its second company of cavalry in June under
Captain Joseph Cluff, Provo, and two more companies in August
under Captains Alva Green, American Fork, and Caleb Haws, Provo.
Of the various companies and commanders doing duty in their own
counties it is perhaps not necessary to speak in detail, though they
acquitted themselves with much credit; neither does the present
narrative require mention of all the skirmishes had with the enemy
in the mountains east and southeast of the main scene of operations.
As far south as Washington County, where under instructions of
Brigadier-General Erastus Snow a company under Captain James

202 HISTORY OF UTAH.

Andrus had taken the field, and had lost in one expedition Private
Elijah Everett, Jr., slain by the savages; and as far north as Cache
County, there was the same alert and unceasing watchfulness
against hostile inroad or outbreak; and at one time during this
troublous year — 1866 — as many as twenty-five hundred men were
under arms. The number killed during the season's campaign was,
of the whites, about twenty and of Indians between forty and fifty.
The settlers' stock herds were reduced nearly two thousand,
and rarely were any of the animals recaptured after once the
savages had started them to running. An exception was the
raid on the Spanish Fork pasture, before daylight on the 26th of
June, in which thirty Indians stampeded forty-five head of horses
and cattle. Major William Creer with fifteen men set out in pursuit,
overtook and fought the thieves for an hour and a half, when a party
from Springville came up and the Indians fled. Nearly all the stock
was recovered, but a young man named John Edmiston. of Manti,
was killed and Albert Dimick, of Spanish Fork, received a wound
from which he died two days later.

The last attack of the year was upon the ranch of John P. Lee
at South Creek, eight miles south-east of Beaver, on the 23rd of
October. The house, in which were Mr. Lee, his wife, five children,
a hired girl aged thirteen and a hired man named Joseph Lillywhite,
was surrounded before daylight by a band of about twenty Utes,
formerly considered friendly. Their presence was indicated during
the entire night by the noisy restlessness of the faithful watch-dog,
and even the children's slumbers were disturbed by what seemed to
be the howling of wolves, but which in reality was the device
adopted by the savages for driving the stock together. The family
had always maintained good relations with their dusky neighbors,
feeding and treating them with uniform kindness; and it is probable
that these relations would have been maintained even during these
warlike times had not the Lee ranch, which blocked the pass
through which the Indians planned to drive their stolen cattle from
the lower Beaver Valley into the elevated pastures and plateaus to

HISTORY OF UTAH. 203

the eastward, constituted an obstacle which they felt compelled to
remove. Their murderous purpose was displayed when Lee and
Lillywhite, advancing into the dooryard just at daybreak, were fired
upon by the surrounding foe. Lillywhite who was known to the
Indians to be an expert s-hot, having frequently engaged with them
in friendly target practice, was first singled out for death, and fell
with a ball through his breast. He managed to stagger into the
house and was a moaning, helpless spectator of the remainder of
the exciting scene. Lee was armed with a musket loaded with
revolver bullets, and as he retreated toward the house he fired upon
a too venturesome savage, who fell dead. Regaining the house
where his loved ones were, the doors and windows having been
barred by his heroic wife, he prepared for a fight to the death. To
one of the assailants who advanced with a pitchfork to pry open
the door, he gave the contents of his gun, which Mrs. Lee had
reloaded ; and to another sent a well-aimed bullet from his pistol.
As the third Indian bit the dust the enemy made a furious rush
for the house, trying with spades and whatever other implements
they could find to force an entrance. Repulsed again, they began to
collect poles and brush by means of which they were able to set fire
to the roof of the house. This ignited slowly, owing to dampness
from recent storms, but dense clouds of smoke rolled into the room,
threatening the suffocation of the inmates, and throwing the
youngest child, a baby in the cradle, into convulsions.* Gradually
the fire made headway, and as the desperate father tore off the
burning boards the flames seemed but to spread the faster. The
spring was only a short distance away but to venture outside the
door seemed only to invite the enemy's marksmanship. Yet some-
thing must be done and done quickly. All were unwilling that the
father should expose himself, — in his preservation lay their only
hope of defense. The eleven-year-old daughter bravely volunteered
to bring water — she had previously gone out for the crowbar with

* This daughter, then two and a half years old, is now Mrs. Rose Sutherland, wife
of Attorney George Sutherland, of Prove.

204 HISTORY OF UTAH.

which to strip off the blazing slabs — and the flames were soon
subdued.* Meanwhile the agonized mother, who, between dressing
the ghastly wound of the sufferer and loading the gun for her
husband had still time to picture the horrors that seemed to be
awaiting them, was approached by her little son with a petition that
must have made her blood chill. He begged to be allowed to run to
town for help, urging with childish eloquence that he would take the
short cut down the gap and along the creek where it was scarcely
possible for a pedestrian, much less a mounted man, to make his
way; and that he would thus escape the notice of the Indians, who
perhaps would not harm him anyway, if they were hiding to kill
his father. He finally declared in desperation that he would rather
be shot than die in the smoke like a rat in a trap, and he asked this
one chance for his life.f The parents' consent was tearfully given,
and with him started the thirteen-year-old hired girl, who, however,
took the main road while the boy adopted the shorter route down
the gap, by which Beaver was only about four miles distant.
Barefooted, half-clothed, panting and covered with blood — the little
hero had held up the arm of the wounded man in order to lessen the
bleeding — the boy needed but to utter the one word "Indians!"
when he met the first white man in the Beaver fields. The alarm
was sounded and in ten minutes twenty men were riding as fast as

* This heroic girl is Miss Emma Lee, now of S;ill Lake City, admitted MS an
attorney to the bar in May, 1892.

The eldest daughter, then aged seventeen and now Mrs. Mary Black, of I'iule
County, was handed a small dagger by her mother, with the remark: "The children
will be brained, and your father and myself shot down if the Indians break into the
bouse. A fate worse than either probably awaits you — do not sutler yourself to be taken
alive." The poor girl sank pale and hall-lainling on the bed, whispering, " I could not
hurt a fly."

The fourth daughter, aged seven, who, standing half dressed in the doorway, wit-
nessed the first attack, and upon whose memory the whole terrible episode is vividly
impressed, is Mrs. Kllen T. .lakeman, of I'rovo, one of the foreino>l nl literary women in
Utah. From her account were obtained the incidents here narrated.

f The boy was at the linn- nine years old. He is Charles A. Lee, and is now in

California.

HISTORY OF UTAH. 205

horses could cany them toward the ranch. So accurately had the
child told his story that a conveyance for the wounded man was not
forgotten. The relief party first met the girl on the road, who was
so insensible to the danger she had just escaped that she was
picking gum and flowers by the way. Continuing to the ranch they
found the family safe, and while a small escort was sent back with
them to Beaver, the remainder divided into two squads and took
the trail of the Indians. The latter had retired after the last assault
on the house, and drove off all the stock with them. They killed
the fat young cattle which could not stand the rapid pace, and by
these signs the militia were able to follow them sixty miles, without,
however, coming to an engagement.

The Xavajoes began operations in 1867 by a raid on the horse
herd in Pine Valley, Washington County. This was just after New
Years, and was an intimation of what might be expected in other
places. In this instance, however, the success of the savages was of
brief duration. Captain Andrus led a party of St. George cavalry in
pursuit, overtook the thieves, killed eleven of them and recovered all
the horses. On the night of the 18th of January another party of
men under Captains Pearce and Andrus came upon a band of
Indians who were trying to stampede a herd of stock seven miles
south of St. George. The Indians, being well mounted, escaped in
the darkness; but the energy of the militia was not without result.
Washington County had no further visits from the marauders.

As Spring advanced Black Hawk and his band, from the Elk
Mountain region, made their way northward, and as early as the 21st
pf March raided the pastures of Glenwood and Richfield, situated on
opposite sides of Sevier River, and drove off some stock. They
killed Jens Peter Peterson and wife, and a Miss Smith, aged fourteen
years, daughter of a neighbor, all of whom were journeying across
the bottoms from Richfield to Glenwood. General Snow was at the
latter place confined to his bed with sickness, but the call upon the
militia was promptly responded to and most of the stock was recov-
ered, one man being wounded in the skirmish. Early in the

206 HISTORY OF UTAH.

following month the settlement at Richfield was abandoned, the
settlers moving north for safety. The other settlements in Sevier
and Piute Counties, two in Iron County and seven, besides many
ranches, in Kane County, were deserted about the same time.
These early movements undoubtedly saved many lives ; for the hos-
tility and strength of the savages left no doubt that they were
determined on aggressive measures. Troops were accordingly
mustered for home service in the counties of Sanpete, Sevier and
Piute, and by orders dated April 15th Lieutenant-General Wells
called upon Major-General Robert T. Burton, of Salt Lake County,
to raise three platoons of cavalry to march on the 22nd for Sanpete.
This detachment, numbering seventy-two men, under command of
Captain Orson P. Miles, reported to General Pace at Provo, who had
been appointed to succeed General Snow in command of the Sanpete
district. On the 22nd of May Captain William L. Binder left Salt
Lake City with a small company of infantry and reported for duty to
General Pace, whose headquarters were now established at Gunnison.
General Pace's own district, Utah County, had also sent a company
of cavalry and one of infantry to the front. With these reinforce-
ments and the energetic preparations made by the local troops, it
was hoped the savages might be deterred from further depredations.
The months of April and May passed without important demonstra-
tions, though a minor engagement occurred on the 22nd of May in
which Lieutenant Adam M. Paul, of Miles' Salt Lake cavalry, was
wounded. On the 1st of June a small band of Indians drove off
forty head of horses from Fountain Green, and were pursued by
Lieutenant-Colonel Ivie into Thistle Creek Canyon. Although it was
understood that a large war. party of savages were in the valley, the
advance of the militia was at double-quick, a rear guard being
detailed to watch for the expected enemy. The Indians in front took
to the mountains after killing or maiming such of the stock as they
could drive no farther, and at this juncture the rear-guard reported
the approach of a large party of warriors. These proved, however,
to be reinforcements from Springtown under Captain Allred, and

HISTORY OF UTAH. 207

from Fountain Green and Moroni under Major Gaymond who
awaited Colonel Ivie's return at the mouth of the canyon. How
many Indians were killed in the spirited chase conducted by the
latter officer is not known; but the losses on the side of the whites
were Louis Lund killed and Jasper Robertson wounded, both
belonging to Captain Holbrook's Fairview cavalry. This troop under
Colonel Ivie's command subsequently kept up a hot chase after the
Indians for over two hundred miles.

A melancholy incident of the campaign occurred on the evening
of June 2nd, at Twelve-Mile Creek. Major John W. Vance, of
Alpine, Utah County, brigade adjutant on General Pace's staff, was
returning with Captain 0. P. Miles, Sergeant Heber Houtz and
Nathan Tanner, Jr., of the Miles' company, from a military drill at
Manti to headquarters at Gunnison. At dusk, while halting at the
creek to let their horses drink, they were fired upon by ambushed
Indians at close range. At the first fire Major Vance and his horse fell
dead, and Sergeant Houtz with a groan also fell from his steed as the
animal wheeled suddenly out of the creek. Believing their companions
both dead, Captain Miles and young Tanner rode rapidly back to
Manti, whence a detachment under Lieutenant M. H. Davis of Salt
Lake County was ordered to recover the bodies of the dead men.
Vance was found pierced with two bullets and lying where he fell,
within a few feet of the creek. Houtz had evidently recovered
himself a moment after the first fire, for his body, shot with two
bullets and seven arrows, lay about five hundred yards from the
scene of the ambush. The remains were reverently conveyed to the
respective homes of the deceased, where obsequies were conducted
over Major Vance on the 5th and over Sergeant Houtz on the 6th of
June; the services closing with military honors.

Beaver County suffered from raids on the 14th of June and the
18th of September, in both of which the Indians drove off several
hundred head of horses and cattle; and on the 22nd of June the
Paragoonah range, Iron County, was swept by the marauders.
Major Silas S. Smith and a party gave chase and succeeded in

208 HISTORY OF UTAH.

cutting the Indians off from the mountain passes, a manoeuver which
caused the thieves to leave their booty and scatter in the hills for
their own safety. At dusk on the 21st of July a descent was made
upon the stock at Little Creek, near Parowan. The guards gave the
alarm, the local cavalry was quickly in motion and again headed off
the Indians at the mouth of the canyon, charging them and turning
back the stock. The savages re-formed and charged twice, but were
finally repulsed. The fighting lasted nearly all night.

Sanpete County had been reasonably quiet for a couple of
months, when on the 13th of August the Indians made a descent on
the herd-grounds and meadows of Springtown, and drove off a
band of horses. James Meeks was killed, Andrew Johnson mortally
wounded and William Blain slightly wounded in the fight. Colonel
Allred with a portion of the Mt. Pleasant and Ephraim cavalry
started in pursuit, overtook and defeated the enemy, who killed some
of the stolen horses and abandoned others. It is believed that a
number of savages were killed in the engagement. The last casualty
of the season occurred on the night of September 4th, near Warm
Creek — now Fayette — Sanpete County, where three men of Captain
Binder's Salt Lake infantry were on picket duty. Indians stole up in
the darkness, and by the light of the camp-fire were able to single
out John Hay upon whom they fired with fatal effect. His comrades
gave the alarm to eight other men stationed near by, and, bearing
the dead man with them, the detachment made good their retreat to
the settlement. Soon afterward the Indians withdrew for the
winter and the rnilitia were able to devote the few remaining weeks
of autumn to the pursuits of peace. During this summer and
autumn a stone fort was projected and partly built at Gunnison, for
protection against the savages. The remains of this fort, which was
never completed, may be seen to this day.

On the 17th of September of this year — 1867 — Lieutenant-
General Wells issued orders for a general muster of the forces in
the various military districts of the Territory, which orders were
generally observed. At this time Adjutant-General Clawson was

HISTORY OF UTAH. 209

absent in the east, and the duties of his office were performed by
Assistant Adjutant-General T. W. Ellerbeck. Colonel Winder, who
had acted as General Wells' adjutant in Sanpete, in 1866, assisted in
drawing up a report of the operations of the militia during the three
campaigns just described, which was presented by General Clawson
to the Governor and by him to the Legislature in January, 1868.
It is dated December 31st, 1867. From this document it appears
that the militia of the Territory consisted of one lieutenant-general
with a staff of eighteen officers; thirteen topographical engineers;
six officers of the ordnance department; two major-generals, with a
staff of fourteen officers ; nine brigadier-generals, with fifty officers
in the staff; twenty-five colonels and twenty-five lieutenant-colonels
with eighty-five officers in the regimental staff; 112 majors with 113
of battalion staff; 236 captains; 228 first lieutenants, 906 second
lieutenants; 896 sergeants; 322 musicians; eighty-two teamsters,
and 8,881 privates, making a total of 12,024. The cavalry consisted
of 2,525 ; the artillery of 179, and the infantry 9,207 ; the remainder
being the general officers and staff, and topographical and ordnance
departments. The arms and equipment of this body were reported
as several pieces of artillery, 2,838 horses, 2,476 saddles, 4,926
revolvers, 2,052 swords, 6,960 rifles, 1,719 muskets or shotguns,
twenty-five bayonets, 431,375 rounds of ammunition, seventy-seven
trumpets, ninety-six fifes and 107 drums.

General Clawson in his report dated February 9th, 1869, to the
war department at Washington, tersely tells the story of these
military operations and supplies vouchers showing the expenses of
the Indian war during the three years to be $1,121,037.38, not
including charges for a vast amount of service in the home guard,
which would have materially increased the total. The report bears
Governor Durkee's official endorsement,* and quotes from the reports

* Governor Durkee's endorsement was as follows :

EXECUTIVE OFFICE, UTAH TERRITORY,

SALT LAKE CITY, January 9th, 1869.
1, Charles Durkee, Governor of Utah Territory, do hereby certify that the military

210 HISTORY OF UTAH.

and communications of Colonels Irish and Head to the Commis-
sioner of Indian Affairs. Accompanying it also was a memorial to
Congress adopted by the Legislature in February, 1868, and
approved by the Governor, asking for the payment of the expenses.
The document pointed out that Colonel Irish had applied to General
Connor for military aid in putting down the renegades, and that
Colonel Head had addressed himself to the same effect to Colonel
Potter, and that in each instance the request had been refused,
whereupon it became necessary to call upon the militia; that
notwithstanding their ready response and their energy and courage,
six extensive and flourishing settlements in Sevier and Piute
counties, four settlements in Sanpete, fifteen settlements in Iron,
Kane and Washington counties and two or three in Wasatch
County had been abandoned, with an almost total loss of stock and
improvements; that about seventy lives had been lost; and that in
furnishing its own soldiers, arms, transportation, horses and
supplies the Territory had borne a heavy burden; wherefore an
appropriation of $1,500,000, or so much thereof as might be
necessary to cover the expenses, was respectfully asked. The
petition was never granted, and the just debt of the general govern-
ment to the then struggling Territory remains unpaid to this day.
In this connection appropriate reference may be made to what
is known as the Wade bill, which, although it never passed, was
introduced and considered in Congress at the very time that militia
companies from nearly all parts of the Territory were performing
valiant and uncomplaining service against the savages. The bill
takes its name from its parent, Senator Ben Wade, and its introduc-
tion, in June, 1866, created far less discussion than so radical a
measure would have provoked during any other than the exciting
times of the reconstruction period. The bill is worthy of note as

service rendered by the militia of this Territory, comprised in the foregoing accounts, was
absolutely necessary, and was therefore sanctioned and authorized by me at the times
specified, and that the accounts are just.

CHARLES DURKEE, Governor.

HISTORY OF UTAH. 211

embodying within itself nearly all the important items of special
legislation since enacted in various Congressional laws affecting Utah
affairs. It provided for the appointment by the Government of
probate judges, the selection of juries and the service of process by
the United States Marshal, the regulating of the marriage ceremony
— which was declared to be a civil contract — and the recording of
certificates; it declared the illegality of church divorces or marriages;
required the Trustee-in-Trust of the Mormon Churh to annually
make a full report of all Church properties, real and personal; held
acknowledgment of the marital relation in prosecutions for polygamy
to be proof of cohabitation; and aimed at the entire abolition of
the prevailing militia system by giving to the Governor the power to
select, appoint and commission all officers, either civil or military ; to
organize and discipline the militia in such manner and at such
times as he might direct, and to make all rules and regulations for
the enrolling and mustering thereof; it further declared that "all
commissions and appointments, both civil and military, heretofore
made or issued, or which may be made or issued before the 1st day
of January, 1867, shall cease and determine on that day, and shall
have no effect or validity thereafter." As a matter of history this
much notice of the sweeping measure is interesting. To comment
upon it, since it went into early obscurity, would be obviously
unprofitable.

With the close of the year 1867 the Black Hawk war may be
said to have ended. That chief, unattended by warriors, had come
to the Uintah reservation with his family on the occasion of Colonel
Head's visit in July or August of that year. At first saucy and
cold, the crafty leader at length unbosomed himself to the
indomitable superintendent, and told how many lodges his command
consisted of and who his allies were. Finally he expressed a desire
for peace, requested Colonel Head to cut his hair for him in token of
his abandonment of the Avar-path, and promised to induce as
many as possible of his adherents to join him in peace as they
had followed him in war. The raids that ensued that year,

212 HISTORY OF UTAH.

subsequent to this interview, were accordingly set on foot by those
whom his commands did not reach or by whom they were not
heeded. The same may be said of the hostilities occurring during
the year 1868, which, though sufficiently distressing, did not give
cause for the alarm previously existing, nor did they necessitate the
calling out of the militia from other than the immediate vicinity of
the attacks.

The earliest engagement of 1868 occurred at Rocky Ford of the
Sevier River on the evening of April 5th, when a company of
settlers under Frederick Olson, moving southward with the intention
of re-establishing one of the abandoned settlements on that stream,
was furiously attacked by about thirty Indians. The whites corralled
their animals and made a brave defense for two hours, when the
Indians, whose loss was considerable, retired with a few head of
stock. The settlers' losses were a man named Justison, killed, and
Adolph Thommasen, who started out as courier on a jaded horse and
was overtaken by the Indians and seriously wounded. The next
day two brothers named George and Charles Wilson, from Scipio,
were attacked near the same place and the latter was killed, his body
being recovered by a relief party which escorted the emigrants back
to Gunnison.* The Scipio horse-herd was raided May 7th by a
small but reckless band of Indians who ran off some stock but were
glad to abandon most of it under the brisk pursuit of the settlers.
On the llth of July a similar skirmish took place near Fort Ephraim,
in Sanpete County. The herdsman resolutely followed the thieves,
and recovered most of the plunder. Reinforcements coming up, the
chase was renewed, with the result that the cavalry were led into an
ambuscade and received a volley which wounded several of them.
In other parts of the country scattered stock were driven off by

* A lamentable incident, not a result of the war nor occurring near the scene of
aggressive operations, may here be mentioned. A little daughter of G. W. Thurston of
Mendon, Cache County, aged two and a half years, on April 7th, 1868, was stolen by
Indians prowling in the vicinity. Notwithstanding the most diligent search by the
settlers and by friendly Indians, the child was never recovered.

HISTORY OF UTAH. 213

small predatory bands, and the settlers were kept constantly on the
alert against more serious surprises.

On the 19th of August, 1868, the energetic Superintendent of
Indian Affairs, Colonel Head, succeeded in negotiating a treaty with
the sub-chieftains of Black Hawk's band and their still recalcitrant
followers. Major Dimick Huntington was interpreter on the
occasion, and Black Hawk himself, who had kept his pledge given a
year before, lent his presence and influence. The young warriors
were loth to bury the tomahawk, and boasted not a little of their
prowess and deeds of blood; one of them especially, a handsome,
feminine-looking stripling named Aug-a-vor-um, confessing his
participation in the killing of Major Vance and Sergeant Houtz and
in other more daring and less dishonorable engagements. Of the
fellow's courage there could be no doubt. He had been wont to ride
a white horse, and as his reckless bravery always led him to the
front, where his example served as a command to his associates, he
was frequently the mark of the militia sharpshooters, and once when
he fell wounded the cry went up that Black Hawk himself had been
killed. His defiant eloquence was reinforced at this meeting by that
of other hot-heads, but it was patiently met and at length entirely
overcome by the persuasion and threats of the peace party. The
treaty was signed and it is believed was faithfully observed, although
peace was not completely restored until after the summer of 1869.
The earliest signs of trouble during this year came from the south-
west where the turbulent Navajoes were the predominating tribe. A
band of them invaded Southern Utah in the latter part of February
and drove off the herds from Washington and Harrisburg. A party
of militia started in pursuit, recovered some of the stock and drove
the thieves beyond the Colorado.*

* The murder by Indians of a highly respected citizen of Utah, Franklin B.
Woolley, of St. George, son of Bishop Edwin D. Woolley, near San Bernardino, California,
on the 21st of March of this year, may appropriately be mentioned in this connection.
The unfortunate man, who was returning with goods for the St. George store, had
separated from the main body of his freight train, and was searching for his horses near
the Mohave river, when it is supposed that he was surrounded by a party of about fifteen

214 HISTORY OF UTAH.

About the end of March the oft-afflicted horse-herd at Scipio
was successfully raided and over a hundred head of stock were
driven off. In the latter part of September the unfortunate county
of Sangete endured a visitation at Fairview with the loss of twenty
head of horses. These were the last depredations of consequence,
and with them ended all semblance of organized warfare on the part
of the aborigines. The war-whoop and the scalping-knife dis-
appeared from Territorial history, and in the very parts most
grievously ravaged during the period covered by these campaigns
Indian colonies in recent years have successfully and industriously
sought the greater achievements of peace.

Indians. He dismounted from his mule to parley with them, but finding that no com-
promise could turn them from their murderous purpose he sought to make his escape.
He fell pierced with arrows after running only a few rods. His slayers stripped off his
clothes and dragged his body to a place of concealment, where it was not found until
some days later by search parties. The remains were brought home for interment by the
brother of the deceased, E. D. Woolley, Jr., now President of the Kanab Stake.

HISTORY OF UTAH. 215

CHAPTER X.

1819-1869.

THE GREAT PACIFIC RAILWAY HOW THE PROJECT ORIGINATED HOW THE ROAD WAS CON-
STRUCTED EARLY TALK OF A TRANSCONTINENTAL HIGHWAY THE MILLS MEMORIAL DR.

BARLOW'S SUGGESTION — ASA WHITNEY'S PLAN AND PROPOSITION — BRIGHAM YOUNG AND

THE NORTH PLATTE ROUTE — THE BENTON BILL THE STANSBURY SURVEY THE KING

PLAN — UTAH'S RAILWAY MEMORIALS TO CONGRESS — GOVERNMENT SURVEYS — CALIFORNIA,
UTAH AND NEBRASKA AGITATE THE SUBJECT IT BECOMES A NATIONAL QUESTION DEMO-
CRATS AND REPUBLICANS BOTH FAVOR IT "A MILITARY NECESSITY" CONGRESS TAKES

ACTION AND PASSES THE PACIFIC RAILROAD BILL THE UNION PACIFIC AND CENTRAL PACIFIC

COMPANIES THE BUILDING OF THE ROAD BEGUN ITS PROGRESS EAST AND WEST TOWARD

THE GREAT SALT LAKE.

HE all-prevailing topic in Utah at the time touched in our
narrative was the coming of the railway. Since January, 1863,
the great national highway, which was destined to work so
many mighty changes in all the social, commercial and material
concerns of the West, had been in course of construction, and was
now rapidly approaching from both east and west the vicinity of the
Great Salt Lake. Utah with strong hand, joining California and
the East, had taken hold of the great enterprise for which she had
so long prayed and waited, and with all the power at her command
was helping it across the threshold of her mountain-girt domain.
In a future volume we may tell more fully the interesting story of
this greatest of all railway enterprises. Here, in order to avoid
prolixity and preserve conciseness in the general narrative, we can
only make mention of some of the most prominent facts relating to
its inception and construction.

To whom belongs the honor of first suggesting the idea of a
transcontinental railway, uniting the Atlantic and Pacific oceans, it
would perhaps be impossible to say. That the thought was

216 HISTORY OF UTAH.

presented simultaneously to several minds is not improbable, and
that out of the aggregation of ideas relating to .the subject grew
the mighty project and its still mightier achievement, is a fact that
needs no argument.

Robert Mills, in a memorial to Congress dated February 18th,
1846, claimed to have published in 1819 " a work on the internal
improvement of Maryland, Virginia and South Carolina, connected
with the intercourse of the States of the West," in which he
suggested the union of the Pacific with the Atlantic "by a railroad
from the head navigable waters of the noble rivers disemboguing
into the ocean."* This, it is perhaps needless to inform the reader,
was before a mile of railroad had been laid in any part of the
world.f

To many it would seem improbable that such a claim could be
true. We give it, however, for what it is worth. It is also said that
Dr. Samuel Bancroft Barlow, of Granville, Massachusetts, as early as
1833 or 1834, advocated the construction of a railroad from New
York to the mouth of the Columbia River, by direct appropriations
from the national treasury.J This was but three or four years after
the first application of steam to railroading in America. It is
claimed, however, that Dr. Barlow's suggestion, which appeared in
the Westfield (Mass.) Intelligencer, was called forth by a series of
articles on the same subject published in the Emigrant of Wash-
tenaw County, Michigan Territory. § At Dubuque, Iowa, in 1836,
John Plumbe, a Welshman by birth, and a civil engineer by'
profession, called the first public meeting to discuss the subject of a
transcontinental railway. In the year following an article on the

* H. R. Doc. 173, 29th Congress, 1st session.

f The first steam railroad in the world was completed in 1825. It was the Darling-
ton and Stockton, in England, and was thirty-seven miles long. The first railroad in
America was begun in 1828.

J Vide E. V. Smalley's " History of the Northern Pacific Railroad."

§ Vide General W. T. Sherman's summary of trans-continental railroad construction.

HISTORY OF UTAH. 217

same topic appeared in the New York Courier and Enquirer, from
the pen of Dr. Hartley Carver.

To Mr. Asa Whitney, however, belongs the credit of formulating
the first practicable scheme for the construction of the Pacific
Railway. In addresses to state legislatures and in a series of
popular meetings he agitated the question from 1844 to 1850. He
proposed that the railroad should begin at Prairie du Chien
on the Mississippi, cross the Rocky Mountains at South Pass and fix
its western terminus on Vancouver Sound, with a branch line running
to San Francisco. His proposition was that the road should be built
by the sale of the public lands along its line, and he asked from
Congress a free grant of alternate sections for a width of thirty
miles on each side, to be given to himself, his heirs and assigns for
that purpose. Whitney's idea was to establish across North
America the route of Asiatic commerce to Europe.

These hints and suggestions were sufficient to set many tongues
talking upon the theme, especially after the Pacific coast began to
be settled by emigrants from the Eastern States. And yet to most
people the idea seemed impracticable and absurd, and though much
talked of was treated as a Utopian dream, a romance that would
never be realized.

Brigham Young thought it feasible, however, when in the spring
of 1847 he with his pioneer companions ascended the valley of the
Platte, marking out as he went the route over which he believed the
great iron way would eventually pass. That the track of the Union
Pacific Railway is laid for hundreds of miles along that very route,
pronounced by competent engineers to be the best that could possibly
have been selected for the purpose, is only another evidence of the
far-seeing sagacity of America's foremost colonizer.

Mr. Joseph Nichols, in his " Condensed History of the Construc-
tion of the Union Pacific Railway," speaking of Brigham Young's
preparations to lead his pioneer band westward, says : "After every
possible and impossible route from each point on the Missouri River
between Kansas City and Sioux City had been thoroughly explored

218 . HISTORY OF UTAH.

and measured, the shrewd and wily leader, who had more at stake
than any man who ever crossed the western prairies, chose the North
Platte route. The speed and safety with which he and his followers
traversed it show the careful consideration he had bestowed upon
the subject and attest a sagacity and prudence which only a
thorough knowledge of the country would enable him to employ."
Mr. Nichols here takes a view of the matter extremely natural under
the circumstances to one not thoroughly conversant with the facts.
Shrewd and sagacious Brigham Young undoubtedly was, and very
prudent withal, but the statement that he possessed at the time
mentioned "a thorough knowledge of the country" he was about to
traverse is an error, as is also the assertion that prior to choosing
the North Platte route, he caused to be "thoroughly explored and
measured" every other route leading westward from the Missouri
between the two points named. The records of the Pioneers make
no reference to such explorations. Mr. Nichols, whose interesting
little book we have perused with pleasure, was evidently misin-
formed upon this point. Brigham Young chose the North Platte
route for his pioneer journey and the after emigration of his
people, not from "a thorough knowledge of the country, "-
the unknown wilderness into which, trusting in Providence,
he was about to plunge, — but from that intuition which so
often stood him in stead where knowledge was absent, and which
formed one of the most striking characteristics of his remarkable
mentality. Intuition may be inborn knowledge, the fruit of past
experience, as occult science declares, but it is not the knowledge
gained in the present life from the study of our immediate surround-
ings. Brigham Young knew little or nothing of the route ahead of
him and his pioneer followers, but he had faith in God and
confidence in his destiny, and as some lonely horseman, uncertain
of his course, trusts to the instinct of the noble steed he bestrides
and lets him choose the path to be pursued, so he, setting his face
toward the unknown West, let fall the reins of will about the neck
of fate, and Columbus-like confidingly followed where intuition

HISTORY OF UTAH. 219

pointed out the way. He chose the route in question, and marked
out the future path of the locomotive across the plains, just as he
a little later selected Salt Lake Valley as the most eligible site for a
great city in all the interior basin of North America, — not from any
previous acquaintance with the country, but from his intuitive,
inborn knowledge that his choice was correct.

Three years after the Pioneers crossed the plains the first
Pacific railway bill was introduced into Congress. It was by Senator
Benton, of Missouri, who had probably drawn a portion of his idea
from his son-in-law Colonel Fremont, the famous explorer, who in
1842 had visited the South Pass, and subsequently Great Salt Lake
Valley and beyond, as related in the first volume of this series.*
Congress, however, had discussed, incidentally to other questions,
that of the Pacific Railroad, years before the introduction of the
Benton bill, and, as shown, the subject was already being agitated in
state legislatures and public meetings, through the energetic efforts
of Asa Whitney and others. Whitney's project was condemned by a
Pacific Railroad convention which met at St. Louis in the fall of

1849. The president of that convention was Senator Stephen A.
Douglas, who subsequently reported a bill in Congress for the
construction of the great railway.

It was doubtless the agitations of Mr. Whitney and others that
caused Captain Stansbury — who probably conversed with Brigham
Young about the matter — on returning from Utah in the summer of

1850, to survey a railroad route across the plains. A year later Hon.
S. B. King submitted a plan for the building of the road, which met
with popular favor. He proposed that the Government should
guarantee to any company or any persons who undertook and com-
pleted the road a net dividend of five per cent, for fifty or a hundred
years. The cost of the road was not to exceed a certain sum, its
construction was to be under the supervision of an engineer

* Benton said that he hoped to live to see a train of cars thundering down the
eastern slope of the Rocky Mountains, bearing in transit to Europe the silks, the teas and
spices of the Orient.

220 HISTORY OF UTAH.

appointed by the Government, and the guarantee was not to begin
until the road had been completed and equipped for operation.

It was early in 1852, as the reader will remember, that the Utah
Legislature first memorialized Congress for the construction of
"a national central railroad to the Pacific coast," and for the
establishment of a transcontinental telegraph line. This was the
first step taken in that direction by the Legislature of the Territory,
but a bill for the construction of such a railroad had previously
been introduced in the General Assembly of the Provisional State of
Deseret.*

In 1853-4 as many as nine railway routes were surveyed across
the continent, one of which was that of the Central Pacific Railroad
Surveying Expedition, commanded by the ill-fated Captain Gunnison,
who with a portion of his party was massacred by the Pauvant
Indians on the Sevier. These surveys were authorized by Congress,
which had appropriated between three and four hundred thousand
dollars to defray the necessary expenses, and were made by order of
Hon. Jefferson Davis, then Secretary of War. California by this
time was so sanguine over the coming of the great railway, that her
Legislature had passed "an act granting the right of way to the
United States for railroad purposes."

In January, 1854, a mammoth mass meeting at Salt Lake City
took steps toward memorializing Congress for the construction of a
railway from the Missouri River to the Pacific coast, via South Pass
and Salt Lake Valley. That same month the Utah Legislature had
petitioned Congress for the railway, recommending a route across the
Rear and Weber rivers to Kamas Prairie, then down the Timpanogas
or Provo river, into and across Utah Valley. Nebraska becoming a
Territory that year, also began agitating the railway subject through
her Legislature. Other legislatures did likewise until finally the
attention of the whole country was called to it, and it became one of
the leading political questions of the time. Both the Democratic

* Hon. George A. Smith reported this bill. Says he: "Some of the members con-
sidered it a joke, though I was never more in earnest."

HISTORY OF UTAH. 221

and the Republican parties in 1856, and again in 1860, made
prominent mention of the railway in their platforms and pledged
themselves to aid in appropriate legislation. "One of the greatest
necessities of the age, in a political, commercial, postal and military
point of view," said the Democratic Convention at Charleston,
South Carolina, in April, 1860, "is the speedy communication
between the Pacific and Atlantic Oceans." The Republican
Convention at Chicago, in May of the same year — when Lincoln was
nominated for President — declared that "a railroad to the Pacific
Ocean is imperatively demanded by the interests of the whole
country; that the Federal Government ought to render immediate and
efficient aid in its construction, and that preliminary thereto a daily
overland mail should be promptly established." Presidents Pierce,
Buchanan and Lincoln all made mention of the Pacific Railway
in their messages to Congress, and called attention to the necessity
of the Government aiding in its construction. Prior to 1860 the
legislatures of eighteen states had passed resolutions in its favor.
The main arguments put forth to warrant and render imperative
such an institution, were the development of the western country,
the attracting of Asiatic commerce across the Pacific and through
the United States to Europe, and the protection of the western coast
against the possibilities of foreign invasion. The last idea became
paramount after the breaking out of the Civil War, it being thought
imminent at one time that France and England would form an
alliance with the Southern States and help them to gain their
independence. It was then that President Lincoln referred to the
Pacific Railroad as "a military necessity." Hon. Thaddeus Stevens,
of Pennsylvania, said: "In case of a war with a foreign maritime
power, the travel by the Gulf and Isthmus of Panama would be
impracticable. Any such European power could throw troops and
supplies into California much quicker than we could by the present
overland route. The enormous cost of supplying our army in Utah
may teach us that the whole wealth of the nation would not enable
us to supply a large army on the Pacific Coast. Our Western States

222 HISTORY OF UTAH.

must fall a prey to the enemy without a speedy way of transporting
our troops."

Had Congress authorized the construction of the great railway
prior to the beginning of the war, it is very probable that its
eastern terminus would have been fixed at St. Louis, or at some
other point in the Southern States, instead of so far north as Omaha,
which then had a population of only five thousand souls, and was
little more than a frontier town in the midst of a sparsely settled
region. Many Southern statesmen, prior to 1860, were in favor of
constructing the road on the line of the thirty-fifth parallel, in
which event, according to the able and eloquent argument of Creed
Raymond, Esq., general solicitor of the Central Pacific Railroad
Company, to a select committee of the United States Senate in March
and April, 1888, "the South Avould have been united by rail with
the Pacific coast, its population would have been diverted in that
direction, and it is not beyond the bounds of possibility that the
annual product of the gold of California during the years of the
war would have flowed into and enriched the Confederate treasury,
while the port of San Francisco might have sheltered its infant
navy." Rut Congress did not act in the matter until after the war
broke out, and the power and authority to say where the Pacific
Railway should begin, and how it should be built, was then in the
hands of the friends and not the foes of the Union.

First came, in 1861, the charter for the Pacific Telegraph,
granted to Edward Creighton, of Omaha, and under which the
Pacific or Overland Telegraph Line was constructed ; being completed
to Salt Lake City in the autumn of that year. Then followed the
Pacific Railroad act, which, having passed both houses of Congress,
was signed by President Lincoln on the 1st of July. 1862.

The sponsor if not the framer of the bill from which this act
was created was Mr. Rollins, of Missouri. The design of the act was
to aid in the construction of a railroad and telegraph line from the
Missouri River to the Pacific Ocean and to secure to the Government
the use of the same for postal, military and other purposes. The

HISTORY OF UTAH. 223

aid rendered by the Government to the companies building the road
was a loan of Federal bonds for thirty years, — sixteen bonds, or
$16,000 for each mile of railroad and telegraph line completed* — and
a gift of twenty million acres of land. This gift was to include
every alternate section of public land designated by odd numbers,
to the amount of five alternate sections per mile, on each side of the
road on the line thereof, within ten miles of each side,f not sold,
reserved or otherwise disposed of. This not being a sufficient
inducement to enlist private capital in the enterprise, Congress in
1864 passed an amendatory act, offering still greater inducements,
and under its provisions the Union Pacific and Central Pacific rail-
ways were built, constituting one continuous line from the Missouri
River to the Pacific Ocean.J

The act of 1862 provided for the creation of the Union Pacific
Railroad Company, and named its members, selecting them from all
sections of the North. The South, being in rebellion, was of course
not represented. The company was not organized, however, until
over a year later.

The Central Pacific Company, which was allowed to construct
the western portion of the line and share in the advantages of the
contract between the builders and the Federal Government, was

* In some places this amount was increased to $32,000 per mile, and in other places
to $48,000.

fThis was afterwards increased to twenty miles for the greater portion of the way.

J Says General G. M. Dodge, in his interesting paper on Transcontinental Railways,
read before the Society of the Army of the Tennessee at its 21st annual reunion, at
Toledo, Ohio, September 15. 1888: "The experience of the war made possible the
building of this trans-continental railroad, not only physically but financially. The
government, already burdened with billions of debt, floated fifty millions more, and by this
action it created a credit which enabled the railroad company to float an equal amount,
and these two credits, when handled by men of means and courage, who also threw
their own private fortunes into the scale, accomplished the work. If it had been proposed,
before the war, that the United States should lend its credit, and issue bonds to build a
railroad 2,000 miles long, across a vast, barren plain only known to the red man, unin-
habited, without one dollar of business to sustain it, the proposition alone would have
virtually bankrupted the nation."

224 HISTORY OF UTAH.

•
already in existence, having been organized in 1861, under a general

law of the State of California. The plucky West, represented by the
Golden State, and that State by such men as Leland Stanford, Collis
P. Huntington, Charles and Edward Crocker, Mr. Hopkins and Mr.
Judah had conceived the idea, as early as 1860, of building with
their private fortunes, aided perhaps by the State, a railroad across
the Sierras into the heart of the desert Basin, and thence on to meet
the advance of civilization from the East. To that end they organized
in the year following, the Central Pacific Railroad Company, having
previously caused a route for their line to be explored and surveyed
across the Sierras. It was in consideration of these facts that
Congress permitted that company to share with the Union Pacific
the aid granted by the Government.

The Central Pacific Company, having accepted in October, 1862,
the conditions of the contract, prepared at once to begin operations,
and on the 8th of January, 1863, the first shovelful of earth was
turned at the city of Sacramento, it being the western terminus.
From that point connection was to be made with the Pacific by
steamboats on the Sacramento River. Subsequently, however, the
Western Pacific Company obtained a grant to build an extension of
the railroad from Sacramento to San Jose. That road, partly com-
pleted, was purchased by the Central Pacific people, who pushed it
through to the Bay of San Francisco.

Meantime, in the far East, was being organized the Union
Pacific Railroad Company. After some delay and a preliminary
meeting at Chicago in September, 1862, the organization was
formally effected in the city of New York, October, 1863. The
officers were: John A. Dix, President; T. C. Durant, Vice-President;
John J. Cisco, Treasurer, and Henry V. Poor, Secretary.

Next came the selection of the initial point or eastern terminus
of the road. Congress had left that duty to the President of the
United States. At this time three railway lines were being extended
across the State of Iowa toward Council Bluffs, nearly opposite
Omaha. That being regarded as the most eligible place, President

HISTORY OF UTAH. 225

Lincoln decided that it should be the initial point of the Union
Pacific Railroad. On the 2nd of December, 1863, a telegram from
New York announcing this decision, was received by Peter A. Dey,
the company's chief engineer, at Omaha, and that afternoon, in the
presence of an enthusiastic throng, the first ground was broken for
the building of the main division of the mighty thoroughfare.

Among the speakers at the impromptu celebration arranged in
honor of the event was the eccentric orator, George Francis Train,
who made a characteristic speech during which he predicted, amid
the smiles and laughter of his incredulous hearers, that the railway
would be completed before the year 1870.* Congratulatory telegrams
were received by the Committee of Arrangements at the celebration
from Brigham Young, Governor Stanford of California, Hon William
H. Seward, Secretary of State, and other notables.

For the Union Pacific Company explorations westward were made
by Surveyors Reed, Dey and Brayton. According to General Dodge,
who, in 1853, had made a private survey for a railroad west of the
Missouri, Mr. Reed confined his work to crossing the Rocky
Mountains to reach the Great Salt Lake Basin.f Operations were
then suspended.

Under the provisions of the act of 1862, the Union Pacific
Company found it impossible to engage sufficient capital to justify
it in pushing forward the great and hazardous enterprise it
had undertaken. Consequently, after the breaking of the first
ground in December, 1863, further work was postponed. Then came
the passage of the act of 1864, to which reference has already been

* Congress had given the companies until July, 1876, to build the road. It was
completed in May, 1869, more than seven years within the legal limit.

f In an interview with President Young, Mr. Reed, it is said, was told by the Mor-
mon leader that he might explore all over the country between the Missouri River and the
Great Salt Lake and he would find the best route for a railroad would be up the Platte
River to the junction of the North and South Platte, then up the North Platte to Platte
bridge, over the hills to the Sweetwater, up the Sweetwater to South Pass, through the
Pass and then by the most direct route to Green River, thence up the Muddy and by way
of Bear River to Echo Canyon and then down the Weber.

15-VOL. 2.

226 HISTORY OF UTAH.

made, giving larger aid in land grants, allowing first mortgages to be
put upon the road, — said mortgages to be superior to the lien of
the United States, — and offering other inducements to the con-
structors. Thus encouraged, the Union Pacific Company resumed
operations.

Grading on its line began in the fall of 1864, and the first rail of
its track was laid in July following. In 1865 forty miles of track
were laid, in 1866 two hundred and sixty miles, and in 1867 two
hundred and forty miles.* Much of this, as already stated, was over
the "old Mormon road," up the north bank of the Platte. In order
to shorten the route, however, the railway crossed the river near the
North and South Platte junction and instead of going through South
Pass went over the mountains at a point called Sherman, so named
in honor of General W. T. Sherman, by General Dodge, who
discovered this new pass over the back-bone of the contineut.f
Sherman, for years the highest point reached by any railway in the
United States, is about 8,240 feet above the sea level. In 1868 and the
early part of 1869, which witnessed the road's completion, the Union
Pacific Company laid five hundred and fifty-five miles of track.
While much of the line was being built Oliver Ames was president
of the railroad company and Sidney Dillon president of the
construction company, with Oakes Ames and other eastern capitalists

* These and other items are gleaned from General Dodge's paper referred to
previously.

f General Sherman had been for many years deeply interested in the Pacific Railway
problem, and was a great friend and the ideal hero of General Dodge. Said he at the
reunion of the Society of the Army of the Tennessee, already mentioned: "When the Civil
War was over you must all remember that I was stationed at St. Louis, in command of all
the troops on the western plains as far out as Utah. 1 found General Dodge as consulting
engineer of the Union Pacific Railroad, in the success of which enterprise I felt the
greatest possible interest. I promised the most perfect protection, by troops, of the recon-
noitering, surveying and construction parties, and made frequent personal visits on
horseback and in ambulance, and noticed that the heads of all the parties had been
soldiers during the Civil War." General Sherman, it seems, while in California, in 1846,
had directed Lieutenants Williams and Warner to survey for a feasible railway route
through the Sierra Nevada Mountains.

HISTORY OF UTAH. 227

among its directors and stockholders. At the time of the road's
completion, however, T. C. Durant was president, of the company ;
Sidney Dillon, vice-president, and G. M. Dodge, general superin-
tendent.

The Central Pacific Company, prior to the passage of the act
of 1864, built thirty-one miles of road, connecting Sacramento with
Newcastle, on the western slope of the Sierras, and then suspended
labor for lack of funds. After the passage of that act, which
improved the credit of the promoters of the enterprise, it was
enabled to move on eastward, though great were the difficulties
it encountered in crossing the mountains. So much was this the
case that although the Central Pacific had built between thirty and
forty miles of road before the Union Pacific had finished a mile of
grading or laid a single rail, the latter company, after beginning
operations, felt confident, notwithstanding the superhuman task it
had undertaken, that it would be able to push its line over the
Rockies, across Utah and Nevada, and up to the very base of the
Sierras, while the Central Pacific was struggling through those
mountains. With this end in view the Union Pacific engineers had
surveyed their route as far west as the State line of California. The
engineers of the Central Pacific had located their line only as far
east as the mouth of Weber Canyon.

The railroad from Newcastle across the Sierras to Wadsworth,
on the edge of the Nevada desert, a distance of a hundred and fifty-
seven miles, was built between February, 1865, and July 1868, with a
force averaging between ten and thirteen thousand men. The road
from Wadsworth to Ogden, — for the Central Pacific Company, prior
to bringing its main line into Utah, in order to avoid delay at the
last constructed its grade from a point two hundred miles west of
Ogden to the Junction City, — was built between July, 1868, and May,
1869, with a force averaging five thousand men.* It is estimated

* Three miles west of Promontory station a sign-board informs the passer that ten
miles of track were there laid in one day, and ten miles farther west a similar sign-board
appears. This track was laid on April 29th, 1869, and is believed to be the largest num-
ber of miles ever laid in one day.

228 HISTORY OF UTAH.

that fully twenty-five thousand men and six thousand teams were
employed along the lines of the two great railways advancing
with giant strides to meet each other on the shores of America's
dead sea.

HISTORY OF UTAH. 229

CHAPTER XI.

1868-1869.

THE RAILROAD IN UTAH COMPETITION BETWEEN THE RIVAL LINES "SHALL THE ROAD RUN

NORTH OR SOUTH OF THE LAKE?" GRAND MASS MEETING AT SALT LAKE CITY, INVITING THE

RAILROAD TO COME THIS WAY BRIGHAM YOUNG ACCEPTS A CONTRACT TO HELP BUILD THE

UNION PACIFIC BENSON, FARR AND WEST ON THE CENTRAL PACIFIC OTHER UTAH CONTRAC-
TORS ARRIVAL OF THE IRON HORSE AT OGDEN THE DRIVING OF THE LAST SPIKE AT

PROMONTORY.

'TUPENDOUS efforts were made by each of the competing com-
panies— the Union Pacific and the Central Pacific — to determine
how far east or west of the Great Salt Lake it would be able
to extend its track before meeting that of the rival road. Speed,
therefore, next to substantial construction, became the chief desider-
atum. The aim, of course, was to secure as great a share as possible
of the Government subsidy. Hence it was an object with both roads
to obtain assistance from the people of Utah.

Says General Dodge upon this point; " Reconnoissances made
'in 1862-63-64 had demonstrated that a serious question would arise
in reaching the Humboldt Valley from the western foot of the
Wasatch Mountains in the Salt Lake basin. Should the line go
north or south of the lake? The Mormon Church and all its
followers, a central power of great use to the trans-continental roads,
were determinedly in favor of the south line. But

our explorations in an earlier day unqualifiedly indicated the north
side, though an exhaustive examination was made south and only
one line run north, it being our main line to the California State line
surveyed in 1867. The explorations by parties south of the lake,
and the personal examinations of the chief engineer, determined
that it had no merits as compared with the north line; and on such

230 HISTORY OF UTAH.

report the north line was adopted by the company and accepted by
the Government."

That the Mormon people, and not only they but the Gentiles,
residing at Salt Lake City and south of that point, were "determin-
edly in favor of the south line," along which the railway would have
run directly through Utah's metropolis instead of passing it by forty
miles to the northward, is not surprising. It would have been
astonishing had they not been in favor of it. That the road when
constructed might run through Salt Lake City had been the
substance of their memorial to Congress ten years before the Union
Pacific Company had graded any part of its line, and nine years
before that company came into existence. For various reasons the
citizens of Salt Lake, and of Utah generally, with comparatively few
exceptions, were heartily in favor of the railway passing through the
chief city of the Saints. In addition to the material benefits, which
all classes hoped to derive, the Gentiles were particularly desirous
that the civilizing agency of the locomotive should touch Mor-
monism at its heart's core, in its very stronghold, thus assisting them
to the utmost in their mission of "regeneration." The Mormons,
on the other hand, all undaunted at the prospect, were just as
anxious to have the test applied. They were perfecly willing that
the waves of "Gentile civilization" should surge against the walls of
"Israel's barbarism;" feeling confident that the issue would but
vindicate their position, and that their religion, which claimed to
circumscribe and contain within it all and even more than Gentile
civilization could bestow, would still live and thrive, though sur-
rounded and penetrated in every part by railways. They maintained
that the whistle of the locomotive and the click of the electric
telegraph, instead of writing the epitaph of Mormonism, as many of
the Gentiles were fondly hoping and predicting, were in reality
inscribing in prophetic language one chapter of its future greatness
and glory. Other Mormons, less enthusiastic, while contending that
their faith was amply able to stand the test of contact with outside
influences, conceded that if it could not, then the sooner it went by

HISTORY OF UTAH. 231

the board the better. Thus all classes, or nearly all, were in favor
of the railroad passing through Salt Lake City.

And through this city it undoubtedly would have passed if its
builders could have seen their way clearly to that end; for Utah's
capital was bound to have a railway, whether the U. P. and C. P.
companies built it or not, and it was manifestly to the ultimate if not
the immediate advantage of those companies to have their roads
come this way. The author places no reliance in the story, once
prevalent in these parts, that the railroad was built around the
north side of the lake and missed the metropolis of Utah on purpose
to spite Brigham Young and the Mormons. Unreasonable as anti-
Mormon prejudice sometimes is, such a view as that is quite as
much so. The men who built the Pacific Railway were not the
small-souled bigots that such a conclusion would imply. Neither do
we think that Rrigham Young thought they were. It is perfectly
plain that financial considerations alone influenced the choice of the
northern in lieu of the southern route. Mistake it may have been,
as many still maintain, but that it was deemed by the companies to
be to their best advantage at the time, is not disputed.

Rut General Dodge continues : " Brigham Young called a confer-
ence of his church and refused to accept the decision ; prohibited his
people from contracting or working for the Union Pacific, and threw
all his influence and efforts to the Central Pacific, which just at that
time was of great moment, as there was a complete force of Mormon
contractors and laborers in Salt Lake Valley competent to construct
the line two hundred miles east or west of the lake, and the two
companies had entered into active competition, each respectively to
see how far east or west of the lake they could build, that city being
the objective point and the key to the control of the commerce of
that great basin.

"The Central Pacific Company entered upon the examination of
the lines long after the Union Pacific had determined and filed its
line, and we waited the decision of their engineers with some
anxiety. We knew they could not obtain so good a line, but we

232 HISTORY OF UTAH.

were in doubt whether, with the aid of the Mormon Church and the
fact that the line south of the lake passed through Salt Lake City,
the only commercial capital between the Missouri River and Sacra-
mento, they might decide to take the long and undulating line;* and
then would arise the question as to which (the one built south, the
other built north, and it would fall to the government to decide)
should receive the bonds and become the trans-continental line.
However, the engineers of the Central Pacific, Clements and Ives,
took as strong ground, or stronger than we, in favor of the north
line, and located almost exactly upon the ground the Union Pacific
had occupied a year before; and this brought the Mormon forces
back to the Union Pacific, their first love."

Upon what information General Dodge based his statement that
Rrigham Young called a conference of his church, refused to accept
the decision concerning the northern route, and prohibited his
people from contracting or working for the Union Pacific Railroad,
we are not aware. We only know that such a statement is at vari-
ance with the facts. After diligent research through the records and
newspapers of that period, conversing with dozens of prominent
citizens, Mormon and Gentile, who were in Utah at the time, and
ransacking his own memory of local events in the "sixties,"' the
author has been unable to find a single scrap of evidence that
such a conference was ever held or such a prohibition ever
attempted. It is a fact, however, that on the 10th of June, 1868,
just as the railway was about entering Utah, a large and enthusiastic
mass meeting of Mormons and Gentiles convened in the great
Tabernacle at Salt Lake City and unanimously passed resolutions
welcoming the advent of the iron horse, and expressing the earnest

* General Dodge, it appears, considered the southern line the longer. A glance at the
map does not disclose much difference between them, for though the U. P., had the south
line been followed, might have been a little longer, the C. P. would have been a little
shorter, and thus matters would have been equalized. The south line crossed a desert,
but it avoided the Promontory Mountains. General Dodge claims in his paper that the
line adopted from the Missouri to the Pacific was the true commercial route across the
country.

HISTORY OF UTAH. 233

wish that the road might come this way. Our citizens were not then
aware that any decision had been reached regarding the route
around the lake. Brigham Young, therefore, could scarcely have
rejected such a decision. And so far was he from prohibiting his
people from contracting or working for the Union Pacific that only a
few days before the mass meeting convened he accepted from the
company's superintendent of construction, Samuel B. Reed, Esq., a
contract to grade ninety miles of its road, from the head of Echo
Canyon to Salt Lake Valley. Brigham Young at this time was a
stockholder in the Union Pacific Company.

The movement for the mass meeting began on Monday evening,
June 8th, when a number of prominent citizens held a preliminary
meeting, of which J. M. Carter, a Gentile lawyer, was chairman, and
A. W. White, another Gentile, was secretary. It was there resolved
to call a mass meeting of the citizens, "that expression might be
given to the popular feeling relative to the railroad coming past this
city," and the following named gentlemen were appointed a com-
mittee to draft resolutions to be presented at that meeting: General D.
H. Wells, Hon. George Q. Cannon, Messrs. J. R. Walker, T. B. H. Sten-
house, Warren Hussey and Henry W. Lawrence. Wednesday, June
10th, having been decided upon as the day for holding the mass meet-
ing, and President Young having offered the use of the large Taber-
nacle for that purpose, at five o'clock in the afternoon fully three
thousand men came together, representing all classes of the com-
munity. The most prominent citizens of the Territory were among
the audience or upon the stand.

After music by Captain Croxall's band, Warren Hussey, the
Gentile banker, moved that President Brigham Young be elected to
preside over the meeting. The motion was carried unanimously.
Colonel F. H. Head, Indian Superintendent, was unanimously chosen
Vice President, and Charles E. Pomeroy and David W. Evans were
appointed secretaries. Postmaster A. W. Street and Attorney
Thomas Marshall, both non-Mormons, were added to the Committee
on Resolutions, who then retired to frame their report. While they

234 HISTORY OF UTAH.

were absent speeches were made by President Young and Colonel
Head, from which we here present extracts :

PRESIDENT YOUNG:

If I could direct the route they [the railroad people] should take I should have it
down through Echo and Weber canyons, and from there through the lower part of Salt
Lake City, and then pass the south side of the lake to the Humboldt. Whether it is the
province of this community to dictate in this affair will be better understood when the
track is laid. We are willing to do our share of the work provided we get well paid for
it. I suppose the committee will give their report and endeavor to shape their resolutions
as near as possible with the wishes of this community. Whether I have hit the mark or
not I do not know. I know what my wishes are, and I understand what would be for
our benefit in building this railroad.

We have undertaken to do a certain section as far as the grading is concerned.
Whether we shall have the privilege of hearing the whistle and snorting of the iron
horse with every train of cars that passes from the west to the east, I do not know.
Still I would like to hear the whistle and the puffing of the iron horse every evening and
through the night, in the morning and through the day. If the Company which first
arrive should deem it to their advantage to leave us out in the cold, we will not be so far
off but we can have a branch line for the advantage of this city.

I believe that some have the idea that wherever the line goes there will be large
cities built on its track; and at the junction of the two roads there must be a great deal
of money expended for material and labor in erecting large machine shops. Whether
they meet in this city, at the mouth of Weber, at the Humboldt Wells, on the desert
south of the lake, or in the mountains north of the lake, has yet to be told. I am certain
of one thing and that is that the Eastern Company is determined to meet the Western
Company as far west as possible, and that the Western Company is determined to meet
the Eastern Company as far east as possible, but whether the junction will be in our city
or in the vicinity adjacent I do not know."

COLONEL HEAD:

There are certain classes of truths that are known as axioms — truths that are
entirely so self-evident that upon them all argument and demonstration are lost. Suppose,
for instance, that the most eloquent speaker we have here tonight should undertake to
prove to you that a circle is round. I think it would be a very difficult thing to demon-
strate. You all know it just as well as he does. Or if with his ingenuity he should go
to work to convince you that the ladies of the country are altogether lovely, I think it
would be an equally difficult task. That is something everyone understands, or if he
does not he cannot be made to understand it. [Applause.] And no matter how
ingenious the argument, I think love's labor in that case would be lost. Now it seems to
me, gentlemen, that this question about the location of the railroad is very near, if not
quite in the same class of truths to which I have just referred. It is something so
exceedingly self-evident, that we would all of us like to live on the grand trunk line of
the great continental highway rather than on any of its branches, that it is very difficult

HISTORY OF UTAH. 235

to argue the question at all. It is something we all know without any argument. It is
like an axiom, it cannot be proven.

For myself I have always felt a high degree of confidence that the road would come
through Salt Lake City. Not that I had a better means of knowing this than any of, the
rest of you ; but it always appeared to me that there were good reasons for the faith that
is in me. Now we all know that the business of building railroads in the last few years
has undergone a remarkable change. We can all of us remember when the question in
building a new line of railroad was simply and solely the material statistics. " How
much freight and how many passengers will go over that line in case it was built?"
These statistics were all very good and necessary ; but at the same time in the construc-
tion of a great work like the Pacific Railroad — the great continental highway, there is
necessarily a very different order of talent brought into requisition. It is necessary to
have the highest order of statesmanship and profoundest knowledge of political economy
to solve such great and wonderful problems as that railroad will solve. It is no child's-
play to revolutionize the commerce of the whole world, and that is something that
railroad is bound to accomplish.

A long way to the westward are those mysterious lands which we have all read
about in childhood, always shrouded in mystery and romance. Those lands to which
Columbus tried in vain to find a pathway ; those lands of which Marco Polo wrote his
tales of wonder ; China, Japan, Cathay, Tartary, India, and all those countries that lie
afar off in the west. What a crowd of old associations and curious recollections come up
in our minds at the mention of their names ! Can it be possible that those lands are
almost at our very doors? We have the evidence before us that in a very few months
this miracle will have been accomplished. The city of San Francisco is the golden gate
through which we can all pass into all the mysteries of Oriental life. Leadenhall Street,
the old headquarters in London of the East India trade, will live again in San Francisco.
New East India companies mightier than the old shall there be born. Bulls and bears
from all quarters of the world will sport in San Francisco. Bulls in sandal wood and
bears in aromatic gums. Bulls in silk and bears in tea, and lame ducks in the opium
trade. Upon the exchange at San Francisco will soon be transacted this business for the
world. The merchant princes of New York, Paris, London, Liverpool, Berlin and St.
Petersburg will meet on the wharfs of San Francisco and there battle for the commerce of
continents. Now to accomplish a work like this requires a high order of statesmanship.
The directors and engineers of the Pacific Railroad have a marvelous work before them ;
not only in scaling the snow-capped mountains and in traveling wild and inhospitable
deserts, but in the opening of a new civilization. And the marvelous energy and rapidity
with which they have pushed the work forward up to this time, show that they are equal
to the task to which they have set their hands. It is this confidence which I have in
these directors — in their energy, intelligence and far-sightedness which makes me feel
hopeful and almost certain that the railroad will pass through Salt Lake City.
[Applause.]

There is not only the through carrying trade to be sought for between the extreme
East and West for the whole world, but there is the development of the interior basin of
our country, of Territories whose area is that of continents. These are to be built up

236 HISTORY OF UTAH.

and developed; and this is a work of scarcely less importance and magnitude than the
carrying trade of the nations. And it seems to me that these directors and managers of
this great national enterprise can not but see this. They have seen and discussed it,
and they will of course consider the best means of accomplishing that end. They do not
care about building up temporary shingle cities like Cheyenne. They want great com-
mercial towns, wealthy cities and commonwealths all along the line of their road to feed
it and furnish it business. It is not the object of those directors to have their road run
through poor, miserable, desert country with here and there a few impoverished inhab-
itants. They wish to pass through a wealthy country. They wish to develop to the
utmost the resources of all this interior basin.

The interests of the Pacific Railroad and the interests of the people of Utah are
identical. [Applause.] They will get their tithing on all our dollars, and they want us
to have just as many dollars as possible. [Applause.] For that reason it seems to me
that it would be the height of folly for the directors and managers of this great enterprise
to pass by what has been accomplished in this Territory for the past twenty years.
[Applause.] Here is a commercial center already made. On every hand we find the
evidences established of commerce and trade. Our merchants are known in New York
and San Francisco. Here is a labor of twenty years, and a wonderful labor it is, and
can it be possible these railroad men, among whom are some of the most enterprising
in the nation, can it be possible that they will go somewhere else to build up a town and
thus throw away the advantages offered by the labors of this people for twenty years • It
seems to me that we are doing great injustice to the sagacity and business perceptions,
quick intellects and shrewd tact of the men who have this matter in charge, to suppose
that they will be guilty of anything of the sort. [Applause.] Most certainly we are,
unless there is some great reason for them doing so, and that no one claims. If this
country were a desert as when you came here, as described by President Young, it would
then be about an even question whether the road should go north or south of the lake;
each road has its advantages and disadvantages. The northern route, it is claimed, is a
trifle shorter; but it passes along the foothills of the Goose Creek mountains, where there
is a great deal of snow in the winter, besides various other disadvantages. On the route
south of the lake there is a desert to contend with ; and the advantages and disad-
vantages on the two routes are substantially equal. There is no particular difference from
what I can learn in favor of one route over the other. But it seems to me that the fact of
this city being the metropolis of the Territory and of the surrounding mining territories
and the center of their business for the last ten or fifteen years, is of itself enough to
decide the question." [Applause.]

The band played "Hail Columbia," and the Committee on
Resolutions then reported as follows :

Resolved, That Utah welcomes to her borders the coming railroad, and hails with
pleasure closer contact and more intimate relations with her friends east and west.

Resolved, That every advancement in civilization and enterprise will always and at
all times receive a helping and friendly hand from the people of Utah.

HISTORY OF UTAH. 237

Resolved, That it is the wish of this meeting that the railroad shall come to this city
and pass by the south side of the lake, and for that purpose proper and suitable grounds
for depot, machine shops and improvements can be obtained within this city.

Resolved, That one hundred thousand citizens of this nation demand that this great
national work shall be performed for national good and for the people's benefit and not
for private profit or personal speculation.

Addresses were next delivered by Thomas Marshall, Esq.,
Apostles John Taylor and George A. Smith, President Young and
Hon. George Q. Cannon. Extracts from all are here given.

THOMAS MARSHALL:

The highway of commerce is now open for Eastern Asia, and no longer will Great
Britain absorb in her own hands the commerce of the Indies. Young America speaks
today and her voice declares that the old time is passing away, and marks that coming age
and generation which is now engraved on the book of time that shall never be eradicated
or erased. [Applause.] We have seen within the last few years, first the pony express
spanning the desert ; next the stage coach, and now the iron horse. We, gentlemen,
citizens of this grand Republic, residents and people of Utah, speak today, and our voice is
that we have a right to tell our servants that we want here amongst us this great work for
which we have prayed and for which we have labored. [Applause.] That, gentlemen,
is the object of this meeting; that is what we are here for. It is to speak the sentiments
of the people, to say what Utah wants, what Utah demands of Washington. [Applause.]
We have long filled and continued to fill a Territorial position ; but, sir, that time is
rapidly passing away and soon our mountains will be populated, our mines worked, and
speedily the ports of the nations of God's globe will be opened up to us.

The impression seems to be abroad that Utah and this city do not wish the railroad
here. From what that impression arose, God alone knows, not I. I have seen in my
intercourse in this city that every man, woman and child wanted it here; wanted to speed
their intercourse with the people of the United States of whom we form a part.
[Applause.] They want no longer to pay great freights, and the people here know that
the coming of the railroad will do away with this. Gentlemen, we shall no longer see
the commercial pursuits of this city monopolized by a few large capitalists: but soon men
of honesty and industry, with small means will do a fair proportion of the commerce
of Utah.

In conclusion I will say that I heartily endorse every word of the resolutions you
have passed. Every word of them is but an echo of my own sentiments, as I know and
feel that it is of this people. [Applause.]

JOHN TAYLOR:

The railroad is now the great topic of conversation, and occupies the attention of all
classes of men. The engineer in its construction, the contractor in his arrangements, the
mechanic and laborer in giving the hard knocks, carrying out their plans, the farmer in

238 HISTORY OF UTAH.

providing the grain, beef, butter and eggs, and the merchant in catering to the wants ot

all. All seem interested.

### * # * #• # *

I remember very well the time when there were no railroads, or steamboats, or
telegraphs, or gaslight. Very soon after its completion I rode on the first railroad that
was made in the world — the one between Liverpool and Manchester, England.* .They
now form a net-work over what is termed the civilized nations of the earth, and penetrate
the remotest parts; they have passed through forests, swamps and morasses, over
high mountains and low valleys, skirted bays, outlets and promontories ; their whistle has
shrieked in the recesses of Egyptian darkness, and has awakened the sleeping echoes
among the mummies of the catacombs ; and while in Europe and America they have
been fed with coal and wood, or oil, the dead of three thousand years have been rudely
awakened from their mausoleums by the rustling, roaring, shrieking iron-horse, and the
Pharaohs — the Ptolomies of three thousand years ago, and of the then mightiest nation
whose pyramidal tombs have been the wonder of the world — have been brought into
requisition to feed the ever craving maw of the locomotive, and their dried-up muscles,
flesh and bones have been fried and frizzled and burned to propel the rushing car.

We have here no Pharaohs, nor Ptolomies, nor Nimrods, nor Nebuchadnezzars, —
nor Antonies, — nor Caesars, — nor Hannibals, — no illustrious dead ; but we have the
living, wide-awake Yankee, the Dodges, the Reeds, the Stanfords, the Grays, the Youngs,
and other celebrities. We have also the Englishman, the Frenchman, the Saxon, the
Dane, the Norwegian, who are today with bare arm, strong muscles and busy brain with
living energy, overturning mountains, shattering the granite rock, bridging the mountain
torrents, piercing the hitherto supposed impenetrable canyons, filling up the valleys, level-
ing the hills and preparing a pathway for the iron -horse.

It has been thought and charged by some that we are averse to improvements, and
that we disliked the approach of the railroad. Never was a greater mistake. We have
been cradled in the cities of the new and old worlds, where we have built locomotives,
steamboats, gas works, and telegraph lines ; nor have we forgotten our former predilec-
tions, sympathies and habits. We have always been the advocates of improvement, of
the arts, science, literature, and general progress ; and whilst we abjure the evils, the
follies, the crimes, and many of the lamentable adjuncts of civilization, we are always
first and foremost in everything that tends to ennoble and exalt mankind. Who
penetrated these deserts, opened these fields, planted these orchards, made these roads,
built these cities, and made this wilderness and desert "blossom as the rose ?" That is
no mystery. Who was the first to hail and help build the first telegraph line ? There
sits the gentleman, [President Young]. Who the first to engage in leveling these almost
inaccessible canyons? Brigham Young and his coadjutors. We believe not alone in
theories, but in facts, in what the French properly call actualities. We like not to meet
with babblers and theorists and visionaries, but with matter-of-fact gentlemen, such as are
around us here today, who, like Washington, Franklin and Jefferson, are proving by their

* A slight error. The Darlington and Stockton Railway preceded a short time the
line between Liverpool and Manchester.

HISTORY OF UTAH. 239

acts their devotion to science, progress and improvement. We meet in friendly conclave
with distinguished gentlemen connected with the eastern and western divisions of the
railroad, who have been here to exchange friendly greetings with each other and with
Brigham Young, and to plan for the greatest good of this great national enterprise. All
men of deeds, and whose acts will live when thousands less practical will be forgotten.
They .are all erecting for themselves a monument more enduring than brass or marble.
We hail these gentlemen as brothers in art, science, progress and civilization, and whilst
their hearts throb with a desire for the achievement of a great national highway, they
will meet here a hearty sympathy and cordial co-operation; hearts as true, sympathies as
strong and energy as firm and enduring as that which inspires their bosoms. We meet
on the level and part on the square.

Man by steam and electricity traverses the earth, seas and oceans, let him conquer
the air and then like a God he will have subjected all the elements to his control ; and
then if inspired by the great Eloheim, and governed by the principles of truth and virtue,
he will be the true representative of God upon the earth.

We hail, then, with pleasure this greatest work of the greatest nation of the earth.
It is a work worthy of America in its inception, its progress, and we trust in its com-
pletion. We will bare our arms and nerve our muscles to aid in the completion of this
great cord of brotherhood which is already reaching our borders.

I have heard of a few men of small minds who cavil at the terms on which it is to
be built and the price offered for labor. This is for want of better information. I am
credibly informed that President Young in his contract has been as liberally dealt with as
others. Is our labor worth more than other men's? Shall it be said of us that we have
not the same ability, energy and enterprise as other men? No, a thousand times no!
We have no time to listen to croakers. The railroad must be done, the Sandwich Islands,
Australia, Japan and China want it; Great Britain and Europe want it; America wants
it; and we want it ; and with a hearty co-operation we say to those gentlemen who have
come here as the representatives of the railroad, we bid them a hearty welcome to our
mountain home. We sympathize with them in their feelings, desires and labors, and we
will be the co-laborers with them in this herculean enterprise, and with a long pull, a
strong pull, and a pull altogether, we will accomplish the object designed, and not stop till
the restless iron horse shall pass in triumph from the Atlantic to the Pacific shore.

GEORGE A. SMITH:

1 am very much gratified with the proceedings of this meeting and the resolutions
which have been adopted. I certainly coincide with the honorable Vice- President in his
view of the necessity and certainty of the railroad passing by our city. We started from
Nauvoo in February, 1846, to make a road to the Rocky Mountains. A portion of our
work was to hunt a track for the railroad. We located a road to Council Bluffs, bridging
the streams, and I believe it has been pretty nearly followed by the railroad. In April,
1847, President Young and one hundred and forty-three pioneers left Council Bluffs, and
located and made the road to the site of this city. A portion of our labor was to seek
out the way for a railroad across the continent, and every place we found that seemed
difficult for laying the rails we searched out a way for the road to go around or through it.

240 HISTORY OF UTAH.

We had been here only a short time until we formed the provisional government of the
State of Deseret, and among the subjects of legislation were measures to promote and
establish a railroad across the continent. In a little while we were organized into a
Territory and during the first session of the Legislature a memorial to Congress was
adopted and approved, March 3rd, 1852, upon this subject, the substance of which has
been reiterated by the gentlemen who have spoken today. Speaking of this railroad
being necessary to develop the mineral and other resources of the continent and to bring
the trade of China and the East Indies across the continent, we considered it then and so
represented it in our memorials. And we knew that it was a work of necessity involving
only a question of time, and it looked to us as if the work would have been accomplished
long ere this.

Two years afterwards the matter was again under consideration, and a memorial to
Congress was adopted in which the route the railroad should take was pointed out and
singular it is that the route indicated in that memorial has been followed to a very great
extent in the location of the road thus far. All these matters we have regarded with a
great deal of interest, and yet, when I was in Washington, in 1856, I was told by a
reverend gentleman that we were " opposed to a railroad." I told the man that he must
be very ignorant of the wishes and views of the people here, or else he gave us credit for
being very fond of ox-teams and " horn telegraphs." In a memorial to Congress from
the Legislative Assembly of this Territory, adopted 1858-9, it is said "a great band of
union throughout the family of man is a common interest ; a central road would unite
that interest with a chain of iron, and would effectually hold together our Federal Union
with an imperishable identity of mutual interest, thereby consolidating our relations with
foreign powers in time of peace and steadily enforcing our rights in time of war."
These were among the sentiments that were advanced in the first three memorials. I am
very much pleased to see and realize that the work is now in progress and that our
friends are all united in its accomplishment.

PRESIDENT YOUNG:

As there are a great many persons present who know nothing concerning our first
arrival in these valleys, I want to say in reference to Brother George A. Smith's remarks
concerning the railroad, that I do not suppose we traveled one day from the Missouri
River here, but what we looked for a track where the rails could be laid with success, for
a railroad through this Territory to go to the Pacific OceaYi. This was long before
the gold was found, when this Territory belonged to Mexico. We never went through the
canyons or worked our way over the dividing ridges without asking where the rails could
be laid; and I really did think that the railway would have been here long before this;

and I do think it would if there had not been some little eruption.
*********

When we came here over the hills and plains in 1847 we made our calculations for
a railroad across the country, and were satisfied that merchants in those eastern cities, or
from Europe, instead of doubling Cape Horn for the west, would take the cars, and on
arriving at San Francisco would take steamer and run to China or Japan and make their
purchases, and with their goods could be back again in London and other European

HISTORY OF UTAH. 241

cities in eighty or eighty-five days. All these calculations we made on our way here,
and if they had only favored us by letting us have a State government, as weak as we are
we would have built railroads ourselves. Who feels this telegraph wire we put up here,
almost 500 miles? Who would feel themselves any poorer when the necessity of the
case required it for us to build a railroad right through this tier of valleys? None.
No man is poorer by disposing of his labor to advantage, but he is always better off than
when idling away his time. That makes him poor and mischievous, but when his
mind is active in benefitting himself and his fellow creatures, he grows better all the time.
True happiness consists in doing all the good we can, and the more good we do the
better we feel.

I want this railroad to come through this city and to pass on the south shore of the
lake. We want the benefits of this railroad for our emigrants, so that after they land in
New York they maf get on board the cars and never leave them again until they reach
this city. And this they can do when the Missouri river is bridged, which will soon be
done temporarily, if not permanently. * * * When this work is done if
the tariff is not too high, we shall see the people going east to see their friends, and they
will come and see us, and when we are better known to the world, I trust we shall be
better liked.

GEORGE Q. CANNON:

Through being absent from the city yesterday, I did not know until late this after-
noon that iny name was down as one of the speakers, and therefore I have not come
prepared to make any set speech on the subject ; but I heartily endorse the movement.
I believe that we have arrived at that point in our history when the building of the railroad
is a necessity. We need it through this city, and if the company do not construct it, as it
has been said they would not, they will commit a great mistake, as their future operations
will prove to them. Salt Lake City is fast rising in importance, and it has a great future
in store. Thousands of people will cross the mountains merely for the sake of seeing
and passing through it, who probably would not think of doing so were the railroad to be
carried north. It is said that by making a detour by way of this city the distance is
increased. The advantages which would naturally accrue to the railroad by passing through
our city would more than counterbalance any disadvantage arising through the increased
distance. But it is very doubtful whether the distance is any greater by this city. We
have an open country westward upon which the track can be made with greater facility
than by the northern route. There is nothing on the northern route particularly to call
the railroad in that direction. If the trade of Montana and Idaho is desirable, this
railroad will not answer the purpose because the detour that is contemplated to the north
is not sufficient for them. To my mind there is every reason why it should come by this
city, but no tangible reason why it should go in any other direction.

The point has been urged occasionally by the public journals, and we have heard it
alluded to this afternoon, that the citizens of Utah are secretly averse to the construction
of this railroad ; that if we had it in our power we would throw insuperable obstacles in
the way of the company. This we hear from various sources. I was much pleased this
afternoon in listening to the remarks which have been made on this point, and the
unequivocal testimony which has been borne in contradiction of this statement. Those

242 HISTORY OF UTAH.

who are most familiar with the people know full well that whatever our peculiarities may
be, we are not opposed to progress. We may view progress from a different standpoint
to many others ; but upon matters of great national importance, such as the construction
of this railroad, there is a union of feeling on the part of the inhabitants of this Territory
with those who inhabit other portions of the Republic.

When we came here we sought isolation. We were utterly sick of everything we
had been brought in contact with. We had suffered and were glad of an isolated retreat
such as these mountains afforded, where we could dwell in peace and quietness for a sea-
son. We occupy a different position to that which we have ever occupied before. We
desire to be more known. We have no desire to secrete ourselves, or to hide ourselves
from public gaze and from contact with outside influences. There was a time when in
our weak condition we might have feared the results, but that day is past and I trust for-
ever. We court contact today, if it be of the right kind. We do not court or invite
aggression; healthy contact, legitimate acquaintance we desire. We want to be better
known, and when we are better known these absurd prejudices and misapprehensions
which prevail now through the public mind respecting the " Mormons " and the people of
Utah will be dissipated.

I am for the railroad. We are dependent upon ox and mule teams, and if there
were no more cogent reason than this it would be enough to make us heartily welcome its
completion. But the reasons I have touched upon briefly are, to my mind, sufficient. I
am glad it is coming, and I hope to see the day before long — before the election of 1872
— when we, the citizens of Utah, will have the opportunity of casting our vote in favor of
the Presidential candidate. Four years with the railroad will work wonders and bring
about many changes in Utah. God speed it !

At the close of the addresses three rousing cheers were given
from as many thousand throats, for Utah and the Pacific Railroad,
and the meeting then adjourned.

It is very evident from the tenor of the remarks made on this
occasion that the citizens of Utah were not then aware that any
definite decision had been reached by the railroad authorities or by
the Government regarding the route across Salt Lake Valley. And
yet, as stated, President Young had accepted, only a few days before,
a contract from the Union Pacific Company to do its grading through
Echo and Weber canyons. The mass meeting had been called, not
to protest against any decision made in favor of the northern route
nor to persuade the railroad people to reconsider any purpose pre-
viously formed. It was to invite and influence them to decide in
favor of the southern route. Apropos of this matter, in the Deseret
Evening News of January 6th, 1867, appears the following item :

HISTORY OF UTAH. 243

PREMATURE.

On a "Map of the Union Pacific Railway and Stations from Omaha to San
Francisco," published in Frank Leslie's Illustrated Newspaper, we notice a station
marked between Brigham City and Great Salt Lake. This is somewhat premature, the
exact route of the line not yet being determined upon. The map has the road marked
down Weber Canyon, and then north around the northern end of the lake, though Ogden
is not mentioned as a station. Better wait a little longer and see how the engineers decide.

This item and the proceedings of the mass meeting go to show
that whatever the Leslies knew of the plans of the Union Pacific
Company respecting the route in question in the beginning of 1867,
the people of Utah were not informed upon the subject, neither in
January of that year, nor in June of the year following.

In the press of Salt Lake City, about this time, appeared the
following announcement:

NOTICE.

Messrs. Joseph A. Young, Brigham Young, Jr., and John W. Young, agents for Presi-
dent Brigham Young, left this city on the 8th inst., for the head of Echo Canyon, to let
contracts for grading on the Union Pacific Railroad, and will begin the lettings on Thurs-
day, the llth inst. Parties wishing contracts on that road can now start their men, pro-
visions, tools, etc., as fast as they can get ready. As soon as the line is all located, about
10,000 men will be wanted.

"On to Echo!" was now the prevailing cry, and forthwith teams
and wagons loaded with workmen, tools, provisions and camping
outfits went rolling over the mountains from the populous valleys
west of the Wasatch toward that spot historic; not as, ten years and
a few months earlier, many of these same men had gone thither to
resist the advance of an invading army, but to welcome and help
into and across the smiling vales of their rock-rimmed, desert-girt
paradise the onward march of civilization toward the Occident.*

* Said the Deseret News, June 17th, 1868 : " The acceptance of a contract by Pres-
ident Young for the grading of a road from the head of Echo Canyon to this valley, and
the heartiness with which the people manifest a desire to take hold of the job, takes away
the thunder of those writers whose capital stock is the wrong-doings and sinfulness of the
Mormons. Any opposition on the part of our citizens to the railroad, or even reluctance to
aid in its construction, would have furnished needy scribblers matter for interminable dia-
tribes respecting our disloyalty and barbaric tendencies. Such action or disposition on our

244 HISTORY OF UTAH.

The principal sub-contractors under President Young — whose
contract amounted to about two and a quarter millions of dollars-
were Bishop John Sharp and Hon. Joseph A. Young, the President's
eldest son. They employed between five and six hundred men, and the
amount of their contract was about a million dollars. To them fell
the heavy stone work of the bridge abutments and the cutting of the
tunnels in Weber Canyon. Afterwards, in the "race" between the
Union Pacific and Central Pacific constructing companies, Sharp and
Young took another contract amounting to a hundred thousand
dollars, upon which they employed from four to five hundred
men. Among other sub-contractors under President Young were
Apostle John Taylor; Feramorz Little; John W. Young and George
W. Thatcher; Brigham Young Jr.; David P. Kimball, J. Q. Knowlton,
Nelson A. Empey, H. J. Faust and John Houtz ; William H. Hicken-
looper; Heber P. Kimball and Company; George Crismon and E. M.
Weiler; Bernard Snow; Samuel D. White and A. M. Musser; Warren
G. Child, Edward Samuels, Crandall Brothers, John W. Hess, Anson
Call, John Stoker, William R. Smith ; Samuel W. Richards and Isaac
Groo, L. P. North and Company, Merrill and Hendricks, Ezekiel and
John G. Holman, James Chipman and - — Chisholm. A few of
these were sub-contractors under Sharp and Young, but most of
them took contracts directly from the President. His chief clerk, who
attended to the paying of the contractors and had general charge of
his railroad business, was Thomas W. Ellerbeck. President Young is
said to have realized from his contract about eight hundred thousand
dollars.

East of President Young's another large contract was taken by
Joseph F. Nourman and Company. Mr. Nounnan was of the firm
of Nounnan, Orr and Co., Gentile bankers of Salt Lake City.
From them David P. and Heber P. Kimball, W. R. Judd and others

part would have been a lucky wind-fall for them. But we would have to deny all our past
wishes and actions were we to do so. From the earliest days of our settlement in these
valleys the construction of a railroad across the continent has been desired and looked
forward to with pleasure by the leading minds of the community."

HISTORY OF UTAH. 245

took sub-contracts. Their camps were on Sulphur Creek, Yellow
Creek and Bear River. Most of President Kimball's sons —
and they were a small host — after the death of their father went out
to work upon the railroad, and were engaged as grade-builders upon
the contracts of their elder brothers, David and Heber. The author,
then a lad of thirteen years, was one of the boys of "Uncle David's"
camp, who helped build the road-bed of the Union Pacific Railway.
Too small and puny to "drive team" and "tip scraper" at the
start, he was made water-boy ; a bucket and cup being the insignia
of his office, the duties of which consisted of a regular tramping up
and down the line of the "dump," supplying the workmen with
drinking water.* Two months of discipline as a cup-bearer, and the
juvenile Ganymede was transformed into a mule-driver — the acme of
his ambition in those days — he having become wise enough to har-
ness a team, and just muscular enough to tip a scraper — except
when the scraper-chain chanced to get under one or both corners of
it — and for a good month longer reveled in the luxury of "roughing
it" at Kimball's camp on Rear River. Roughing it indeed, for we
lived like bears, in caves and dug-outs — during the summer in
tents and wagons — and grew as strong and almost as fierce as
panthers.

On the Central Pacific, the only contract taken by Mormons was
that of Benson, Farr and West, who grappled with the great under-
taking of building the western road from the vicinity of Humboldt
Wells to Ogden; the C. P. engineers, having, as stated, run their line
as far east as the mouth of Weber Canyon. The contractors named
were Apostle Ezra T. Renson, of Logan, Cache County, and President
Lorin Farr and Bishop Chauncey W. West, of Ogden. Originally the
contract was taken by President Farr alone, but on the advice of Presi-
dent Young he associated with himself the two others. Under this
firm were the following named sub-contractors : Andrew Anderson,

* The late Sidney Dillon, who lived to become President of the Union Pacific Com-
pany, began at seven or eight years of age his railroad career in like manner. The
author does not anticipate, in his own case, a similar outcome.

246 HISTORY OF UTAH.

R. Rallantyne, Rurrop and Company, Thomas Ringham, H. Rullen,
William Rudge, E. T. Renson, John E. Ritton, R. Cazier and Com-
pany, Eugene Campbell, Collett and Rankhead, Collets and Company,
M. A. Carter, Dispennet Aldrich and Company, Joseph Edge, I. H.
Freeman, John Farrill, Fitzgerald and Aldrich, A. F. Farr, Fife and
Mitchell, Lorin Farr, P. S. Griffeth, F. B. Gilbert, William Gillen, F.
A. Hammond, L. H. Hatch, M. D. Hammond, William Hyde, John
Hendry, Thomas Jenkins, David James, William Kidman, H. Kimball
and Company, Thomas Muir, Matthew Hopkins, Robert McCloy,
Harvey Murdock, John Martin, Nels McKeeson, William Maughan,
Merrill and Hendricks, Marriott and Parry, A. McFarland, I. Shelley,
T. Geddes, John Henry Smith, Shurtliff and Company, A. Wayner,
James Shupe, Shultz Peniield, Taylor and Company, Woodward
and Collett, C. R. Hancock, C. W. West and others.

Renson, Farr and West built the grade of the Central Pacific
Railroad for a distance of two hundred miles. The portion con-
structed by them from Promontory Summit to Ogden — fifty-three
miles — was never used by the company owing to the fact that the
Union Pacific main line reached Ogden first and pushed on westward
to Promontory, paralleling the grade of the Central Pacific between
those points. Subsequently, when Ogden was made by act of
Congress the common terminus of the roads, the Central purchased
of the Union Pacific its section of track between Promontory and the
Weber County capital, and abandoned the superfluous grade built by
itself. That grade, however, was accepted by the C. P. Company,
and for their work, though some delay ensued, the contractors,
Renson, Farr and West, received their pay. In fact they received
more than the contract price, for so anxious had been the company
to lengthen its line that President Stanford had agreed with Rishop
West, on condition that the work be pushed forward with all possible
speed, to pay him whatever it might cost. Thus it was that in the
final settlement President Farr — his associates both being dead —
received from the Central Pacific Company one hundred thousand
dollars in excess of the contract figure. This amount, however, all

HISTORY OF UTAH. 247

went to pay sub-contractors, and President Farr emerged from the
undertaking with little or nothing for his labor and pains.

Passing by other minutiae, we come to the arrival of the iron
horse at Ogden. It was about half past eleven o'clock on the
morning of Monday, March 8th, 1869, that the track-layers on the
Union Pacific Railroad came within sight of the "Junction City,"
whose excited inhabitants, from the top of every high bluff and
commanding elevation in the vicinity "feasted their eyes and ears
with the sight and sound of the long expected and anxiously looked
for fiery steed." On they came rapidly, the track-layers in front
putting down the rails, and the locomotives, as fast as the iron path
was prepared for them, steaming up behind. At half past 2 p. m.
they reached Ogden, where, amid the raising of flags, the music of
brass bands, the shouts of the people and the thunder of artillery,
the advent of the railway was celebrated with the wildest enthusi-
asm. At 4 o'clock a stand was erected alongside the track, and a
procession consisting of the Mayor, members of the municipal
council and the various schools of the city headed by their respective
teachers, formed under the direction of a committee of arrangements
previously appointed, namely: Colonel W. N. Fife, Captain Joseph
Parry and Francis A. Brown, Esq. Among the mottoes on the
numerous banners borne aloft in the procession, as it wended its
way through the crowd-lined streets until finally it halted and
gathered about the stand, was one reading: "Hail to the Highway of
Nations! Utah bids you Welcome!" On the stand were seated such
personages as Hon. Franklin D. Richards, Mayor Lorin Farr, Hon.
Aaron F. Farr, Colonels Daniel Gamble, Walter Thompson and W. N.
Fife, Major Seth M. Blair, Captains Joseph Parry and William Clayton,
Major Pike, Messrs. Aurelius Miner, F. S. Richards, Joseph Hall,
Gilbert Belnap, James McGaw, F. A. Brown, Esq., Colonel J. C. Little,
D. B. Warren, Esq., and others.

The assemblage was called to order by Mayor Farr, who
announced an address from Hon. F. D. Richards. Judge Richards
then came forward and delivered an impressive speech, during

248 HISTORY OF UTAH.

which, after bidding the railway conductors and operators a hearty
welcome to Ogden, he said: "A prejudice has existed in the minds
of some in relation to our feelings on this matter. It has been said
that we did not wish to have a railway pass through our country.
Such prejudice has been proved to be unfounded. And our labors
along the line, especially through Echo and Weber Canyons are a
standing and irrefutable testimony of our great desire and anxiety to
see the completion of this, the greatest undertaking ever designed by
human skill and wisdom. It spans the continent, and uniting the
Atlantic to the Pacific, opens up to us the commerce of the nations;
it facilitates the transit and trade between India, China, America and
other parts of the world, and enables us with speed and comfort to
visit our friends throughout the Union. It will also enable the
world's great men — men of wisdom, science and intellect, to visit
these our mountain homes, and form a true estimate of our
character and position. Then I say, Hail to the great highway of
nations ! Utah bids you welcome ! And may God speed the great
work until it is completed, and may good and kind feelings animate
the minds of the contractors and builders of both lines, and
stimulate them to increased exertion until the last tie and rail
are laid."

Music by Captain Pugh's band, and artillery salutes from
Captain Wadsworth's battery followed, after which three cheers were
given for Mr. Warren, Superintendent of the Utah division of the
Union Pacific, and three more for Captain Clayton, the track-layer.
Both declined invitations to speak, being wearied from the day's exer-
tions, but they privately expressed their hearty sympathy with all that
was being said and done by others. Colonel Little, Major Blair,
Judge Miner and Mayor Farr in turn addressed the people, after
which, amid the continued firing of guns, the music of the band
and the cheering of the people, to which the shrill voices of three
locomotives lent their aid to swell the general din of rejoicing, the
celebration closed and the citizens dispersed to their homes.

The great event of the completion of the Pacific Bailway was

HISTORY OF UTAH. 249

reserved for Monday, May 10th, 1869, two months and two days
after the arrival of the iron horse at Ogden. The place — Promontory
Summit, Utah, on the northern shore of the Great Salt Lake.
There, at a point fifty-three miles north-west of Ogden, 690
miles east of Sacramento, and 1,085.8 miles west of Omaha, the
two great railroads, the Union Pacific and the Central Pacific met,
the last rail was laid, the last spike driven and both tracks were
welded into one.

The ceremonies attending the completion of the great highway
took place about noon. The junction of the two lines had
practically been effected a short time before, but two lengths of rails
were left for this day's proceedings. At 8 a. m. spectators began to
arrive. These were mostly workmen on the lines and other
denizens of the railway camps. Three-quarters of an hour later
the whistle of a locomotive was heard, and the first train to arrive
came speeding over the Central Pacific, bringing many passengers.
Then came two trains from the East over the Union Pacific, whose
elegant coaches were likewise heavily laden. At 11:15 a. m., Hon.
Leland Stanford, Governor of California and President of the Central
Pacific Railroad Company, arrived by special train from the West.
His locomotive — "Jupiter" — was gaily decorated with flags and
streamers. Dr. Durant and other Union Pacific notables were
already on the ground. The crowd numbered about eleven
hundred, representing by nativity nearly all the civilized nations of
the earth. A number of ladies and a few children were among
the spectators.

Representing the Central Pacific Company were the following
named officials and guests: Hon. Leland Stanford, president;
Charles Marsh, director; Mr. Corning, general superintendent; J. H.
Strowbridge, superintendent of construction; Messrs. J. T. Haines,
F. A. Trytle and William Sherman, commissioners of inspection; E.
R. Ryan, Esq., Governor Stanford's private secretary; Governor
Safford, of Arizona; Hon. Thomas Fitch, M. C., of Nevada; Judge
Sanderson, of the Supreme Court of California; Edgar Mills, of the

250 HISTORY OF UTAH.

firm of D. 0. Mills and Co., bankers, Sacramento; General Houghton,
E. H. Peacock and Dr. Harkness, of Sacramento; Dr. T. D. B.
Stillman, of San Francisco; S. T. Game, of Virginia City, Nevada;
Mr. Phillips, banker, and wife, of Nevada, California; Alfred Hart, of
Sacramento, the company's photographer, and E. D. Dennison, in
charge of the excursion train.

The names of the officials and guests of the Union Pacific
Company were as follows: T. C. Durant, president; Sidney Dillon,
vice-president; -John Duff, director; General G. M. Dodge, general
superintendent; H. M. Hoxie, assistant superintendent; Colonel
Seymour, consulting engineer; S. B. Reed, superintendent and
engineer of construction; D. B. Warren, superintendent of the Utah
Division; Colonel Hopper, superintendent of the Laramie division;
J. W. Davis, of the firm of Davis and Associates; L. H. Eicholtz,
engineer of bridges; General Ledlie, bridge-builder; J. S. and D. T.
Casement, track-laying contractors; Major A. D. Russell, company
photographer; H. W. Cossley, steward; Governor John A. Campbell,
of Wyoming;* Major Bent, Messrs. Edward Creighton, Alexander
Majors, G. C. Yates, J. J. Megeath, J. M. Ransom and C. T. Miller.
Representatives of Salt Lake City: Hon. William Jennings, vice-
president of the Utah Central Railroad Company; Colonel F. H. Head,
Feramorz Little, Esq., General R. T. Burton, Bishop John Sharp, C.
R. Savage, photographer, and many others, including ladies. Presi-
dent Brigham Young had been cordially invited to be present, but
was unable to attend.

Ogden City was represented by Hon. F. D. Richards, Mayor
Farr and Bishop C. W. West; Cache "Valley by Hon. Ezra T. Benson.
Among others present were General J. A. Williamson, of Corinne;
W. B. Hibbard. Esq., Superintendent of the Western Union Telegraph

*The Territory of Wyoming was created July 25th, 1868. Its boundaries were the
27th and 34th meridians of longitude, and the 41st and 45th parallels of north latitude.
The western boundary took in the Green River valley, including the north-east corner of
Utah. John A. Campbell, of Cleveland, Ohio, the first Governor of Wyoming, was
appointed to that office in April, 1869.

HISTORY OF UTAH. 251

Company; Colonel Henry, of Wyoming; ex-Mayor George B. Senter,
of Cleveland, Ohio; Henry Nottingham, late general superintendent
of the Cleveland and Lake Shore Railroad ; Charles C. Jennings, of
Painesville, Ohio; R. Hall, of the firm of Hall and Casement; W. H.
House, of Pittsburg, Pennsylvania: Colonel Lightner, E. B. Jones
and Samuel Beatty, mail agents; J. A. Green, of the firm of Green
and Hill, and Guy Barton, of the firm of Woolworth and Barton.

The press of the country was represented by the following
named knights of the quill: Frederick McCrellish, editor and
proprietor of the Alta California; T. 0. Leary, of the Sacramento
Bee; Mr. Howard, of the Omaha Herald; B. W. Miller, of the New
York City Press; G. F. Parsons, of the San Francisco Times; A. D.
Bell, of the San Francisco Bulletin; T. Clapp, of the Springfield
(Mass.) Republican; Reverend Dr. John Todd, of the Boston
Conr/regationalist and the New York Evangelist; Dr. Adonis, of the
San Francisco Herald; H. W. Atwell, of the San Francisco Chronicle;
E. L. Sloan, of the Deseret News, Salt Lake City; T. B. H. Sten-
house, editor and proprietor of the Telegraph, just removed from Salt
Lake to Ogden ; and others. Colonel Cogswell and the Twenty-first
regiment, U. S. Infantry, were also present, and the delightful music
of their fine brass band, wafted far and wide on the mountain
breezes, gave added zest and enjoyment to the occasion.

The Chinese laborers on the western line having, with picks
and shovels, leveled the road-bed preparatory to putting in place the
last ties and rails, this final work was now performed,* all but the
laying of one rail, after which the U. P. engine No. 119 — each
company had four locomotives on the scene — and the C. P. engine,
"Jupiter," moved up to within thirty feet of each other, and all was

* "A curious incident connected with the laying of the last rails has been little
noticed hitherto. Two lengths of rails, fifty-six feet, had been omitted. The Union
Pacific people brought up their pair of rails, and the work of placing them was done by
Europeans. The Central Pacific people then laid their pair of rails, the labor being per-
formed by Mongolians. The foremen in both cases were Americans. Here, near the
center of the great American Continent were representatives of Asia, Europe and
America — America directing and controlling." — JOSEPH NICHOLS.

252 HISTORY OF UTAH.

ready for the closing scene of this memorable act in the great drama
of modern events.

The people were now requested to stand back, in order that all
might see. Edgar Mills, Esq., of Sacramento, then read the program
of ceremonies, which was carried out in the following order :

Silence being enjoined, and heads reverently uncovered, Rever-
end Dr. Todd, of Massachusetts, offered the dedicatory prayer:

"Our Father and God, and our fathers' God, God of creation
and God of providence. Thou hast created the heavens and the
earth, the valleys and the hills; Thou art also the God of all
mercies and blessings. We rejoice that thou hast created the
human mind with its powers of invention, its capacity of expansion,
and its guerdon of success. We have assembled here this day, upon
the height of the continent, from varied sections of our country to
do homage to Thy wonderful name, in that Thou hast brought this
mighty enterprise, combining the commerce of the east with the
gold of the west to so glorious a completion. And now we ask Thee
that this great work, so auspiciously begun and so magnificently
completed, may remain a monument of our faith and of our good
works. We here consecrate this great highway for the good of Thy
people. 0 God, we implore Thy blessings upon it, and upon those
who may direct its operations. 0 Father, God of our fathers, we
desire to acknowledge Thy handiwork in this great work, and ask
thy blessing upon us here assembled, upon the rulers of our govern-
ment and upon Thy people everywhere; that peace may flow unto
them as a gentle stream, and that this mighty enterprise may be
unto us as the Atlantic of Thy strength and the Pacific of Thy love,
through Jesus, the Redeemer. Amen."

Then came the presentation of spikes. Dr. Harkness, of
Sacramento, presented Governor Stanford with a spike of pure gold,
and said :

"Gentlemen of the Pacific Railroad, the last rail needed to
complete the greatest railroad enterprise of the world is about to be
laid; the last spike needed to unite the Atlantic and Pacific by a

HISTORY OF UTAH. 253

new line of trade and commerce, is about to be driven to its place.
To perform these acts the east and the west have come together.
Never since history commenced her record of human events has
man been called upon to meet the completion of a work so magnifi-
cent in contemplation, and so marvelous in execution. California,
within whose borders and by whose citizens the Pacific Railroad
was inaugurated, desires to express her appreciation of the vast
importance to her and her sister States of the great enterprise which
by your joint action is about to be consummated ; from her mines of
gold she has forged a spike, from her laurel woods she has hewn a
tie, and by the hands of her citizens she offers them to become a
part of the great highway which is about to unite her in closer
fellowship with her sisters of the Atlantic. From her bosom was
taken the first soil, let hers be the last tie and the last spike, and
with them accept the hopes and wishes of her people that the
success of your enterprise may not stop short of its brightest
promise."

The gold spike thus presented was about seven inches long and
a little thicker than the ordinary railroad spike. It was made from
twenty-three twenty-dollar gold pieces, and was worth $460.00. On
the head of it were engraved the words: "The last spike," and the
sides bore this inscription: "The Pacific Railway, first ground
broke January 8th, 1863; and completed May 10th, 1869. May God
continue the unity of our country as this railroad unites the two
great oceans of the world. Presented by David Herves, San
Francisco."

A silver spike similar in size was presented to Dr. Durant by
Hon. F. A. Fryth,* of Nevada, who uttered the following sentiment:
"To the iron of the east and the gold of the west Nevada adds her
link of silver to span the continent and weld the oceans."

Governor Saftord, of Arizona, offered a spike composed of iron,
silver and gold, and said: "Ribbed with iron, clad in silver, and

* Mr. Nichols says F. A. Tuttle.

254 HISTORY OF UTAH.

crowned with gold, Arizona presents her offering to the enterprise
that has banded the continent and directed the pathway to com-

merce."

Governor Stanford in behalf of the Central Pacific Railroad,
made the following response: "Gentlemen, the Pacific Railroad
Companies accept with pride and satisfaction these golden and silver
tokens of your appreciation of the importance of our enterprise to
the material interests of the whole country, east and west, north and
south. These gifts shall receive a fitting place in the superstructure
of our road, and before laying the tie and driving the spikes in com-
pletion of the Pacific Railway allow me to express the hope that the
great importance which you are pleased to attach to our undertaking
may be in all respects fully realized. This line of rails, connecting
the Atlantic and Pacific and affording to commerce a new transit,
will prove, we trust, the speedy forerunner of increased facilities.
The Pacific Railroad will, as soon as commerce shall begin fully to
realize its advantages, demonstrate the necessity of rich improve-
ments on railroading so as to render practicable the transportation of
freights at much less rates than are possible under any system
which has been thus far anywhere adopted. The day is not far
distant when three tracks will be found necessary to accommodate
the commerce and travel which will seek a transit across this
continent. Freight will then move only one way on each track, and
at rates of speed that will answer the demands of cheapness and
time. Cars and engines will be light or heavy, according to the
speed required, and the weight to be transported. In conclusion I
will add that we hope to do, ultimately, what is now impossible on
long lines — transport coarse, heavy and cheap products for all
distances at living rates to the trade. Now gentlemen, with your
assistance we will proceed to lay the last tie and last rail and drive
the last spike."

General Dodge for the Union Pacific Railroad responded briefly
as follows : " Gentlemen, the great Renton proposed that some day
a giant statue of Columbus should be erected on the highest peak

HISTORY OF UTAH. 255

of the Rocky Mountains, pointing westward, denoting this as the
great route across the continent. You have made that prophecy,
today, a fact. This is the way to India."

Mr. Coe, of the Pacific Union Express Company, then presented
to Governor Stanford a silver spike maul.

The last tie upon which the rails of the two roads met was put
in position by the two superintendents of construction, J. H.
Strowbridge of the Central Pacific, arid S. B. Reed of the Union
Pacific, the former handling the north end and the latter the south
end of the tie. It was eight- feet long, eight inches wide and six
inches thick, and was made of California laurel, beautifully polished,
and ornamented with a silver plate, bearing the names of the
directors and officers of the Central Pacific Railroad Company and
the following inscription: "The last tie laid on the completion of
the Pacific Railroad, May 10th, 1869; presented by West Evans;
manufactured by Strahle & Hughes, San Francisco."*

It was now half past twelve, and at a given signal Governor
Stanford, standing on the south side of the rail, and Dr. Durant,
standing on the north side, struck the spikes and drove them home.
Telegraphic connection had been made in such a manner that the
blows of the hammer on the spike were sent vibrating along the
wires to every telegraph office between the Atlantic and the Pacific,
between the Great Lakes and the Gulf of Mexico. This was done by
attaching the wires to the spike mauls, every blow from which
announced itself as it fell. In San Francisco the wires were con-
nected with the fire alarm in the Tower, and in Washington with the
bell of the Capitol, so that the strokes of the silver sledge, sending
forth the joyful news of the marriage of the Oceans, east, west, north,
south, to Chicago and New Orleans, to Washington and San Fran-

* Says Mr. Nichols : " Immediately after the ceremonies the laurel tie was removed
for preservation, and in its place an ordinary one substituted. Scarcely had it been put
in its place before a grand advance was made upon it by curiosity seekers and relic
" hunters," and it was divided into numberless mementoes, and as fast as each tie was
demolished and a new one substituted this too shared the same fate, and probably within
the first six months there were used as many new ties."

256 HISTORY OF UTAH.

cisco, were not only heard throughout the land, but were sent
ringing down the Potomac and out through the Golden Gate to greet
old Neptune in his watery realm and acquaint him with the glad
tidings.*

No sooner was the spike driven than the pent-up feelings of the
multitude that had witnessed the act burst forth in a thunderous
storm of hurrahs. Three cheers were given for the Government of
the United States, for the Railroad, for the Presidents, for the Star-
Spangled Ranner, for the laborers and for those who had furnished
the means to build the road.

"PROMONTORY SUMMIT, UTAH, May 10th.

"THE LAST RAIL IS LAID ! THE LAST SPIKE IS DRIVEN! THE PACIFIC

RAILROAD is COMPLETED ! The point of junction is 1,086 miles west of
the Missouri River, and 690 miles east of Sacramento City.

LELAND STANFORD,

Central Pacific Railroad.
T. C. DURANT,
SIDNEY DILLON,
JOHN DUFF,

Union Pacific Railroad."

Such was the official announcement of the event, telegraphed to
the Associated Press immediately after the driving of the last spike.
A similar telegram was sent to the President of the United States —
Ulysses S. Grant. Refore either had sped, however, the following
dispatch was received from several prominent Californians in New
York:

" The Presidents of the Central Pacific and Union Pacific Railroads

at the Junction:

"To you and your associates we send our hearty greetings upon
the great feat this day achieved, in the junction of your two roads,

* The same electric flash, it is said, sent the reverberating discharge of 220 guns
from the batteries of San Francisco.

HISTORY OF UTAH. 257

and we bid you God-speed in your best endeavor for the entire
success of the Trans-American highway between the Atlantic and
the Pacific, for the New World and the Old."

At the conclusion of the proceedings the two locomotiv.es stand-
ing face to face moved up until they touched each other, and a bottle
of wine was poured as a libation on the last rail.

Thus was the great railway completed. Thus was accomplished
the mightiest human achievement of modern times. Thus, over
Utah, the keystone of the arch, the mediator of the hour, the East
and the West shook hands, and the continent was girdled with its
belt of steel.

17-VOL. 2.

258 HISTORY OF UTAH.

CHAPTER XII.

1869-1871.

REJOICINGS OVER THE ADVENT OF THE RAILWAY — THE CELEBRATION AT SALT LAKE CITY —

THE UTAH CENTRAL, THE PIONEER LOCAL LINE, CONSTRUCTED CEREMONIES ATTENDING ITS

COMPLETION THE UTAH SOUTHERN RAILROAD AND ITS EXTENSION THE UTAH NORTHERN

THE CITY OF CORINNE THE UTAH AND NEVADA RAILWAY THE DEVELOPMENT OF THE

MINES RICH DISCOVERIES IN LITTLE COTTONWOOD THE EMMA AND THE FLAGSTAFF

THE OPHIR DISTRICT THE FIRST SHIPMENTS OF UTAH ORE THE PIONEER SMELTERS AND

REDUCTION WORKS RAPID GROWTH OF THE MINING INDUSTRY RESULTING FROM THE

COMING OF THE RAJLWAY.

*HE news of the driving of the last spike and the welding of
the two great railways at Promontory reached Salt Lake City at
thirty-two minutes past noon, being flashed over the wires to
Utah's capital, and to the various settlements along the line of the
Deseret Telegraph, simultaneously with its transmission throughout
the length and breadth of the Union. Instantly the stars and
stripes were unfurled from public buildings and at other prominent
places, brass and martial bands stationed expectantly at several
points struck up lively airs, and artillery salutes were fired from
Arsenal Hill and from the vicinity of the City Hall and the County
Court House. The principal stores and manufactories, public and
private offices were then closed and business was suspended for
the rest of the day.

At 2 p. m., between six and seven thousand citizens had
assembled at the Tabernacle. On the stand were His Excellency,
Governor Durkee, Hons. George A. Smith, John Taylor, William H.
Hooper and John M. Bernhisel; Hon. John A. Clark, Surveyor-
General of Utah ; Bishop Edward Hunter, Aldermen S. W. Richards
and A. H. Raleigh and General R. T. Burton. The last named

HISTORY OF UTAH. 259

three were a committee previously appointed by the City Council to
arrange for the celebration now begun. President Young, President
Wells, Apostles Woodruff, Cannon and other prominent churchmen
who would also have been present on the occasion had they been in
the city, had started some time before on their customary annual
tour through the southern settlements.

Judge Elias Smith was elected president of the meeting, A. M.
Musser, secretary, Messrs. G. D. Watt and D. W. Evans, reporters,,
and Colonel J. C. Little, chaplain. Prayer having been offered, the
following named gentlemen were appointed a committee to draft
resolutions expressive of the sense of the meeting on the completion:
of the Pacific Railroad: Surveyor-General Clark, Colonel W. S.
Godbe, Hon. J. M. Bernhisel, Postmaster A. W. Street and Colonel J.
C. Little. Croxall's and Huntington's bands discoursed stirring and
appropriate music, and speeches were made by Governor Durkee,
Hons. John Taylor, George A. Smith and William H. Hooper. Three
cheers were given for the Union Pacific and Central Pacific com-
panies, "the heroes who have consummated the work," and three
more for the national government. The committee previously
appointed reported the following :

PREAMBLE AND RESOLUTIONS.

Whereas the last rail is now laid on the iron road which bridges from ocean to
ocean this vast land of liberty and progress :

Resolved, That the people of Utah — the great pioneers of the Rocky Mountains —
receive with acclamation the glad news of the completion of the mighty work to which
as a people they have contributed their part; and hand in hand with the great circle of
States "and Territories now rejoicing in union over the event, do thank God for its accom-
plishment.

ResoJved, That in this national event we recognize a preparation for the permanence
and material prosperity of the nation; and an indication of her manifest destiny to
become the great HIGHWAY OF COMMERCE FOR THE WORLD, and a medium for the
exchange of the riches of Asia with the industrial products of Europe.

Resolved, That in the union of the extremities of the Continent by the Great
Railway now completed we discern the purpose of Providence to perfect the unity of the
family of States in this mighty nation.

Resolved, That in this binding with ties of commerce and mutual interest the
sovereign States of the Republic, and in extending the links until they lave in the waters

260 HISTORY OF UTAH.

of the Pacific and Atlantic oceans, we recognize a fore-type of the coming days when on
the opposite shores shall be reflected and felt the spirit and genius of those institutions of
which our Republic is ever to be the great exemplar.

Resolved, That in celebrating the day. that witnesses the spanning of the desert by
the iron road, we also honor the projectors and executors of the work; but most the
Nation whose magnanimity has, with a rapidity unparalleled, caused its construction.

The preamble and resolutions were unanimously adopted, and
Colonel David McKenzie then took the stand and read to the
assembly the railroad memorial sent to Congress by the Utah
Legislature during its first annual session, in March, 1852. Music,
toasts and sentiments followed and the meeting then adjourned.
In the evening the business portions of the city were beautifully
illuminated, there was a huge bonfire on Arsenal Hill and displays
of fireworks in various parts in honor of the great event at
Promontory.

The same month that witnessed the completion of the great
trans-continental highway saw the inception of the Utah Central
Railroad, the pioneer local line, uniting Salt Lake City with the
Union Pacific and Central Pacific roads at Ogden. The Utah
Central Company had been organized on the 8th of March of this
memorable year. Its projector was Brigham Young, who, at the
railroad mass meeting at Salt Lake City, in June, 1868, had said
concerning the Union Pacific and Central Pacific lines: t"If the
company which first arrive should deem it to their advantage to
leave us out in the cold, we will not be so far off but we can have a
branch line for the advantage of this city." As soon, therefore, as
it was definitely ascertained that it was the design of the companies
named to leave Salt Lake "out in the cold," President Young
proceeded to make good his prediction concerning " the branch line."
Hence the creation of the Utah Central Company. Its organizers
were Brigham Young, Joseph A. Young, George Q. Cannon, Daniel
H. Wells, Christopher Layton, Bryant Stringam, David P. Kimball,
Isaac Groo, David O. Calder, George A. Smith, John Sharp, Brigham
Young, Jr., John W. Young, William Jennings, Feramorz Little and
James T. Little. These stockholders were all Mormons, and all but

HISTORY OF UTAH. 261

one residents of Salt Lake City. The exception was Christopher
Layton, of Kaysville, Davis County, through which part the new
road was to pass.

In the building of the Utah division of the Union Pacific line
President Young had advanced considerable means, and at its com-
pletion the amounts owing to him and to other Utah contractors from
the Union Pacific Company aggregated a large sum. Lack of funds
prevented a prompt settlement, and much dissatisfaction resulted.
Finally, however, through the energetic efforts of Bishop John
Sharp, Apostle John Taylor and Hon. Joseph A. Young, a committee
entrusted by the President with the winding up of the business, and
who proceeded to Boston for the purpose of pressing the claims of
local contractors upon Dr. Durant and his associates, a settlement
was effected. The Utah men, however, were obliged to accept, in
lieu of the same amount in cash, six hundred thousand dollars'
worth of railroad stock. But this proved a benefit rather than
a detriment to the Territory, for it expedited the inauguration of
the local line.

The first ground was broken for the building of the Utah
Central Railway on Monday, May 17th, 1869. The point of
beginning was near Weber River, just below the city of Ogden. The
weather was bright and beautiful, and a large concourse of people
assembled, including the principal men of Weber County and many
notable citizens of Salt Lake. Among them were the following
named officials of the new company : Brigham Young, president ;

•

William Jennings, vice-president; John W. Young, secretary; Daniel
H. Wells, treasurer; Jesse W. Fox, chief engineer;' Feramorz Little,
Christopher Layton and Brigham Young, Jr., directors. Hons.
George A. Smith, John Taylor. Ezra T. Benson, Franklin D.
Richards, Lorin Farr and Chauncey W. West were also present.
Joseph A. Young, superintendent of the company, and Bishop
Sharp, assistant superintendent, were absent; the former being in
the East on business connected with the road. It was not quite
10 a. m. when President Young, after a few preliminary remarks, cut

262 HISTORY OF UTAH.

with a spade the first sod, observing as he did so that it was
customary in breaking first ground to use a pick, but that he
believed in using the tool best adapted to the soil. President George
A. Smith offered prayer, dedicating the ground for a railroad and
invoking heaven's blessing on the enterprise. President Young
then removed the sod that he had cut, after which President Smith,
President Wells, William Jennings and others cut sods. Three
cheers were given for the president of the road, and after the band
had played the assembly dispersed.

A free right of way for the Utah Central Railroad was obtained
by A. M. Musser, Esq., acting as its agent for that purpose, and the
work of grading was at once begun.* No large contracts were
let in the building of this line, which was literally constructed
by "the people," who, as a part of their remuneration, took stock in
the road.

Within a little over eight months the line was completed, and
on Monday, January 10th, 1870, the last spike was driven by
President Brigham Young, at the depot grounds in the western part
of Salt Lake City. It is due to this important event to briefly
chronicle the proceedings on that interesting occasion.

The weather, unlike that of the bright May morning which had
witnessed the inauguration of the work, was cold and frosty, the sun
being obscured for most of the day behind a canopy of fog and
cloud. But just before the laying of the final rail and the driving of
the last spike the mists were dispelled and old Sol's glorious face
beamed radiantly upon the scene. Three guns were fired a little
after mid-day as a signal for the raising of flags throughout the city,
and the assembling of the people from all parts to witness the
ceremony. Between 1 and 2 p. m. the train bringing invited guests
from Ogden and the north came in sight and steamed up to the end
of the track where the last pair of rails were ready to be laid.

* Several years later, after the road was well established, the right of way was paid
for by the company.

HISTORY OF UTAH. 263

Fully fifteen thousand people had by this time assembled, and
preparations were made to begin.

Seated on an open platform car overlooking the scene were
Brigham Young, president; William Jennings, vice-president; Daniel
H. Wells, Feramorz Little, Christopher Lay ton and Brigham Young ?
Jr., directors; Joseph A. Young, general superintendent, and John
W. Young, secretary, of the Utah Central Railroad Company; also
Hons. George A. Smith, Orson Hyde. John Taylor, Orson Pratt,
Wilford Woodruff, Charles C. Rich, Lorenzo Snow, Franklin D.
Richards and George Q. Cannon. Representing the Union Pacific
and Central Pacific companies, were the following named gentlemen :
C. C. Quinn, master mechanic, T. B. Morris, chief engineer Utah
division; Colonel Carr, assistant superintendent Utah division;
J. McCormick and S. Edwards, agents, and Walter McKay, cashier,
U. P. R. R. ; G. B. Blackwell, agent Pullman's palace cars; J. E.
McEwan, master mechanic; G. Cornwell, conductor Utah division;
J. Forbes, general freight agent, and James Campbell, superinten-
dent Utah division of the C. P. R. R.

Guests from Camp Douglas: General Gibbons, Colonels Hancock
and Spencer, Captain Hollister, Major Benham, Lieutenants San no,
Coolidge, Benson, Armstrong, Brandt, Jacobs, Graffan and Wright.
Occupying a seat at the reporter's table was Colonel Finley
Anderson, special correspondent of the New York Herald. The
Camp Douglas, Captain Croxall's, and the Tenth Ward brass bands,
and. Captain Beesley's martial band were in attendance.

The driving of the last spike took place at about nine minutes
past 2 p. m. President Young used for this purpose a large, elegantly
chased steel mallet made by James Lawson, at the Church
blacksmith shops in this city. Engraved upon the top of the tool
was the emblematical bee-hive, surmounted by the inscription :
"Holiness to the Lord," and underneath the bee-hive were the
letters, U. C. R. R. The spike, which was ornamented in a similar
manner, was of home-made iron, manufactured in southern Utah
some years previously by Colonel Nathaniel V. Jones. The spike

264 HISTORY OF UTAH.

was also made by Mr. Lawson. Immediately after the ceremony, a
salute of thirty-seven guns — one for each mile of the road —
was fired.

After music by Captain CroxalPs band, Apostle Wilford Wood-
ruff offered the dedicatory prayer. Hon. George Q. Cannon, in
behalf of President Brigham Young, then read the following
address:

Whilst joining in the pleasing ceremonies of this eventful and auspicious day, our
minds naturally revert to the circumstances which led this people to undertake their weary
but hopeful journey across the desert plains and rugged mountains to these then sterile
valleys, — to our condition at the time of our advent here, poor and destitute of the com-
mon necessities of life; driven from our homes and possessions and bereft of all that
makes life comfortable in consequence of our faith in God and in His Son Jesus Christ,'
and our obedience to His holy gospel, and1 without a friend in this wide world to whom
we could look for help, except God our Heavenly Father alone, on whom we could rely.

Since the day that we first trod the soil of these valleys, have we received any
assistance from our neighbors? No; we have not. We have built our homes, our
cities, have made our farms, have dug our canals and water ditches, have subdued this
barren country, have fed the strangers, have clothed the naked, have immigrated the poor
from foreign lands, have placed them in a condition to make all comfortable and have
made some rich. We have fed the Indians to the amount of thousands of dollars
yearly, have clothed them in part, and have sustained several Indian wars, and now we
have built thirty-seven miles of railroad.

All this having been done, are not our cities, our counties and the Territory in debt?
No ; not the first dollar. But the question may be asked, is not the Utah Central Rail-
road in debt? Yes; but to none but our own people.

Who has helped us to do all this ? I will answer this question. It is the Lord
Almighty. What are the causes of our success in all this ? Union and oneness of
purpose in the Lord.

Having by our faith and unaided labors accomplished the work and achieved the
triumph, which we today celebrate, we are now asking the parent Government to sanction
our labors in this commendable work, and the people of this Territory are also asking to
be admitted as a sovereign State into the Union, with all the rights and privileges of a
state government; and I move we have one. Let all in favor of it say "Aye." [A
unanimous "Aye" from the assembled thousands was the response.]

We have felt somewhat to complain of the Union Pacific Railroad Company for not
paying us for the work we did in grading so many miles of their road. Rut let me say if
they had paid us according to agreement this road would not have been graded and this
track would not have been laid today. It is all right.

To our friends of the Union and Central Pacific railroads, we offer our congratula-
tions on their success in their mighty enterprise. Receive our thanks for your kindness
to our company ; for, so far as I have learned, you have refused us no favor. Let us be

HISTORY OF UTAH. 265

one in sustaining every laudable undertaking for the benefit of the human family ; and I
thank the companies for their kindness to us, as companies, as superintendents, as
engineers, as conductors, etc.

I also thank the brethren who have aided to build this our first railroad. They have
acted as Elders of Israel and what higher praise can I accord to them, for they have
graded the road, they have laid the rails, they have finished the line, and have done it
cheerfully "without purse or scrip."

Our work is not one for individual benefit, but it is an aid to the development of the
whole country, and tends to the benefit and prosperity of the whole nation of which we
form a part.

To all present I would say, let us lay aside our narrow feeling and prejudices and
as fellow citizens of this great republic join in the celebration of this happy day. May
the blessings of heaven rest upon us all."

Telegrams were also read from Governor Leland Stanford,
president; A. N. Towne, general superintendent, and S. S. Montague,
chief engineer of the Central Pacific Company, offering congratula-
tions on the completion of the new railroad and expressing regrets
at their inability to be present at the celebration in response to the
invitation of President Young.

Music by the Camp Douglas band was followed by a speech from
Hon. William Jennings. He said that he was proud to be a citizen
of Utah and to participate in the celebration then in progress. The
construction of thirty-seven miles of railroad might seem to some a
trifling affair, but considering that it had been done by a people
isolated and surrounded by inconveniences, unaided by State or
Nation, he thought it was justly entitled to the distinction of being
considered a great enterprise.

•

A salute of one gun and music by the martial band, — after
which came a speech from Hon. Joseph A. Young. He drew the
contrast between the time when the Pioneers, barefoot and almost
without clothing, came into these desolate valleys, and today when
they and their children could witness the laying of the last rail and
the driving of the last spike of the Utah Central Railroad. It was a
work that he felt proud of, and the people all had reason to feel
likewise. The Saints had been called exclusive, but where was their
exclusiveness now? They invite East, West, North and South to

266 HISTORY OF UTAH.

come up to Zion and learn of her ways. "The more our actions
and works as a people are investigated/' said he, "the higher we
stand in the estimation of those whose good opinion is worth
having." [Cheers.] He hoped that the last spike of this road
would be but the first of the next, extending from this place to the
"cotton country," and that he would live to see the day when every
nook and corner of the Territory capable of sustaining human
beings would be settled by good, honest, hard-working people, and
penetrated by railroads.

The Tenth Ward Band then played, a salute of one gun was
tired, and Colonel Carr, of the Union Pacific Railroad was
introduced. Said he, after presenting the regrets of Superintendent
Meade at being unable to attend: "This is an occasion of congratu-
lation to all of you, but to us who are strangers, it is more an
occasion of wonderment than anything else. We, who have come
recently from the East, never expected to find anything like this in
this country. It is something like forty years since the first railroad
was laid in the United States, and twenty years ago there were only
six thousand miles laid in all this vast country; but when the Union
and Central Pacific lines were completed there were over forty
thousand miles. The Utah Central Railroad, although only thirty-
seven or thirty-eight miles long, is perhaps the only railroad west of
the Missouri River that has been built entirely without Government
subsidies; it has been built solely with money wrung from soil
which, a few years ago, we used to consider a desert, by the strong
arms of the men and women who stand before me. And almost
everything used in its construction, but especially the last spike, is
the product of the country. Your superintendent, Mr. Young, said
that you are not an exclusive people; but I think, ladies and
gentlemen, you are very much so, so far as the western country is
concerned, in accomplishing so much as you have with so little
means, and so few advantages to do it. [Great cheering.] All that I
have to say further in regard to exclusiveness, is that I cannot
imagine how any man, whether Mormon, Gentile, saint or sinner,

HISTORY OF UTAH. 267

can do other than feel happy at the completion of this road. I wish
it the utmost success on its journey to the far south."

After more music and firing, Chief Engineer Morris, of the
Western Division of the U. P. R. R. was introduced and said: "I
have but one word to say to the workingmen of Utah, and that I
would say briefly. I have been fifteen years engaged in railroad
business; but I have never seen a single road made to which
capitalists did not contribute their money, or the responsibility of
which did not fall upon the Government, or the State in which said
road was made. But here nearly forty miles of railroad have been
built, every shovelful of dirt of which has been removed by the
workingmen of Utah, and every bar of the iron of the road has
been placed in position by their labor. [Loud cheers] You can pub-
lish to the world that the workingmen of Utah build and own this
road. I have said one thing, and I want to say one thing more. Do
not stop where you are. When you laid the last two rails today,
they stuck out a little. That means — ' Go on."!

Brief speeches followed from Hon. John Taylor and James Camp-
bell, Esq., Superintendent of the Utah Division of the Central Pacific
Railroad. Other addresses were expected, but owing to the coldness
of the weather and the length of the exercises they were omitted.
A benediction by Elder Henry W. Naisbitt closed the ceremonies.

At night the city was brilliantly illuminated. There was a great
bonfire and a special pyrotechnic display on Arsenal Hill, and fire-
work^ in various parts of the town. Among the numerous trans-
parencies exhibited were the following: "Hail to the Utah Central,"
"Welcome the great Highway," "Utah stretches her arms to the two
Oceans." Among the mottoes on the Deseret News office were two
reading: "Welcome the first Locomotive," "The Pioneer Paper wel-
comes the Pioneer Railroad." A grand ball and supper at the
Theater, attended by leading Church officials, prominent merchants
of the city — Mormon and Gentile — officers from Camp Douglas, and
many prominent citizens, made a fitting finale for the day's memor-
able proceedings.

268 HISTORY OF UTAH.

Thus was celebrated one of the most important events in the
history of this Territory. Henceforth Utah was tp have steam com-
munication, as she already had electrical communication with the
outside world. Henceforth she would stand face to face with all the
good and evil that modern civilization represents. "The result we
fear not," said the News, speaking for the Mormon people, "believing
that the advantages that will accrue therefrom will far outweigh any
disadvantages that can possibly arise. The days of isolation are
now forever past. We thank God for it."

The work of railroad building went on. The next line begun
was the Utah Southern, commenced in May, 1871, and completed to
Juab, a hundred and five miles south of Salt Lake City, in June,
1879. Thence the Utah Southern Extension was constructed to
Frisco, a hundred and thirty-seven miles farther, between the spring
of 1879 and the summer of 1880.

The Utah Southern Railroad Company was organized on the
17th of January, 1871, by the following named stockholders:
Joseph A. Young, William Jennings, John Sharp, Feramorz Little,
John Sharp, Jr., James T. Little, Le Grand Young, L. S. Hills, S. J.
Jonassen, Thomas W. Jennings, James Sharp, George Swan, Jesse
W. Fox, D. H. Wells and Christopher Layton. The first president of
the company was William Jennings, who was succeeded by Brigham
Young, after whom Mr. Jennings again took the presidency. John
Sharp was vice-president, and Feramorz Little, superintendent.
Ground was broken for the construction of the road on May 1st,
1871, at Salt Lake City, and in September of that year it was com-
pleted and opened for traffic as far as Sandy, thirteen miles south of
this city. A year later it reached Lehi in Utah County, and in four-
teen months more was at Provo, the principal town in that county
and now the third city of the Territory. Provo by rail is forty-eight
miles south of Salt Lake. From Provo to York it is twenty-seven
miles. The Utah Southern reached the latter point on April 1st,
1875, and from there, after a rest of several years, made its way to
the Juab terminus.

HISTORY OF UTAH. 269

Just after the beginning of the Utah Southern, came the in-
ception of the Utah Northern Railway, a narrow-gauge line
extending from Ogden through .the counties of Weber, Box Elder
and Cache, and thence into Idaho. Its projector was John W.
Young, who, in conjunction with the Messrs. Richardson and other
eastern capitalists, and the people of Northern Utah, built the road
from Ogden to Franklin. It was August 23rd, 1871, that the Utah
Northern Railroad Company was organized, with John W. Young as
president and superintendent, and William R. Preston, of Logan,
Cache County, as vice president and assistant superintendent.*
During the same month ground was broken at Brigham City, and
there the first rail was laid on the 25th of the ensuing March.
Thence the road was extended northward, arriving at Logan on
January 31st, 1873, and at Franklin, the Idaho terminus, about
sixteen months later.

From Brigham Junction, a branch line of four miles connected
the U. N. R. R. with Corinne, a railroad town on the Central Pacific,
a few miles above the mouth of Bear River. Corinne had sprung up
early in 1869, with the coming of the transcontinental railway.

* Prior to the building of the U. N. R. R. and while the project was under consider-
ation, the following telegrams passed between President Brigham Young and Bishop
William B. Preston, in relation to the enterprise :

" LOGAN, August 15, 1871.
President B. Young, Salt Lake City :

Will it be wisdom for us in Cache County to grade and tie a railroad from Ogden to
Soda Springs, with a view to Eastern capitalists ironing and stocking it; thereby giving
them control of the road ? The people feel considerably spirited in taking stock to grade
and tie, expecting to have a prominent voice in the control of it ; but to let foreign
capitalists iron and stock it will, if my judgment is correct, give them control.

W. B. PRESTON.

"SALT LAKE CITY, August 15, 1871.
Bishop Preston, Logan:

The foreign capitalists in this enterprise do not seek the control ; this is all under-
stood. What they want, and what we want, is to push this road with all possible speed,
if you decide to have one, so that it shall run through and benefit your settlements and

reach Soda Springs as soon as possible.

BRIGHAM YOUNG."

270 HISTORY OF UTAH.

Among its early citizens were General J. A. Williamson, for whose
daughter, Corinne, the town is said to have been named; General. P.
E. Connor, J. W. Guthrie, Alexander Toponce, J. W. McNutt, N. S.
Ransohoff, F. J. Kiesel, John W. Lowell, George A. Lowe, O. J.
Hollister, A. Greenewald, L. Reggel, Judge Toohy, M. T. Burgess,
John-Tiernan, E. P. Ferris, C. R. and Milton Barratt, and Messrs.
Beadle and Adams (newspaper men) with many others whose names
are well known in local history. An excellent portrait of J. W.
Guthrie, Esq., the banker of Corinne, who has several times been
mayor of that place, and is known as one of the leading financiers of
Northern Utah, and a man big-hearted and generous in his public
arid private dealings, is included among the steel engravings that
adorn this volume. Of him and the town that he represents, more
will be said hereafter.

The branch railway connecting Corinne with the main line of
the Utah Northern was completed in June, 1873. Within the next
eight months the road was extended southward from Brigham City
to Ogden. Succeeding John AV. Young, Moses Thatcher became
superintendent of the Utah Northern, and he was succeeded by M.
W. Merrill, also of Cache County. Later, George W. Thatcher took
the superintendency and continued in charge of the road until after
it had passed, like its predecessors, the Utah Central and Utah
Southern, into the possession of the Union Pacific Company. Presi-
dent Jay Gould changed its name to the Utah and Northern, and
some time afterward it became a standard-gauge line. Prior to that,
however, it was pushed northward from Franklin, connecting with
the Oregon Short Line at McCammon Junction. It is now a portion
of the system which penetrates the great North-west, with its
principal termini at Helena, Montana, and at Portland, Oregon.

The Utah and Nevada Railway, extending westward from Utah's
capital to and along the southern shore of the Great Salt Lake,
thence around the Oquirrh Mountains and southward across Tooele
Valley toward Rush Valley, was begun in April 1873. After
reaching a point on the lake about twenty miles west of this city,

HISTORY OF UTAH. 271

where soon sprang up the celebrated bathing resorts which have
done so much to enhance the fame of Utah's inland sea,* the rail-
road halted for a season, but was subsequently extended to Stockton
station, a little north of Rush Valley. The town of Stockton proper
had been founded in the summer of 1864 by parties of soldiers from
Camp Douglas, who, pursuant to the policy of their commander,
General Connor, were prospecting for mines west of the Oquirrhs.
The place was originally called Camp Relief, but after General
Connor, Major Gallagher and others had laid off the town it took
the name of Stockton. Suffice this for the present upon the subject
of Utah's railways, regarding which a future chapter will deal more
comprehensively.

One great result of the coming of the railway was the develop-
ment of the local mining industry. From the fall of 1863, when
General Connor and his associates made the pioneer movement in
this direction, to the years 1868, 1869 and 1870, when Messrs. J. F.
Woodman, Robert R. Chisholm, the Woodhulls, the Walkers and
other capitalists became actively interested therein, but little
practical work was done toward the opening of Utah's mines,
notwithstanding the claims of those whose avowed purpose, in
stating to the contrary, was, as has been shown, "to invite hither a
large Gentile and loyal population," in order to reconstruct the
Territory and overthrow the Mormon power. True, much money
was expended by General Connor and his California friends,
whom he persuaded to embark with him in this precarious
enterprise, and among the first, if not the very first, smelting
furnaces in Utah were erected by them in Rush Valley. There,
after the original discovery in Ringham Canyon, many mining
claims had been located. Other officers of Camp Douglas also
formed companies and built furnaces in and around Stockton. Rut
owing to inexperience in smelting ores, scarcity of charcoal and high

*The first bathing resorts were at Black Rock, Lake Point and Garfield, the last of
which is now the most popular. There are other resorts on the eastern shore of the
lake, such as Syracuse, Lake Park and Saltair.

272 HISTORY OF UTAH.

rates of transportation, they soon became bankrupt. A company
called the Knickerbocker and Argenta Mining and Smelting
Company, organized in New York to operate in Rush Valley, met
with no better success. Its projectors, after investing about one
hundred thousand dollars in mines and materials with which to
work them, finding it impossible in the absence of a railway to make
them pay, despairingly abandoned the undertaking. It was now the
latter part of 1865, and the mining movement rested to await the
advent of the iron horse, when cheaper and speedier transportation,
reduction in prices of materials and the influx of capital would solve
the difficulties surrounding the struggling enterprise and place it on
its feet as a profitable industry.

Soon after the close of the Civil War the volunteers at Camp
Douglas were disbanded, being relieved by regular troops from the
East. Most of those who had mining prospects, after meeting
together and amending the mining laws so as to make claims
perpetually valid which had had but little work done upon them,
left the Territory to seek employment elsewhere. This action,
preventing as it did all subsequent relocation of the same ground,
greatly retarded, and in fact prevented for some years the develop-
ment of the mines in the Rush Valley district. This district
embraced all the western slope of the Oquirrh Mountains, just as
the West Mountain district, previously mentioned, comprised all the
eastern slope, from Black Rock to the southernmost limit of
the range.

In the Wasatch Mountains the first discovery of silver-bearing
lead ore was made in the summer of 1864 by General Connor. The
place was Little Cottonwood Canyon, where subsequently were
located some of Utah's most famous lodes. Nothing, however, was
done toward their development until about four years later when the
Little Cottonwood Mining District was organized and the Woodhull
Brothers and Messrs. Woodman, Chisholm. Reich and others began
operations upon the mines in that vicinity. The first shipment of
galena ore from Utah was in the summer of 1869. The shippers

HISTORY OF UTAH. 273

were the Woodhulls, Captain Woodman and their associates. The
ore was in small quantities, and was the first out-put of the after-
wards famous Emma Mine. It was sent to the reduction works of
Thomas H. Selby & Co., San Francisco. This shipment was
followed by others in the fall of that year by the same parties. An
early shipment of the Emma 'ore was to James Lewis & Co., Liver-
pool, England. This was smelted at Swansea in Wales. The
success of these ventures gave an impetus to mining all over the
Territory. Prospectors sallied forth, climbing the hills in every
direction; new mines were discovered and located, and the work of
developing those already found and made productive was energet-
ically pushed forward. In Little Cottonwood District were such
mines as the Emma, located by Captain Woodman in 1868, and sold
December 9th, 1871, to British capitalists for a million pounds
sterling;* the Flagstaff, originally owned by Nicholas Groesbeck
& Sons, and disposed of in the same market for three hundred
thousand pounds; and the Last Chance, Hiawatha, Montezuma and
Savage mines, which were purchased in a group by Detroit and New
York capitalists for $1,500,000.

During the excitement caused by the rich developments in Little
Cottonwood, "horn" silver was discovered in East Canyon, in the
Oquirrh Range, in what was then a portion of the Rush Valley
District, but which subsequently became known as the Ophir District.
The first location made there was in August, 1870. It was the
Silveropolis mine, the first workings of which — forty tons — shipped
west by the Walker Rrothers, netted $24,000. Other locations in the
Ophir District were the Tampico, Mountain Lion, Mountain Tiger,
Petaluma, Zella, Silver Chief, Defiance, Virginia, Monarch, Blue

* The Emma Mine was named for Miss Emma Chisholm, daughter of Robert
B. and sister to William W. Chisholm of Salt Lake City. Joseph R. Walker, Esq. who
with his brothers bought into the mine in 1870, was the first president of the Emma
Mining Company of Utah. Messrs Trenor W. Park and Henry H. Baxter of New York
purchased a half interest in the mine for $375,000 and it was they who, after buying out
the other owners and reorganizing the Emma Mining Company in New York, placed the
mine on the English market. Its subsequent history was not enviable.

274 HISTORY OF UTAH.

Wing and many more. It was the richness of these finds and those
in Little Cottonwood that made Utah famous as a first-rate mining
field. Prospectors and capitalists from abroad now began pouring
into the Territory, and General Connor's dream of "reconstruction
and regeneration" seemed almost ready to be realized.

In the summer of 1870 smelters began to be built in Salt Lake
Valley, the first one completed being that of the Woodhull Brothers,
on Big Cottonwood Creek, eight miles south of this city. From
these works were shipped the first bullion produced from the Utah
mines. It was smelted from the ores of Little Cottonwood, notably
those of the Monitor and Magnet mines. The Badger State Smelting
Works, also south of the city, were begun in August, 1870, and
produced their first bullion in March of the year following. Then
came the Jennings and Pascoe smelter, just north of the Warm
Springs, Colonel D. E. Buel's furnace at the mouth of Little
Cottonwood Canyon, the smelting works of Buel and Bateman in
Bingham Canyon, and many others in various places. Among the
best of these were those of Colonel Buel, in Little Cottonwood. In
East Canyon, in the Ophir District, was erected in May and June,
1871, the pioneer crushing and amalgamating mill. It had fifteen
stamps, and was built by the Walker Brothers for working the
silver ores of that vicinity. From the summer of 1869 to the
fall of 1871, ten thousand tons of silver and gold ores, valued at
$2,500,000; four thousand, five hundred tons of gold and silver
bullion, worth $1,237,000; and two hundred and thirty-one tons
of copper ore, valued at $6,000, were shipped from the Terri-
tory. Silver bars, obtained by milling the silver ores, produced
$120,000. During the same period the annual product of gold from
Bingham Canyon was increased by means of superior sluicing
methods from $150,000 to $250,000. In 1868 the number of mining
districts in the Territory was two; in 1871 there were thirty-two.
Among these were the West Mountain, Rush Valley, Ophir, Little
Cottonwood, Big Cottonwood, American Fork, Parley's Park, Tintic,
Star and Sevier districts. Silver and lead were the staples of these

HISTORY OF UTAH. 275

mines, but gold was also found, not only in Bingham Canyon, but in
other places. And thus were the first mines of Utah opened and
developed. Regarding the later discoveries, such as the Ontario, the
Daly, the Horn Silver, the Silver Reef mines — those puzzlers to
geologists and mining experts — and many others, full accounts
will be given in the proper place. What is here stated is only
intended as a passing glance at the pioneer workings of this now
important industry.

The completion of the Utah Central Railroad in the spring of
1870, and the building of its extension, the Utah Southern, did a
great deal, as was anticipated, toward the development of the mining
industry. Connecting lines to Bingham, Little Cottonwood and
American Fork canyons were soon constructed, and the ores from
those localities found ready and speedy transit to the mills and
smelters at home and abroad.

276 HISTORY OF UTAH.

CHAPTER XIII.

1868-1871..

'S CO-OPERATIVE MERCANTILE INSTITUTION ITS INCEPTION AND PROGRESS ITS OFFICERS

AND PROMOTERS IMMENSE BUSINESS RESULTS HOW IT HAS FULFILLED ITS MISSION

REVIVAL OF THE UNIVERSITY OF DESERET DAVID O. CALDER's COMMERCIAL SCHOOL

THE DESERET ALPHABET DR. JOHN R. PARK THE UNIVERSITY'S PRINCIPAL DISTINGUISHED

VISITORS BY RAIL THE UNITED STATES LAND LAWS EXTENDED OVER UTAH FEDERAL

OFFICIALS OF THE TERRITORY UNDER THE GRANT-COLFAX REGIME THE FIRST NON-
MORMON CHURCHES IN UTAH.

|ARALLEL with the advent of the railway was the establish-
ment throughout Utah of the great commercial system
known as Zion's Co-operative Mercantile Institution. It will
not be maintained or even claimed for Brigham Young and the
Mormon people that he was the first to found and they the first to
succeed in co-operation. Early in the present century thoughtful
commercial reformers in Europe had agitated and in some measure
achieved success in this direction. In our own country, too, co-oper-
ative stores, assured of the patronage of the classes they proposed to
benefit, were able to enter into competition against individual enter-
prise. Meager as were their results, compared with their pretensions,
they nevertheless established the correctness of the principle on
which they were founded, and gave assurance that under the right
kind of circumstances and in the midst of a community prepared by
interest, instinct or training to support it, co-operation in mercantile
affairs could be made the grandest and most beneficent reform in all
the history of commerce. It is in no sense derogatory to earlier
agitators, therefore, to claim for the Mormon people and their great
leader the merit of having developed the principle to the highest
perfection it has known in the United States.

HISTORY OF UTAH. 277

Indeed conditions could not have been more propitious for its
establishment than those in which the people of Utah found them-
selves upon the completion of the transcontinental railway and just
prior thereto. Salt Lake City had become the center of an extensive
commerce. Not only the long chain of Mormon towns running
through the Territory from Idaho to Arizona, but the cities and
mining camps of the surrounding Territories, looked to Utah's
metropolis as their source of supply. The days of tedious freight-
ing by team from the Missouri River to the Great Rasin were practi-
cally ended. True, those days had furnished a thorough school in
which the spirit of daring commercial venture and business sagacity
of the highest order had been developed. Utah merchants were
esteemed in eastern trade circles as among the shrewdest and most
successful in the land. Their credit was first-class; and notwith-
standing the appearance of risk in sending large train-loads of goods
into a distant region, twelve hundred miles across an unsettled and
savage country, the records uniformly prove that such was the con-
fidence in which they were held by the eastern wholesalers that they
never needed to ask twice for the favors which generally come but
slowly to young communities and mercantile houses of limited
capital. With comparatively small means, they were able to conduct
an extensive business, and as their profits were handsome the found-
ations of sure prosperity and large private fortunes were soon laid.
Th.e prevalent lack of money was in some sense a drawback, but it
was not without its compensating benefits. The people had prospered
in their flocks and herds and in all the products of farm, orchard
and garden. These made a welcome medium of barter or exchange ;
and though the merchants may have seen their stock of merchandise
decreasing with but slight additions to their stock of cash, they were
consoled with the comfortable prospect of granaries and storehouses
replete with precious contents that needed only energy and care to
be converted into greenbacks, gold dust or Government drafts.
Their wits were thus kept sharpened, and their freight teams well
employed. Their profits, too, were materially increased. They had

278 HISTORY OF UTAH.

a margin both on what they sold, and on that for which they
sold it.

Competition, that great quickener of the commercial life-blood,
early began to make itself and its good results manifest. The
number of merchants, at first few, soon rapidly increased. Ogden
and Provo, Logan and St. George, contributed their quota. The
"big stores," with all their prestige and capital, were not left to
enjoy the field alone. The instances where money had been quickly
made were numerous enough to embolden other men to try their
fortune in merchandising. Nor were these all Mormons. Keen-
eyed strangers within our gates were not slow to detect the openings
and opportunities for accumulating wealth; and at the time now
spoken of it is probable that quite half the merchants of Salt Lake
City were non-Mormons. Gradually a system of commission buying
had come into popularity and prominence. This consisted in
entrusting to a buyer of recognized shrewdness and honesty the
business of purchasing in the eastern centers staple supplies for
private customers with whom he dealt at first hand ; his patrons
obtaining goods at original cost plus the freight. Yet this was not
wholly satisfactory. Not every one was forehanded enough to send
off the means for a whole year's supply at once; nor were those
who were thus fortunate contented in all respects with their venture.
They found it impossible to compete in eastern prices with heavier
buyers and difficult even to compete with them in freights.

Meantime the railway was becoming an accomplished fact,
having passed beyond the stage of visionary speculation and entered
upon that of actual work. It was drawing nearer and nearer to our
borders from both east and west; and the most superficial mind
could not but perceive that a new commercial era was about to open
upon the Territory. Such a thing could least of all escape the far-
seeing eye of Brigham Young, in whose hopes and desires and in
those of his coadjutors, the temporal welfare of the people was so
closely intertwined with the spiritual, as to be wholly inseparable.
For years the burden of the Tabernacle discourses had been: "Trade

HISTORY OF UTAH. 279

with and sustain your friends; let your enemies have none of your
substance with which to work your downfall." It is true that up to
this thne the line had not been religiously drawn, for among the
Gentile merchants were many who in their social and business
intercourse with the Saints had won their confidence and were
numbered among their friends. But as the railway project became
more tangible there were threats and rumors, at first vague but
afterwards definite and openly avowed, that that great civilizing
agency would be used to break in pieces the Mormon Church. The
Saints being deprived of their exclusiveness, disintegration, it was
thought, would set in and their homogeneity with the rest of the
country be accomplished. The Mormons, as we have seen, far from
being appalled at this prospect, gave the railroad the warmest
welcome and the heartiest support. Yet neither they nor their
leaders felt impelled to throw away every safeguard, cut loose from
every anchor, and place themselves unreservedly in the hands of
those who had confessed themselves their enemies. Contact with the
outside world • they courted, — their temporary isolation having
effected its purpose, — but they saw no need for the loose comming-
ling that was fondly expected by their foes, to wreck all that they
held most dear. Hence the instructions of the leading men, both
from the pulpit and through the press, became more and more
positive as the locomotive drew near; and at the October Conference,
1868,— the first conference of the Church held in the Valley, by the
way, at which there was present a full council of the Twelve
Apostles, — a resolution was unanimously adopted pledging the people
to be self-sustaining, the interpretation of which was, according to
President Young's discourse at the time, that " a Latter-day Saint
should not trade with an outsider."

To the latter class, a policy of this kind, religiously adhered
to, meant little less than financial ruin. To the merchants who
were not "outsiders" it meant a wonderful increase in business, the
removal of competition except within prescribed circles, and the con-
sequent improvement in the prospect for early affluence.

280 HISTORY OF UTAH.

It requires but little acumen to discover that such a policy
would have been but of limited benefit to the community at large.
Some results desired by the Mormons it assuredly would have
produced. Gathered out of the world that they might not be of it,
they could still be brought into closes't contact with influences that
they had tried to escape, without losing their identity or their
distinctiveness. But the proposed departure was fraught with evils
which if unchecked could not but cause commercial retrogression.
Chief among these was the removal of competition, sure foundation
for the growth of monopoly. Deprived of the healthy friction which
accompanied their struggle for success against the well-established
Gentile merchants, there was serious danger that the large Mormon
dealers would prove quite as susceptible to the promptings of greed
and extortion as humankind elsewhere. The natural tendency
would have been to crush out the small, weak competitors among
their own people and concentrate the whole mercantile business of
the surrounding country in the hands of a few. It was seen that such
an effect would quickly defeat the purpose in view, and that it would
be difficult to exact devotion to a principle in whose train were such
opportunities for unrighteous oppression. Instead of promoting
union, it would scatter discord among the people, and instead of
combining their energies and aims, it would distract and weaken
them.

But the enunciation of the exclusive commercial policy in the
latter part of 1868 must be understood as only a preparatory step
to the introduction of other measures. Among these nothing was
more prominent than the establishment of co-operation. President
Young's sermons during several months had been full of references
to the subject, and the Church journal, the Deseret News, had
editorially discussed it with much force and fervor. The time had
come when the threatened inroad of opposing influences must be
met with boldness and energy. The temporal oneness of the Saints
must be conserved as sedulously as had been their spiritual unity.
Besides, the United Order, essayed by the Saints in Ohio and

HISTORY OF UTAH. 281

Missouri, and declared by President Young to be essential to the
perfection of the people, was not yet in operation. What more likely
than that co-operation in its fullest development could be made a
stepping stone to the establishment of the grander system 1 Convinced
by actual experience that in doing business for themselves and
dividing the profits among themselves, they were able to compete
successfully against all opposition, why might not the people's
confidence thus created extend to all other branches and departments
of human existence? It was certainly worth the experiment, and
there is no doubt whatever that such an ultimate purpose, to be
subserved by the lesser undertaking, was then in the mind of the
Mormon leaders.

Following close upon this momentous conference came a
meeting of leading men from various parts of the Territory to take
into consideration the business situation of the -people. This
meeting was held in the Social Hall at Salt Lake City, and a resolu-
tion was there adopted that the establishment of a co-operative
wholesale store was feasible. Appointments for similar meetings, to
be held within the next few days in the various wards of Salt Lake
and adjoining counties, were made at the same time; the list of
proposed speakers revealing the [names not only of the resident
Apostles but of such well-known citizens as Horace S. Eldredge, A.
Milton Musser, Robert T. Burton, William Clayton, Edward L. Sloan,
^Robert L. Campbell and others. A. 0. Smoot, ex-Mayor of Salt Lake
City, but then, as now, a resident of Provo, presiding in the Utah
Stake, and Apostle Joseph F. Smith were designated to present the
subject to the people in Utah County, and the members of "the
Twelve" residing in more distant counties, as well as presiding
Elders in the various settlements, were requested to lay the matter
before their respective flocks "and take subscriptions, which were to
be received at the office of Hon. William H. Hooper.

On Friday, the 16th of October, a meeting of shareholders in
the contemplated store was held in the City Hall, Salt Lake City,
when were elected the following officers : Brigham Young, president;

282 HISTORY OF UTAH.

John M. Bernhisel, vice-president; those two gentlemen and George A.
Smith, George Q. Cannon, Horace S. Eldredge, Henry W. Lawrence
and William Jennings, directors; William Clayton, secretary, and
David 0. Calder, treasurer. Franklin D. Richards, Aurelius Miner,
Henry W. Naisbitt and Joseph Woodmansee were appointed a
committee on constitution and by-laws, and the secretary, whose
office was now located in Eldredge & Clawson's store, was urged to
collect the subscriptions by the 1st of November if possible, but by
the end of the year at latest.

Whatever may have been the hopes and surmises of the
opposition, here was indisputable evidence that the co-operative move-
ment could not be derided into defeat. Launched with the aid of
such men as constituted the board, its financial strength and status
were at once assured; and the names of stockholders on the earliest
list, comprising many from Weber, Davis and Utah counties, proved
that the interest of the people generally was enlisted on the side of
the new departure. The efforts of its antagonists, whether openly
or secretly put forth, were therefore wholly unsuccessful; and
almost before the committee on by-laws had had time to report, there
were tenders of goods from friendly merchants, to be received for
stock, and paid for on stipulated terms, amounting to nearly half a
million dollars.

But large bodies proverbially move slowly. Delays ensued and
gave some of the extreme ardor a chance to cool. The senti-
ment of the people underwent no change, but the heavy merchants
began to argue that, after all, the amalgamation ot so many interests,
involving the loss of individuality, was only a gigantic experiment in
which there was a considerable element of risk. Their lukewarm-
ness did not take the form of active opposition, — as such it would
have been more easily combatted. It was merely a species of easy con-
tentment, or "masterly inactivity." Their Gentile competitors were
cut off from Mormon trade, which must of necessity flow to them-
selves, and they were pretty well satisfied with the condition as it
stood. President Young doubtless chafed under the unexpected turn

HISTORY OF UTAH. 283

affairs had taken, but he inculcated patience in his associates and
resolutely went forward in the accomplishment of the project whose
success he never doubted for a moment.

Meanwhile other parts of the Territory were more readily
brought into line on the prevailing question. In the latter part
of November a convention held at St. George formed the "Southern
Utah Co-operative Mercantile Association," with Erastus Snow as
president, Jacob Gates, Robert Gardner, John Nebeker, Franklin R.
Woolley, William Snow, Joseph Rirch and W. H. Crawford, directors;
James G. Rleak, secretary and treasurer, and F. R. Woolley, business
agent, with Joseph Rirch as his assistant.* Refore the end of the
year similar organizations had been effected in other counties, though
active operations were not really inaugurated until some months later.
Still the movement lagged in the chief city, the Territorial and
Church headquarters, and but for a happy incident it might have
been indefinitely postponed. This was neither more nor less than the
actual establishment of a co-operative store at Provo, which, backed
by the strongest and most successful business men in the county, as
well as by Rrigham Young himself with his money and influence,
threatened to take from Salt Lake City the parent institution with
which her Mormon merchants had been too long dallying. To
thoroughly understand this shrewd venture of the southern city it is
necessary to take a brief retrospect.

As stated, the tendency of the prevailing instructions as to
trading with outsiders was having the most serious effect upon that
class of commercial men throughout the Territory. Their stores
were nearly deserted by customers, who passed them by on their way
to Mormon business houses next door. Even where Mormons and
Gentiles were in partnership the ban was still maintained. In the
list of persons coming within the latter category was Samuel S.
Jones, of Provo, who, having bought out the mercantile business of
Messrs. Joseph Rirch and Lewis Robison, and effected a partnership

* It was on business connected with this institution that Franklin B. Woolley was in
California at the time of his tragic and lamentable death, narrated in a former chapter.

284 HISTORY OF UTAH.

with Ben. Bachman, Esq., a Jew, was prepared to contest with Peter
Stubbs, and Kimball & Lawrence, — whose Provo establishment dates
from early in 1868, — the honor of being the leading business house
of Southern Utah. But the teachings of the October Conference at
Salt Lake wrought a great change in affairs. Mr. Jones' orthodoxy
was beyond question, but Mr. Bachman, however popular he may
have been in other respects, stood outside the pale and was made the
unwitting obstacle to turn trade from his own and his partner's door.
Noting these effects, and conscious that there could be but one result,
and that not long deferred, Mr. Jones' active mind was quickly
turned in the direction of the destined system of co-operation, and
he felt that in his own case, and indeed in the case of all save the
dealers who were profiting by the monopoly, the quicker the change
was made the better. He plumply said so to a companion — Elder
David John — with whom he was returning from a Sunday school
meeting one evening late in autumn, and the two agreed to lay the
matter of an immediate organization before President Smoot next
day. The appointed meeting was held, others followed it, and at one
of them, held December 4th, 1868, the matter was definitely acted
upon and a preliminary organization effected. Besides President
Smoot, the speakers who advocated the measure were S. S. Jones,
Peter Stubbs, David John, Myron Tanner, E. F. Sheets — who had
been one of the attendants at the Salt Lake meeting in October and
had afterwards spoken and labored earnestly for the cause — and some
others. The subscriptions at the meeting amounted to nearly $5,000,
and the prevailing opinion was that business should begin early in
the spring. Other meetings of the stockholders and temporary
officers were held, arid during the month additional stock to the
amount of $12,000 was subscribed. On January 5th, 1869, it was
resolved in a meeting of the directors that the company's name
should be the "Provo Co-operative Institution," and a committee on
by-laws was appointed. Then came a meeting of shareholders on
the 8th of February, which was also attended by President Young,
Apostles Richards, Cannon and Smith, Henry W. Lawrence and

HISTORY OF UTAH. 285

others from Salt Lake City. The election of officers was proceeded
with and the following were chosen : A. 0. Smoot, president; Myron
Tanner, vice-president ; E. F. Sheets, A. F. Macdonald, A. H. Scott,
S. S. Jones, and G. G. Bywater, directors; L. John Nuttall, secretary,
.and Isaac Bullock, treasurer. President Young's warm encourage-
ment of the project found expression in counsels to the effect that
the new institution should obtain its goods directly from the East
and undersell the Salt Lake merchants, who if they felt themselves
injured had no one to blame but themselves, since they had had the
opportunity of retaining the trade and had deliberately refused it.
Herein was a plain hint as to what might be expected if they still
proved dilatory or unfavorable. He proved his faith by his works
in offering to subscribe for five thousand dollars in stock, an example
followed by Mr. Lawrence, who in proposing to turn over to the new
company the large stock and new store of Kimball & Lawrence,
expressed his willingness to take $3,000 in stock. Mr. Lawrence's
offer was unanimously accepted, and as soon as the goods could be
invoiced the transfer was effected and co-operation was fairly under
way. Editor Cannon on his return to Salt Lake complacently
expressed the general view when he said in the Deseret News:
"Provo has set an example which Salt Lake City need not be
ashamed to imitate." Richard R. Hopkins, who had been in charge
of Kimball & Lawrence's establishment, was appointed superin-
tendent of the institution, and S. S. Jones, whose urgent zeal, as
seen, had brought to Provo the honor of inaugurating real
operations under the system, was placed in charge of the "West
Co-op." branch in that city.

But while to Provo belongs the credit of beginning co-operation
on a scale of magnitude and with the design of dealing directly with
eastern houses and supplying at wholesale rates smaller institutions
at home, it must not be supposed that the instructions of the last few
months had been wasted upon the people in the outside settlements,
where means was limited and where the only hope of mercantile
success was in the combination of resources. Co-operation,

286 HISTORY OF UTAH.

indeed, had become a word to conjure with. There was talk of
co-operative silk industries, co-operative railway contract companies,
co-operative saw mills and dairies, co-operative relief society stores,
etc., etc. The smaller villages, and the several wards in the lafger
cities, set about organizing companies after the pattern set by the Salt
Lake parent organization in October, 1868, and were preparing to
begin early operations. Indeed when Bishop Sheets and Mr. Jones
started out through the southern counties in the interest of co-opera-
tion in general and the Provo institution in particular, they found a
prosperous "Farmers' Co-operative Store" in operation at Spanish
Fork, under the management of James Miller, and a " People's
Co-operative Store" at Spring City, Sanpete County, under the able
superintendence of George Brough. Of even earlier date was the
establishment of a "People's Co-operative Store" at Lehi, which
during the first six months paid its stockholders a dividend of
twenty per cent.

The real impetus given the movement, however, was through the
prompt action of Provo, whose institution proposed to be thoroughly
independent of the Salt Lake merchants and purchase directly from
the East. Before this could be done, however, the parent institution
had begun operations and the Provo stores were merged into the
general Territorial system. Two or three days after President
Young's return to "the city" he called the directors of the duly
organized but still inoperative company together and presented the
grim but forcible alternative that if Salt Lake did not at once move
forward the southern city would reap all the benefits and become the
headquarters of the new system. Such talk had its effect.
Opposition from Mormon sources vanished, and the offers of local
merchants to turn over goods to the company flooded in upon the
committee appointed to attend to the matter faster than they could
dispose of them. This committee, consisting of H. B. Clawson,
Henry W. Naisbitt and John Needham, made a report of the offers
received, and were instructed to continue their labors, " to purchase
such stocks of goods or any part thereof as they might deem

Ceo QCsamvn S Sans Co.

, Williams t-

HISTORY OF UTAH. 287

suitable, also to rent suitable buildings for stores and forthwith start
the wholesale business, calling to their aid such assistants, clerks,
and other help as they might need, and make a report of their
proceedings from time to time as the Board might require." The
institution called itself at this time " Zion's Wholesale Co operative
Institution," and it was also referred to as the "Parent Co-operative
Store." Later in February, Secretary Clayton gave notice through
the News that the wholesale store would soon be ready for business,
his advertisement being headed by the afterwards familiar motto and
title: "Holiness to the Lord — Zion's Co-operative Mercantile
Institution." The delay that had marked the earlier steps of the
organization's career had now given way to the utmost celerity, and
at nine o'clock on Monday morning, March 1st, 1869, the doors of
one branch of the wholesale store were opened in Jennings' Eagle
Emporium. Ten days later another branch was opened in the Old
Constitution Building, supplanting Eldredge & Clawson, the junior
partner of that firm, Hiram B. Clawson, becoming general superin-
tendent. On the 21st of April the retail department was opened in
the building formerly occupied by Ransohoff & Company. The great
institution was now fairly inaugurated, and supported by the prestige
and intelligence of the leading business men, — whose loyalty and
magnanimity were loudly praised from pulpit and sanctum, — and by
the* sympathy and interest of the entire community, its prospects
were indeed promising.

By the end of March the institution had on its shelves or in its
warehouses goods representing $450,000, a showing so formidable
that Mr. Naisbitt, who went east as purchasing agent, was able to
calm all doubts as to the success of the co-operative movement, and
obtain such favors as were needed. Of course some breakers were
encountered by the young institution. The large stocks of goods
that had come into its possession had been received at prices which
the advent of the railroad with its reduced rates of freight and
speed in transportation rendered simply preposterous. In the one
staple of sugar, for instance, the price dropped over a hundred per

288 HISTORY OF UTAH.

cent; and the reduction in the old Missouri River rate, which had
ranged from fifteen to twenty-five dollars per hundred, represented
proportionate differences in the prices of all classes of merchandise.
Moreover, much of the stock purchased from the local dealers was
old, culled and well-nigh unsaleable, and yet had to be taken in with
the rest, all being received from the weighing scales at a definite
rate of freight plus the invoice cost. In the case of Jennings,
Eldredge & Clawson, and Ransohoff & Company this was done
in order to secure the premises. It was a terrible strain upon the
energies of the institution ; but it went through the ordeal bravely,
giving the most eloquent proof of its endurance and vitality.

Nor was its experience during the national panic of 1873 less
satisfactory. True, it was severely shaken, but what institution,
great or small, in all the land escaped the effects of that disastrous
period! General Clawson, who had acted as superintendent from
the opening of business up to that time, and General H. S. Eldredge,
who from one of the original directors had been promoted in April,
1873, to the presidency of the institution, made a personal visit to
the East in this emergency and met with a favorable response to all
their requests for extensions and accommodations. President
Young resumed the presidency at General Eldredge's departure and
retained the office until his death in 1877. The veteran Captain
Hooper assumed practical charge as superintendent, filling that
office for a year and a half, during which time the institution fully
recovered itself, and he was in turn succeeded by General Clawson.
whose second term ended in October, 1876.

The successes of the institution cannot be briefly told. The
necessity for branch establishments in other parts of the Territory
was apparent from the first, and the purchase of the stock of D. H.
Peery & Co., and Farr & Co. of Ogden, in 1869, formed at that early
date the nucleus of the powerful establishment in the Junction City
which, under the successive management of David H. Peery, S. P.
Teasdel, Robert S. Watson, Septimus W. Sears and lastly John Wat-
son, has reached the position of magnitude and importance that it now

HISTORY OF UTAH. 289

occupies. Co-operative partnership was already in vogue at Logan,
the natural source of supply for the rich valleys surrounding it; and
the transition to Z. C. M. I. was rapid and easy. Under Moses
Thatcher, the first superintendent, and his successors, Messrs. Robert
S. Watson, Aaron F. Farr, William Sanders and Isaac Smith, the
Logan branch has been of great advantage to that section of
country. At Soda Springs, Idaho, a point concerning whose future
Captain Hooper was ever sanguine, another branch was established
and operated for several years, but it was subsequently merged into
the co operative branch at Eagle Rock, or Idaho Falls. The advan-
tages of Provo as a southern supply and distributing point, especially
for heavy goods, made the establishment of a large wholesale
warehouse there a necessity. The city which aspired to take away
the parent institution from Salt Lake has proved that President
Young's promises might have, been fulfilled.

Pressing as was the demand for the branch houses mentioned,
it was at once supplemented by the conclusion that the institution,
so independent in other respects, must cease parading in rented
quarters, and must own the premises that it occupied. In 1873 this
view found practical adoption in the beginning of work upon the
present home of the institution. The directors were not unconscious
of the danger of diffusing their energies too widely, nor of the
perils that menaced themselves as well as every other mercantile
house in the country during that calamitous year. Nevertheless,

they went courageously forward. The success of co-operation was
not to be retarded by adversities and menaces that caused older and
apparently stronger institutions to stand still in dread expectancy of
impending disaster. The excavation for a mammoth building on
East Temple Street, fifty feet front by three hundred and eighteen in
depth, proved the faith of its founders that Z. C. M. I. had "come to
stay." And indeed the result justified the confidence that its officers
displayed. By April, 1875, when the institution welcomed its
patrons to its new home, — a massive structure of three stories and
basement, constructed of stone brick and iron, — it had passed

19-VOL. Z.

290 HISTORY OF UTAH.

through all the whirlpools and narrows and was riding serenely
upon the smooth sea of assured prosperity. An extension of fifty
feet frontage, doubling the capacity of the building, was soon found
necessary, and its twelve thousand square feet of store-room still
revealed no vacant space. More recently another extension of the
main front, a broad, roomy one-story building devoted to the clothing
and boot and shoe departments, has relieved the overcharged main
building; while a splendid four-story factory on South Temple Street,
with fifty feet frontage by one hundred and sixty-five feet depth,
connecting with the main store, furnishes accommodation for the
hands and machinery whose daily product is five hundred pairs of
boots and shoes and fifty dozen overalls. Besides this the institution
has from the first owned and operated a drug department in a two-
story building, lower down East Temple Street.

A glance at the list of officers who have served the institution
since its inception is sufficient to show that nothing that human
sagacity and character could furnish would be wanting to its success.
Brigham Young's long term of presidency, lasting, with six months'
intermission, from 1868 till his death in 1877. has been mentioned,
as has also the incumbency of General Eldredge during the summer
of 1873. This same gentleman, who was from the beginning a
bulwark of strength to the institution, was its vice-president from
January, 1886, to his death in September, 1888, and superintendent
during two long terms — from October, 1876, to February, 1881, and
from June, 1883, to the time of his death. Captain Hooper's term as
superintendent during the critical time following the panic of 1873
has already been noted. He succeeded Brigham Young as president
of the institution, and like him was retained in office until his death,
which occurred at the close of 1882. William Jennings, the third of
this eminent mercantile trio, — in many respects the most remarkable
of the three and undoubtedly the man whose favor contributed
most to the success of the institution in the beginning, was vice-
president from November, 1873, to May, 1875, and from October,
1877, to the date of his death. January loth, 1886; serving also as

HISTORY OF UTAH. 291

superintendent from February, 1881, to May, 1883. President John
Taylor was elected to the presidency in April, 1883, following the
death of Captain Hooper, and held the office until his death in July,
1887, being succeeded in the following October by President Wilford
Woodruff. The institution's first vice-president was Hon. John M.
Bernhisel, whose term of service extended from 1868 to October,
1873. He was succeeded by Theodore McKean whose first term of
only a month was followed in June, 1875, by a second lasting two
and a half years. The present incumbent is Hon. Moses Thatcher,
elected in 1888 to succeed General Eldredge. He has always been a
staunch supporter of Z. C. M. I. and during many years has been
prominent as a member of the board and of the executive committee.
Prior to April, 1875, the offices of secretary and treasurer were
distinct, and the incumbents of the first-named were William Clayton
from March, 1869, to October, 1871, and Thomas G. Webber, from
October, 1871, to April, 1875; the respective treasurers during the
same period being David 0. Calder from the beginning in 1868 to
October, 1871 ; Thomas Williams from the latter date to his death in
July, 1874, and John Clark from that time until April, 1875, when
the offices were combined, with T. G. Webber as joint secretary and
treasurer. Colonel Webber was relieved in October, 1876, to go
abroad, and David O. Calder assumed the dual position for two years,

•

when Mr. Webber was again elected, and held the office until
October, 1889, when, having the year before been elected superinten-
dent in place of General Eldredge, he was relieved of the duties
of treasurer, these being assumed by August W. Carlson.
The double and responsible duties of superintendent and secretary
Colonel Webber still performs; with the efficient aid of William H.
Rowe as assistant superintendent, and as manager of the factory
department, one of the most admirably successful and best con-
ducted branches of the whole institution.

The thread of succession has hurried us along far in advance of
the rest of the narrative, but the further personnel of the institution
is too interesting a theme to be passed without a word. It has been

292 HISTORY OF UTAH.

seen how valiantly such mercantile victors as Jennings, Hooper,
Eldredge, Clawson and others, and such adept and versatile calcu-
lators as Calder, Webber, Clark and Williams, battled for the success
and supremacy that the institution has won. But in other depart-
ments than office and cabinet it has been befriended and aided by the
best ability that the Territory possessed. The first advertisement
published by the young institution mentioned with pride the fact
that "the services of such well-known salesmen as H. S. Beatie,
John Clark and James Phillips had been secured." Henry W.
Naisbitt, the first purchasing agent to represent the institution in the
Eastern market — an honor that carried with it many difficulties and
responsibilities — has been in almost continuous service ever since in
one department or another, and his cogent logic and facile pen have
frequently enriched cotemporaneous literature with articles upon the
subject of co-operation. Spencer Clawson was for many years
resident purchasing agent in New York. Robert S. Watson has held
the same office, varying its duties with those of superintendent at
Ogden and Logan. Quick and thorough in mercantile affairs S. W.
Sears gave early and earnest service and achieved high honors. As
superintendent of the Ogden branch, and afterwards as assistant to
General Eldredge in the parent institution he efficiently aided and
was much esteemed by that sagacious veteran. Of earlier and more
prominent salesmen and heads of departments, Messrs. Beatie, Clark
and Phillips have been named ; others were John Needham, Nelson
A. Empey, George Teasdale, who was the first superintendent of the
produce department ; S. P. Teasdel, George E. Bourne, Thomas V.
Williams, Henry P. Richards, David Candland, Andrew McFarlane,
A. B. Benzon, Robert Cleghorn, George A. Alder, Stephen Crompton,
Fred C. Anderson, William Eddington, John Sears, Edwin Dowden,
James Saville, John Henry Smith, who was an early warehouse man;
Heber Young and C. G. Rose, superintendents at Soda Springs;
Aaron F. Farr, William Sanders and Isaac Smith at Logan ;
Joseph A. Smith at Idaho Falls; John Watson, D. H. Peery
and W. W. Burton at Ogdon ; C. D. Glazier at Provo!; D. J.

HISTORY OF UTAH. 293

Taylor and Charles Brown, two bright young men who died in New
York while on business for the house; and among the bookkeepers
were Arthur Pratt, H. B. Clawson, Jr., G. H. Snell, Ernest I. Young,
W. J. Beatie, A. W. Carlson, the present treasurer, and a host of
others.

That the institution has met with success in a commercial sense
equal to the brightest hopes of its founders will not be disputed
when it is stated that during its twenty-one years' existence,
including the year 1891, its sales aggregated the enormous sum of
$69,146,881.06, and that up to the 5th of May, 1892, it had paid
in cash and stock dividends $2,059,874.07. The ordinary mind is
amazed at the immensity of the business represented by these
figures, and few are the commercial intellects that do not see cause
in such a showing for the liveliest interest. From the doubtful
experiment of 1868, co-operation in two decades has evolved by the
stern logic of facts into a stupendous fabric whose foundation cannot
be shaken and whose superstructure is fair and inviting. It has
subserved to a marked degree the more important ends which called
it forth, and has always stood as a rampart between the people and
commercial oppression. Strong enough to control or at least regu-
late the market, it has kept prices low, and in the case of a scarcity
in certain commodities, where more grasping corporations were
inclined to levy extortionate profit, it has resolutely stood as the
consumer's friend. Moreover it never has been deaf to the petitions
of the struggling home-manufacturer. The products of Utah
artisans and factories have always been found in stock, and, where
quality and price justified, have been consistently pushed into
popularity by the vast influence that Z. C. M. I. could wield. Us
own mammoth factory — a monument, in a large measure, to the
genius and resource of Assistant Superintendent Bowe, who also
conducted for several years the Z. C. M. I. Tannery — is the result of
the policy of encouragement alluded to, and it is fair to assume that
success in the one experiment will lead to other ventures in the
manufacturing line quite as important to the business welfare of the

294 HISTORY OF UTAH.

Territory. This in fact was President Young's main idea in the
establishment of the institution.

To the charge that Z. C. M. I. has itself developed monopolistic
tendencies, having assumed many of the characteristics of a close
corporation, little space need be devoted. It is true that a large
proportion of the stock has been concentrated in a few hands, and
that the original idea of having all the people shareholders has in a
certain sense been defeated. But it must be remembered that other
co-operative concerns in the wards of the chief county and in the
settlements and cities of other counties of Utah and elsewhere have
given the people opportunities for investment nearer home and more
closely identified with themselves. At present the main institution
has about five hundred stockholders. The co-operative idea, too,
has found development in other than mercantile channels, and there
is scarcely a section of the Territory where there are not vast indus-
tries built and operated upon this principle. For a time it justified
the fears of the non-Mormon merchants, who expected to see it
absorb the business of the community; for though there were many
Mormon dealers who did not merge their stock and interests
with it, they nevertheless hoisted its escutcheon, "Holiness to the
Lord" and the "All-Seeing Eye,'' over their doors. Those were
trying days for such as had never joined the Church, and those,
like the Walker Brothers, who had left it; but there was some balm
for them in the thought that Mormon exclusiveness was now a
thing of the past, and that under the vigorous measures which the
Government was about to enforce, the City and Territory of the
Saints would speedily receive the population and prosperity that
their location warranted. Their prognostications were not long
unverified ; Z. C. M. I. in a short time had ceased to be a menace, and
in the abundance of patronage that flowed to all honorable dealers,
the institution came to be esteemed by them as a mighty but a just
and respected competitor.

The general awakening that resulted from the near approach
and arrival of the railway was not only noticeable in commerce and

HISTORY OF UTAH. 295

mining, but also in educational matters. The University of Deseret,
as we have seen, had been incorporated by the General Assembly of
the State of Deseret early in the year 1850, which act, among others
of the provisional government, was subsequently legalized by the
Legislative Assembly of the Territory of Utah. The early efforts of

the University have been alluded to in a previous volume. The
school, owing to lack of funds and the immature condition of the
Territory's finances generally, was soon discontinued, and entered
upon a long period of helpless inactivity, during which it maintained
only a nominal existence: Late in 1867 it took on a new and perma-
nent lease of life, and on the 2nd of December again opened its doors
to students. Professor Albert Carrington, who had just retired from
the sanctum of the Deseret News, was now Chancellor, and associ-
ated with him as regents were such men as Robert L. Campbell,
Henry I. Doremus, David 0. Calder and others. On the 27th of
November the Roard of Regents met to consider "measures for the
formation of classes to study the various sciences and departments
of literature now forcing themselves imperatively upon the attention
of the friends of education in the Territory." The meeting was
also attended by President Young, his Counselors and some of the
resident Apostles, and the important subject of education was freely
discussed. It was decided to open the mercantile department, "in
that commodious and convenient building known as the Council
House," the chair being tendered to and accepted by Professor
D. 0. Calder. It was also decided to open a department in English
literature, the professorship of which was given to George J.
Taylor, Esq.

Rut it was not only as a commercial and literary school that the
institution put forth this renewed life. While under the direction
of the chancellor and regents, it was prominently asserted that
theology was to receive due treatment, and, indeed, from the "living
oracles of God." President Young presided at the initial meeting,
made the introductory remarks and offered the opening prayer. He
was followed by his counselors, and then by Chancellor Carrington

296 HISTORY OF UTAH.

and Professor Calder. In a very short time, however, the "School
of the Prophets" — such was the title of the theological department,
which was virtually a revival of the Kirtland organization of that
name — with President Young at its head, became a separate institu-
tion, holding its sessions first in the upper west room of the City
Hall, and afterwards, when the membership (which was by card)
became more numerous, in the old Tabernacle.

The commercial department appears to have enjoyed a successful
season; and in the autumn of 1868 — the eventful year which
witnessed the establishment of Z. C. M. I., and the rapid advance of
the locomotive upon our borders — Professor Calder again presented
to the public his process of business education. The favor with
which his proposal was received was an apt token of the commercial
bent of the popular mind at that period; and when the school
opened on the 31st of October, it was supplied with a college
currency, goods, samples and all the miniature adjuncts of practical
commerce, as well as a full array of pupils.

A petition of Chancellor Carrington and the Board of Regents,
presented to the Legislature early in 1868 asked for the University
the appropriation of $10,000; and to the next Legislature, convened
in January, 1869, Professor Calder as chancellor pro tern, — Professor
Carrington then being in England as president of the European
mission — reported "that the sum of $4,898.26 of last year's appro-
priation had been expended in printing ' First and Second Readers,'
and that other works were in hand and nearly completed." The
books referred to were printed in what was known as the Deseret
Alphabet, a series of characters whose awkward appearance and lack
of legibility constituted the only objection to them in the minds of
friends of spelling reform. The idea of phonetic spelling, so
persistently urged by its great apostle, the eminent Pitman, found
early favor with Brigham Young and the Mormon people, and in
1853 the new alphabet had been adopted by the authorities of the
University. A community made up of so many tongues and
nationalities, each desirous of learning to read, write and pronounce

HISTORY OF UTAH. 297

correctly the English, was believed to offer the most inviting field for
the inauguration of the reforms in spelling which even to this day
engage the minds of many popular educators. To this belief is due
the invention of the Deseret Alphabet— a system in which each
sound of the various vowels and consonants was represented by a
fixed character. The alphabet thus arranged consisted of thirty-
eight letters, and at a very early date matrices for the types were
imported under President Young's direction and a quantity of type
was cast. But the matrices and type were clumsily and rudely made
and the lack of beauty and plainness in the characters kept the
reform in abeyance. Finally, late in 1867, it was decided by the
Board of Begents of the University to adopt the Pitman alphabet,
consisting of forty-three letters, and thus gain the benefit of such
books as had already been published. Within a year, as noted,
Chancellor Calder reported the publication of the First and Second
Beaders designed for use in the schools of Utah, the work having
been done in New York under his direction. A committee on
revision, consisting of Apostle Orson Pratt, George D. Watt and
Bobert L. Campbell, Esqs., all of whom were enthusiastic for the
reform and had been engaged in preparing the matter for the two
readers, was appointed by the Board of Begents to attend to the
distribution of these works and proceed with further publications.
For a time much interest was manifested by those who favored the
new departure, and, of course, a corresponding amount of ridicule
was encountered ; but the new alphabet gradually fell into disuse
and in a few years was only referred to as a curiosity. Professor
Pratt's unflagging zeal for the reform exhibited itself in the
translation of the Book of Mormon into the new characters,
to which, as well as to all the labor of proof-reading and per-
sonal supervision of publication, he gave the most unremitting
attention, being assisted through it all by Mr. Campbell, who
was no less earnest and zealous than himself. We here present
as an object of interest the characters composing the Deseret
Alphabet :

HISTORY OF UTAH.

Long Sounda.

Letter.

Name.

SouuJ

Letter. Name.

Sound.

~|. . -

•P

. . . . e . . .as in .

. . . eat.

....a

ate.

v^ • • •

i...

....ah

art.

....aw "

aught.

c..

.che

as in cheese.

....0

oat.

9 ...

•g

....00

ooze.

0...

Short Sounds of lite obovt.

o...

.ga..

.as in...^ate.

.as in . .

it.

et.

r • • -

G ...

• l

at.

L...

.eth

.as in.^Aigh.

ot.

X ..

.the

ttt

&. . .

book.

6 ...

Double Sounds.

D ..

.esh

..as in..flesA.

. . i . . . . as in

. . .ICG.

8 ..

.zhe

" vision.

. ...ow

owl.

.ur

" bwrn.

....ye

. . . . woo

L1 !

M...

.eng.

as in. length.

With the coming of the railway, the opening of Z. C. M. I., and
the general impetus given to all kinds of business, Professor Calder's
energies were soon called in other directions than that of the school
room. He had given the University a fresh start, and had witnessed
a revival of interest in the subject of advanced education on the
part of the whole community. Henceforth there was no reason to
fear that the institution would lead a slumbering or an unhonored
existence. General D. H. Wells was elected chancellor, and changes
in the board of regents infused new blood and inspired a pro-
gressive movement in the management.

Fortunately, too, the man was at hand to stand at the head of

HISTORY OF UTAH. 299

the faculty and place the institution at once in the van of all the
educational establishments in the mountains. Dr. John R. Park, a
native of Ohio, was secured for principal and on the 8th of March
the University, now thoroughly reorganized and conforming more
nearly to the requirements implied by its name, began operations
under his direction. Of this gentleman, now recognized as one of
the foremost educators in the West, it is but just to make more than
a passing mention. His coming to Utah is associated with circum-
stances that might almost be called romantic. Impelled by the fever
that drew so many adventurous spirits into the mining regions of
the Rocky Mountains, he found himself early in the "sixties" a
weary Colorado prospector on whom fortune had so far failed to
smile. Moving still toward the setting sun he finally crossed over
the range into the Great Basin and in the peaceful rural settlement
of Draper, then better known as South Willow Creek, in Salt Lake
County, he accepted employment as a farm hand. The good people
of Draper were somewhat proud of their village school and on
"examination days" and other special occasions during the winter
season the adults were almost as numerous in their attendance and
as interested in the proceedings as the juveniles. The stranger was
invited to visit the school at such times, arid gradually it came to be
known by his conversation and a lecture or two that he was induced
to deliver, that he was an educated man, with a rare gift for impart-
ing information to others. He was solicited to take the mastership
of the school, and did so. Soon the fame of the Willow Creek
school began to spread through Salt Lake and the adjoining
counties. Robert L. Campbell, who was territorial superintendent of
common schools, was not long in discovering the talent which
needed only opportunity for its full development, and Editor Cannon
of the News, from personal observation and otherwise, united with
him in the belief that the man for the hour had been found. Their
colleagues of the board of regents listened readily to their sugges-
tion to that effect and promptly acted upon it. Dr. Park parted from
his friends and pupils at Draper, and entered upon the larger and

300 HISTORY OF UTAH.

more important field opened before him. We will be pardoned for
anticipating the general narrative at this point to say that during the
twenty-three years of his connection with the University — con-
tinuous save for a brief absence in Europe — he has become so
thoroughly identified with it and it with him that to the old pupils
the union seems well-nigh indissoluble. Never was institution
served more faithfully, and never did instructor enjoy to a greater
degree the love and esteem of his pupils than Dr. John R. Park.

The spirit of progress which grew out of a closer union and a
better acquaintance with the outside world was quick to make itself
manifest in other ways than those already noticed. The new era in
commerce and education has already been mentioned ; also the lusty
birth of the mining movement. The manufacture of iron in
Southern Utah had been shown to be practicable, and a Mr. Hayden
Smith, in December, 1869, exhibited at Salt Lake City a fine
specimen manufactured from ores found on the Weber in Morgan
County. Cotton and woolen mills were already in operation in
various parts of the Territory, and others were now projected. The
Coalville and Echo Railway in Summit County, for which the first
ground was broken October 20th, 1869. was pushed forward during the
fall and winter with all speed, and by the time the Utah Central was
completed, coal direct from the Weber mines could be laid down at
Salt Lake City. Early in November of the year mentioned a
dispatch from Corinne, the new town on Bear River, announced the
arrival there of a schooner from Stockton, Tooele County, laden with
ninety tons of freight, including silver ores, lumber, machinery, etc.
This was looked upon as the inauguration of navigation on the Lake ;
but such hopes were never fully realized. The experiment was soon
abandoned. The Deseret Telegraph line was extended northward
into Idaho, and south, east and west new connections were made
with the capital city. The latter began to take on metropolitan airs
rapidly. In January, Edward L. Sloan had compiled and published
the first general directory of the city, and on November 24th, street
lamps were first used. Carpenters began the erection of the gallery

HISTORY OF UTAH. 301

in the large Tabernacle late in November, and the summer had
witnessed considerable activity on the walls of the Temple. A
Territorial fair under the auspices of the Deseret Agricultural and
Manufacturing Society was held in October and distributed generous
awards to. the exhibitors. The display, which was the first for
several years, was incomparably superior to anything that the
Territory had yet witnessed. The 4th and 24th of July of that year
were celebrated in an imposing manner, Associate Justice Hawley,
a newly appointed Federal official, delivering the oration on the first-
named occasion, and being followed by Hon. John Taylor. A
mammoth mass meeting, held on the 7th of October, adopted a
memorial to Congress, setting forth the various attempts of Utah to
obtain statehood, citing facts from her history, 'and solemnly and
earnestly appealing to "the Senate and House of Representatives for
a dispassionate and unprejudiced consideration of our claims for a
speedy admission into the Union upon an equal footing with the
other States."* The meeting was called to order by Mayor D. H.
Wells, and Hon. George A. Smith was elected chairman. The vice-
presidents were Hon. Edward Hunter, of Salt Lake City, General
Erastus Snow of Washington County, Colonel Peter Maughan of
Cache County, General C. C. Rich of Rich County, and Colonel
Thomas Callister of Millard County. George Q. Cannon, T. B. H.
Stenhouse and George Reynolds were chosen secretaries, and David
W. Evans, Edward L. Sloan and Jonathan Grimshaw, reporters.
The following committee on memorial was appointed : D. H. Wells,
Jeter Clinton, Brigham Young, Jr., David McKenzie of Salt Lake
County; Lorenzo Snow, Box Elder County; William H. Dame,
Iron County; Francis M. Lyman, Millard County; A. K. Thurber,
Utah County; Orson Hyde, Sanpete County; F. D. Richards,
Weber County; Hector C. Haight, Davis County; Abram Hatch,
Wasatch County; and David P. Kimball, Rich County. During the
committee's absence stirring speeches were made by the chairman

* It was to this movement for statehood that President Young referred in his address
— already given — at the completion of the Utah Central Railroad.

302 HISTORY OF UTAH.

and others, and when the memorial was presented and read by
Secretary Cannon, it was, on motion of Hon. William H. Hooper,
unanimously and enthusiastically adopted. But this petition, like
all others of a similar character from the people of Utah, met with
no response from Congress, which at that time was in the mood,
more for taking from Utah all her political rights, than for adding to
those that she already possessed.

Following hard upon the completion of the railroad, with the
consequent facilities of safe and speedy travel, came to "the valleys
of the mountains" party after party of notable citizens of this and
other countries, who paused, in their amazement at the vastness of
the continent and at the daring enterprise which had smoothed
the way for the iron horse, to gaze upon the marvel wrought by the
Mormon people in the wilderness. Statesmen and soldiers, lecturers
and journalists, Americans and foreigners, are mentioned in the
records of that time as having spent a few hours or a few days, as
the case might be, in the chief city of the Saints. Some were filled
with bitterness and prejudice when they came, and went away more
rancorous and vindictive than ever. Others came prepared to
receive better impressions, and went away admirers and friends.
Still others were by their own actions adjudged hypocrites, "blowing
both hot and cold," affecting while here the warmest friendship for
the Mormons and when beyond their borders maliciously deriding
and villifying them. The railway brought of all kinds, and the
inner life of Mormondom was in a fair way to be laid bare. Yet
there is no evidence that the majority of Utah's people shrank from
the exposure. They had nothing to conceal ; and that stout faith of
theirs told them that in all the advertising for good and evil they
were about to receive, one certain effect would be that they would
become better known and therefore, as they believed, more justly
judged.

From an early period our most distinguished visitors were
drawn largely from the military class. Many of these have already
been mentioned. Among others who made a more or less lengthy

HISTORY OF UTAH. 303

visit and looked the country over before the railroad arrived, were
General Augur, Commander of the Department of the Platte, and
staff, who visited Salt Lake City and the neighborhood in mid-
summer of 1868. After the transcontinental connection had been
made, General W. S. Hancock, who had been appointed Commander
of the Department of the Northwest and was on his way to his head-
quarters in Montana, stopped a few days with his staff, calling upon
President Young, and receiving such marks of distinction from
civilians and the post authorities as his high rank and eminent past
services to the country made appropriate. This was early in June,
1869, and a few days later, the loth, Major General P. H. Sheridan
and several members of his staff, Generals Boynton, Hopkins and
Rucker, paid Salt Lake City a brief visit. In the same company
were Hon. B. F. Wade, late President of the U. S. Senate, Roscoe
Conkling of New York, Governor Campbell of Wyoming and other
distinguished gentlemen, besides a number of ladies. This party
had scarcely gone before Congressman Julian of Indiana, who at
the previous session of Congress had electrified the country by pro-
posing as a cure for polygamy the extension of the suffrage to the
women of Utah, arrived in the Mormon capital with his wife. On
the evening of the 19th of June the Congressional committee of
ways and means arrived and took up their quarters at the Town-
send House. Hon. Samuel Hooper of Massachusetts was chairman
of the committee and head of the party. Other members were W.
B. Allison of Iowa, H. Maynard of Tennessee, W. D. Kelly of Penn-
sylvania, Austin Blair of Michigan, S. S. Marshall of Illinois, James
Brooks of New York, and others. Hon. Samuel B. Axtell, member
of Congress fr,om California, and afterwards Governor of Utah,
arrived at the same time. It was nearly midnight before the
arrangements of the committee as to future movements Were made
known, but at that late hour, the decision having been reached that
they would leave next evening, Sunday, the 20th, for the West,
Captain Croxall's and the Camp Douglas bands turned out and gave
the distinguished party a serenade. Chairman Hooper, in answer lo

304 HISTORY OF UTAH.

calls from the assembled throng, appeared and made a brief speech,
after which Judge Kelley, the same who afterwards :became "father
of the House of Representatives " and will live to posterity as " Pig-
iron " Kelly, made a felicitous response to the calls of the audience.
Ex-Secretary Seward who had been one of the party from the East,
turned off to Denver and did not reach the Utah capital until a few
days later; but, as if to make up for this disappointment, Anna
Dickinson, the noted lecturer and woman's rights advocate, with her
brpther, the Rev. J. Dickinson, who were members of the party
until they reached Salt Lake City, allowed it to leave without them.
They remained several days and Miss Dickinson presumably
collected the information for her unfriendly lecture on the
Mormons, delivered after all her other attempts had failed, before
a San Francisco audience.

Welcome arrivals about this time, though not of the tourist
class, were a large company of immigrants from abroad under Elder
Elias Morris — the first to come the entire distance by steam. They
reached Ogden on June 25th. The same evening a numerous
Chicago party, including Senator Howe of Wisconsin, a number of
high officials of the Chicago and Northwestern railroad, Horace
White, editor of the Chicago Tribune, and others, arrived from the
East and after two days' stay continued their journey westward.
Ex-Secretary Seward and party, whose stay in Denver had been
shortened, were welcomed by a committee of the city council of Salt
Lake, consisting of Aldermen Samuel W. Richards and H. W. Law-
rence and Councilor Robert T. Rurton, and tendered the usual
courtesies and hospitalities. The inevitable serenade followed in the
evening, at which there were speeches by Governor Seward, Mr. F.
W. Seward, Editor Wilson of the Chicago Evening Journal, State
Senator Fitch of New York, and others, and musical selections by
Croxall's band.

The Chicago Commercial Party, with Senator Trumbull and
Colonel Rowen at their head, of whose visit we shall have more to
say, arrived on the 9th of July and had an interview with President

HISTORY OF UTAH. 305

Young on the 10th. "Ned Buntline " (Col. E. Z. C. Judson) the
lecturer, arrived late in June, addressed to the Deseret News on the
30th a poetical compliment entitled "The Traveler's Tribute," and
lectured on the 7th of July. On the 24th of that month a
Wisconsin party headed by Congressmen B. F. Hopkins and Philetus
Sawyer, and including among numerous state officials Hon. Jeremiah
Rusk, then bank comptroller, reached Salt Lake City. On Sunday, the
15th of August, Reverend B. F. Whittemore, member of Congress
from South Carolina and a minister of the Methodist denomination,
held forth in the Tabernacle; and on the 21st the joint Congressional
committee on retrenchment, accompanied by a number of invited
guests, rolled into town in three special coaches. The committee con-
sisted, on the part of the Senate, of Hon. James W. Patterson of
New Hampshire, Hon. Carl Schurz of Missouri, and Hon. Allen G.
Thurman of Ohio, and on the part of the House of Hon. M. Welker
of Ohio, Hon. J. R. Reading of Pennsylvania, and Hon. Jacob
Benton of New Hampshire. The party attended morning and after-
noon services in the Tabernacle on Sunday the 22nd, and next
day called upon President Young, who showed them over his
grounds, giving them a practical illustration of the method of irri-
gation which had accomplished such wonders in the Territory. On
the 25th Senators Richard Yates of Illinois and W. Pitt Kellogg and
J. S. Harris of Louisiana, with members of their families and others
made a passing call, followed on the 29th by Senator T. W. Tipton
and wife, of Nebraska.

A large party of officials of the Union Pacific and Central
Pacific railroads, including Oliver Ames, then president of the former
company, were in the Territory about the middle of September of
this year — 1869 — one object of their consultation being the removal
of the point of junction of their respective roads from the Promon-
tory before winter. It was not until November that this matter was
decided by the selection of Ogden. Their presence also gave
opportunity for the service of papers on some of the U. P. officials
by certain non-Mormon contractors who felt compelled to resort to

20-VOL. 2.

306 HISTORY OF UTAH.

the law for a settlement of their claims. Major J. W. Powell, the
intrepid explorer, who during the summer had been engaged upon
an examination of the Colorado River, completed his labors, amid
incredible perils, on the 1st, and reached Salt Lake City on the 14th
of September. His course was through Desolation, Coal and
Stillwater Canyons to the junction of the Green and Grand Rivers,
and from there through Cataract, Narrow, Mound, Monument,
Marble, and Grand Canyons to the mouth of the Rio Virgen, where
he was furnished supplies and teams by Mormons to make the
journey northward to the capital. The gentleman delivered a
graphic and interesting lecture on his journey two days after his
arrival. Vice-President Colfax and party, returning from the Pacific
Coast, arrived here early in October. Their visit will be mentioned
more fully a little later. Journalists without number began early in
the spring, when the railroad entered the valley, their westward
march in search of attractions, and kept the local newspapers filled
with "fraternal calls" and "personals."

A visitor who at that time and for some years subsequently
attracted as much of the world's attention as any private individual,
was the irrepressible George Francis Train. Fresh from a British
jail in Ireland, to which his Fenian sympathies had caused him to
be temporarily consigned, he came stumping across the country
announcing his candidacy for the Presidency in 1872, and taking
direct issue with the great majority of his fellow-citizens on almost
every conceivable subject. An impromptu ten-minute speech in
defense of the Mormons delivered during his New England tour
early in 1869, had created a great sensation in his audience and
among the newspaper fraternity. It was epigrammatic and bristled
with telling points, being in fact a condensation of an able speech
delivered in Congress by Delegate Hooper a short time before. On
the 30th of August Mr. Train lectured in Salt Lake City on "Doctor,
Lawyer and Parson," in which his eccentricities of manner and
liveliness of delivery atoned with the audience for the disappoint-
ment that otherwise would have been felt with his treatment of the

HISTORY OF UTAH. 307

subject. But the next evening, when he gave a continuation of his
theme, he had the audience completely with him, and when he was
not being cheered to the echo his words were listened to with
breathless interest. He warmly commended the life and labors of
Brigham Young and the Mormons, urged them to continue the
conflict on the lines marked out, and predicted a glorious future for
them and the Territory. He became a fast friend of the community
and after leaving Utah was perpetually engaged in controversy with
journalists and others on the Mormon question, he being invariably
on the side of the Saints.

Another platform friend of this period was Mrs. Augusta N.
St. Glair, who with her husband, a companion and a coachman,
traveled three thousand miles by rail, one thousand four hundred
miles by steamer and stage, and over four thousand miles by private
conveyance, through the western States and Territories, collecting
materials for her lectures. The journey had been planned by her
daughter, Augusta, who, upon the party's arrival at Salt Lake City
in November, 1868, was stricken with mountain fever, from which
she died on the 23rd of February, 1869. She was a young woman of
rare abilities, and although only twenty years of age had lectured
over a thousand times during the preceding five years. Her father
publicly expressed his gratitude to the Mormon people for generous
attentions during her sickness and after her death, and President
Young preached the funeral discourse. Mr. St. Glair then continued
his journey westward. The bereaved party, which had temporarily
separated, presumably on account of the young lady's illness,
reunited in California, where Mrs. St. Glair had begun her lecturing
tour.* She spoke with eloquence, courage and gratitude of the
Saints and was warmly welcomed when, after a tour of the North-
west, she reached Salt Lake City and delivered a farewell lecture on
the 22nd of November, 1869.

* Mrs. Charlotte I. Godbe — now Mrs. G. I. Kirby — of Salt Lake City, who was in
California during the summer of 1869, in a communication to the Deseret News dated
August 13th, of that year, bore testimony to the courage and eloquence of Mrs. St. Clair
in defending before a San Francisco audience the " Mormon women."

308 HISTORY OF UTAH.

About the time of the establishment of Z. C. M. I. a United
States land office was opened in Utah. On the 2nd of December,
1867, Hon. William H. Hooper had introduced into the House of
Representatives two bills; one providing for the admission of
Deseret into the Union — which measure was never acted upon — and
the other providing for the creation of the office of United States
Surveyor-General for this Territory. The latter bill became a law
on July 16th, 1868. Ry order of the Secretary of the Interior the
office was located at Salt Lake City in the autumn of that year.
General John A. Clark, who has before been mentioned, was the first
incumbent, arriving in Utah in the early part of November.
Previous to the passage of this act, Utah and Colorado were com-
prised in one surveying district, the chief office of which was at
Denver, and at whose head, at this time, was Surveyor-General W.
H. Lessig.* To this official Mayor Daniel H. Wells of Salt Lake City
had sent, on the 23rd of September, 1867, the declaratory statement,
together with the necessary plat, etc., to enter Salt Lake City under
the townsite law, which had been enacted during the previous
March. Similar action on the part of the mayors of other incor-
porated cities and of the various country judges in the Territory was
strongly urged by the local press, and during the next few months—
especially after the establishment of the Utah office — the advertising
columns of the Salt Lake papers were filled with declaratory notices
of this character. The act creating the office of Surveyor-General
for Utah also provided for, and its approval was immediately
followed by the extension of the land laws over this Territory ; not,
however, until the seeds of future disputes had been sown with
reference to lands lying along the line of the Pacific Railway. It
has been alleged that the Mormon people did not wish the establish-
ment of a surveyor-general's and a land office in this Territory — that
they did not want to acknowledge the right of the Government to

* S. R. Fox, the Surveyor-General mentioned in Chapter I, page 25, of this volume,
as being among President Lincoln's official appointees for Utah, does not appear to have
acted in that capacity in this Territory.

HISTORY OF UTAH. 309

give them titles to their lands — but this statement is thoroughly
exploded by all the facts. The people were urgent in their demand
for these acts of recognition, and the Legislature in January, 1868,
had unanimously adopted and Governor Durkee had approved a
memorial to Congress asking for the speedy passage of Delegate
Hooper's bill. In the early part of March, 1869, the United States
land office for the district of Utah was opened in Salt Lake City,
with C. C. Clements as register and L. S. Hills as receiver. The
latter, who was a Mormon, was superseded in a few weeks by Giles
P. Overton of Pennsylvania, his appointment bearing date of May
3rd, and on the 15th of the same month Mr. Clements gave way to
General George R. Maxwell as register. This gentleman, of whom it
will be necessary to speak at greater length in subsequent chapters,
was a shattered veteran of the Civil War.* He came to the Territory
and entered upon his official duties on the 15th of June, and a
month later Mr. Clements, whom he had displaced, moved into the
Surveyor-General's office, vice General John A. Clark.

Respecting other Federal officials who figured in Utah during
this period, a brief statement will here be appropriate. Hon. Amos
Reed, the diligent and popular Secretary of the Territory had been
succeeded on the 20th of December, 1867, by a friend of his, Edwin
Higgins of Michigan, who took the oath of office before Associate
Justice Drake on the 23rd of January, 1868. During part of the
following spring Mr. Higgins was acting governor, in which capacity
he addressed a message to the Legislature at its eighteenth annual
session beginning January llth, 1869. He was succeeded in May,
1869, by S. A. Mann of Nevada, whose commission, dated April
27th, was presented one month later and the oath of office taken
before Chief Justice C. C. Wilson. Secretary Mann performed the
duties of acting governor from the beginning of 1870, — sending in
that capacity a message to the Legislature at its nineteenth annual

* It appears that General Maxwell's name was sent to the Senate as early as April for
confirmation as Superintendent of Indian affairs for New Mexico. His Utah appointment
was doubtless more to his liking.

310 HISTORY OF UTAH.

session on January llth, — until the arrival of Governor Durkee's
successor, J. Wilson Shaffer, in the latter part of -March.*

Mention has already been made of Chief Justice Titus and
Associate Justices Thomas J. Drake and Solomon P. McCurdy, as
representing the judiciary of the Territory. Judge Drake, having
served a full term, had been reappointed March 20th, 1866. Enos
D. Hoge wds confirmed Associate Justice in the summer of 1868 —
Judge McCurdy's nomination as Chief Justice being rejected at the
same date — and on August 2olh he took the oath of office, being
assigned by Governor Durkee to the Second Judicial District, with
St. George as the place of holding court. For Chief Justice the
name of Edward 0. Persen of New York, had been sent to the
Senate on the 23rd of June, 1868; but later the name of Charles C.
Wilson of Illinois, was substituted. The latter reached Salt Lake
City on the 10th of September and next day qualified and took his
place upon the bench in the Third Judicial District. Within a
month after President Grant's inauguration — March 4th, 1869 —
Judge Drake resigned, and on April oth a commission to his
successor, Obed F. Strickland of Michigan, was issued, the new
Justice being assigned, on his arrival, to the First District at Provo.
On the 19th of the same month, Cyrus M. Hawley, also of Illinois,
was appointed Associate Justice in place of Judge Hoge, removed,
and on the 29th of May he took the oath ot office. His appoint-
ment led to a unique and interesting contest which was not
determined until the 16th of September following. Judge Hoge
maintained that the President of the United States had no power,
according to the Organic Act of the Territory, to displace Territorial
judges, except for malfeasance, until the four years' term for which
they were appointed had expired, and that Judge Hawley's appoint-
ment was therefore invalid and gave him no right to the seat. The

* Governor Durkee's four years' term expired December 21st, 1869. He died at
Omaha on his way back to his Wisconsin home. He had had a protracted stay in Utah,
and was much esteemed by the people.

HISTORY OF UTAH. 311

case was ably argued on both sides, and was decided in favor of the
new appointee.

An official with whom the people of Utah had had a friendly
acquaintance for many years was removed from their midst during
this period of rapid changes. We refer to General A. L. Chetlain,
Assessor of Internal Revenue, who accepted the appointment of U. S.
consul at Brussels. The change was one of the first made by
President Grant's administration, William Carey, of Illinois, being
named for the local office as early as April, 1869. He declined the
honor, however, and in May it was tendered to and accepted by Dr.
John P. Taggart. An appointment made late in September of this
year — 1869 — smacked slightly of local home rule, though it lacked
the spirit of that doctrine. Josiah Hosmer, who had served two
years as United States Marshal for Utah, was succeeded by J. Milton
Orr, a member of the Salt Lake firm of Nounnan, Orr & Co. He
held the office until May, 1870, when Colonel M. T. Patrick arrived
and succeeded him. Many of these removals and appointments were
prompted by a policy the reverse of friendly, which President Grant,
influenced by Vice-President Colfax and others, had been induced
to pursue in relation to the Mormon people. Not many months
passed after his inauguration before every Federal official in Utah
suspected of cherishing friendly feelings for the Saints, was dis-
placed and the offices vacated filled with pronounced anti-Mormons.

A few words, before closing this already lengthy chapter, upon
the subject of early non-Mormon churches in Utah. The pioneers
in this direction appear to have been the Congregationalists, who, as
early as January, 1865, began holding meetings at Salt Lake City;
the first non-Mormon religious gatherings that ever convened in the
Territory. We except, of course, the meetings of the Morrisites;
also those of a sect called Gladdenites, and another termed
Josephites, — dissenting Mormon factions.* That the Congregation-

* The Gladdenites — so named for their leader, Gladden Bishop — separated from the
Church in 1852, when polygamy was proclaimed as one of its doctrines. Gladden
Bishop had several times been a backslider from Mormonism, and as often a returning

312 HISTORY OF UTAH.

alists were the first to enter the field was due to the fact that the
Reverend Norman McLeod, who has already figured prominently in
these pages, and who, during the month named, arrived here from
Denver to begin his duties as Chaplain at Fort Douglas, chanced to
he a minister of that denomination. As the local Gentiles had no
religious instructor, and the dividing line between them and the
Mormons was beginning to be rigidly drawn through the efforts of
General Connor and his associates, they rallied around Mr. McLeod,
who was a strong anti-Mormon, and solicited him to hold regular
Sabbath services in the city as well as at the Fort. He complied
with their request, preaching his first sermon at Daft's Hall, the
upper floor of Daft's store on Main Street, on the 22nd of January.
The use of the hall had been tendered for that purpose by the
Young Men's Literary Association, a society organized by the
Gentiles in November, 1864, and who rented the place for their
meetings at one hundred dollars per month. Mr. McLeod continued
preaching at Daft's Hall during most of the year 1865, and it was
doubtless to him that the Colfax party listened, when in June of that
year, on the evening of the Sabbath that they entered Salt Lake
Valley, they attended the Congregational service, as set forth in a
previous chapter. In the month of February their church and
society had been formally organized; also a Sunday school of which
the ill-fated Dr. Robinson was superintendent, and which soon
enrolled over a hundred pupils. Independence Hall, built by the
Congregational Society, was finished in November, 1865, and the
first religious service was held there on the 26th of that month.

prodigal to the parent fold. His right hand man was one Alfred Smith, recently from St.
Louis. The Gladdenites were few in number, and in 1853 all or most of them migrated
to California. Gladden Bishop afterwards returned to Utah, died and was buried at Salt
Lake City. The Morrisites have already been mentioned at length. The Josephites, to
whom we have before referred, and will mention again soon, were followers of Joseph
Smith — " young Joseph " — eldest son of the murdered Prophet. They were organized as
a church at Piano, Illinois, in the year 1860. Three years later they sent missionaries to
evangelize the Utah Saints, whom they regarded and still regard as wanderers from the
true Mormon faith.

HISTORY OF UTAH. 313

The deed to the land on which the building was situated — a portion
of Lot 51, G. S. L. City survey — ran from Samuel J. Lees to John
Titus, P. Edward Connor, William Sloan, Charles H. Hempstead, D.
Fred. Walker, John W. Kerr, Howard Livingston, Samuel Kahn, J.
Mechling, Dr. Griswold and George W. Carleton. The lot cost $2.500
and the building about |5,000. Early in 1866 Mr. McLeod left for
the east "to raise money and also to represent Gentile interests at
Washington." Whether or not this meant the misrepresenting of
Mormon interests at the nation's capital and elsewhere, according
to the fashion of some Christian ministers, who have condescended
to such un-Christian methods in order to "raise money" for their
evangelical work in Utah, we cannot say. It is a fact, however, that
Mr. McLeod heartily hated the Mormons, against whom he turned
the full force of his burning eloquence here in their very strong-
hold, and doubtless did all that he could to their injury in other
places. It was during his absence that his friend Dr. Robinson was
assassinated, which had the effect — since he attributed that crime
to the Mormons — of embittering him still more. The Gentiles, or
many of them, viewing this bloody deed as only "the beginning of
sorrows" of a like character, about to be visited upon them — a fear
that was never realized, for the reason that such a movement was
never contemplated — now thought seriously of making an exodus
from the Territory, and Mr. McLeod, who was about returning to
Utah, was met at Fort Leavenworth by a letter advising him not to
do so. He therefore remained in the East, not visiting Salt Lake
again until 1873, at which time he began another series of anti-
Mormon sermons in Independence Hall. In the interim, however,
the work he had inaugurated was left to languish, and for some
time, so far as his church was concerned, was absolutely suspended.
Meantime the Episcopal Church, at its first general conference
held after the close of the Civil War, had determined to push its evan-
gelical operations farther west, and to constitute a missionary district of
the Territories of Montana, Idaho and Utah. It placed in charge of
this extensive, if not thickly populated diocese, Rev. Daniel S.

314 HISTORY OF UTAH.

Tuttle, Rector of Zion's Church, Morris, Otsego County, New York,
who was ordained a bishop in order to be qualified to preside over
the district. His ordination occurred May 1st, 1867, in Trinity
Chapel, New York City. Bishop Tuttle at this time was only thirty
years of age, but though young and comparatively unknown, was a
man of character and ability, whose uprightness, honesty of heart,
high sense of justice and humane and generous soul, allied with
great natural courage and a robust and athletic frame, specially
fitted him for the arduous duties of his responsible calling. Though
in manner somewhat brusque — which was only the blunt candor of
his fearless and honest nature — he was nevertheless kind-hearted
and affable, and wherever he went made many friends. The Mor-
mons loved him because of his fairness and candor. Though
stating plainly his points of difference with the Saints, either to
them or to others, here and elsewhere, he never condescended to
abuse or misrepresent them, but on the contrary took pleasure in
testifying of their good traits, their honesty, industry and morality,
even while deploring what he considered the errors of their religious
faith. In this way he won the hearts of the people of Utah, who
highly esteemed him, and when he finally left the Territory,
parted from him with unfeigned regret. Mrs. Tuttle, his wife, a
most estimable lady, shared with him his kindly feelings for the
Saints, and in the reciprocal sentiments thereby awakened.

Bishop Tuttle, having secured the co-operation of two young
clergymen, in the persons of the Revs. George W. Foote and
Thomas W. Haskins, in April, 1867, just prior to his ordination,
sent them ahead of him to "look out the land."* They arrived at
Salt Lake City on the 4th of May, and being kindly received, as their
letters state, by both Mormons and Gentiles, held the first Episcopal
service in Utah in Independence Hall, on Sunday, May 8th. Bishop

*Mr. Tuttle had been selected for the new western diocese in October, 1866, and
immediately went to work laying his plans for future operations ; but not having quite
attained his thirtieth year — the age required in a bishop of the Episcopal Church — he
was obliged to wait until May, 1867, for his ordination.

HISTORY OF UTAH. 315

Tuttle soon followed, accompanied by Rev. E. N. Goddard, Mrs.
George Foote, Miss Foote — who subsequently became Mrs. A. W.
White — and Rev. G. D. B. Miller. The last-named was for many
years a familiar figure in these parts, was esteemed by his associates
as a faithful and earnest worker for their cause, and by the Mormons
as a gentlemanly and fair-minded man. This party reached Salt
Lake City on the 2nd of July, having occupied forty-two days in
making the journey from New York. Bishop Tuttle held his first
service in Independence Hall — which had been leased for a year — on
July 7th. At first there were but five communicants, all ladies,
namely: Mrs. Fidelia B. Hamilton, Mrs. Augusta Tracy, Mrs. Mary
Durant, Mrs. Whitehill and Miss Mary Foster, but the missionary
party added four names, and on Sunday, July llth, the Bishop
confirmed eleven. The first child baptized in the church was
Catharine C. Miles; the first marriage was that of Mr. Samuel
Woodward and Miss Mattie Spencer; and the first burial that of
James G. Rogers. St. Mark's School, founded by the Episcopalians,
was opened on the 1st of July — one day before Bishop Tuttle's
arrival — in an old bowling alley, formerly owned by Dr. Robinson,
on the west side of Main Street in the rear of the Walker House.
The first day there were registered sixteen pupils, which number was
doubled within two weeks. The Episcopal Church also fell heir to
the Sunday school organized by Mr. McLeod, as well as to a portion
of his congregation. Messrs. Foote and Haskins continued in charge
of affairs in Utah, while Bishop Tuttle, accompanied by Mr. Goddard,
pushed on by stage to Montana, Mr. Miller having already gone to
Idaho to take charge of St. Michael's Church at Boise City. Bishop
Tuttle remained in Montana, which was made the headquarters of
his diocese, until October, 1869, when he removed to Salt Lake City,
where he continued to reside until called to the Episcopate of
Missouri. In July, 1870, the corner stone of St. Mark's Cathedral
was laid, and in September of the year following that edifice was so
far completed as to be occupied for service. Prior to this time St.
Mark's Parish had been organized, with Messrs. Hussey and Taggart

316 HISTORY OF UTAH.

as wardens, and Messrs. Tracy, White, Humphreys, Norrell and
Moulton as vestrymen. Bishop Tuttle was Rector of the Parish.
St. Mark's Hospital — the first institution of the kind established in
Utah— was founded in 1872, Rev. R. M. Kirby being one of its
principal promoters. Nine years later — to anticipate for a moment —
Rowland Hall, a boarding and day school for girls, was established.
When Bishop Tuttle left Utah for Missouri in 1886, there were in
this jurisdiction of the Episcopacy eleven clergymen, seven church
buildings, eight hundred and thirty-six communicants, five schools,
seven hundred and sixty-three pupils, one thousand and forty
Sunday school children and church property worth twenty thousand
dollars. The present head of the diocese — which now comprises
Utah and Nevada, and no longer includes Idaho and Montana — is
Bishop Abiel Leonard, an amiable and accomplished gentleman, to
whose courtesy the author is indebted for most of the foregoing facts
in relation to the pioneer work of the Episcopalians in this region.
The Congregationalists resumed operations, as stated, with the
return of Reverend Norman McLeod to Salt Lake City in 1872. But
the "gospel of hate "is never popular with true Christians, even
against Mormonism, and the kind words and peaceful persuasiveness
of Bishop Tuttle and his associates of the Episcopal Church, was
better calculated to melt hearts and win souls than the fiery
phillipics of the Congregational Demosthenes. At the end of the
year Mr. McLeod resigned, and services at Independence Hall were
again discontinued. A better man for the place vacated was
Reverend Walter M. Barrows, a former parishioner of the great
Beecher, who arrived from the East on Christmas day of 1873, to
take charge of affairs under the auspices of the American Home
Missionary Society. Through his exertions the Congregational
church and society were reorganized and reincorporated in June and
July, 1874. There were then twenty-six church members. The
incorporators were Charles H. Hempstead, D. F. Walker, R. H.
Robertson, Thomas R. Jones, Frank Tilford, I. 0. Dewey, John T.
Lynch, 0. J. Hollister, Henry C. Goodspeed and Henry S. Greeley.

HISTORY OF UTAH. 317

A few years later the society incorporated Salt Lake Academy, built
Hammond Hall, and established a free school in the Tenth Ward of
Salt Lake City, out of which school grew the Second Congregational
Church. Mr. Barrows was succeeded in 1881 by Reverend Frank T.
Lee. The present pastor of the First Congregational Church,
Reverend J. Brainerd Thrall, arrived about Christmas time, 1884.
He is an active and energetic worker, an able speaker, a fine
scholar, courteous, obliging and popular,*

Presbyterian work in Utah dates from the rise of Corinne, early
in 1869. But at the capital city no church was established until
1871. In July of that year Reverend Sheldon Jackson, superin-
tendent of Presbyterian work in the Rocky Mountains, visited Utah
to survey the situation with a view to beginning operations on a
more extended scale, and in the following September Reverend
Josiah Welch, the first resident Presbyterian pastor, arrived on the
scene of his labors. He preached first in Faust's Hall, a long,
narrow apartment originally designed for a hay loft, over a livery
stable on Second South Street. In November the First Presbyterian
Church of Salt Lake City was organized with ten members. The
church building which stands on the corner of Second East and
Second South Streets, was begun early in 1874, and dedicated in
October of that year. Mr. Welch died while on a visit to friends in
the East in 1877, and was succeeded by Dr. R. G. McNiece.

The Methodist Church sent its first missionary to Utah in the
spring of 1870. He was the Reverend Gustavus M. Pierce, who
arrived at Salt Lake City in May, and held his first service on the
15th of that month in Faust's Hall. A few years later a fine church
was erected on Third South Street, near the historic spot where the
Mormon Pioneers made their camp on the south fork of City Creek
in July, 1847. Neither Mr. Pierce, the pioneer of Methodism in
Utah, nor his associate, the Reverend J. P. Lyford, who began

* Independence Hall was sold in January, 1890, for $50,000, with which means a
new and magnificent church edifice has been erected on the corner of First South and
Fourth East Streets, Salt Lake City.

318 HISTORY OF UTAH.

operations in Utah County early in the "seventies," were popular
with the people. They were too much given to romancing — to use a
mild phrase — in other words to exaggerating and misrepresenting
matters in Utah, to win the love and respect of her citizens to any
great degree. As a sample of the stories told by them in the East to
enlist the sympathies and loosen the purse strings of pious people in
behalf of the Methodist cause in this Territory, was one related by
Mr. Ly ford, who made himself the hero of an imaginary situation in
which he was represented as preaching at Provo with the Bible in
one hand and a revolver in the other, in order to over-awe the
Mormons and defend himself against assault. The present
pastor of the First Methodist Church is Reverend Thomas
Corwin Iliff.

Last but not least in the category of non-Mormon churches
established here during the years immediately preceding or
following the advent of the railway is that of the Roman Catholics.
It was on the 26th of November, 1871, that the church of St. Mary
Magdalen was dedicated. The lot upon which this building stands —
situated on Second East Street, between South Temple and First
South streets, Salt Lake City — had been purchased by Father Kelly
not long before. The resident pastor at the time the structure was
reared, however, was Reverend P. Walsh. Besides himself there
were then but six or eight Catholics composing the local religious
body. This was the first organization in Utah, though a Catholic
missionary had resided here since 1866. It is stated upon good
authority that among those who donated toward the erection of the
church of St. Mary Magdalen were Presidents Brigham Young and
Daniel H. Wells and other Mormons. In 1873, Father Walsh was
recalled to San Francisco, and Father Scanlan, the present Bishop of
the diocese of Salt Lake, succeeded him. St. Mary's Academy was
founded in May, 1875, and opened for boarders and day scholars in
September following. Simultaneously the Hospital of the Holy
Cross was established, but did not open in the present building until
several years later. All Hallows College was of later institution.

HISTORY OF UTAH. 319

These edifices are all ornaments to the city and a great credit to
their projectors. The site of the future Catholic cathedral and
Bishop's residence — the latter of which has just been completed —
is on East South Temple Street. There dwells Bishop Scanlan, and
with him are Fathers Kiely, Trombley, Fitzgerald and Scallan.

So much for the present upon the subject of Utah's non-Mormon
churches; a theme upon which the author designs dwelling more
fully hereafter. The purpose has been to mention here only the
pioneer churches and their early workings. Other denominations,
which came later, will all be duly noticed at the proper time and in
the proper place.

320 HISTORY OF UTAH.

CHAPTER XIV.

1869-1870.

PRESIDENT GRANT'S ATTITUDE TOWARD UTAH — THE PERSONS CHIEFLY RESPONSIBLE FOR HIS

UNFRIENDLINESS TO THE MORMONS VICE-PRESIDENT COLFAX AND DOCTOR NEWMAN —

SENATOR TRUMBULL AND THE CHICAGO COMMERCIAL PARTY COLFAx's SECOND VISIT TO

SALT LAKE CITY — HE DECLINES ITS PROFFERED HOSPITALITY THE GODBEITE MOVEMENT —

THE TAYLOR-COLFAX DISCUSSION.

LYSSES S. GRANT was now President of the United States,
and Schuyler Colfax was Vice-President. Unlike his prede-
cessors, Presidents Lincoln and Johnson, "the silent man of the
White House" was not persuaded that the "let-alone" policy in re-
lation to Utah was the right one to pursue. And now that the
South had been conquered, the slavery question settled, and the
work of reconstruction practically accomplished with reference to
the States that had been in rebellion, the warrior President and the
party that he represented, flushed with victory, turned their at-
tention to this Territory, determined to solve, by special legislation
and judicial machinery, if possible, and if not, then by the sword,
the vexed and vexing Mormon problem; extirpating the practice of
polygamy, already associated with slavery and styled by this cutter
of Gordian knots, this Alexander of politics — the Republican
Party — "the twin relic of barbarism."

That President Grant's attitude toward Utah at this particular
period, which was several years before he visited the Territory in
person, was largely due to the influence of Vice-President Colfax, is
unquestionable. The ex-Speaker of the House of Representatives,
while at Salt Lake City in the summer of 1865, had given the Mor-
mons what he considered some very good advice, which they had
seen fit to ignore; not because they were ungrateful for his apparent

HISTORY OF UTAH. 321

interest in their behalf, or did not respect his sincerity in offering
them such counsel, but simply because they differed from him in
opinion as to its quality. This seemed to anger Mr. Colfax, and
having, after he became Vice-President, accepted as true an anti-
Mormon tale to the effect that Brigham Young in a sermon had said
that the President and Vice-President of the United States were
drunkards and gamblers, his prejudice in this direction was complete.
That his feelings were shared by the chief magistrate, who trusted
Colfax implicitly at this time, and of course had his own views also
respecting Mormonism, was perhaps nothing more than natural under
the circumstances. Again, as we have seen, Vice-President Colfax
visited Utah — this time in the fall of 1869 — and though apparently
as friendly as he was polite and courteous to the few Mormons whom
he met, it was evident that his coming was more in the spirit of war
than of peace; that there was a hand of iron under the glove of
velvet; that resentment rankled in his heart, though naught but
honeyed sweetness was permitted to fall from his lips. During this
visit he shunned the society of Mormons, declined the proffered hos-
pitality of the city of the Saints, and communicated almost entirely
with Gentiles, mostly with anti-Mormons and apostates, who sent him
away well charged with animus against the leaders of the Church and
with any amount of sensational data with which to assail the eyes and
ears of the nation's chief. The latter, being, as is well known, one of
those noble because trusting and unsuspecting natures, — such as the
cunning lago found in the too credulous Moor, or the envious Cassius
discovered in the patriotic Brutus, — gave credence to what was told
him, and did not learn how grossly he had been deceived till he had
himself visited the Mormons in their mountain home.

But there were others besides Mr. Colfax who lent their influence
in the same direction. Early in July, 1869, there arrived at Salt Lake
City a large company of gentlemen representing the commercial and
moneyed interests of Chicago, whose object in coming west was to estab-
lish and facilitate business relations between the queen city on Lake
Michigan and those parts whose trade, now that the Pacific Railway

21 -VOL. 2.

322 HISTORY OF UTAH.

was completed, would naturally tend thither and be tributary to the
growth and prosperity of that since mighty mart, and yet to be
mightier metropolis. The railroad pass with which each member of
the party was provided bore this caption: "International Com-
mercial relations, China, Japan, Sandwich Islands, Alaska, San
Francisco, Sacramento, Salt Lake, Denver, Omaha and the Terri-
tories." Included in the company were Hon. Lyman Trumbull, U.
S. Senator of Illinois; General R. J. Oglesby, ex-Governor of that
State; Hon. N. R. Judd, M. C.; Hons. Isaac N. Arnold and W. S.
Hinckley; Reverend Clinton Locke, D. D.; J. Medill, editor of the
Chicago Tribune; J. M. Richards, president of the Chicago Roard of
Trade; Messrs. J. L. Hancock, 0. S. Hough, J. V. Farwell, J. H.
Rowen, F. D. Gray, W. T. Allen, A. Cowles, G. M. Kimbark, E. W.
Rlatchford, G. S. Rowen, C. G. Hammond, 0. Lunt, T. Dent, C. G.
Wicker, R. F. Haddock, S. Wait, E. V. Robbins, J. A. Ellison, C.
Tobey, J. R. Nichols, E. F. Hollister, E. G. Keith, C. Gossage, J.
Stockton, D. W. Whittle, E. G. Squires, a Mr. Mead, and Mr. 0.
Grant, brother to President Grant. The chairman of the party was
Colonel J. H. Rowen, who had charge of the excursion. The
distinguished party were warmly welcomed by all classes of citizens,
and their visit was regarded as an important event.

On Saturday, July 10th, at 11 a. m., the delegation, headed by
Colonel Rowen, called upon President Young. The Colonel, sur-
rounded by the members of his party, addressed the Mormon leader
as follows:

President Brigham Young:

We call upon you this morning as members of a representative commercial party
from the city of Chicago, who are en route upon a visit to San Francisco, the purpose of
which is to facilitate commercial relations with localities made tributary by the comple-
tion of the Union and Central Pacific railroads.

Esteeming the Territory of Utah one of the important localities, we have come to its
capital to greet you and those engaged in commercial transactions in your midst, and to
invite co-operation in our efforts.

We also come to congratulate you upon the auspicious and speedy completion of the
great national highway, that binds together the distant extremes of our country, that
relieves the people of their long and profound isolation and places them and their pro-
ducts within a few days of steam locomotion of the great markets of the Union, thereby

HISTORY OF UTAH. 323

increasing the value of their labor and reducing the cost of their goods, and adding
immensely to their wealth and their comforts, and placing them within easy reach of all
the social as well as material enjoyments of life.

In passing swiftly through the far-famed Echo and Weber canyons, we were deeply
awed and grandly impressed with the majesty of the scenery and filled with wonder at the
herculean task accomplished in the building of the railway through and over such seem-
ingly insurmountable obstacles of nature in so incredibly short a space of time. A
considerable share of the credit and honor of this achievement properly belongs to you
and your people, 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. You will have further cause of congratu-
lation when the branch road is completed which will connect the capital of Utah with the
main line, which work we are glad to learn is rapidly progressing towards completion.

We have examined and scrutinized your wonderful development and the utilization
of the barren nature which surrounded you in your early occupation of the valley. It
demonstrates what can be reached by skillful industry and well-directed energy, and is
worthy of high commendation.

Allow me the pleasure of introducing to you the members of our party, collectively
and individually.

President Young thus responded :

Colonel J. H. Bowen, Chairman of the Representative Commercial Party of the City
of Chicago, and Gentlemen:

I will briefly say in behalf of my friends here, and on my own part, gentlemen, you
are each and all welcome; we are pleased to see you ; we sincerely hope you are well
and enjoying yourselves and that your excursion to the West will be productive of much
benefit to all concerned.

We congratulate you on the energy displayed by the commercial men of Chicago in
advancing the business interests of the West, and we accept this as an index of more
abundant success in the future. We are with you, heart and hand, in all that promotes
the public good.

We thank you for your congratulation and duly appreciate the high estimate which
you hold of our labors. It is true we are the pioneers of this western civilization, and
that we have to some extent assisted in the development of the resources of the great
West. It is true that we have built over 300 miles of the great Pacific Railroad, an
enterprise for which, by the way, we memorialized Congress in 1852 ; but this of the
past. Our labors are before the world, they speak for themselves. Our aim is to press
onward, diligently 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
independence, strive for the maintenance of those glorious principles which compose our
Federal Constitution.

Introductions, hand-shakings and conversation ensued, and
upwards of an hour was passed very pleasantly.

324 HISTORY OF UTAH.

Said the Deseset News editorially that day: "Aside from the
business results which may follow the visit of these gentlemen to
our city and Territory, there are other important reasons why we
should be gratified at their coming. It is a great advantage to our
people to 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 at a glance that we are no common people, and that we
possess qualities which entitle us to respect. They are sufficiently
cosmopolitan in their views to award us credit for our labors, and
they will go away more thoroughly convinced, by personal contact
and observation, that we are not the fanatical, bad people they have
heard us described to be, than they could possibly be by merely
reading about us. Intercourse of this character dissipates prejudice
and corrects falsehood, and after the walk last evening from the
theater to the hotel, of those gentlemen of the party who remained
to see the conclusion of the performance, it would be difficult for
sensational and mendacious letter writers to convince them that life
is unsafe here, or to cause them to swallow the terrible fabrications
about destroying angels, etc."

The News was probably not aware that a movement was even
then on foot, among leading non-Mormons of Salt Lake City, to cause
the Chicago Commercial Party to take away with them an impression
vastly different from that which the majority of the citizens desired
they should receive, and that this movement was destined to be more
or less successful. Before the party left the city they were invited
to a banquet at the residence of Joseph R. Walker, Esq., to
which were also bidden such guests as General P. E. Connor, Major
Hempstead, Mr. Kahn, Judges Hawley and Strickland, Major
Overton, Captain Thomas H. Bates, Messrs. 0. J. Hollister, R. H.
Robertson, John Chislett and many others. Over forty persons were
present on the occasion. Champagne flowed freely, as did anti-
Mormon sentiment, until the Chicago party were pretty well imbued
with the spirit which was soon to become incarnate in what is known

HISTORY OF UTAH. 325

as the Liberal Party of Utah, whose birth was now at hand. The
alleged tyranny and treasonableness of the Mormon Priesthood, and
the continued disregard of the anti-polygamy law by the Saints, were
the staple of comment and conversation at this political banquet and
war feast, though "the insecurity to life and property of Gentiles,"
the opposition of the Mormons to mining, their " monopoly of the
public lands," with Brigham Young's great commercial coup d'etat,
which had culminated in the establishment of Zion's Co-operative
Mercantile Institution, and the "freezing out" of the non-Mormon
merchants, the Walkers, the Auerbachs, the Kahns, and others, came
in for their share of attention. Senator Trumbull related a conver-
sation that he had had with President Young in which the latter, it was
claimed, had said something to the effect that if the Federal officials
in Utah did not behave themselves, he would have them ridden out
of the Territory. Secretary Mann and Chief Justice Wilson, who
were not present at the banquet, being on friendly terms with
the Saints and consequently on unfriendly terms with their oppo-
nents, were also criticised, not to say excoriated, for their pronounced
"Jack-Mormonism," and a desire for their removal and the appoint-
ment to succeed them of men more in harmony with the feelings
of the anti-Mormons was generally expressed. The discussion of
these subjects was free and full, and "war talk ran around" till
nearly every soul was on fire with anti-Mormon animus — and
champagne. From this banquet, it is believed, went forth the
inspiration of the so-called Cullom bill, introduced into Congress
during the following winter, and which, with its predecessor the
Cragin bill, is said to have originated at Salt Lake City. The agita-
tion thus begun also had its effect upon the Administration, and.
added to other things, notably Mr. Colfax's representations, deter-
mined President Grant upon the prosecution of a vigorous, not to say
belligerent policy toward Brigham Young and the Mormons.

Another influential character aboufthe person of the President
at this time, was Dr. John P. Newman, chaplain of the United States
Senate, and pastor of the Metropolitan Methodist Church at Wash-

326 HISTORY OF UTAH.

ington. This man. as long as Grant lived, exercised great influence
over him. Why, we are unable to say; for barring the fact that
General Grant, under the sternness of his warlike nature, was not
only kind-hearted and generous, as every Christian should be, but
genuinely religious, as every Christian is not, whatever the amount
of sanctity professed, two men more unlike in nature, and one would
naturally suppose in tastes, could hardly have been selected than the
"strong, simple, silent " hero of Appomattox, and the vain, voluble,
pedantic pastor of the most fashionable church in Washington.
Grant seemed to have for Newman, who was his favorite preacher,
under whom he sat Sabbath after Sabbath, a great admiration if
not a profound friendship, and it was probably owing to the Pres-
ident's regard for him that he became Chaplain of the Senate.
Undoubtedly it was due to his great and powerful friend at the
White House that the pastor was permitted, a few years after the
events here narrated, to go junketing around the world, or at any
rate as far as Palestine and the Orient, in the semblance if not the
substance of an inspector of United States consulates. When it
shall be known why great men are ever prone to allow trucklers and
sycophants to enjoy their confidence and flourish on their pat-
ronage, while better men are held at a distance, distrusted and even
suspected for their candor, and because, while willing to serve, they
will not toady to authority, perhaps it will be explained why Presi-
dent Grant and Doctor Newman were so "unequally yoked" in
friendship and mutual regard. The law of opposites scarcely
explains the mystery. Now, this man Newman was a Mormon-hater,
and is believed to have used his influence, both at the Executive
Mansion and in the lobbies of the Senate, against the people who for
some reason had won his dislike even before he knew them, and
whom he cordially hated, with a better reason for his rancor, after
becoming acquainted with their great preacher and Hebrew
scholar. Orson Pratt, and tasking of his apostolic steel in the famous
discussion of August, 1870: "Does the Bible Sanction Polygamy?"
There is little doubt that Dr. Newman, quite as much as Vice-

HISTORY OF UTAH. 327

President Colfax, was responsible for the unfriendly feeling which
President Grant, until he came to Utah and saw things for himself,
entertained toward the founders of the Territory.

Vice-President Colfax was returning from a trip to California
when, on the 3rd of October, 1869, he and his party arrived at Salt
Lake City. Mr. Colfax was now a married man and was accom-
panied by his wife; also by Governor Bross and Mr. Bowles, his
compagnons de voyage on his former journey across the plains, and
other distinguished gentlemen with their ladies. As before, the
municipal authorities tendered to the Vice-President and his party
the hospitalities of the city during their stay, and sent a special
committee, consisting of Alderman S. W. Richards and Councilor
Theodore McKean, to meet the visitors with coaches at Uintah
Station in Weber County and conduct them to Salt Lake. A com-
mittee of reception, consisting of Mayor D. H. Wells, Hon. W. H.
Hooper, Alderman Jeter Clinton and Marshal J. D. T. McAllister,
were appointed to meet the parly on their arrival at the Townsend
House, where ample arrangements were made for their entertain-
ment. The Vice-President, however, politely declined the proffered
hospitality, on the ground that he and his party were traveling in a
strictly private capacity. The interview between them and the
reception committee, though brief, was cordial and friendly — at least
it bore that seeming — but owing to the fatigues of travel and the
desire of the visitors that there should be no demonstration in their
honor, it terminated after a mutual interchange of verbal courtesies.

But Mr. Colfax, as already stated, did not feel as friendly toward
Utah and her people as his polite demeanor on this occasion
doubtless led many to infer. This was partly manifested during his
stay at Salt Lake City. That his object in again visiting the
metropolis of the Saints was to feel the Mormon pulse and survey
once more the local situation prior to rendering another and a final
report to President Grant, and the other heads of the Government, — a
report that he knew would powerfully influence the conduct of the
Administration and the action of Congress toward the Mormon

328 HISTORY OF UTAH.

people, — is extremely probable. That he occupied the position of
arbiter, to decide whether peace or war should be Utah's portion at
this period, there is little room to doubt. General Grant, who had
hammered to pieces rebellion in the South, was just as ready to
hammer it to pieces in Utah or elsewhere, and Colfax, who had
probably convinced his chief that the disregard paid by the Saints to
the law of Congress and to his own advice respecting polygamy was
almost tantamount to treason and resistance to the Government, was
the very man to set the hammer working. Yet he was conscientious
enough — to his credit be it believed — to desire to take another look
at the object which he supposed was about to be shattered, perhaps
to forestall any pangs of regret in case it should transpire that
he had been too hasty. That he had not quite decided as to which
course was the better one to pursue in relation to the Saints, —
whether to let the Federal courts, officered and aided by zealous and
uncompromising foes to Mormonism. grapple with the problem,
or to send armed battalions with such a man as General Sheridan at
their head, to force at the point of the bayonet an unconditional
surrender from the Mormon leaders, — is evident from a conversation
that took place between the Vice-President and Elder T. B. H.
Stenhouse, the substance of which we will relate. In order,
however, to be better understood, it will be necessary to first
sketch the origin of what is known in local history as the "New
Movement," which gave birth to the Liberal or anti-Mormon party.
Reference has already been made to a certain periodical called
The Utah Magazine, established at Salt Lake City in January, 1868.
Its proprietors were William S. Godbe and Elias L. T. Harrison; the
former a prosperous merchant, and the latter an architect by
profession. Mr. Harrison was the editor of the Magazine. Both
were prominent Mormons, and men of ability and reputation,
respected and esteemed by the community of which they were
members. The Magazine was at first conducted as a purely literary
publication, or if the pen of its editor occasionally touched religious
topics, the treatment, though liberal, was of course pro-Mormon in

HISTORY OF UTAH. 329

tone. At that time it had the sanction of the Church authorities.
But by and by "a change came o'er the spirit" of the editor and
his associate, a change that soon manifested itself in the editorial
pages of their periodical. Though not anti-Mormon in spirit, it
was evident that the Magazine had changed its principles, or at least
was putting forth principles which it had not formerly advanced, and
that were considered by the leaders of the Church to which its
editor and publishers belonged, antagonistic to the spiritual welfare
of the people. The fact is, Elders Godbe and Harrison had for some
time been losing faith in Mormonism, and though they still loved the
Saints and desired to retain the good will of the community in which
was bound up all that their traditions and affections held dear, they
could not conceal the fact, either from themselves or from those with
whom they mingled and conversed, that their confidence in the Book
of Mormon, in Joseph Smith and in Brigham Young was shaken,
and that the faith for which they had so long and zealously
contended was no longer deemed by them divine. Still they did not
wish to leave the Church. Mr. Godbe was a polygamist with three
wives, and both he and Mr. Harrison, with their households, to
whom they were devotedly attached, had numerous friends in the
community by whom, as stated, they were held in high esteem.
Having, as they claim, prayed for and received divine light to guide
them, they resolved to inaugurate, within the Church, a work of
reform. This meant that they would oppose Brigham Young and
his policies, — the "one man power," and what they considered a too
decided leaning toward temporal things on the part of the Priest-
hood, manifested in such movements as the organization of Z. C. M.
I., the building of railroads, and other secular enterprises, — and yet
would remain in the Church and labor for the salvation of the
people. This feat, it is perhaps needless to say, was as impossible
as for one to bestride at the same time two horses moving in
diametrically opposite directions. In Mormonism the Priesthood
and the people are one, in all that pertains to the general cause, and
are not to be so separated. So long as the Saints sustained Brigham

330 HISTORY OF UTAH.

Young as their President, so long was he their leader and guide, and
whatever opposed him and his brethren the Apostles, in the
discharge of their duties as "shepherds of the flock," opposed those
over whom they presided. Elders Godbe and Harrison knew this —
they were not neophytes in Mormonism — and probably foresaw that
unless their efforts resulted in the overthrow of President Young and
his coadjutors — the Priesthood — or the surrender of those leaders
to the "New Movement," their own excommunication, unless they
retraced their steps, was inevitable. For such an issue they were
doubtless prepared, but felt willing to risk all, in the hope of secur-
ing, in case they were cut off from the Church, a following from the
ranks of the Saints that would form the nucleus of another and a
distinct religious society. They trusted, however, to remain within
the fold with their families and friends, and work a modification of
existing conditions which they considered wrong and would not any
longer approve. To a small circle of friends they confided their
views and intentions, and from them received sympathy and
support. Among these were Elders Eli B. Kelsey, Edward W.
Tullidge and Henry W. Lawrence, all Mormons of many years'
standing. Messrs. Kelsey, Tullidge and Godbe, as well as Editor
Harrison, then began writing for the Utah Magazine with the distinct
and definite object, as avowed among themselves, of sapping the
foundations of the power of Brigham Young.* Though not once
mentioning his name, it was perfectly apparent to thinking readers
that he was the target at which their literary shafts were aimed.
The visit to the Territory, in the summer of 1869, of Alexander and
David H. Smith, two of the sons of the murdered Prophet, mission-
aries of the Reorganized Church of Jesus Christ of Latter-day
Saints, from Piano, Illinois — over which church, as previously stated,
their brother Joseph presided — gave the " New Movement" men an

Says Stenhouse, their coadjutor, after his detection from Mormonism : " Believing
that Brigham 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 resolved to sap the
foundations of his throne.''

HISTORY OF UTAH. 331

opportunity to discharge what they intended should be a telling
shot in the direction of President Young. One of the claims put
forth by these Josephite Elders — for so were the Elders of the
Reorganized Church termed in Utah — was that their brother, "young
Joseph," was the true successor of their father as President of the
Church which was once at Nauvoo, and that Brigham Young had no
right to lead the people.* The Utah Magazine, " under the pretext
of advising the young Smiths" — to quote again from Stenhouse —
seized the occasion to say, with Brigham Young more than Joseph
Smith in mind : " If we 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, simply 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." The article in which this paragraph appeared was
followed by others, which, though true enough in the abstract, and
altogether impersonal, still betrayed their animus against the
President and set many tongues talking. At last came an article
on "The True Development of the Territory," in which the Saints
were advised to turn their attention to mining. As this advice was
directly contrary to the counsel of the Church authorities — counsel

* The first Josephite Elders to visit the Territory were E. G. Briggs and Alexander
McGord, who arrived at Salt Lake City in the summer of 1863. They visited the houses
of a number of disaffected Mormons, and made a few converts, most of whom left Utah
and returned to the States. Alexander and David Smith held forth in Independence
Hall, the principal public building of the Gentiles at Salt Lake City. Their evangelism,
though it created considerable interest among the people, chiefly from the fact that the
preachers were sons of the Prophet, whose memory the Utah Saints all revered, was
almost without results. Their claims that " young Joseph" was the true successor to the
Presidency of the Church founded by his father, and that Brigham Young and not Joseph
Smith was the author of the polygamic doctrine practiced by the Utah Mormons but
condemned by the Mormons of Piano, were combatted by Apostle Joseph F. Smith, son
of the murdered Hyrum, who in a brief series of public discussions with his visiting
cousins opposed the Josephite anti-polygamy position, and maintained the right of
Brigham Young, who was President of the Twelve Apostles when Joseph and Hyrum
Smith were killed, to succeed to the leadership after the dissolution of the original First
Presidency.

332 HISTORY OF UTAH.

which had been given for many years, and had not yet been revoked
— it was not calculated to promote peace and harmony between the
leaders of the Mormon community and the publishers of the Utah
Magazine. Not long afterward Elder Harrison declined to go upon a
mission to which he was called by the voice of the Church, and the
irregular attendance of himself and his associates at the School of
the Prophets was also noted. Finally he and Elder Godbe were
summoned before the High Council of the Stake, and after a full
investigation and hearing they were excommunicated. Elders Godbe
and Harrison, with their friend Kelsey, were deprived of membership
in the Church of Jesus Christ of Latter-day Saints on the 25th of
October, 1869, and soon afterward T. B. H. Stenhouse, editor of the
Telegraph; Henry W. Lawrence, merchant, Bishop's Counselor, and
one of the founders of Z. C. M. I.; Edward W. Tullidge, and others
who had become disaffected, were dealt with in like manner. These
men were all reputable and respected members of the community.
Naught against their morality or general uprightness of character
was known or advanced. But they had lost faith in Mormonism—
outgrown it they claimed — and had determined to oppose the
regularly constituted authorities of the Church in the discharge of
what they and the people who sustained them deemed their duty.
Consequently the Church, though parting from them with regret,
was compelled to take action in their cases. The official announce-
ment of the authorities respecting the Utah Magazine and the
excommunication of its editor and publishers, appeared in the
Deseret News as follows :

TO THE LATTER-DAY SAINTS.

Our attention has been called of late to several articles which have appeared in the
Utah Mafjazine, a weekly periodical published in this city. An examination of them
has convinced us that they are erroneous, opposed to the spirit of the gospel and calcu-
lated to do injury. According to the practice in the Church, teachers were sent to labor
with the editor and publishers, to point out to them the evil results which would follow
a persistence in the course they were pursuing. This did not have the desired effect, and
they have since been tried before the High Council, and after a thorough and patient
investigation of the case it was found they had imbibed the spirit of apostasy to that

HISTORY OF UTAH. 333

degree that they could not any longer be fellowshipped and they were cut off from the
Church.

The Utah Magazine is a periodical that in its spirit and teachings is directly
opposed to the work of God. Instead of building up Zion and uniting the people, its
teachings if carried out, would destroy Zion, divide the people asunder, and drive the
Holy Priesthood from the earth. Therefore we say to our brethren and sisters in every
place, the Utah Magazine is not a periodical suitable for circulation among or perusal
by them, and should not be sustained by Latter-day Saints.

We hope this will be sufficient without ever having to refer to it again.

Your Brethren,

BRIGHAM YOUNG,
GEORGE A. SMITH,
DANIEL H. WELLS,
ORSON PRATT,
WILFORD WOODRUFF,
GEORGE Q. CANNON,
JOSEPH F. SMITH.

But what was viewed with regret by the Mormons generally —
the defection of such men as God be, Harrison, Lawrence, Kelsey, Tul-
lidge and others — was hailed with delight by the anti-Mormons;
seceders of an earlier period, the majority of the Federal officials,
and by all in fact who were at open war with the Church, and who,
having first embittered Senator Trumbull and his party against the
Saints, had next besieged Vice-President Colfax at the Townsend
House and given him the benefit of their views as to the best method
of dealing with the Mormon Problem.

It was before the "New Movement" — or, as it was commonly
called, the "Godbeite Movement" — took definite form, and about
three weeks prior to the excommunication of its leaders by the High
Council of the Salt Lake Stake, that the Vice-President made his
second visit to the Mormon metropolis. Hearing of the prospective
schism, — which had been in process of incubation for several
months, — and viewing it as a good omen, he took pains during his
stay to communicate with representatives of the "Movement." Said
he to Elder Stenhouse, — as reported by E. W. Tullidge, to whom
the editor of the Telegraph related his conversation with the Vice-
President: "Will Brigham Young fight?" This was equivalent to

334 HISTORY OF UTAH.

saying: "If he will fight we'll soon settle this Mormon question,
schism or no schism, courts or no courts; settle it at once and
forever with the sword." Stenhouse is said to have replied: "For
God's sake, Mr. Colfax, keep the United States off! If the Govern-
ment interferes and sends troops you will spoil the opportunity and
drive the thousands back into the arms of Brigham Young who are
ready to rebel against the one-man power. Leave the Mormon
Elders alone to solve their own problem. We can do it; the
Government 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 companions 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 ot' their faith, as conscientious religionists
always have fought. The Mormons are naturally a loyal people.
They only need to be broken off from the influence of Brigham
Young. Depend upon it, Mr. Colfax, the Government had better let
us alone with this business, simply giving its protection to the ' New
Movement' men."

It is claimed by the Godbeites that the arguments thus advanced,
with various expressions from their leaders to Federal officials and
other anti-Mormons, materially modified the war spirit so prevalent
at the time, and that the "New Movement," being in a sense
fostered by the Government and favored by many of the most
influential journals throughout the land, — one of which, the New
York Herald, sent a special correspondent in the person of Colonel
Finlay Anderson, to keep the readers of that paper informed as to
the workings of the so-called "Utah schism," — became to Mormonism
a shield to ward off the wrath then gathering like storm-clouds
above and around it, threatening to spend their fury upon its
devoted head.

But this, if we except the political movement which sprang from
it, was about all that the "Utah Schism" accomplished. The effort
to found a new church proved a signal failure. Meetings were held

HISTORY OF UTAH. 335

by the schismatic Elders, beginning on Sunday, December 19th,
1869, in the Thirteenth Ward Assembly Rooms, the use of which
was granted them by President Young — as stated by Mr. Tullidge —
on the application of Messrs. Godbe and Lawrence, through Bishop
Edwin D. Woolley. Many persons, principally non-Mormons in
sympathy with the schism, attended, but very few converts were
made, and it was not many months from the time of its inception
before the "New Movement" waned and faded until it existed only
as a memory. After its collapse, its founders, like the ancient
disciples, "went back to their nets;" in other words to their secular
avocations, which, however, they had not entirely forsaken to engage
in the "Movement." Mr. Godbe continued as a merchant, but also
branched out into mining, in Avhich he has won and lost several
fortunes; Mr. Harrison followed his profession of architect; Mr. Kelsey
devoted his time, during the remainder of his life, to mining and
real estate operations, and Mr. Tullidge went on in his literary
career, during which he has produced several historical works and a
number of plays of much merit. Mr. Lawrence, who is today the
most wealthy man among them, occupied his time, like Mr. Godbe, in
mercantile pursuits, and has also realized much money from mining.
A few of the prominent Godbeites have rejoined the Church, but the
principals, Messrs. Godbe and Harrison, who claim to have received
light far in advance of Mormonism, have never reunited with the
Saints. Mr. Lawrence is a pronounced anti-Mormon, and bids fail-
to remain so to the end.

Included in this chapter should be the speech of Vice-President
Golfax, delivered from the balcony of the Townsend House to the
citizens of Salt Lake City on the night of October 5th, 1869. It was
as follows :

Fellow Citizens:

I come hither in response to your call to thank the band from Camp Douglas for
the serenade with which they have honored me, and to tender my obligations to the
thousands before me, for having come from their homes and places of business " to speed
the parting guest."

As I stand before you, tonight, my thoughts go back to the first view I ever had of

336 HISTORY OF UTAH.

Salt Lake City, four years ago last June. After traveling with my companions, Governor
Bross and Mr. Bowles, who are with me again, and Mr. Richardson, whose absence we
have all regretted, over arid plains, alkali valleys, and barren mountains, day after day,
our stage coach emerged from a canyon one morning, and we looked down upon your
city covering miles in its area, with its gardens, green with fruit trees and shrubbery, and
the Jordan flashing in the sun beyond. And when after stopping at Gamp Douglas, which
overlooks your city, to salute the flag of our country, and honor the officers and soldiers
who keep watch and ward over it at this distant post, we drove down with your common
council to the city, and saw its wide streets, and the streams which irrigate your gardens,
rippling down all of them in their pebbly beds. I felt indeed that you had a right to regard
it as a Palmyra in the desert. Returning now, with my family and friends, from a long
journey on the Pacific coast, extending north to where the Columbia River tears its way
through the mighty range which bars the way for all other rivers from the British to the
Mexican line, we came to your city by the stage route from the railroad, through the
fertile region that lines your lake shore, and find it as beautiful and attractive in its
affluence of fruits and flowers as when we first visited it.

I am gratified, too, that our present visit occurred at the same time with your Terri-
torial Fair, enabling us to witness your advance in the various branches of industry. I
was specially interested in the hours I spent there, yesterday, with some of your leading
citizens, in your cotton manufactures from the cotton you raise in Southern Utah, your
woolen manufactures, the silk manufacture you have recently inaugurated, your leather
and harness, the porcelain, which was new to me, your furniture, your paintings, and
pictures, the fancy work of the ladies, and the fruits and vegetables which tell their own
story of the fertility of your soil. I rejoice over every indication of progress and self-
reliance in all parts of the Union, and hope you may realize, by further development,
how wise and beneficial such advancement is to communities like yours, remote from the
more thickly settled portions of the Republic.

I have enjoyed the opportunity, also, of visiting your Tabernacle, erected since I was
here before, the largest building in which religious services are held on the continent,
and of listening to your organ, constructed here, which, in its mammoth size, its volume
of sound, and sweetness of tone, would compare favorably with any in the largest cities
in the Union. Nor did 1 feel any the less interest on my present, than on my former
visit, in listening to your leading men in their places of worship, as they expounded and
defended their faith and practice, because that faith and practice differed so widely from
my own. Believing in free speech, as all of us should, I listened attentively, respectfully,
and courteously to what failed to convince my mind, and you will doubtless hear me with
equal patience, while I tell you frankly wherein we differ.

But first let me say that I have no strictures to utter as to your creed on any really
religious question. Our land is a land of civil and religious liberty, and the faith of
every man is a matter between himself and God alone. You have as much right to
worship the Creator through a president and twelve apostles of your church organization
as I have through the ministers and elders and creed of mine. And this right 1 would
defend for you with as much zeal as the right of every other denomination throughout
the land. But our country is governed by law, and no assumed revelation justifies any

HISTORY OF UTAH. 337

one in trampling on the law. If it did, every wrong-doer would use that argument to
protect himself in his obedience to it. The Constitution declares, in the most emphatic
language, that that instrument and the laws made in conformity thereto, shall be the
supreme law of the land. Whether liked or disliked, they bind the forty millions of
people who are subject to that supreme law. If any one condemns them as unconsti-
tutional, the courts of the United States are open, before which they can test the ques-
tion. But, till they are decided to be in conflict with the Constitution, they are binding
upon you in Utah as they are on me in the District of Columbia, or on the citizens in
Idaho and Montana. Let me refer now to the law of 1862, against which you specially
complain, and which you denounce Congress for enacting. It is obeyed in the other
Territories of the United States, or if disobeyed its violation is punished. It is not
obeyed here, and though you often speak of the persecutions to which you were subject
in the earlier years of your church, you cannot but acknowledge that the conduct of the
government and the people of the United States towards you, in your later years, has
been one of toleration, which you could not have realized in any other of the civilized
nations of the world.

I do not concede that the institution you have established here, and which is con-
demned by the law, is a question of religion. But to you who do claim it as such, I
reply, that the law you denounce, only re-enacts the original prohibitions of your Book of
Mormon, on its 118th page, * and your Book of Doctrine and Covenants, in its chapter
on marriage; and these are the inspired records, as you claim them, on which your
church was organized.

The Book of Mormon, on the same page, speaks twice of the conduct of David
and Solomon, as ' a grosser crime,1 and those who follow their practice as ' waxing in
iniquity.' The Book of Doctrine and Covenants is the discipline and creed of your
church ; and in its chapter on marriage it declares, that as the Mormon Church has been
charged with the crimes of fornication and polygamy, it is avowed as the law of Un-
church, that a man shall have but one wife, and a woman but one husband, till death
shall part them.

I know you claim that a subsequent revelation annulled all this ; but I use these
citations to show you that the Congressional law which you denounce only enacted what
was the original and publicly proclaimed and printed creed on which your church was
founded. And yet while you assume that this later revelation gives you the right to turn
your back on your old faith and disobey the law, you would not yourselves tolerate others
in assuming rights for themselves under revelations they might claim to have received, or
under religions they might profess. The Hindoos claim, as part of their religion, the
right to burn widows with the dead bodies of their husbands. If they were to attempt
it here, as their religion, you would prevent it by force. If a new revelation were to be
proclaimed here, that the strong men should have the right to take the wives of the
weaker men, that the learned men should take the wives of the unlearned, that the rich
men should take the wives of the poor, that those who were powerful and influential
should have the right to command the labor and the services of the humbler, as their
bond-slaves, you would spurn it, and would rely upon the law and the power of the
United States to protect you.

22-VOL. 2.

338 HISTORY OF UTAH.

But you argue that it is a restraint on individual freedom ; and that it concerns only
yourselves. Yet you justify these restraints on individual freedom in everything else.
Let me prove this to you. If a man came here and sought to- establish a liquor saloon
on Temple street without license, you wou\d justify your common council, which is
your municipal congress, in suppressing it by force, and punishing the offender besides.
Another one comes here and says that he will pursue his legitimate avocation of bone-
boiling on a lot in the heart of your city. You will expect your council to prevent it,
and why ? Because you believe it would be offensive to society and to the people around
him. And still another says, that as an American citizen he will establish a powder mill
on a lot he has purchased, next door to this hotel, where we have been so hospitably
entertained. You would demand that this should be prevented, because it was obnoxious
to the best interests of the community. I might use other illustrations as to personal
conduct which you would insist should be restrained, although it fettered personal
freedom, and the wrong-doer might say only concerned himself. But I have adduced
sufficient to justify Congress in an enactment they deemed wise for the whole people for
whom they legislated. And I need not go further to adduce other arguments as to the
elevation of woman ; for my purpose has been in these remarks to indicate the right of
Congress to pass the law and to insist on obedience to it.

One thing I must allude to, personal to myself. The papers have published a dis-
course delivered last April by your highest 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. vVhether denied or not, however, I did not
intend to answer railing with railing, nor personal attack with invective. I only wished
to state publicly in this city, where the charge is said to have been made, that it was
utterly untrue as to President Grant, 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. However
I may differ on political questions or others from any portion of my countrymen, no one
has ever truthfully assailed my character. I have valued a good character far more than
a political reputation or official honors, and wish to preserve it unspotted while life shall
last.

A few words more and I must conclude. When our party visited you four years ago,
we all believed that, under wise counsels, your city might become the great city of the
interior. But you must allow me to say that you do not seem to have improved these
opportunities as you might have done. What you should do to develop the advantages
your position gives you, seems obvious. You should encourage and not discourage com-
petition in trade. You should welcome, and not repel investments from abroad. You
should discourage every effort to drive capital from your midst. You should rejoice at
the opening of every new store, or factory, or machine shop, by whomsoever conducted.
You should seek to widen the area of country dependent on your city for supplies. Yon
should realize that wealth will come to you only by development, by unfettered compe-
tition, by increased capital.

Here I must close. I have spoken to you, face to face, frankly, truthfully, fearlessly.
1 have said nothing but for your own good. Let me counsel you once more to obedience

HISTORY OF UTAH. 339

to the law, and thanking you for the patient hearing you have given me, and for the hos-
pitalities our party have received, both from Mormon and Gentile citizens, I bid you all
good night and good bye.

At the time this speech was delivered, Apostle John Taylor was
in the Eastern States on business connected with the settlement of
the claims of Utah contractors against the Union Pacific Railroad
Company. This business took him to Boston, the home of one or
more of the railway magnates, and it was there that he read the
Colfax speech in the columns of the Springfield Republican, whose
editor, Mr. Rowles, it will be remembered, accompanied the Vice-
President on his travels. The Mormon Apostle's reply to Mr. Colfax
will be interesting reading. It is therefore given :

AMERICAN HOUSE, BOSTON, MASS.,

October 20th, 1869.
To the Editor of the Deseret Evening News,

DEAR SIR:— I have read with a great deal of interest the speech of the Hon. Schuyler
Golfax, delivered in Salt Lake City, October 5th, containing strictures on our institutions,
as reported in the Springfield Republican, wherein there is an apparent frankness and
sincerity manifested. It is pleasant, always, to listen to sentiments that are bold,
unaffected and outspoken ; and however my views may differ — as they most assuredly do
— from those of the Hon. Vice-President of the United States, I cannot but admire the
candor and courtesy manifested in the discussion of this subject ; which, though to him
perplexing and difficult, is to us an important part of our religious faith.

I would not, however, here be misunderstood ; I do not regard the speech of Mr.
Golfax as something indifferent or meaningless. I consider that words proceeding from
a gentleman occupying the honorable position of Mr. Golfax, have their due weight.
His remarks, while they are courteous and polite, were evidently calmly weighed and
cautiously uttered, and they carry with them a significance, which I, as a believer in
Mormonism, am bound to notice ; and I hope with that honesty and candor which
characterize the remarks of this honorable gentleman.

Mr. Colfax remarks :

" I have no strictures to offer as to your creeds on any really religious question. Our
land is a land of civil and religious liberty, and the faith of every man is a matter between
himself and God alone ; you have as much right to worship the Creator, through a Presi-
dent and Twelve Apostles of your Church organization, as I have through the ministers
and elders and creed of mine ; and this right I would defend for you with as much zeal
as the right of any denomination throughout the land."

This certainly is magnanimous and even-handed justice, and the sentiments do
honor to their author ; they are sentiments that ought to be engraven on the heart of
every American citizen.

340 HISTORY OF UTAH.

He continues :

" But our country is governed by law, and no assumed revelation justifies any one
in trampling on the law."

At first sight this reasoning is very plausible, and I have no doubt that Mr. Colfax
was just as sincere and patriotic in the utterance of the latter as the former sentences ;
but with all due deference permit me to examine these words and their import.

That our country is governed by law we all admit ; but when it is said that " no
assumed revelation justifies any one in trampling on the law ;" I should respectfully ask,
what ! not if it interferes with my religious faith, which you state " is a matter between
God and myself alone?" Allow me, sir, here to state that the assumed revelation
referred to is one of the most vital parts of our religious faith ; it emanated from God
and cannot be legislated away; it is part of the •' Everlasting Covenant" which God has
given to man. Our marriages are solemnized by proper authority ; a woman is sealed
unto a man for time and for eternity, by the power of which Jesus speaks, which "sealed
on earth and it is sealed in heaven." With us it is " Celestial Marriage ;" take this from
us and you rob us of our hopes and associations in the resurrection of the just. This is
not our religion ? You do not see things as we do. You marry for time only, " until
death does you part." We have eternal covenants, eternal unions, eternal associations.
I cannot, in an article like this, enter into details, which I should be pleased on a proper
occasion to do. I make these remarks to show that it is considered, by us, a part of our
religious faith, which I have no doubt did you understand it as we do, you would defend,
as you state, " with as much zeal as the right of every other denomination throughout the
land." Permit me here to say, however, that it was the revelation (I will not say
assumed) that Joseph and Mary had, which made them look upon Jesus as the Messiah ;
which made them flee from the wrath of Herod, who was seeking the young child's life.
This they did in contravention of law, which was his decree. Did they do wrong in
protecting Jesus from the law ? But Herod was a tyrant. That makes no difference ; it
was the law of the land, and I have yet to learn the difference between a tyrannical king
and a tyrannical Congress. When we talk of executing law in either case, that means
force, — force means an army, and an army means death. Now I am not sufficiently
versed in metaphysics to discover the difference in its effects, between the asp of Cleopatra,
the dagger of Brutus, the chalice of Lucretia Borgia, or the bullet or sabre of an American
soldier.

I have, sir, written the above in consequence of some remarks which follow :
" I do not concede that the institution you have established here, and which is con-
demned by the law, is a question of religion."

Now, with all due deference, I do think that if Mr. Colfax had carefully examined
our religious faith he would have arrived at other conclusions. In the absence of this I
might ask, who constituted Mr. Colfax a judge of my religious faith ? 1 think he has
stated that " the faith of every man is a matter between himself and God alone.''

Mr. Colfax has a perfect right to state and feel that he does not believe in the revela-
tion on which my religious faith is based, 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 never-
theless mine.

HISTORY OF UTAH. 341

If a revelation from God is not a religion, what is?

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

Marriage has from time immemorial, among civilized nations, been considered a
religious ordinance. It was so considered by the Jews. It is looked upon by the Catholic
clergy as one of their sacraments. It is so treated by the Greek Church. The ministers
of the Episcopal Church say, in their marriage formula, " What God has joined together,
let not man put asunder ;" and in some of the Protestant churches their members are
disfellowshiped for marrying what are termed unbelievers. So I am in hopes, one of
these times, should occasion require it, to call upon our friend, 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."

I again quote :

" But to you who do claim it as such, I reply that the law that you denounce only re-
enacts the original prohibition of your own Book of Mormon, on its 118th page, and your
Book of Doctrine and Covenants, in its chapter on marriage."

In regard to the latter of these I would state that it was only considered a portion
of the discipline of our Church, and was never looked upon as a revelation. It was
published in the appendix to the Book of Doctrine and Covenants long before the revela-
tion concerning Celestial Marriage was given. That, of course, suspended the former.
The quotation from the Book of Mormon, given by Mr. Colfax, is only partly quoted. I
cannot blame the gentleman for this : he has many engagements without examining our
doctrine. I suppose this was handed to him. Had he read a little further he would
have found it stated :

" For if I will, saith the Lord of Hosts, raise up seed unto me I will command my
people ; otherwise they shall hearken unto these things."

In answer to this I say the Lord has commanded and we obey the command.

I again quote :

" And yet while you assume that this later revelation gives you the right to turn your
back on your old faith and to disobey the law, you would not yourselves tolerate others in
assuming rights for themselves under revelations they might claim to have received, or
under religions they might profess."

Mr. Colfax is misinformed here. All religions are tolerated by us, and all revelations
or assumed revelations. We take the liberty of disbelieving some of them ; but none are
interfered with. And in relation to turning our back on our old religion we have never
done it.

Concerning our permitting the Hindoos to burn their widows, it is difficult to say
what we should do. The British Government has tolerated both polygamy and the
burning of Hindoo widows in India. If the Hindoos were converted to our religion they
would not burn their widows ; they are not likely to come to Utah without. Whose
rights have we interfered with ? Whose property have we taken ? Whose religious or
political faith or rights have been curtailed by us ? None. We have never interfered
with Missouri or Illinois ; with Kansas, Nebraska, Idaho, Nevada, Montana, California,

342 HISTORY OF UTAH.

nor any other State or Territory. I wish we could say the same of others. 1 hope we
shall not be condemned for crimes we are expected to commit. It will be time enough to
atone for them when done. We do acknowledge having lately "started co-operative stores.
Is this anything new in England, Germany, France or the United States ? We think we
have a right, as well as others, to buy and sell of and to whom we please. We do not
interrupt others in selling, if they can get customers. We have commenced to deal with
our friends. We do acknowledge that we are rigid in the enforcement of law against
theft, gambling, debauchery and other civilized vices. Is this a crime ? If so, we plead
guilty.

But permit me here to return to the religious part of our investigations ; for if our
doctrines are religions, then it is confessed that Congress has no jurisdiction in this case
and the argument is at an end. Mr. Webster defines religion as " any system of faith
and worship, as the religion of the Turks, of Hindoos, of Christians." I have never
been able to look at religion in any other light. I do not think Mr. Colfax had carefully
digested the subject when he said, " I do not concede that the institution you have estab-
lished here, and which is condemned by law, is a question of religion."

Are we to understand by this that Mr. Colfax is created an umpire to decide upon
what is religion and what is not, upon what is true religion and what is false? If so, by
whom and what authority is he created judge ? I am sure he has not reflected upon the
bearing of this hypothesis, or he would not have made such an utterance.

According to this theory no persons ever were persecuted for their religion, there
never was such a thing known. Could anybody suppose that that erudite, venerable, and
profoundly learned body of men, — the great Sanhedrim of the Jews ; or that those holy
men, the chief priests, scribes and Pharisees, would persecute anybody for religion ?
Jesus was put to death, — not for his religion — but because he was a blasphemer : because
he had a devil and cast out devils, through Beelzebub the prince of devils ; because he,
being a carpenter's son, and known among them as such, declared himself the Son of
God. So they .said, and they were the then judges. Could anybody be more horrified
than those Jews at such pretensions ? His disciples were persecuted, proscribed and put
to death, not for their religion, but because they " were pestilent fellows and stirrers up
of sedition," and because they believed in an " assumed revelation " concerning " one
Jesus, who was put to death, and who, they said, had risen again." It was for false
pretensions and a lack of religion that they were persecuted. Their religion was not like
that of the Jews ; ours, not like that of Mr. Colfax.

Loyola did not invent and put into use the faggot, the flame, the sword, the thumb-
screw, the rack and gibbet to persecute anybody, it was to purify the church of heretics,
as others would purify Utah. His zeal was for the Holy Mother Church. The Noncon-
formists of England and Holland, the Huguenots of France and the Scottish Covenanters
were not persecuted or put to death for their religion ; it was for being schismatics,
turbulent and unbelievers. Talk of religion, what horrid things have not been perpetrated
in its name ! All of the above claimed that they were persecuted for their religion. All
of the persecutors, as Mr. Golfax said about us, did " not concede that the institution they
had established, which was condemned by the law, was religion ; " or, in other terms, it
was an imposture or false religion. What of the Quakers and Baptists of New England ?

HISTORY OF UTAH. 343

You say we complain of persecution. Have we not cause to do it ? Can we call
our treatment by a milder term ? Was it benevolence that robbed, pillaged and drove
thousands of men, women and children from Missouri ? Was it Christian philanthropy
that after robbing, plundering, and ravaging a whole community, drove them from Illinois
into the wilderness among savages ?

When we fled as outcasts and exiles from the United States we went to Mexican
territory. If not protected we should have been at least unmolested there. Do you
think, in your treaty with Mexico, it was a very merciful providence that placed us again
under your paternal guardianship? Did you know that you called upon us in our exodus
from Illinois for 500 men, which were furnished while fleeing from persecution, to help
you to possess that country ; for which your tender mercies were exhibited by letting
loose an army upon us, and you spent about forty millions of dollars to accomplish our
ruin ? Of course we did not suffer ; " religious fanatics " cannot feel ; like the eels the
fishwoman was skinning, " we have got used to it." Upon what pretext was this done 'i
Upon the false fabrications of your own officers, and which your own Governor Gum-
ming afterward published as false. Thus the whole of this infamous proceeding was
predicated upon falsehood, originating with your own officers and afterwards exposed by
them. Did Government make any amends, or has it ever done it ? Is it wrong to call
this persecution ? We have learned to our cost " that the king can do no wrong."
Excuse me, sir, if I speak warmly. This people have labored under accumulated wrongs
for upwards of thirty years past, still unacknowledged and unredressed. I have said
nothing in the above but what I am prepared to prove. What is all this for ? Polygamy ?
No — that is not even pretended.

Having said so much with regard to Mr. Colfax's speech, let me now address a few
words to Congress and to the nation. I hope they will not object for I too am a teacher.
And first let me inquire into the law itself, enacted in 1862. The revelation on
polygamy was given in 1843, nineteen years before the passage of the Congressional act.
We, as a people, believe that revelation is true and came from God. This is our religious
belief; and right or wrong it is still our belief ; whatever opinions others may entertain it
makes no difference to our religious faith. The Constitution is to protect me in my
religious faith, and other persons in theirs, as I understand it. It does not prescribe a
faith for me, or any one else, or authorize others to do it, not even Congress. It simply
protects us all in our religious faiths. This is one of the Constitutional rights reserved
by the people. Now who does not know that the law of 1862 in relation to polygamy
was passed on purpose to interfere with our religious faith? This was as plainly and
distinctly its object as the proclamation of Herod to kill the young children under two
years old, was meant to destroy Jesus ; or the law passed by Pharaoh in regard to the
destruction of the Hebrew children, was meant to destroy the Israelites. If a law
had been passed making it a penal offense for communities, or churches, to for-
bid marriage, who would not have understood that it referred to the Shaking Quakers,
and to the priories, nunneries and the priesthood of the Catholic Church ? This law, in
its inception, progress and passage, was intended to bring us into collision with the United
States, that a pretext might be found for our ruin. These are facts that no honest
man will controvert. It could not have been more plain, although more honest, if it had

344 HISTORY OF UTAH.

said the Mormons shall have no more wives than one. It was a direct attack upon our
religious faith. It is the old story of the lamb drinking below the wolf, and being
accused by it of fouling the waters above. The big bully of a boy putting a chip on his
shoulder and daring the little urchin to knock it off.

But we are graciously told that we have our appeal. True, we have an appeal.
So had the Hebrew mothers to Pharaoh ; so had Daniel to Nebuchadnezzar ; so had
Jesus to Herod : so had Caesar to Brutus ; so had those sufferers on the rack to Loyola ; so
had the Waldenses and Albigenses to the Pope : so had the Quakers and Baptists of New
England to the Puritans. Why did they not do it ? Please answer.

Do statesmen and politicians realize what they are doing when they pass such laws 'i
Do they know, as before stated, that resistance to the law means force, that force means
an army, and that an army means death ? They may yet find something more pleasant
to reflect upon than to have been the aiders and abettors of murder, to be stained
with the blood of innocence, and they may try in vain to cleanse their hands of the
accursed spot.

It is not the first time that presidents, kings, congresses and statesmen have tried to
regulate the acts of Jehovah. Pharaoh's exterminating order about the Hebrew infants
was one of acknowledged policy. They grew, they increased too fast. Perhaps the
Egyptians had learned, as well as some of our eastern reformers, the art of infanticide ;
they may have thought that one or two children was enough and so destroyed the balance.
They could not submit to let nature take its vulgar course. But in their refined and polite
murders, they found themselves dwindling and decaying, and the Hebrews increasing and
multiplying ; and no matter how shocking it might be to their refined senses, it stood
before them as a political fact, and they were in danger of being overwhelmed by the
superior fecundity of the Hebrews. Something must be done; what more natural than
to serve the Hebrew children as they had served their own ? and this, to us and the
Christian world, shocking act of brutal murder, was to them simply what they may lia\«-
done among themselves ; perhaps more politely a la Madam Bestelle, but not more
effectually. The circumstances are not very dissimilar. When Jesus was plotted against
by Herod and the infants put to death, who could complain? /( was law: we must
submit to law. The Lord Jehovah, or Jesus the Savior of the world, has no right to
interfere with law. Jesus was crucified according to law. Who can complain ? Daniel
was thrown into the den of lions strictly according to laic. The king would have saved
him, if he could ; but he could not resist law. The massacre of St. Bartholomew was
in accordance with law. The guillotine of Robespierre of France, which cut heads off
by the thousand, did it according to Ian-. What right had the victims to complain ? But
these things were done in barbarous ages. Do not let us, then, who boast of our civiliza-
tion, follow their example ; let us be more just, more generous, more forbearing, more
magnanimous. We are told that we are living in a more enlightened age. Our morals
are more pure (?) our ideas more refined and enlarged, our institutions more liberal.
"Ours," says Mr. Colfax, "is a land of civil and religious liberty, and the faith of every
man is a matter between himself and God alone," providing God don't shock our moral
ideas by introducing something that we don't believe in. If He does let Him look out.
We won't persecute, very far be that from us ; but we will make our platform, pass Con-

HISTORY OF UTAH. 346

gressional laws and make you submit to them. We may, it is true, have to send out an
army, and shed the blood of many ; but what of that ? It is so much more pleasant to
be proscribed and killed according to the laws of the Great Republic, in the "asylum for
the oppressed," than to perish ignobly by the decrees of kings, through their miserable
minions, in the barbaric ages.

My mind wanders back upwards of thirty years ago, when in the State of Missouri,
Mr. McBride, an old gray-haired venerable veteran of the Revolution, with feeble frame
and tottering steps, cried to a Missouri patriot : " Spare my life, I am a Revolutionary
soldier, I fought for liberty, would you murder me ? What is my offense, I believe in
God and revelation?" This frenzied disciple of a misplaced faith said, "take that, you

God d d Mormon," and with the butt of his gun he dashed his brains out, and he

lay quivering there, — his white locks clotted with his own brains and gore on that soil
that he had heretofore shed his blood to redeem — a sacrifice at the shrine of liberty !
Shades of Franklin, Jefferson and Washington, were you there ? Did you gaze on this
deed of blood ? Did you see your companion in arms thus massacred ? Did you know
that thousands of American citizens were robbed, disfranchised, driven, pillaged and
murdered ? for these things seem to be forgotten by our statesmen. Were not these
murderers punished ? Was not justice done to the outraged ? No. They were only
Mormons, and when the Chief Magistrate was applied to, he replied: " Your cause is just,
but I can do nothing for you." Oh, blessed land of religious freedom ! What was this
for. Polygamy ? No. It was our religion then, it is our religion now. Monogamy or
polygamy, it makes no difference. Let me here seriously ask : have we not had more
than enough blood in this land ? Does the insatiate moloch still cry for more victims ?

Let me here respectfully ask with all sincerity, is there not plenty of scope for the
action of government at home? What of your gambling hells? What of your gold
rings, your whisky rings, your railroad rings, manipulated through the lobby into your
Congressional rings ? What of that great moral curse of the land, that great institution of
monogamy — Prostitution? What of its twin sister — Infanticide? I speak to you as a
friend. Know ye not that these seething infamies are corrupting and destroying your
people? and that like the plague they are permeating your whole social system? that
from your gilded palaces to your most filthy purlieus, they are festering and stewing and
rotting? What of the thirty thousand prostitutes of New York City and the proportionate
numbers of other cities, towns and villages, and their multitudinous pimps and
paramours, who are, of course, all, all, honorable men ! Here is ample room for the
Christian, the philanthropist, and the statesman. Would it not. be well to cleanse your
own Augean stables? What of the blasted hopes, the tortured and crushed feelings of
the thousands of your wives whose whole lives are blighted through your intrigues and
lasciviousness ? What of the humiliation of your sons and daughters from whom you
can not hide your shame? What of the thousands of houseless and homeless children
thrown ruthlessly, hopelessly and disgracefully upon the world as outcasts from society,
whose fathers and mothers are alike ashamed of them and heartlessly throw them upon
the public bounty, the living memorials of your infamy? What of your infanticide, with
its murderous, horrid, unnatural, disgusting and damning consequences? Can you
legislate for these monogamic crimes, or shall Madam Restell and her pupils continue

23-VOL. 2.

346 HISTORY OF UTAH.

their public murders and no redress? Shall your fair daughters, the princesses of
America, ruthlessly go on in sacrificing their noble children on the altar of this Moloch —
this demon? What are we drifting to? This " bonehouse," this " powder magazine "
is not in Salt Lake City, a thousand miles from your frontiers ; it is in your own cities
and towns, villages and homes. It carouses in your secret chambers, and flaunts in the
public highway ; it meets you in every corner, and besets you in every condition. Your
infirmaries and hospitals are reeking with it ; your sons and daughters, your wives and
husbands are degraded by it. It extends from Louisiana to Minnesota, and from Maine
to California. You can't hide yourselves from it ; it meets you in your magazines and
newspapers, and is disgustingly placarded on your walls, — a living, breathing, loathsome,
festering, damning evil. It runs through your very blood, stares out your eyes and
stamps its horrid mark on your features, as indelibly as the mark of Gain ; it curses your
posterity, it runs riot in the land, withering, blighting, corroding and corrupting the life
blood of the nation.

Ye American Statesmen, will you allow this demon to run riot in the land, and
while you are speculating about a little political capital to be made out of Utah, allow
your nation to be emasculated and destroyed? Is it not humiliating that these enormities
should exist in your midst, and you, as statesmen, as legislators, as municipal and town
authorities, as clergymen, reformers and philanthropists, acknowledge yourselves power-
less to stop these damning crimes that are gnawing at the very vitals of the most
magnificent nation on the earth ? We can teach you a lesson on this matter, polygamists
as we are. You acknowledge one wife and her children ; what of your other associations
unacknowledged ? We acknowledge and maintain all of our wives and all of our children ;
we don't keep a few only, and turn the others out as outcasts, to be provided for by
orphan asylums, or turned as vagabonds on the street to help increase the fearfully
growing evil. Our actions are all honest, open and above board. We have no gambling
hells, no drunkenness, no infanticide, no houses of assignation, no prostitutes. Our
wives are not afraid of intrigues and debauchery ; nor are our wives and daughters
corrupted by designing and unprincipled villains. We believe in the chastity and
virtue of women, and maintain them. There is not, today, in the wide world, a place
where female honor, virtue and chastity, are so well protected as in Utah. Would you
have us, I am sure you would not, on reflection, reverse the order of God, and exchange
the sobriety, the chastity, the virtue and honor of our institutions, for yours, that are so
debasing, dishonorable, corrupting, defaming and destructive? We have fled from these
things, and with great trouble and care have purged ourselves from your evils, do not
try to legislate them upon us nor seek to engulf us in your damning vices.

You may say it is not against your purity that we contend ; but against polygamy,
which we consider a crying evil. Be it so. Why then, if your system is so much better,
does it not bring forth better fruits ? Polygamy, it would seem, is the parent of chastity,
honor and virtue ; Monogamy the author of vice, dishonor and corruption. But you
would argue these evils are not our religion ; we that are virtuous, are as much opposed
to vice and corruption as you are. Then why don't you control it? We can and do.
You have your Christian associations, your Young Men's associations, your Magdalen and
Temperance associations, all of which are praiseworthy. Your cities and towns are full

HISTORY OF UTAH. 347

of churches, and you swarm with male and female lecturers, and ministers of all
denominations. You have your press, your National and Slate Legislatures, your police,
your municipal and town authorities, your courts, your prisons, your armies, all under the
direction of Christian monogamists. You are a nation of Christians. Why are these
things not stopped ? You possess the moral, the religious, the civil and military power
but you don't accomplish it. Is it too much to say, " Take the beam out of thine own
eye and then shall thou see clearly to remove the mote that is in thy brother's."

Respectfully, etc.,

JOHN TAYLOR.

On the 2nd of December of this year, an-article from the pen of
Vice-President Colfax, headed " The Mormon Question," — a response
to Apostle Taylor's letter in the Deseret News, — appeared in the
columns of the New York Independent. To this the Apostle also
replied. Owing to the length of the articles we will not reproduce
them entire, but merely give extracts from Elder Taylor's answer,
which contains in quotations the salient points of Mr. Colfax's
rejoinder to the first reply. Says the Apostle :

If it had been a personal difference I should have had no controversy with Mr.
Colfax, and the honorable gentleman, J am sure, will excuse me for standing up in the
defense of what I know to be a traduced and injured people. I would not accuse the
gentleman of misrepresenlation. I cannot help knowing, however, that he is misinformed
in relation to most of his historical details ; and justice to an outraged community, as well
as truth, requires that such statements should be met and the truth vindicated. I cannot
but think that in refusing the proffered hospitality of our city, which, of course, he had a
perfect right to do, he threw himself among a class of men that were, perhaps, not very

reliable in historical data.

* # * * * * * * #».#.*

He states that " the demand of the people of Utah Territory for immediate admis-
sion into the Union, as a State, made at their recent conference meeting, and to be
presented by their delegate at the approaching session of Congress, compels the nation to
meet face to face, a question which it has apparently endeavored to ignore."

Is there anything remarkable in a Territory applying for admission into the Union ?
How have other States entered the Union since the admission of the first thirteen?
Were they not all Territories in their turn, and generally applied to Congress for, and
obtained admission ? Why should Utah be an exception ? She has from time to time,
as a constitutional requisition, presented a petition with a constitution containing a
republican form of government. Since her application California, Nevada, Kansas,
Minnesota, Oregon and Nebraska have been admitted. And why should Congress, as
Mr. Colfax says, "endeavor to ignore Utah?" And why should it be so difficult a
question to meet " face to face ?" Has it become so very difficult for Congress to do

348 HISTORY OF UTAH.

right ? What is the matter ? Some remarkable conversation was had between Brigham
Young and Senator Trumbull. Now, as I did not happen to hear this conversation, I
cannot say what it was. One thing, however, I do know that I have seen hundreds of
distinguished gentlemen call on President Young, and they have been uniformly better
treated than has been reciprocated. But something was said about United States officers.
I am sorry to say that many United States officers have so deported themselves that they
have not been much above par with us. They may indeed be satraps and require
homage and obeisance ; but we have yet to learn to bow the knee. Brigham Young does
not generally speak even to a United States Senator with honeyed words and measured
sentences ; but as an ingenuous and honest man. But we are told that " the recent
expulsion of prominent members of his Church for doubting his infallibility proves that
he regards his power as equal to any emergency and has a will equal to his power."

I am sorry to have to say that Mr. Colfax is mistaken here. No person was ever
dismissed from the Church of Jesus Christ of Latter-day Saints for disbelieving in the
infallibility of President Young. I do not believe he is infallible, for one ; and have so
taught publicly. I am in the Church yet. Neither have I ever heard President Young
make any such pretensions. Mr. Colfax is a good politician, but he makes sad blunders
in polemics. He makes a magnificent Speaker and President of the Senate ; I am
afraid, however, that as a preacher he would not be so successful. The honorable
gentleman now proceeds to divide his subject and commences.

" I. THEIR FERTILIZING OF THE DESERT. — For this they claim great credit, and I
would not detract an iota from all they are legitimately entitled to. It was a desert when
they first emigrated thither. They have made large portions of it fruitful and productive,
and their chief city is beautiful in location and attractive in its gardens and shrubbery.
But the solution. of it all is one word — water. What seemed to the eye a desert became
fruitful when irrigated, and the mountains, whose crests are clothed in perpetual snow,
furnished, in the unfailing supplies of their ravines, the necessary fertilizer."

Water! Mirabile dictu! f Here I must help Mr. C. out. This wonderful little
water nymph, after playing with the clouds on our mountain tops, frolicking with the
snow and rain in our rugged gorges for generations, coquetting with the sun and dancing
to the sheen^of the moon, about the time the Mormons came here took upon herself to
perform a great miracle, and descending to the valley, with a wave of her magic wand
and the mysterious words, " hickory, dickory, dock," cities and streets were laid out,
crystal waters flowed in ten thousand rippling streams, fruit trees and shrubbery sprang
up, gardens and orchards abounded, cottages and mansions were organized, fruits, flowers
and grain in all their elysian glory appeared and the desert blossomed as the rose ; and
this little frolicking elf, so long confined to the mountains and water courses proved herself
far more powerful than Cinderella or Aladdin. Oh ! Jealousy, thou green-eyed monster !
Can no station in life be protected from the shimmer of thy glamour ! Must our talented
and honorable Vice-President be subjected to thy jaundiced touch ? But to be serious,
did water tunnel through our mountains, construct dams, canals and ditches, lay out our
cities and towns, import and plant choice fruit-trees, shrubs and flowers, cultivate the
land and cover it with the cattle on a thousand hills, erect churches, schoolhouses and
factories, and transform a howling wilderness into a fruitful field and garden ? If so, why

HISTORY OF UTAH. 349

does not the Green River, the Snake River, Bear River, Colorado, the Platte and other
rivers perform the same prodigies ? Unfortunately for Mr. Colfaxr it was Mormon polyga-
mists who did it. The Erie, the Welland, the Pennsylvania and Suez canals are only
water. What if a stranger on gazing upon the statuary in Washington and our magnifi-
cent Capitol, and after rubbing his eyes were to exclaim, "Eureka! It is only rock and
mortar and wood." This discoverer would announce that instead of the development of
art, intelligence, industry and enterprise, its component parts were simply stone, mortar
and wood. Mr. Colfax has discovered that our improvements are attributable to water.
We next come to another division and quote "Their persecutions:"

"This is also one of their favorite themes. Constantly it is reiterated by tbeir
apostles and bishops, from week to week, and from year to year. It is discoursed about
in their tabernacles and the ward and town churches. It is written about in their periodicals
and papers. It is talked about with nearly every stranger that comes into their midst.
They have been driven from place to place, they claim, solely on account of their religious
belief. Their faith has subjected them to the wickedest persecution by unbelievers. They
have been despoiled, they insist, of their property; maltreated in their persons, buffeted
and cast out, because they would not renounce their professions and their revelations."

This, sir, is all true ; does it falsify a truth to repeat it ? The Mormons make these
statements and are always prepared to prove them. I referred to some of these things in my
last ; Mr. Colfax has not disproved them. He now states, " I do not attempt to decide
that the charges against them are well founded." Why then are they made ? Has it
become so desirable to put down the Mormons that unfounded charges must be preferred
against them ?

" Their church was first established at Manchester, New York, in 1830, and their
first removal was in 1831, to Kirtland, Ohio, which they declared was revealed to them
as the site of their New Jerusalem. [A mistake.] Thence their leaders went west to
search a new location, which they found in Jackson County, Missouri, and dedicated a
site for another New Jerusalem there, and returned to Kirtland to remain for five years
avowedly to make money ; [an error] a bank was established there by them ; large
quantities of bills of doubtful value issued, and growing out of charges of fraudulent
dealing, Smith and Rigdon were tarred and feathered." This is a gross perversion >
Smith and Rigdon were tarred and feathered iu March, 1832, in Hiram, Portage County ;
the bank was organized December 2nd, 1836, in Kirtland.

Mr. Colfax continues : "And unjustifiable as such outrages are, this one was based
on alleged fraud and not on religious belief." Allow me to state that this persecution was
based on religious belief and not on fraud, and that this statement is a perversion, for the
bank was not opened until several years after the tarring and feathering referred to. But
did the bank fail ? Yes, in 1837, about five years after, in the great financial crisis ; and so
did most of the banks in the United States, in Canada, a great many in England, France
and other parts of Europe. Is it so much more criminal for the Mormons to make a
failure than others ? Their bank was swallowed in the general financial maelstrom, and
some time after the failure of the bank the bills were principally redeemed.

" They fled to Missouri, their followers joined them there, they were soon accused of
plundering and burning habitations and with secret assassinations." Was there no law

350 HISTORY OF UTAH.

in Missouri ? The Missourians certainly did not lack either the will or the power to
enforce it. Why were not the robbers, incendiaries, and assassins dealt with ?
* * * But it is not true that these things existed, for I was there and knew to
the contrary ; and so did the people of Missouri, and so did the Governor of Missouri,
Mobs were surrounding us on every hand, burning our houses, murdering our people,
destroying our crops, killing our cattle. About this time that horrible massacre at Haun's
Mill took place, where men, women and children were indiscriminately butchered, and
their remains, for want of other sepulture, were thrown into a well. Messages were
coming in from all parts, of fire, devastation, blood and death. We threw up a few logs
and fences for protection ; this, I suppose, is what Mr. Colfax calls, "fortifying their towns
and defying the officers of law." If wagons and fences and a few house logs are fortifica-
tions, we were fortified; and if the mob, whose hands were dripping with the blood of
men, women and. children, whom they had murdered in cold blood, were "officers of the
law" then we are guilty of the charge. * * * * * *

On this subject I could quote volumes. I will only say that when authenticated
testimony was presented to Martin Van Buren, the President of the United States, he
replied, " Your cause is just ; but I can do nothing for you."

Mr. Golfax, in summing up, says, " There is nothing in this as to their religion."'
Read the following :

Tuesday, November 6th, 1838, General Clark made the following remarks to a
number of men in Far West, Missouri :

" Gentlemen, you whose names are not attached to this list of names will now have
the privilege of going to your fields and providing corn and wood for your families.
Another article yet remains for you to comply with, that is, that you leave the State forth-
with, and whatever may be your feelings concerning this, or whatever your innocence is
nothing to me. The orders of the governor to me were that you should be exterminated.
I would advise you to scatter abroad and never again organize yourselves with bishops,
presidents, etc., lest you excite the jealousies of the people."

Is not this persecution for religion ?

Mr. Golfax next takes us to Nauvoo and says, " In Nauvoo they remained until 1846;
the disturbances which finally caused them to leave the city were not in consequence of
their religious creed. Foster and Law, who had been Mormons, renounced the faith and
established an anti-Mormon paper at Nauvoo called the Expositor. In May, 1844, the
prophet and a party of his followers, on the publication of the first number, attacked the
office, lore it down and destroyed the press."

This is a mistake. The Expositor was an infamous sheet, containing vile and
libelous attacks upon individuals and the citizens generally, and would not have been
allowed to exist in any other community a day. The people complained to the authorities
about it ; after mature deliberation the city council passed an ordinance ordering its
removal as a nuisance, and it was removed. In a conversation with Governor Ford, on
this subject, afterwards, when informed of the circumstances, he said to me, " I cannot
blame you for destroying it, but I wish it had been done by a mob." I told him that we
preferred a lejral course, and that Blackstone described a libelous press as a nuisance and
liable to be removed ; that our city charter gave us the power to remove nuisances ; and

HISTORY OF UTAH. 351

that if it was supposed we had contravened the law, we were amenable for our acts and
refused not an investigation. Mr. Colfax's history says, " The authorities thereupon
called out the militia to enforce the law, and the Mormons armed themselves to resist it."
The facts were that armed mobs were organized in the neighborhood of Carthage and
Warsaw. The Governor came to Carthage and sent a deputation to Joseph Smith,
requesting him to send another to him, with authentic documents in relation to the late
difficulties. Dr. J. M. Bernhisel, our late delegate to Congress, and myself, were deputed
as a committee to wait upon the Governor. His excellency thought it best (although we
had had a hearing before) for us to have a rehearing on the press question. We called
his attention to the unsettled state of the country, and the general mob-spirit that pre-
vailed ; and asked if we must bring a guard ; that we felt fully competent to protect our-
selves, but were afraid it would create a collision. He said, " You had better come
entirely unarmed," and pledged his faith and the faith of the State for our protection.
We went unarmed to Carthage, trusting in the Governor's word. Owing to the unsettled
state of affairs we entered into recognizances to appear at another time. A warrant was
issued for the arrest of Joseph and Hyrum Smith, for treason. They were remanded to
jail, and while there were murdered. Not "by a party of mob," as Mr. Colfax's history
states, "from Missouri," but by men in Illinois, who, with blackened faces, perpetrated the
hellish deed ; they did not overpower the guard, as stated, the guard helped them in the
performance of their fiendish act. I saw them for I was there at the time. I could a tale
unfold that would implicate editors, officers, military and civil, ministers of the gospel,
and other wolves in sheep's clothing.

The following will show in part what our position was :

. "A proclamation to the citizens of Hancock County : — Whereas a mob of from
one to two hundred men, under arms have gathered themselves together in the south-west
part of Hancock County, and are at this time destroying the dwellings, and other build-
ings, stacks of grain and other property, of a portion of our citizens in the most inhuman
manner, compelling the defenseless women and children to leave their sick beds and
exposing them to the rays of the parching sun, there to lie and suffer without aid or
assistance of a friendly hand, to minister to their wants, in their suffering condition.
The rioters spare not the widow nor orphan, and while I am writing this proclamation,
the smoke is arising to the clouds, and the flame is devouring four buildings which have
just been set on fire by the rioters. Thousands of dollars' worth of property has already
been consumed, an entire settlement of about sixty or seventy families laid waste, the
inhabitants thereof are fired upon, narrowly escaping with their lives, and forced to flee
before the ravages of the mob. Therefore I - — command said rioters and other peace
breakers to desist, forthwith, and I hereby call upon the law-abiding citizens, as a. posse
comitatus of Hancock County to give their united aid in suppressing the rioters and
maintaining the supremacy of the law. J. B. BACKENSTOS,

" Sheriff of Hancock County, Illinois."

Mr. Backenslos was not a Mormon.

We set out in search of an asylum, in some far off wilderness, where we hoped we
could enjoy religious liberty. Previous to our departure a committee composed of
Stephen A. Douglas, General John J. Hardin, both members of Congress, the Attorney

352 HISTORY OF UTAH.

General of Illinois, Major Warren and others, met in my house, in Nauvoo, in conference
with the Twelve, to consult about our departure. They were then presented the picture
of devastation that would follow our exodus, and felt ashamed to have to acknowledge
that State and United States authorities had to ask a persecuted and outraged people to
leave their property, homes and firesides for their oppressors to enjoy ; not because we
had not a good Constitution and liberal government, but because there was not virtue and
power in the State and United States authorities to protect them in their rights. We
made a treaty with them to leave ; after this treaty, when the strong men and the majority
of the people had left, and there was nothing but old and infirm men, boys, women and
children to battle with, like ravenous wolves, impatient for their prey, they violated their
treaty by making war upon them, and driving them houseless, homeless, and destitute
across the Mississippi River.

The archaeologist, the antiquarian, and the traveler need not then have gone to
Herculaneum, to Pompeii, to Egypt or Yucatan, in search of ruins or deserted cities ;
they could have found a deserted temple, forsaken family altars, desolate hearth stones
and homes, a deserted city much easier ; the time, the nineteenth century ; the place the
United States of America ; the State, Illinois, and the city, Nauvoo.

While fleeing, as fugitives, from the United States, and in Indian Territory, a requi-
sition was made by the Government for 500 men to assist in conquering Mexico, the very
nation to whose territory we were fleeing in our exile ; we supplied the demand and
though despoiled and expatriated, were the principal agents in planting the United States
flag in Upper California.

I again quote :

" In September, 1850, Congress organized Utah Territory, and President Fillmore
appointed Brigham Young (who at Smith's death had become President of the Church)
as Governor. The next year the Federal judges were compelled by Brigham Young's
threats of violence to flee from the Territory, and the laws of the United States were
openly defied. Col. Steptoe was commissioned Governor in place of Young, but after
wintering with a battalion of soldiers at Salt Lake, he resigned, not deeming it safe or
prudent to accept."

So far from this being the case, Col. Steptoe was on the best of terms with our com-
munity, and previous to his appointment as Governor, a number of our prominent Gentile
citizens, judges, Col. Steptoe and some of his officers signed a petition to the President
praying for the continuance of President Young in office. He continues : " In February,
1856, a mob of armed Mormons, instigated by sermons from the heads of the Church,
broke into the United States court room and at the point of the bowie knife compelled
Judge Drummond to adjourn his court sine die;" [This is a sheer fabrication, there never
was such an occurrence in Utah] " and very soon all the United States officers, except the
Indian Agent, were compelled to flee from the Territory." Now this same amiable and
persecuted Judge Drummond brought with him a courtesan from Washington, whom he
introduced as his wife, and had her with him on the bench. The following will show
the mistake in regard to Col. Steptoe and others :

' ' To His Excellency Franklin Pierce, President of the United States :

"Your petitioners would respectfully represent that, Whereas, Governor Brigham
Young possesses the entire confidence of the people of this Territory, without distinction

HISTORY OF UTAH. 353

of party or sect, and from personal acquaintance and social intercourse, we find him to be
a firm supporter of the Constitution and laws of the United States, and a tried pillar of
Republican institutions ; and having repeatedly listened to his remarks, in private as well
as in public assemblies, do know he is a warm friend and able supporter of Constitutional
liberty, the rumors published in the States to the contrary, notwithstanding; and having
canvassed to our satisfaction, his doings as Governor and Superintendent of Indian Affairs,
and also the distribution of appropriations for public buildings for the Territory, we do
most cordially and cheerfully represent that the same have been expended to the best
interest of the nation ; and whereas, his appointment would better subserve the Territorial
interest than the appointment of any other man,

" We therefore take great pleasure in recommending him to your favorable con-
sideration, and do earnestly request his appointment as Governor and Superintendent of
Indian affairs for this Territory.

"J. F. Kinney, Chief Justice Supreme Court; Leonidas Shaver, Associate Justice;
E. J. Steptoe, Lt. Col. U. S. Army ; John F. Reynolds, Bvt. Maj. ; Rufus Ingales, Capt. ;
Sylvester Mowry, La Chett, L. Livingston, John C. Chandler, Robert 0. Tyler, Benj.
Allston, Lieutenants ; Charles A. Perry, Wm. G. Rankin, Horace R. Kirby, Medical Staff,
U. S. A. ; Henry C. Branch, C. C. Branham, C. J. Bipne, Lucian L. Bedell, Wm. Mac,
J. M. Hockaday, and other strangers.

"SALT LAKE CITY, UTAH TERRITORY,

" December 30th, 1854."

There was really no more cause for an army then than there is now, and there
is no more reason now, in reality, than there was then, and the bills of Messrs. Cragin
and Cullom, are only a series of the same infamies that we have before experienced, and
are designed, as all unbiased men know, to create a difficulty and collision, aided by the
clamor of speculators and contractors, who have, of course, a very disinterested desire to
to relieve their venerated uncle by thrusting their patriotic hands into his pockets.
***** ******

President Buchanan, goaded by the Republicans, wished to show them that in
regard to the Mormons he dared out- Herod Herod, by fitting up an army to make war
upon the Mormons ; but it was necessary to have a pretext. It would not have been
popular to destroy a whole community in cold blood, so he sent out a few miserable
minions and renegades for the purpose of provoking a collision. These men not only
acted infamously here, but published false statements throughout the United States, and
every kind of infamy — as is now being done by just such characters — was laid at the door
of the Mormons. They said, among other things, that we had burned the U. S. records.
These statements were afterwards denied by Governor Gumming. Mr. Buchanan had
another object in view, and Mr. J. B. Floyd, Secretary of War, had also his ax to grind,
and the whole combined was considered a grand coup d' etat. It is hardly necessary to
inform Mr. Colfax that this army, under pretense of subjugating the Mormons, was
intended to coerce the people of Kansas to his views, and that they were not detained
as stated by Mr. . Colfax's history, which said: "The troops, necessarily moving slowly,
were overtaken by the snows in November, and wintered at Bridger." I need not inform
Mr. Colfax that another part of this grand tableau originated in the desire of Secretary

24-VOL 2.

354 HISTORY OF UTAH.

Floyd to scatter the U. S. forces and arms, preparatory to the Confederate rebellion.
Such is history and such are facts.

We were well informed as to the object of the coming of the army ; we had men in
all of the camps, and knew what was intended. There was a continual boast among the
men and officers, even before they left the Missouri River, of what they would do with
the Mormons. The houses were picked out that certain persons were to inhabit ; farms,
property and women were to be distributed. " Beauty and booty" were their watchword.
We were to have another grand Norman conquest, and our houses, gardens, orchards,
vineyards, fields, wives and daughters were to be the spoils. Instead of this Mr.
Buchanan kept them too long about Kansas ; the Lord put a hook in their jaws, and
instead of reveling in sacked towns and cities and glutting their libidinous and riotous
desires in ravishing, destroying and laying waste, they gnawed dead mules' legs at
Bridger, rendered palatable by the ice, frost and snow of a mountain winter, seasoned by
the pestiferous exhalations of hetacombs of dead animals, the debris of a ruined army, at
a cost to the nation of about forty millions. We had reason to say then, " The Lord
reigns, let the earth be glad." Oh, how wicked it was for President Young to resist an
army like the above, prostituted by the guardians of a free and enlightened republic to the
capacity of buccaneers and brigands !
******** * **

I now come to Mr. Colfax's next heading, " their polygamy :"

As this is simply a rehash of his former arguments, without answering mine, I beg
to be excused inserting his very lengthy quotation, as this article is already long. In
regard to our tolerations of all religions, Mr. G. entertains very singular ideas. We do
invite men of almost all persuasions to preach to us in our tabernacles, but we are not so
latitudinarian in our principles as to furnish meeting houses for all ; we never considered
this a part of the programme. Meeting houses are generally closed against us everywhere,
and men are advised not to go and hear us ; we open ours, and say to our congregation
go and hear them, but we do not engage to furnish all. Neither is the following state-
ment correct : " About the same time he (Mr. Taylor) was writing it, Godbe and others
were being expelled from the Church for disbelieving the infallibility of Brigham Young."
No person, as I before stated, was ever expelled from the Church for doubting the
infallibility of President Young ; it is but just to say that President Young himself
disclaims it. Mr. C. again repeats his argument in relation to the suttee, or burning of
widows in India, and after giving a very elaborate and correct account of its suppression
by English authority says : —

" Wherever English power is recognized there this so-called religious rite is now
sternly forbidden and prevented. England with united voice said stop ! and India
obeyed."

"To present Mr. Colfax's argument fairly, it stands thus: The burning of Hindoo
widows was considered a religious rite, by the Hindoos. The British were horrified at
the practice and suppressed it. The Mormons believe polygamy to be a religious rite.
The American nation consider it a scandal and that they ought to put it down. Without
entering into all the details, I think the above a fair statement of the question. He says
' the claim that religious faith commanded it was powerless, and it went down as a relic

HISTORY OF UTAH. 355

of barbarism.' He says: ' History tells us what a civilized nation, akin to ours, actually
did, where they had the power.' I wish to treat this argument with candor, although I
do not look upon the British nation as a fit example for us ; it was not so thought in the
time of the Revolution. I hope we would not follow them in charging their cannon with
Sepoys, and shooting them off in this same India. 1 am glad, also, to find that our
Administration views and acts upon the question of neutrality more honorably than our
trans-Atlantic cousins. But to the point. The British suppressed the suttee in India,
and therefore we must be equally moral and suppress polygamy in the United States.
Hold ! not so fast ; let us state facts as they are and remove the dust. The British
suppressed the suttee, but tolerated eighty-three millions of polygamists in India. The
suppression of the suttee and that of polygamy are two very different things. If the
British are indeed to be our exemplars, Congress had better wait until polygamy is
suppressed in India. But it is absurd to compare the suttee to polygamy ; one is murder
and the destruction of life, the other is national economy and the increase and perpetua-
tion of life. Suttee ranks truly with Infanticide, both of which are destructive of human
life. Polygamy is salvation compared with either, and tends even more than monogamy
to increase and perpetuate the human race.

I have now waded through Mr. Colfax's charges and have proven the falsity of his
assertions and the tergiversation of his historical data. I will not say his but his adopted
history ; for it is but fair to say that he disclaims vouching for its accuracy.

Permit me here again to assert my right as a public teacher, to address myself to
Congress and the nation, and to call their attention to something that is more demoral-
izing, debasing, and destructive than polygamy. As an offset to my former remarks on
these things, we are referred to our mortality of infants as " exceeding anything else
known."

Mr. Colfax is certainly in error here. In France, according to late statistical reports
on la mart d' enfants, they were rated as from fifty to eighty per cent, of the whole
under one year old. The following is from the Salt Lake City sexton's report for 1869:

" Total interments during the year, 484; deducting persons brought from the country
places for interment, and transients, 93: leaving the mortality of this city, 391.

"Jos. E. TAYLOR, Sexton."

" Having been often asked the question : Whether the death-rate was not consider-
ably greater among polygamic families than monogamic, I will answer ; Of the 292
children buried from Salt Lake City last year [1869], 64 were children of polygamists ;
while 228 were children of monogamists ; and further, that out of this number, there

was not even one case of infanticide.

" Respectfully,

"Jos. E. TAYLOR."

We had a sickly season last year among children ; but when it is considered that we
have twice as many children as any other place, in proportion to the number of inhabi-
tants, the death-rate is very low, especially among polygamists.

But supposing it was true, " the argumentum ad hominum," which Mr. Colfax says
he " might use," would scarcely be an argumentum ad judicum; for if all the children
in Salt Lake City or Utah died, it would certainly not do away with that horrible crime,

356 HISTORY OF UTAH.

infanticide. Would Mr. Colfax say that because a great number of children in Utah,
who were children of polygamists, died, that, therefore, infanticide in the United States
is justifiable? and that the acts of Madame Restelle and her pupils were right and proper?
I know he would not, his ideas are more pure, generous and exalted. Mr. Colfax says of
us, " I do not charge infant murder, of course." Now I do charge that infant murder
prevails to an alarming extent in the United States. The following will show how near
right I am. Extract from a book entitled, Serpents in a Dove's Nest, by Rev. John
Todd, D. D., Boston. Lee and Shepherd.

*##**#*#*:•:*

I have statistics before me now, from a physician, stating the amount of prostitution,
fo?ticide and infanticide in Chicago ; but bad as Chicago is represented to be, these
statements are so enormous and revolting that I cannot believe them. Neither is the
statement made by some of the papers, in regard to Mr. Colfax's association with the
Richardson case, reliable. Men in his position have their enemies, and it is not credible
that a gentleman holding such strong prejudice about what he considers the immorality
of the Mormons, and whose moral ideas in relation to virtue and chasity are so pure,
could lend himself as an accomplice to the very worst and most revolting phase of Free
Loveism. And I would here solicit the aid of Mr. Colfax, with his superior intelligence,
his brilliant talents and honorable position, to help stop the blighting, withering curse of
prostitution, focticide and infanticide.

I call upon philosophers and philanthopists to stop it ; know ye not that the trans-
gression of every law of nature brings its own punishment, and that as noble a race of
men as ever existed on the earth are becoming emasculated and destroyed by it? I call
upon physicians to stop it; you are the guardians of the people's health, and justice
requires that you should use all your endeavors to stop the demoralization and destruction
of our race. I call upon ministers of the gospel to stop it; know ye not the wail of
murdered infants is ascending into the ears of the Lord of Sabaoth and that the whole
nation is hastening to destruction whilst you are singing lullaby songs to murderers and
murderesses ? I call upon statesmen to stop it ; know ye not that the statisticians inform
us that our original stock is running out, and that in consequence of this crime we are
being supplanted by foreigners, and that the enemies of the negro race are already
exulting in the hope of their speedy extinction, by copying your vices? I call upon the
fair daughters of America and their abettors, their husbands and paramours to pause in
their career of crime ; you came of an honorable and pure stock, your fathers, mothers
and grandmothers' hands were not stained with the blood of innocence ; they could press
their pillows in peace, without the fear of a visit from the shades of their wailing offspring.
1 call upon municipal and State authorities and especially upon Congress to stop this
withering, cursing and damning blight. I call upon all honorable men and women to use
their influence to stop this growing evil. I conjure you by the love of God, by the ties
of consanguinity, by a respect for our race and a love for our nation, by the moans of
murdered infants and the fear of an avenging retribution, help stop this cursed evil !

In the province of Gazaret, Hindostan, parents have been in the habit of destroying
infant children as soon as born ; and at the festival held at Gunga Sergoor, children were
sacrificed to the Ganges from time immemorial ; both of these the British nation

HISTORY OF UTAH. 357

suppressed. Shall we practice crimes in civilized and Christian America, that England
will not allow heathens to perform, but put them down by the strong arm of the law ?
You indeed tell us that these things are " banned by you, banned by the law, banned by
morality and public opinion;" your bans are but a mockery and a fraud, as are your New
England temperance laws ; your law reaches one in a thousand who is so unfortunate as
to be publicly exposed. These crimes, of which I write, run riot in the land, a wither-
ing, cursing blight. The affected purity of the nation is a myth ; like the whited walls
and painted sepulchers, of which Jesus spake, " within there is nothing but rottenness
and dead men's bones." Who, and what is banned by you ? What power is there in
your interdiction over the thirty thousand prostitutes and mistresses of New York and
their amiable pimps and paramours? What of the thousands in the city of brotherly
love, in Boston, in your large eastern, northern and southern cities? What of Washing-
ton ? What of your four hundred murder establishments in New York and your New
England operations in the same line ? You are virtuous are you ? God deliver us from
such virtue. It may be well to talk about your purity and bans to those who are
ignorant ; it is too bare-faced for the informed. I say, as I said before, why don't you
stop this damning, cursed evil? I am reminded of the Shakesperian spouter who cried,
" I can call spirits from the vasty deep ! " " So can I," said his hearer, " but they won't
come ! " Now we do control these horrid vices and crimes, do you want to force them
upon us ? Such things are

" A blot that will remain a blot in spite
Of all that grave apologists may write ;
And, though a bishop try to cleanse the stain,
He rubs and scours the crimson spot in vain."

We have now a Territory out of debt ; our cities, counties and towns are out of
debt. We have no gambling, no drunkenness, no prostitution, feticide nor infanticide.
We maintain our wives and children, and we have made the " desert to blossom as the
rose." We are at peace with ourselves and with all the world. Whom have we
injured ? Why can we not be let alone ?

What are we offered by you in your proposed legislation ? for it is well for us to
count the cost. First — confiscation of property, our lands, houses, gardens, fields, vine-
yards, and orchards, legislated away by men who have no property, carpet-baggers,
pettifoggers, adventurers, robbers, for you offer by your bills a premium for fraud and
robbery. The first robs us of our property and leaves us the privilege, though despoiled,
of retaining our honor, and of worshiping God according to the dictates of our own
conscience. We have been robbed before ; this we could stand again. Now for the
second — the great privilege which you offer by obedience : Loss of honor and self respect ;
a renunciation of God and our religion ; the prostitution of our wives and children to a
level with your civilization ; to be cursed with your debauchery ; to be forced to countenance
infanticide in our midst, and have your professional artists advertise their dens of murder
among us ; to swarm, as you do. with pimps and harlots and their paramours ; to have
gambling, drunkenness, whoredom, and all the pestiferous effects of debauchery ; to be
involved in debt and crime, forced upon us ; to despise ourselves, to be despised by our wives,

358 HISTORY OF UTAH.

children and friends, and to be despised and cursed of God, in time and in eternity.
This you offer us and your religion to boot. It is true you tell us you will " ban it," but
your bans are a myth ; you would open the flood gates of crime and debauchery,
infanticide, drunkenness and gambling, and practically tie them up with a strand of a
spider's web. You cannot stop these ; if you would you have not the power. We have,
and prefer purity, honor, and a clear conscience, and our motto today is, as it ever has
been, and I hope ever will be, " The Kingdom of God or nothing."

Apostle Taylor's reasoning did not convince the Vice-President
that Mormonism's claims were correct, or that the system ought to be
let alone by Congress and the Administration. Indeed the only
effect on Mr. Colfax, excepting perhaps a better understanding of
Mormon history, after the revision of his anti-Mormon notes by
the Apostle, was to still further embitter him against the Saints,
and cause him to use his influence with President Grant more
determinedly than ever to their detriment.

HISTORY OF UTAH. 359

CHAPTER XV.

1870.

THE UTAH LIBERAL PARTY ITS CHARACTER AND ANTECEDENTS A LITTLE OF ITS HISTORY

REVIEW OF LOCAL POLITICS MCGRORTY AND HIS CONTEST FOR THE UTAH DELEGATESHIP

— THE "MORMON TRIBUNE," FORERUNNER OF THE "SALT LAKE TRIBUNE," ESTABLISHED —
THE "SALT LAKE HERALD" — POLITICAL COALITION OF THE GENTILES AND GODBEITES

BIRTH OF THE INDEPENDENT OR LIBERAL PARTY THE SALT LAKE CITY ELECTION OF

1870 DANIEL H. WELLS AND HENRY W. LAWRENCE CANDIDATES FOR THE MAYORALTY

A PRACTICAL JOKE BY "THE PEOPLE" THE INDEPENDENTS "SNOWED UNDER" THE

CORINNE CONVENTION THE LIBERAL CHRISTENING GEORGE R. MAXWELL RUNS FOR CON-
GRESS AGAINST WILLIAM H. HOOPER ANOTHER LIBERAL DEFEAT.

LN the sequence and evolution of events we come now to the
•I- birth of the Liberal Party. This political organization, it is
perhaps needless to say, was the first to enter the lists and
contest with the People's Party in the tournament of local
politics. The term party implies division, and as there was
practically no division, at least no organized division of the kind in
question until the rise of the Liberal Party, — all or nearly all the
citizens of the Territory, prior to that period, voting one way at
elections, — some might maintain that up to that time no People's
Party existed here, and that both these organizations came into
being simultaneously. This, however, would only be in part correct,
since there was a fully equipped political organization — the People's
Party in all but name — extant in the Territory from the beginning.
This party comprised the Mormons, who were emphatically "the
people" of Utah, constituting as they did, and as they still do, the
vast majority of her citizens. In their political ranks, however
were always a few friendly outsiders, non-communicants with the
Saints in a religious way, but otherwise more or less attached to
their interests. These were termed by the radical Gentiles "Jack-

360 • HISTORY OF UTAH.

Mormons," a name borrowed from Illinois politics of an earlier
period. Here, as there, this opprobrious and much dreaded epithet
came to be applied to every conservative non-Mormon in Utah ; such
as were unwilling or reluctant to join in the general hue and cry,
and take part in the anti-Mormon crusades inaugurated by the
Liberals. Many a Gentile who preferred peace to strife, and would
fain have remained out of the fight waged between the local factions,
particularly after it became a very bitter fight, was whipped into
line by means of this lash — the fear of being dubbed a "Jack-
Mormon" — and made to do yeoman service for the anti-Mormon
cause.

The Liberal Party was composed entirely of Gentiles and
apostates; for the few Mormons who joined it, either at the
beginning or in after years, were looked upon by the main body of
the Church as seceders from the faith, whether or not they had been
formally excommunicated. As already stated, it was the Godbeite
Movement that gave birth to the Liberal Party. It was that move-
ment which furnished the anti-Mormon politicians their opportunity
— an opportunity long waited for — to launch upon the sea of Utah
politics an opposition to the dominant power which for so many
years had sailed that sea alone. In fact it was under the pennon
of the Godbeite Movement — though the Gentiles virtually officered
and manned the craft — that the Liberal ship was launched. Mor-
monism at that time was supposed to be crumbling. It was thought
by many to have received its death-blow in the "schism" begun by
Mr. Godbe and his friends, and it was confidently expected that
hundreds and even thousands of disaffected Saints would follow
the example of the seceding Elders and rally round the standard
that they had raised. Hence, it was believed to be a propitious
time to project a political as well as a religious anti-Church move-
ment. So thought the Gentiles of Salt Lake City, who coalesced
with the Godbeites for political purposes and formed in the beginning
of the year 1870 the Liberal Party. It is believed that the
Godbeites were impelled into this coalition by the fear, which proved

HISTORY OF UTAH. 361

to be well founded, that their religious movement, as such, would be
a failure; and their "Church of Zion," which had no head, and very
little body, being derided by their former brethren and sisters, they
resolved to coalesce with the Gentiles in such a way as to make their
power, such as it was, more distinctly felt.* At all events, had there
been no New Movement, it is very doubtful that the Liberal Party, —
though "a manifest destiny" in Utah at some period, — would have
been organized so soon. The Gentiles, like the Godbeites, were only
a few in number, and both combined were easily "snowed under" at
the polls ; but owing to the anticipation of an extensive apostasy
from Mormonism, — a veritable windfall of souls, who would all be
eager to vote against the dominant power, — and the expected
disintegration of the Church before the increase of non-Mormon
population, and such agencies as the railway, Congressional legisla-
tion and perhaps the military power of the Government, the
politicians were encouraged to proceed, and the Liberal Party was
the result.

It was not until they discovered their mistake, and learned that
the defection caused by the Godbeite Movement would be but slight;
that the railway and Congress could not be relied upon to work the
quick changes desired ; that the Government was not going to make
literal war upon Utah and thus recommit the Buchanan blunder of
1857; in short, it was not until they found that Mormonism, in
spite of all, still reigned among the Rockies, — as securely throned,
apparently, as Mont Blanc, "the monarch of mountains," whom

" — they crowned long ago
On a throne of rocks, in a robe of clouds,
With a diadem of snow," —

* " The Keepapitchinin," a comic paper established by Mr. George J. Taylor, alias
"Unohoo," in March, 1870, made much fun of the headless "New Movement." Soon
there sprang up an opponent of " The Keepapitchinin," styled " Diogenes," edited
ostensibly by Daniel Camomile, an apostate Mormon, but in reality by Messrs. James

Bond, John Isaacs and Coombs, printers at the "Salt Lake Tribune" office. Brigham

Young and the Church were the objects of its attacks. Both papers were short-lived, only
running for about six months.

362 HISTORY OF UTAH.

that the anti-Mormons, most of whom were willing to take a con-
servative course at the start, resolved upon another policy entirely,
and began a bitter and for the most part unscrupulous warfare
against the Saints; a warfare almost without parallel in the annals
of political strife, and which, but for the proverbial patience and
self-control of the Mormon people, — which many times thwarted the
plans of their foes, — would have resulted in a bloody and disastrous
war. Such an event would probably have been welcomed by the
crusaders, so anxious were they to have Mormonism uprooted and
destroyed, and it is safe to say that war would have been the issue
of a similar controversy in any other State or Territory of the

Union. Of course the anti-Mormons, if left to themselves, could

•

have done but little, but they well knew which side the Nation would
be most likely to espouse in case the quarrel came to blows,
especially if Gentile blood should be shed, and their version of the
affair should go before the country first; as it doubtless would have
gone, since the local agency of the Associated Press was entirely in
their hands, where it is today. They were willing, therefore, to risk
all upon the outcome. But the Mormons, taught by their past
painful experiences in Missouri and Illinois, not to play into the
hands of the politicians, whose aim, like that attributed to "the
gods," was to "first make mad," in order to more easily "destroy,"
were just as well aware as their opponents of what would follow if
they resorted to violence to rid themselves of their aggressive
tormentors. They knew that their only safety lay in patience and
self-control. Forbearance, therefore, became their motto, and they
strove with might and main to govern their tempers and "keep
cool," let their enemies do what they might. They succeeded
admirably, though goaded at times almost to desperation by their
cunning and conspiring foes, who, failing to incite them to the
commission of some overt act that might be heralded abroad as a
"Mormon uprising," as treason and rebellion against the Govern-
ment, did not hesitate to falsely charge them more than once with
doing what their accusers most desired them to do, namely : take up

HISTORY OF UTAH. 363

arms and drive the Gentiles from the Territory.* The Utah anti-
Mormons, we say, could have done but little had they been left to
themselves. Able and energetic though they were, their numbers,
for many years, were far too few to be formidable. But with Con-
gress and the country at their back, in full sympathy with their
object, though .not all in favor of their unscrupulous methods; with
missionary judges and picked juries, and all the machinery of the
Federal courts to aid them; with Governors holding the absolute
veto power to nullify the acts of the Legislature ; with the Utah
Commission, registration officers, and a majority of the judges of
election all working in their behalf; with the entire control of the
Associated Press, whose local agent was always identified with the
anti-Mormons and would publish as a fact any falsehood that they
desired to fulminate; not to mention their newspaper organ — the
Tribune — widely read, and, what is more [unfortunate for Utah,
believed; with all these and more to assist them, it would have been
strange indeed had not the Liberals become, in course of time, an
enemy to be opposed rather than despised. Finally, after the lapse
of twenty years, during which period all that such agencies could do
had been done, in vain, to render the anti-Mormon cause triumphant,
the Liberals, under the leadership of a shrewd and unprincipled
politician, accomplished by fraud what they had failed to achieve
in two decades of almost constant plotting and toil. How they ran
foreign voters into the Territory, registered them as bona fide Utah
citizens, herded them like cattle to the polls, and by such "majori-
ties" seized the reins of government in Ogden and Salt Lake, the
two principal cities of the Territory, and reveled in extravagance,
official corruption and social debauchery, until all good citizens,

* This trick was resorted to as late as July, 1885, when President Cleveland was so
far imposed upon by the Utah conspirators, with Governor Eli H. Murray at their head,
that he ordered troops to the Territory to suppress " a Mormon insurrection," which had
no existence whatever. The President was greatly chagrined on learning the truth, and
it was this act with others equally inexcusable that cost Governor Murray his official
head.

364 HISTORY OF UTAH.

Gentiles as well as Mormons, were disgusted, and entered more than
one emphatic protest against Liberal misrule, cannot now be dwelt
upon. At the time of this writing — August, 1892 — the Liberal
Party seems doomed. The People's Party having disbanded,
polygamous marriages in Utah having ceased, and most of her
citizens, Mormons and Gentiles, having divided on. national party
lines as Democrats and Republicans, it has nothing but malignity
and dead issues to subsist upon, and there is no longer any
excuse for its existence. Most of its leaders and the better class of
its members have left or are leaving it. There is a remnant,
however, — office-holders, unrelenting apostates and the "riff-raff" or
mobocratic element, — that will probably "die hard," clinging
tenaciously to the power that they have so misused, and to the
purse-strings of the municipality which their extravagance has well-
nigh bankrupted. There is a very general desire on the part of reput-
able citizens, Republicans and Democrats alike, to hurl from office
and authority the corrupt and useless Liberal Party — an act already
accomplished at Ogden — and inaugurate in Utah's chief city a real
reform; such as was promised, but never performed, by the
tyrannical and illiberal faction — illiberal in spite of its name — which
has misgoverned, since the spring of 1890, the municipality of Salt
Lake.

In the foregoing arraignment of the Liberal Party, we do not of
course mean to include all its members. It is only to a certain class
that these strictures will apply. Many of the Liberals were high-
minded and honorable gentlemen, who, while having no love for
Mormonism, and anxious to see it suppressed, would not stoop to the
trickery, hypocrisy and dishonesty of those with whom, from
sympathy with the main object in view, or from sheer force of
circumstances, they were induced to co-operate in a common cause.
Neither would we harshly criticize the masses of the Liberals, many
of whom were good, honest people, sincere in their convictions, but
mostly deceived by misrepresentation, and their prejudices played
upon by their scheming and unscrupulous leaders. Some of the

HISTORY OF UTAH. 365

chiefs, however, were as reputable and respectable as others seemed
totally unprincipled. It was a strange mixture, this political pot-
pourri; this medley of anti-Mormonism. The Liberal Party of
Utah, like the Anti-Mormon Party of Illinois — to repeat what we
once said concerning the latter organization — in its palmy days
answered far better than did Sir Francis Bacon, Pope's caustic des-
cription of England's great Lord Chancellor — "the wisest, brightest,
meanest of mankind."

This leads to a few words more respecting the antecedents and
components of the Liberal Party. In previous chapters of this
history it has been shown that it was always a pet scheme
with certain persons who came to this Territory, as civil or military
representatives of the Federal Government ; as commercial men,
contractors and speculators, interested in the material development
of the country, or as mere roving adventurers, expelled literally or
by force of public opinion from other places and in quest of "greener
fields and pastures new," wherein to feed and fatten at the expense
of their betters, to disrupt the general condition of things here
existing, and institute radical changes in the social, political and
even religious affairs of the people. The better class of these would-
be reformers, those who have had it in their hearts to benefit the
Mormons, whom they believed to be misguided and enthralled, have
only favored legitimate agencies and methods, such as Congressional
legislation, and the operations of courts, schools, churches, missions,
newspapers, etc., to effect the desired changes. But another class,
who, however sincere in their wishes to work a transformation, can
scarcely be regarded as real reformers, have actually advocated such
agencies as the drinking saloon, the gambling house and the brothel,
to seduce the young Mormons from the faith of their fathers, and
have openly exulted at the prospect of morally ruining in order to
"reform" the rising generation of Utah. The author will blame no
one for doubting this statement until he has read the following
extracts from an editorial article in the Salt Lake Tribune — the organ
of the Liberal Party— of March 6th, 1881:

366 HISTORY OF UTAH.

WHAT UTAH WANTS.

Apropos of the new and petty war recently started by the municipal government on
the women of the town, the liquor dealers and the gambling fraternity, one of the
' enemy ' said to us the other day: " It may be a hard thing to say, and perhaps harder
still to maintain, but I believe that billiard halls, saloons and houses of ill-fame are
more powerful reforming agencies here in Utah than churches and schools, or even than
the Tribune. What the young Mormons want is to be freed. So long as they are slaves,
it matters not much to what or to whom, they are and they can be nothing. Your
churches are as enslaving as the Mormon Church. Your party is as bigoted and intol-
erant as the Mormon party. At all events I rejoice when I see the young Mormon
hoodlums playing billiards, getting drunk, running with bad women — anything to break
the shackles they were born in, and that every so-called religious or virtuous influence
only makes the stronger. Some of them will go quite to the bad, of course, but it is
better so, for they are made of poor stuff, and since there is no good reason why they
were begun for, let them soon be done for, and the sooner the better. Most of them,
however, will soon weary of vice and dissipation, and be all the stronger for the knowl-
edge of it and of its vanity. At the very least they will be free, and it is of such vital
consequence that a man should be free, that in my opinion his freedom is cheaply won at
the cost of some familiarity with low life. And while it is not desirable in itself, it is to
me tolerable, because it appears to offer the only inducement strong enough to entice men
out of slavery into freedom."

The Tribune's comments on the above were as follows :

Freedom is the first requisite of manhood, and if it can be won without excesses so
much the better. If it can't, never mind the excesses, win the freedom. It is not you
who are responsible, when it comes to that; it is those who have enslaved you. Who is
the national hero of the yeomanry of England but Robin Hood, " waging war against the
men of law, against bishops and archbishops, whose sway was so heavy ; generous, more-
over ; giving a poor, ruined knight clothes, horse and money to buy back the land he had
pledged to a rapacious Abbot ; compassionate, too, and kind to the poor, enjoining his men
not to injure yeomen and laborers, but above all rash, bold, proud, who would go to
draw his bow before the sheriffs eyes and to his face ; ready with blows, whether to
give or take."
*********

Read the first chapter of Book Two of Taine's English Literature, if you would see
what ails Utah, and what it needs as a medicament.

To vent the feelings, to satisfy the heart and eyes, to set free boldly on all the roads
of existence, the pack of appetites and instincts, this was the craving which the manners
of the time betrayed. It was ' merry England,' as they called it then. It was not yet
stern and constrained. It expanded widely, freely, and rejoiced to find itself so expanded.
*********

Let the people of Utah rise out of the dust, stand upright, inquire within, lean on
themselves, look about them, and try in a large way to be men, as they were born to be.

HISTORY OF UTAH. 367

Let them know nobody more puissant than themselves. What is a game of billiards, a
glass of beer, a cup of coffee, cigar, or other petty vice, in the span of a strong human
life, filled with endeavor in the right direction? 'The Territory, like the rest of the land,
is still in its infancy, still in the pulp of babyhood. It has yet to be made. There is
work for men, whose first and last quality is strength, manliness. The day of trifles, and
of crouching and cowardice, of criminal surrender to the first howling dervish who calls
himself a priest and presumes to speak in the name of the Almighty, has lasted long
enough. Let a new era dawn in which men shall dare to be men.

An object in view with both classes has been to wrest the
control of the Territory from the hands of its founders, the Mormon
people, who have always been in the overwhelming majority, and
the vesting of that control in the local Gentiles, a small minority ;
not merely for purposes of private gain — though that has been the
principal aim with many — but to limit if not to destroy the power of
Mormonism. The latter has undoubtedly been the object with the
better class of the opponents of the system, as well as the purpose
of the general government. To this fact, and this alone, may
properly be attributed nearly all the troubles and turmoils that have
afflicted Utah from the beginning.

Almost from the first such persons as those described, good men
and bad, all bent upon one purpose, have worked in the very midst
of Mormonism for its overthrow ; and have done so for the most
part with perfect impunity, notwithstanding the assertions of those,
who, while spreading far and wide the report that Gentiles could not
live in Utah, especially Gentiles who were unfriendly to the Saints,
have themselves furnished proof of the falsity of their statement, in
continuing to reside here unmolested, though daily and hourly
maligning and planning against the peace and welfare of the people.
Such men, and some who were their superiors in every respect, have
encouraged and assisted in the introduction of schisms into the
Mormon Church, the formation of opposition parties in local politics,
the establishment of newspapers having as their chief aim — next to
money-making — the suppression of Mormonism, and the scattering
abroad by means of the press, or by private letters and telegrams,
all kinds of false reports concerning its votaries. Many Christian

368 HISTORY OF UTAH.

ministers have assisted in this work of misrepresentation. Some of
the official class have also used the powers and functions of their
offices to the same end, and, carried away by excess of zeal, have
halted at little or nothing to accomplish their object, — the insertion
of some sort of entering wedge into Mormonism, that would split
and divide the system and destroy it. That this has been the real
purpose, waiving all plays on words, or at any rate that this would
have been the result of perfect success in the plans set working, it
would be vain to deny; though innumerable have been the protes-
tations to the contrary. Some have said that it was only Brigham
Young and the one-man-power that they opposed ; some that it was
polygamy and that alone that they wished to see put down; others,
that it was the union of church and state they were fighting,
and that polygamy was a mere bagatelle, a trifle for which they cared
nothing, compared with the influence wielded by the Mormon Priest-
hood in politics ; while others still complained of the unity and
exclusiveness of the Saints, and of the general aggrandizement and
domination of the Church in temporal things. It is idle to bandy
words in such a case. What was wanted was the emasculation if
not the destruction of Mormonism. That its total annihilation was
desired by many, — who have shown by their acts to this day that
nothing less than that would satisfy them, — there is no room for
doubt or reasonable denial.

Now the Mormons, as is well known, fled from the confines of
civilization and made their home in the wilderness, in order to find
peace, which they could not find elsewhere; to secure the privilege
of practicing their religion unmolested; to have liberty to work out
their peculiar social problems — hurtful if at all to none but them-
selves, and hurtful not at all according to their faith and experience;
to found a commonwealth where they might elect their own rulers,
make their own laws and be free from the political corruptions and
social evils that prevailed in other places. Such was their purpose
in settling and colonizing these desert vales of the Rocky Mountains,
having first suffered untold hardships in getting here, to say nothing

HISTORY OF UTAH. . 369

of their previous history written in their own blood and tears, and in
those of their persecuted and murdered co-religionists. Small
wonder, therefore, that they should regard with a jealous eye those
encroachments that threatened to overthrow and bring to naught
their plans for peace and freedom; to introduce into their com-
munity strife and division from which they had before suffered so
severely; to foster among them drunkenness, prostitution and
kindred evils which they so dreaded, and in short bring to their
doors all the ills, to escape which they had fled from society, from
civilization, and placed a thousand miles of barren plains and bleak
mountains between them and its western frontier. They could
scarcely be expected to smile approvingly on and applaud the efforts
of those whose avowed purpose, if not to destroy them personally,
was to destroy that which they held most dear, and desecrate what
they deemed sacred and divine. All that could reasonably be
required of such a people under such circumstances would be
patience, self-control and legitimate effort to prevent, their enemies
from accomplishing their designs. That the Mormons have
succeeded, better than most people would have done, in restraining
themselves under as high pressure as ordinary mortals are ever
subjected to, fighting their foes as a general thing only on fair and
legitimate lines, none cognizant of their history can conscientiously
deny.

That many, perhaps most of those who have opposed the Saints
have been sincere in their opposition, and impelled more or less
by principle, and not entirely by passion, self-interest and sordid
calculation, is not questioned. Some of them, undoubtedly, have
been pure-souled patriots, genuine reformers, who believed that in
fighting Mormonism they were striving to put down tyranny, treason
and licentiousness. Aside from this error — for it is an error — their
only mistake has been in the adoption at times of means for its sup-
pression that were outside the pale of justice and propriety. " The
end justifies the means" — a Jesuitical doctrine as dangerous as it is
daring — has been their rule of conduct in such cases, and failure, as

25-VOL. 2.

370 HISTORY OF UTAH.

often as success, has resulted from the pursuit of this perilous policy.
But others who have gone hand in hand with these high-minded
characters — so far as the latter would permit them — who have
fought under the same banner and partly for the same purpose, have
had no such honorable motive. Among these are the adventurers
referred to, seltish schemers, dishonest demagogues, social pirates,
pelf and place hunters, panderers for hire to the prejudices of those
more sincere in their hatred and hostility toward the Saints.

True, even these have professed patriotism, — in fact they have
arrogated to themselves about all the patriotism that the land con-
tained, and have vociferated their desires to reform and regenerate
the Mormon people; a community as far above them in innate
loyalty and moral worth, in spite of every fault, as their own pro-
fessions have been superior to their practices. Like Satan, quoting
scripture to the Son of God, in order to convince Him that He ought
to dishonor Himself, they have tried to persuade the youth • of
Utah to cast themselves down from the moral pinnacle on which
they stood and show themselves free and liberal by wallowing in the
filth and mire so congenial to the tastes and habits of their tempters.
It is painful to add that some young Mormons, and others not so
young, have listened to the siren voice of these seducing spirits—
who were always a disgrace to their party, or to the better portion
of it — and have become as loosely " free " and as licentiously
"liberal" as their depraved "reformers" could desire.

We do not mean to say that all the fault for all the evil that
has occurred in Utah has been on one side. That the Mormons
have always been right and never wrong, no one acquainted with
the facts and wishing to be truthful would care to maintain. The
Mormons have been accused of tyranny and oppression. That some
of them have been guilty of the charge is quite probable. It is
natural for some men to be tyrannical and to oppress their fellows,
particularly if they themselves have been oppressed. Persecution
alone never teaches men to be tolerant. It is pure knowledge or the
Spirit of God that does that. That some Mormons have oppressed

HISTORY OF UTAH. 371

some Gentiles in Utah, just as some Gentiles oppressed the Mormons
in Missouri and Illinois, we verily believe, and in both cases,
perhaps, they thought they were doing God service. Moreover
we think we could show that Mormons have oppressed Mormons,
and Gentiles, Gentiles, if we cared to extend the argument. These
things are inherent in human nature. Every Mormon accepts as
true that saying of Joseph Smith's : "We have learned by sad exper-
ience that it is the nature and disposition of almost all men, as soon
as they get a little authority, as they suppose, they will immediately
begin to exercise unrighteous dominion." And the law of retali-
ation, the law of Moses, is stronger than the law of Christ, the
gospel of love and forgiveness, in the "members" of "the natural
man.'' There is no doubt that some Mormons have made enemies
among the Gentiles and among their own people, by tyrannical or
selfish acts, and have justified by such conduct much of the ill
feeling that has resulted. But why make a whole community
responsible for the misdeeds of certain of its members? Some
Mormons have done worse than to oppress; they have committed
heinous crimes, and those crimes have been chronicled and
published by Mormon pens and prints, and their perpetrators, when
known, held up to deserved odium and detestation. That some of
the leaders of the Saints in warlike times, and under the influence of
the excitement of such times, have uttered sentiments which, repro-
duced by an enemy and all extenuating circumstances hidden or held
in the back-ground, seem to smack of disloyalty and defiance to the
Government, is also true. Nor is it denied by the Mormons, how-
ever deeply deplored, that among their men and women — let only the
guiltless of their accusers cast stones — occasional instances of
immorality and unchastity have been found. But that the Mormon
people, as a people, with their leaders, are a tyrannical, a trea-
sonable, a murderous or a licentious community, or that their
religion tends to make them so, is not true. It is a slander as foul
and false as the souls of those who, knowing it to be such, have
nevertheless sent it broadcast to deceive the world, embitter public

372 HISTORY OF UTAH.

opinion and subserve private and political purposes against the
people of Utah.

The first man on record to advocate party divisions in this
Territory was Judge Perry E. Brocchus, who made that theme a
portion of his peculiar harangue at the Mormon conference at Salt
Lake City, in September, 1851. Of course he had a perfect right to
his views upon the subject, though a religious meeting, to which, by
courtesy of President Young, he had been invited to speak at his
own request upon an entirely different topic, was hardly the proper
place to express them. Little attention, however, was paid to that
part of his address; the insulting portion of it — a reflection on the
chastity of the Mormon women and the patriotism of the Mormon
men — causing his indignant hearers to temporarily forget all else
that he said. The chief objection of Judge Brocchus to the unity of
the Mormons — which he wrongly attributed to the personal influence
of Brigham Young — and to their voting solidly at elections, was
probably the fruit of the disappointment that he felt at not securing
that vote for himself as Delegate to Congress from the newly created
Territory. It is a singular fact that no man has ever objected to the
unity of the Mormon vote, if that vote were cast for him, or in the
interest of himself and his friends. It is the solid voting of Mor-
mons for Mormons that has constituted the main objection; that has
been deemed "un-American," "Asiatic," "despotic," and all that.
Still, Judge Brocchus should have all the credit for disinterestedness
that he deserves. He may have wanted to see, as other Federal
officials — whose sincerity we do not question — have since, party
divisions in Utah for other than personal reasons.

Many of his class, after that day, took up the same refrain, and
endeavored to convince the Mormon people that it was better to be
divided than united in political matters. But the latter were not
convinced by the logic of such an argument. They did not see how
they could be divided in politics and united in religion at the same
time, and deeming unity essential to their safety, feeling as they did
that the whole outside world was against them, and having nothing

HISTORY OF UTAH. 373

to quarrel over or be divided upon, as they saw eye to eye with each
other in most things and were beyond the pale of participation in
national politics, they were unable to appreciate the reasoning of
their would-be mentors. They therefore remained united, believing
that by unity alone could they prevail and succeed in "building up
the Kingdom of God." And here, in the eyes of many of the Gen-
tiles, was their chief crime. It was this "anomalous condition," this
"un-American state of things," this ambition of a united religious
community to found a spiritual empire within a temporal republic —
imperium in imperio — together with misrepresentations, prejudices
and personal disagreements, that caused the original dislikes and
alienations between Mormons and non-Mormons in Utah. Out of
such differences grew the conspiracy of Messrs. Drummond, McGraw
and others, resulting in the "Buchanan war" of 1857, which united
the Mormons more effectually than ever. Then came the great Civil
War, "the War for the Union," a war to prevent the nation from
dividing and separating, and the Saints thought they saw in this
a grand illustration and vindication of their position, expressed in
the legend: "United we stand, divided we fall."

It has been seen how General Connor, when he came to Utah —
General Connor, by the way, is styled "the father of the Liberal
Party," — sought to change the existing political condition ; not by
dividing the Mormons and arraying them against each other, which
he doubtless saw was next to impossible, but by inducing Gentile
immigration into the Territory, for the purpose of "overwhelming
the Mormons by mere force of numbers" and "wresting from the
Church — disloyal and traitorous to the core — the absolute and
tyrannical control of temporal and civil affairs." He also aimed, it
is believed, at the establishment of a military dictatorship, with
himself in supreme command, pending the proposed reconstruction
of Utah at the ballot box. That he was heartily in accord with
Governor Harding and Judges Waite and Drake in their efforts to
procure an act of Congress which would have accomplished about
the same result, has already been shown. But these plans all failed.

374 HISTORY OF UTAH.

General Connor and his coadjutors, however, succeeded in
dividing, more effectually than ever before, the, Utah Gentiles from
their Mormon neighbors, thus paving the way for the organized
division that followed. Hence his surname in later years: "The
father of the Liberal Party." Much of what was left undone in this
direction was accomplished by those lamentable tragedies, the
Brassfield and Robinson murders; particularly the latter, which the
Mormons regretted quite as much as the Gentiles, and certainly
suffered far more seriously from its effects. Then came the adoption
of President Young's commercial policy toward the anti-Mormon
merchants and business men — a policy deemed necessary as a
measure of self-defense — and the breach between the two classes of
the community was almost complete.

It is evident that Speaker Colfax and other influential men who
visited Utah prior to the advent of the railway, hoped much from the
mining movement begun by General Connor and his associates, as a
means of settling the Mormon question. This is apparent from
the tenor of their remarks at the time, as well as from the interest
manifested ' by them in the development of the ore-producing
industry. But it was soon found that the Utah mines could not be
worked to advantage without railways, and that instead of there
being a permanent increase in the Gentile population, as the result
of that movement, even the few miners who had come to the
Territory were leaving in despair after bankrupting themselves and
the capitalists who had furnished them with means to engage in the
unprofitable undertaking. Then it was that the railway — approach-
ing from two directions the Great Salt Lake — was regarded by the
Gentiles as the destined regenerator, and its advent awaited with
impatience by those who thought that Mormonism must surely
succumb before the inroads of the iron horse and all the influences
that followed in its train.

Some of the foes of the system, however, were not so sanguine
ot such a result, or else were unwilling that there should be a
peaceable settlement. To these may be attributed the anti-Mormon

HISTORY OF UTAH. 375

measures introduced into Congress shortly before and soon after the
completion of the Pacific Railway. Vice-President Colfax himself
seems to have been skeptical as to the power of the railway, unaided
by "the strong arm of the Government," to destroy Mormonism.
At any rate he was manifestly in favor of a speedier solution of the
problem than the one promised by the locomotive, and it is doubtful
that even the Godbeite Movement, notwithstanding the claim of its
representatives, caused him to change his mind much as to the
heroic treatment that he deemed necessary in the premises.

Coming now to active political effort on the part of the Gentiles
of Utah. It was early in 1867 that they placed their first candidate
for office in the field. The Liberal Party was not yet organized,
but the elements that were destined to compose it were almost ready
to blend. The candidate's name was William McGrorty, a local
merchant. He seems to have been one of those transients who from
time to time have drifted into the Territory and out again, only
tarrying as long as it was made worth their while to do so, by some
such scheme as that which he was induced to engage in. McGrorty
at first professed great friendship for the Mormons, attending their
meetings and fawning upon them, they claim, almost obsequiously.
But the leaders regarded him as a hypocrite, who was seeking to
attain some private end. Finally, on discovering that they had no
confidence in him, and that he would be unable to gain his point, he
straightway began to plot against them. The first part of his plan was
perfectly legitimate. It was to run for Congress, as Delegate from
this Territory, in opposition to Hon. William H. Hooper. Of course
he did not expect to carry the election. There was not the shadow
of a hope in that direction. But he knew that a few votes would be
cast for him, and he could then take his case to Washington and
there contest on various grounds the seating of the re-elected
delegate. Whether this was the pre-arranged program, or whether
the original purpose was merely the leading of a forlorn hope
against Mr. Hooper, with a view to forming the nucleus of an
opposition party, we are not aware. Anyhow a number of Gentiles

376 HISTORY OF UTAH.

entered into the scheme, and lent their assistance toward making it a
success. Among these was C. B. Waite, ex-Associate Justice of
Utah, who became McGrorty's attorney in the contest that followed,
and helped him to prepare the argument with which he went before
the Committee on Elections of the House of Representatives. The
"argument" consisted almost entirely of anti-Mormon tales, told
since the days of Far West and Nauvoo; accounts of alleged
atrocities by the Mormon Church, including, of course, the Mountain
Meadows massacre; extracts from old Tabernacle sermons, such as
agitated His Honor, Judge Anderson, in later years, but did not
affect in the same way the Minneapolis and Chicago conventions;
with affidavits of apostates and selections from their published
works.

The election occurred on the 7th of February. Mr. McGrorty
received a little over a hundred votes — many if not most of them
in the Rush Valley Mining District — while for Captain Hooper
upwards of fifteen thousand ballots were cast. Nevertheless
McGrorty went to Washington and contested Hooper's claim to a seat
in the House of Representatives. For some reason he allowed
almost a year to elapse after the election before he began his
contest. It was not until January 18th, 1868, that he filed with the
Committee on Elections, to whom the matter had been referred, his
printed brief, accompanied by a voluminous mass of documents in
support of the allegations therein contained. Besides the statements
already mentioned there were affidavits from one Smith and a
Mrs. Williamson to the effect that the Mormon people were required
by a rule of their Church to take an oath inconsistent with their
duties as loyal and law-abiding citizens of the United States, and
implying that Captain Hooper had himself taken such an oath.
There was also an allegation that in some of the voting precincts of
the Territory the election had been conducted irregularly ; and then
came McGrorty's own affidavit, giving as the reason for his delay in
beginning the contest, that he had been fearful of personal violence
from the hands of the Mormons.

HISTORY OF UTAH. 377

Captain Hooper in his reply held that McGrorty was "not
lawfully in court." He refused to recognize him as a legal con-
testant, since he had failed to comply with the law of Congress
regulating contested elections, which required notice of contest to be
filed within thirty days after the result of the election had been
officially ascertained, and he entirely ignored the sensational tales
that formed the principal portion of the complaint. The Captain
gave as his reason for not answering the allegations based upon the
extracts from early Mormon sermons, etc., that "to have entered into
a refutation of these calumnies, which can be done by the same
authorities from which contestant has selected his extracts, would
have been an acknowledgement of the right of contestant to have
had the committee act upon and decide this case upon the mere
ex parte statements of contestant, his counsel and his friends,
thereby disregarding every principle of law, as well as the rules and
statutes regulating the production of testimony." Mr. Hooper
denied taking any oath of the kind alleged by the affiants Smith and
Williamson, and denied also that the Mormon people were required
to take any such oath. He submitted affidavits from Colonel F. H.
Head, Superintendent of Indian Affairs; Hon. Amos Reed, late
Secretary and acting-Governor; Hon. Solomon P. McCurdy, Associate
Justice, and Hon. Frank Fuller, late acting-Governor of Utah, with
statements from forty-one other non-Mormon citizens, leading mer-
chants, bankers and business men of Salt Lake City, all refuting
McGrorty's assertion that had he begun his contest earlier he would
have been in danger of personal violence from the Mormons; and
stating that he could have done so with perfect safety at any time
after the election. They also declared that the fullest freedom and
expression of opinion was indulged in and tolerated in Utah; that
McGrorty himself, prior to leaving the Territory, had publicly
announced often and repeatedly on the streets of Salt Lake City
that he was contesting the seat of the sitting delegate; and that he
had not been molested in any manner on account of said announce-
ment. As to alleged irregularities in the election, Mr. Hooper

378 HISTORY OF UTAH.

answered: "Should the vote of the two whole counties in which
the precincts are located be rejected, the sitting Delegate still has
over twelve thousand majority, and McGrorty but sixty-four votes;
these being the only two counties in which ex parte statements have
been taken as to irregularities, and the evidence is not sufficient as
to these."

The Committee on Elections having rendered their report, the
House, late in July, 1868, unanimously adopted the same, refusing
to admit Mr. McGrorty to a seat in that body as a delegate from
Utah, and deciding that Hon. William H. Hooper had been elected to
the office and was rightfully entitled to the seat he was then occu-
pying.* And so ended the first attempt of the Utah anti-Mormons
to thwart the will of the majority of her citizens, as expressed at the
polls.f

* The Committee on Elections in this case, in answer to the question : " Has that
power [Mormonism] been hostile to the Government of the United States," replied : " It
is and has been hostile rather from the inherent spirit of its creation than from any design
on the part of the people." Stenhouse makes a similar statement in his " Rocky Moun-
tain Saints." According to him, it is only the creed of the Mormons that is disloyal, and
not the Mormons themselves. In the same sense Christianity is disloyal, or any other
religion that acknowledges God as the King of heaven and earth.

fMark Twain, in a letter to the San Francisco Alta some time after the close of the
Utah contest, dilated thus humorously upon McGrorty and his fortunes : " Where is
McGrorty ? But perhaps you don't know McGrorty. McGrorty was a great man once —
but that was some time ago. It was when he ran for delegate from Utah against Mr.
Hooper. Somebody told him to buy a barrel of whisky and run against Hooper — and
told him whisky was as good as talent, as long as he could get the one and hadn't the
other, and McGrorly did it. He ran against Hooper, he treated the Saints and the
Gentiles, he made the best fight he could — and didn't win. He came near it though.
He got 105 votes and Hooper himself only got 15,068. There was really only a
difference of 14,000 and some odd. A negro called "Cy" got the rest of the votes — six.
Hooper was declared elected and McGrorty was advised to contest the election — which he
did ; but he failed to give notice of his reasons within thirty days (as provided by a
Congressional law) and that made his contest null and void, properly. Still when a man
comes near being great — comes as near as McGrorty did — comes within fourteen or
fifteen thousand of it— it isn't in human nature to give it up. And so McGrorty infested
Washington all last winter trying to get his dispute before the House of Representatives,
but it wasn't any use. Congress was a conniver at all manner of inhumanity, and was
only glad of a chance to keep this light out now that it was put out. Congress said,

HISTORY OF UTAH. 379

From the first election in Utah until early in 1867, there had
always been an interregnum of several months when the Territory
was without a delegate to represent it in Congress. This interval
was from the 4th of March in the odd years, when each Congress
expires, until the first Monday in the succeeding August, when the
local election took place, so that in case of an extra session between
March and August of the odd years the Territory would have been
unrepresented. To obviate this deficiency a law, already referred to
in a previous chapter, was passed and approved January 10th, 1867,
enacting that the election of a delegate to represent the Territory
in the Fortieth Congress should be held on the first Monday in
February, 1867, and that the delegate for the Forty-first Congress
should be elected at the general election on the first Monday of
August, 1868, said general election to occur biennially thereafter,
the delegate thus being chosen several months in advance of the
expiration of his predecessor's term. At the February election,
1867, as before stated, Hon. William H. Hooper was again chosen —
over Mr. McGrorty — to represent the Territory at Washington. He

send along the negro — let ' Cy' have a show — out with the Milesian Gentile! This after
he had got his speech all ready for the floor of the House! It was particularly mean of
Congress to do such a thing at i>uch a time, because the speech had to be inflicted on
somebody, and so McG. went around Washington all last winter reading it to every-
body he could catch in a close place. People were driven crazy by it — people shot each
other on account of it — thousands and thousands of suicides resulted from it. McGrorty
ended by going crazy himself, I heard, though many said he was crazy enough in the
first place to make a good member of Congress. But they didn't take him in. That is
what I am quarreling about. They left his light to shine under a bushel — never saw a
bushel in such a shape that a light could shine under it, but suppose it possible,
nevertheless — they left his light to shine that way, merely because he didn't have 15,000
votes instead of Hooper. That sort of mean partiality is a thing I despise. And so
McGrorty was lost to the nation. What makes me enquire about him now, however, is
that rumor has reached me from a friend in Washington that Mr. McGrorty is going to
run on the Democratic ticket for Congress in California, and I thought that if I could help
him to a vote or two, in memory of that speech of his, it would be as little as one of the
few survivors of it could do. I feel grateful, and so long as he is running for anything
anywhere, I am ready to help him along, and whenever he has got a fresh speech, and
is reading it, I will wade right through the midst of his dead and dying to hear it. Count
on me, McGrorty."

380 HISTORY OF UTAH.

was also elected to the Forty-first Congress, in August, 1868, this
time without opposition.

But it was now the beginning of the year 1870; the Godbeite
Movement had taken place; the Mormon Church, though in reality
never stronger, was supposed by many to be tottering to its fall, and
the political coalition between the dissenting faction and the Gentiles,
was just about to form.

In January of this year the Godbeites established at Salt Lake
City a weekly paper called The Mormon Tribune. It was designed as
the organ of the " New Movement," and indeed was no more nor less
than the Utah Magazine transformed. Its publishers were William
S. Godbe and Elias L. T. Harrison; the latter and Edward W.
Tullidge being the editors. Eli B. Kelsey was business manager of
the concern, but he soon retired to devote himself to mining matters,
and was succeeded by William H. Shearman. Mr. Tullidge, after a
few months, also parted company with the Tribune.

So long as the gentlemen named had control of the journal, it
was high-toned and conservative, though not lacking in vigor, and
expressing itself in plain terms regarding the acts and utterances of
the Church which had excommunicated its editors and their associ-
ates. Its policy then was to persuade, to reason with and convince
by argument those who differed from it, and to treat with due respect
those whom it did not succeed in converting; giving them the same
credit for~sincerity as it claimed for itself and its supporters. But
when it passed, as it soon did, from their hands to those of their
political allies, the anti-Mormons, and the latter had resolved upon
their "war to the knife" policy against Mormonism and its adherents,
the Tribune became a bitter and most abusive sheet. Its only prin-
ciple, apparently, was hatred of everything Mormon, in pursuance of
which it spared neither age, sex nor condition ; emptying the vials of
its venom upon all who dared to differ from it, misrepresenting their
motives, assailing their characters, and libeling and lampooning both
the living and the dead. Its columns were not only filled habitually
with falsehood, but often with vulgar and obscene scandals. Many

HISTORY OF UTAH. 381

who helped to sustain the paper, either from sympathy with its
assaults upon Mormonism, or from fear of being abused by it and
called "Jack-Mormons" if they withheld their support, were careful
to have it delivered at their down-town offices, and would not have it
in their homes for their wives and daughters to read, so filthy at
times were its contents. The Nauvoo Expositor was holy writ com-
pared with the Salt Lake Tribune. It was so styled after it ceased to
represent the "New Movement," which soon perished, and became
sheerly an anti-Mormon sheet. It was ably edited from the first and
being, as before stated, widely read, did much to injure Utah and her
people abroad. Its publishers took pains to send it for free distri-
bution wherever Mormon missionaries were laboring, and one of its
issues, containing a foul and shameful libel upon the Mormon people,
is believed to have caused the brutal massacre of two Elders from
Utah by an infuriate mob in the backwoods of Tennessee.* The
Tribune attained to much potency, and among anti-Mormons in general
great popularity, during the editorship of Mr. Fred. Lockley, an able
journalist from Kansas, who, with Messrs Prescott and Hamilton, two
other experienced newspaper men, also from that State, took charge
of its publication early in the seventies. Brilliantly edited, pros-
perously conducted, and having the enthusiastic support of the
Gentiles, particularly at Salt Lake City and in the various mining
camps, as well as in other States and Territories, it was probably

* We refer to the notorious " Red-Hot Address," a pretended stenographic report of
remarks alleged to have been made by " Bishop West," at Juab, Utah, on March 9th,
1884, " reported by Tobias Tobey for the Salt Lake Tribune." In the address
" Bishop West " was represented as counseling his congregation to assassinate Governor
Eli H. Murray, the Gentile Executive of Utah, and wage an exterminating warfare upon
non-Mormons generally. The whole thing was a sensational slander manufactured for
effect. Not only was there no "Bishop West," in the Mormon Church at that time, but it
was conclusively shown that no meeting was held at Juab on the date given — the
Sabbath — as a washout had occurred at or near the settlement and all hands were busy
controlling the angry waters. The Tribune, being cornered, claimed to have been
imposed upon by its correspondent, the mythical " Tobias Tobey," but the " Bishop
West " libel was only one of many such published by that paper to subserve the anti-
Mormon cause.

382 HISTORY OF UTAH.

never more abusive or worse in its morals than then. This was
more noticeable in the local than in the editorial columns; for
Lockley, it is said, was designed by nature for a gentleman, but he
fostered under him a set of writers — some of them apostate Mor-
mons— whose virulent and ofttimes brutal effusions almost warranted
the charge made against the paper at this period that "Kansas border
ruffians" were its editors. Bright and newsy as were its pages,
much of it was that sort of "news" that no decent journal ever
publishes, and which none but vulgar and vicious minds care to
peruse ; being chiefly composed of salacious gossip and slanderous
abuse of men and women in public and private life. Everything
that the Mormons held sacred was derided, burlesqued and
defamed. Their Sabbath services were misrepresented and repro-
duced in travesty; the rites of their Temples — as sacred to them as
the mystical ordinances of Free Masonry to its votaries — revealed by
apostates, were regularly ridiculed and blasphemed ; while the utter-
ances of their preachers were twisted and distorted out of their
real meaning and made to imply treason, rebellion, or whatever
the Tribune desired. The Mormon women, among the most virtuous
and modest of their sex, were commonly classed with prostitutes,
and referred to as mistresses, procuresses, "old hens," "conks," or
concubines; and for the Mormon men, especially those having
more than one wife — from "thick-necked polyg" to "mid-night
assassin," no epithet was too vile in the eyes of the Salt Lake
Tribune. When expostulated with upon their course and asked
why they were not more decent and gentlemanly in their opposi-
tion, the editors were wont to reply that decent language would
not do justice to the subject they assailed, and that it would be time
enough to be gentlemen when Mormonism was put down and the
war they were waging was over. This caused a writer in the
Salt Lake Herald — the Tribunes main opponent at that period ; the
Deseret News utterly ignoring its existence — to impale it in this
manner, in the closing lines of a satirical poem on the Tribune and
its scribes:

HISTORY OF UTAH. 383

This is the press gang, rogue type, liar's file,
Who say, "We will be gentlemen after awhile."
And, after all, the sequel may be so, —
Old Nick is called " the gentleman below ; "
And if he ever comes to claim his own,
The Tribune outfit will "vamoose the town,"
To join this "gentleman," in force to swell
The long-tailed aristocracy of h — 11.

A great change, and one decidedly for the better, came over the
Tribune when Mr. Lockley and his associates severed their connection
with it. This, however, was partly due to the fact that the more
respectable portion of its readers had grown weary of its ceaseless
anti-Mormon tirades, and the better element among the Gentiles
desired a change. Today, though fighting Mormonism as fiercely
and sometimes as unfairly as ever, the Tribune is much more con-
servative than it once was, and does not admit into its columns the
filthy scandals that disgraced it formerly. Much of this gratifying
reform is probably due to the presence on its staff of Judge C. C.
Goodwin, the editor-in-chief, a brilliant journalist, and one of
national repute. He is a native of the State of New York, but came
to Utah from Nevada in 1880. The Tribune is a very influential
journal, and unquestionably a bright and breezy newspaper. It has
been from the first the organ of the Liberal Party, and is a
leading authority on mining matters throughout the interior West.

Of its equally able and always reputable opponent, the Salt Lake
Herald, surnamed the "Giant of the Rockies," and today the leading
Democratic paper of the inter-mountain region, we shall only say
here that it was founded in June, 1870, by Edward L. Sloan and
William C. Dunbar; the former— a genius among journalists— being
its editor, and the latter, also a genius in his special line — theatrical
comedy — the business manager. The Herald took the place of the
Daily Telegraph— Mr. Stenhouse's paper— the publication of which
had been suspended. The latter, just before the completion of
the Pacific Railway, had removed to Ogden, but after a brief career
in the Junction City returned to Salt Lake. Mr. Stenhouse then

384 HISTORY OF UTAH.

retired from its editorial management and proprietorship, and being
purchased by Dr. Fuller, of Chicago, the Telegraph during its last
days was edited by E. L. Sloan, subsequently the founder of the
Herald. The present editor of this paper, who has been connected
with it almost from the beginning, is Byron Groo, Esq. He wields a
trenchant pen, is fearless in spirit, a staunch Democrat, a genial
gentleman, and a man of recognized ability and good judgment. Of
this able and powerful journal, the Salt Lake Herald, and of Utah's
newspapers in general, more anon.

The Liberal Party came into existence early in February, 1870,
just prior to the regular biennial election of the Salt Lake City gov-
ernment. The first formal step toward its organization was taken on
the 9th of that month, at a meeting of non-Mormons — Gentiles and
Godbeites — held in the Masonic Hall, East Temple Street. Eli B.
Kelsey was chosen chairman, and speeches were made and plans
formulated for the municipal election, it being the purpose of the
Liberals — though that name had not yet been adopted by them — to
put an independent ticket in the field in opposition to the People's
Ticket. A central committee was appointed to serve for one year.
Its members were J, M. Orr, J. R. Walker, Joseph Salisbury, T. D.
Brown, James Brooks, Samuel Kahn and R. H. Robertson. A ticket
for city officers was nominated by acclamation. It was as follows :
Mayor, Henry W. Lawrence; Aldermen, First Municipal Ward,
Samuel Kahn; Second, Joseph R.Walker; Third, Orson Pratt, Jr.;
Fourth, Edwin D. Woolley; Fifth, James Gordon. Councillors, Nat.
Stein, Anthony Godbe, John Cunnington, John Lowe, Marsena
Cannon, Fred T. Perris, Dr. W. F. Anderson, William Sloan and
Peter Rensheimer. Recorder, William P. Appleby ; Treasurer, B. G.
Raybould; Marshal, Ed. Futterfield. Some of these nominees were
Mormons, "firm in the faith," the presence of whose names on the
"Independent Ticket" is explained by the fact that it was the hope
of the managers of the new party to draw by this means many votes
from the ranks of the opposition. The personal popularity of Henry
W. Lawrence, the candidate for Mayor, who, before his apostasy, had

HISTORY OF UTAH. 385

been held in high esteem by the leaders and members of the
Mormon Church, was also relied upon to do much in the same direc-
tion. These matters being arranged, the meeting adjourned till the
following night, when it was to reconvene en masse at Walker
Brothers' " old store " — in which building the Godbeites had of late
been holding their meetings — for the purpose of ratifying the nomi-
nations. In order to draw as large a crowd as possible to witness
the launching of the new political vessel, the Independents placarded
the town, notifying the general public of the mass meeting and its
purpose. " COME ONE, COME ALL " was the caption of the placard,
inviting "the people of Salt Lake City" to "attend.

"The people" mischievously took them at their word, and
thronging the hall at an early hour, took full possession of the

meeting, practically deposing Chairman Kelsey, who claimed the right
to preside by virtue of his election on the previous evening. They
voted in their own chairman — Colonel J. C. Little — arid Secretary —
E. L. Sloan — and proceeded to put in nomination the following ticket
for city officers: Mayor, Daniel H. Wells; Aldermen — First Municipal
Ward, Isaac Groo ; Second, Samuel W.Richards; Third, Alonzo H.
Raleigh; Fourth, Jeter Clinton; Fifth, Alexander C. Pyper. Coun-
cilors— Robert T. Burton, Theodore McKean, Thomas Jenkins,
Heber P. Kimball, Henry Grow, John Clark, Thomas McLellan, John
R. Winder and Lewis S. Hills. Recorder, Robert Campbell;
Treasurer, Paul A. Schettler; Marshal, John D. T. McAllister.
Having dispatched this business, the meeting adjourned.

The coup d'etat of the People's Party, in accepting an invitation
addressed to "the people," and capturing by superior numbers the
mass meeting of the Independents, was regarded by the latter as "a
gross outrage," and of course as one directed by "the Church
officials," who were made to bear the blame of all such things in the
early times of the Territory. And yet no outrage had been
intended, nor was there the least design to intimidate the new party,
as some might suppose, with a view to preventing them from voting
their ticket on election day. It was simply a practical joke, conceived

26-VOL. 2.

386 HISTORY OF UTAH.

and carried out in the spirit of merriment — suppressed it may be,
but none the less real — and though undoubtedly discourteous, as
most practical jokes are, was the offspring of mischievous mirth
rather than ill-natured animus. Had it been otherwise, and had not
the Independents themselves invited it by the peculiar wording of
their placard, it would have been what they indignantly styled it, an
" outrage," and of course utterly inexcusable. The chief regret over
its occurrence on the part of the Mormons, if there was any regret,
was owing to the use made of it by their political opponents to give
color to the charge of intolerance so freely made against "the
Church officials." However the affair soon "blew over," and
though some bitterness was at first expressed, the contagious humor
of the incident finally prevailed and good nature ruled generally on
both sides at the election.

This occurred on Monday, the 14th of February. The total
vote polled was two thousand three hundred and one, of which
number the Independent Ticket drew about three hundred ; all the
rest being cast for the People's Party candidates, who were conse-
quently elected. Though congratulating themselves on the result,
the Independents did not fail to charge "many irregularities,7' and
claimed that they had been unfairly treated. It is true that on
Sunday, February 13th, just one day before the election, Mayor
Wells had received a note from Chairman Orr, requesting that one
of the judges and one of the clerks of election be chosen from the
ranks of the new party — John M. Worley and William P. Appleby
being named by him for those positions — and that in answer thereto,
the Mayor had written the following letter:

MAYOR'S OFFICE, SALT LAKE CITY, Feb. 13th. 1870.
J. M. Orr, Esq., Chair. Cen. Com.,

SIR: — Your note dated 12th inst., asking for a change to be made in the board of
judges and clerks of election is just received, and I hasten to answer.

Col. Jesse C. Little, Seymour B. Young and John Needham, Esqs., have been
chosen judges, and F. A Mitchell and R. V. Morris, Esqs., clerks of said election.

These gentlemen were selected and appointed to act as said judges and clerks by
the city council on Tuesday, 1st inst., and, I am sanguine, command the confidence of the

HISTORY OF UTAH. 387

entire people, and will doubtless act justly and wisely in the performance of the duties
thus devolved upon them.

Rest assured that every protection will be afforded for voters to vote their respective
tickets without partiality or hindrance.

If, as is sometimes the case, during the day, the polls should be crowded, I would
recommend the voters to be patient, for all will have the opportunity afforded to them to
vote during the day. And it is designed to enforce the strictest order.

Respectfully,

D. H. WELLS, Mayor.

That the denial of Mr. Orr's request was due to a purpose on
the part of Mayor Wells and his associates to treat the Independents
unfairly, no one who knew those gentlemen will believe. There was
no temptation, even had there been any inclination to do so; the
People's voters being so overwhelmingly in the majority. While it
would have been good policy to have granted the request of the
Independents, — thus taking from their hands a weapon which they
afterwards used, — the reason it was not done was because the time
was deemed too short and the matter too trifling, and not because of
any desire or design to be unfair and reduce by fraudulent means
their already insignificant minority.

The sub-committee of challengers appointed by the Independent
Central Committee, reported to that body, after the election, that
"many voted who were not citizens of the United States; many who
were not citizens of Salt Lake City ; many who were not of lawful
age ; and the ballot boxes when filled were set aside and not properly
sealed or guarded." The central committee added: "It is needless
to recapitulate the numerous obstacles thrown in the way of those
desirous of voting the Independent ticket, or the annoyances to
which our challengers were subjected. Suffice it to say that without
these, and the existing law of the Territory compelling the number-
ing and identifying of each vote, a system practically robbing every
citizen of his freedom of ballot, the result would have been far
different. * We regard our commencement in the

great work of vindicating the rights of free speech, free thought and
a free press in this Territory a promising one. To sum up the
reward of five days' work. After twenty* years of self-constituted

388 HISTORY OF UTAH.

city government, to which we have paid thousandsjn taxation,
without an exhibit of receipts or expenses, and for that time not
daring to express a sentiment in opposition to those held by the
dominant party, we have in the election on Monday last demon-
strated to the country the existence of American institutions in this
Territory, and believe that the seed sown on that day will bear such
fruits that before many months the State of Utah, freed from all
relics of past tyranny and oppression, will be found marching with
the great sisterhood of States, keeping step with the progress of the
Union." Such was the substance of the report of the Central
Committee of the Independent Party, published in the eighth
number of the weekly Tribune, the party organ, on the Saturday
following the election.

The Deseret News gave only a brief notice of the election and its
result. It stated that all voters cast their ballots as they desired,
and that the conduct of the election was such as to satisfy every-
body, " unless there were some desirous of a row."

Thus arose the Liberal Party of Utah; though it was not
known by that name until several months later, when in July a
convention of the party assembled at Corinne, Box Elder County,
and placed in nomination General George R. Maxwell as a candidate
for Delegate to Congress, to be voted for at the ensuing August
election. The call for that convention, issued by the Central
Committee of the party, was as follows :

CONVENTION.

The citizens of Utah residing within the several counties of said Territory, who are
opposed to despotism and tyranny in Utah, and who are in favor of freedom, liberty,
progress, and of advancing the material interests of said Territory, and of separating
church from State, are requested to send delegates to meet in convention at Gorinne,
Utah, on Saturday, July 16th, 1870, at 10 a. m. of said day, to put in nomination a
candidate for delegate to Congress, to be voted for at the Territorial election to be held on
the first Monday in August next.

By order of the committee.

J. M. ORR, Chairman,

S. KAHN, Secretary.
SALT LAKE CITY, June 24th, 1870.

HISTORY OF UTAH. 389

Corinne, it will be remembered, was the railroad town referred
to in a former chapter, situated on the line of the Central Pacific, on
Bear River, a few miles above the point where that stream empties
into the Lake. It was then the principal Gentile town of Utah,
and was thought to have a great future before it.* There, at the
time appointed, the convention assembled and chose General P. E.
Connor as temporary chairman; Major C. H. Hempstead offering
the motion upon which he was elected. A permanent organi-
zation was soon effected, and after the passing of resolutions
and the transaction of other business, the convention proceeded
to nominate a candidate for Delegate to Congress. It was General
Connor who nominated General Maxwell for that office, and the
nomination was made unanimous by acclamation, with three
cheers. Before the convention adjourned a motion by E. P.
Johnson prevailed naming the organization the "Liberal Political
Party of Utah."

The Liberals opened their campaign at Salt Lake City on the
19th of July. Three days before, at a mass meeting held in the
Tabernacle, the People's Party had nominated as their candidate for
Delegate, Hon. William H. Hooper. The election fell upon the 1st
of August. Over twenty thousand votes were cast for the People's
candidate, and a little over a thousand for the Liberal nominee.
More than eight hundred of the latter were polled at Corinne, while
Salt Lake City gave less than two hundred votes to General
Maxwell. He resolved, however, to contest the seat — which was a
part of the pre-arranged plan — and did so, basing his contest, as
Mr. McGrorty had done, on the ground of his opponent's alleged
disloyalty. Captain Hooper, however, though put to the trouble
and expense of refuting Maxwell's anti-Mormon stories, — a pro-
ceeding to which he would not condescend in the case of McGrorty,

* Bear River City, in eastern Utah, founded about a year before Gorinne, was
burned down during a riot in November, 1868. The trouble was between some turbu-
lent railroad graders and the citizens, and arose over the hanging of three men on
November llth.

390 HISTORY OF UTAH.

owing to that worthy's failure to begin his contest within the

legal limit, — again came off victorious and took his seat in the

House of Representatives as the duly elected Delegate from the
Territory of Utah. •

HISTORY OF UTAH. 391

CHAPTER XVI.

1869-70.

THE CRAGIN AND CULLOM BILLS HOW UTAH VIEWED THE SCHEME FOR HER ENSLAVEMENT

THE MORMON WOMEN PROTEST EN MASSE — THE WOMAN SUFFRAGE ACT THE FIRST LADY

IN UTAH TO EXERCISE THE ELECTIVE FRANCHISE PRESS OPINIONS ON THE CULLOM BILL

AND ITS PROMOTERS DR. TAGGART AND THE "ASSASSINATION " CANARD HON. THOMAS

FITCH ATTACKS THE CULLOM BILL IN CONGRESS DELEGATE HOOPER'S PLEA FOR RELIGIOUS

LIBERTY THE BILL PASSES THE HOUSE MORE MASS MEETINGS IN UTAH — THE MORMON

REMONSTRANCE THE GODBEITES AND CONSERVATIVE GENTILES MOVE FOR THE MODIFICATION

OF THE MEASURE MR. GODBfi's MISSION TO THE NATIONAL CAPITAL THE CULLOM BILL

DIES IN THE SENATE.

.T.T WAS during the winter of 1869-70 that the measures known as
«!• the Cragin and Cullom bills were introduced into Congress.

Roth these bills, which, though they never became law, created
almost as much agitation in Utah as if they had been enacted by
Congress and approved by the President, are believed to have been
framed at Salt Lake City, whence they were sent to Washington and
there fathered by the distinguished gentlemen whose names they
took and who proposed to engineer them through the national
legislature. This was the beginning of a long series of such con-
spiracies by cabals of local anti-Mormons — Federal officials and
others — with politicians at the nation's capital, to secure special
Congressional legislation against the! Mormon people. Here, indeed,
was the virtual origin of the Utah "ring" — child and successor of
the Connor-Harding "regenerating" combination — which obtained
within the next ten years so much notoriety. The so-called "ring"
was the head and front of the Gentile wing of the Liberal Party.

The sponsor of the Cragin bill was Senator Aaron H. Cragin of
New Hampshire. He introduced his measure in the Senate early in
December, 1869, but this, it seems, was its second presentation, it

392 HISTORY OF UTAH.

having been before Congress during the previous winter. It was a bill
of forty-one sections, several more than were comprised in the Wade
bill, which it resembled, though differing from it in some respects,
and being deemed by the Mormons even more odious and detestable.
Said the Deseret News of Senator Gragin's literary protege: "With
the exception that it does not inflict the death penalty, no edict more
thoroughly hateful and oppressive was ever concocted against the
Hebrew children by Nebuchadnezzar, or the followers of Jesus by
Nero."

Section ten of the bill gave the Governor the sole right to select,
appoint and commission all officers of the Territory, excepting con-
stables, elected or appointed under the Territorial laws.

Section twenty-one abolished trial by jury in a certain class of
cases, in that it provided that all criminal cases arising under the
anti-polygamy act of 1862, "as well as all criminal cases arising
under this act" — and it was made criminal for a Mormon to sol-
emnize marriages, to counsel or advise the practice of plural mar-
riage, or to be present at "the ceremony of sealing" — should be
heard, tried and determined by the district courts without a jury.

Section twenty-seven virtually made the Governor of the Terri-
tory the Trustee-in-Trust of the Mormon Church ; at least it required
the Trustee-in-Trust to report to the Governor annually the amount,
description and location of all properties and monies belonging to
the Church.

Section thirty-six provided that the United States District
Attorney and Marshal should attend to all Territorial business in
the district courts, in lieu of the Territorial Attorney and Marshal —
which offices were abolished — and be paid for such services out of
the Territorial treasury.

Section thirty-seven provided that for the purpose of holding
district courts the United States- Marshal might take possession of
any court house, council house, town house or other public building
in Utah and furnish the same in a suitable manner for holding court,
at the expense of the Territory.

HISTORY OF UTAH. 393

Section forty took away the functions of the Legislature in
relation to the jails and prisons of the Territory and bestowed them
upon the Governor, who was empowered to make rules and regula-
tions for said prisons, and appoint and remove at pleasure the
wardens and other officers thereof.

Section forty-one repealed all acts or parts of acts of the United
States or of Utah Territory inconsistent with this act, and made it
unlawful and a misdemeanor for the Legislature of the State of
Deseret to assemble, or for an election to be held for any member of
said legislature or any officer under said State government.

There were many other objectionable features to the bill, but
these were the most formidable. The measure in toto was summar-
ized by the News as follows: "No American citizen who is a Mormon
has any rights — he is not. a free man but a slave, to be tried, con-
victed, fined, imprisoned, at the will of his masters — to be made to
pay taxes, but to have those funds spent by his masters in perse-
cuting and torturing him, and enriching them for the service — to
wear the form of man, but to have none of the privileges of man-
hood— to have no right to believe the Bible, practice its precepts,
follow its examples, or to worship its God."*

"In reading this bill," said Editor Cannon, "indignation over-

* A local satirist suggested the adding to the Gragin bill of the following sections:

SEC. 32. And be it further enacted that the book called the Holy Bible, or so much
thereof as pertains to plural marriage or provides for the legal inheritance of property by
the children of such plural marriage, is hereby annulled, disapproved and repealed, and
declared null and void.

SEC. 33. And be it further enacted, that every person before holding any office, vot-
ing at any election, sitting as a juror or holding any position of honor, profit or trust under
the government of the United States, shall take and subscribe a solemn oath, under the
pains and penalties of perjury, that he does disbelieve and always will disbelieve the
Holy Bible, so far as it pertains in any way to plural marriage, and that he detests Moses,
Jacob, Abraham, the father of the faithful, Gideon and all the prophets who taught and
practiced plurality of wives, together with the Savior, St. Paul and the other Apostles who
set forth these men as examples of faith, purity and virtue.

SEC. 34. And be it further enacted, that the names of the twelve tribes of Israel,
being children of polygamists, be expunged from the gates of the city of the New
Jerusalem.

394 HISTORY OF UTAH.

masters every other feeling. We examine our skins, they are white.
We look at the people around us, their lineaments proclaim their
Anglo-Saxon descent. We listen to their speech — it is the language
of freedom, the language in which Shakespeare, Milton and Thomas
Jefferson wrote — the language in which Patrick Henry, Adams, Lee
and a host of other patriots clothed their immortal ideas. We look
at our mountains, though their summits are covered with eternal
snow, they are not Siberia. The valleys they encircle are the abodes
of a free people — American citizens, many of whose fathers fought
and died for liberty, and taught their sons its accents — not serfs
whose lives and fortunes are at the disposal of an autocrat. Our
color, our lineage, our language, our heaven-born and bequeathed
rights, our grand mountains and noble valleys are so many certifi-
cates of freedom. And we are FREE. We have consecrated this land
to liberty. She has no more fitting or glorious abode, no more
willing or devoted adherents. Were our color darker — were we lazy,
profligate, vicious and abandoned, we would have rights which
Senator Cragin might feel it politic to respect. But we are none of
these. We are the gentleman's equals— his peers, in birth, breeding,
education, and every quality of manhood, aye, shall we not say his
superiors in our conception of the rights of American citizenship?"
From the tenor of the bill, which, as said, is believed to have
originated in Utah, it is evident that there were some Gentiles here,
as well as at the seat of Government, who, like the Saints them-
selves, did not believe, with Editor Bowles, that the moral force of
the telegraph and the locomotive would prove sufficient to overthrow
Mormonism ; and who had therefore taken steps to provide other
agencies for its destruction. It was believed by the Mormons, what-
ever the Gentiles claimed as their motive, that the object of the
Cragin and Cullom bills was to compel them to renounce their
religion, or else abandon the country which they had redeemed and
rendered fruitful and beautiful. Of the latter measure the News
said: "Those who framed it, and those who desire its passage, know
the people too well for whom it is intended to think they would

HISTORY OF UTAH. 395

tamely submit to the oppressive and repulsive slavery which it con-
templates. The slavery from which the blacks of the South have
been emancipated would be delightful compared with the crushing
bondage which this bill would bring were its provisions enforced.
No men of Anglo-Saxon race could endure such grinding tyranny,
and least of all men who inhabit a country like this, and who have
endured so much in the past for freedom."

The Cullom bill took its name from General Shelby M. Cullom,
of Illinois, now Senator from that State, but then a member of the
House of Representatives and Chairman of its Committee on Terri-
tories. The bill was presented in the House a few days after the
second introduction of the Cragin bill in the Senate, and so com-
pletely did it answer the purpose of that measure, out-Heroding
Herod, as it were, with its sweeping anti-Mormon provisions, that
even the Senator from New Hampshire, losing interest in his own
protege, adopted in its stead the bill presented by General Cullom, —
so far at least as to introduce it in the Senate after it had passed the
House.*

Some time before the latter event, here in Utah was enacted a
scene upon which Gentile civilization gazed with wide-eyed wonder;
a mass meeting of Mormon women assembling in the Tabernacle at
Salt Lake City and protesting against the passage of the Cullom bill.
Three thousand of the so-called "down-trodden women of Mormon-
dom," alleged slaves and playthings of a "polygamic hierarchy,"
eloquently and earnestly declaiming and resolving against the
striking off of those fetters with which Christian statesmen,
orators and editors insisted that they were bound. A sight beyond
compare; a spectacle to astonish Christendom and to awaken the
wonder of the world. True, the anti-Mormon, who, like the
incorrigible Rourbon, "never learns and never forgets" — never
learns anything good, nor forgets anything bad of his Mormon
brother — was here to sneeringly assert that these women, in thus

* Another anti-polygamy bill was introduced into the Senate by Mr. Cragin on
December 4th, 1871. Like its predecessors, it failed of passage.

396 HISTORY OF UTAH.

declaiming and resolving, were but meekly carrying out the behests
of their masters ; that they were still acting as slaves under the iron
hand and heel of an authority which they dared not disobey; that
the whole movement was a mere farce, a political coup de main of the
great "master of slaves" — Brigham Young — to influence Congress,
deceive the country, and secure the defeat of the hostile measure
then pending in the House of Representatives. Rut such a plea
was most disingenuous. That Brigham Young and the Mormon
men generally were in full sympathy with this mass meeting of
Mormon women, is beyond question; but that the "Sisters" were
coerced or intimidated into holding it, or in expressing thereat senti-
ments not entirely their own, as much so as those entertained by
their husbands, fathers, brothers and sons, is utterly untrue. Of
this fact the anti-Mormons, with very few exceptions, and they
perchance late arrivals in Utah, who had not had time to study the
Mormon question in all its phases, were perfectly well aware.
Strange as it may seem, the Mormon women, quite as much as the
Mormon men, have upheld plurality of wives as a divine principle
and conscientiously insisted upon the right of their husbands and
fathers to practice it.

But to the mass meeting and its proceedings. It occurred on
the 13th of January, 1870, soon after the introduction of the Cullom
bill into Congress. The weather was inclement, but the Old Taber-
nacle, where the gathering was held, and which would comfortably
seat about three thousand persons, was densely packed with ladies of
all ages. Men were not invited, but a few of them gained admission
into the building; among them Colonel Finlay Anderson, special
correspondent of the New York Herald. Mrs. Zina D. H. Young
offered an impressive prayer, and on motion of Eliza R. Snow, the
leading Mormon woman of that period, Sarah M. Kimball was chosen
to preside over the assembly. This lady was president of the Relief
Society of the Fifteenth Ward of Salt Lake City, at a mass meeting
of which, held a week before, resolutions had been passed against
the Cullom bill, after which it had been suggested by Sister Snow,

HISTORY OF UTAH. 397

who was present, that general mass meetings be held for the same
purpose by the women's societies all over the Territory. Mrs. Lydia
Alder was chosen secretary, and the following named ladies were
appointed a committee to draft resolutions: Margaret T. Smoot,
Marinda N. Hyde, M. Isabella Home, Mary Leaver, Priscilla Staines
and Rachel Grant, presidents respectively of the Twentieth, Seven-
teenth, Fourteenth, Eighth, Twelfth and Thirteenth Ward Relief
Societies.

MRS. KIMBALL stated that the object of the meeting was to
consider the justice of a bill now before the Congress of the United
States. "We are not here," said she, "to advocate woman's rights,
but man's rights. The bill in question would not only deprive our
fathers, husbands and brothers of the privileges bequeathed to
citizens of the United States, but it would also deprive us, as
women, of the privilege of selecting our husbands, and against this
we unqualifiedly protest."

Before and after the report of the committee on resolutions,
speeches were made by Mrs. Bathsheba W. Smith, Mrs. Levi Riter,
Mrs. Amanda Smith, Mrs. Wilmarth East, Mrs. Kimball, Mrs.
McMinn, Eliza R. Snow, Harriet Cook Young, Hannah T. King, Phoebe
Woodruff, M. I. Home and Eleanor M. Pratt. A few of the
sentiments uttered by these ladies were as follows: —

BATHSHEBA W. SMITH: "I cannot but express my surprise,
mingled with regret and indignation, at the recent proceedings of
ignorant, bigoted and unfeeling men, headed by the Vice-President,
to aid intolerant sectarians and reckless speculators, who seek for
prohibition and plunder, and who feel willing to rob the inhabitants
of these valleys of their hard-earned possessions, and what is dearer,
the constitutional boon of religious liberty."

MRS. RITER: "We have not met here, my beloved sisters, as
women of other States and Territories meet, to complain of the
wrongs and abuses inflicted upon us by our husbands, fathers and
sons; but we are happy and proud to state that we have no such
afflictions and abuses to complain of. Neither do we ask for the

398 HISTORY OF UTAH.

right of franchise; nor do we ask for more law, more liberty, or more
rights and freedom from our husbands and brothers, for there is no
spot on this wide earth where kindness and affection are more
bestowed upon woman and her rights so sacredly defended as in
Utah."

WILMARTH EAST: "The constitution for which our forefathers
fought and bled and died bequeathes to us the right of relfgious
liberty, — the right to worship God according to the dictates of our
own consciences ! Does the Cullom bill give us this right ? Compare
it with the Constitution, if you please, and see what a disgrace has
come upon this once happy republican government !
What is life to me if I see the galling yoke of oppression placed upon
the necks of my husband, sons and brothers, as Mr. Cullom would
have it."

MRS. AMANDA SMITH related the terrible tragedy at Haun's Mill,
Missouri, where her husband and one of her sons were brutally
murdered by an anti-Mormon mob, and another son all but mortally
wounded, and said : " We are here today to say if such scenes shall
be again enacted in our midst?"

MRS. KIMBALL prayed that the spirit of this meeting might be
felt in the Congress of the United States, and that any measures
calculated to bring evil upon this community might be thwarted, and
that Congress would be made to see the injustice of such measures
as those contemplated by the Cullom bill.

MRS. McMiNN could not refrain from expressing her indignation
at the bill. She was an American citizen. Her father had fought
under General Washington, and she claimed the exercise of the
liberty for which he fought. This lady was nearly eighty-five years
of age.

ELIZA R. Sxow: "Shall we — ought we to be silent, when every
right of citizenship, every vestige of civil and religious liberty is at
stake? Are not our interests one with our brethren? Ladies, this
subject as deeply interests us as them. In the Kingdom of God
woman has no interest separate from those of man — all are mutual.

HISTORY OF UTAH. 399

Our enemies pretend that in Utah woman is held in a state of vas-
salage— that she does not act from choice, but by coercion — that we
would even prefer life elsewhere, were it possible for us to make our
escape. What nonsense ! We all know that if we wished we could
leave at any time, either to go singly or to rise en masse, and there is
no power here that could or would wish to prevent us. I will ask
this intelligent assemblage of ladies : Do you know of any place on
the face of the earth where woman has more liberty, and where she
enjoys such high and glorious privileges as she does here as a
Latter-day Saint? No. The very idea of women here in a state of
slavery is a burlesque on common sense. * * * The same spirit
that prompted Herod to seek the life of Jesus, the same that drove
our pilgrim fathers to this continent, and the same that urged the
English government to the system of unrepresented taxation, which
resulted in the independence of the American colonies, is con-
spicuous in those bills. If such measures are persisted in they will
produce similar results. They not only threaten extirpation to us,
but they augur destruction to the government."

HARRIET COOK YOUNG: — "The Most High is the founder of this
mission, and in order to its establishment His providences have so
shaped the world's history, that on this continent, blessed above all
other lands, a free and enlightened government has been instituted,
guaranteeing to all social, political and religious liberty. The Con-
stitution of our country is therefore hallowed to us, and we view
with a jealous eye every infringement upon its great principles, and
demand in the sacred name of liberty, that the miscreant who would
trample it under his feet by depriving a hundred thousand American
citizens of every vestige of liberty, should be anathematized
throughout the length and breadth of the land, as a traitor to God
and his country."

HANNAH T. KING: — "Who or what is the creature that framed
this incomparable document? Is he an Esquimaux or a Chimpanzee,
or what isolated land's end spot produced him? What ideas he
must have of woman! Had he ever a mother, a wife or a sister?

400 HISTORY OF UTAH.

In what academy was he tutored, or to what school does he belong,
that he should so coolly and systematically command the women of
this people to turn traitors to their husbands, their brothers and
their sons! * * The women of Utah have paid too high a
price for their present position, their present light and knowledge,
and for their noble future, to succumb to so mean and foul a thing
as Baskin, Cullom and Go's bill."

PHQ:BE WOODRUFF: — "Shall we as wives and mo.thers sit still
and see our husbands and sons, whom we know are obeying the
highest behest of heaven, suffer for their religion without exerting
ourselves to the extent of our power for their deliverance? No!
verily, no!! God has revealed unto us the law of the Patriarchal
Order of Marriage and commanded us to obey it. We are sealed to
our husbands for time and eternity, that we may dwell with them
and our children in the world to come, which guarantees unto us the
greatest blessing for which we are created. If the rulers of our
nation will so far depart from the spirit and the letter of our
glorious Constitution as to deprive our Prophets, Apostles and Elders
of citizenship, and imprison them for obeying this law, let them
grant us this last request, to make their prisons large enough to
hold their wives, for where they go we will go also."

MRS. HORNE said that she was one of the so-called oppressed
women of Utah, that she was the wife of a man who practiced the
principle of plurality of wives, and she expected always to
sustain him.

MRS. ELEANOR M. PRATT then spoke a few words, and after a
closing exhortation from Eliza R. Snow, the mass meeting adjourned;
not, however, before adopting unanimously the following resolutions,
which were read and passed upon amid great enthusiasm:

Resolved, That we, the ladies of Salt Lake City, in mass-meeting assembled, do
manifest our indignation, and protest against the bill before Congress, known as '• the
Cullom bill," also the one known as " the Cragin bill," and all similar bills, expressions
and manifestoes.

Resolved, That we consider the above named bills foul blots on our national
escutcheon — absurd documents — atrocious insults to the honorable executive of the United

HISTORY OF UTAH. 401

States Government, and malicious attempts to subvert the rights of civil and religious
liberty.

Resolved, That we do hold sacred the constitution bequeathed us by our fore-
fathers, and ignore, with laudable womanly jealousy, every act of those men to whom the
responsibilities of government have been entrusted, which is calculated to destroy its
efficiency.

Resolved, That we unitedly exercise every moral power and every right which we
inherit as the daughters of American citizens, to prevent the passage of such bills, know-
ing that they would inevitably cast a stigma on our republican government by jeopardizing
the liberty and lives of its most loyal and peaceful citizens.

Resolved, That, in our candid opinion, the presentation of the aforesaid bills
indicates a manifest degeneracy of the great men of our nation ; and their adoption would
presage a speedy downfall and ultimate extinction of the glorious pedestal of freedom,
protection, and equal rights, established by our noble ancestors.

Resolved, That we acknowledge the institutions of the Church of Jesus Christ of
Latter-day Saints as the only reliable safeguard of female virtue and innocence ; and the
only sure protection against the fearful sin of prostitution, and its attendant evils, now
prevalent abroad, and as such, we are and shall be united with our brethren in sustaining
them against each and every encroachment.

Resolved, That we consider the originators of the aforesaid bills disloyal to the
constitution, and unworthy of any position of trust in any office which involves the
interests of our nation.

Resolved, That, in case the bills in question should pass both Houses of Congress,
and become a law, by which we shall be disfranchised as a Territory, we, the ladies of
Salt Lake City, shall exert all our power and influence to aid in the support of our own
State government.

This meeting of "Ihe sisters" was but the initial to many such
held in various parts of the Territory during the next few days,
all protesting in a similar manner against the passage of the
Cullom bill.

And these were the women who were said, and sincerely
believed by many, to be slaves, — the unwilling but fettered serfs of
the Mormon Priesthood ; women who had organized, throughout the
length and breadth of Utah, and wherever the Saints had settle-
ments, relief societies of their sex for the succor of the poor, for
the storage of grain, and for works of charity and benevolence in
general; women who not only convened regularly in their own
meetings, where they spoke and voted upon questions that came
before them, but had always voted at the conferences and gatherings

27-VOL. 2.

402 HISTORY OF UTAH.

of their people whenever subjects had been submitted for that
purpose to the congregation ; who were soon to establish a woman's
paper — the Exponent — to voice their views to the world, and upon
whom was about to be bestowed by their alleged masters — for it was
the fathers, husbands and sons of these women who then composed
the Utah Legislature — the elective franchise, for which so many
thousands of Gentile women in free America have sought and sued
so long in vain.

It was only a month after the great mass meeting of Mormon
women at Salt Lake City that the following act, which had passed
the Legislative Assembly then in session, was approved by Acting-
Governor S. A. Mann :

"An act giving women the elective franchise in the Territory
of Utah.

"SECTION 1. — Be it enacted by the Governor and Legislative Assembly
of the Territory of Utah: That every woman of the age of twenty-
one years, who has resided in this Territory six months next
preceding any general or special election, born or naturalized in the
United States, or who is the wife, or widow, or the daughter of a
naturalized citizen of the United States, shall be entitled to vote at
any election in this Territory.

"SECTION 2. — All laws, or parts of laws, conflicting with this act
are hereby repealed.

"Approved February 12th, 1870."

It was thought by many that the Mormon women, with the
ballot in their hands, would use it to free themselves from the
"galling yoke" under which they were supposed to be struggling.
So much was this the case that about a year before the Utah
Legislature took action to enfranchise the women of the Territory,
Mr. Julian, of Indiana, as already stated, had introduced a bill in
the lower branch of Congress, "to solve the polygamic problem."
Being asked by Delegate Hooper, what were the provisions of the
bill, Mr. Julian replied: "Simply a bill of one section providing for
the enfranchisement of the women of Utah."

HISTORY OF UTAH. 403

"I am in favor of that bill," said Mr. Hooper.

"Do you speak for your leading men?" asked Julian.

"I do not," replied Hooper, "but I know of no reason why they
should not also approve of it."

The next day a similar bill was introduced into the Senate by
Mr. Pomeroy of Kansas. Mr. Hooper, on returning to Utah, detailed
his conversation with the gentleman from Indiana to President
Young, and this is believed to have led to the introduction of the
woman suffrage bill into the Territorial Legislature.*

The bill, having been passed by the Legislature and sent to
the Acting-Governor for his signature, was returned by him,
approved, with the following communication :

EXECUTIVE OFFICE,

UTAH TERRITORY, February 12th, 1870.
To the Hon. Orson Pratt, Speaker of the Hous>e,

SIR : — I have the honor to inform you, that I have this day approved, signed and
deposited in the Secretary's Office, "An Act" conferring upon women the elective franchise.
In view of the importance of the measure referred to, it may not be considered improper
for me to remark, that I have very grave and serious doubts of the wisdom and soundness
of that political economy which makes the act a law of this Territory, and that there are

*The Phrenological Journal for November, 1870, in the course of a biographical article
on Hon. William H. Hooper, said : " Utah is a land of marvels. She gives us, first,
polygamy, which seems to be an outrage against 'woman's rights,' and then offers the
nation a 'woman's suffrage bill,' at this time in full force within her own borders. Was
there ever a greater anomaly known in the history of society ? The women of Utah hold
political power today. They are the first in the nation to whom the functions of the
state have been extended. * * * A year ago a friend of the Mormons
informed us that the Delegate of Utah was in New York, just from Washington, bound
for Utah to lay before Brigham Young the extraordinary design of giving to the women of
Mormondom political power. And the circumstance was the more marked for the
singular fact that the legislative minds, aided by the American press, were proposing just
at that time a scheme for Congress to force female suffrage upon Utah, lo give the women
of that Territory the power to break up the institution of polygamy, and emancipate them-
selves from their supposed serfdom and the degradation of womanhood."

The writer of the article was evidently not aware that the Legislature of the newly
created Territory of Wyoming, on December 10th, 1869, two months and two days
before the approval of Utah's woman suffrage act, had passed a law giving women the
right to vote. Wyoming, therefore, was first, and Utah second, in the nation to invest
women with the elective franchise.

404 HISTORY OF UTAH.

many reasons which, in my judgment, are opposed to the legislation ; but whatever these
doubts and reasons may have been, in view of the unanimous passage of the act in botli
the House and the Council, and in deference to the judgment of many whose opinion 1
very much respect, I have, as before stated, approved of the bill, hoping that future
experience may approve the wisdom of our action, and that the same may be found to
be in harmony with the spirit and genius of the age in which we live.

Very Respectfully,

S. A. MANN, Acting-Governor.

The anti-Mormons were as prompt as ever to assign a selfish
motive for the action of the Legislature. "It is to enhance the
power of the Priesthood,'' said they. But if the bill had failed
to pass, they would have been just as apt to declare that the
Mormons were afraid to enfranchise the women of their community,
and were determined to keep them in bondage. Such has ever been
the perversity of the Utah " Bourbons."

Seven days after the approval of the woman suffrage bill, at a
general meeting of the relief societies of Salt Lake City, presided over
by Eliza R. Snow, a committee was appointed to frame an expression
of gratitude to Acting-Governor Mann for approving the measure
granting the elective franchise to the women of Utah. This com-
mittee consisted of Eliza R. Snow, Bathsheba W. Smith, Sarah M.
Kimball, Margaret T. Smoot, Harriet Cook Young, Zina D. H. Young,
Mary Isabella Home, Phoebe C. Woodruff, Marinda N. Hyde, Eliza-
beth H. Cannon, Rachel I. Grant, Amanda Smith, Amelia F. Young
and Prescindia H. Kimball. To their communication the Acting-
Governor courteously responded, expressing the confident hope that
the ladies of Utah would so exercise the right conferred as to
approve the wisdom of the legislation.

Two days later, Monday, February 21st, occurred the regular
municipal election at Salt Lake City. It was unique in two par-
ticulars. It was the first election in the Territory, as shown in
the previous chapter, at which two parties — the People's and the
Independent — contended for the supremacy, and the first at which
the newly acquired right of woman suffrage was exercised. Only
a few of the ladies cast their ballots. The first woman to vote

HISTORY OF UTAH. 405

that day, and consequently the first in Utah to exercise the elective
franchise, was Miss Seraph Young, daughter of B. H. Young, Esq.,
and grand-niece to President Brigham Young.

The demonstration by the women of Mormondom against the
Cullom bill created a sensation throughout the country, and though
it did not prevent the measure from passing the lower house of
Congress, it doubtless had its effect, with other things, in causing it
to die in the Senate. Some of the sentiments uttered by ''the
sisters" at their mass meetings were applauded by leading journals
of the land as worthy of women descended from the heroines of
the Revolution, but they were told that " their cause was not as
good as their mothers' cause had been in Washington's day."

Some prominent newspapers, however, attacked the Cullom bill
as vigorously as did the Mormons themselves. The Chicago Times
stigmatized it as "an act to replenish brothels," and held up to
derision those who had advised Mr. Cullom as to the good and
wholesome effect the proposed legislation would have upon the
morals of the Mormon community. One person particularly
mentioned by the Times in this connection was Dr. John P.
Taggart, United States Assessor of Internal Revenue for Utah.
Mr. Taggart, after the famous "assassination" episode, which many
of our readers will remember — in which the tearing of the doctor's
coat sleeve, and the abrasion of his skin by a pet bull-dog was
converted by the anti-Mormons into an attempt on the part of the
Saints to assassinate him — being in Washington, was invited by Mr.
Cullom to go before the House Committee on Territories, where he
gave the advice in question. Said the Times:

"Taggart is not a Mormon. He is not a polygamist. He has
been a resident of Utah less than a year. He despises the Mormons,
religiously and every other way. And the Mormons, by his own
showing, as cordially despise him.* But this

*0ne reason for this ill-feeling between Assessor Taggart and the "Mormons was his
earnest though futile attempt, during the year 1870, to compel the Church to pay an
enormous tax on its tithing fund, consisting of voluntary donations by its members.

406 HISTORY OF UTAH.

revenue officer would pass Mr. Cullom's bill for the good effects it
would have in sending adrift upon society a vas.t number of Mormon
ex-wives and their young children. As most of

these thousands have no friends to receive and provide for them,
they would go to replenish the alms-houses and brothels in the large
cities. 'They would be a hundred per cent, better off than they are
now,' Mr. Cullom's revenue officer thinks. Instead of living in a
state where at least they can respect themselves, and enjoy the
colorable status of virtuous women, they would be reduced by Mr.
Cullom's bill to the condition of social outcasts ; mothers, yet
neither wives nor widows; pariahs, at whom the finger of scorn
would point, and to whom no door but that of the brothel and
prison would open. Such is the dismal alternative which Mr.
Cullom's bill offers to the women of Utah. Such is the 'better
condition' of which a brainless revenue officer prates, and which
Pharisees stand ready to applaud. What wonder that the women of
Utah should declare for polygamy rather than such a fate? Mr.
Cullom's witness has no doubt that, if the question were submitted
to the women of Utah, they would vote against Mr. Cullom's bill. It
would be infamous to doubt it. Suppose the proposition were sub-
mitted to the wives of Chicago that their marriage relations should
be declared null and void, and that they should take their children
and go forth to struggle against prejudices of moral hypocrites, and
the temptations of sin. Can any sane man doubt what their choice
would be? The proposition to undo what is already done in Utah
is infamous. If Mr. Cullom's bill should become a law, it would
be an ex post facto law of the worst character it is possible to
imagine. It would be such a law as would curse the very name of
virtue, by consigning thousands of women to lives of shame and
infamy."

The Omaha Herald treated the same incident in this style:
"Dr. Taggart, United States Assessor in Salt Lake, is just now
swearing to his opinions concerning polygamy, Brigham Young and
the Mormons. He is the man who was lately ' assassinated ' by a

HISTORY OF UTAH. 407

worried and sensible bull dog. Among others he swears to these
things:

" I believe that one thousand troops sent out there would be the best thing that ever
occurred. I do not think we need a man to insure security to life or property of any
Gentile, but one thousand troops would strengthen the backbone of those disaffected
Mormons. [The Godbeites.] But that would not be sufficient to break up the system of
polygamy. The leaders of the schism are as strongly in favor of polygamy as Brigham
Young himself."

"Four distinct opinions are here sworn to by Dr. Taggart, viz:
First. 'A thousand troops sent out there would be the best thing
that ever occurred.' No doubt of it. It would be the best thing,
that ever occurred to the Colfax squad, because purses now empty
would be filled by it, with a corresponding depletion of the people's
money bags. This must be what the thousand troops should be
sent there for, because Dr. Taggart shows in the next breath why
they should not be sent — when he says: Secondly; 'I do not think
we need a man to insure security to life and property of any Gentile.'
How completely this upsets and contradicts the more greedy of the
Colfax carpet baggers in Salt Lake, who are constantly writing and
telegraphing of the imminent dangers to both life and property in
Utah. Thirdly: 'But that would not be sufficient to break up
the system of polygamy.' The deuce you say! And, Fourthly:
'The leaders of the schism are as strongly in favor of polygamy
as Brigham Young himself.' Now if this testimony, given by
a man who evidently wants to tell the truth, does not show
beyond all cavil the utter nonsense of the schemes of the Cullom
and Colfax combination for plunder in Utah then language has
ceased to have meaning, and Dr. Taggart is a perjured villain.
This testimony shows the utter uselessness of this proposed warfare
against the people of that Territory, and loses none of its value
because it makes the witness himself ridiculous in that part of it
where he says, in one breath, that 'one thousand troops' are needed
' to strengthen the backbone of those disaffected Mormons', and in
the very next asserts that those ' disaffected Mormons are as strongly

408 HISTORY OF UTAH.

in favor of polygamy as Brigham Young himself.' Truthful as this
is it is ridiculous, since this whole business of military expeditions
to Utah is aimed to destroy polygamy, and is predicated on no other
pretext."

It is evident from the foregoing that the Omaha Herald was
perfectly aware of the truthfulness of the Mormon claim that
polygamy was a mere pretext of the Utah anti-Mormons to help
along their plans and conspiracies for their own aggrandizement.
Like their plea of "insecurity to life and property of Gentiles,'' the
polygamy cry served them as a catchword to enlist sympathy for
their cause, and deceive better men than themselves, here and
elsewhere, into lending them aid and comfort in their nefarious
operations. At this writing it need not be asserted that the fact that
polygamy cut no figure, except as a war-cry, has often been privately
admitted by the leaders and chief promoters of the opposition to the
Mormons. Their continued hostile attitude since the issuance of
President Woodruff's manifesto, doing away with polygamy, suffi-
ciently attests the truth of the proposition.

Among those who spoke against the Cullom bill in Congress
was Hon. Thomas Fitch, of Nevada, whose lucid logic and brilliant
eloquence, in denunciation of the measure, doubtless did much
to retard its passage through the House, if it did not conduce to
its death in the Senate. From his speech, which was delivered
on the 23rd of February, just one month before the Cullom bill
passed the House, we present the following excerpts:

Mr. Speaker, that the provisions of this bill, reported by the Committee on the Terri-
tories, rigidly enforced, would put an end to polygamy in Utah is intrinsically probable.
That the destruction of polygamy is a wise and laudable purpose may be readily conceded;
and if such destruction were all that is involved it would be my duty to advocate this
measure instead of opposing it ; but knowing something of the Mormon country, and
something more of the peculiar character and motives of the people inhabiting that coun-
try, I am impelled to the conviction that this bill, if enforced as law, would provoke con-
sequences most prolific of misfortune, and entail results altogether unapprehended.

Among these results may be included, first, the temporary obstruction, if not the
complete destruction, of the great overland railroad. Next, Utah would be returned to the
desolateness which once reigned supreme upon her soil. Again, the growing industries

HISTORY OF UTAH. 409

of a vast country would be checked, and the development of the Pacific coast seriously
retarded. Beyond all this, thousands of brave men would be slain, and millions of
treasure expended. Notwithstanding the opinions of the gentlemen who appeared before
the Territorial Committee, I fear that the people of Utah would regard the passage of this
bill as a declaration of war, and would prepare with all the fury and earnestness and zeal
of fanatics to enter upon a contest most bitter, protracted and bloody. The result of such
a contest no man can doubt. One hundred and forty thousand people, however self-sus-
taining, however isolated, however favored by position and circumstances, could not
maintain themselves against the power of the Government. The Mormons would ba
exterminated or driven out of Utah. But, with polygamy thus destroyed, adultery thus
delocalized, concubinage thus scattered, with virtue and desolation reigning supreme in a
waste where only the jargon of the savage disturbed the stillness, the rebuking verdict of
a tax-burdened people would be that the result accomplished was not worth the sacrifice

involved.

***** ****

They believe in their faith as deeply as the Mohammedan believes in his Koran or
the Christian in the crucifixion of his Redeemer. Assail that faith with armies and you
will consolidate and strengthen and infuse them with more ardent zeal. The gentleman
from Illinois [Mr. Culiom] believes that they will make no resistance. Sir, have they
faced the storm and the savage, desert and disease, to be turned from their tenets or
drawn from their convictions by an act of Congress? Would any sentiment less earnest
than passionate, zealous, fanatical belief have induced a people to go to such a distance
from the centers of civilization, to accept such contumely and undergo such sacrifices and
such toil ? Gentlemen are in error if they suppose that no other purpose than unbridled
indulgence in gross animal sensualism carried the Mormons to a life of privation and
labor in Utah. If such alone had been their purpose perhaps they might have achieved it
at less cost, less effort and less unpleasant notoriety without crossing the Mississippi
River. The tree of degraded sensuality does not bear the fruits of thrift and industry and

temperance.
*********

Polygamy and slavery have sometimes been called " twin relics of barbarism." That
was a taking phrase in the Chicago platform of 1856. It had a resonant chime; it made
a good rallying cry. But while polygamy and slavery may have been twin relics of bar-
barism in the sense that they were of equal antiquity, and were both capable of being
sustained by scriptural authority, they were not equal in present importance or in possible
consequences. Slavery rested upon compulsion and drew its vitalizing force from oppres-
sion ; polygamy depends upon persuasion and leans upon its own distorted interpretation
of the divine philosophy. Slavery was incorporated into the civil, political and social
framework of fifteen states ; polygamy is a pariah which has fled to the desert for a home.
Slavery was the basis of a vast industrial system ; polygamy is an excrescence upon a
promising industrial experiment. Slavery prevented a free press and prohibited free
speech; polygamy is unable to prevent the publication of an anti-Mormon paper in Salt
Lake City, and anti-polygamy meetings are held within sight of the residence of Brigham
Young. Slavery, grown arrogant by tolerance, assailed the nation and defied its laws ;

28-VOL. 2.

410 HISTORY OF UTAH.

polygamy, feeble and subject, obeys every statute except that which threatens its existence,
and seeks obscurity beyond the reach of civilization. All laws of the United States and
of Utah are obeyed in Utah except the anti-polygamy act. The very witness upon whose
testimony the committee have framed this bill averred that in all criminal or civil actions
where polygamy was not involved he never met a fairer people ; and in suits between
Mormons and Gentries, Mormon juries do impartial justice.
***********

Ours is a government of opinion framed into law; and laws unsustained by opinion
are apt to remain unenforced. Every county of every State and Territory is in some
extent self-governed and independent. If the people of any county tacitly agree that a
particular crime shall not be considered a crime if committed within that county, what is
to be done about it ? If grand juries persistently refuse to find indictments, or petit juries
regularly return verdicts of "not guilty" for that particular crime, there is no way to reach
the matter or punish the offenders through the ordinary processes and means permitted
under a republican form of government. There is no power invested in executive or
judge to take offenders beyond the limits of their state for trial. Gases of this character
can be reached only by finding such evidence of an armed and general conspiracy to resist
the laws as to authorize the suspension of civil authority within the infected district, and
the interposition of military rule. The remedy is expensive, and its frequent use most
dangerous to republican government. It should never be resorted to except in extreme
and desperate cases. I do not believe that the present is such a one. But, it may be
asked, shall we do nothing ? Shall we allow this defiance of the authority of the United
States to continue? Shall we permit Brigham Young and his followers to pursue the
practice of polygamy without any earnest effort to suppress it ? I answer, sir, that I
believe polygamy has run its course. I believe that the railroad which deprived the
Mormons of their isolation has struck it a mortal blow. Every locomotive bell resound-
ing through the gorges of the Wasatch Mountains is sounding its death knell. I believe
in the persuasive power of progress and the logical force of attrition.
***********

Already since the railroad was completed, a schism has grown up in the Mormon
Ghurch which its President seems powerless to heal or subdue. They have given the
women the ballot ; and howsoever the Mormon wife may vote now ; howsoever she may
vote to maintain her social status or minister to her physical wants ; howsoever religious
convictions may impel her or iron circumstances restrain her ; howsoever ignorant or poor
she may be, sooner or later the assaulted, imprisoned, outraged instincts of human nature
will arise and vindicate themselves. The house will be overturned upon the heads of the
captors. Possibly, indeed, they who but now have given the ballot to the women of Utah
have led a blind Samson to the pillars of their temple. Utah is no longer isolated. In
that fact alone the days of polygamy are numbered. So long as an iceberg remains locked
in the polar fields it dares the assaults of the elements ; but when the salt summer waves
come stealing up from the south they detach it from its surroundings, they float it away,
they eat out a piece here and crumble away a fragment there, until some day its founda-
tions are gone and it tumbles with a crash into the ocean ; and the process is repeated
until there is nothing left to mark its existence, save a chill in the water, which the Gulf

HISTORY OF UTAH. 411

stream speedily eradicates. Sir, this social iceberg has stood in the midst of the great
American desert, swelling its frost-bound proportions for a quarter of a century ; but the
railroad has unmoored it from its fastenings, and it floats without rudder or pilot in the
surrounding ocean of civilization. A wave washes down from the railroad and makes a
chasm in the church. Adventurous miners find precious metals in the vicinage, and
another wave rolls in from the east or west and makes a chasm in the family circle. Thus
the elements of destruction are busy about it. Some day not far off, death will claim the
great organizing, executive brain which holds it together, palsying the mighty will and
hushing the potent voice that has led willing men and women through trackless and
untrodden wastes. Neither do I believe that the majestic march of events shall be long
stayed or obstructed, even perhaps till that fate which awaits us all shall have executed its
plans.

I predict that the sagacious mind of that great Mormon leader, Brigham Young,
grasping the prophecies which start from every footprint of progress across the land he
has redeemed from sullen void, will strangle polygamy by a revelation. But whether
this prediction shall be verified or not polygamy is doomed. Natural causes will work its
speedy decay.
***********

But if we assail it in such a spirit of violence and venom as we exhibit towards the
vices of no other community ; if we recklessly change the jury system, and in order to
reach this one blot upon our national escutcheon provide for a violation of all the
practices and usages of republican government ; if we attack it as this bill proposes, with
packed juries backed by lines of bristling steel, we shall consolidate while we would
scatter, we shall unite forces which we would dissolve ; we shall intensify the elements
we would destroy ; we shall vitalize if we shall not perpetuate by every means of officious
and unjustifiable persecution the tenets we would expunge or wholly destroy ; unless,
indeed, at immense cost of life and money, we hurl against polygamy so much of armed
force as to exterminate those who practice it. Would any member of this House,
actuated by the commonest impulses of humanity, susceptible to ever so remote a
sentiment of charity for the weaknesses of his kind, feel justified in exterminating a
fellow man because he violates and defies the religion of his fathers ? Has the great
Author fashioned all men of like perceptions and possibilities ?
******** * * *

Mr. Speaker, this bill, with all due respect to the Committee on the Territories, is as
inoperative, as ill-considered, as worthless for all practical purposes in detail as it is
generally unwise and premature. I propose to scan briefly a few of its provisions.
Section three provides that there shall be appointed for each judicial district of the
Territory a deputy or an assistant United States attorney. Section four makes it the duty
of the district attorney of the United States to attend in person or by deputy all the
district courts in the Territory, to prosecute all criminal indictments returned to said
courts. Section twenty-five takes away the present criminal jurisdiction of the probate
and county courts, and gives the United States district or territorial courts exclusive
jurisdiction in criminal cases. Mr. Speaker, I find on an examination of the statutes
that the salary of the United States district attorney for the Territory of Utah is $500 per

412 HISTORY OF UTAH.

annum. Where can there be found a lawyer who will take such a position ? Where
can there be found a competent attorney who will agree to devote all his time to practice
in these courts and pay his traveling expenses and prosecute all criminal cases for $500
per annum and a doubtful amount of fees? These sections of the bill just cited evidence
to my mind the struggle between reform and reduction which has been going on in the
minds of the members of the Committee on the Territories. The Committee wished to
be at once virtuous and economical. They conjectured the House might possibly wink at
a public scandal, but would certainly glare with pitiless eye upon a proposed public
expenditure, and so with that same touching confidence and devotion which inspired those
who drop money into the box for the heathen, feeling that their duty is performed
whether the heathen ever get a cent or not, the Committee provided for district attorneys
and did not provide any compensation for these district attorneys. If no gentlemen
shall be found willing to prosecute polygamists without pay, and merely for the comfort
and joy of the transaction, it is not the fault of the Committee.
*********

Now, sir, section seven of this bill provides that the United States marshal and
clerk of the United States court shall select the jury. It removes this delicate and
responsible task from the usual arbitratment of chance. It takes it from the judge who
might be unwilling to pack a jury, even to convict a polygamist, and places in the hands
of the ministerial and executive officers of the court the dangerous and responsible power
of selecting a jury to pass on the lives and the liberty and property rights of the people.
Why not do away with the farce of a jury draft, and make the marshal and the clerk
the jury ? The result would be the same and the process less troublesome and expensive.
I doubt very much, sir, if under the provisions of this bill a panel of thirty-nine men for
grand and petit jurors can be obtained in Utah. Mormons are excluded from the jury
and the Gentiles are not numerous. Section ten of this bill provides that no person shall
be competent to serve either as grand or petit jurors who believes in, advocates, or
practices bigamy, concubinage, or polygamy ; and upon that fact appearing by examina-
tion, on voir dire or otherwise, such person shall not be permitted to serve as a juror.
Webster defines concubinage as the act or practice of ameliorating the acerbities of
bachelor life without the authority of law or legal marriage. These are not the exact
words of Webster. His definition is a little clearer, but I prefer my form of expression.
Gentlemen who wish to be entirely accurate can hunt up the authority. Now I doubt if
thirty-nine men could be found in Utah able to take such an oath. Of course in the
Springfield district of Illinois there would be no difficulty in obtaining a jury under such
restrictions, though I fancy they would thin the panel even there. But Utah is a frontier
community where men are not subject to wholesome social restraints, and where, in this
particular, at least, even they are singularly destitute of a shining moral example.

Section fourteen of this act places polygamy and concubinage upon a par with
murder, in that it deprives the parties accused of these offenses of the benefit of the
statute of limitations. Permit me to place this law in working harness, that we may
mark its operations and scan its harmonious prop*tions. A citizen of Springfield,
Illinois, hitherto respected and virtuous, takes up his march across desert and mountain
toward the golden land, and tarrying in the vicinity of Salt Lake City falls in with an

HISTORY OF UTAH. 413

emigrant train and being decoyed by the wiles of some sun-bronzed and languishing
Delilah departs from the path of rectitude. Years roll by. It is a wild sally of his
youth, perhaps repented of and forgotten, or, it may be, forgotten without the repentance.
But, behold ! after all these years complaint is made ; a requisition issues ; he is taken
before a jury selected by a most responsible Salt Lake clerk or marshal, convicted of
concubinage, and the next we hear of him he is at hard labor in a military camp, a ball
and chain attached to his ankles, suffering the compunctions of an outraged conscience
and studying the mysteries of that peculiarly impartial ethical code known as the Gullom
bill — a bill whose triumphs will be seen on the deserted site where once flourished a
deluded and misguided people.

Section nineteen is better than its predecessor, for it compels all officers, territorial
or local, in entering upon their duties to take an oath that they will not hereafter practice
polygamy, bigamy, or concubinage. Perhaps if such a law had been in operation fifteen
years ago, one of the witnesses upon whose musty testimony the Committee seem to have
relied, would not have remained long enough in Utah to have acquired that information
on the Mormon question of which he seems to have possessed himself. I allude to
Judge Drummond.

The receivers to be appointed under section thirty of this act, who are to take charge
of the property of convicted polygamists, and divide its proceeds among the former wives,
are the only ofticial persons in Utah not required to take this vow of virtue. The
omission is significant, to say the least. Let me call the attention of the House to
the absurdity of this thirtieth section. It proposes to confiscate all property of all persons
convicted of polygamy, for the benefit of their wives. Why, there is no properly in Utah
save that which depends upon the peace and prosperity of the people. There are no
accumulations of wealth. There is no coin to any considerable extent in the country.
Lands and flocks and herds compose the bulk of the Mormon possessions. Let there be
sixty days of war and all the property in Utah would not sell for enough to furnish a
week's subsistence to the women in Utah. Oh, but this bill proposes that the Secretary
shall appropriate or expend the sum of $100,000 for the relief of the forty thousand
concubines to be taken from their protectors — about two dollars and a half each ! A
munificent appropriation! Enough, with economy, to give them about three days' rations
each ! And, sir, what will you make of these forty thousand women whom it is proposed
by this bill to take from those who now support and protect them ? What position will
they occupy ? Which of you will open your doors to them or invite them to sit by your
firesides or even labor in your kitchens ? The flimsy barrier that protects them from the
very depth of social degradation is the fact that they are wives by a custom existing in
Utah. It is a pitiable position, but it is better than that of their unhappy sisters whom
necessily rather than vice has driven to the streets of your cities and the wards of your
hospitals and prisons. Sir, this is not the place to discuss that social evil which keeps
pace with the stately steps of civilization, and bears aloft its putrescent glow by the side
of her starlit pathway ; neither is it the time to legislate for that smaller social evil which
excites our attention because it is the only vice which stains a community otherwise most
virtuous, most peaceful and exemplary. Take the children of Utah and scatter them
homeless and hopeless waifs through the arteries of your great cities ; take the women

414 HISTORY OF UTAH.

of Utah and place them in the splendid dens that line the thoroughfares of Boston, New
York, Philadelphia, Baltimore, and Washington; take the men of Utah, return them to
the Atlantic States, and make them casual customers of those whom they now support
and protect, and how much will Christianity have gained, how much will society have
been benefitted, how much will the honor and power of the nation have been vindicated
and strengthened?

Mr. Speaker, I do not intend that my position upon this matter shall be misrepre-
sented to my constituents or to the country. I regard polygamy as an evil to be discouraged
and a violation of law which should be if possible prevented. I simply doubt the
wisdom of the means selected to achieve that result. For the coercion and misrepresen-
tation and fraud with which the Mormons have sometimes sought to carry out their
purposes, there will come a day of reckoning and repentance. For the murderers of
Mountain Meadows the God of justice holds in his hand some terrible retribution. But
because of crimes some of that people may have committed in the past, nor yet because
of their refusal to obey the laws we have made for them alone, I am not willing to plunge
headlong into war. If there be those upon this floor who desire to confiscate the prop-
erty of these outcasts, who consent to give their men to the sword and their women to
the bagnio, and who are ready to meet the just reproaches of a tax-burdened and humane
people, they must proceed without my help. I am not willing to look upon the ruin of
the great road which forms the keystone of the arch of the highway around the world.
I am not willing to destroy the channel through which my people hope to receive the life-
currents of empire. I count the cost and I count the result, and I am not willing to pay
the price of reaching that result. I will not vote for this bill, which will add millions to
the debt and thousands to the muster roll of the nation's dead, and in the name of a
people who have burdens enough to bear and kindred enough to mourn, I protest against
the passage of this most unwise and ill-considered bill.

Such were the salient points of the brilliant and powerful speech
of the gentleman from Nevada. Finding that a majority of the
members of the House were bent upon passing the Cullom bill, Mr.
Fitch, at the last moment, offered an amendment to extend its
provisions "to all the States and Territories where bigamy, polygamy
or concubinage was practiced." The amendment was rejected.
Messrs. Aaron A. Sargent and Samuel B. Axtell, of California, also
spoke against the measure. Hon. William H. Hooper, Utah's dele-
gate, delivered a telling speech against it on the 23rd of March, the
day that witnessed its passage by the House. Though himself
monogamist, Mr. Hooper pleaded earnestly for the right of his
polygamous constituents to practice unmolested this feature of their
religion. It is fitting that we give some selections from this, his
crowning effort in Congress. Said he :

HISTORY OF UTAH. 415

Mr. Speaker, I wish to make a few remarks concerning the extraordinary bill now
under consideration. While so doing, I crave the attention of the House, for I am here, not
alone as one of the people sought to be cruelly oppressed : not only as the delegate repre-
senting Utah ; but as an American citizen, to utter my solemn protest against the passage
of a bill that aims to violate our dearest rights and is fraught with evil to the Republic
itself.

I do not propose to occupy the time of the House by dwelling at length upon the
vast contributions of the people of Utah to the wealth of the nation. There is no mem-
ber in the House who does not recollect in his schoolboy days the vast region of the
Rocky Mountains characterized in the geographies as the " Great American Desert."
" There," said those veracious text books, "was a vast region wherein no man could live.
There were springs and streams, upon the banks of which could be seen the bleaching
bones of animals and men, poisoned from drinking of the deadly waters." Around the
borders of the vast desert, and in its few habitable parts, roamed the painted savages, only
less cruel and remorseless than the desert itself.

In the midst of this inhospitable waste today dwell an agricultural, pastoral, and
self-sustaining people, numbering 120,000 souls. Everywhere can be seen the fruits of
energetic and persistent industry. The surrounding mining Territories of Colorado,
Idaho, Montana, Arizona and Nevada, in their infancy, were fed and fostered from the
surplus stores of the Mormon people. The development of the resources of these
mining Territories was alone rendered possible by the existence at their doors of an
agricultural people, who supplied them with the chief necessities of life at a price scarcely
above that demanded in the old and populous'States. The early immigrants to California
paused on their weary journey in the redeemed wastes of Utah, to recruit their strength,
and that of their animals, and California is today richer by thousands of lives and
millions of treasure, for the existence of this half-way house to El Dorado.
* * * # * * * **

I will not, Mr. Speaker, trespass upon the time of the House by more than thus
briefly adverting to the claims of Utah to the gratitude and fostering care of the American
people.

For the first time in the history of the United States, by the introduction of the bill
under consideration, a well defined and positive effort is made to turn the great law-
making power of the nation into a moral channel and to legislate for the consciences of
the people.

Here, for the first time, is a proposition to punish a citizen for his religious belief
and unbelief. We have before us a statute book designating crime. To restrain criminal
acts, and to punish the offender, has heretofore been the province of the law, and in it
we have the support of the accused himself. No man comes to the bar for trial with the
plea that the charge upon which he is arraigned constitutes no offense. His plea is " Not
guilty." He cannot pass beyond and behind the established conclusions of humanity.
But this bill reaches beyond that code into the questionable world of morals — the debat-
able land of religious beliefs ; and, first creating the offense, seeks with malignant fury of
partisan prejudice and sectarian hate to measure out the punishment.

The bill before us declares that that system which Moses taught, that God allowed,

416 HISTORY OF UTAH.

and from which Christ, our Savior, sprung, is a crime, and that any man believing in
it and practicing it — I beg pardon, the bill, as I shall presently show, asserts that belief
alone is sufficient — that any so offending shall not be tried", but shall be convicted, his
children declared bastards, his wives turned out to starve, and his property be confiscated,
in fact, for the benefit of the moral reformers, who, as 1 believe, are the real instigators in
this matter.

The honorable member from Illinois, the father of this bill, informs us that this is a
crime abhorred by men, denounced by God, and prohibited and punished by every State
in the Union. 1 have a profound respect for the motives of the honorable member. I
believe he is inspired by a sincere hostility to that which he so earnestly denounces. No
earthly inducement could make him practice polygamy. Seduction, in the eyes of thou-
sands, is an indiscretion, where all the punishment falls upon the innocent and unoffend-
ing. The criminal taint attaches when the seducer attempts to marry his victim. This is
horrid. This is not to be endured by man or God, and laws must be promulgated to
prevent and punish.

While I have this profound regard for the morals and motives of the honorable
member, I must say that 1 do not respect, to the same extent, his legal abilities. Polyg-
amy is not denounced by every State and Territory, and the gentleman will search in vain
for the statute or criminal code of either defining its existence and punishment. The
gentleman confounds a religious belief with a criminal act. He is thinking of bigamy
when he denounces polygamy, and in the confusion that follows, blindly strikes out against
an unknown enemy. Will he permit me to call his attention to the distinction ? Bigamy
means the wrong done a woman by imposing upon her the forms of matrimony while
another wife lives, rendering such second marriage null and void. The reputation and
happiness of a too confiding woman is thus forever blasted by the fraudulent acts of her
supposed husband, and he is deservedly punished for his crime. Polygamy, on the con-
trary, is the act of marrying more than one woman, under a belief that a man has a right,
lawfully and religiously, so to do, and with the knowledge and consent of both his wives.

I suppose, Mr. Speaker, that in proclaiming the old Jeffersonian doctrine that that
Government is best which governs least, I would not have even a minority upon this
floor. But when I say that in a system of self-government such as ours, that looks to the
purest democracy, and seeks to be a government of the people, for the people, and by the
people, we have no room for the guardian, nor, above all, for the master, I can claim the
united support of both parties. To have such a government ; to retain such in its purest
strength, we must leave all questions of morals and religion that lie outside the recognized
code of crime to the conscience of the citizen. In an attempt to do otherwise than this,
the world's abiding places have been washed with human blood, and its fields made rich
with human bones. No government has been found strong enough to stand unshaken
above the throes of religious fanaticism when driven to the wall by religious persecution.
Ours, sir, would disappear like the "baseless fabric of a vision" before the first blast of such
a convulsion. Does the gentleman believe, for example, that in aiming this cruel blow at
a handful of earnest followers of the Lord in Utah, he is doing a more justifiable act than
would be, in the eyes of a majority of our citizens, a bill to abolish Catholicism, because
of its alleged immorality : or a law to annihilate the Jews for that they are Jews, and

HISTORY OF UTAH. 417

therefore obnoxious ? Let that evil door once be opened ; set sect against sect ; let the Bible
and the school books give place to the sword and the bayonet, and we will find the
humanity of today the humanity of the dark ages, and our beautiful government a mourn-
ful dream of the past.

This is not only philosophically true, but, sir, it is historically a fact. In making the
appeal, I stand upon the very foundation-stone of our constitutional Government. That
they might worship God in accordance with the dictates of conscience, the fathers fled
from their homes in Europe to the wilds of America. For this they bore the fatigues or
perished in the wilds of a savage-haunted continent ; for this they poured out their blood
in wars, until every stone in the huge edifice that shelters us as a nation is cemented by
the blood of a martyr. Upon this, however, 1 will not spend my time or yours ; a mere
statement of the proposition is a conclusive argument from which the people, in their
honest instincts, will permit no appeal. In our Constitution, still perfect and fresh as ever,
we have a clause that cannot be changed and leave a vestige of a free government. In
the original instrument we find this language : "No religious tests shall ever be required
as a qualification to any office or public trust under the United States." But this was not
considered sufficiently comprehensive for a free people, and subsequently we find it
declared, " Congress shall make no law respecting an establishment of religion or prohib-
iting the free exercise thereof."

Upon the very threshold of my argument, however, I am met by the advocates of this
extraordinary bill with the assumption that polygamy is not entitled to be considered as a
portion of our religious faith ; that under the Constitution we are to be protected and
respected in the enjoyment of our religious faith, but that we are not entitled to consider
as a portion thereof the views held by us as a people in reference to the marriage rela-
tion. One eminent disputant, as an argument, supposes a case where a religious sect
might claim to believe in the rightfulness of murder, and to be protected in the enjoyment
of that right. This is not in any sense a parallel case. Murder by all law, human and
divine, is a crime ; polygamy is not. In a subsequent portion of my remarks, I will
show, that not only the authority of the Old Testament writers, but by numerous leading
writers of the Christian church, the doctrine of polygamy is justified and approved. The
only ground upon which any argument can be maintained that our views of the marriage
relation are not to be considered as a portion of our religious faith, is that marriage is a
purely civil contract, and therefore outside the province of religious doctrine. No sect of
Christians can, however, be found who will carry their beliefs to this extent. The Catholic
church, the most ancient of Christian churches, and among the most powerful in numbers
of the religious denominations of our country, upon this point is in accord with the Mor-
mon church. Marriage, according to the faith of the Catholic church, is one of its sacra-
ments ; is not in any sense a civil contract, but a religious ordinance, and the validity of a
divorce granted by a civil court is denied. And not in any Christian church is the mar-
riage contract placed on a par with other civil contracts — with a swap of horses or a
partnership in trade. It is a civil contract, in that a court of equity, for certain specified
causes, may dissolve it; but not otherwise. Upon the marriage contract is invoked the
most solemn sanctions of our Christians ; the appointed ministers and servants of God, by
their presence and aid, give solemnity and efficiency to the ceremonial, and upon the alli-

29-VOL 2.

418 HISTORY OF UTAH.

ance is invoked the divine guidance and blessing. To most intents and purposes, with
every Christian denomination, the marriage ceremony is regarded as a religious ordinance.
Upon this point, therefore, and a vital point in the discussion of the question before us,
the Catholic church in fact, and the other religious denominations in theory and usual
practice, are with the Mormons in their position, that the supervision and control of the
marital relation is an integral and essential portion of their religious faith and practice,
in the enjoyment of which they are protected by the Constitution.

The Mormon people are a Christian denomination. They believe fully in the Old
and New Testaments, in the divinity of Christ's mission, and the upbuilding and triumph
of His church. They do not believe, however, that light and guidance from above ceased
with the crucifixion on Calvary. On the other hand, they find that in all ages, whenever a
necessity therefor existed, God has raised up prophets to speak to the people, and to mani-
fest to them His will and requirements. And they believe that Joseph Smith was such a
prophet ; that the time had arrived when there was a necessity for further revelation, and
through Joseph Smith it was given to the world.

Upon this point of continuous revelation, which is really one of the turning points of
the controversy, we are in accord with many of the most eminent divines of the Christian
church, and with the most earnest and vigorous thinkers of our own day.

Upon the departure of the Pilgrim Fathers from Holland to America, the Rev. John
Robinson, their beloved pastor, preached a farewell sermon, which showed a spirit of
mildness and tolerance truly wonderful in that age, and which many who claim to be min-
isters of God would do Hvell to imitate in this :

" Brethren, we are quickly to part from one another, and whether I may ever live to
see your faces on earth any more, the God of heaven only knows ; but whether the Lord
hath appointed that or not, I charge you before God and his blessed angels, that you fol-
low me no further than you have seen me follow the Lord Jesus Christ. If God reveal
anything to you by any other instrument of His, be as ready to receive it as you were to
receive any truth from my ministry; for I am fully persuaded, I am very confident, that
the Lord has more truth yet to break forth out of His holy word.

" For my part I cannot sufficiently bewail the condition of the reformed churches,
who are come to a period in religion, and will go at present no further than the instru-
ments of their information. The Lutherans cannot be drawn beyond what Luther saw.
Whatever part of His will the good God has revealed to Calvin, they will rather die than
embrace it; and the Calvinists, you see, stick fast where they were left by lhai great man
of God, who yet saw not all things.

"This is a misery much to be lamented, for though they were burning and shining
lights in their time, yet they penetrated not into the whole counsel of God ; but were they
now living, would be as ready to embrace further light as that which they first received.
I beseech you to remember that it is an article of your covenant, that you shall be ready
to receive whatever truths shall be made known to you from the ^vritten word of God."

And says Ralph Waldo Emerson, in one of his golden utterances, " I look for the
hour when that supreme beauty which ravished the souls of those Hebrews and through
their lips spoke oracles to all time, shall speak in the West also. The Hebrew and the
Greek scriptures contain immortal sentences that have been the bread of life to millions.

HISTORY OF UTAH. 419

But they have no epical entirety ; are fragmentary ; are not shown in their order to the
intellect. I look for the new teacher that shall follow so far these shining laws that he
shall see some full circle ; shall see their rounding, complete grace; shall see the world to
the mirror of the soul."

Conceding, therefore, that new revelation may be at all times expected in the future
of our race, as they have been at all times vouchsafed in the past, and the whole contro-
versy ends. A man has arisen named Joseph Smith, he claims to be a prophet of God,
and a numerous community see fit to admit the justice of such claim. It is a religious
sect ; it has today vindicated its right to live by works and sacrifices which are the admir-
ation even of its enemies. It brings forward certain new doctrines ; of church govern-
ment"; of baptism even for their dead; of the marriage relation. Upon what point is it
more probable that light from above would be given to our race, than upon the marriage
relation ? The social problem is the question of the age. The minds of many of the
foremost men and women of our days are given to the study of the proper position and
relations of the sexes. The wisest differ — differ honestly and unavoidably. Endless is
the dispute and clamor of those honestly striving to do away with the social evil ; to
ameliorate the anomalous condition of the wronged and suffering women of today. And
while this is so ; while thousands of the good and pure of all creeds and parties are
invoking the divine guidance in their efforts for the good of our fallen humanity, is it
strange that the divine guidance thus earnestly besought should come — that the prayer of
the righteous be answered? The Mormon people believe that God has thus spoken ; that
through Joseph Smith He has indicated that true solution of the social questions of our
day ; and while they persecute or question no man for differing honestly with them as to
the divine authority of such revelations, they firmly insist that in their following of what
they believe to be the will of God, they are entitled to the same immunity from persecution
at the hands of the Government, and the same liberty of thought and speech, wisely
secured to other religious beliefs by the Constitution.

Upon the point whether polygamy can properly be considered as a part of our religious
faith and practice, I beg leave humbly further to submit, sir, that the decision rests solely
on the conscience and belief of the man and woman who proclaim it to be a religious
belief. As I have said, it is not numbered among the crimes of that code recognized by
all nations having any form of government under which criminals are restrained or pun-
ished, and to make it such, a new code must be framed. My people proclaim polygamy
as a part of their religious belief. If they are honest in this, however much this may be
in error, they stand on their rights under the Constitution, and to arrest that error you
must appeal to reason, and not to force. I am here, not to argue or demonstrate the
truthfulness of their faith; I am not called upon to convince this honorable House that it
is either true or false ; but if I can convince you that this belief is honorably and sincerely
entertained, my object is accomplished.

It is common to teach, and thousands believe that the leaders of the sect of Latter-
day Saints, popularly known as Mormons, are hypocrites, while their followers are either
ignorant, deluded men and women, or people held to their organization by the vilest
impulses of lust. To refute these slanders, I can only do as the earlier Christians did,
point to their sufferings and sacrifices, and I may add, the unanimous testimony of all,

420 HISTORY OF UTAH.

that aside from what they consider the objectionable practice of polygamy, my constituents
are sober, moral, just, and industrious in the eyes of all impartial witnesses. In this
community, removed by long reaches of wastes from the moral influences of civilization,
we have a quiet, orderly and Christian community. Our towns are without gambling
hells, drinking saloons or brothels, while from end to end of our Territory the innocent
can walk unharmed at all hours. Nor is this due to an organized police, but to the kind
natures and Christian impulses of a good people. In support of my argument of their

entire sincerity, I with confidence appeal to their history.

* * * * * ****

Thus, Mr. Speaker, three times did this persecuted people before their location in
Utah, build up for themselves pleasant and prosperous homes, and by their industry
surrounded themselves with all the comforts and appliances of wealth ; and three times
were they by an unprincipled and outrageous mob, driven from their possessions, and
reduced to abject poverty. And bear it in mind, that in every instance the leader of
these organized mobs offered to all who would abandon and deny their faith, toleration
and the possession of their homes and wealth. But they refused the tempting snare.
They rejoiced that they were thought worthy to suffer for the Master, and, rather than to
deny their faith, they welcomed privation ; they sacrificed all that earth could offer ; they
died the saintly martyr's death.

Mr. Speaker, is this shining record that of a community of hypocrites? What
other Christian denomination of our country can show higher evidences of earnestness,
of devoted self-sacrifice for the preservation of their religious faith?

#*******#

Now, sir, far be it from me to undertake to teach this learned House, and above all,
the Hon. Chairman of the Committee on Territories great theological truths. If there be
any subject with which this honorable body is especially conversant, it is theology. I
have heard more scripture quoted here, and more morality taught, than in any other
place it was my fortune to serve. With great diffidence then, I venfure to suggest to the
supporters of this bill, that while polygamy had its origin in holy writ, taught as I have
said before by the greatest of all law-makers, and not only tolerated, but explicitly com-
manded by the Almighty, as I shall presently show, monogamy, or the system of
marriage now recognized by so many Christian nations, originated among the Pagans of
ancient Greece and Rome.

I know, sir, that the report accompanying the bill fetches vast stores of theological
information to bear ; informs us that polygamy is contrary to the Divine economy, and
refers to the marriage of the first human couple, and cites the further testimony of the
Bible, and that of the history of the world. Setting aside the last named as slightly too
voluminous for critical examination in the present discussion, we will take up, as briefly
as possible, the Divine authorities, and the commentaries and discussions thereon by
eminent Christian writers, and see how far my people have been misled by clinging to
them. As for the illustrious example quoted of our first parents, all that can be said of
their marriage is that it was exhaustive. Adam married all the women in the world, and
if we find teaching by the example, we must go among his descendants, where examples
can be found among the favored people of God, whose laws were of divine origin, and
whose conduct received sanction or punishment at his hands.

HISTORY OF UTAH. 421

At the period of the Reformation in Germany, during the early part of the 16th
century, those great reformers, Luther, Melanclhon, Zwingle and Bucer, held a solemn
consultation at Wittenburg, on the question, " Whether it is contrary to the divine law
for a man to have two wives at once ?" and decided unanimously that it was not ; and
upon the authority of the decision, Philip, Landgrave of Hesse, actually married a second
wife, his first being still alive. This fact is recorded in D'Aubigne's History of the
Reformation, and by other authors of that period.

Dr. Hugo Grotius, a celebrated Dutch jurist and statesman and most eminent law-
writer of the seventeenth century, states " the Jew's laws allow a plurality of wives to
one man."

Hon. John Selden, a distinguished English author and statesman, a member of
Parliament for 1624, and who represented the University of Oxford in the Long Par-
liament, in his work entitled, "Uxor Hebraica," the Hebrew Wife, says that
" polygamy was allowed, not only among the Hebrews, but in most other nations through-
out the world ; and that monogamy is a modern and a European custom, almost
unknown to the ancient world."

Dr. Samuel Puffendorf, professor of law in the University of Heidelberg, in
Germany, and afterwards of Lund, in Sweden, who wrote during (he latter part of the
seventeenth century, in his great work on the law of nature and nations, says that " the
Mosaic law was so far from forbidding this custom (polygamy) that it seems in several
places to suppose it ;" and in another place he says, in reference to the rightfulness there-
of, " the polygamy of the fathers, under the old covenant, is an argument which ingen-
ious men must confess to be unanswerable."

Rev. Gilbert Burnet, Bishop of Salisbury, the particular friend of William III., who
was eminent among both historians and theologians, wrote a tract upon this subject,
near the beginning of the eighteenth century. The tract was written on the question,
" Is a plurality of wives in any case lawful under the gospel ?"

:;:*###**#*

Rev. David A. Allen, D. D., a Gongregationalist, and a missionary of the American
Board of Commissioners for Foreign Missions, after a professional residence of twenty-
five years in Hindostan, published a work in 1856, entitled " India, Ancient and Modern,"
in which he says, pp. 551-3 :

" Polygamy is practiced in India among the Hindoos, the Mohammedans, the Zor-
oastricans and the Jews. It is allowed and recognized by the institutes of Menu, by the
Koran, by the Zendavesta, and, the Jews believe, by their scriptures, the Old Testament.
It is recognized by all the courts in India, native and English. The laws of the British
Parliament recognize polygamy among all these classes, when the marriage connection
has been formed according to the principles of their religion and to their established
forms and usages. The marriage of a Hindoo or a Mohammedan with his second or
third wife is just as valid and as legally binding on all parties as his marriage with his
first wife ; just as valid as the marriage of any Christian in the Church of England.
* * This man cannot divorce any of his wives if he would, and it

would be great injustice and cruelty to them and their children if he should. * * *
His having become a Christian and embraced a purer faith will not release him from

422 HISTORY OF UTAH.

those obligations in view of the English Government and courts, or of the native popu-
lation. Should he put them away, or all but one, they will still be legally his wives, and
cannot be married to another man. And further, they have done nothing to deserve
such unkindness, cruelty and disgrace at his hands. * So far from

receiving polygamy as morally wrong, they not unfrequently take a second or third wife
with much reluctance, and from a painful sense of duty to perpetuate their name, their
family and their inheritance."

In an appendix to this work, Dr. Allen informs the world that the subject of polyg-
amy had been brought before the Calcutta Missionary Conference, a body composed of the
missionaries of the various missionary societies of Great Britain and America, and includ-
ing Baptists, Congregationalists, Episcopalians, Methodists, Presbyterians, and others, in
consequence of the application of Christian converts, who, having several wives each, to
whom they had been legally married, now desired admittance into the Christian churches.
After frequent consultation and much consideration, the conference, says Dr. Allen, came
unanimously to the following conclusion :

" If a convert, before becoming a Christian, has married more wives than one, in
accordance with the practice of the Jewish and primitive Christian churches, he shall
be permitted to keep them all, but such a person is not eligible to any office in the
church."

These facts, as Dr. Allen asserts them, have a direct and important bearing upon this
bill and the accompanying report. They prove that one of its main charges, that polygamy
is abhorrent to every Christian nation, is false, for the British Empire is a Christian
nation, and Hindostan is an integral part of that empire, as much so as its American
provinces are, or as Ireland is. Hindostan is a civilized country, with schools and col-
leges, and factories and railroads, and telegraphs and newspapers. Yet the great mass of
the people, comprising more than eighty millions, are polygamists, and as such they are
recognized and protected by the laws of the British Parliament, and the courts of the
Queen's Bench ; and the English and American missionaries of the gospel who reside
there, and have resided there many years, and who know the practical working of
polygamy, have assembled together in solemn conference and unanimously pronounced
it to be right, and in accordance with the practice of the primitive Christian churches ;
and the French, the Spanish, the Dutch, the Portugese, and other Christian nations are
known to pursue a similar policy, and to allow the different peoples under their govern-
ments, the free and unmolested enjoyment of their own religions and their own marriage
system, whether they are monogamous or polygamous.

I trust, Mr. Speaker, that I have not wearied your patience by this citation of learned
authorities upon the antiquity and universality of the polygamic doctrine. My object in
this part of my argument is not to prove that polygamy is right or wrong, but simply to
illustrate that a doctrine, the practice of which has repeatedly been commanded by the
Almighty ; which was the rule of life with the Jews at the time they were the chosen
people of God, and were, in all things, governed by His dictation ; which has among its
supporters many of the most eminent writers of the Christian church of all ages, and
which is now sanctioned by law and usage in many of the Christianized provinces of the
British Empire, is not wrong in itself. It is a doctrine, the practice of which, from the

HISTORY OF UTAH. 423

precedents cited, is clearly not inconsistent with the highest purity of character, and the
most exemplary Christian life. My opponents may argue that it is unsuited to the civil-
ization of the age, or is the offspring of a religious delusion ; but if so, its remedy is to be
sought through persuasion, and not by the exercise of force ; it is the field for the mis-
sionary and not for the jurist or soldier. It is a noble and a Christian work to purify
and enlighten a benighted soul ; to lift up those who are fallen and ready to perish ; but
from all the pulpits of the land comes up the cry that the fields are white for the harvest,
while the laborers are few. So soon, however, as the Luthers, the Melancthons, the
Whitfields of today, have wiped out the immorality, licentiousness and crime of older
communities, and have made their average morality equal to that of the city of Salt
Lake, !et them transfer their field of labor to the wilds of Utah, and may God forever
prosper the right.

I trust, Mr. Speaker, that men abler and more learned in law than I, will discuss the
legal monstrosities of this bill, fraught with evil, as it is, not only to the citizens of Utah,
but to the nation at large ; but must be pardoned for calling special attention to the
seventh section, which gives to a single officer, the United States marshal, with the clerk
of the court, the absolute right of selecting a jury ; and, further, to the tenth section,
which provides that persons entertaining an objectionable religious theory — not those who
have been guilty of the practice of polygamy, but who have simply a belief in the abstract
theory of plural marriage — shall be disqualified as jurors.

To see what a fearful blow this is at the very foundation of our liberties ; what a
disastrous precedent for future tyranny, let us recall for a moment the history of the trial
by jury ; something with which all are as familiar as with the decalogue, but which, like
the ten commandments, may occasionally be recalled with profit. Jury trial was first
known as a trial per pais; by the country ; and the theory was, that when a crime has
been committed, the whole community came together and sat in judgment upon the
offender. This process becoming cumbersome as the population increased, twelve men
were drawn by lot from the country, thus securing, as was supposed, a representation of
the average public sentiment of the whole country, and which was further secured by
requiring the finding of the jury to be unanimous.

A fair trial by jury, by our Anglo-Saxon ancestors, was regarded as so precious,
that in Magna Charta it is more than once insisted on as the principal bulwark of English
liberty.

Blackstone says of it : " It is the glory of the English law. It is the most
transcendent privilege which any subject can enjoy or wish for, that he cannot be affected
either in his property, his liberty, or his person, but by the unanimous consent of twelve
of his neighbors and equals ; a provision which has, under Providence, secured the just
liberties of this nation for a long succession of ages."

Our own people have been no whit behind the English in their high appreciation of
the trial by jury. In the original Federal Constitution, it was provided simply that the
" trial of all crimes, except in cases of impeachment, shall be by jury-" The framers of
the Constitution considered that the meaning of " trial by jury " was sufficiently settled
by long established usage and legal precedent, and that by the provisions just cited was
sufficient. But such was not the view of the people. One of the most serious objections

424 HISTORY OF UTAH.

to the adoption of the Constitution by the States was its lack of clearness upon this most
vital point, and Alexander Hamilton, in one of the ablest and most carefully considered
numbers of the Federalist, endeavored to explain away this objection. The Gonsttution
was adopted, but the nation was not satisfied ; and one of the earliest amendments to
that instrument further provided that " no person shall be held to answer for a capital or
otherwise infamous crime unless on presentment or indictment of a grand jury " and
that " in all criminal prosecutions, the accused shall enjoy the right to a speedy and pub-
lic trial by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law."

Thus, Mr. Speaker, it will be observed with what scrupulous solicitude our ancestors
watched over this great safeguard of the liberties of the people. Nothing was left to infer-
ence or established precedent, but to every citizen was guaranteed in this most solemn
manner an impartial trial by a jury of his neighbors and his peers, residents of the district
where the offense was charged.

Now, sir, is there any member of this House who will claim or pretend that the pro-
visions of this bill are not in violation of this most sacred feature in our bill of rights ?
The trial by jury by this bill is worse than abolished, for its form — a sickening farce —
remains, while its spirit is utterly gone. A packed jury is worse than no jury at all. The
merest tyro in law knows that the essence of a trial by jury consists in the fact that the
accused is tried by a jury drawn by lot from among his neighbors ; a jury drawn without
previous knowledge, choice or selection on the part of the Government ; a jury which will
be a fair epitome of the district where the offense is charged, and thus such a tribunal as
will agree to no verdict except such as, substantially, the whole community would agree to,
if present and taking part in the trial. Any other system of trial by jury is a mockery and
a farce. The standard of public morality varies greatly in a country so vast as ours, and
the principle of a jury trial recognizes this fact, and wisely provides, in effect, that no per-
son shall be punished who, when brought to the bar of public opinion in the community
where the alleged offense is committed, is not adjudged to have been guilty of a crime.
This most unconstitutional and wicked bill before us, defies all these well established prin-
ciples and strikes at the root of the dearest right of the citizen. I have an earnest and
abiding faith in the bright future of my native land ; but if our national career, as we may
fondly hope, shall stretch out before us unending glories, it will be because of the prompt
and decisive rebuke, by the representatives of the people here, of all such legislation as
that sought in the bill before us.

I have touched more fully, Mr. Speaker, upon the feature of the bill virtually abol-
ishing jury trial, than upon any other, because of its more conspicuous disregard of con-
stitutional right. But the whole bill, from first to last, is more damnable in its provis-
ions, and more unworthy of consideration by the representatives of a free people. This
is an age of great religious toleration. This bill recalls the fearful days of the Spanish
inquision, or the days when, in New England, Quakers were persecuted or banished, and
witches burned at the stake.
***********

Can it be possible that the national Congress will even for a moment, seriously con-
template the persecution or annihilation of an integral portion of our citizens, whose

HISTORY OF UTAH. 425

industry and material development are the nation's pride, because of a slight difference
in their religious faith ? A difference, too, not upon the fundamental truths of our com-
mon Christianity, but because of their conscientious adherence to what was once no
impropriety even, but a virtue ? This toleration in matters of religion, which is perhaps
the most conspicuous feature of our civilization, arises not from any indifference to the
sacred truths of Christianity, but from an abiding faith in their impregnability — a national
conviction that truth is mighty and will prevail. We have adopted as our motto the sen-
timent of Paul: "Try all things; prove all things, and hold fast to that which is good."
The ancient Jewish rabbi, in his serene confidence that God would remember his own,
was typical of our age : " Refrain from these men and let them alone, for if this counsel
or this work be of God, ye cannot overthrow it ; but if it be of men, it will come to
nought."

I have the honor of representing here a constituency probably the most vigorously
lied about of any people in the nation. I should insult the good sense of this House and
of the American people did I stoop to a refutation of the countless falsehoods which have
been circulated for years in reference to the people of Utah. These falsehoods have a
common origin — a desire to plunder the treasury of the nation. They are the children of
a horde of bankrupt speculators, anxious to grow rich through the sacrifice even of human
life. During the administration of Mr. Buchanan, a Mormon war was inaugurated, in
great measure through the statements of Judge W. W. Drummond, a man of infamous
character and life, and who is cited as authority in the report accompanying this bill. His
statement, as there published, that the Mormons had destroyed all the records, papers,
etc., of the supreme Federal court of the Territory, and grossly insulted the Federal offi-
cers for opposing such destruction, was, as I have been informed by unquestionable
authority, one of, if not the principal cause of the so-called Mormon war. An army was
sent to Utah ; twenty or thirty millions of dollars were expended, before the Government
bethought itself to inquire whether such statements were true ; then inquiry was made,
and it was learned that the whole statement was entirely false ; that the records were per-
fect and unimpaired. vVhereupon the war ended, but not until colossal fortunes were
accumulated by the hangers-on and contractors for the army, who] had incited the whole
affair. These men, and numerous would-be imitators, long for the return of that golden
age. Since the railroad was completed, many of the American people have looked for
themselves. They see in Utah the most peaceful and persistently industrious people on
the continent. They judge the tree by its fruits. They read that a community given up
to lust does not build factories and fill up the land with thrifty farms. That a nation of
thieves and murderers do not live without intoxicating liquors, and become famous for the
products of their dairies, orchards and gardens. A corrupt tree bringeth not forth the
fruits of temperance, Christianity, industry and order.

Mr. Speaker, those who have been so kind and indulgent as to follow me thus far will
have observed that I have aimed, as best I might, to show —

1. That under our Constitution we are entitled to be protected in the full and free
enjoyment of our religious faith.

2. That our views of the marriage relation are an essential portion of our religious
faith.

30-VOL. 2.

426 HISTORY OF UTAH.

3. That in considering the cognizance of the marriage relation as within the pro-
vince of church regulations, we are practically in accord with all other Christian denomi-
nations.

4. That in our views of the marriage relation as a part of our religious belief, we
are entitled to immunity from persecution under the Constitution if such views are sin-
cerely held ; that if such views are erroneous, their eradication must be by argument and
not by force.

5. That of our sincerity we have both by words, and works, and sufferings, given
for nearly forty years abundant proof.

6. That the bill, in practically abolishing trial by jury, as well as in many other
respects, is unconstitutional, uncalled for, and in direct opposition to that toleration in
religious belief which is characteristic of the nation and the age.

It is not permitted, Mr. Speaker, that any one man should sit as the judge of another
as regards his religious belief. This is a matter which rests solely between each individual
and his God. The responsibility cannot be shifted or divided. It is a matter outside the
domain of legislative action. The world is full of religious error and delusion, but its
eradication is the work of the moralist and not of the legislator. Our Constitution
throws over all sincere worshipers, at whatever shrine, its guarantee of absolute protection.
The moment we assume to judge of the truthfulness or error of any creed, the con-
stitutional guarantee is a mockery and a sham.

Three times have my people been dispersed by mob violence, and each time they
have arisen stronger from the conflict ; and now the doctrine of violence is proposed in
Congress. It may be the will of the Lord that to unite and purify us, it is necessary for
further violence and blood. If so, we humbly and reverently submit to the will of
Him in whose hands are all the issues of human life. Heretofore we have suffered
from the violence of the mob; now, the mob are to be clothed in the authority of an
unconstitutional and oppressive law. If this course be decided upon, I can only say that
the hand that smites us smites the most sacred guarantee of the Constitution, and the
blind Samson, breaking the pillars, pulls down upon friend and foe alike the ruins of
the State.

The Cullom bill, shorn of some of its repulsive features, but
retaining a sufficient number of them to make it a hideous enact-
ment, passed the House of Representatives by a vote of ninety-four
to thirty-two. The parts omitted were Section 11, making the lawful
wife of an accused polygamist a competent witness against him;
Section 14, providing that the statute of limitations should be no bar
to a prosecution; Section 30, authorizing the confiscation of the
property of persons convicted; Section 31, for the temporary relief
of persons reduced to destitution by the enforcement of the act, and
Section 32, authorizing the employment of forty thousand volunteers
to assist in its enforcement.

HISTORY OF UTAH. 427

The news of the passage of the act by the House, being tele-
graphed to Utah, created a profound sensation. There was no
excitement, at least none of outward exhibition — such would not.
have been characteristic of the Mormon people — but to say that a
deep and widespread sentiment of indignation if not of alarm
was felt throughout the community, is but to state the simple
truth. Mass meetings were held all over the Territory to
protest against the action of the House, and appeal to the Senate
to not permit the iniquitous measure to become law. An immense
gathering convened for this purpose in the Tabernacle at Salt Lake
City on Thursday, March 31st, at 1 p. m. Every seat was
packed with spectators, and crowds of eager listeners stood in
the aisles, at the doorways, and upon the outside of the building.
On motion of Hon. John Taylor, Mayor Wells was called to preside
over the meeting. The following named gentlemen were chosen
vice-presidents: Hons. John M. Bernhisel, John Taylor, Orson Pratt,
Joseph A. Young, Wilford Woodruff, George Q. Cannon and Joseph
F. Smith. The secretaries of the meeting were Robert L. Campbell,
Paul A. Schettler, Theodore McKean and David McKenzie. David
W. Evans and E. L. Sloan acted as reporters. After prayer by the
chaplain — Elder Jesse Haven — a committee of thirteen, appointed at
a preliminary meeting, presented, by the chairman, Hon. D. H. Wells,
the following remonstrance and resolutions, which were read to the
vast assemblage by Hon. George Q. Cannon :

REMONSTRANCE.

To the Honorable the Senate and House of Representatives of the United States, in
Congress Assembled,

GENTLEMEN : — It is with no ordinary concern that we have learned of the passage by
the House of Representatives of the House Bill No. 1,089, entitled "A bill in aid of the
execution of the laws in Utah, and for other purposes," commonly known as "The
Cullom Bill," against which we desire to enter our most earnest and unqualified protest,
and appeal against its passage by the Senate of the United States, or beg its reconsidera-
tion by the House of Representatives. We are sure you will bear with us while we
present for your consideration some of the reasons why this bill should not become law.

Gentlemen of the Senate and House of Representatives, of the 150,000 estimated
population of the Territory of Utah, it is well known that all except from 5,000 to 10.000

428 HISTORY OF UTAH.

are members of the Church of Jesus Christ of Latter-day Saints, usually called Mormons.
These are essentially the people of this Territory, they have settled it, reclaimed the
desert waste, cultivated it, subdued the Indians, opened means of communication, made
roads, built cities, and brought into being a new State to add lustre to the national galaxy
of our glorious Union. And we, the people who have done this are believers in the
principle of plural marriage or polygamy, not simply as an elevating social relationship,
and a preventive of many terrible evils which afflict our race, but as a principle revealed
by God, underlying our every hope of eternal salvation and happiness in heaven. We
believe in the pre-existence of the spirits of men; that God is the author of OIT being;
that marriage is ordained as the legitimate source by which mankind obtain an existence
in this probation on the earth ; that the marriage relation exists and extends throughout
eternity, and that without it no man can obtain an exaltation in the celestial kingdom of
God. The revelation commanding the principle of plural marriage, given by God through
Joseph Smith, to the Church of Jesus Christ of Latter-day Saints, in its first paragraph
has the following language: " Behold, I reveal unto you a new and everlasting covenant;
and if ye abide not that covenant, then are ye damned ; for none can reject this covenant
and be permitted to enter into my glory." With this language before us, we cannot view
plural marriage in any other light than as a vital principle of our religion. Let the reve-
lation appear in the eyes of others as it may, to us it is a divine command, of equal force
with any ever given by the Creator of the world to His children in the flesh.

The Bible confessedly stands in our nation as the foundation on which all law is
based. It is the fountain from which our ideas of right and wrong are drawn, and it
gives shape and force to our morality ; yet it sustains plural marriage, and in no instance
does it condemn that institution. Not only having, therefore, a revelation from God
making the belief and practice of this principle obligatory upon us, we have the warrant
of the Holy Scriptures and the examples of prophets and righteous men whom God
loved, honored and blessed. And it should be borne in mind that when this principle
was promulgated, and the people of this Territory entered upon its practice, it was not a
crime. God revealed il to us. His divine word, as contained in the Bible which we
have been taught to venerate and regard as holy, upheld it, and there was no law applic-
able to us making our belief or practice of it criminal. It is no crime in this Territory
today, only as the law of 1862, passed long years after our adoption of this principle as
part of our religious faith, makes it such. The law of 1862 is now a fact ; one pro-
scription gives strength to another. What yesterday was opinion is liable today to be
law. It is for this reason that we earnestly and respectfully remonstrate and protest
against the passage of the bill now before the Honorable Senate, feeling assured that,
while it cannot accomplish any possible good it may result in a great amount of misery.

It gives us no alternative but the cruel one of rejecting God's command and abjuring
our religion, or disobeying the authority of a Government we desire to honor and respect.

It is in direct violation of the first amendment of the Constitution, which declares
that " Congress shall make no law respecting an establishment of religion or prohibiting
the free exercise thereof."

It robs our priesthood of their functions and heaven-bestowed powers, and gives
them to justices of the supreme court, justices of the peace and priests whose authority

HISTORY OF UTAH. 429

we cannot recognize by empowering such as the only ones to celebrate marriage. As
well might the law prescribe who shall baptize for the remission of sins, or lay on hands
for the reception of the Holy Ghost.

It encourages fornication and adultery, for all such marriages would be deemed
invalid and without any sacred or binding force by our community, and those thus
united together would, according to their own belief and religious convictions, be living in
a condition of habitual adultery, which would bring the holy relation of marriage into
disrepute, and destroy the safeguards of chastity and virtue.

It is unconstitutional in that it is in direct opposition to Section 9, Article I, of the
Constitution, which provides that " no bill of attainder, or ex post facto law shall be
passed."

It destroys the right of trial by jury, providing for the empaneling of juries composed
of individuals the recognized enemies of the accused, and of foreigners to the district
where a case under it is to be tried ; while the Sixth Amendment to the Constitution
provides that " in all criminal prosecutions the accused shall enjoy the right to a speedy
and public trial by an impartial jury of the state and district wherein the crime shall have
been committed."

It is contrary to the Eighth Amendment to the Constitution, which provides that
excessive fines shall not be imposed, " nor cruel and unusual punishments inflicted."

It violates Section 8, Article 1, of the Constitution, which provides that Congress
shall establish a ^uniform rule of naturalization throughout the United States, in that it
provides, in Section 17, a new, unheard of, and special rule, applicable only to the
Territory of Utah.

It is anti-republican, in that in Section 10 it places men on unequal ground, by
giving one portion of the citizens superior privileges over others, because of their belief.

It strips us, in Sections 17 and 26, of the land we have reclaimed from barrenness,
and which we have paid Government for ; also of all possessory rights to which we are
entitled as settlers.

It authorizes, by Section 14, the sending of criminals into distant military camps and
prisons.

It is most unjust, unconstitutional, and prescriptive, in that it disfranchises and pro-
scribes American citizens for no act, but simply believing in plurality of wives, which the
bill styles polygamy, bigamy, or concubinage, even if they never have practiced or
designed to practice it.

It offers a premium for prostitution and corruption, in that it requires, in Sections 11
and 12, husbands and wives to violate the holiest vows they can make, and voluntarily
bastardize their own children.

It declares in Section 21 marriage to be a civil contract, and names the officers who
alone shall solemnize the rite, when our faith expressly holds it as a most sacred ordi-
nance, which can only be administered by those holding the authority from heaven ; thus
compelling us to discriminate in favor of officers appointed by the Government and against
officers appointed by the Almighty.

It thus takes away the right of conscience, and deprives us of an ordinance upon the
correct administration of which our happiness and eternal salvation depend.

430 HISTORY OF UTAH.

It not only subverts religious liberty, but, in Sections 16 and 19, violates every princi-
ple of civil liberty and true republicanism, in that it bestows upon the Governor the sole
authority to govern jails and prisons, and to remove their wardens and keepers; to appoint
and remove probate judges, justices of the peace, judges of all elections, notaries public
and all sheriffs ; clothing one man with despotic and, in this Republic, unheard-of power.

It thus deprives the people of all voice in the government of the Territory, reduces
them to absolute vassalage, creates a dangerous, irresponsible and centralized despotism,
from which there is no appeal, and leaves their lives, liberties and human rights subject to
the caprice of one man, and that man selected and sent here from afar.

It proposes, in Sections 11, 12 and 17, to punish American citizens, not for wrongs,
but for acts sanctioned by God, and practiced by His most favored servants, requiring them
to call those bad men whom God chose for his oracles and delighted to honor, and even to
cast reflections on the ancestry of the Savior Himself.

It strikes at the foundation of all republican government, in that it dictates opinions
and belief, prescribes what shall and shall not be believed by citizens, and assumes to
decide on the validity of revelation from Almighty God, the author of existence.

It disorganizes and reduces to a chaotic condition every precinct, city and county in
the Territory of Utah, and substitutes no adequate organization. It subverts, by summary
process, nearly every law on our statute book.

It violates the faith of the United States, in that it breaks the original compact made
with the people of this Territory in the Organic Act, who were, at the time that compact
was made, received as citizens from Mexican Territory, and known to be believers in the
doctrines of the Church of Jesus Christ of Latter-day Saints.

We also wish your honorable bodies to understand that the legislature of this Terri-
tory has never passed any law affecting the primary disposal of the soil, but only adopted
regulations for the controlling of our claims and possessions, upon which improvements to
the amount of millions of dollars have been made.

This bill, in Section 36, repeals the law of the Territory containing said regulations,
thereby leaving us destitute of legal protection to our hard-earned possessions, the
accumulated labor of over twenty years, and exposing us to the mercy of land speculators
and vampires.

Gentlemen of the Senate and House of Representatives, this bill would deprive us
of religious liberty and every political right worth having, is not directed against the people
of Utah as men and women, but against their holy religion. Eighteen years ago, and ten
years before the passage of this Anti-Polygamy Act of 1862, one of our leading men,
Elder Orson Pratt, was expressly deputed and sent to the city of Washington, D. C., to
publish and lecture on the principle of patriarchal or plural marriage as practiced by us.

He lectured frequently in that and other cities, and published a paper for some
length of time, in which he established, by elaborate and convincing arguments, the divin-
ity of the revelation commanding plural marriage, given through the Prophet Joseph
Smith, and that the doctrine was sanctioned and endorsed by the highest Biblical authority.
For ten years before the passage of the Act of 1862, this doctrine was widely preached
throughout the Union and the world, and it was universally known and recognized as a
principle of our holy faith. We are thus explicit in mentioning this fact to show that

HISTORY OF UTAH. 431

patriarchal marriage has long been understood to be a cardinal point of our religion. We
would respectfully mention, also in this connection, that while hundreds of our leading
Elders have been in the eastern States and in the city of Washington, not one of them
has been cited to appear as a witness before the Committees on Territories, to prove that
this doctrine is a part of our religion ; gentlemen well knowing that if that were estab-
lished, the law would be null and void, because of its unconstitutionality.

What we have done to enhance the greatness and glory of our country by pioneer-
ing, opening up, and making habitable the vast western region, is before the nation, and
should receive a nation's thanks, not a prescriptive edict to rob us of every right worth
possessing, and of the very soil we have reclaimed and then purchased from the Govern-
ment. Before this soil was United States territory we settled it, and five hundred of our
best men responded to the call of the Government in the war with Mexico, and assisted
in adding to our national domain. When we were received into the Union our religion
was known ; our early officers, including our first governor, were all Latter-day Saints, or
Mormons, for there were few others to elect from ; we were treated as citizens possessing
equal rights, and the original bond of agreement between the United States Government
and the people inhabiting this Territory, conferred upon us the right of self-government in
the same degree as is enjoyed by any other Territory in the Union.

It is declared that the power of the legislature of this Territory, " shall extend to all
rightful subjects of legislation, consistent with the Constitution of the United States and
the provisions of the Organic Act ; and the right of suffrage, and holding office shall be
exercised by citizens of the United States," including those recognized as citizens by the
treaty with the Republic of Mexico, concluded February 2nd, 1848. This compact or
agreement we have preserved inviolate on our part, and we respectfully submit that it is
not in the power of any legislature or congress, legally and constitutionally, to abrogate
and annul such an agreement as the organic law, which this bill proposes to do, without
the consent of both parties. Our property, lands, and buildings, private and public, are
to be confiscated ; our rights of citizenship destroyed ; our men and women subjected to
excessive pains and penalties, because we believe in and practice a principle taught by the
Bible, commanded by divine revelation to us, and sustained by the Christian monarchies
of Great Britain and France among millions of their subjects in their territories of India
and Algeria.

We earnestly, we solemnly appeal to you not to permit this iniquitous, unjustly dis-
criminating and anti-republican measure to become law, and that, too, in violation of the
Constitution, by which one hundred and fifty thousand industrious, peaceable and orderly
persons will be driven to the desperate necessity of disobeying Almighty God, the gov-
ernor of the universe, or of subjecting themselves to the pains arid penalties of this act,
which would be worse than death.

We beseech of you, gentlemen, do not, by the passage of harsh and despotic
measures, drive an inoffensive, God-fearing and loyal people to desperation.

We have suffered, God knows how much, in years past, for our religion. We fled to
the mountain wilds to escape the ruthless hand of persecution ; and shall it be said now
that our Government, which ought to foster and protect us, designs to repeat, in the most
aggravated form the miseries we have been called upon to pass through before ?

432 HISTORY OF UTAH.

What evidence can we give you that plural marriage is a part of our religion, other
than what we have done by our public teaching and publishing for years past ? If your
honorable bodies are not satisfied with what we now present, and what we have previ-
ously published to the world, we beseech you, in the name of our common country and
those sacred principles bequeathed unto us by our revolutionary fathers, in the name of
humanity and in the name of Almighty God, before making this act a law, to send to this
Territory a commission clothed with the necessary authority to take evidence and make a
thorough and exhaustive investigation into the subject, and obtain evidence concerning the
belief and workings of our religious system, from its friends instead of its enemies.

RESOLUTIONS.

First. Resolved, That the Supreme Ruler of the Universe has the right to command
man in the concerns of life, and that it is man's duty to obey.

Second, Whereas, According to the positive knowledge of a large number of persons
now assembled, the doctrine of celestial marriage, or plurality of wives, was revealed to
the Prophet Joseph Smith, and by him established in the Church of Jesus Christ of
Latter-day Saints as a revealed law of God ; therefore be it

Resolved, That we, the members of said Church, in General Mass Meeting assem-
bled, do now most earnestly and solemnly declare before Almighty God that we hold that
said order of marriage is a cardinal principle of our religious faith, affecting us not only
for time, but for all eternity, and as sacred and binding as any other principle of the Holy
Gospel of the Son of God.

Third. Resolved, That celestial marriage, or plurality of wives, is that principle of
our holy religion which confers on man the power of endless lives, or eternal increase,
and is therefore beyond the purview of legislative enactment ; the woman being married
to the man for all eternity, by authority of the Holy Priesthood, delegated from God
to him.

Fourth. Resolved, That marriage is enjoined upon man both by revealed and nat-
ural laws.

Fifth. Resolved, That the practice of plural marriage in this Territory was not a
crime, nor in violation of any Constitutional or divine law. In 1862 it was first declared
to be otherwise by Congressional enactment, and never by any act of ours.

Sixth. Resolned, That we concur with the Roman Catholic Church, the Greek
Church, the Church of England, and other religious denominations, in believing marriage
to be a religious ordinance, and we believe it to be unconstitutional to proscribe our con-
sciences by legislative enactment, or to declare it a civil contract only. "What God hath
joined together let no man put asunder." If not allowed to be Saints, at least permit us to
be Christians.

Seventh. Resolved, That the passage of a law which compels husbands to abandon
their wives, parents their children, and absolves those solemn covenants by which they
are eternally bound to each other in their associations, would be not only a reproach upon
civilized government, but in direct violation of the law of God , and when made applica-
ble to only one Territory, is partial legislation and a flagrant act of persecution.

Eighth. Resolved, That, while we thank the American Bible Society for sending us

HISTORY OF UTAH. 433

the word of God, we think it a strange inconsistency for a Christian nation, which has
received its Bible from inspired men who were polygamists, to send that Bible to us, and
then proscribe and disfranchise us for following the precepts thereof and the practices of its
inspired prophets.

Ninth. Resolved, That while England and France, both civilized and Christian
nations, tolerate and protect over a hundred millions of polygamists in their Territories in
India and Algeria, it is invidious, ungenerous and proscriptive for enlightened and
republican America not to allow in her Territories the same freedom enjoyed under the
government of those monarchies.

Tenth. Resolved, That religious and civil liberty are both essential to the per-
petuity of Republican government, and that in destroying one you destroy the other.

Eleventh. Resolved, That we tender to God, our Father in heaven, our most sincere
and hearty thanks for His great blessings and kindness to our fathers in inspiring them to
establish the Constitution of the United States on the basis of civil and religious liberty,
and that He put it into their hearts to make that instrument the Supreme Law, which
should not in any emergency be transcended, and by which all should be bound.

Twelfth. Resolved, That forty millions of enlightened American citizens, with half
a million of priests, philanthropists and editors, ought to be able to control, without the
aid of legislative enactment, an institution, which they call objectionable and immoral,
through the influence of religion, the power of the press, and moral suasion, against one
hundred and fifty thousand people who consider it a divine institution.

Speeches were then made by Hons. Orson Pratt, John Taylor,
George Q. Cannon and others, and the memorial and resolutions
having been unanimously adopted, the meeting adjourned.

About the time that this gathering convened, another meeting,
not of Mormons, but of Godbeites and conservative Gentiles, assem-
bled at Salt Lake City for a similar purpose. It was a private
meeting, only such as had received invitations being admitted. The
place of assembly was the Masonic Hall, East Temple Street. Among
those present were General George R. Maxwell and Colonel G. B.
Overton, of the U. S. Land Office; J. M. Orr, Esq., U. S. Marshal;
Thomas Marshall, J. W. Carter, R. H. Robertson, Esqs., attorneys ; J.
R. Walker, Samuel Kahn, Warren Hussey, Gentile business men of
the city; Messrs. Eli B. Kelsey, E. L. T. Harrison, Henry W. Law-
rence, William H. Shearman, E. W. Tullidge, T. B. H. Stenhouse and
others representing the New Movement. William Jennings, Esq.,
was also present. The object in view was not to protest against the
Cullom bill in its entirety, but to consider the propriety of memorial-

434 HISTORY OF UTAH.

izing Congress for such a modification of the proposed act as would
render its provisions inapplicable to all polygamous marriages and
associations entered into prior to its passage. The significant fact
in this connection is that several of the New Movement leaders, such
as Messrs. Godbe, Lawrence, Kelsey and Stenhouse — though the
last-named, while a seceder from Mormonism, does not appear to
have formally identified himself with the Godbeites — were polyg-
amists, and were not disposed, any more than their late brethren
of the Church, to turn their plural wives and children out
of doors, as so many Hagars and Ishmaels, even at the dictum of
Congress. The local Gentiles, being interested in the success of the
"schism," would not in a body take issue with their ex-Mormon
allies, nor were they, as a rule, unfeeling enough to wish to see the
Cullom bill, in the shape that it had passed the House, receive the
sanction of the Senate. From motives humanitarian as well as
politic they therefore stood in with their Godbeite associates.
Some of the Gentiles, however — the radical anti-Mormons — had no
such compunctions. Politic they were willing to be, but not
humanitarian, — not in relation to Mormonism, — and such was their
hatred of the system and all connected with it, that some would not,
even for policy's sake, join with the conservatives in their movement
for the modification of the Cullom bill. Among the most pro-
nounced of the radicals were R. N. Baskin, Esq., attorney-at-law,
who was believed by many to have framed the Cullom bill; Colonel
0. J. Hollister, U. S. Revenue Collector for Utah, and General George
R. Maxwell, Register of the Land Office.

At the meeting mentioned, Mr. R. H. Robertson was elected
chairman. He invited a general discussion of the subject which had
brought them together, and called upon Mr. Eli R. Kelsey to
present it.

Mr Kelsey briefly stated the purpose of the meeting, and
reviewed the course which Congress had adopted since the passage of
the act of 1862, and the belief among the people that no steps would
be taken with reference to the enforcement of the anti-polygamy

HISTORY OF UTAH. 435

law. He, therefore, considered Congress responsible, to an extent,
for the present feelings of the people on that subject. He bore
testimony to his desire to uphold the laws and the influence of
the government among the people, but he could not ask people to
break up their families and bastardize their children.

Mr. E. L. T. Harrison said that he came to that meeting upon
invitation. The object of it he understood to be to see if we could
unite upon a memorial to be addressed to the Senate, requesting such
modification of the Cullom bill as would except all marriages
entered into before the passage of the bill. So far as the abstract
principle of polygamy went, he did not believe in the interference of
the Government on such a subject, as he believed that the people of
Utah, and all other Territories, were perfectly capable of adjusting
all such relations themselves. Still, inasmuch as the Government is
not of his opinion, and he desired to sustain law and order, he
would join in any resolution to Congress expressive of a desire for
a modification. He would do this not only out of justice to the
people, but because he believed that it would be in the interest of the
Government. He considered such a modification would greatly tend
to promote a]r.loyal [and grateful feeling among the people, and do
much to bring about that harmony between the Government and the
people of Utah which was so desirable.

Mr. Gordon did not believe in memorializing Congress. If God
originated polygamy He could take care of it. If not, he was not
anxious to have it stand. He was ready to take his own share of
the risk.

Mr. T. B. H. Stenhouse sustained Mr. Kelsey's position. 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 subject. He heard
Mr. Lincoln say himself that if the Mormons let him alone he would
let them alone. He, Mr. S., would join in soliciting for a modifica-
tion of the act. There were many points to which the attention of
Government ought to be called. One was that the circumstances of

436 HISTORY OF UTAH.

the people would not permit a separate provision for their families,
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 involve the people in an amount of loss and
suffering of which the Government had no conception.

Mr. W. H. Shearman said that it was not the object of the meet-
ing to attempt to "dictate" to Congress, as one of the speakers had
intimated, but simply to appeal in a respectful and kindly manner to
the justice and humanity of its members. He (Mr. S.) would feel
just as opposed to the bill were it aimed at any other people than the
Mormons, because he considered it unjust, unconstitutional and
impolitic, and, as an American citizen, he felt that he had a perfect
right to discuss or dissent from any measures of the Government.
He regretted that the people of Utah had, by their past unwise course,
aroused the antagonism of the nation, but the provisions of this bill
were unworthy of so great and magnanimous a government as ours.
A gentleman [Mr. Robertson] had referred to the forcible abolition
of slavery as a precedent; but it should be remembered that
Congress never interfered with that until it became absolutely
necessary to do so to preserve the life of the nation from those who
were in arms seeking its destruction, and that if the South had
submitted sooner, slavery would not have been abolished in the way
it was. But the Mormons were not in arms, and had no disposition
to rebel; he, therefore, felt that they were entitled to the kindly con-
sideration of the Government as children to that of a father. One of
his most serious objections to this bill was, that while compiled
professedly in behalf of woman, it in reality made her the sufferer
and the scape-goat, as it gave every unprincipled man the right to
kick his wives and children out of doors without provision or
redress. In conclusion he said that all he desired to ask Congress
was to so modify the bill as not to interfere with existing social con-
tracts, and thus save the innocent and defenseless from untold misery.

Mr. E. W. Tullidge said : What we ought to do was most clear —
namely, to obey the laws of our country. It was not becoming in us

HISTORY OF UTAH. 437

to cavil with this nation; and to talk of resistance to her will was
not only extravagant, touching our own strength, but decidedly
wrong in principle. It is a fundamental requirement that individ-
uals and communities must obey the laws of the State. The right
of conscience in religious matters cannot be allowed when it sets
aside the laws of the land and the expressed will of a nation; and
we, as a people, have only the same rights in this as other religious
communities. Nevertheless, Congress, in adjusting this most
delicate and complicated matter, should manifest the magnanimity
becoming her humane character, and the same admirable adminis-
tration of justice as in the past. The South had been pardoned
after a rebellion; and, through the generosities of the nation, even
Jeff Davis was forgiven and at large. Should the nation, then, be
less magnanimous to this God-fearing people, — who, if they have
erred, have done so through the force of a religious faith and con-
science such as have often led earnest men to the stake? He would
emphatically appeal to this nation on behalf of the women, whom
Congress believed to have been martyred by polygamy, and would
pray that a new martyrdom might not be inflicted upon them by its
special legislation, making them dishonored wives and dishonored
mothers. He, therefore, proposed that we petition the Senate for a
reconsideration and generous modification of the Cullom bill.

General Maxwell stated his unwillingness to make any such
request of Congress, but said that he would join in any effort to have
the land and disfranchising clauses so modified as not to injure any
who were disposed to be loyal to the government.

Mr. Marshall, of the firm of Marshall & Carter, said that he was
glad of the opportunity of expressing himself in relation to the
Cullom bill. He wished it distinctly understood that he was opposed
to polygamy and would favor any measure which confined itself to
stopping the spread of the practice. For this reason he decidedly
approved the main measures of the bill, provided existing relation-
ships were not interfered with. He testified to his personal
knowledge of the virtue, integrity, and loyalty of many gentlemen

438 HISTORY OF UTAH.

who were already practicing polygamy in Utah, and although he
believed it to be a very great evil he felt that 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, therefore, he should put his name to the proposed
petition even if it stood there alone.

Messrs. Henry Lawrence and William Jennings expressed their
readiness to co-operate with gentlemen in any measures that would
be mutually satisfactory and beneficial to the people of Utah and the
government of the nation, but they had no desire to ask any one to
move in this matter except upon the broad ground of humanity and
justice.

Several other speeches were made, and a committee of seven
was then appointed to draft and forward to Congress a memorial for
such modifications of the Cullom bill as would meet the approval of
the prominent non-Mormons. This committee consisted of Messrs.
J. R. Walker, J. M. Carter, Samuel Kahn, R. H. Robertson, Warren
N. Hussey, Thomas Marshall and 0. J. Hollister. Mr. Hollister, who
was not present at the meeting, and had "authorized no one to make
such use of his name," subsequently declined to act, and Rishop
Tutlle, of the Episcopal Church, kindly consented to fill his place on
the committee.

Mr. Godbe, the New Movement leader, does not seem to have
been present at this meeting, called by his confreres and their
Gentile associates. Early in March he had undertaken a mission to
the City of Washington, preceded by a budget of documents relating
to Utah affairs, sent by the Godbeite leaders through Government
officers to the President, and carrying letters of introduction to
influential persons at the capital. Mr. Godbe had an interview with
Vice-President Colfax, and by him was introduced to President
Grant.

The Utah question was frankly and thoroughly discussed, and
Mr. Godbe took pains to acquaint the nation's chief with the true
status of affairs in the Territory and pleaded for kindly treatment

HISTORY OF UTAH. 439

of the Mormon people by the general government. The President
was much interested in what was told him, and observed during
the conversation that he was as anxious as anyone to save the
Mormon people, and would save them from their "dangerous
leaders," and that if more troops were sent to Utah they would be
designed merely as a "moral force" to give those leaders to under-
stand that the nation intended to enforce her laws in the Territory.
Mr. Godbe, having done all in his power to mollify the heads of the
Government and cause them to think more favorably of Utah,
returned home; not, however, before seeking and securing an inter-
view with General Cullom, and placing before him the local question
and situation in such a light as to cause even that determined
opponent of the Mormons to consider less kindly the obnoxious
measure that he had fathered to their prospective enslavement if not
annihilation. The result of all these movements was that the
Cullom Bill, after its passage by the House of Representatives, died,
like its predecessor, the Cragin Bill, in the Senate, to the infinite
satisfaction of the friends of Utah everywhere, and the correspond-
ing chagrin and disappointment of her enemies.

440 HISTORY OF UTAH.

CHAPTER XVII.

1870.

THE PRATT-NEWMAN DISCUSSION "DOES THE BIBLE SANCTION POLYGAMY" MORMON1SM

VERSUS METHODISM PRELIMINARY CORRESPONDENCE BETWEEN PRESIDENT YOUNG AND

DOCTOR NEWMAN THE GREAT DEBATE IN THE MORMON TABERNACLE PRESS COMMENTS

ON THE EVENT AND ITS RESULT.

[NOTHER act in the religio-political drama of the Colfax-Cullom
period was the celebrated Pratt-Newraan discussion on the
subject of the Rible and Polygamy. It occurred at Salt Lake City in
the summer of 1870. The contestants in the great debate, which
attained a celebrity as world-wide as Christendom, and wherever
telegraphs or newspapers were known, were Elder Orson Pratt, one
of the Twelve Apostles of the Church of Jesus Christ of Latter-day
Saints, and Dr. John P. Newman, Chaplain of the United States
Senate, and pastor of the Metropolitan Methodist Church at
Washington.

The origin of the event was as follows. Dr. Newman, during
the discussion in Congress over the Cullom bill, and especially after
the speech of the Utah delegate, — who in the course of his
argument against that measure cited many passages of scripture in
support of the doctrine of plurality of wives, — had become very
much exercised upon the subject. Jealous, perhaps, that the
Mormon side of the. question had been so prominently and thor-
oughly presented, while Methodism had had no such opportunity to
advance its opposing views, and claiming that the Scriptures were
wrested and perverted by those who cited any portion of them to
sustain the tenet or practice of polygamy, he forthwith began
preaching upon the theme to his fashionable Sabbath congregations.
His sermons were published in the New York Herald, and being

HISTORY OF UTAH. 441

perused were replied to by Apostle Orson Pratt, of Salt Lake City.
This controversy was republished in the Deseret News, and eventually
appeared in pamphlet form at the Utah capital. Dr. Newman took
the ground that the Bible does not sustain polygamy, — that is, the
taking of plural wives, — but on the contrary that it expressly con-
demns it. He doubtless succeeded in convincing the majority of his
hearers, who were believers in monogamy, that his position on that
point was impregnable. Such as he did not convince he probably
silenced with his oratory; for the Doctor was an eloquent speaker,
and though egotistical and pedantic to a degree, had fine elocutionary
powers and possessed on the whole a pleasing delivery, which often
passes, in pulpit and on rostrum, for something weightier; as sound
passes for sense, and "perspiration for inspiration." No one at
Washington, unless it was Delegate Hooper, whose time was fully
occupied with his Congressional duties, even if differing from Dr.
Newman on the subject, cared to court unpopularity by antagonizing
him. Consequently, with no foeman in the field, in his eloquent
assaults upon the domestic relations of the ancient patriarchs and
their modern emulators, from the pulpit of the Metropolitan Church,
beneath the approving nod of President Grant and other dignitaries,
the doughty pastor, in his own mind, came off more than conqueror.
But away out here in Utah — alas for the stubbornness and
stiffneckedness of these Mormons! — it took something more than
elocution and pulpit-pounding, shouting and swinging of arms, a
studied posture and a carefully arranged stray lock of hair on the
forehead,* to convince people of the rightfulness or wrongfulness of
any practice, and while the Saints were diverted by the actions of
the metropolitan pastor, while they read his sermons, and were
pleased and not a little proud that their peculiar institution was
being so prominently noticed, they were far from persuaded that
polygamy, as they and their confreres aimed to practice it, was
wrong, or that the Bible, the record of Moses, Abraham, Jacob and
other patriarchs, some of whom, according to that book, were

* Dr. Newman habitually wore a lock of his hair low down on the brow.

31 -VOL. 2.

442 HISTORY OF UTAH.

actually commanded of God to marry more than one wife, did not
sanction the doctrine.

Finally one of them, reputedly Edward L. Sloan, acting-editor of
the Salt Lake Telegraph, in one of the closing issues of that journal, —
which was just about to expire and be superseded by the Salt Lake
Herald, — intimated to Dr. Newman that he was wasting his ammuni-
tion in preaching against polygamy at Washington, and that he
would do better to come to Salt Lake where the subject was more
apropos, and discuss the question in public with Orson Pratt, or
some other prominent Mormon, in the largest hall obtainable. This
playful banter on the part of the Telegraph editor was construed
by Dr. Newman as a formal challenge — a challenge, too, from
Brigham Young — for him to come to Utah and discuss polygamy
with the Mormon President in the great Tabernacle before ten
thousand people.

It is difficult to believe, — however desirous one is to do the
reverend gentleman no injustice, — that he really supposed the
Mormon leader had issued such a challenge. Certainly there was
little enough ground for the supposition. The Telegraph was not
Brigham Young's organ. Indeed it was not at this time owned by
Mormons, but had passed into the possession of a Doctor Fuller, of
Chicago, who, though retaining some Mormons in his employ, had
taken pains to state through his paper at the time he assumed
ownership, that "the Telegraph is not the organ of any person or
party; it will not be the exponent of any religious doctrine or creed,
but it will speak plainly, independently and honestly on the subjects
it may discuss; and it will defend civil and religious liberty and
Constitutional rights at all times." Neither had Brigham Young's
name appeared directly or indirectly in connection with any
challenge of the kind, nor was he even mentioned in the article
attributed to Editor Sloan. Orson Pratt was the only person
suggested by name to sustain the Mormon side of the question in
case a discussion should ensue.

But Dr. Newman would not have it so. He insisted on debating

HISTORY OF UTAH. 443

with Brigham Young. Possibly he had been informed by Vice-
President Colfax that oratory was not the Mormon leader's forte, and
as he himself was gifted in that direction and a skilled duelist in
debate, he anticipated an easy victory. He had heard more or less
in the east of Orson Pratt, — he [admitted as much during his
discussion with that master of logic and the dead languages, — and
though not distrusting his own ability to cope with "the very
chiefest of the Apostles" he did not seem particularly anxious to
cross swords with Mormonism's mathematical and philosophical
champion. Besides — and this was doubtless his main reason for
wishing to discuss with Brigham Young — it was notoriety that Dr.
Newman was seeking, with all due regard for his other desire, if he
had another, to save the souls of the "sinful Mormons;" and it
stands to reason that in meeting and vanquishing the head and
front of Mormondom, in his own stronghold, with the eyes of
Europe and America, if not of Asia, Africa and the archipelagoes
all gazing at him, he would reap more repute than in encounter-
ing and putting to rout one of twelve Apostles. He therefore
"accepted the challenge," a challenge that had not been given;
picked up the gauntlet, a gauntlet that had not been thrown down,
and deeming himself another David, when in reality he more
nearly resembled Goliath of Gath, boldly announced his intention of
going up to battle against the uncircumcised Mormon Philistine who
had defied the armies of Methodistic Israel.

As for President Young, who had once been a Methodist
preacher himself, and had many times stood up against Christian
polemists in defense of Mormonism, — to say nothing of cabinet
conversations with such men as Greeley, Colfax and a score of
others on the subject of polygamy, — he doubtless would have been
willing, though opposed to debates on principle, to have met and
discussed the question in public with Dr. Newman or any other
gentleman, had it been proper for him to do so. But such a pro-
ceeding would have been manifestly improper, as much so as for Dr.
Newman, in his own church at Washington, to have stepped down

444 HISTORY OF UTAH.

from his pulpit to act the part of door-keeper or usher when such
had already been provided; to pass the plate for contributions after
one of his own sermons, or to act in any subordinate capacity,
however honorable, when there was absolutely no need for such a
service on his part. Tullidge states that Dr. Newman's expectation
of a personal discussion with Brigham Young was as absurd as it
was presumptuous in the Mormon eye, and that as well might he
have journeyed to Rome in the expectation of discussing Catholicism
with the Pope. The comparison is apt, but suppose we add another,
— that of some attache of the British embassy at Washington, or
even the ambassador himself, challenging in those days "the silent
man of the White House" to a public discussion of the comparative
merits and demerits of the monarchial and republican forms of
government. Aside from the fact that President Grant's forte was
not oratory, — though he doubtless could, on occasion, give a reason
for the political faith that was within him, — it would neither have
been dignified nor appropriate for the Chief Magistrate to have so
far condescended; particularly if the evident design of his would-be
opponent had been to gratify personal vanity, and not to subserve
a principle.

Nevertheless up came Dr. Newman to discuss polygamy with
Brigham Young, and that, too, without ever having communicated
with the Mormon leader to ask him whether or not he had issued
a challenge for him to come, or had authorized the article in the
Telegraph which the Methodist pastor had seen fit to misconstrue.
The leading newspapers of the country, though passing strictures
upon Dr. Newman for his evident desire to achieve a vain notoriety,
took up the matter of the proposed debate, and the eyes of the
nation's millions turned with one accord toward Utah, in antici-
pation of the polemical treat in store.

It was early in August, 1870, that Dr. Newman, accompanied by
his wife, and by Reverend Dr. Sunderland, arrived at Salt Lake City.
Immediately there ensued the following correspondence between the
Senate Chaplain and the Mormon President:

HISTORY OF UTAH. 445

DOCTOR NEWMAN TO PRESIDENT YOUNG.

SALT LAKE CITY, Aug. 6th, 1870.
To President Brigham Young,

SIR : — In acceptance of the challenge given in your journal, the Salt Lake Daily
Telegraph of the 3rd of May last, to discuss the question, " Does the Bible sanction
Polygamy ? " I have hereby to inform you that I am now ready to hold a public debate
with you as the head of the Mormon Church upon the above question, under such
regulations as may be agreed upon for said discussion ; and I suggest for our mutual
convenience, that either by yourself or by two gentlemen whom you shall designate, you
may meet two gentlemen whom I will select for the purpose of making all necessary
arrangements for the debate, with as little delay as possible. May I hope for a reply at
your earliest convenience, and at least not later than three o'clock today.

Respectfully, etc.,

J. P. NEWMAN.

PRESIDENT YOUNG TO DOCTOR NEWMAN.

SALT LAKE CITY, U. T., Aug. 6th, 1870.
Rev. Dr. J. P. Newman,

SIR : — Yours of even date has just been received, in answer to which I have to
inform you that no challenge was ever given by me to any person through the columns
of the Salt Lake Daily Telegraph, and this is the first information I have received that
- any such challenge ever appeared.

You have been misinformed with regard to the Salt Lake Daily Telegraph ; it was
not my journal, but was owned and edited by Dr. Fuller of Chicago, who was not a
member of our Church and I was not acquainted with its columns.

Respectfully,

BRIGHAM YOUNG.

DOCTOR NEWMAN TO PRESIDENT YOUNG.

SALT LAKE CITY, Aug. 6th, 1870.
To President Brigham Young,

SIR: — I confess my disappointment at the contents of your note in reply to mine of
this date. In the far East it is impossible to distinguish the local relations between your-
self and those papers which advocate the interests of your Church; and when the copy of
the Telegraph containing the article of the 3rd of May last reached Washington, the only
construction put upon it by my friends was that it was a challenge to me to come to your
city and discuss the Bible doctrine of polygamy.

Had I chosen to put a different construction on that article, and to take no further
notice of it, you could then have adopted the Telegraph as your organ and the said
article as a challenge, which I either could not or dared not accept. That I am justified
in this conclusion is clear from the following facts.

1. The article in the Telegraph of May 3rd, contains these expressions; alluding to
my sermon as reported in the N. Y. Herald, it says : " The discourse was a lengthened

446 HISTORY OF UTAH.

argument to prove that the Bible does not sustain polygamy. * * * The
sermon should have been delivered in the New Tabernacle in this city, with ten thousand
Mormons to listen to it and then Elder Orson Pratt, or some prominent Mormon should
have had a hearing on the other side and the people been allowed to decide. * * *
Dr. Newman, by his very sermon, recognizes the religious element of the question.
* * * Let us have a fair contest of peaceful argument and let the best side
win. We will publish their notices in the Telegraph, report their

discourses as far as possible, use every influence in our power, if any is needed, to secure
them the biggest halls and crowded congregations, and we are satisfied that every oppor-
tunity will be given them to conduct a campaign. We base this last remark on a
statement made last Sunday week in the Tabernacle, by President George A. Smith, that
the public halls throughout the Territory have been and would be open for clergymen of
other denominations coming to Utah to preach. * * * Come on and con-
vert them by the peaceful influences of the Bible instead of using the means now
proposed. Convince them by reason and Scriptural argument and no Cullom bill will
be required."

2. I understand the article containing the above expressions was written by Elder
Sloan, of the Mormon Church, and at that time associate editor of the Telegraph; and
that he was and has since been in constant intercourse with yourself. The expressions
of the said article as above cited were the foundation of the impression throughout the
country that a challenge had thus been given through the columns of the Telegraph, and,
as such, I myself had no alternative but so to regard and accept it. I may add that I am
informed that an impression prevailed here in Utah that a challenge had been given and
accepted. Under this impression I have acted from that day to this, having myself both
spoken of and seen allusions to the anticipated discussion in several prominent papers of
the country.

3. It was not till after my arrival in your city last evening, in pursuance of this
impression, that I learned the fact that the same Elder Sloan, in the issue of the Salt Lake
Herald, of August 3rd, attempts for the first time to disabuse the public of the idea so
generally prevalent. Still acting in good faith and knowing that you had never denied or
recalled the challenge of the 3rd of May, I informed you of my presence in your city and
of the object of my visit here.

My note this morning with your reply will serve to put the matter before the public
in its true light and dispel the impression of very many in all parts of the country, that
such a challenge had been given and that such a discussion would be held.

Feeling that I have now fully discharged my share of the responsibility in the case,

it only remains for me to subscribe myself as before,

Respectfully,

J. P. NEWMAN.

PRESIDENT YOUNG TO DOCTOR NEWMAN.

SALT LAKE CITY, Aug. 6th, 1870.
Rev. Dr. J. P. Newman,

SIR : — It will be a pleasure to us if you will address our congregation tomorrow

HISTORY OF UTAH. 447

morning, the 7th inst., in the small Tabernacle, at 10 a. m., or should you prefer it, in the
New Tabernacle at 2 p. m., same instant, or both morning and evening.

Respectfully,

BRIGHAM YOUNG.
P. S. I hope to hear from you immediately.

DOCTOR NEWMAN TO PRESIDENT YOUNG.

SALT LAKE CITY, Aug. 6th, 1870, 8 o'clock p. m.
To President Brigham Young,

SIR : — In reply to your note just received to preach in the Tabernacle tomorrow, I
have to say that after disclaiming and declining, as you have done today, the discussion
which I came here to hold, other arrangements to speak in the city were accepted by me,
which will preclude my compliance with your invitation.

Respectfully,

J. P. NEWMAN.

PRESIDENT YOUNG TO DOCTOR NEWMAN.

SALT LAKE CITY, U. T., Aug. 6th, 1870.
Rev. Dr. Newman,

SIR : — In accordance with our usual custom of tendering clergymen of every denomina-
tion passing through our city the opportunity of preaching in our tabernacles of worship,
I sent you, this afternoon, an invitation tendering you the use of the small Tabernacle in
the morning, or the New Tabernacle in the afternoon, or both, at your pleasure, which you
have seen proper to decline.

You charge me with " disclaiming and declining the discussion" which you came
here to hold. I ask you, sir, what right you have to charge me with declining a challenge
which I never gave you, or, to assume as a challenge from me, the writing of any unauthor-
ized newspaper editor? Admitting that you could distort the article in question to be a
challenge from me, (which I do not believe you conscientiously could) was it not the duty
of a gentleman to ascertain whether I was responsible for the so-called challenge before
your assumption of such a thing ? and certainly much more so before making your false
charges.

Your assertion that if you had not chosen to construe the article in question as a
challenge from me, I "could then have adopted the Telegraph as your [my] organ and the
said article as a challenge," is an insinuation, in my judgment, very discreditable to your-
self and ungentlemanly in the extreme, and forces the conclusion that the author of it
would not scruple to make use of such a subterfuge himself.

You say that Mr. Sloan is the author of the article ; if so, he is perfectly capable of
defending it, and I have no doubt you will find him equally willing to do so : or Professor
Orson Pratt, whose name, it appears, is the only one suggested in the article. I am con-
fident he would be willing to meet you, as would hundreds of our Elders, whose fitness
and respectability I would consider beyond question.

In conclusion, I will ask, what must be the opinion of every candid, reflecting mind,

448 HISTORY OF UTAH.

who views the facts as they appear ? Will they not conclude that this distortion of the
truth in accusing me of disclaiming and declining a challenge, which I never even con-
templated, is unfair and ungentlemanly in the extreme and must have been invented with
some sinister motive ? Will they not consider it a paltry and insignificant attempt on your
part to gain notoriety, regardless of the truth ? This you may succeed in obtaining ; but I
am free to confess, as my opinion, that you will find such notoriety more unenviable than
profitable, and as disgraceful, too, as it is unworthy of your profession.

If you think you are capable of proving the doctrine of " Plurality of Wives"
unscriptural, tarry here as a missionary ; we will furnish you the suitable place, the con-
gregation, and plenty of our Elders, any of whom will discuss with you on that or any

other scriptural doctrine.

Respectfully,

BRIOHAM YOUXG.

Dr. Newman had indeed accepted an invitation to speak at
Faust's Hall, at 3 p. m. on Sunday, August 7th. He accordingly
held forth at the time and place appointed, the meeting being under
the auspices of the Methodists, who, with Reverend G. M. Pierce,
had recently begun operations in Utah. The congregation com-
prised about four hundred persons, many of them transients ; ladies
and gentlemen, Federal officials, resident Gentiles and Jews, and
apostate Mormons. Dr. Newman's sermon, as might have been
expected after his preliminary tilt with President Young, was a
fierce onslaught upon plural marriage, mingled with much coarse
abuse of those who practiced it. According to the Deseret News, the
men he called "bulls," the women "serfs and slaves," and their
children "brats." Even the ancient patriarchs came in for their
share of his splenetic vituperation. "Lamech, the murderer,"
"Abraham, the coward and equivocator," "Jacob, the swindler, liar
and thief," "Gideon, the bastard and idolater," "David the adulterer
and murderer," and " Solomon, the man who built altars to worship
the God Moloch." These were a few of the pet names bestowed by
the reverend gentleman upon some of the most illustrious lights
of history. Such were his arguments on that occasion against
polygamy. Leaving this subject for the nonce, he delivered a very
beautiful eulogy of the American Flag and the framers of the
Constitution. He then asserted that Congress had the right to

HISTORY OF UTAH. 449

prescribe limits to the religious faith of American citizens, whenever
that faith was contrary to the laws of God and common decency, —
an assertion that those who virtually advocate the establishment of
a State religion for the Union would now roll under their tongues as
a sweet morsel, — and closed with the declaration that polygamy
must be put down by the strong arm of the Government. He
hoped, however, that the laws would be mercifully executed, and he
believed that wise legislation would so control the methods of
suppressing the practice that the women and children would not
suffer; for the men he could not say so much. Such was the
substance of Dr. Newman's first public address at Salt Lake City.
Monday morning, August 8th, he thus replied to President
Young's third letter:

SALT LAKE CITY, Aug. 8th, 1870.
To President Brigham Young,

SIR: — Your last note, delivered to me on Sunday morning, and to which, of course, I
would not on that day reply, does not surprise me.

It will be, however, impossible for you to conceal from the public the truth, that with
the full knowledge of my being present in your city for the purpose of debating with you
or your representative the question of Polygamy, you declined to enter into any arrange-
ments for such a discussion ; and after this fact was ascertained, I felt at liberty to comply
with a subsequent request from other parties, which had been fully arranged before the
reception of your note of invitation to preach in your Tabernacle.

I must frankly say that I regard your professed courtesy, extended under the circum-
stances as it was, a mere device to cover, if possible, your unwillingness to have a fair dis-
cussion of the matter in question in the hearing of your people.

Your comments upon "disclaiming and declining the discussion" are simply a reitera-
tion of the disclaimer; while in regard to your notice of my construction of the article
in the Telegraph of May last, I have only to leave the representations you have seen fit to
make to the judgment of a candid public, sure to discover who it is that has resorted to
"subterfuge" in this affair. Your intimation that Elder Sloan, Prof. Pratt or hundreds of
other Mormon Elders would be willing to discuss the question of polygamy with me from
a Bible standpoint, and your impertinent suggestion that I tarry here as a missionary for
that purpose, I am compelled to regard as cheap and safe attempts to avoid the appearance
of shrinking from such discussion by seeming to invite it after it had, by your own
action, been rendered impossible. As to the Elders you speak of, including yourself, being
ready to meet me in public debate, I have to say that I came here with that understanding
and expectation, but it was rudely dispelled, on being definitely tested. Were it possible
to reduce these vague suggestions of yours to something like a distinct proposition for a

450 HISTORY OF UTAH.

debate, there is still nothing in your action, so far, to assure me of your sincerity, but, on
the contrary, everything to cause me to distrust it.

I have one more point of remark. You have insinuated that my motive is a thirst
for " notoriety." I can assure you that if I had been animated by such a motive you
give me small credit for good sense by supposing that I would employ such means.
Neither you nor the system of which you are the head, could afford me any " notoriety "
to be desired.

But, to show how far I have been governed by merely personal aspirations, let the
simple history of the case be recalled.

You send your delegate to Congress who, in the House of Representatives and in
sight and hearing of the whole nation, throws down the gauntlet upon the subject of
polygamy as treated in the Bible. Being chaplain of the American Senate, and having
been consulted by several public men, I deemed it my duty to preach upon the subject.
The discourse was published in the New York Herald, and on thus reaching your city
one of your elders published an article which is construed as a challenge to me to debate
the question with you or some one whom you should appoint, here in your Tabernacle.
Acting upon this presumption, I visit your city, taking the earliest opportunity to inform
you, as the head of the Mormon Church, of my purpose and suggesting the steps usual in
such cases. You then reply, ignoring the whole subject, but without a hint of your
'• pleasure " about my preaching in the Tabernacle.

Subsequently other arrangements were made which precluded my accepting any
invitation to speak in your places of worship. The day passed away, and after sunset
1 received your note of invitation, my reply to which will answer for itself. And this
you intimate is an attempt on my part to obtain " unenviable notoriety."

Sir, I have done with you — make what representations of the matter you may think
proper, you will not succeed in misleading the discriminating people either of this Ter-
ritory or of the country generally by any amount of verbiage you may choose to employ.

Respectfully, etc.,

J. P. NEWMAN.

The next day Dr. Newman received from a number of non-
Mormon gentlemen the following communication, to which he
returned the appended answer:

SALT LAKE CITY, Aug. 9th, 1870.
Rev. J. P. Newman,

DEAR SIR: — Pardon the liberty which we the undersigned citizens of this place
hereby take in addressing you in reference to the object of your present visit. Having
seen in the News of last evening and the Herald of this morning, an attempt to make
the impression upon the public that you are, after all, unwilling to debate the question
" Does the Bible sanction Polygamy? " with Brigham Young, as the chief of the Church
of Latter-day Saints, and to debate it now and here, we desire to know from you directly
whether such is the fact and we would respectfully request a reply, that we may be able

HISTORY OF UTAH. 461

to set the matter in its true light by publishing the whole correspondence, as we will seek
to do, in an extra of the Tribune to be issued at the earliest possible moment.

Very respectfully,

JOHN P. TAGGART,
J. H. WICKIZER,
GEO. R. MAXWELL,

G. B. OVERTON,

J. F. WOODMAN.

SALT LAKE CITY, Aug. 9th, 1870.
To Messrs. J. P. Taggart and others,

GENTLEMEN : — In reply to yours of this date, requesting to know if I am willing to
hold a debate here and now, on the question " Does the Bible Sanction Polygamy ? " with
Mr. Brigham Young, as the chief of the Mormon Church, I have to state that this was the
express purpose for which I came here, as appears from my first note to him. The cor-
respondence between him and myself has, however, developed, on his part, such a line of
conduct that I had fully determined to have nothing more to do with him. But as I
came here in full faith to debate the question with him, regarding myself as the chal-
lenged party, and as he endeavors to escape by a denial that he has ever challenged me,
I will put the matter now beyond dispute by sending him a challenge.

It shall be done immediately, and a copy of the same shall be furnished for the extra
of which you speak.

Very respectfully, etc.,

J. P. NEWMAN.

Correspondence was then reopened between Dr. Newman and
President Young as follows :

SALT LAKE CITY, Aug. 9th, 1870.
To Mr. Brigham Young,

SIR : In view of the enclosed communication, received from several citizens of this
place, asking whether I am ready now and here to debate the question " Does the Bible
Sanction Polygamy ? " with you, as the chief of the Church of Latter-day Saints, and in
view of the defiant tone of your Church journals of last evening and this morning ; and
in view of the fact that I have been here now four days waiting to have you inform me
of your willingness to meet me in public discussion on the above question, but having
received no such intimation up to this time of writing, therefore I do here and now chal-
lenge you to meet me in personal and public debate, on the aforesaid question. I respect-
fully suggest that you appoint two gentlemen to meet Rev. Dr. Sunderland and Dr. J. P.
Taggart, who represent me, to make all necessary arrangements for the discussion.

Be kind enough to favor me with an immediate reply.

Respectfully,

J. P. NEWMAN.

Residence of Rev. Mr. Pierce.

452 HISTORY OF UTAH.

SALT LAKE CITY, August 9th, 1870.
Rev. J. P. Newman,

SIR : — Your communication of today's date, with accompanying enclosure, was
handed to me a few minutes since by Mr. Black.

In reply, I will say I accept the challenge to debate the question, " Does the Bible
sanction Polygamy ? " Professor Orson Pratt or Hon. John Taylor acting for me as my
representative, and in my stead in the discussion. I will furnish the place of holding the
meetings, and appoint two men to meet Messrs. Sunderland and Taggart, to whom you
refer as your representatives, to make the necessary arrangements.

I wish the discussion to be conducted in a mild, peaceable, quiet spirit, that the
people may receive light and intelligence and all be benefitted ; and then let the congrega-
tion decide for themselves.

Respectfully,

BRIGHAH YOUNG.

CITY, Aug. 9th, 1870.
Rev. J. P. Newman.

SIR: — I have appointed Messrs. A. Carrington and Joseph W. Young to meet with
Messrs. Sunderland and Taggart, to arrange preliminaries for the discussion.

Respectfully,

BRIGHAH YOUNG.

SALT LAKE CITY, Aug. 9th, 1870.
To Mr. Brigham Young,

SIR : — I challenged you to a discussion and not Orson Pratt or John Taylor. You
have declined to debate personally with me. Let the public distinctly understand this fact,
whatever may have been your reasons for so declining. Here I think I might reasonably
rest the case. However, if Orson Pratt is prepared to take the affirmative of the question,
" Does the Bible sanction Polygamy ? " I am prepared to take the negative, and Messrs.
Sunderland and Taggart will meet Messrs. Carrington and Young tonight at eight o'clock
at the office of Mr. Taggart, to make the necessary arrangements.

Respectfully, etc.,

J. P. NEWMAN.

SALT LAKE CITY, U. T. Aug. 10th, 1870.
Rev. Dr. J. P. Newman,

SIR : — I am informed by Messrs. Carrington and Young that at their meeting last
evening with Drs. Sunderland and Taggart they were unable to come to a decision with
regard to the wording of the subject of debate.

Bearing in mind the following facts : Firstly — that you are the challenging party.
Secondly — That in a sermon delivered by you in the city of Washington, before President
Grant and his Cabinet, members of Congress and many other prominent gentlemen, you
assumed to prove that God's law condemns the union in marriage of more than two per-
sons, it certainly seems strange that your representatives should persistently refuse to have
any other question discussed than the one " Does the Bible sanction Polygamy ? " It
appears to the representatives of Mr. Pratt that if Dr. Newman could undertake to prove

HISTORY OF UTAH. 453

in Washington that " God's law condemns the union in marriage of more than two per-
sons," he ought not to refuse to make the same affirmation in Salt Lake City. Mr. Pratt,
I discover, entertains the same opinion, but rather than permit the discussion to fall, he
will not press for your original proposition, but will accept the question as you now state
it, " Does the Bible sanction Polygamy ? "

I sincerely trust that none of the gentlemen forming the committee will encumber the
discussion with unnecessary regulations, which will be irksome to both parties and unpro-
ductive of good, and that no obstacles will be thrown in the way of having a free and fair
discussion.

Respectfully,

BRIGHAM YOUNG.

The conditions of the debate, as finally arranged and mutually
agreed upon by the representatives of the two parties, were as
follows :

CONDITIONS OF THE DEBATE.

1. The question to be discussed is, " Does the Bible sanction polygamy ?" Pro-
fessor Pratt to take the affirmative and Dr. Newman the negative.

2. The Bible, in the original and English tongues, shall be the only standard of
authority in this debate, the disputants, however, being free to quote from any other works
or sources of information.

3. The place for holding the discussion shall be the New Tabernacle.

4. There shall be three sessions on three consecutive days, each session to con-
tinue two hours — that is, giving each disputant one full hour at every session, the affirm-
ative to have the first hour- and the negative to have the last hour. The first session to
be held on Friday, August 12th, 1870, at two o'clock p. M., and the second and third
sessions at the same hour successively, on Saturday and Sunday, the 13th and 14th of
the present month.

5. There shall be three umpires, one to be chosen by Prof. Pratt, one by Dr.
Newman and a third by these two, and the three shall unitedly preside at the discussion,
preserve its dignity and decorum and enforce the usual rules which govern parliamentary
debate.

6. No manifestation of dissent or approval shall be permitted during the progress
of the discussion, nor shall either disputant be interrupted by the other while speaking,
for any cause whatever. Corrections of statements or misunderstandings shall be made in
the body of the subsequent reply.

7. Each disputant to have his own reporters and one other assistant in the labors
of the debate ; but such assistant shall take no part in the speaking.

8. The Tabernacle and necessary attendance to be furnished free of charge, and
children under eight years of age not to be admitted.

9. At the close of the debate no formal decision to be taken.

10. Each session to be opened and closed by prayer under the direction of the
speakers.

454 HISTORY OF UTAH.

The umpire chosen by Apostle Pratt was Judge Zerubbabel
Snow; the one chosen by Dr. Newman was Judge C. M. Hawley; the
third, selected by these two, was Colonel M. T. Patrick, U. S. Marshal.

At 2 p. m., Friday, August 12th, the great discussion began, and
continued on the afternoons of the two days following. At the
first session about three thousand people were present, the major
part of them ladies; but on the ensuing day, the news having
spread, there was a much larger attendance. On Sunday, which
witnessed the close of the debate, the immense building was packed ;
probably eleven thousand people, many of whom were unable to
obtain seats, listening with the deepest interest to the arguments of
the speakers. Many of the auditors had come in from the sur-
rounding settlements, and some were from places more remote. The
question: "Does the Bible Sanction Polygamy?" was thoroughly
ventilated, and the arguments pro and con published in full from day
to day by the local papers. The New York Herald also published a
verbatim report of each day's proceedings, and every other leading
journal throughout the land gave a daily synopsis of the arguments.
It was hardly to be expected, in view of the dense prejudice existing
against the Mormons and the polygamic feature of their faith, that
the majority of those who read the reports of the discussion would
concede that the Mormon Apostle bore off the palm. Nevertheless,
it was evident from the tone of most of the journals that such was
indeed the case.

They did not, of course, concede that polygamy was right, but
they virtually admitted that the Mormon Apostle had shown, and
the Methodist pastor had failed to disprove, that the Bible sanctioned
the practice. The correctness of this position has not been disputed
by the profoundest scriptorians since the days of Luther and
Milton.* We will quote from some of the journals a little later.
What we desire to do now is to place before the reader in succinct
form the principal arguments of the two champions.

* One of the poet Milton's most celebrated theological treatises was entitled " Christian
Doctrine," justifying plurality of wives from a Bible standpoint.

u
O

i~<
V

HISTORY OF UTAH. 455

On Friday afternoon Judge Hawley having called the assembly
to order, and Apostle John Taylor having offered prayer, the former
introduced to the congregation Professor Orson Pratt, as the opening
speaker. The "introduction" caused a slight titter in the body of
the house, owing to the fact that the man introduced — Professor
Pratt — was well known to nearly everyone present, while his intro-
ducer— Judge Hawley — a recent arrival in Utah, was almost entirely
unknown. The ripple of merriment speedily subsided, however, and
Professor Pratt plunged at once into the subject under discussion,
taking the affirmative of the question : " Does the Bible sanction
Polygamy?"

His first reference to the Scriptures in support of the proposi-
tion was Deuteronomy, Chapter XXI, 15th to 17th verses, beginning:
"If a man have two wives," etc.; which the speaker claimed was a
sanction of a plurality of wives, as the law cited was given to
regulate inheritances in polygamic families, of which, he maintained,
there were many in ancient Israel, and the scriptures nowhere
condemned them; polygamy being as lawful as monogamy and both
systems being practiced in those times. In this connection the
speaker referred to the Patriarch Jacob, who had four wives and
twelve sons by those wives, and showed that when Reuben, the
eldest son, lost his birth-right through transgression, it was given to
Joseph, the son of Jacob's second wife, or rather to Joseph's two
sons, Ephraim and Manasseh, as recorded in the fifth chapter of 1st
Chronicles. The House of Israel was not only founded in polygamy,
but from Jacob's four wives and twelve sons sprang the twelve tribes
of Israel, who continued the polygamic practice of their ancestor
Jacob, surnamed Israel. The speaker also referred to Exodus, XXI,
10, containing the sentence: "If he take him another wife, her food,
her raiment, and her duty of marriage shall he not diminish," and
claimed that it had reference to two lawful wives. Another law on the
subject of polygamy was to be found in Deuteronomy XXV, begin-
ning with the fifth verse, which reads: "If brethren dwell together
and one of them die, and have no child, the wife of the dead shall

456 HISTORY OF UTAH.

not marry without unto a stranger; her husband's brother shall go
in unto her, and take her to him to wife, and perform the duty of a
husband's brother unto her." The speaker claimed this to be a
general law applicable to married as well as unmarried brothers, or,
as the margin gave it, "next kinsman."^ Such a law, it was argued,
must have made a vast number of polygamists in Israel, from the
day it was given down to the coming of Christ, as there was a
penalty attached for disobedience to the law, and the Christian
religion must have admitted such polygamists into the Church, with
their plural wives, since it was the same God who gave the law that
afterwards instituted the Church of Christ. The case of Lamech,_a
polygamist and a murderer, was [offset with that of Cain, a
monogamist and a murderer. Professor [Pratt ^vould not maintain
that Cain's crime was due to monogamy; nor would he concede that
Lamech's crime was due to polygamy. The fact that Adam had but
one wife did not preclude his descendants from having more than
one; any more than the fact that Adam had but one garden to keep
prohibited his descendants from keeping more. As Delegate Hooper
had remarked in Congress, Adam had taken all the women in the
world, and had there been more he might have taken them; there
was no law of limitation to prevent him. The speaker next cited
Numbers XXXI, 17, 18, and Deuteronomy XXI, 10-14, relative to
the treatment by Israel of women taken captive in war. The men of
Israel were at' liberty to marry them, regardless of polygamy or
monogamy in the premises. In Exodus XXII, 16, 17, and in
Deuteronomy XXII, 28, 29, God commanded male seducers and
rapists to marry their victims, regardless of whether those males
were married or unmarried at the time. In 2nd Chronicles XXIV,
2, 3, 15, 16, it was stated that Jehoida the priest took for Joash " two
wives," and that Joash, who was thus made a polygamist, "did that
which was right in the sight of the Lord all the days of Jehoida the
priest," and that when Jehoida died, at the age of one hundred and
thirty years, "they buried him in the city of David among the kings,
because he had done good in Israel, both toward God and toward his

HISTORY OF UTAH. 457

house." The speaker next referred to Hosea I, 2, 3, and III, 1-6, to
show that the Almighty sometimes required strange things of a
prophet, which might tempt the world to reject him; commandments
which were not binding upon subsequent prophets or peoples; and
to other passages of scripture which proved that God would give
commands or revoke them as it pleased Him. In conclusion
Professor Pratt stated that the Latter-day Saints did not practice
polygamy because God commanded it in ancient times, or because
good men practiced it, according to that commandment, but because
He had commanded it to be practiced in this day. Such was the
substance of the opening speech of the discussion.

Dr. Newman was then introduced by Judge Hawley. The
reverend gentleman was evidently nonplussed by the argument .
which had just been made, and seemed anxious to get back to his
boarding house and consult his books before attempting a complete
reply. This was apparent from the rambling and partly irrelevant
nature of his address, which, though eloquent, and containing some
beautiful passages of poetic thought, was not to the point, except in
places, and in this respect was in striking contrast to the direct,
incisive, yet simple and unpretentious statement of his opponent.
It was perfectly plain that Dr. Newman's object in his first address
was to "kill time" and let his hour expire without attempting a
rebuttal of Professor Pratt's argument. He first analyzed, after the
manner of the modern orthodox expounder of scripture, the
question: "Does the Bible sanction Polygamy?'' — dwelling long
upon each of the three principal words — "Bible," "Sanction," "Po-
lygamy"— and fully explaining their meaning. The substance of this
part of his dissertation, which consumed fully half an hour, when it
might have been done in ten minutes, was this: that the Bible
meant the good book as it is today, without reference to the original
manuscripts or to subsequent records of alleged revelations; that
sanction meant command, or positively expressed approbation, not
merely toleration, or a statement of facts; and that polygamy meant
many marriages, and might imply a plurality of husbands as well

32-VOL. 2.

458 HISTORY OF UTAH.

as of wives. He should therefore scout the word polygamy and
use instead for the purposes of this discussion the word polygyny,
which signified more wives than one. The speaker then showed
that the design of marriage, as originally established in Eden, was
three-fold — companionship, procreation and prevention. Companion-
ship was first, the union of two loving hearts, such as Adam and
Eve; procreation was next, and when God reserved in the Ark at the
time of the Deluge, men and women to re-people the earth, he took
four of each sex, Noah and his three sons, each with one wife, for
that purpose. The third design of marriage was to prevent the
indiscriminate intercourse of the sexes, and man was thus lifted
above the level of the brutes. The speaker then compared the two
systems, monogamy and polygamy ; eulogized the former, ridiculed
the latter, and finally, after fifty minutes of his hour had elapsed,
and only ten minutes remained, began to rebut the arguments put
forth by his opponent. Said Dr. Newman: "My only regret is that
my distinguished friend, for whose scholarship I have regard, did
not deliberately take up one passage, and exhaust that passage,
instead of giving us here a passage and there a passage, simply
skimming them over without going to the depths, and showing their
philological relation and their entire practical bearing upon us."
He then added vaingloriously : "When my friend shall give us
such an exegesis and analysis, whether he quotes Hebrew, Greek or
Latin I will promise him that I will follow him through all the
mazes of his exposition, and I will go down to the very bottom of
his argument." Dr. Newman then referred to Lamech the po-
lygamist and murderer, and claimed, because he said to his wives:
"I have slain a man," that said man must have been coming to
"claim his rights" — that is, one of Lamech's wives — when Lamech
slew him. But Cain's act of murder, he maintained, did not grow
out of monogamy. He declared that the words of Malachi: "Why
have ye dealt treacherously with the wife of your youth?" were a
rebuke to the Jews for their practice of polygamy; that the first
marriage in the Garden of Eden was the great model for all subse-

HISTORY OF UTAH. 459

quent marriages; that Christ re-enacted that law of monogamy when
he answered the Pharisees touching divorce: "Have ye not read
that in the beginning God created them male and female1?" and that
St. Paul corroborated those words of Jesus, in saying: "God created
them male and female, one flesh." This closed the first day's
proceedings.

Saturday afternoon the discussion was resumed. From Pro-
fessor Pratt's argument on that occasion we will present the
following excerpts :

LADIES AND GENTLEMEN : — We again come before you this afternoon, being the
second session of our discussion, to examine the question : " Does the Bible sanction
Polygamy ? " I will here remark, that yesterday afternoon I occupied one hour upon the
subject, and brought forth numerous evidences from the Bible to show that polygamy was
a divine institution sanctioned by the Bible, and sanctioned by the Almighty, who gave
the laws contained in the Bible. » * * It was stated in the course of the
remarks of the reverend gentleman in relation to polygamy, or polygyny, whichever term
we feel disposed to choose, that marriage with more than one woman is considered
adultery. I will read one or two of Mr. Newman's sentences. " Take his exposition"-
that is the Savior's — " Take his exposition of the ten commandments as they were given
amid the thunders of Mount Sinai, and you find he has written a commentary on the
Decalogue, bringing out its hidden meaning, showing to us that the man is an adulterer
who not only marries more women than one, but who looks on a woman with salacial
lust. Such is the commentary on the law by the Lord Jesus Christ."

With part of this I agree most perfectly. If a man, according to the great com-
mentary of our Savior, looks upon a woman with a lustful heart and lustful desire, he
commits adultery in his heart, and is condemned as an adulterer. With the other part I
do most distinctly disagree. It is merely an assertion of the reverend gentleman. No
proof was adduced from the New Testament scriptures ; no proof was advanced as the
words of the great commentator, the Lord Jesus Christ, to establish the position that a
man who marries more than one woman is an adulterer. If there is such a passage
contained within the lids of the New Testament, it has not come under my observation.
It remains to be proved, therefore.

We will now pass on to another item, that is, the meaning of the word " sanction :"
" Does the Bible sanction Polygamy?" I am willing to admit the full force and meaning of
the word sanction. I am willing to take it in all of its expositions as set forth in Webster's
unabridged edition. I do not feel like shirking from this, nor from the definition given. Let
it stand in all its force. "The only adequate idea of sanction," says Mr. Newman, "is the
divine and positive approbation, plainly expressed;" or stated so definitely and by such
forms of expression as to make a full and clear equivalent. It is in this way that we take
the term sanction in the question before us. Admit that it must be expressed in definite
terms, these terms were laid before the congregation yesterday afternoon. From this Bible,

460 HISTORY OF UTAH.

King James' translation, passage after passage was brought forth to prove the divine
sanction of polygamy ; direct commands in several instances, wherein the Israelites were
required to be polygamists ; and in one instance, especially, where they were required
under the heaviest curse of the Lord, " Cursed be he that continueth not in all things
written in this book of the law ; and let all the people say Amen," was the expression.
I say, under this dreadful curse and the denunciations of the Almighty, the people were
commanded to be polygamists.

I waited in vain yesterday afternoon for any rebutting evidence and testimony against
this divine sanction. I was ready with my pencil and paper to record anything like such
evidence, any passage from the Bible to prove that it was not sanctioned. I heard a
remarkable sermon, a wonderful flourish of oratory. It certainly was pleasing to my
cars. It fell upon me like the dews of heaven, as it were, so far as oratorical power was
concerned. But where was the rebutting testimony ? What was the evidence brought
forth ? Forty-nine minutes of the time were occupied before it was even referred to ;
forty-nine minutes passed away in a flourish of oratory, without having the proofs in
rebuttal and the evidence examined which I had adduced. Then eleven minutes were left.
I did expect to hear something in those eleven minutes that would in some small degree
rebut the numerous evidences brought forth to establish and sanction polygamy. But I
waited in vain. To be sure, one passage, and only one that had been cited, in Deuter-
onomy, was merely referred to ; and then, without examining the passage and trying to
show that it did not command polygamy, another item that was referred to by myself
with regard to Lamech and Cain was brought up. Instead of an examination of that
passage, until the close of the eleven minutes, the subject of Abel's sacrifice and Cain's
sacrifice, and Cain's going to the land of Nod and marrying a wife, and so on, occupied
the time. All these things were examined, and those testimonies that were brought
forth by me were untouched. * * *

The murder that Cain committed in slaying his brother Abel does not prove any-
thing against the monogamic form of marriage, nor anything in favor of it. It stands as
an isolated fact, showing that a wicked man may be a monogamist. How in regard to
Lamech ? Lamech, so far as recorded in the Bible, was the first polygamist ; the first on
record. There may have been thousands and tens of thousands who were not recorded.
There were 'thousands and tens of thousands of monogamists, yet, I believe, we have
only three cases recorded from the creation to the flood, a period of some sixteen hundred
years or upwards. The silence of scripture, therefore, in regard to the number of
polygamists in that day, is no evidence whatever.

But it has been asserted before this congregation that this first case recorded of a
polygamist brought in connection with it a murder ; and it has been indicated or inferred
that the murder so committed was in defence of polygamy. This I deny ; and I called
upon the gentleman to bring forth one proof from that Bible, from the beginning to the
end of it, to prove that murder had anything to do in relation to the polygamic form of
marriage of Lamech. It is true he revealed his crime to his wives, but the cause of the
crime is not stated in the book. What, then, had it to do with the divinity of the great
institution established called polygamy ? Nothing at all. It does not condemn polygamy
nor justify it, any more than the murder by Cain condemns or justifies the other form
of marriage.

HISTORY OF UTAH. 461

Having disposed of these two cases, let me come to the first monogamist, Adam.
Let us examine his character, and the character of his wife. Lamech " slew a young
man to his wounding, a young man to his hurt." That was killing one, was it not ?
How many did Adam kill ? All mankind ; murdered the whole human race. How ?
by falling in the garden of Eden. Would mankind have died if it had not been for the
sin of this monogamist? No. Paul says " that as in Adam all die, so in Christ shall all
be made alive." It was by the transgression of the first monogamist and his monogamic
wife, that all mankind have to undergo the penalty of death. It was the cause, and I
presume it will be acknowledged on the part even of monogamists that it was a great
crime. What can be compared with it ? Was Gain's crime, or Lamech's crime to be
compared with the crime of bringing death and destruction, not only upon the people of
the early ages, but upon the whole human race ? But what has all that to do with
regard to the divinity of marriage? Nothing at all. It does not prove one thing or the
other. But when arguments of this kind are entered into by the opponents of polygamy,
it is well enough to examine them and see if they will stand the test of scripture, and
sound reason, of sound argument and sound judgment. Moreover, Adam was not only
guilty of bringing death and destruction upon the whole human race, but he was the
means of introducing fallen humanity into this world of ours. Why did Gain slay Abel ?
Because he was a descendant of that fallen being. He had come forth from the loins of
the man who had brought death into the world. When we look abroad and see all the
various crimes, as well as murder, that exist on the face of the globe, when we see man-
kind committing them ; see all manner of degradation and lust ; see the human family
destroying one another, the question might arise, What has produced all these evils
among men? They exist because a monogamic couple transgressed the law of heaven.

The learned gentleman referred us to a saying of that great man Martin Luther,
concerning the relationship that exists between husband and wife. It was a beautiful
argument. I have no fault whatever to find with it. And it is just as applicable to
polygamy as to monogamy. The answer of Martin Luther to the question put to him —
Why God took the female from the side of man, is just as appropriate, just as consistent
with the plural form of marriage as it is with the other form. He did not take the
' woman from the head. Why ? The argument was that the man should be the head, or
as Paul says — " Man is the head of the woman," and that is his position. I believe my
learned opponent agrees with me perfectly in this, so there is no dispute upon this
ground. Why did not he take the woman from the foot. Because man is not to
tyrannize over his wife, nor tread her under foot. Why did he take her from his side ?
Because the rib lies nearest the heart, showing the position of woman. Not only one
woman but two women, five women, ten women, twenty women, forty women, fifty
women, may all come under the protecting head. Jesus says : "No man can serve two
masters," because he may love the one and hate the other, cleave unto the one and turn
away from the other ; but it is not so with women under the protecting head. *

I think monogamists as well as polygamists, when they reflect, will say that a
woman having more than one husband would destroy her own fruitfulness. Even if she
did have offspring, there would be another great difficulty in the way, the father would be
unknown. Would it not be so? All knowledge of the father would be lost among the

462 HISTORY OF UTAH.

children. Is this the case with a plurality of wives ? No.' If a man have fifty wives
the knowledge of the father is as distinct as the knowledge of the mother. It is not
destroyed, therefore. The great principle of parentage on the part of the husband, on the
part of the father is preserved. Therefore it is more consistent, more reasonable, first for
procreation, and secondly for obtaining a knowledge of parentage, that a man should have
a plurality of wives than that a woman should have a plurality of husbands.

Again : a man with a plurality of wives is capable of raising up a very numerous
household. You know what the scriptures have said about children : " Children are the
heritage of the Lord, and the fruit of the womb is his reward." This being the case, a
faithful, righteous,"] holy man, who takes, according to the great, divine institution of
polygamy, a plurality of wives, is capable of multiplying his offspring ten or twenty fold
more than he could by one wife. Can one wife do this by polyandry ? No. Here then
is a great distinction between the male and the female. * * * A man has
the ability, a man has the power to beget large families and large households. Hence we
read of many of the great and notable men who judged Israel ; one man had thirty
sons — his name was Jair : you will find it recorded in the Judges of Israel ; and another
had thirty sons and thirty daughters ; while another Judge of Israel had forty sons. And
when we come to the Gideon we have named, he had seventy-two. Now, we have
nothing to do with the righteousness of these men, or their unrighteousness, in this con-
nection. That has nothing to do with the marriage institution. God has established it
by divine command. God has given it his own sanction, whether it be the polygamic
or the monogamic form. If Gideon afterwards fell into idolatry, as the reverend gentle-
man may argue, that has nothing to do with the matter. He had the power to beget
seventy-two sons, showing he had a superior power to that of the female.

Right here, I may say, God is a consistent being ; a being who is perfectly consistent,
and who delights in the salvation of the human family. A wicked man may take unto
himself a wife, and raise unto himself a posterity. He may set before that wife and her
posterity a very wicked example. He may lead those children by his drunkenness, by his
blasphemy, by his immoralities, down to destruction. A righteous man may take fifty
wives, or ten, as you choose ; and he will bring up his children in the nurture and admo-
nition of the Lord ; he will instruct them in the great principles of righteousness and
truth, and lead them along and bring them up by his example and by his teachings to
inherit eternal life at the right hand of God, with those polygamists of ancient times,
Abraham and Jacob of old, who are up yonder in the Kingdom of God. Which of the
two is the Lord most pleased with ? The man who has five, or ten, or twenty wives,
bringing up his children, teaching them, instructing them, training them so that they may
obtain eternal life with the righteous in the Kingdom of God ; or the monogamist that
brings up his children in all manner of wickedness, and finally leads them down to hell ?

**********

I shall expect this afternoon to hear some arguments to refute those passages brought
forward to sustain polygamy as well as monogamy ; and if the gentleman can find no
proof to limit the passages I have quoted to monogamic households, if there is no such
evidence contained in the passages, and there is nothing in the original Hebrew as it now
exists to invalidate them, then polygamy as a divine institution stands as firm as the

HISTORY OF UTAH. 463

throne of the Almighty. And if he can find that this form of marriage is repealed in
the New Testament ; if he can find that God has in any age of the world done away with
the principle and form of plural marriage, perhaps the argument will rest with the other
side. I shall wait with great patience to have some arguments brought forth on this sub-
ject. We are happy, here in this Territory, to have the learned come among us to teach
us. ******#*#

Mr. Newman has said he would like nine hours to bring forth his arguments and his
reasonings 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 ; and try and reclaim this poor people from being the " awful beastly " people
they are represented abroad. We are very fond of the scriptures. We do not feel free to
comply with a great many customs and characteristics of a great many of those who call
themselves Christians. Much may be said upon this subject ; much, too, that ought to
crimson the faces of those who call themselves civilized, when they reflect upon the
enormities, the great social evils, that exist in their midst. Look at the great city of New
York, the great metropolis of commerce. That is a city where we might expect some of
the most powerful and learned theologians to hold forth, teaching and inculcating princi-
ples and lessons of Christianity. What exists in the midst of that city ? Females by the
tens of thousands, females who are debauched by day and by night ; females who are in
open day parading the streets of that great city ! Why, they are monogamists there V
It is a portion of the civilization of New York to be very pious over polygamy ; yet
harlots and mistresses by the thousands and tens of thousands walk the streets by open
day, as well as by night. There is sin enough committed there in one twenty-four hours
to sink the city down like Sodom and Gomorrah.

We read that there was once a case of prostitution among the children of Benjamin
in ancient days. Some men came and took another man's wife, or concubine, whichever
you please to call her ; some men look her and abused her all night ; and for that one sin
they were called to account. They were called upon to deliver up the offenders but they
would not do it, and they were viewed as confederates. And what was the result of that
one little crime — not a little crime — a great one ; that one crime instead of thousands ?
The Lord God said to the rest of the tribes of Israel, Go forth and fight against the tribe
of Benjamin. They fought against Benjamin ; and the next day they were again com-
manded to go forth and fight against Benjamin. They obeyed : and the next day they
were again so commanded ; and they fought until they cut off the entire tribe except six
hundred men. The destruction of nearly the whole tribe of Benjamin was the punish-
ment for one act of prostitution.

Compare the strictness that existed in ancient Israel with the whoredoms, the prosti-
tution and even the infanticide practised in all the cities of this great nation ; and then
because a few individuals in this mountain Territory are practising Bible marriage a law
must be enacted to inflict heavy penalties upon us ; our families must be torn from us
and be driven to misery, because of the piety of a civilization in which the enormities I
have pointed out exist.

To close this argument I now call upon the reverend gentleman, whom I highly
respect for his learning, his eloquence and ability, to bring forth proof to rebut the

464 HISTORY OF UTAH.

passages laid down in yesterday's argument in support of the position that the Bible
sanctions polygamy. I ask him to prove that those laws were limited, to unmarried men,
or to the monogamic form of marriage only.

(Here the umpires announced that the time was up.)

The following are the salient points of Dr. Newman's reply :

MESSRS. UMPIRES AND LADIES AND GENTLEMEN :

I understand the gentleman to complain against me that I did not answer his scrip-
tural arguments adduced yesterday. If I did not the responsibility is upon him. He,
being in the affirmative, should have analyzed and defined the question under debate ;
but he failed to do that. It therefore fell to me, not by right, but by his neglecting to do
his duty ; and I did it to the best of my ability. It was of the utmost importance that
this audience, so attentive and so respectable, should have a clear and definite understand-
ing of the terms of the question ; and I desire now to inform the gentleman, that I had
the answers before me to the passages which he adduced, and had I had another hour,
I would have produced them then. I will do it today. Now, my learned friend will
take out his pencil, for he will have something to do this afternoon.

*#*******

A passing remark in regard to Mother Eve. I will defend the venerable woman !
If the Fall came by the influence of one woman over one man, what would have
happened to the world if Adam had had more wives than one ? More, if one woman,
under monogamy, brought woe into the world, then a monogamist, the blessed Virgin
Mary, brought the Redeemer into the world, so I think they are even.

My friend supposes that the Almighty might have created more women than one out
of Adam's ribs ; but Adam had not ribs enough to create fifty women. My friend speaks
against polyandry, or the right of women to have more husbands than one. He bases his
argument upon the increase of progeny. Science affirms that where polygamy or polygyny,
or a plurality of wives prevails, there is a tendency to a preponderance or predominance of
one sex over the other, either male or female, which amounts to an extermination of the
race.

I will reply, in due time, to the gentleman's remarks in regard to Gideon and other
scriptural characters, and especially in regard to prostitution, or what is known as the
social evil. But first, what was the object of the gentleman yesterday ? It was to dis-
cover a general law for the sanction of polygamy. Did he find that law ? I deny it.
#**#*##»»

Now I propose to produce a law this afternoon, simple, direct and positive, that
polygamy is forbidden in God's holy word. In Leviticus xviii. and 18th, it is written :
" Neither shall thou take one wife to another, to vex her, to uncover her nakedness,
besides the other in her life time." There is a law in condemnation of polygamy. It
may be said that what I have read is as it reads in the margin, but that in the body of the
text it reads : " Neither shall thou lake a wife to her sister, to vex her, to uncover her
nakedness, besides the olher in her lifelime." Very well, argumentum ad hominem, I
draw my argumenl from the speech of the gentleman yesterday. Mr. Pratt said, in his
commenls upon Ihe lext, " If brethren dwell togelher." Now il is well enough in Ihe

HISTORY OF UTAH. 465

reading of this to refer to the margin, as we have the liberty, I believe, to do so, and you
will find that in the margin the word brother is translated " near kinsmen." I accept this
mode of reasoning ; he refers to the margin, and I refer to the margin ; it is a poor rule
that will not work both ways ; it is a poor rule that will not favor monogamy if it favor
polygamy. Such then is the fact stated in this law.

Now it is necessary for us to consider the nature of this law ; and to expound it to
your understanding, it may be proper for me to say that this interpretation, as given in the
margin, is sustained by the most eminent biblical and classical scholars in the history of
Christendom — by Bishop Jewell, by the learned Cookson, by the eminent Dwight, and
other distinguished biblical scholars. It is an accepted canon of interpretation that the
scope of the law must be considered in determining the sense of any portion of the law,
and it is equally binding upon us to ascertain the mind of the legislator, from the preface
of the law, when such preface is given. The first few verses of the xviii. chapter of
Leviticus are prefatory. In the 3rd verse it is stated that —

" After the doings of the land of Egypt, wherein ye dwelt, shall ye not do : and
after the doings of the land of Canaan, whither I bring you, shall ye not do : neither shall
ye walk in their ordinances."

Both the Egyptians and the Canaanites practised incest, idolatry, sodomy, adultery
and polygamy. From verse 6 to verse 17, inclusive, the law of consanguinity is laid
down, and the blood relationship defined. Then the limits within which persons were
forbidden to marry, and in verse 18 the law against polygamy is given — " neither shall
thou take a wife to her sister," but as we have given it, " neither shall thou take one wife
to another," etc.

According to Dr. Edwards, the words which are translated a " wife" or " sister" are
found in the Hebrew but eight times, and in each passage they refer to inanimate objects,
such as the wings of the cherubim, tenons, mortises, etc., and signify the coupling

together, one to another, the same as thou shall not take one wife to another.

# * ** * *** *

The gentleman quoted Deuteronomy xxi., 15-17, which is the law of primogeniture,
and is designed to preserve the descent of property :

" If a man have two wives, one beloved and another hated, and they have borne him
children, both the beloved and the hated ; and if the first-born son be hers that was
hated ;

" Then shall it be, when be maketh his sons to inherit that which he hath, that he
may not make the son of the beloved first-born before the son of the hated, which is
indeed the first-born :

" But he shall acknowledge the son of the hated for the first-born by giving him a
double portion of all that he hath ; for he is the beginning of his strength ; for the right
of the first-born is his."

How did he apply this law ? Why he first assumed the prevalence of polygamy
among the Jews in the wilderness, and then said the law was made for polygamous
families as well as for monogamous. He says — " Inasmuch as polygamy is nowhere
condemned in the law of God, we are entitled to construe this law as applying to
polygamists." But I have shown already that Leviticus xviii., 18, is a positive prohibition

33-VOL. 2.

466 HISTORY OF UTAH.

of this law, and therefore this passage must be interpreted by that which I have quoted.
I propose to erect the balance today, and try every scriptural argument which he has pro-
duced in the scales of justice.

I have cited to you God's solemn law — " Neither shall a man take one wife unto
another ;" and I will try every passage by this law. My friend spent an hour here yester-
day in seeking a general law ; in a minute 1 gave you a general law. * * *
Now it is said : " If a man have two wives :" very well, if that is a privilege so also are
these words : " If a man shall steal an ox or a sheep and kill it and sell it, he shall
restore five oxen for the one he stole, and four sheep for the sheep." If the former asser-
tion is a sanction of polygamy, then the latter assertion is a sanction of sheep stealing,
and we can all go after the flocks this afternoon.

The second passage, in Exodus xxi, 7th to llth verses, referring 'to the laws of
breach of promise, Mr. Pratt says proves or favors polygamy, in his opinion ; but he did
not dwell long upon this text. He indulged in an episode on the lost manuscripts. Now
let us enquire into the meaning of this passage :

" And if a man sell his daughter to be a maid-servant, she shall not go out as the
men-servants do.

" If she please not her master, who hath betrothed her lo himself, then shall he let
her be redeemed ; to sell her unto a strange nation he shall have no power, seeing he
hath dealt deceitfully with her.

" And if he hath betrothed her unto his son, he shall deal with her after the manner
of daughters.

" If he take him another wife, her food, her raiment, and her duty of marriage shall
he not diminish.

" And if he do not these three unto her, then shall she go out free without money."

What are the significant points in this passage? They are simply these — According
to the Jewish law, a destitute Jew was permitted to apprentice his daughter for six years
for a pecuniary consideration ; and to guard the rights of this girl there were certain con-
ditions : First, the period of her indenture should not extend beyond six years ; she
should be free at the death of her master, or at the coming of the year of jubilee. The
next condition was that the master or his son should marry the girl. What therefore are
we to conclude from this passage ? Simply this : that neither the father nor the son
marry the girl, but simply betrothed her ; that is, engaged her, promised to marry her :
but before the marriage relation was consummated the young man changed his mind,
and then God Almighty, to indicate his displeasure at a man who would break the vow
of engagement, fixes the following penalties, namely, that he shall provide for this
woman, whom he has wronged, her food, her raiment and her dwelling, and these are
the facts : and the gentleman has not proved, the gentleman cannot prove, that either the
father or the son marry the girl.

The next passage is recorded in Deuteronomy xxv chapter, and from the 5th to the
10th verses, referring to the preservation of families:

" If brethren dwell together, and one of them die and have no child, the wife of the
dead shall not marry without unto a stranger ; her husband's brother shall go in unto

HISTORY OF UTAH. 467

her, and take her unto him to wife, and perform the duty of a husband's brother unto
her **#:,:* ####

What is the object of this law ? Evidently the preservation of families and family
inheritances. And now I challenge the gentleman to bring forward a solitary instance in
the Bible where a married man was compelled to obey this law.
He refers me to Numbers xxxi, 17th and 18th verses :

" Now, therefore, kill every male among the little ones, and kill every woman that
hath known man by lying with him.

" But all the women-children, that have not known man by lying with him, keep
alive for yourselves."

This passage has nothing whatever to do with polygamy. It is an account of the
results of a military expedition of the Jews against the Midianites ; their slaughter of a
portion of the people, and the reduction of the remainder to slavery — namely the women
for domestics. My friend dwells upon thirty-two thousand women that were saved!
What were these among the Jewish nation — a people numbering two and a half millions ?

He quotes Deuteronomy xxi, 10th and 13th verses :

" When thou goest forth to war against thine enemies, and the Lord thy God hath
delivered them into thy hands, and thou hast taken them captive ;

" And seest among the captives a beautiful woman, and hast a desire unto her tha'
thou wouldst have her to thy wife ;

" Then thou shall bring her home to thine house ; and she shall shave her head, and
pare her nails ;

" And she shall put the raiment of her captivity from off her, and shall remain in
thine house, and bewail her father and her mother a full month : and after that thou shall
go in unto her, and be her husband and she shall be thy wife."

This passage is designed to regulate the treatment of a captive woman by the
conqueror who desires her for a wife, and has no more to do with polygamy lhan il has lo
do with Ihefl or murder. Not a solitary word is said about polygamy, no mention is
made that the man is married, Iherefore every jurisl will agree wilh me thai where we
•find a general law we may judge a special enaclmenl by Ihe organic, fundamental
principle.

He quoted Exodus xxii chapter 16 and 17 ; and Deuteronomy xxii, and 28 and 29 :

" And if a man enlice a maid lhat is not belrolhed, and lie wilh her, he shall surely
endow her to be his wife.

" If her father utterly refuse to give her unlo him, he shall pay money according lo
the dowry of virgins."

In Deuteronomy it is said :

" If a man find a damsel thai is a virgin, which is not betrolhed, and lay hold on
her, and lie wilh her, and Ihey be found ;

" Then Ihe man lhal lay wilh her shall give unlo Ihe damsel's father fifty shekels of
silver, and she shall be his wife ; because he halh humbled her, he may not pul her away
all his days."

468 HISTORY OF UTAH.

My friend appeared to confound these two laws, as if they had reference to the same
crime ; but the first is the law of seduction, while the second was the law of rape. In
both cases the defiler was required to marry his victim ; but in the case of seduction, if
the father of the seduced girl would not consent to the marriage, then the sum usual to
the dowry of a virgin should be paid him and the offense was expiated. But what was
the penally of rape ? In that case there was no ambiguity — the ravisher married his
victim and paid her father fifty pieces of silver besides. But what has this to do with
polygamy ? He says it is a general law and applies to married men. This cannot be so,
because it is in conflict with the great law of Leviticus xviii, 18. * *

The next passage is the 2nd Chronicles, xxiv and 3rd, &c. It is the case of Joash the
king, and when he began to reign Jehoiada was high priest. He was more than that —
he was regent. My friend in portraying the character of this great man said that because
he took two wives for King Joash he was so highly honored that when he died he was
buried among the kings. But the fact is, he was regent, and there was royalty in his
regency, and this royalty entitled him to be interred in the royal mausoleum. All that is
said in Chronicles is simply an epitome — a summing up, that King Joash had two wives.
It does not say that he had them at the same time ; he might have had them in succes-
sion. I give you an illustration : John Milton was born in London, 1609. He was an
eminent scholar, a great statesman and a beautiful poet ; and John Milton had three wives.
There I stop. Are you to infer that John Milton had these three wives simultaneously ?
Why you might, according to the gentleman's interpretation of this passage. But John
Milton had them in succession. But more than this, for argument's sake grant the posi-
tion assumed by my friend, then the numerical element of the argument must come out,
and a man can only have two wives and no more. Do you keep that law here ? And
yet that is the argument and that is the logical conclusion.
***********

Now, I come to the assumptions by the gentleman. First, that there is no law con-
demning or forbidding polygamy. Has he proved that ? Second, that the Hebrew
nation, as it was in the wilderness, when the Mosaic code was given, was polygamous.
Has he proved that ? Can he find in the whole history of the Jewish nation, from the
lime they left Egypt to the time they entered the land of Canaan, can he find more lhan
one instance of polygamy ? Perhaps he may find two. I will be glad to receive thai
informalion, for 1 am a man seeking lighl, and loday I throw down a challenge to your
eminent defender of the faith, to produce more than two instances of polygamy, from the
time the Jews left the land of Egypt lo Ihe lime they entered Canaan. I will assisl him
in his research and lell him one, and that was Caleb. Now supposing thai a murder
should be commilled in your city, would it be fair for Eastern papers to say that the
Mormons are a murderous people ? No, I would rise up in defense of you ; I would say
that that is a crime and an injury to the people here ! Yet, during a period of forly years
we find one man out of two millions and a half of people practising polygamy, and my
friend comes forward and assumes that the Israelites were polygamists.

Third, lhal Ihese laws were given lo regulate among them an instilulion already
exisling. Has he proved that ? Supposing he could prove that Moses attempted, or did
legislate for the regulation of polygamy, as it did exisl in Egypt and elsewhere, would such

HISTORY OF UTAH. 469

legislation establish a sanction ? Why in Paris they have laws regulating the social evil ;
is that an approval of the social evil ? There are laws in most of the States regulating
and controlling intemperance. Do excise laws sanction intemperance ? Nothing of the
kind. For argument's sake I would be willing to concede that Moses did legislate in
regard to polygamy, that is, to regulate it, to confine its evils, and yet ray friend is too
much of a legislator to stand here and assert that laws regulating and defining were an
approval of a system.

Fourth, that these laws were general, applying to all men, married and unmarried.
Has he proved that ? I have proved to the contrary today, showing that in the passage
which he quoted there is not a solitary or remote intimation that the men were married.
****** * * ***

We, today, then challenge for the proof that as a nation the Jews were polygamous.
One or two instances, as I have already remarked, can be adduced. We may say again
that if, as he assumes, these laws were given to regulate the existing system, this does
not sanction it any more than the same thing sanctions sheep-stealing or homicide. He
said these laws were general, applying to all men, married or unmarried. Has he
proved it ? This is wholly gratuitous. There is no word in either of these passages
which permits or directs a married man to take more than one wife at a time. I chal-
lenge the gentleman for the proof. It is no evidence of the sanction of polygamy to bring
passage after passage, which he knows, if construed in favor of polygamy, polygamy must
be in direct conflict with the great organic law recorded in Leviticus xviii., 18.

On the third day of the discussion Professor Pratt opened the
argument by hurling the following mathematical and logical pro-
jectile at his opponent.

Yesterday I was challenged by the Reverend Dr. Newman, to bring forth any
evidence whatever to prove that there were more than two polygaroist families in all
Israel during the time of their sojourn in the wilderness. At least this is what I under-
stood the gentleman to say. I shall now proceed to bring forth the proof.

The statistics of Israel in the days of Moses show that there were of males, over
twenty years of age, Numbers 1st chapter, 49 verse :

" Even all they that were numbered, were six hundred thousand and three thousand,
and five hundred and fifty."

It was admitted, yesterday afternoon, by Dr. Newman, that there were two and a
half millions of Israelites. Now I shall take the position that the females among the
Israelites were far more numerous than the males ; I mean that portion of them that
were over twenty years of age. I assume this for this reason, that from the birth of
Moses down until the time that the Israelites were brought out of Egypt some eighty years
had elapsed. The destruction of the male children had commenced before the birth of
Moses ; how many years before I know not. The order of King Pharaoh was to destroy
every male child. All the people, subject to this ruler, were commanded to see that they
were destroyed and thrown into the river Nile. How long a period this great destruction
continued is unknown, but if we suppose that one male child to every two hundred and

470 HISTORY OF UTAH.

fifty persons was annually destroyed, it would amount to the number of ten thousand
yearly. This would soon begin to tell in the difference between the numbers of males
and females. Ten thousand each year would only be one male child to each two
hundred and fifty persons. How many would this make from the birth of Moses, or
eighty years ? It would amount to 800,000 females above that of males. But I do not
wish to take advantage in this argument by assuming too high a number. I will
diminish it one half, which will still leave 400,000 more females than males. This
would be one male destroyed each year out of every five hundred persons. The females,
then, over twenty years of age would be 603,550, added to 400,000 surplus women,
making in all 1,003,550 women over twenty years of age. The children, then, under
twenty years of age, to make up the two and a half millions, would be 892,900, the total
population of Israel being laid down at 2,500,000.

Now, then, for the number of families constituting this population. The families
having first-born males over one month old, see Numbers iii chapter and 43rd verse,
numbered 22,273. Families having no male children over one month old we may sup-
pose to have been in the ratio of one-third of the former class of families, which would
make 7,424 additional families. Add these to the 22,273 with first-born males and we
have the sum total of 29,697 as the number of the families in Israel. Now, in order to
favor the monogamists' argument, and give them all the advantage possible, we will still
add to this number to make it even — 303 families more, making thirty thousand families
in all. Now comes another species of calculation founded on this data: Divide twenty-
five hundred thousand persons by 22,273 first-born males, and we find one first-born
male to every 112 persons. What a large family for a monogamist! But divide
2,500,000 persons by 30,000 and the quotient gives eighty-three persons in a family.
Suppose these families to have been monogamic, after deducting husband and wife, we
have the very respectable number of eighty-one children to each monogamic wife. If we
assume the numbers of the males and females to have been equal, making no allowance
for the destruction of the male infants, we shall then have to increase the children under
twenty years of age to keep good the "number of two and a half millions. This would
still make eighty-one children to each of the 30,000 monogamic households. Now let us
examine these dates in connection with polygamy. If we suppose the average number of
wives to have been seven, in each household, though there may have been men who had
no wife at all, and there may have been some who had but one wife, and there may have
been others having from one up to say thirty wives, yet if we average them at seven wives
each, we would then have one husband, seven wives and seventy-five children to make
up the average number of eighty-three in the family, in a polygamic household. This
would give an average of over ten children apiece to each of the 210,000 polygamic
wives. When we deduct the 30,000 husbands from the 603,550 men over twenty years
old, we have 573,550 unmarried men in Israel. If we deduct the 210,000 married
women from the total of 1,003,550 over twenty years of age, we have 793,550 left. This
would be enough to supply all the unmarried men with one wife each, leaving still a bal-
ance of 220,000 unmarried females to live old maids or enter into polygamic households.

The law guaranteeing the rights of the first-born, which has been referred to in other
portions of our discussion, includes those 22,273 first-born male children in Israel, that is,

HISTORY OF UTAH. 471

one first-born male child to every 112 persons in Israel : taking the population as repre-
sented by our learned friend, Mr. Newman, at two and a half millions. Thus we see
that there was a law given to regulate the rights of the first-born, applying to over 22,000
first-born male children in Israel, giving them a double portion of the goods and inheri-
tances of their fathers.

Having brought forth these statistics, let us for a few moments examine more closely
these results. How can any one assume Israel to have been monogamic and be con-
sistent ? I presume that my honored friend, notwithstanding his great desire and
earnestness to overthrow the Divine evidences in favor of polygamy, would not say to this
people that one wife could bring forth eighty-one children. We can depend upon these
proofs — upon these biblical statistics. If he assumes that the males and females were
nearly equal in number, that Israel was a monogamic people, then let Mr. Newman show
how these great and wonderful households could be produced in Israel, if there were
only two polygamic families in the nation. *******

I have therefore established that Israel was a polygamic nation when God gave them
the laws which I have quoted, laws to govern and regulate a people among whom were
polygamic and monogamic families. * * * New if God gave laws to a
people having these two forms of marriage in the wilderness, he would adapt such laws
to all. He would not take up isolated instances here and there of a man having one
wife, but He would adapt His laws to the whole ; to both the polygamic and monogamic
forms of marriage throughout all Israel.

But we are informed by the reverend Doctor that the law given for the regulation of
matters in the polygamic form of marriage bears upon the face of it the condemnation of
polygamy. And to justify his assertion he refers to the laws that have been passed in
Paris to regulate the social evil ; and to the excise laws passed in our own country to
regulate intemperance ; and claims that these laws for the regulation of evils are con-
demnatory of the crimes to which they apply. But when Parisians pass laws to regulate
the social evil they acknowledge it as a crime. When the inhabitants of this country
pass laws to regulate intemperance, they thereby denounce it as a crime. And when
God gives laws, or even when human legislatures make penal laws, they denounce as
crimes the acts against which these laws are directed, and attach penalties to them for dis-
obedience. When the law was given of God against murder, it was denounced as a
crime by the very penalty attached, which was death ; and when the law was given
against adultery its enormity was marked by the punishment — the criminal was to be
stoned to death. It was a crime and was so denounced when the law was given. God
gave laws to regulate these things in Israel ; but because he has regulated many great and
abominable crimes by law, has he no right to regulate that which is good and moral as
well as that which is wicked and immoral ? For instance, God introduced the law of
circumcision and gave commands regulating it ; shall we, therefore say, according to the
logic of the gentleman, that circumcision was condemned by the law of God, because it
was regulated by the law of God? That would be his logic, and the natural conclusion
according to his logic. Again, when God introduced the Passover, He gave laws how it
should be conducted. Does that condemn the Passover as being immoral because
regulated by law ? But still closer home, God gave laws to regulate the monogamic form

472 HISTORY OF UTAH.

of marriage. Does that prove that monogamy is condemned by the law of God. because
thus regulated ? Oh, that kind of logic will never do !

Now, then we come to that passage in Leviticus the. xviii. chapter, and the 18th
verse, the passage that was so often referred to in the gentleman's reply yesterday
afternoon. I was very glad to hear the gentleman refer to this passage. The law,
according to King James' translation, as we heard yesterday afternoon, reads thus:
" Neither shall thou take a wife to her sister to vex her, to uncover her nakedness,
besides the other in her lifetime." That was the law according to King James' transla-
tion. My friend, together with Doctors Dwight and Edwards, and several other
celebrated commentators, disagree with that interpretation ; and somebody, I know not
whom, some unauthorized person, has inserted in the margin another interpretation:
recollect in the margin and not in the text. It is argued that this interpretation in the
margin must be correct, while King James' translators must have been mistaken.
Now, recollect that the great commentators who have thus altered King James' transla-
tion were monogamists. So were the translators of the Bible; they too were
monogamists. But with regard to the true translation of this passage, it has been
argued by my learned friend that the Hebrew — the original Hebrew — signifies something
a little different from that which is contained in King James' translation. These are his
words, as will be found in his sermon preached at Washington, upon this same subject :
" But in verse 18 the law against polygamy is given, 'Neither shall thou take a wife lo her
sisler ; ' or as Ihe marginal reading is, ' Thou shall not take one wife lo anolher.' And
Ihis rendering is sustained by Cookson, by Bishop Jewell and by Drs. Edward and
Dwight," four eminent monogamists, interested in sustaining monogamy. According to
Dr. Edwards, the words which we translale "a wife lo her sisler" are found in the
Hebrew bul eighl limes. Now we have not been favored wilh Ihese authorities, we have
had no access to them. Here in these mountain wilds it is very difficult to gel books. In
each passage Ihey refer lo inanimate objecls ; lhal is, in each of Ihe eighl places where the
words are found. We have searched for Ihem in Ihe Hebrew and can refer you lo each
passage when Ihey occur. And each lime Ihey refer lo objecls joined logelher, such as
wings, loops, curtains, etc., and signify coupling together. The gentleman reads the pas-
sage, " Thou shall not take one wife to another," and understands it as involving the
likeness of one thing to another, which is correct. But does the language forbid, as Ihe
margin expresses it, the taking of one wife lo anolher? No; we have Ihe privilege,
according to Ihe rules or articles of debate, which have been read Ihis afternoon, to apply
to the original Hebrew. What are Ihe Hebrew words — Ihe original — lhal are used?
Veishah elahotah lo tikkah : Ihis, when literally Iranslaled and transposed is, " Neither
shall Ihou lake a wife lo her sister," veishah being translated by King James' translation
"a wife," el-ahotah being translated "her sister;" lo is translated "neither;" while tikkah
is translated by King James' translalion "shall Ihou take." They have certainly given a
literal translation. A'ppeal to Ihe Hebrew and you will find Ihe word ishah occurs hun-
dreds of limes in Ihe Bible, and is Iranslated "wife." The word ahotah, Iranslaled by
King James' translators "a sister," occurs hundreds of limes in Ihe Bible, and is Irans-
lated "sister." But are Ihese Ihe only translations — the only renderings ? Ishah. when

HISTORY OF UTAH. 473

It is followed by ahot, has another rendering. That is, when "wife" is followed by
"sister," there is another rendering.

Translators have no right to give a double translation to the same Hebrew word, in
the same phrase : if they translate veishah one, they are not at 'liberty to translate the
same word in the same phrase over again and call it wife. This Dr. Edwards, or some
other monogamist, has done, and inserted this false translation in the margin. What object
such translator had in deceiving the public must be best known to himself; he probably
was actuated by a zeal to find some law against polygamy, and concluded to manufacture
the word "wife," and place it in the margin, without any original Hebrew word to
represent it. Ahot, when standing alone, is rendered sister, when preceded by ishah, is
rendered another; the suffix ah, attached to ahot, is translated her; both together
(ahot-a)i) are rendered her sister, that is sister's sister; when ahot is rendered another,
its suffix ah represents her, or more properly the noun sister, for which it stands. The
phrase will then read: Veishah (one) el-ahotah (sister to another) lo (neither) tikkah
(shall thou take) which, when transposed, reads thus : Neither shalt thou take one sister
to another. This form of translation agrees with the rendering given to the same Hebrew
words or phrases in the seven other passages of scripture referred to by Dr. Newman and
Dr. Edwards. (See Exodus xxvi., 3, 5 ; Ezekiel i., 9, 11, 23 ; also iii., 13.)

It will be seen that the latter form of translation gives precisely the same idea as that
given by the English translators in the text. It also agrees with the twelve preceding
verses of the law, prohibiting intermarriages among blood relations, and forms a part and
parcel of the same code; while the word "wife," inserted in the margin, is not, and can-
not, by any possible rule of interpretation, be extorted from the original connection with
the second form of translation.

Why should King James' literal translation "wife" and "sister" be set aside for
" one to another? " There is this difference : in all the other seven passages where the
words veishah el-ahotah occur there is a noun in the nominative case preceding them,
denoting something to be coupled together. Exodus 26th chapter, 3rd verse contains
ishah el-ahotah twice, signifying to couple together the curtains one to another, the same
words being used that are used in this text. Go to the fifth verse of the same chapter,
and there we have the loops of the curtains joined together one to another, the noun in
the nominative case being expressed. Next go to Ezekiel, 1st chapter, 9th, llth and
23rd verses, and these three passages give the rendering of these same words, coupling
the wings of the cherubim one to another. Then go again to the 3rd chapter of Ezekiel
and the 13th verse, and the wings of the living creatures were joined together one to
another. But in the text under consideration no such noun in the nominative case
occurs ; and hence the English translators were compelled to give each word its literal
translation.

The law was given to prevent quarrels, which are apt to arise among blood relations.
We might look for quarrels on the other side between women who were not related by
blood ; but what are the facts in relation to quarrels between blood relations ? Go back
to Cain and Abel. Who was it that spilled the blood of Abel ? It was a blood relation,
his brother. Who was it that cast Joseph into the pit to perish with hunger and after-
wards dragged him forth from his den and sold him as a slave to persons trading through

34-VOL. 2.

474 HISTORY OF UTAH.

the country ? It was blood relations. Who slew the seventy sons of Gideon upon one
stone? It was one of their own brothers that hired men to do it. Who was it that
rebelled against King David, and caused him with all his wives and household, excepting
ten concubines, to flee out of Jerusalem ? It was his blood relation, his own son
Absalom. Who quarreled in the family of Jacob ? Did Bilhah quarrel with Zilpah ?
No. Did Leah quarrel with Bilhah or Zilpah ? No such thing is recorded. Did Rachel
quarrel with either of the handmaidens ? There is not a word concerning the matter.
The little petty difficulties occurred between the two sisters, blood relations, Rachel and
Leah. And this law was probably given to prevent such vexations between blood rela-
tions— between sister and sister.

Having effectually proved the marginal reading to be false, I will now defy not only
the learned gentleman, but all the world of Hebrew scholars, to find any word in the
original to be translated "tci/e" if ishah be first translated "one." *

The next subject to which I will call your attention is in regard to the general or
unlimited language of the laws given in the various passages which I have quoted. If a
man shall commit rape, if a man shall entice a maid, if a man shall do this, or that, or
the other, is the language of these passages. Will any person pretend to say that a mar-
ried man is not a man ? And if a married person is a man, it proves that the law is
applicable to married men, and if so, it rests with my learned friend to prove that it is
limited. Moreover, the passage from the margin in Leviticus was quoted by Dr. Newman
as a great fundamental law by which all the other passages were to be overturned. But
it has failed ; and, therefore, the other passages quoted by me stand good unless some-
thing else can be found by the learned gentleman to support his forlorn hope.

Perhaps we may hear quoted in the answer to my remarks the passage that the future
king of Israel was not to multiply wives to himself. That was the law. The word multiplied
is construed by those opposed to polygamy to mean that twice one make two, and hence
that he was not to multiply wives, or, in other words, that he was not to take two. But
the command was also given that the future king of Israel was not to multiply horses any
more than wives. Twice one make two again. Was the future king of Israel not to
have more than one horse ? The idea is ridiculous ! The future king of Israel was not
to multiply them ; not to have them in multitude, that is, only to take such a number as
God saw proper to give him. * * * * *

I wish now to examine a passage that is contained in Matthew, in regard to divorces
and also in Malachi, on the same subject. Malachi. or the Lord by the mouth of Malachi,
informs the people that the Lord hated putting away. He gave the reason why a wife
should not be put away. Not a word against polygamy in either passage.

But there is certain reasoning introduced to show that a wife should not be put
away. In the beginning the Lord made one, that is a wife for Adam, that he might not
be alone. Woman was given to man for a companion, that he might protect her, and for
other holy purposes, but not to be put away for trivial causes ; and it was cause of con-
demnation in those days for a man to put away his wife. But there is not a word in
Malachi condemnatory of a man marrying more than one wife. Jesus also gives the law
respecting divorces, that they should not put away their wives for any other cause than
that of fornication ; and he that took a wife that was put away would commit adultery.

HISTORY OF UTAH. 475

Jesus says in the 5th chapter that he that putteth away his wife for any other cause than
fornication causes her to commit adultery. Then the husband is a guilty accomplice, and
if he puts away his wife unjustly he is guilty of adultery himself, the same as a confed-
erate in murder is himself a murderer. As an adulterer he has no right to take another
wife ; he has not the right to take even one wife. His right is to be stoned to death ; to
suffer the penalty of death for his sin of adultery. Consequently, if he has no right to
even life itself, he has no right to a wife. But the case of such a man, who has become
an adulterer by putting away his wife, and has no right to marry another, has no applica-
tion, nor has the argument drawn from it any application, to the man who keeps his wife
and takes another. The law referred to by my learned opponent, in Leviticus xviii and
18, shows that polygamy was in existence, but was to be kept within the circle of those
who were not blood relations.

Concerning the phrase " duty of marriage," occurring in the passage, " If a man take
another wife, her food, her raiment, and her duty of marriage shall he not diminish."
The condition here referred to is something more than mere betrothal. It is something
showing that the individual has been not merely previously betrothed, but is actually
in the married state, and the duty of marriage is clearly expressed. What is the mean-
ing of the original word ? It does not mean dwelling nor refuge, as asserted in the New
York Herald by Dr. Newman. Four passages are quoted by him in which the Hebrew
word for dwelling occurs, but the word translated " duty" of marriage, is entirely a dis-
tinct word from that used in the four passages referred to. Does not the learned
Doctor know the difference between two Hebrew words ? Or what was his object in
referring to a word elsewhere in the Scripture that does not even occur in the text under
consideration? In a Hebrew and English Lexicon (published by Josiah W. Gibbs, A. M.,
Prof, of Sacred Liter, in the Theological School in Yale College), page 160, it refers to this
very Hebrew word and to the very passage, Exodus xxxi, 10, and translates it thus —
"cohabitation;" "duty of marriage." " Duty of marriage," then, is "cohabitation;" thus God
commands a man who takes another wife, not to diminish the duty of cohabitation with
the first. Would God command undiminished "cohabitation " with a woman merely
betrothed and not married ? ****** *

Having discussed the subject so far, I leave it now with all candid persons to judge.
Here is the law of God ; here is the command of the Most High, general in its nature,
not limited, nor can it be proved to be so. There is no law against it, but it stands
as immovable as the Rock of Ages, and will stand when all things on the earth and the
earth itself shall pass away.

Dr. Newman thus closed the debate:

I had heard, prior to my coming to your city, that my distinguished opponent was
eminent in mathematics, and certainly his display today confirms that reputation.
Unfortunately, however, he is incorrect in his statements. First, he assumes that the
slaying of all the male children of the Hebrews was continued through eighty years ; but
he has failed to produce the proof. To do this was his starting point. He assumes
it ; where is the proof, either in the Bible or Josephus ? And until he can prove that the
destruction of the male children went on for eighty years, I say this argument has no

476 HISTORY OF UTAH.

more foundation than a vision. Then he makes another blunder : the 303,550, the
number of men above twenty years of age, mentioned in this case, were men to go to
war ; they were not the total population of the Jewish nation, and yet my mathematical
friend stands up here today and declares the whole male population above twenty years
of age consisted of 303,550, whereas it is a fact that this number did not include all the
males.

Then again the 22,273 first-born do not represent the number of families in Israel
at that time, for many of the first-born were dead. These are the blunders that the gen-
tleman has made today, and I challenge him to produce the contrary and prove that he is
not guilty of these numerical blunders. Then he denies the assertion made yesterday
that there could not be brought forward more than one or two instances of polygamy in
the history of Israel from the time the Hebrews left Egypt to the time they entered Canaan.
Has he disproved that? He has attempted to disprove it by a mathematical problem,
which problem is based on error : his premises are wrong, therefore his conclusions are
false. Why didn't he turn to king James' translation ? I will help him to one polyga-
mist, that is Caleb. Why didn't he start with old Caleb, and go down and give us
name after name and date after date of the polygamists recorded in the history of the
Jews while they were in the wilderness ? Ladies and gentlemen, he had none to give,
and therefore the assertion made yesterday is true, that during the sojourn of the children
of Israel in the wilderness there is but one instance of polygamy recorded.

Now we come to law that I laid down yesterday — " Neither shall thou take one wife
to another," I reaffirm that the translation in the margin is perfect to a word. He labors
to show that God does not mean what he says. That the phrase " one wife to another,"
may be equally rendered one woman to another, or one wife to her sister. " The very
same phrase is used in the other seven passages named by Dr. Dwight. For example,
Exodus xxvi, 3, Ezekiel i, 9, e'.c. He admits the translation in these passages to be
correct. If it is correct in these passages, why is it not correct in the other? His very
admission knocks to pieces his argument. Why then does he labor to create the impres-
sion that the Hebrew ishau means woman or wife : What is the object of the travail of
his soul ? the word ahoot, he contends, means sister ; but sister itself is a word which
means a specific relation, and a generic relation. Every woman is sister to every other
woman, and I challenge the gentleman to meet me on paper at any time, in the news-
papers of your city or elsewhere, upon the Hebrew of this text. I reaffirm it, reaffirm it
in the hearing of this learned gentleman, reaffirm it in the hearing of these Hebraists,
that as it is said in the margin, is the true, rendering, namely, " neither shall thou take
one wife lo another." But supposing that is incorrect, permit me, before I pass on, to
remind you of this fact : he refers, I think, in his firsl speech, to the " margin :" the
margin was correct then and there, but it is not here. It is a poor rule that will not
work both ways ; correct when he wants to quote from the " margin," but not when I
want to do so. He quoted from the margin, and I followed his illustrious example.

And now, my friends, supposing that the text means just what he says, namely,
" neither shall thou take a wife unto her sister, to vex her :" supposing that is the render-
ing, and he asserts il is, and he is a Hebraisl, I argued and brought the proof yesterday
thai this law of Moses is not kepi by Ihe Mormons ; in olher words Ihere are men in

HISTORY OF UTAH. 477

your very midst who have married sisters. Where was the gentleman's solemn denun-
ciation of the violation of God's law ? * * * * * *
He refers us to the multiplication of horses. I suppose a king may have one horse
or two, there is no special rule ; but there is a special rule as to the number of wives.
Neither shall the king multiply wives. God, in the beginning, gave the first man one
wife, and Christ and Paul sustain that law as binding upon us. And now supposing that
(hat is not accepted as a law, what then ? Why there is no limit to the number of wives,
none at all. How many shall a man have? Seven, twenty, fifty, sixty, a hundred?
Why, they somewhere quote a passage that if a man forsake his wife he shall have a
hundred. Well, he ought to go on forsaking ; for if he will forsake a hundred he will
have ten thousand ; and if he forsake ten thousand he will have so many more in pro-
portion. It is his business to go on forsaking. That is in the Professor's book called the
Seer. Such a man would keep the Almighty busy creating women for him.
**********

I take up Abraham. It is asserted that he was a polygamist. I deny it. There is
no proof that Abraham was guilty of polygamy. What are the facts ? When he was
called of the Almighty to be the founder of a great nation, a promise was given him that
he should have a numerous posterity. At that time he was a monogamist, had but one
wife — the noble Sarah. Six years passed and the promise was not fulfilled. Then
Sarah, desiring to help the Lord to keep his promise, brought her Egyptian maid Hagar,
and offered her as a substitute for herself to Abraham. Mind you, Abraham did not go
after Hagar, but Sarah produced her as a substitute. Immediately after the act was per-
formed Sarah discovered her sin and said, " My wrong be upon thee." " I have com-
mitted sin, but I did it for thy sake, and therefore the wrong that I have committed is
upon thee." Then look at the subsequent facts : by the Divine command this Egyptian
girl was sent away from the abode of Abraham by the mutual consent of the husband
and the wife ; by the Divine command, it is said that she was recognized as the wife of
Abraham, but I say you cannot prove it from the Bible ; but it is said that she was. pro-
mised a numerous posterity. It was also foretold that Ishmael should be a wild man —
" his hand against every man and every man's hand against him." Did that prediction
justify Ishmael in being a robber and a murderer ? No, certainly not ; neither did the
other prediction, that Hagar should have a numerous posterity, justify the action of
Abraham in taking her. After she had been sent away by Divine command, God said
unto Abraham — " now walk before me and be thou perfect."

These are facts, my friends. I know that some will refer you to Keturah ; but this
is the fact in regard to her: Abraham lived thirty-eight years after the death of Sarah ;
the energy miraculously given to Abraham's body for the generation of Isaac was con-
tinued after Sarah's death ; but to suppose that he took Keturah during Sarah's lifetime is
to do violence to his moral character. * * * Then we come to the case of
Jacob. What are the facts in regard to him ? Brought up in the sanctity of monogamy,
after having robbed his brother of his birthright, after having lied to his blind old father,
he then steals away and goes to Padan-aram and there falls in love with Rachel ; but in
his bridal bed he finds Rachel's sister Leah. He did not enter polygamy voluntarily, but
he was imposed upon. As he had taken advantage of the blindness of his father anjd

478 HISTORY OF UTAH.

thereby imposed upon him, so also was he imposed upon by Laban in the darkness of
the night. But I hold this to be true that Jacob is nowhere regarded as a saintly man
prior to his conversion at the brook of Jabbok. After that he appears to us in a saintly
character.

I wish my friend had referred to the case of Moses. In his sermon on celestial
marriage he claims that Moses was a polygamist, and he declares that the leprosy that was
sent upon Miriam was for her interference with the polygamous marriage of Moses. What
are the facts? There is no record of second marriage. * * * Zipporah
and the Ethiopian woman are one and identical ; it is one and the same person called by
different names. * Moses was not a polygamist. Surely the founder

of a polygamist nation and the revealer of a polygamist law, as this gentleman claims,
should have set an example, and should have had a dozen or a hundred wives. This son
of Jochebed ; he was a monogamist, and stands forth as being a reproof to polygamists in
all generations.

Now we come to Gideon. And what about this man? An angel appeared to him,
that is true ; but if the practice of polygamy by Gideon is a law to us, then the practice of
idolatry by Gideon is also a law to us. If there is silence in the Bible touching the
polygamy of Gideon, there is also silence in the Bible touching idolatry, and if one is
sanctioned so also is the other.
****** * * * * *

Ah ! you bring forward these few cases of polygamy ! Name them if you please.
Lamech, the murderer ; Jacob, who deceived his blind old father, and robbed his brother
of his birthright ; David, who seduced another man's wife and murdered that man by
putting him in front of the battle, and old Solomon, who turned to be an idolater. These
are some polygamists ! Now let me call the roll of honor: These were Adam, Enoch,
Noah, Abraham, Isaac, Moses, Aaron, Joshua and Joseph and Samuel, and all the
prophets and apostles. You are accustomed to hear, from this sacred place, that all the
patriarchs and all the kings and all the prophets were polygamists. I assert to the con-
trary, and these great and eminent men whom I have just mentioned, belonging to the
roll of honor, were monogamists.

Yesterday the gentleman gave me three challenges : he challenged me to show that the
New Testament condemned polygamy. I now proceed to do it. I quote Paul's words,
1st Corinthians, 7th chapter, 2nd and 4th verses :

" Nevertheless to avoid fornication, let every man have his own wife, and let every
woman have her own husband.

" The wife hath not power of her own body, but the husband ; and likewise also the
husband hath not power of his own body, but the wife."
* **** * *****

There is a passage which declares that "a bishop must be blameless, the husband of
one wife." It is asserted that he must have one wife anyhow and as many more as he
pleases. It is supposed this very caution indicates the prevalence of polygamy in that
day ; but no proof can be brought to bear that polygamy prevailed extensively at that time;
on the contrary, I am prepared to prove that polygamists were not admitted into the

HISTORY OF UTAH. 479

Christian Church, for Paul lays down the positive command : " Let every man have his
own wife, and every woman her own husband ; " so that if you say the former applies to
the priest, and the latter applies to the layman, what is good for the priest is good for
the layman, and vice versa. * * * I proclaim the fact that polygamy is
adultery. I do it in all kindness, but I assert it as a doctrine taught in the Bible.

1 am challenged again to prove that polygamy is no prevention of prostitution. It
has been affirmed time and time again, not only in this discussion, but in the written
works of these distinguished gentlemen around me, that in monogamic countries prostitu-
tion, or what is known as the social evil, is almost universally prevalent. I perceive that I
have not time to follow out this in argument ; but I am prepared to prove, and I will
prove it in your daily papers, that prostitution is as old as authentic history ; that prostitu-
tion has been and is today more prevalent in polygamic countries than in monogamic
countries. I can prove that the figures representing prostitution in monogamic countries
are all overdrawn. They are overdrawn in regard to my native city, that the gentleman
brought up, New York, and of the million and over of population he can not find six
thousand recorded prostitutes. I can go, for instance to St. Louis, where they have just
taken the census of the prostitutes of that city, and with a population of three hundred
thousand, there are but 650 courtesans. You may go through the length and breadth of
this land, and to villages containing from one thousand to ten thousand inhabitants, you
cannot find a house of prostitution. The truth is, my friends, they would not allow it for
a moment. Those men who assert that our monogamous country is full of prostitutes
put forth a slander upon our country.

There was another point that I desired to touch upon, and that is as to the longevity of
nations. We are told repeatedly here, in printed works, that monogamic nations are
short-lived, and that polygamic nations are long-lived. I am prepared to go back to the
days of Nimrod, come down to the days of Ninus Sardanapalus, and down to the days
of Cyrus the Great, and all through those ancient polygamic nations, and show that they
were short-lived ; while on the other hand I am prepared to prove that Greece and Rome
outlived the longest-lived polygamic nation of the past. Greece, from the days of Homer,
down to the third century of the Christian era ; and Rome from seven hundred and
fifty years before the coming of Christ down to the dissolution of the old empire. But
that old empire finds a resurrection in the Italians under Victor Emanuel and Garibaldi ;
and England, Germany and France are all proofs of the longevity of monogamic nations.
Babylon is a ruin today, and Babylon was polygamic. Egypt, today, is a ruin ! Her
massy piles of ruin bespeak her former glory and her pristine beauty. And the last
addition of the polygamic nations — Turkey — is passing away. From the golden horn
and the Bosphorus, from the Danube, and the Jordan and the Nile, the power of Moham-
medanism is passing away before the advance of the monogamic nations of the old world.
Our own country is just in its youth ; but monogamic as it is it is destined to live on,
to outlive the hoary past, to live on its greatness, in its beneficence, in its power ; to live
on until it has demonstrated all those great problems committed to our trust for human
rights, religion, liberty, and the advancement of the race.

480 HISTORY OF UTAH.

So ended the great discussion at the Tabernacle. The con-
troversy, however, was continued in the local press. Dr. Newman,
having, through the Tribune, reaffirmed the soundness of his
"marginal law" — Leviticus xviii., 18 — as a prohibition of polygamy,
showing that he regarded that text as the back-bone of his argu-
ment against plurality of wives, Apostle Pratt replied to him through
the Deseret News as follows:

" Thou shall not take one wife to another, to vex her," etc. Marginal reading,
Leviticus xviii. 18.

In a letter of Rev. Dr. Newman, published in this city on the 20th inst., he labors
very hard to bring together and patch up the demolished and tattered fragments of his great
fundamental marginal law against polygamy. Having noticed the great stress laid upon
this marginal reading in his Washington sermon, I was in great hopes that he would
again introduce it in the discussion. To call him out and give him confidence in appeal-
ing to the margin, in my opening speech 1 purposely referred to a non-essential marginal
reading in the 25th of Deuteronomy. This had the desired effect ; for on the next day
the reverend Doctor assumed the marginal reading given above, as the great constitutional
law, before which all other laws relating to plural marriages were to be nullified and
vanish away like smoke ; he made it the grand standard, — the foundation of nearly all
his future arguments, during the discussion.

On the third day, a few minutes were occupied in comparing his marginal law with
the original Hebrew, showing that the marginal reading was false, and could not for a
moment stand the test of the original. But being limited in time, the arguments were
.necessarily very brief. I now propose to examine this unwarranted reading in the margin
in greater detail, and expose still further its falsity, and establish the correctness of the
version, given in the text by the English translators.

The phrase, ishah el-ahotah, is translated in the text " a wife to her sister:" this
is the proper, legitimate, literal rendering of each word. When iahah (woman, wife) is
followed by ahot (sister), the phrase may, under certain circumstances, have two ren-
derings.

First: When the persons or beings in the feminine gender, to be coupled together,
are not expressed, a literal translation is necessary to show what class of persons, (such
as near kinswomen, aunts, cousins, nieces, sisters, etc.,) shall or shall not be joined
together ; otherwise the sentence would be vague or uncertain.

Second: When Hebrew feminine nouns represent inanimate objects, such as " cur-
tains," " loops," " tenons," " wings," etc., (see Exodus, xxvi : 3, 5, 17, Ezekiel, i : 9,
23 ; iii, 13,) a literal translation would entirely destroy the meaning. How very absurd
it would be to represent one curtain as a wife coupled to her sister curtain, or one loop
as a wife to take hold of her sister loop, or one tenon as a wife set in order against
her sister tenon. To avoid these absurdities, an idiomatic rendering of the phrase,
ishah el-ahotah is permitted, namely, ishah (one} el-ahotah (to another). If the
Hebrew phrase, in the text, take this second form it would read,

HISTORY OF UTAH. 481

" Neither shall them take one to another."

As the blank is unknown, and there are no original words to represent the prohibited
relationship, every one is left to substitute such a phrase as may seem to be most in
accordance with the law contained in the twelve preceding verses. Let us fill up the
blank with a few specimens, and see if we can conjecture which is most correct:

1. Neither shall thou lake (sislers) one lo anolher.

2. Neither shall Ihou take (aunts) one to another.

3. Neither shall thou take (nieces) one to another.

4. Neither shall Ihou lake (cousins) one to another.

5. Neilher shall Ihou lake (near kins-women) one to anolher.

6. Neither shall thou take (wives) one to another.

The first five substitulions represenl blood relalions, while the last does nol. There
is Iherefore a much greater probabilily lhal any one of the first five may be the Irue
meaning, than that the last should be correct. Bui why should Ihe law resl upon Ihis
great uncertainty, when the first literal rendering of the English Iranslalors gives it a
definite, plain meaning that no one can misunderstand ?

I shall next proceed lo show that the English translators have, in a majority of cases,
given the literal rendering, instead of Ihe idiomatic, lo the masculine form of the phrase
" one — another." The masculine form is ish el ahhiv signifying " a man to his
brother," translated thus : ish (a man) el ahhiv (to his brother.) The suffix iv slands for
Ihe possessive pronoun his ; while ahh slands for brother. When Ihe ish is followed by
alih, the firsl (like the feminine form) is sometimes translated one, the second sometimes
rendered another. This idiomatic rendering is, indeed, absolutely necessary when Ihe
masculine Hebrew nouns lo be coupled together represent inanimate objects. For
instance, the noun faces, of Ihe inanimate cherubims placed over Ihe mercy seal, is in
Hebrew a masculine noun. (See Exodus xxv. 20.) " And their faces shall look one to
another." Also Exodus, xxxvii : 9. " With their faces one to anolher." This could nol
be literally translated withoul manifesling the greatesl absurdily. Bui in all olher
passages, Ihe masculine phrase ish el ahhiv represenls masculine persons, and is trans-
lated in the majority of cases literally. It may not be amiss to observe thai the preposition,
joining ish — ahhiv, is nol always el ; Ihe prefixes I, k, b, are often used lo express differ-
ent kinds of preposilions. The phrase ish — ahhiv, wilh its coupling preposilion, occurs,
al least, twenty-eight times in the Old Teslamenl, thirteen of which are Iranslated in the
idiomatic form, owe — another; the remaining fifteen are translated literally, "man — his
brother." I will give a few specimens :

Nehemiah v : 7. " Ye exacl usury, every one of his brolher."
Isaiah iii : 6. " When a man shall take hold of his brother."
Isaiah ix : 19. " No man shall spare his brother."
Isaiah xix : 2. " And they shall fight every one against his brother."
Jeremiah xii : 6. " And every one said to his brother."
Jeremiah xxiii : 35. " And every one to his brother."
Jeremiah xxxi : 34. " And every man his brother."
Jeremfah xxxiv : 14. " Every man his brother."

35-VOL. 2.

482 HISTORY OF UTAH.

Jeremiah xxxiv : 17. " Every one to his brother."

Jeremiah xiii : 14. " And 1 will dash them one against another."

If it were necessary we might quote the phrases in the twenty-eight passages where
they occur in a masculine form : but these are sufficient to show that King James' trans-
lators used both the literal and the idiomatic forms of translation in both the masculine
and feminine forms of the Hebrew phrase which occurs in Leviticus xviii : 18. The
literal translation of the feminine form occurs only once ; and this arises from the singular
fact that the feminine phrase occurs only once in the Hebrew, as connected with and
applied to living persons in the feminine gender. Another remarkable fact, connected
with the phrase in Leviticus, is, that it is the only instance out of thirty-six cases in the
two genders, where the nouns or things to be coupled together are not expressed ; and for
this very reason it seemed to be absolutely necessary to give the literal rendering as found
in the text.

Thus we have found that the marginal reading is not only false, by an unwarranted
substitution of the word " wife," but its idiomatic form also cannot be given and make
sense. And therefore the text stands out in all its brightness and purity, and an ever-
lasting condemnation of Newman's marginal law.

In the last day's discussion, I devoted a few moments in showing the falsity of Dr.
Newman's rendering of the Hebrew word, translated " duty of marriage" (See Exodus
xxi : 10.) He acknowledges that all the ancient and modern Hebrew Lexicons, and
" all the ancient and venerable translators of the Septuagint — the famous Greek version
of the Old Testament " * * « say the word here means cohabitation."

But the learned Doctor is not satisfied with this whole army of translators, renowned for
their wisdom and learning. He has consulted a Jewish Rabbi in Washington, whose
opinion he thinks outweighs all others in deciphering the Hebrew word for "dwelling."
He believes that he has discovered a word translated " dwelling," which resembles in
some points of its orthography the Hebrew word for " cohabitation" or " duty of
marriage."

But let me inform the reverend gentleman that the two Hebrew words are as dis-
tinct in their orthography as the English words unkind and mankind, or history and
myatery. The Hebrew for " cohabitation" commences with the letter ayin; the Hebrew
for " dwelling'''' commences with the letter mem : the first has two syllables ; the second
has three syllables ; the former is spelled onah; the latter meonah. It cannot be proved
from any Hebrew Lexicon or Grammar that I have consulted that the two words are
derived from the same verbal root ; and even if this could be proved, it would be no evi-
dence that their meanings or definitions were the same ; for there are great numbers of
different nouns whose derivations may be traced back to a common root, and yet their
definitions are as distinct as " cohabitation" and " dwelling." Neither Mr. Newman, nor
his Jewish Rabbi, can find one iota of proof in the original Hebrew to substantiate their
unwarranted assumption that the two words are one and the same. Therefore, the
eminent Hebrew and Greek scholars, both of ancient and modern times, are still to be
believed when they emphatically tell us that the word in the text rendered " duty of
marriage" means " cohabitation." Hence God's own law reads :

HISTORY OF UTAH. 483

" If lie take him another wife: her food, her raiment, and her duly of cohabitation
shall he not diminish."

This shows, most emphatically, that the betrothal of the first was consummated in
marriage, and that this special duty of marriage must not be diminished.

Dr. Newman, having left Utah, was next heard from at San
Francisco, regaling the coast-dwellers with a lecture on "polygamy,
monogamy and polyandry," where there were no Mormons to take
exceptions to his statements, and no Professor Pratt, with Hebrew
lexicon, to molest or make afraid. During the course of his
address to the Californians he is reported to have said that the city
of Washington was "a heaven of virtue as compared with Salt Lake
City.'' The editor of the News thus commented on this assertion :
"Since we first heard Dr. Newman speak we knew that he had
strange ideas of virtue; in fact that he did not understand it in the
old-fashioned sense. This San Francisco statement of his confirms
us in our opinion. A man who says that every wife but the first
wife was in old times called a concubine, and who calls Abraham,
Jacob, and other men, who he says are now in heaven, adulterers,
swindlers, murderers and liars, is liable to get terribly mixed in his
ideas about virtue. If he is satisfied that Washington is a virtuous,
heavenly place, and he chooses to live in it, we have no objections.
But. when he attempts to compare the morals of that city with ours,
we can only say that he is no judge of virtue and morality; and in
this conclusion we are satisfied that thousands of men in the nation,
who have seen both places, will join."

Meantime the press of the country, east, west, north and
south, was passing judgment upon the discussion that had just
taken place. Some of the notices were discreetly non-committal, a
few favored Dr. Newman, but the majority of them unqualifiedly
affirmed that in the contest between the Methodist pastor and the
Mormon Apostle, victory had perched upon the banner of the latter.

The New Orleans Times said: "Parson Newman has certainly
failed in his effort to achieve notoriety through a preaching match
with Brigham Young. Nearly all the papers of standing in the

484 HISTORY OF UTAH.

country, including those of his own political complexion, deprecate
his movement as undignified, useless, and more or less damaging to
the general cause of Christianity. It is conceded

that in the observance of all social amenities, the preservation of
self-respect, and the display of courteous finesse, Brigham has
gotten the better of him. In the first place the Doctor lost his
temper and was in consequence betrayed by Brigham into issuing an
imprudent, bombastic challenge. This the Prophet accepted, turning
the discussion over to two of his henchmen in a manner so redolent
of contempt and conscious superiority as to call forth another bitter,
angry rejoinder from the Parson, in such marked contrast to the
Mormon affability displayed that he was at once placed at a hopeless
disadvantage and forced to preach with his fangs drawn. He there-
fore returns without accomplishing any good, a living example of
Brigham's great tact and intelligence. Out-generaled if not
out-preached, he will have the sorry satisfaction of knowing that he
has unwillingly contributed more to the Prophet's fame than any
other living man. It is to be hoped the lesson may not be lost upon
the Parson, in considerably lessening the arrogance for which he has
always been so offensively distinguished, and in teaching him that
the appointed path for the disciples of Christ to tread is that of
humility. We fear he has devoted himself so

assiduously to the study of scripture as to prejudice the worth and
influence of other useful books. We recommend one in particular
to his closer attention — Chesterfield."

"The Dr. Newman," said the Boston Banner of Light, "who
went forth from Washington to Salt Lake City to take Mormonism
by storm by flourishing his Orthodox Bible in its face, has had to
come away after a pretty severe tilt with one of the leading Elders,
leaving his Bible behind him. It must have been extremely
humiliating. Elder Pratt took his Bible out of his hands, and
opened it again and again to pages that taught and upheld the
polygamy doctrine, reading off whole volleys of historical texts that
went to establish the leading Bible characters, esteemed Saints by

HISTORY OF UTAH. 485

Orthodoxy, as regular Mormons. Dr. Newman craw-fished amaz-
ingly on this part of the argument and was at last rather glad to
abandon it to his Mormon opponent. Nor did the latter leave his
visible advantage unimproved; he charged home vigorously on the
reverend Doctor and pointed him triumphantly to the practices of*
such cities as New York, where it was an acknowledged part of
civilization to hold one wife, but debauch as many others as possible
in the open dens of iniquity. The people committed sin enough
every twenty-four hours, according to Elder Pratt, to sink them in
hell permanently. And he likewise points, and justly too, to the
pollution and infanticide of the nation at large, while a handful of
people, practicing 'Bible Marriage' in the mountains beyond the
plains, are threatened with extermination. He declares himself
quite ready to compare the piety and pollution of one side with the
same qualities of the other. Somebody carrying more guns than
Dr. Newman will have to be sent out missionarying among the
Mormons."

The Washington correspondent of the New York Sun stated that
the controversy "did not give satisfaction" at the capital; that the
reverend Doctor was "out of his depth" in the discussion, and
added: "It is plain that the Apostle carries too many guns for the
Chaplain of the Senate, and the consternation of those who sent
him on his errand is as great as that of the confident French
advocates of the 'On to Berlin' cry, at the unexpected results of
that little adventure.* He also asked: "Why does Dr. Newman
travel two thousand miles when so much work is left undone in his
own stamping ground in the Gomorrah of Washington? Why does
he not rather go, like the prophet of old, to men in high places
there?"

This from the New York Star: "Controversy is the devil's
weapon. It makes more skeptics than converts. The expectation

* At this time the Franco-German war was in progress. Hence the allusion of the
Sun's correspondent.

486 HISTORY OF UTAH.

that such a controversy would overturn the peculiar tenet of the
Mormon religion was as chimerical as would be an attempt to 'dam
up the Nile with bullrushes,' or to bolt a door with a boiled carrot."

Said the Boston Statesman: "The Mormons are making kid
gloves. Orson Pratt, however, handled Dr. Newman without them."

The Philadelphia Press, in a roundabout manner, admitted
Apostle Pratt's effort to be "a most effective argument," and
virtually conceded that Dr. Newman had been defeated, by intimating
that force alone could settle the Mormon question. Said that
journal: "A grave and perhaps bloody conflict is impending
between American civilization, in its western progress over the
continent, and that violent reactionary movement towards barbarism
which has been organized in Utah." This was almost equivalent to
saying that since American civilization, represented by such men as
Dr. Newman, could not prevail in argument against Mormon bar-
barism, represented by such men as Apostle Pratt, the arm of vio-
lence must be lifted and the question settled by bloodshed. Some-
thing similar was uttered by the anti-Mormon mobocrats of Illinois,
just prior to the murder of Joseph and Hyrum Smith. "The law
cannot reach them," said their baffled foes, "but powder and ball
shall."

Powder and ball, however, though successfully and fatally
employed in the former instance, were not destined to be the means
of settling the polygamy question in Utah. A crusade was now
begun against the Saints, — a crusade which Dr. Newman and the
Methodist Church did all in their power to promote, — but it was a
judicial, not a military movement that was projected, though the
latter, as we shall see, with all its sanguinary consequences, came
very near being precipitated.

HISTORY OF UTAH. 487

CHAPTER XVIII.

1870.

GOVERNOR SHAFFER'S ADMINISTRATION — HIS INAUGURAL RESOLVE — " NEVER AFTER ME SHALL

IT BE SAID THAT BRIGHAM YOUNG IS GOVERNOR OF UTAH " THE SHAFFER-KELSEY INTER-
VIEW GENERAL SHERIDAN AT SALT LAKE CITY MORE TROOPS FOR UTAH CAMP RAWLINS

ESTABLISHED GOVERNOR SHAFFER FORBIDS THE MUSTERS OF THE MILITIA HIS LAW-
LESS COURSE IN RELATION TO MILITARY APPOINTMENTS CORRESPONDENCE BETWEEN GEN-
ERAL WELLS AND GOVERNOR SHAFFER— THE GOVERNOR'S LAWLESSNESS BEARS LEGITIMATE

FRUIT THE ENGLEBRECHT CASE PROVO RAIDED FROM CAMP RAWLINS GOVERNOR SHAFFER

BLAMES GENERAL DE TROBRIAND THE LATTER's CAUSTIC REPLY MAJOR OFFLEY*S ATTEMPT

TO ASSASSINATE EDITOR SLOAN THE FIRST MAIL ROBBERY IN UTAH GENERAL SHERMAN

AT THE MORMON CAPITAL DEATH OF GOVERNOR SHAFFER.

THE Federal officials who came to Utah to carry out the
policy of the Grant-Colfax administration toward this Terri-
tory, there were none perhaps so zealous, so bent upon
accomplishing the object for which they were sent, as Governor J.
Wilson Shaffer and Chief Justice James B. McKean. These men
were undoubtedly among the most determined foes that the people of
Utah have ever had. We mean of course the Mormon people, they
being, as seen, in the overwhelming majority, outnumbering at that
time the non-Mormons about forty to one.*

That Governor Shaffer and Judge McKean were good and
patriotic men, as good men and patriots go; warring in deadly earnest
against Mormonism, which they believed to be the embodiment of all
that was treasonable and vile, is unquestioned. No one doubts their
sincerity, their patriotism, their earnestness in discharging what they
deemed to be their duty. Nor have we ever heard impugned the

* The official census of 1870 gave Utah a population of 86,786, of which only two
or three thousand were non-Mormons. Entire settlements, it is said, containing thousands
of souls, mostly Mormons, were omitted by the census-takers.

488 HISTORY OF UTAH.

moral rectitude of their lives. But that they came to Utah sur-
charged with prejudice against her people — all who did not see eye
to eye with them — and with the full purpose of grinding to powder
everything that opposed them in the fulfillment of the mission which
they supposed was resting upon them — a mission to overthrow Mor-
monism— are facts just as patent, as the records of their own acts
will show. It will also appear that in their zeal to accomplish their
mission, which one of them — McKean — is reputed to have said was
as high above his mere duty as a judge as heaven is above earth,
they not only strained every energy of their souls, every function of
their offices and every power of the law, but where the law fell short
they eked it out with legislation of their own, usurping powers and
functions that did not pertain to their offices, and by acting as arbi-
trary despots covered themselves and the cause that they represented
with more or less reproach. These facts were apparent not only to
the Mormons, but to many Gentiles as well. We speak more partic-
ularly of Judge McKean, whose career in Utah was much the
longer.

The first of the twain to arrive in the Territory was Governor
Shaffer, who reached Salt Lake City in the latter part of March, 1870,
having been appointed to office about the 1st of February. At the
time of his appointment he was a resident of Freeport, Illinois; but
he was a native of Union County, Pennsylvania, where he was born
on the 5th of July, 1827. He had lived in Illinois for over twenty-
years, which may or may not account for some of the bitterness
manifested by him toward the Mormon people, a portion of whose
tragic history is so inseparably interwoven with the annals of that
State. He served his country with courage and fidelity during the
Civil War, being for the greater part of the time General Butler's
chief of staff, at New Orleans and other places. He is said to have
owed his selection as Governor of Utah to Secretary of War, John A.
Rawlins. That official, having entered thoroughly into the spirit and
policy of his compeers in the Administration relative to the recon-
struction of the Mormon commonwealth, and deeming Shaffer, both

HISTORY OF UTAH. 489

from his character and his experience in the South, a most proper
person to cope with the Utah situation, just prior to his death
requested President Grant to appoint his friend to the executive chair
of this Territory. Shaffer at this time, though only in his forty-
third year, was an invalid, dying of consumption, superinduced, it
was believed, by his excessive labors and the hardships and expo-
sures incident to his war experience. In fact, as he well knew, he
had but a few months to live. He was a man of iron will, however,
forceful, energetic, patriotic, and more than willing to give
those last months of his life to the service of his country in
subduing Mormondom. He seems to have regarded Utah as an
unreconstructed rebel State, in need of the same kind of treatment
as that meted out to the trampled and humiliated South. His mind,
in fact, had been poisoned against the Mormon people before he
had set foot within the Territory. "Never after me, by G — d," he is
said to have exclaimed soon after receiving his appointment, "shall
it be said that Brigham Young is Governor of Utah." Hastening to
Washington from his home in Illinois, he sought out the President,
learned from him the fact of his appointment at the suggestion of
Secretary Rawlins, and received special instructions concerning the
course that he was expected to pursue. During his stay at the
capital, he did all in his power, in conjunction with the anti-Mormon
lobby from this Territory, to procure the passage of the Cullom bill,
which proposed to confer upon the Governor of Utah extraordinary
powers ; greater indeed than were ever conferred upon any American
Governor. He was made to believe that this measure was just what
was needful to aid him in his anti-Mormon operations. His services
in this direction were very much appreciated by " the ring," to the
furtherance of whose purposes — though with a higher motive than
theirs— he lent himself.** While the Cullom bill was still being con-
sidered by Congress Governor Shaffer set out for Salt Lake City.

*The anti-Mormons showed their appreciation of the services of Governor Shaffer,
past and prospective, in aid of their cause, by the following resolution, adopted by the

490 HISTORY OF UTAH.

A source of great annoyance and chagrin to the new Executive
was the passage, about this time, by the Legislature, of the woman
suffrage bill, and its approval, shortly before his arrival, by
Secretary Mann, the Acting-Governor.* Shaffer regarded this as a
move decidedly in the wrong direction, and it was doubtless due to
his influence, and the efforts of the anti-Mormons, with whom from
the first he was thoroughly en rapport, that the Secretary, who had
committed the unpardonable offense of being fair and friendly with
the Mormons, was soon afterward removed from office. Vernon H.
Vaughn, of Alabama, was appointed in July of this year to succeed
him, but was not installed until several weeks later.

Just prior to Secretary Mann's removal had been the displace-
ment of Chief Justice Wilson, after an uneventful but generally
acceptable career of less than two years in the Territory. He also
had given offense to the anti-Mormons by refusing to be a tool of
their clique, and acting independently of their influence. Judge

Corinne Convention of July, 1870 ; the occasion on which the Liberal Party was named
and General Maxwell was first nominated for Delegate to Congress:

"Resolved, That in the selection of J. Wilson Shaffer as Governor of Utah, we recog-
nize an appointment eminently fit and proper; that his past services in the cause of his
country, and his firm, upright, wise and judicious course in this Territory since he came
among us, commend him to the confidence of this convention and the people it repre-
sents, and we pledge ourselves to yield to him a continued, unwearied, and we trust effi-
cient support in the performance of his high duties and the enforcement of the laws."

On motion of General P. E. Connor the resolution was adopted with three cheers for
Governor Shaffer.

* The Nineteenth Session of the Legislature, which passed the woman suffrage bill,
was one of the most important that had convened. Among the other acts passed was one
reducing the ad valorem tax from one-half of one per cent, to one-quarter of one per
cent, for Territorial purposes. The counties were authorized to increase their tax from
one-half to three-fourths of one per cent, under extraordinary circumstances. This pro-
vision left ample means for Territorial purposes and placed a greater proporlion of the
responsibility of repairing and building bridges and roads, which had before devolved
upon the Territory, upon the counties. All the Territorial expenses of the District Courts
were paid up to date and a contingent fund of four thousand dollars appropriated to be
expended by the Territorial Marshal for the future expenses of those courts. A code of
civil practice was also passed and the Territorial officers, Auditor, Treasurer, Probate
Judges, Notaries Public, etc., were elected and commissioned by the Acting-Governor.

HISTORY OF UTAH. 491

Wilson's friends at Washington, on enquiring the reason for his
removal, were told that "General Shaffer's staff must be a unit."
The vacancy thus created was filled by Judge McKean, whose
appointment was dated June 17th, 1870, and who reached Salt Lake
City about the end of August. Judge McKean's assignment to the
Third Judicial District was the last official act of Secretary Mann,
who, in the temporary absence of Governor Shaffer, issued as Acting-
Governor on September 5th a proclamation to that effect. Mr. Mann,
after retiring from office, formed a law partnership with Mr. W.
Kirkpatrick, at Salt Lake City. Judge McKean, as we shall see, was
just the man to suit the anti-Mormons, whose evil counsels, added to
his own headstrong and arbitrary course, finally led him to his
official ruin.

Governor Shaffer, before leaving Washington for the West, had
probably been instructed by President Grant to confer in Utah
with the Godbeite leaders, and not entirely with the radical element
among the Gentiles. Similar instructions were given to Lieutenant-
General Sheridan who, soon after Shaffer came, visited the Territory
to survey the situation and to found a new military post.* What
helps to render the same thing probable in the Governor's case was
an interview that took place between him and Eli B. Kelsey, one of
the pillars of the "New Movement" soon after Shaffer's arrival at
the Utah capital. A portion of the conversation that occurred at
their first meeting ,is related by Mr. Tullidge in his History of Salt
Lake City; that author claiming that this interview, like the one
between Vice-President Colfax and Elder Stenhouse, greatly modified
the belligerent spirit of "the war Governor" and caused him to take
a more conservative view of Utah affairs. They were talking of the
proposed crusade against polygamy, and Mr. Kelsey was explaining
to the Governor ithe great suffering that would ensue if harsh
measures were employed against the Mormons by the Government ;

* General Sheridan had before been to Utah, as already noted, but his previous
visits were more in the capacity of a sight-seer than of an official entrusted with an
errand by the Government.

492 HISTORY OF UTAH.

suffering not only to the men who had plural wives, and most of
whom, with their wives, had entered into polygamic relations from
sincere religious convictions, but to the women and children as well,
the very class who, it was popularly but mistakenly supposed,
would be benefitted by such a crusade.

"I will present my own family case, Governor," said Mr. Kelsey.
"It is that of thousands of others in their family relations. My
wives entered into marriage relations with me with the purest
motives, and from a conscientious religious conviction. They have
children by me. Before I will forsake my wives and bastardize my
children, I will fight the United States down to my boots! Governor
Shaffer put yourself in my place. What would you do?"

Shaffer paced his room thoughtfully for a few moments before
replying. Indeed he scarcely knew how to answer the question.
The brave and manly part of his nature finally triumphed over all
considerations of prejudice or policy and he responded with much
feeling: "By G — d, Mr. Kelsey, were I 'in your place I would do the
same."

But while the Governor's ideas regarding polygamy, or rather
the methods of dealing with it, may have partly re-adjusted them-
selves after the conversation in question, his attitude in relation to
what he deemed the treasonable spirit of the Mormon leaders
remained unchanged. That foe he was determined to fight; that
fortress he was resolved to ^'.orm, and to make himself in fact, as
well as in name, the Governor of Utah. That his predecessors in
office had not been Governors de facto, but the tenants merely of a
titular and salaried dignity, the power and authority of which had
been usurped by Brigham Young, his board of local advisers, who
surrounded him to the almost utter exclusion of any other visitors,
had not found it very difficult to convince him. To depose the
Mormon leader as "the actual Governor" and elevate himself to that
position, was now the task to which he resolved to devote the briet
remainder of his life. Let those who bear in mind the events of
that period, and who blame Governor Shaffer for the method that he

HISTORY OF UTAH. 493

employed to effect his purpose, remember with charity that he
was a dying man ; that the death of his wife, a short time before,
had bowed him to the earth in sorrow, and that with wasted
body and consequently a weakened mind he was beset and
hedged about by men, shrewd, keen and calculating, who studi-
ously misrepresented to him many things pertaining to the
Territory and its history, so working upon his prejudices and
patriotic sentiments as to practically make him their tool to subserve
the selfish ends for which they were striving. He was reputedly a
brave and earnest man, unselfish and generous in his impulses.*
It was in the spring of 1870 that General Sheridan came to
Utah to establish the new military post that has been mentioned.
The Administration had allowed itself to be persuaded that more
troops were needed in Utah, and had resolved to send some additional
companies to reinforce the command at Camp Douglas. It was not
supposed that the slender force already here was in danger of attack
and annihilation by the Mormon militia, and that a reinforcement
was required on that score. For several years the most amicable
relations had existed between the officers at the Fort and the leading
Mormons, and the days of threatened and actual brawls between
soldiers and civilians, so plentiful while General Connor had com-
mand of the hillside garrison, so far as this post was concerned had
passed away. General De Trobriand, the commandant, was one of
the most courteous and gentlemanly of officers, and was so far above

* President George A. Smith, in his historical pamphlet entitled " Answers to Ques-
tians," Second Edition, pages 62 and 63, says : " On the arrival of Governor Shaffer he
was surrounded by 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. Many of these 'birds of passage,' with and without carpet bags, had waited for
his Excellency's arrival until their finances were exhausted. The Governor took quarters
at the boarding-house of William H. McKay (whom he spoke of as an old friend), which
became the head-quarters of the 'ring' during a great part of his administration; 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 correct understanding or apprecia-
tion of the actual condition, wants and situation of the people he had come to govern."

494 HISTORY OF UTAH.

the prejudices that actuated the fiery founder of the Fort and his
associates, that he mingled freely with the Mormons and was on
friendly and sociable terms with their leaders. Such conduct was
not calculated to win him friends among their foes, and the "Jack-
Mormonism" of General De Trobriand — one of the most independent
of men — became a standing comment in anti-Mormon circles. It was
still asserted by many, however, and evidently believed at Washing-
ton— notwithstanding Dr. Taggart's concession to the contrary before
the Congressional committee having under consideration the Cullom
bill — that soldiers were needed to protect the lives and property of
Gentiles and apostates in this Territory; and besides this reason
there was another deemed cogent by the Administration. It was
this: that in view of the vigorous judicial proceedings about to be
instituted against certain leading Mormons, it would be prudent to
have a stronger military force upon the ground in order to convince
the community that the Government was in earnest and would
certainly carry out the policy that had been projected. Upon this
point Mr. Stenhouse says: "Lieutenant-General Sheridan visited Utah
and made himself acquainted with the actual situation of affairs.
This distinguished soldier expressed the kindest sentiments for the
people, admired the work they had accomplished, and hoped that
nothing would occur to '.disturb them in the peaceful possession of
their homes. His visit was at the finest season of the year, and he
was truly charmed with the appearance of the city. Troops, when-
ever wanted, would, however, be forthcoming, not as a menace to the
community, but that at their camp the oppressed might find beneath
the Stars and Stripes the protection of the Government."

General Sheridan was accompanied, as upon his former visit,
by several officers of his staff. As stated, he had been instructed by
President Grant to counsel with the leaders of the "New Move-
ment;" or, as he himself said : "to do nothing without consulting
Mr. Godbe and his friends." Thus it was that at a meeting held in
Governor Shaffer's rooms, soon after Sheridan's arrival, at which
Utah affairs and the coming of the extra troops were discussed,

HISTORY OF UTAH. 495

there were present not only the Governor, General Sheridan, and
other Federal officials, with more than one representative of "the
ring," but Mr. William S. Godbe and some of his associates. The
anti-Mormons therefore, did not, upon this occasion, " have it all
their own way:" though of course, while not impugning the fair-
ness of Mr. Godbe, it was necessarily an incomplete presentment of
the Mormon side of the question to which the General listened. It
was decided to quarter the fresh troops near Provo, where a site for
a military camp had been previously selected by General Augur, com-
mander of the Department of the Platte. It was the positive and no
doubt sincere assurance of General Sheridan,— voicing as he stated
the views and wishes of President Grant, — that the soldiers already
in the Territory and those about to be sent, should be used only as
"a moral force," and not as a menace or an annoyance to the Mor-
mon community.

Accordingly a military post — Camp Rawlins — so named in
honor of the late Secretary of War — was established near the town
of Provo. It was founded in the spring or summer of 1870, and
was at first occupied by troops from Camp Douglas under Colonel
Hough. A little later several companies from the East under Major
Osborne were stationed there in their stead. We shall see anon the
character of the "moral force" exerted by a portion of this com-
mand over the minds and bodies of the good people of "the Garden
City." It is scarcely necessary to add, however, that the disgraceful
raid made upon Provo by soldiers from Camp Rawlins several weeks
after the new troops arrived, was no part of, but directly contrary to
the purpose of General Sheridan. There were men in Utah at this
time quite capable of inciting such an outrage, and of applauding it
after it was committed, and whose main object in advocating the
sending of these troops to the Territory was the hope that a collision
between them and the citizens might occur, that something savoring
of a real rebellion on the part of the Mormons might break out and
martial law and a bloody settlement of the Utah question result.
But the brave and gallant Sheridan was not a man of that kind.

496 HISTORY OF UTAH.

Governor Sha-ffer had not been long in Utah when he was sum-
moned back to his home in Illinois by the news of the serious illness
of his wife. Mrs. Shaffer soon died, and His Excellency, already a
physical wfeck, but now more than ever prostrated, returned to the
Territory to lay down his life in a last assault upon what he deemed
the treasonable and law-defying spirit of Mormondom. He immedi-
ately set about the task of deposing Brigham Young from the
position of "Governor de facto of Utah." The gubernatorial office,
it will be remembered, included that of Commander-in-Chief of the
" Nauvoo Legion '' — the militia of the Territory — which the Gentiles
declared had been for many years under the actual and absolute
control of Brigham Young.* The following order from Lieutenant;
General Wells to the militia of the Salt Lake and other military dis-
tricts, gave Governor Shaffer the opportunity that he desired to
assert his authority.

THE LIEUT.-GENERAL'S ORDER.

ADJUTANT-GENERAL'S OFFICE, U. T.,

SALT LAKE CITY, Aug. 16th, 1870.
General Orders, No. 1.

No. 1. — Major-General Robert T. Rurton, commanding 1st Division Nauvoo Legion,
Salt Lake Military District, will cause to be held a general muster, for three days, of all
the forces within said district, for the purposes of drill, inspection and camp duty.

No. 2. — The commandants of Utah, Juab, Sanpete, Parowan, Richland, Tooele,
Summit and Wasatch military districts, will cause to be held a similar muster, not to
exceed three days, of the forces in their respective districts, to be held not later than the
1st day of November. Said commandants will cause suitable notice to be given of time
and place of muster, and all persons liable to military duty to be enrolled and notified.

No. 3. — Bands of music may be organized, and musicians required to perform duty
as per General order No. 2.

No. 4. — It is with deep regret that we announce to the Legion the death of Briga-
dier-General G. W. West, commandant of Weber military district.f

* General Babcock, in his report to the War Department, after visiting Utah in 1866 —
See chapter VII. of this volume — says: "Their militia, instead of being under the con-
trol of the Governor, is under the authority of the Church, or Brigham Young."

f General West died in San Francisco on the 9lh of January, 1870. His decease
was caused by consumption. The remains were brought home for burial, the interment,
at Ogden, being preceded by appropriate and impressive ceremonies.

HISTORY OF UTAH. 497

No. 5. — At the muster of the forces of Cache military district, there will be elected
a brigadier-general, who will take command of said district.

No. 6. — District commandants will cause all vacancies to be filled in their respective
districts ; they will have a rigid inspection of arms and equipments, and make full and
complete returns to this office, on or before the fifteenth day ot November. They are also
enjoined to enforce good order and sobriety, and to take every precaution to avert the
occurrence of accident from any cause whatever during the muster.

By order of

LIEUT.-GEN. DANIEL H. WELLS,

Commanding Nauvoo Legion.
H. B. CLAWSON, Adjutant-General, U. T.

Some time prior to the issuance of this order Governor Shaffer
had taken a trip to the West, and was probably still absent when the
order was promulgated. We infer as much from the fact that fully
a month ; elapsed before His Excellency issued his proclamation
countermanding it. Whether or not General Wells, prior to his
action, consulted with Acting-Governor Mann, we are unaware. As
soon as Shaffer returned he published the following proclamations:

GOVERNOR SHAFFER'S PROCLAMATION.— 1.

EXECUTIVE DEPARTMENT, SALT LAKE CITY, UTAH TERRITORY,

September 15th, 1870.

Know ye, that I, J. Wilson Shaffer, Govern*}? of the Territory of Utah, and com-
mander-in chief of the militia of said Territory, by virtue of the power and authority in
me vested by the laws of the United Slates, have this day, appointed and commissioned
P. E. Connor, major-general of the militia of Utah Territory ; and W. M. Johns, colonel
and assistant adjutant-general of the militia of the Territory. Now, it ^is ordered that
they be obeyed and respected accordingly, y- E^y

Witness my hand and the great seal of said Territory, at Salt Lake City, this the
[SEAL.] 15th day of September, A. D., 1870.

J. W. SHAFFER,

Governor.
Attest : VERNON H. VAUGHN,

Secretary of Utah Territory.

Several other notable deaths occurred in Utah about this time. Apostle Ezra T. Ben-
son expired at Ogden, September 3rd, 1869, Daniel Spencer, President of the Salt Lake
Stake of Zion, December 8th, 1868, and Patriarch John Young, eldest brother of President
Brigham Young, April 27th, 1870. The latter two died at Salt Lake City. On July 3rd
of this year the vacancy in the Council of the Twelve resulting from the death of Elder
Benson, was filled by the calling and ordination of Albert Carrington to the Apostleship.

36 -VOL. 2.

498 HISTORY OF UTAH.

GOVERNOR SHAFFER'S PROCLAMATION.— 2.

EXECUTIVE DEPARTMENT, SALT LAKE CITY, UTAH TERRITORY,

September 15, 1870.

Know ye, that I, J. Wilson Shaffer, Governor of the Territory of Utah, and com-
mander-in-chief of the military of the Territory of Utah, do hereby forbid and prohibit
all musters, drills or gatherings of militia of the Territory of Utah, and all gatherings of
any nature, kind or description of armed persons within the Territory of Utah, except by
my orders, or by the orders ot the United States Marshal, should he need a posse commi-
tatus to execute any order of the court, and not otherwise. And it is hereby further
ordered that all arms or munitions of war belonging to either the United States or the
Territory of Utah, within said Territory, now in the possession of the Utah Militia, be
immediately delivered by the parties having the same in their possession to Col. Wm. M.
Johns, assistant adjutant-general ; and it is further ordered that, should the United States
Marshal need a. posse commitatus, to enforce any order of the courts, or to preserve order,
he is hereby authorized and empowered to make a requisition upon Major-General P. E.
Connor for such posse commitatus or armed force ; and Major-General P. E. Connor is
hereby authorized to order out the militia, or any part thereof, as of my order for said
purposes and no other.

Witness my hand and the great seal of said Territory, at Salt Lake City, this
[SEAL.] the 15th day of September, 1870.

J. W. SHAFFER,

Attest : VERNON H. VAUGHN, Governor.

Secretary of Utah Territory.

It will be observed that General Wells, in his order, announces
that at the muster in the Cache Military District a Brigadier-General
would be elected to take command there. This was according to law;
it having been the custom with the militia, pursuant to acts passed by
the Legislature and authorized by Congress, to elect their general
officers. It will also be noticed that Governor Shaffer, in his first
proclamation, appoints a Major-General and an Assistant Adjutant-
General of the militia. This was contrary to law, — an extra-official
action and a plain and palpable usurpation of authority. It was by
such proceedings that the Governor, under the influence of a reckless
and lawless ring of advisers — resolved to ruin if they could not rule
the Territory — sought to instill into the minds of the "treasonable
and law-defying Mormons" a respect for the statutes of their
country.*

* In making these appointments Governor Shaffer acted precisely as if the Wade

HISTORY OF UTAH. 499

Touching the second proclamation General Wells addressed to
His Excellency this communication :

ADJT.-GENERAL'S OFFICE, U. T., SALT LAKE CITY,

October 20, 1870.

His Excellency J. W. Shaffer, Governor, and Commander-in-chief of the militia of
Utah Territory,

SIR: — Wfiereas, a proclamation has be«n published, emanating from your Excellency,
in which the holding of the regular musters in this Territory is prohibited, except by your
order ; and

Wfiereas, to stop the musters now, neither the terms of the proclamation, the laws
of the Territory, nor the laws of Congress requiring reports of the force and condition of
the militia of the Territory could be complied with ; we, therefore, the undersigned, for
and in behalf of the militia of said Territory, respectfully ask your Excellency to suspend
ihe operation of said proclamation until the 20th day of November next, in order that we
may be enabled to make full and complete returns of the militia as aforesaid.

DANIEL H. WELLS,

Lieut.-Gen. Corn'g Militia, U. T.

H. B. CLAWSON, Adjt.-Gen. Militia, U. T.

and Gragin bills — which had been killed in Congress — had become law. Those bills
contained the following sections :

" And be it enacted that there shall be in the militia of said Territory no officer of
higher rank or grade than that of a major-general, and all officers civil and military, shall
be selected, appointed and commissioned by the Governor ; and every person who shall
act or attempt to act as an officer, either civil or military, without being first commis-
sioned by the Governor, and qualified by taking the proper oath, shall be guilty of mis-
demeanor, and upon conviction thereof, shall be subject to a fine not exceeding one thou-
sand dollars, and imprisonment in the penitentiary not exceeding one year, or both such
fine and imprisonment at the discretion of the court.

" And be it further enacted, that the militia of said Territory shall be organized and
disciplined in such manner and at such times as the Governor of said Territory shall
direct. And all the officers thereof shall be appointed and commissioned by the Gover-
nor. As commander-in-chief the Governor shall make rules and regulations for the
enrolling and mustering of the militia, and he shall yearly, between the first and last
days of October, report to the Secretary of War the number of men enrolled and their
condition, the state of discipline, and the number and description of arms belonging to
each company, division or organized body. Aliens shall not be enrolled and mustered
into the militia.

"And be it further enacted, that all commissions and appointments civil and military
heretofore made or issued, or which may be made or issued before the first day of
January, 1867, (or in this case at the date of Governor Shaffer's proclamation) shall
cease and determine on that day, and shall have no effect or validity thereafter.

600 HISTORY OF UTAH.

The Governor thus responded :

EXECUTIVE DEPARTMENT, UTAH TERRITORY,

SALT LAKE 'Cm-, October 27, 1870.
Daniel H. Wells, Esq.,

I have the honor to acknowledge the receipt of your communication of yesterday, in
which you sign yourself "Lieutenant-General commanding the militia of Utah Territory."
As the laws of the United States provide for but one Lieutenant-General, and as the
incumbent of that office is the distinguished Philip H. Sheridan, I shall certainly be par-
doned for recognizing no other.

In your communication you addressed me as "Commander-in-chief of the militia of
Utah Territory." It is now twenty years since the act to organize this Territory was
passed by the Congress of the United States, and, so far as I am informed, this is the first
instance in which you, or any of your predecessors, in the 'pretended office which you
assume to hold, have recognized the Governor of this Territory to be, as the Organic Act
makes him, the Commander-in-chief, etc. My predecessors have been contemptuously
ignored, or boldly defied. I congratulate you and the loyal people here, and elsewhere, on
the significant change in your conduct.

You do me the honor to ask me to suspend the operation of my proclamation of Sep-
tember 15th, 1870, prohibiting all musters, drills, etc., etc. In other words, you ask me
to recognize an unlawful military system, which was originally organized in Nauvoo, in the
Stale of Illinois, and which has existed here without authority of the United States, and
in defiance of the Federal officials.

You say : " Whereas, to stop the musters now, neither the terms of the proclama-
tion, the laws of the Territory, nor the laws of Congress, etc., could be complied with."
That is, my proclamation cannot be carried out, unless I let you violate it. Laws of the
Territory which conflict with the laws of Congress, must fall to the ground unless I per-
mit you to uphold them, and the laws of Congress cannot be complied with unless I will
let you interpret and nullify them! To state the proposition is to answer it.

Mr. Wells, you know as well as I do, that the people of this Territory, most of
whom were foreign-born, and are ill-acquainted with our institutions, have been taught to
regard certain private citizens here as superior in authority not only to the Federal officials
here, but also at Washington. Ever since my proclamation was issued, and on a public
occasion, and in presence of many thousands of his followers, Brigham Young, who
claims to be, and is called, " President," denounced the Federal officials of this Territory
with bitter vehemence, and on a like occasion, about the same time, and in his (Young's)
presence, one of his most conspicuous followers declared that Congress had no right
whatever to pass an organic act for this Territory ; that such was a relic of colonial bar-
barism, and that not one of the Federal officials had any right to come to, or remain in,
this Territory.

Mr. Wells, you ask me to take a course which, in effect, would aid you and your
turbulent associates to further convince your followers that you and your associates are
more powerful than the Federal Government. I must decline.

To suspend the operation of my proclamation now, would be a greater dereliction
of my duty than not to have issued it.

HISTORY OF UTAH. 501

Without authority from me you issued an order in your assumed capacity of lieu-
tenant-general, etc., calling out the military of the Territory to muster, and now you
virtually ask me to ratify your act.

Sir, I will not do anything in satisfaction of your officious and unwarranted
assumption.

By the provisions of the Organic Act, the Governor is made the commander-in-chief
of the militia of the Territory, and, sir, so long as I continue to hold that office, a force
so important as that of the militia shall not he wielded or controlled in disregard of my
authority, which, by law, and by my obligation, it is my plain duty not only to assert, but,
if possible, to maintain.

I hope the above is sufficiently explicit to be fully understood, and supersede the
necessity of any further communications on the subject.

1 have the honor to be, etc.

(Signed), J. W. SHAFFER,

Governor and Commander-in-chief of Utah Territory.

Soon afterward the following open letter from General Wells to
Governor Shaffer appeared in the columns of the Deseret News :

AN OPEN LETTER TO GOVERNOR SHAFFER.

Editor Deseret Evening News,

SIR: — I find myself under the necessity of requesting you to give space in your col-
umns for the enclosed correspondence between myself and His Excellency, Governor
Shaffer. His reply to my communication reached me yesterday, and it was only a few
hours afterwards that I saw the entire correspondence in] print. I might have felt some
reluctance before this in giving our correspondence publicity, but |now I have no alter-
native ; my duty to the public, my regard for truth, and my own self-respect will not
suffer me to remain silent ; and although Governor Shaffer closes his communication by
saying that he hopes what he has written will supersede the necessity of any further com-
munication on this subject, I am constrained to write you this letter.

The first point which I will notice in his communication is the statement that, —

"As the laws of the United States provide for but one lieut. -general, and as the
incumbent of that office is the distinguished Philip H. Sheridan, I shall certainly be par-
doned for recognizing no other."

What inference does Governor Shaffer wish to draw from this ? The same law of
Congress which provides for one lieut.-general provides for five major-generals (see Army
Register for 1869; also General E. D. Townsend's report to General W. T. Sherman, com-
manding U. S. army for same year); must we therefore conclude there shall be no major-
generals of militia in the States or Territories ? The same law prescribes that there
shall be eight brigadier-generals ; are we to understand Governor Shaffer that the dis-
tinguished gentlemen who hold these positions in the regular army are the only ones in
the States and Territories who are to be recognized as such ? This being the inference
to be drawn from his language, who shall presume to recognize any officers of militia in

502 HISTORY OF UTAH.

any of the States and Territories as major-generals and brigadier-generals, when the law
of Congress has already provided for but five of the former and eight of the latter ?

As His Excellency seems to take pleasure in referring to law, permit me also to
direct his attention to the following :

Section 10 of an Act, approved July 28th, 1866, limits the number of officers and
assistant adjutant-generals in their respective corps, prescribing their rank, pay and emol-
uments ; and section 6 of an Act approved March 3d, 1869, provides that, until other-
wise directed by law, there shall be no new appointments in the Adjutant-General's
department ; also an Act of June 15th, 1844, chapter 69, entitled " an Act to author-
ize the Legislatures of the several Territories to regulate the appointment of representa-
tives and for other purposes," provides, in section 2, " that justices of the peace, and all
general officers of militia in the Territories, shall be elected by the people, in such
manner as the respective Legislatures thereof shall provide by law." Also see Brightly's
Digest of the United States Laws, page 619, on organization of the militia, section 3.

These extracts are from laws of Congress — the laws for which His Excellency
seems to have so much respect ; and if they are the only laws which obtain in this Ter-
ritory, how can His Excellency reconcile with them his recent appointment by procla-
mation of a major-general, and an assistant adjutant-general for the militia of Utah ?
And what about the five distinguished incumbents of the office of major-general already
appointed under the law ? Or, does His Excellency imagine that it falls to his province
to fill the vacancy created by the death of the lamented George H. Thomas.

The second point in Governor Shaffer's communication which 1 will notice, is
wherein he states that —

" So far as I have been informed, this is the first instance in which you or any of
your predecessors, in the pretended office which you assume to hold, ever recognized the
Governor of this Territory to be as the organic act makes him to be, the commander-in-
chief, etc., etc. My predecessors have been contemptuously ignored or boldly defied."

It is scarcely necessary for me to remark to any resident familiar with the history of
this Territory that Governor Shaffer's information on this subject is very defective. That
which he styles a "pretended office" I have held by the unanimous voice of the people of
the Territory — the office having been created by Act of the Legislative Assembly of the
Territory of Utah, approved by the Governor, February 5th, 1852, and not transported
from Illinois, as stated by Governor Shaffer in another part of his letter. Even if it were as
lie states, can no good thing come out of Illinois ? Or is it such a crime to copy after
anything emanating from that distinguished State ? I may here add, further, that I have
never had any predecessor in the office since the organization of the Territory. As to this
being the "first instance" in which I have recognized the Governor of this Territory as the
commander-in-chief, Governor Shaffer is either strangely ignorant or wilfully mis-
represents, for during the first eight years after the organization of the Territory, His
Excellency Brigham Young was the Governor of the Territory, and I presume no one will
dispute that he was recognized as the commander-in-chief. During the next four years,
while His Excellency Alfred Gumming was the Governor of the Territory, and also dur-
ing the administration of his successors up to the present time — with the exception of
Governor Dawson, who only remained in the Territory about thirty days — I have abun-

HISTORY OF UTAH. 503

dant documentary evidence to show that I recognized them as governors and commanders-
in-chief of the militia of the Territory, and have in return been recognized by them as
lieutenant-general commanding militia of Utah Territory. Besides being recognized as
lieutenant-general by the predecessors of Governor Shaffer, I have in every instance
been acknowledged as such in all official correspondence with officers of the regular army,
superintendents of Indian affairs and other "Federal officials," both here and out of
the Territory. His Excellency Governor Shaffer therefore stands distinguished as the first
"Federal officer" who, in reply to a respectful communication, has so far forgotten what
is due from a man holding his position, as to ignore the common courtesies always
extended between gentlemen.

Before ending my reference to this point, permit me, if it does not trespass too much
on your space, to give you copies of one or two communications which I have received
from predecessors of Governor Shaffer :

EXECUTIVE DEPARTMENT, GREAT SALT LAKE CITY,

June llth, 1862.
To Gen. D. H. Wells, commanding militia of Utah Territory,

SIR: — A requisition has been made upon me this day by Henry W. Lawrence, Esq.,
Territorial Marshal for the Territory of Utah, through his deputies, R. T. Burton, Esq., and
Theodore McKean, Esq., for a military force to act as A posse commitatus in the service
of certain writs issued from the Third Judicial District Court of said Territory, for the
arrest of Joseph Morris and others, residing in the northern part of Davis County, in said
district.

It appears that said Joseph Morris, and his associates, have organized themselves into
an armed force to resist the execution of said writs, and are setting at defiance the law
and its officers.

I therefore require you to furnish the said Henry W. Lawrence, Esq., or his deputies
aforesaid, a sufficient military force for the arrest of the offenders, the vindication of jus-
tice, and the enforcement of the law.

FRANK FULLER,

Acting-Governor and Commander-in-chief.

EXECUTIVE DEPARTMENT, GREAT SALT LAKE CITY,

November 26th, 1862.

Lieut.-Oen. D. H. Wells, Commanding Nauvoo Legion,

SIR : — I herewith enclose a communication directed to the Governor of this Terri-
tory, from the War Department at Washington, in relation to arms, etc., furnished by the
several Stales since the 4th of March, 1861. If you have any information on the subject
applicable to this Territory, I will be glad if you will report the same to me immediately.

I remain, respectfully yours, etc.,

S. S. HARDING,

Governor and Commander-in-Chief of the Territory of Utah.

P. S. — You will please return the communication from the War Department with
your report.

504 HISTORY OF UTAH.

As to Governor Shaffer's next paragraph I fail to see the point as stated. As has
been the usage in the Territory for years past, and in accordance with the laws thereof
orders were issued for the holding of the regular fall muster of the military of the Terri-
tory in their respective districts. These orders were dated August 16th, 1870. Some
thirty days after, Governor Shaffer issued his proclamation prohibiting the holding of
musters, drills, etc. In my communication to him, I simply asked him to suspend the
operation of that proclamation until the 20th of November, that the fall musters might be
completed — they having already been held in some of the districts — in order that I might
comply with the request of the department made through the Adjt.-General's office, for
Washington City, asking for the annual return of the militia of Utah Territory, in accord-
ance with the provisions of the Act of Congress (Sec. 1.), approved March 20th, 1803.
How this can be construed into an attempt to "nullify" the laws of Congress escapes my
penetration, but, on the contrary, it appears to me that the proclamation of Governor
Shaffer is calculated to produce that result. As to there being any conflict between the
laws of the Territory and the laws of Congress, that is mere assertion, incapable of
proof.

As to his allusion respecting what has been said at public meetings, I have to say that
public officers, "Federal officials" included, are supposed to be public property, so far as their
official acts are concerned, and subject to the scrutiny of the people. Every man under
our Government has the right to free speech, and to express his opinions concerning the
acts of public officers — a right, moreover, which is generally indulged in by all parties. 1
am not aware that President Brigham Young has " denounced the Federal officials of this
Territory with bitter vehemence," or that if he has, I am responsible therefor, or that I
should be held responsible for the opinion of any other gentleman in regard to the power
of Congress to organize a Territorial government.

I am of the opinion that the people of the Territory, according to the Consti-
tution, 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 legis-
latures of the States and Territories 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 generals and admirals under him commanding ; that the
military organization of our Territory follows that of the Federal Government more
closely, perhaps, than that of any other Territory or State in the Union ; and that
governors and commanders-in-chief are as much creatures of law as any other officers,
and while they exercise a higher jurisdiction, they are a amenable to law as the humblest
officer or citizen.

I will not take up your valuable space, neither will I condescend to make reference
to the concluding paragraphs of his letter. My only object has been to vindicate the
Legislative Assembly, myself and the people, as to our rights under the law, so unwarrant-
ably assailed in the communication of Governor Shaffer.

Respectfully,

DANIEL H. WELLS.

HISTORY OF UTAH. 505

Subsequently, General Wells directed that the fall musters in
the various military districts be postponed until further orders.

Example is contagious; particularly the example of lawlessness.
The Governor of the Territory having ignored the law in the man-
ner so plainly shon, what more natural than that the lawless
element throughout the community should take license from his
course and manifest their contempt for order and authority. Already
was the law-defying spirit abroad. Certain non-Mormon liquor
dealers, deeming themselves secure from interference by the local
authorities, under the sheltering aegis of Federal officials and their
influence, had violated the ordinances of Salt Lake City by selling
their wares without obtaining a license from the municipal govern-
ment. Their persistent refusal to honor the law had finally led to
the abatement by the police of the liquor establishment of Paul
Englebrecht & Co., and a suit alleging unlawful, willful and malicious
destruction of property, brought by them against the Marshal, the
police and the Alderman who issued the order of abatement, was
now pending in the court of the Third Judicial District, presided
over by Chief Justice McKean. The abatement of the Englebrecht
establishment occurred on the 27th of August, a few weeks prior to
the Governor's action in relation to the militia. But the spirit of
contempt for all Mormon authority, civil, military or ecclesiastical,
though manifested before, had more than ever prevailed in certain
circles from the moment of His Excellency's arrival in Utah, and
there is little doubt that the liquor dealers in question were encour-
aged thereby to commit their infraction of the city ordinances. The
prevalent feeling among the radical Gentiles was that the Mormons
had held the reins of government long enough; that a revolution was
about to occur which would render the anti-Mormons paramount,
and that the local laws and ordinances, rules and regulations, even if
honored before, were no longer entitled to respect. Governor
Shaffer's high-handed action in appointing over the militia a Major-
General, an office which the law made elective, to say nothing of
selecting General Connor as the incumbent — probably the most

506 HISTORY OF UTAH.

obnoxious choice to the Mormon soldiery that could possibly have
been made — doubtless increased this supercilious and lawless feeling
and added fuel to the flame.

Just one week after the issuance of the Governor's proclamation
disarming and virtually disbanding the militia, the following start-
ling telegram came over the wires from Provo to Salt Lake City :

PROVO, UTAH, September 23rd, 1870.

A company of about forty United States troops from Camp Rawlins made a raid on
our city last night between twelve and two o'clock ; and before the police could rally and
check their progress, they broke into the residence of Alderman William Miller, firing
several shots into his bedroom, smashed in doors and windows and took him prisoner and
held him about an hour. Thence passing up Center Street, they stove in the doors and
the windows of the Co-operative Boot and Shoe Shop, and tore down the sign and stoned
the doors of the Co-operative Store. They next surrounded the residence of Councillor
A. F. McDonald, who was from home, and completely demolished every outside door and
window on the first floor, and sacked the house, scattering the substance over the yards
and sidewalk. Alderman E. F. Sheets' residence shared nearly the same fate. Their
progress was here partially interrupted — they however proceeded to the Meeting House,
broke in the shutters of one window and attempted to fire the building.

The raiders were armed with U. S. needle guns, with bayonets and revolvers, and
during their career they captured several citizens, parading them through the streets, some
of whom were severely beaten and bayoneted before they could make their escape.

A. 0. SMOOT.

This announcement, which appeared in the columns of the
Deseret News, was received by the citizens of Salt Lake and the Ter-
ritory generally with sentiments of mingled surprise and indignation.

Further particulars were soon obtained, and the public anger
and astonishment increased correspondingly. A second telegram
from Mayor Smoot ran as follows :

PROVO, September 23rd, 3 p. m.

There was no apparent cause for the outrage, except that some soldiers had a party at
the Bachman House, kept by J. M. Cunningham, where they got whisky and beer and
then made a raid through the town. They were quelled by the assembling of the citi-
zens and the firing of a few shots. We have had an interview with Major Osborne, the
commander of the post, who seems to regret the affair very much.

The facts relating to the event, as mostly gleaned from the depo-
sitions of persons who were eye-witnesses to, and some of them
sufferers from the raid, are as follows :

HISTORY OF UTAH. 507

Camp Rawlins was situated about three miles north-west of
Provo, between "the bench" and Utah Lake, and was practically
within the outskirts of the settlement. Since the founding of the
post, trade had opened up between it and the town, and it was no
uncommon thing for fruit and vegetable vendors and store-keepers to
be seen in camp, and for parties of the " boys in blue," unarmed and
off duty, to stroll leisurely through the quiet streets of the rural
city, molesting no one and being themselves unmolested. Some of
them, as they afterwards stated, had "tried to be sociable," and asso-
ciate with the Mormon girls; a desire which, however natural on
their part, was quite at variance with the wishes of most of the
young ladies in question and with the desires of their parents and
guardians. It is more than probable, also, that what the soldiers
alleged additionally upon this point is true, to wit: that "the
Bishops and old heads" had counseled the young folks not to mingle
indiscriminately with the men from camp. The Mormon leaders had
always advised the youth among their people to hold themselves
aloof from strangers of whose characters and intentions they knew
nothing, and had admonished them to be cautious and circumspect
in their associations with such persons. The event in this instance
certainly justified in every way the giving and heeding of such sen-
sible advice.

A few days before the riot briefly described in Mayor Smoot's
telegrams, a committee of soldiers from Camp Rawlins had arranged
with Mr. John M. Cunningham, deputy U. S. Assessor for Utah
County, who kept a hotel at Provo, to provide thirty suppers for as
many persons who were to attend a dancing party which they
designed giving in town. The spokesman of this committee was one
Jack Minkey, a drummer at camp. They endeavored to hire duff's
Hall for their party, but did not succeed, and were also denied the
use of the Bullock building. They then applied through Mr. Cun-
ningham for a hall owned by Alderman Miller, but that, too, was
refused them. Finally they gave up the quest for a dancing hall,
but allowed the order for the suppers to stand. The refusal of the

508 HISTORY OF UTAH.

several halls was the immediate provocation for the raid that
occurred a few nights later. A day or two previously threats were
made by some of the soldiers and overheard by peddlers and other
visitors at the post, that the soldiers were " coming down to run the
town,'' in revenge for the "bursting up '' of their party by the Mor-
mons. These threats, though thought but little of at the time, proved
to have been uttered in earnest and were pretty thoroughly fulfilled.
On the evening of September 22nd a company of fifteen or
twenty soldiers hired a civilian named Alma Brown to convey them
in his wagon from Camp Rawlins to Cunningham's hotel. Some of
them were about to put their guns in the wagon, when Brown
demurred, refusing to carry them if they took their firearms.
Whereupon they disarmed themselves, or appeared to do so, though
they wore overcoats and may have concealed weapons underneath
them. At the same time armed parties left the Camp afoot, and
trudged toward the settlement ; the sentinels whom they passed offer-
ing no remonstrance or objection. This was after the evening
tattoo. The first party of soldiers reached Cunningham's place at
about seven p. m. ; another party came at eight o'clock and still
another at nine. Many of these had guns with bayonets. They
were headed by a man named Haws. Some of them were heard to
remark that they had grudges against Bishop Miller and Bishop
Sheets and would like to "string" the former " through the town."
Two wagon loads of beer soon arrived — said to have been sent from
Salt Lake by the recently abated Englebrecht establishment — and
there was also a keg of whisky on the scene. While supper was
being prepared some singing and dancing were indulged in and then
the company, numbering thirty or forty persons, only six of whom
were ladies, sat down to the tables.* It was now about eleven
o'clock. During the progress of the feast several shots were fired
outside, and a scene of excitement ensued. The women screamed

* It is said that the soldiers were angry because so many of the ladies who had been
invited remained away.

HISTORY OF UTAH. 509

and the men arose and rushed up-stairs for their firearms. At this
moment the man Haws came in from the street, complaining that his
shoulder was broken, and stating that he had fired four shots at a
man who had struck him, but did not know whether any of them
had taken effect. His comrades said that if they caught his assail-
ant— who was probably a mythical person, and Haws the giver of a
signal previously agreed upon — they would hang him to a telegraph
pole. The soldiers now sallied forth and proceeded to make good
their threat to "run the town." "Get out your guns," said the
officer in command — there were three or four Serjeants and two or
three corporals in the party — "and we'll clean out the Mormon sons

of b s."

Some of them went to the home of Alderman William Miller —
who was no other than our old Nauvoo friend, surnamed " Bogus
Brigham" — and began hammering upon his front door. They then
fired several shots into his bed-room, barely missing his head, at the
same time shouting and heaping abuse upon the startled inmates of
the dwelling. The women were terror-stricken. Escaping through
the windows at the rear, while the mob was in front of the house,
they took refuge in the adjoining cornfield, which had lately been
irrigated. Mrs Jane Miller, who was an invalid, was so prostrated
by the shock and so affected by exposure in the damp fields that
she never recovered, but a few weeks later died. Bishop Miller,
having heard the beginning of the riot at the Cunningham place, had
arisen and was partly dressed when the soldiers began thundering at
his door. Before he could descend the stairs, some of the rioters
went around to the east side of the house and smashed in one of the
windows. He ran down stairs and had just reached the lower floor
when his door was broken in. "What's wanted?" he asked. " You,
G— d d— n you," was the reply, and forthwith the Bishop, after
being permitted to put on his boots, was taken prisoner and marched
through the streets surrounded by armed ruffians who, pointing their
revolvers at him and prodding him with their bayonets, berated and
abused him at every step, even threatening to take his life. They

510 HISTORY OF UTAH.

told him they intended to destroy his building. " What have
you got against me ?" he asked, endeavoring to reason with his cap-
tors. " You agreed to rent us your half for a party," was the
answer. " I did not," said the Bishop. " Cunningham says you
did," they retorted. " Well, go with me to Cunningham and prove
it," said the prisoner. The mob assented, and to Cunningham they
went accordingly. That gentleman denied ever making such a
statement, whereupon they accused him of lying and threatened
him with violence. Bishop Miller was now exonerated and
released, and an officer who seemed to be the leader of the party
who had assaulted his premises, apologized to him for their con-
duct, and promised that if he would send to the post office his bill
for damages, addressed to J. Dillom, he would see that it was paid.
He then advised the Bishop to go home and said that he would not
be molested any more.

Meantime other bands of soldiers were committing similar out-
rages at various points. In the absence of Councillor McDonald, his
house, as stated by Mayor Smoot, was literally sacked so far as the
first floor was concerned; every door and window being broken and
his furniture and effects scattered in the streets. The women and
children of the household cowered in abject terror in the up-stair
apartments, while pandemonium reigned and ruin worked below.
Alderman Sheets' residence was almost as badly treated, and other
buildings, public and private, were assaulted and injured. Their
grudge against Councillor McDonald was that, having liquor upon
his premises, which he disposed of to the citizens for medicinal pur-
poses, he had repeatedly refused to sell it to the soldiers. Mr.
Sheets' offense seems to have consisted in the fact that he was a
Mormon Bishop. The soldiers also threatened to attack the resi-
dences of Mayor Smoot and President Young, but the citizens, by
this time thoroughly aroused, were beginning to gather, and the
rioters, hearing some shots fired that were not their own, concluded
to retire and return to camp.

Several men besides Bishop Miller were captured by the mob

HISTORY OF UTAH. 511

and held as prisoners during the progress of the raid. One of
these, Thomas Fuller, who was camping with two companions in the
Tithing Yard — they being engaged in repairing the Deseret Tele-
graph Line — was brutally beaten by the soldiers while in their cus-
tody, the wounds upon his head, inflicted with bayonets, clubs and
pistols, bleeding profu?ely. Others were also threatened and abused.
As the rioters passed along the streets firing at the houses of the
citizens and rudely arousing them from peaceful slumber, they
shouted: "Come out, you G — d d — d Mountain Meadow Massa-
creers ;" at the same time swearing that they would kill them and
take their wives and daughters from them. They told their prisoners
that the Mormons had run this Territory long enough; that they had
not got volunteers to deal with now, but Uncle Sam's men, who were

going to "run this town as they G — d d d pleased," and indulged

in other profane and indecent braggadocia.

To say that Provo was alarmed is but to mildly state the condi-
tion and feelings of the people. The women and children were
terrified, and thinking the whole settlement was about to be
attacked, ran out of doors without waiting to dress, and hid them-
selves in the wet gardens and corn fields, where many of them, includ-
ing the aged and sick, passed the remainder of the night. Others,
too much frightened to flee, huddled in the cellars or garrets of their
dwellings, while their husbands, sons and fathers, with pale
but determined faces, grasping what weapons they could find,
sauntered forth into the night prepared to mete out stern vengeance,
or sell their lives dearly in defense of their homes and families, in
case the raid continued. Mayor Smoot, who had been awakened by
the noise and subsequently informed of the depredations that were
being committed, left his family indoors, — among them an eleven-
year old daughter who is now the author's wife, and upon whose
memory the terrors of that night of alarm are indelibly stamped,—
and went forth to rally his police and quell the raiders. The latter,
however, by this time were retreating and were soon beyond the
confines of the settlement, returning, after their bacchanalian revels

512 HISTORY OF UTAH.

and brutal riot to camp. Such briefly are the facts in relation to the
Provo raid.

As stated, the startling news telegraphed by Mayor Smoot to
Salt Lake, and supplemented by the published depositions referred
to, was received by the general public with feelings of surprise and
indignation. "So this," said the Mormons — and the irony and invec-
tive were certainly pardonable — " is a sample of the moral force to
be exerted over us by the troops which the Government, on the
recommendation of a ring of contemptible conspirators, has seen fit
to station near our settlements." At first it was thought that the
military authorities, in conjunction with Governor Shaffer, might be
responsible for the affair. Some even suspected that the Governor
had directed the raid, and that his proclamation of a week before,
disarming the militia, was but the prelude to this and other
dastardly deeds of like character. Such a view, however — the fruit
of the first angry feeling, — was soon discarded and more just and
reasonable opinions began to prevail. That the rioters were
merely a mob, crazed with drink or rage, and that their acts were
not only unauthorized but unknown to the military authorities at
Camp Douglas, was quickly conceded, even before further particulars
of the outrage had been received. Still there were some things con-
nected with it that reflected seriously upon the officers at Camp
Rawlins and the character of the discipline maintained at that post.
Said the News: "That such a body of men would have been allowed
to leave their quarters, armed as they were, with their officers in
ignorance of their intent, is not the least probable; and yet to believe
that United States officers would permit a body of forty men to go
under cover of midnight darkness and make a raid on the persons
and property of sleeping citizens, is so little like gentlemen, and so
much like highwaymen and murderers, that we are loth to believe
such an occurrence could have taken place without their cognizance."

The persons held chiefly responsible by the Mormon public were
the members of " the ring," through whose representations the
Government had been induced to send to Utah the troops who had

HISTORY OF UTAH. 513

committed the riot. Governor Shaffer was also blamed, — more,
however, because he was believed to be the catspaw of the conspira-
tors than from any permanent suspicion that he was directly
responsible for the event at Provo. Nevertheless it was held that
his lawless course in relation to the militia and his apparent con-
tempt for Mormon officials and their authority had indirectly had its
effect in inciting the outrage. He seems to have felt more or less
keenly the censure laid upon him, and manifested some anxiety to
shift the burden to other shoulders. With that same reckless
disregard of facts and the proprieties which characterized his corres-
pondence to General Wells, he, or his advisers, now addressed to
General De Trobriand, the commander at Camp Douglas, the follow-
ing letter, a copy of which was furnished to the 'beseret News by
Mr. George A. Black, the Governor's private secretary, before the
officer addressed had received the original :

EXECUTIVE OFFICE,

SALT LAKE CITY, UTAH TERRITORY,

Sept. 27th, 1870.

GENERAL: — Several days have now elapsed since the outrages perpetrated by a por-
tion of your soldiers at Provo, and as far as I can learn no action has been taken on the
part of the military to bring them to punishment, nor has there been any official report
made public by the officer in command, stating all the facts.

I have waited thus long in the earnest hope that you would have taken such action
in the premises as would convince the citizens that the soldiery was stationed at Provo to
protect and not destroy. Hearing nothing like an explanation .from the commanding
officer there, and feeling that the outrage is one that should be followed by swift and
certain punishment, I now, as Governor of the Territory, sworn to protect all the citizens,
ask of you to deliver up to the civil authorities every individual, private or non-commis-
sioned officer, engaged in the outrage, that I may see that they are properly tried, and if
convicted, punished. I insist on this for the reason that much feeling exists in this com-
munity against the Federal officers and soldiers, growing out of this transaction, and that
feeling is extended to all the Federal officers.

As Governor of the Territory I am sworn to execute the laws, which, if possible, I
propose to do, and in so doing I shall have as high a regard for the property and persons
of Mormons as of any other class or denomination. In short, I know no distinction
and shall know none as between citizens of this Territory. All are entitled equally alike
to whatever aid, assistance or protection I can give them. In this case the perpetrators of
the outrages are men employed by the Government, and paid for their services, to be the
special guardians of the rights and liberties of those among whom they are stationed,

37-VOL. 2.

514 HISTORY OF UTAH.

coming here at the expense of the Government to aid and assist the civil authorities in
securing to all men their rights, in place of which they have taken it upon themselves to
execute all manner of violence and mob law to satisfy their own individual and personal
grievances. If the United States soldiery cannot fulfill the high object they were sent
here for, then far better, for the sake of the credit of the nation and the American armies,
we be let alone to ourselves.

Respectfully,

Your obedient servant,
(Signed), J. W. SHAFFER,

Governor U. T.

At the time the Governor's letter was written, General De
Trobriand was at Provo investigating the riot, in accordance with
instructions that he had received from General Augur. Learning
from the papers that Governor Shaffer had written him a letter,
after perusing the same and immediately upon his return to Camp
Douglas the commander indited the following caustic epistle to His
Excellency and handed it in person to the editor of the Deseret News,
for publication in that journal :

CAMP DOUGLAS, UTAH TERRITORY,

September 29th, 1870.
To his Excellency, J. W. Shaffer, Governor of Utah Territory,

SIR: — I was in Provo City, and had been there three days, when, yesterday evening,
I was informed, for the first time, by public papers that during my absence I had been
honored with a letter from you, the original of which was handed to me only this after-
noon on my return here. This will explain the delay of my answer, which otherwise
would have been immediate.

That the object of your letter is more with the public than with myself is suffi-
ciently shown by the fact that it was published in the Deseret Evening News, even before
the original had reached Camp Douglas ; but as you thought fit to append it to my name
you will allow me, in answer, to point out to you some of the mistakes, mis-statements,
wrong insinuations and erroneous implications which it contains ; and to furnish you
some information, which, however old for everybody else, will, to all appearances, be new
to your Excellency.

Your first mistake, Sir, is to have addressed your letter to me. Those who are
behind the scenes and know something of the game will, without difficulty, see through
it as I do ; but all others will not understand how it is that you write to the Commander
of Camp Douglas a letter exclusively in reference to matters pertaining to Camp Rawlins,
for nearly everybody knows, although your Excellency seems to ignore it, that there is no
organization of military districts in the Department of the Platle, that all posts are inde-
pendent from each other, and that their respective commanders communicate direct with

HISTORY OF UTAH. 515

the Department Headquarters. So your letter should have been addressed to the com-
manding officer at Fort Rawlins. But it may be that provided the document would pro-
duce the intended effect on the public, it was immaterial to you to whom it was
addressed. Not so to me, however, and considering its import, I take the liberty respect-
fully to inform you that you have entered the wrong pew.

Your second mistake, Sir, is to base your communication on the supposition that
because you did not hear about it — having evidently made no inquiry in the matter — no
action has been taken on the part of the military to bring the perpetrators of the outrages
at Provo to punishment. This is a gross error, as I will show you presently, by the most
precise information.

Your third mistake, Sir, is to suppose that it is the duty of the officer in command at
Camp Rawlins to make public his official report, stating all the facts. Any one familiar
with military matters would know better, and in that respect, Sir, I take again the liberty
to respectfully inform you that such reports must be sent first to superior headquarters
and made public only by proper authority and not otherwise. I hope you will not find it
strange if Major Osborne and I conform ourselves to the orders on the subject.

Your fourth mistake, Sir, is to say : " I have waited thus long, in the earnest hope
that you would have taken such action as would convince the citizens that the soldiery
was stationed at Provo to protect and not destroy." This, Sir, implies directly that I did
not do it, and it is another gross error on your part, as I propose to show you presently
that it did not take me five minutes to do my duty, while it took you five days to consider
in which way most suitable to your purpose you could appear to do yours.

Your fifth mistake, Sir, is in the appreciation of our respective duties. In that
respect I beg respectfully to inform you that it is not my duty, as you seem to believe it, to
keep you posted about what occurs in your Territory, when you shut deliberately your
door and your ears to any common information which could disturb your sickly slumbers
or interfere with your little private schemes. Nor have I to communicate to you what I
may do in the execution of superior orders or otherwise in my military capacity, without
any initiative of enquiry on your part. And I respectfully suggest that whenever any
occurrence renders a military interference necessary it is your duty to notify the nearest
post commander, making upon him any requisition for troops that circumstances may
require, and not wait passively at home, barricaded against any outside information as
you did in the present case.

Your sixth mistake, Sir — but I suppose I can stop with the fifth one, not to make this
letter too long ; I will then pass to the informations.

The riot at Provo took place on the 23rd inst. between 12 and 2 o'clock a. m. The
telegraphic dispatch of Mayor Smoot was received at Salt Lake City during the forenoon
and was sent to me without delay. Fifteen or twenty minutes after receiving it I was in
the telegraph office forwarding it to General Augur with this introductory remark: " The
following telegram is just received from the Mayor of Provo City. As Camp Rawlins is
not under my command, I can only forward it as received." The answer of General
Augur came the following day, the 24th, ordering me to proceed to Provo, etc. It was
brought to me at 8 o'clock in the evening, and on the following morning, the 25lh, about
7 o'clock I was on my way to Provo, where I arrived in the afternoon. The same even-

516 HISTORY OF UTAH.

ing before retiring, I had had a long conference with Major Osborne, and had begun to
collect information from several citizens. On the 26th 1 spent the whole morning at
Camp Rawlins and the whole afternoon with Mayor Smoot, Alderman Miller, Alderman
Sheets, Mr. McDonald and other influential citizens, taking a minute memorandum of the
damages in each house attacked by the mob, collecting information, etc., while a military
clerk whom I had taken with me for that purpose, was transcribing all the evidence pro-
duced already at the investigation before the civil authorities. The whole day of the
27th was by me devoted to a concurrent investigation with the civil authorities, and I was
so engaged at the very moment when your Excellency, at last aroused to the necessity of
doing something after having " waited thus long in the earnest hope that I would have
taken such action, etc.," concluded, " now as Governor of the Territory, sworn to pro-
tect all citizens," to ask me with great solemnity to do what? — just what had been
already done four days before !!! Nascitur ridiculous mus, here is the ridiculous rat born
from the child labor of your mountain !

I say, " what had been done already four days before," for in the early morning of
the 23rd, but a few hours af'.er the riot, one of the parties implicated was already in cus-
tody of the City Marshal and several others were prisoners in Camp, subject to any
demand of the civil authority. Major Osborne that same day offered to turn over all of
the prisoners to their custody. This offer was declined, and on the 24th, in the evening,
the party in the hands of the City Marshal was by him returned to the military for safe
keeping. The offer of Major Osborne was by me renewed on the 26th, with the same
result. After all those transactions at Provo, you will acknowledge that your communi-
cation of the 27th was most decidedly behind time and behind trulh.

Perhaps you would like to know the cause 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 cases from the jurisdiction of the Probate Court, the
prisoners if taken in custody by the City Marshal, would soon be released on a writ of
habeas corpus. The insistence of your Excellency to have the prisoners in the hands of
the civil authorities at Provo could not be in prevision of such contingency. Oh ! cer-
tainly not.

Now you may see how the matter stands : you ask me solemnly to deliver up the
prisoners to the civil authorities. The civil authorities 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.

In face of all these facts, it will be hard work for you to make anyone believe that
you were the active man in the matter, and that /was the inert one. 1 know that you
are not easily discouraged by difficulties, and that you would be much pleased to transfer
to my shoulders, part, at least, of your baggage ; but you will find me decidedly refractory
to such a load as that.

I pass over the balance of your letter, which is especially intended for the public.
Between actual facts and eloquent words the public will be the best judge. I come to
the last sentence, in which you say, " If the United States soldiery cannot fulfill the high

HISTORY OF UTAH. 517

object they were sent here for, then far belter, for the sake of the credit of the nation and
the American armies, we be let alone to ourselves."

If it was not too much of curiosity I would like to know if the real object of those
who caused the " U. S. soldiery," as you say, to be sent to 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,
" we be 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 any 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 anywhere else, it is not, as you are aware, on our application, but by the influential
request of somebody else, generally in compliance with the demand of the Governor.

To be let alone !! Why, Sir, the military itself does not wish any better. If our
soldiers were let alone instead of being poisoned physically with bad whisky and mor-
ally with bad influences, there would be no trouble with them.

That you be " let alone to yourselves" — you, meaning, of course, the people of this
Territory, including its Governor, its churches, its militia, its legislature, its judiciary, its
municipality, etc., etc. — would certainly be a great blessing to all, and 1 am happy to agree
with you on that point. Then why not try it ? and if the presence of the " U. S. sol-
diery " interferes in any way with the harmonious workings of your " happy family," a
single order from Washington may settle the question. Rest assured, Sir, that in such a
case we will all obey without hesitation or murmur, letting you alone to the full enjoy-
ment of that popularity which so justly distinguishes your administration and sur-
rounds your person in this Territory of Utah.

Very respectfully, Your obedient servant,
R. DE TROBBIAND, U. S. A,

Com'g Camp Douglas.

P. S. — As you were pleased to send your communication to the Deseret Evening
News for publication, I hope you will not have any objection to n*y using the same
privilege for (his answer.

The General's letter was a veritable bombshell in the anti-
Mormon camp. While scarcely counting upon the co-operation of
the commander at the fort to help them in the furtherance of their
schemes, "the ring" were hardly prepared for such a series of direct
thrusts, as keen as if made with a Damascus blade in lieu of a "gray
goose quill," with which the military Junius sought and found every
flaw in their armor and at every return of the weapon "brought
away blood." Said the News, commenting on the epistle: "They
[the ring] have evidently mistaken the character of the General

Til 8

HISTORY OF UTAH.

commanding at Camp Douglas. They have met

with a rebuff they will not soon forget in the blunt, honest avowal
that 'we of the army are not of a meddling temper, we are no politi-
cians, we don't belong to any ring, we have no interest in any clique,
and we don't share in any spoils.' We say they have met with a
rebuff, for although the letter in Tuesday's News was ostensibly from
His Excellency the Governor, it is really the emanation of the ring,
to which we much fear he has lent himself, and the General's letter
being in reply to that, it is, therefore, a rebuff to the entire party.
* * This letter of General De Trobriand is, if

we mistake not, the greatest surprise, coming as it does from a source
entirely un-Mormon, that the anti-Mormon ring in Utah have had
for some years. In future the ring will do well

not to count, untried, on aid and succor from all men who may
happen to be officers of the Government; for it is gratifying to know
that some among them possess the right to be considered men of
honor and gentlemen. The relations between the people of the
Territory and the military, for some years past, have been very
amicable; and so long as gentlemen are in command, there is no
reason whatever to fear anything else, notwithstanding the statement
'that much feeling exists in this community against the Federal
officers and soldiers.' '

Naturally enough General De Trobriand was criticised and con-
demned by the*anti-Mormon papers, in Utah and elsewhere, for the
stand taken by him in his letter to Governor Shaffer. A Salt Lake
correspondent of the Chicago Tribune, under the nom de plume of
" Douglas " — who was no other than 0. J. Hollister, Esq., U. S. Col-
lector for Utah, and a relative by marriage of Vice-President Colfax
— denounced the General in the columns of that paper for " taking
up cudgels for the Mormons." Said the Omaha Herald: "This
doubtless means that he has refused, for abundant reasons, to
take up the cudgels against them, perceiving, doubtless, that they
were sufficiently cudgeled already.'' In the same article the Herald
said: "The General's principal offenses appear to be that Governor

HISTORY OF UTAH. 519

Shaffer wrote him an insulting and unjust letter in regard to the
Provo investigation'; that the officer had never called on the Gov-
ernor ; that he had been the frequent guest of Brigham Young, and
that he is fond of good dinners. * The fact

undoubtedly is that General De Trobriand, being a Frenchman and a
gentleman, has refused to engage in the raid which has been
organized against the unoffending people of Utah. * * *
His business was to discharge his simple duty as a soldier and that
he has done this to the satisfaction of General Augur is proven by
the fact that he has not been displaced." *

The busy bees of journalism had scarcely quit buzzing over the
subject of the Provo raid and the correspondence growing out of it
between Utah's Governor and the commander at Camp Douglas
when another incident occurred to stir a ripple on the river of local
events and indicate still further the spirit of lawlessness that was
prevalent. It was an attempt to assassinate E. L. Sloan, Esq.,
editor of the Salt Lake Herald. The assault occurred on the evening
of Saturday, October 8th, in the Herald office on First South Street.
The assailant was Major Offley, a deputy postmaster of Salt Lake City,
an ex-agent of the Associated Press, and according to common
rumor a United States deputy marshal. He was an active and
prominent member of "the ring," and had made himself notorious
while acting in the capacity of agent for the Associated Press by the
flagrant falsehoods that he sent over the wires to deceive the
country in relation to affairs in Utah. One glaring misstatement
charged to him was based upon a trifling incident that occurred at
the time of General Augur's visit to Salt Lake in the summer of

* The General was displaced, ho.wever, before many months had passed, and his
removal was due to the machinations of the all-powerful anti-Mormon ring. Judge
McKean at Salt Lake, and Dr. Newman at Washington, were believed to have used their
influence with President Grant against General De Trobriand and caused him to be trans-
ferred to another post. He was succeeded by General Henry A. Morrow, an equally fair
and honorable gentleman and officer. General Morrow, then one of General De Tro-
briand's subordinates, conducted the court martial held at Camp Rawlins a few days after
the Provo riot.

520 HISTORY OF UTAH.

1868, when the mendacious press agent magnified the accidental
intrusion of two drunken fellows upon the scene of a reception
given in the General's honor into an attempt by the Mormons
to insult him. General Augur himself contradicted this false
statement, which was but one of many sent out by the Utah
conspirators, who have generally had in the local agents of the
Associated Press willing and pliant tools. The provocation of the
assault committed by Major Offley upon Editor Sloan was an article
in the Herald containing certain things which the Major claimed
were derogatory to his character. Calling at the office of that
journal on the evening in question, he asked to see Mr. Sloan. He
was shown to the editorial room, which he entered and locked the
door behind him. Confronting the editor he accused him of publish-
ing the article, and told him that he must retract it. Mr. Sloan
requested him to leave the office, but he refused to do so. The
editor then attempted to open the door, but had only succeeded in
unlocking it, when Offley seized him, and drawing a pistol presented
the muzzle at his breast. Before he could cock the weapon, his
intended victim had grasped it in such a manner as to prevent. At
this critical moment Mr. John T. Caine, who was connected with the
Herald in the capacity of managing editor, entered the office and
Offley was disarmed and given into the custody of the police. After
a night or two in jail, the prisoner, at the personal solicitation of
U. S. Marshal Patrick, was released. Mr. Black, the Governor's
private secretary, had previously endeavored — though not, it
appears, at the instance of His Excellency — to have Offley liberated,
but without success. The day after his release he was taken before
the District Court, indicted, and placed under bonds of two thousand
dollars to await his trial. The case was disposed of on the 26th of
October, when Major Offley was convicted of assault with intent to
kill and fined one hundred dollars. Judge McKean, who presided at
the trial, in passing sentence dwelt severely upon the conduct of the
prisoner and stated that had not Mr. Sloan earnestly appealed for
leniency to be extended toward him, no consideration could have

HISTORY OF UTAH. 521

saved him from the penitentiary. Nearly all of Offley's friends
now deserted him, including most of those whose interests he had
so faithfully subserved.

Another member of "the ring" became involved in serious
trouble about this time. On the night of the 24th of October the
United States mail coach en route from Lincoln, Nevada, to Salt
Lake City, was stopped by three men about one hundred miles south
of the latter point, near Chicken Creek, in Juab County. They
robbed the mail bags and passengers, one of whom was Judge
McCurdy, and broke open and emptied Wells Fargo and Go's,
treasure box. From the passengers were taken about fifteen hun-
dred dollars in coin. The robbers then decamped. Judge Bigler, of
the Juab county court, being informed of the affair, immediately
started Sheriff Cazier and a posse on ;the trail of the thieves, who
were captured next day and turned over to the United States
Marshal. The principal of the three culprits was William H.
McKay, keeper of the boarding house at which Governor Shaffer had
stayed on first coming to the Territory. McKay's confederates in
crime were a man named Heath, who escaped, and another, one
St. Ledger, who was released. McKay was tried before Judge
Strickland in the First District Court at Provo, found guilty, and
sentenced to five years' imprisonment. Of course Governor Shaffer
was not responsible for the misdeeds of such individuals, but the
incident serves to show the character of some of the men who sur-
rounded His Excellency in Utah, and influenced him against the
Mormons. The Governor, like the ancient visitor to Jericho, simply
"fell among thieves." This was the first mail coach robbery that
ever occurred in the Territory. The stolen money was all recovered.

A pleasant episode in the midst of so many disagreeable happen-
ings was the visit to Utah's capital, early in October, of General
William T. Sherman, Commander-in-chief of the United States
Army. The eminent soldier was returning from the West, after
attending the festival of the California Pioneers and making a subse-
quent tour through Oregon. He was accompanied by his daughter,

522

HISTORY OF UTAH.

Miss Sherman; also by Colonel Audenreid, his aide, and by General
Schofield and aide, Captain Ennis. Colonel W. M. Wherry came
with them as far east as Salt Lake. They arrived on Sunday the 9th.
In the evening the distinguished party, who were staying at the
Tovvnsend House, received a serenade from the Camp Douglas band.
Several hundred people assembled in the street before the hotel and
General Sherman was urgently solicited to make a speech. He
declined, however, and the crowd gradually dispersed. About
10 o'clock the members of the Parowan Choir, who had been
attending the Mormon Conference which had just closed, appeared
upon the scene and rendered several vocal selections. Again there
were calls for "Sherman" and "a speech." The General, who was
upon the balcony drinking in with delight the sweet strains that
ascended from below, replied: "No, no; I would rather hear the
girls sing." The choir then sang very effectively "Hard Times Come
Again No More." This seemed to touch the heart of the veteran,
who now came forward and in a few earnest words acknowledged
the compliment paid him. He said he was not going to make a
speech. He had heard that the singers were from Parowan. He did
not know Parowan only by having seen it on the 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" might "come again no more."
Monday morning General Sherman attended a military review at
Camp Douglas, and during the day himself and party were the
guests of President Brigham Young and other prominent citizens.
A day or two later the visitors resumed their journey eastward.

The next notable event in Utah was the death of Governor
Shaffer. He expired at his residence in Salt Lake City at a quarter
past 5 o'clock on the morning of Monday, October 31st, 1870. This
was but four days after the date of his letter to General Wells,
responding to the latter's first epistle to His Excellency, relative to the
musters of the Territorial militia. The cause of his demise has already

HISTORY OF UTAH. 523

been stated. Among those who were with him in his last hours,
was his brother, Colonel William Shaffer. As soon as the fact of the
Governor's death became known, flags were hung at half mast on all
the principal buildings of the city, including those of Z. C. M. I., the
Deseret News and the University. Funeral services, conducted by
Reverend G. M. Pierce, were held at the executive residence on the
afternoon of November 1st, after which the remains, escorted by the
Masonic Fraternity, several companies of infantry and cavalry from
Camp Douglas, and the Federal, Territorial and City officials, were
conveyed to the Utah Central Railroad depot, where they were
shipped to Freeport, Illinois, for interment, being escorted thither by
a guard of Free Masons.*

The same afternoon a dispatch from Washington was received at
Salt Lake, announcing that the President had appointed Vernon H.
Vaughn, of Alabama, to be Governor of Utah, and George A. Black,
of Utah, to be Secretary of the Territory. Mr. Vaughn had held the
latter office under Governor Shaffer, and Mr. Black had been the late
Executive's private secretary. This was the same Mr. Black who,
as Acting-Governor, made himself notorious during the following
summer by re-issuing Governor Shaffer's proclamation forbidding
the Utah militia to bear arms, even in honor of the nation's birth-
day,— the ninety-fifth anniversary of American freedom from British
despotism.

* The I'uneral procession from the executive residence to the railroad depot formed
in the following order : Band of the 13th U. S. Infantry ; three companies 13th U. S.
Infantry, commanded by Brevet-Colonel A. L. Hough, U. S. A.; Masonic Fraternity, J.
M. Orr, marshal ; 2nd U. S. Cavalry, commanded by Major D. S. Gordon ; Hearse,
accompanied by pall bearers — General H. A. Morrow, Dr. A. Fowler, General P. E.
Connor, R. H. Robertson, E. P. Volum, John Chislett, J. H. Wickizer and R. N. Baskin;
Clergy ; Family ; Acting-Governor ; Federal Officials ; Judiciary ; Members of the Bar ;
Territorial Officials ; Municipal Officials ; Religious societies ; Citizens. The pageant was
under the direction of Marshal M. E. Patrick, assisted by Colonel W. M. Johns, Major
\V. H. Bird and Anthony Godbe, Esq.

524 HISTORY OF UTAH.

CHAPTER XIX.

1870-1871.

THE WOODEN GUN REBELLION A PORTION OF THE UTAH MILITIA ATTEMPT TO TEST THE VITALITY OK

GOVERNOR SHAFFER'S PROHIBITORY PROCLAMATION — ARREST OF LIEUTENANT- COLONEL OTTINGER

AND OTHER OFFICERS OF THE THIRD REGIMENT THEIR DETENTION AT CAMP DOUGLAS THE

CHARGES AGAINST THEM IGNORED BY THE GRAND JURY ANOTHER ACT OF DESPOTISM

ACTING-GOVERNOR BLACK FORBIDS THE MILITIA TO BEAR ARMS IN HONOR OF THE NATION'S

BIRTHDAY HE ORDERS GENERAL DE TROBRIAND TO FIRE UPON THE MILITIA IF THEY DISOBEY

— THE GENERAL'S INDEPENDENT ATTITUDE : " MY TROOPS SHALL BE IN READINESS IF REQUIRED,

BUT YOU, NOT I, MUST GIVE THE ORDER TO FIRE " THE THREATENED COLLISION AVERTED

MORMON AM) NUN-MORMON CELEBRATIONS OF JULY 4th, 1871 THE AUGUST ELECTION A

FATAL RATIFICATION MEETING THE LIBERAL COALITION PARTY DIES BY ITS OWN HAND.

TTYHILE yielding temporary compliance with the terms of
>A/ Governor's Shaffer's proclamation forbidding all musters,
drills and gatherings of the Utah militia without his orders, it was
not the purpose of the military authorities of the Territory and the
citizen soldiery which they commanded to relinquish, without first
testing the vitality of the dead Governor's edict, their constitutional
and time-honored right to bear arms according to the laws of their
country. For eighteen years the militia organization, authorized by
the Legislature, had been continuously maintained. During the
greater portion of that period annual musters of the troops had
been held and returns thereof made pursuant to an act of Congress
approved March 2nd, 1803. It was for the purpose of permitting
Adjutant-General Clawson to make his regular return to the AVar
Department at Washington, as well as for the training of the troops,
that General Wells had issued the order for the fall musters of 1870,
which Governor Shaffer had so imperiously countermanded. His
Excellency's proclamation not only prevented the fulfillment in this
instance of the requirement of Congress, but actually precluded the

HISTORY OF UTAH. 525

complete carrying out of his own behest relative to the delivery to
Colonel Johns, his appointee as Assistant Adjutant-General, of the
arms and munitions of war belonging to the United States or to
Utah Territory then in the hands of the militia.

How General Wells requested Governor Shaffer to suspend the
operation of his proclamation long enough to permit his own com-
mand and the law of Congress to be complied with, and how the
Governor haughtily refused to grant the request, have already been
shown. Never before had such tyranny and inconsistency been
manifested by an incumbent of the gubernatorial chair. Governor
Shaffer, as before stated, acted in the premises precisely as if the
Wade and Cragin bills — measures so foreign to the genius of
American institutions, and so redolent of Russian or Oriental
despotism, that Congress had refused to pass them — were laws of the
land, in full force in the commonwealth over which he seemingly
imagined he reigned as satrap. His reckless assertion that had he
granted the request of General Wells he would have recognized an
" unlawful military system which was originally organized at Nauvoo,
in the State of Illinois," and which had " existed here without
authority of the United Slates and in defiance of the Federal officials,"
when it was well known that the "Nauvoo Legion," both in Illinois
and in Utah, was a lawful military system, authorized by the Legis-
ature of each commonwealth, and that Congress had sanctioned the
laws of this Territory providing for the organization and maintenance
of its militia under that reminiscent title, not to mention his other
misstatements, shows how thoroughly Governor Shaffer had placed
himself in the hands of the mendacious clique with whom, from
long practice in the art, nothing was quite- so "easy as lying."

We come now to the first attempt made by a portion of the Utah

militia to test the validity of the Governor's despotic edicts — one of
them directly contrary to law and both of them subversive of the
rights and liberties of the citizens of this Territory.

The beginning of November was the time when the fall musters
would have been held had it not been for the proclamation which

526 HISTORY OF UTAH.

caused them, in some districts at least, to be abandoned. Before the
end of that month an opportunity presented itself for a protest
against the act of absolutism which the militia felt to be an unwar-
rantable invasion of their rights as American citizens. The band of
the Third Regiment of infantry had obtained some new instruments
from the East. This event was regarded by a portion of the regi-
ment as a fit occasion for a jubilation and reunion. It would also
test the disposition of the new occupant of the gubernatorial chair,
and probably make known more definitely the attitude of the courts
toward the policy inaugurated by Governor Shaffer. Without the
issuance of any order by the Lieutenant-General or their command-
ing officer, certain officers in the regiment and over two hundred of
the men assembled, on November 21st, at Salt Lake City, on the
Twentieth Ward square, in the vicinity of which most of them
resided. The regimental band was there and discoursed martial
music, while the militiamen contributed their share of the pro-
gram by holding a drill. Their evolutions were watched by about
one hundred and fifty spectators, and tidings of the affair were borne
to Secretary Black, who, in the absence from the Territory of Gov-
ernor Vaughn, was acting in his stead. Mr. Black, who was com-
pletely under the influence of, and in fact identified with " the ring,"
was highly incensed at what he deemed an exhibition of contempt
for the orders of the Executive. He affected to regard the move-
ment as insurrectionary and an overt act of rebellion against govern-
mental authority, Calling upon the United States Marshal, and
accompanied by two of the latter's deputies, the irate Secretary
hastened to the scene of the incident which had excited his anger
while failing to arouse his patriotism. For a quarter of an hour he
viewed the proceedings, and then departed. Thirty minutes
later the drill closed and the militia quietly dispersed to their homes.
As had been anticipated, the matter did not end there. At the
instance of Acting-Governor Black, warrants were issued by Judge
Havvley for the arrest of the eight officers of the regiment who
participated in the drill, on the charge of treason, in being engaged

HISTORY OF UTAH. 527

in " rebellion or insurrection against the United States." During
the afternoon five officers — Andrew Burt, Charles R. Savage, William
G. Phillips, James Fennamore and Charles Livingstone — were arrested
and gave bonds for their appearance next day, On the following
morning Messrs. George M. Ottinger, Archibald Livingstone and John
C. Graham were taken into custody. At the preliminary examina-
tion before Judge Hawley, in the afternoon, George R. Maxwell was
appointed by the court to prosecute, and the following evidence was
adduced :

R. Keys examined by Mr. Maxwell: —

Where do you live ? In Salt Lake City. Where were you on the morning of the
21st of November? In this city at the court room. Were you at the Twentieth Ward
Schoolhouse during the day? Yes, sir. What did you see there ? I saw a company of
men drilling there. How were they equipped, had they guns ? Yes, sir. Can you
identify any of them ? Yes, sir, I can identify Mr. Burt, Mr. Ottinger, Mr. Phillips, the
two Livingstones — Charles and Archibald — Mr. Savage, Mr. Graham and Mr. Fennamore.

Cross-examined by Judge Snow: —

What time were you there? Between eleven and twelve o'clock in the forenoon.
You saw those men there ? Yes, sir. You saw them drilling ? Yes, sir. Had they
any music? Yes, sir. Any uniform? Yes, sir. I believe all the officers were in
uniform. Who were the officers? Mr. OUinger was giving command when I was there.
I don't know whether he was an officer or not. What others were there ? Mr. Burt.
Was Mr. Burt an officer? I don't know. Any others? Mr. Phillips. Do you know
whether he was an officer ? Don't know any more than the rest. Mr. Savage, the two
Livingstones, Mr. Graham the same. Mr. Fennamore had a gun, and should judge he
was a corporal from the number of stripes on his clothes. How long were you there?
About ten minutes. Did you talk with any of those present ? With Mr. Savage. Any
other? No. Was there any boisterousness there ? Not any in the least. What kind
of music had they ? Martial. Did you observe whether the uniform was new or old?
It was a very nice uniform. I could not see whether it was new or old. Was there any
drunkenness? No, sir. You did not see any liquor on the ground? No, sir. Do you
know how long they kept it up ? I was there ten minutes, and rode on a block or two
beyond and as I came back they were just dismissing. You went up after court
adjourned here ? Yes, sir. You remained there ten minutes ? Yes, sir. How long
were you gone before you went back ? It could not exceed ten minutes. You were not
there over twenty minutes? No, sir. When they dismissed did they march off in dif-
ferent directions ? Yes ; one company marched off down Brigham Street, another west
of the building. When you went there did you command them to dismiss? No, sir.
Did you see any women and children there ? Yes, sir, there were a good many looking
on, both women and children. Did you see any women and children in the ranks? No,

528 HISTORY OF UTAH.

sir. Were there not as many women and children as men there ? Could not say. Did
you see any flags there ? Yes, sir, What kind of flags ? My impression was that they
were the " stars and stripes." Were they dressed in United States uniform ? I don't
know that I know the United States uniform. They had hats with plumes, swords, etc.
Did you ever attend musters in the States ? Yes, sir. Was this any different to them in
any way ? (Objected to by Maxwell). Judge Snow claimed to show its legitimate bear-
ing, and that there was nothing done contrary to the laws of the United States.
(Allowed to pass). In the States we are ordered out. I did not see anything different.
Did you wear glasses on your face ? I always wear them, and I believe I can discern a
person with them as well as a person who does not wear them.

lie -examined by Mr. Maxwell: —

Describe the uniform of Mr. Ottinger, as to its marks and insignia? I was not near
enough to recognize the shoulder strap. He had a blue coat, brass buttons, a black hat
and a black plume. How many men were there in the ranks? (Question objected to,
but allowed by the court) I guess there were a hundred. How many boys and women
surrounding? Probably one hundred and fifty. How many women? I took but very
little notice, there were a good many children. What was the conversation you had with
Mr. Savage ? As I came back I met Mr. Savage coming across. I spoke to him and
said, " You have got through?" He said " Yes." I then discovered that the band was
composed of boys, and said, " You have a young band ?" He said, " Yes, that band, a
year ago, could not play a note." There was a lot of boys with wooden guns, and he
said they were going to have a drill. That was the substance of it.

George A. Black, examined by Mr. Maxwell: —

You are Secretary of this Territory ? I am. You were present at the muster? Yes.
What time was it ? I judge it was about 10 o'clock. Will you state what you saw V
I saw a number of men drilling. I should judge there were 300. They were armed
and equipped with various kinds of guns, muskets and carbines. Do you know any of
these men, can you recognize them ? 1 can. Witness identified Mr. Phillips, Mr. Charles
Livingstone, Mr. Ottinger, Captain Burt and Mr. Graham. What were they doing
particularly ? They were going through the regular military drill. Did you notice the
uniform these men wore, if so describe the uniform of Mr. Ottinger? On his coat he had
shoulder straps, a sword, a hat and a black feather in it.

Cross-examined by Judge Snotv: —

Where do you reside ? In Salt Lake City. How long have you been here ? Seven
months the 27th day of this month. You said you were up in the 20th Ward, what time
did you go there? About tl o'clock. Have you any means of knowing the precise
lime? I have not, it was after 10 and before 12 o'clock. How came you to go there?
I heard there was a drill up there. Are you acquainted with military costumes in the
States ? Yes, sir. The uniform was alike, with the exception of the hat. I never saw a
Colonel wear a hat like Mr. Ottinger wore. What is the difference in head-di-
They usually wear a cap. Do they wear a feather? I never saw one with a feather
in it. Have you ever been in the army? Yes, sir. Did you ever see a military
officer wear a hat? I never did. Did you ever see him on dress parade? Yes, sir.

HISTORY OF UTAH. 529

What is the difference of dress parade and fatigue ? When on dress parade they appear
in full dress and when on fatigue they go around loosely. There were about 300
there ? Yes, sir. How long did you remain there ? Fifteen minutes at least. What
did you do after the fifteen minutes expired? Turned round and came down town.
Where were the men then? Still drilling. Did you see any of the men after? I
did in the afternoon. You don't know what time they left ? I do not. Nor how
long they were there ? No, sir. Did you see Mr. Keyes there ? I did not. I saw
him when I was coming back, when about half way between that place and the post
office. Were you afoot? I was in a buggy, and Mr. Keyes was on horseback. Did
you come tolerably fast ? Not very, and he was riding on a slow lope. Did you see any
women and children there ? I did. A goodly number ? Probably fifteen or twenty.
There were a good many children, I did not notice any women. Did you see anything
disorderly there ? No, sir. Any drinking ? I did not. Did you hear any cursing ?
No, sir. All was order, quiet and peace ? Yes, sir. Did you see any flag there ? I
did. I think it was the American flag. Don't you know that it was ? I did not go up
to examine it. I took it to be the American flag.

Cross-examined by Mr. Maxwell : —

What munitions of war did these men have ? I noticed they had old muskets prin-
cipally ; some of them had carbines, and a number had cartridge boxes ; the officers had
swords.

On Wednesday, November 23rd, Judge Havvley rendered his
decision, asserting that, from the testimony given, he thought the
defendants had "probably committed a crime." They were therefore
held to await the action of the Grand Jury. The bond of Messrs.
Ottinger and Burt was placed at $5,000 each, and that of the others
at $2,000. They declined to give bail, and were placed in charge of
the military authorities at Camp Douglas, where they were kept ten
days, pending proceedings under a writ of habeas corpus, before
Judge Havvley, who was presiding temporarily over the court of the
Third Judicial District. He decided that they were legally detained
as prisoners. Upon this decision being made, the accused gave the
required bonds and were liberated.

The treatment accorded them during their stay at Camp Douglas
indicates the public sentiment at the time. Mormon and non-Mor-
mon merchants furnished them with delicacies, in addition to the
ample rations of food provided at the fort, and General Morrow,
who was in command during the temporary absence of General
De Trobriand, allowed them the full liberty of the camp, where they

38-VOL. 2.

530 HISTORY OF UTAH.

were given every accommodation and comfort that the place afforded.
When their final vindication came by the refusal of the Grand Jury
to indict them on any charge, the ludicrous view of their prosecu-
tion rose uppermost in the public mind, and the incident became
popularly known as " The Wooden Gun Rebellion." There was,
however, a serious aspect to the affair, not only from the infringe-
ment of constitutional rights in the premises, committed by Federal
officials, but from the fact that efforts were made to use the circum-
stance as proof that the Mormons were in a state of rebellion, and
thus induce the general government to adopt forcible measures
toward them. Failure in these efforts was wrought through the
calmness and conservatism of the Mormon people and the outspoken
utterances of non-Mormons not in sympathy with the clique that
was endeavoring to gain advantages for itself by bringing trouble
upon others.

The following summer witnessed a still more outrageous act of
despotism toward the Utah militia. Vernon H. Vaughn had been
superseded as Governor by George L. Woods, while George A. Black
was retained as Territorial Secretary.* At its first meeting in June,
1871, the municipal council of Salt Lake City decided upon an elab-
orate celebration of Independence Day, and appointed a committee
to carry out the patriotic purpose. The committee represented
different classes of citizens irrespective of religious affiliations, and
was composed of Theodore McKean, Alexander Majors, John R.
Winder, Theodore F. Tracy, General D. E. Buell, Henry W. Naisbitt,
George M. Ottinger and David McKenzie. Their policy was outlined
in the announcement that "the celebration of our national birthday
is an event in which all classes of citizens, irrespective of political
opinion, can on one common platform participate with hearty good

*0n January 12th, 1871, General Silas A. Strickland of Nebraska was nominated
for Governor of Utah, but on the 23rd his name was withdrawn and that of George L.
Woods, of Oregon, substituted. Governor Woods and Secretary Black were confirmed
on the 2nd of February and on the 19th the new Governor reached Salt Lake City. He
entered thoroughly into the spirit and purposes of " the ring " and was much disliked by
the great majority of the people.

HISTORY OF UTAH. 531

will, and unite harmoniously." A committee of non-Mormons was
also selected by a number of citizens of that class, with the avowed
purpose of holding a celebration apart from that which the City
Council had projected.

On the 10th of June a portion of the committee appointed by
the municipal authorities consulted with the non-Mormon committee,
of which Governor Woods was chairman and George R. Maxwell
secretary, in the hope that all would unite in one celebration. No
arrangements were entered into, but the discussion was of such a
nature that the non-Mormons adopted a resolution requesting
the City Council to authorize its existing committee, or a new
one which it might appoint, to meet a like committee chosen by that
already appointed by the non-Mormons, with full power to concert
and adopt means to secure a single and harmonious celebration of
the Fourth of July, "irrespective of any and all action heretofore
taken by either of the aforesaid committees." The City Council,
however, did not perceive the propriety of dismissing its committee,
already selected, or of interfering, by the issuance of new instruc-
tions, with the progress of the preparations. Hence, a resolution
was passed, stating that ample provision had been made for a
celebration in which all were invited to participate, and it was
"deemed unnecessary and, under the circumstances, unjust, either to
set aside the present committee, or otherwise to interrupt the
advanced state of their labors, which might jeopardize the approach-
ing celebration by the mass of the people."

This reply roused the ire of the non-Mormon committee and
their supporters, and the city authorities were vehemently de-
nounced in public speeches and through the newspaper organ of
the Liberals. Appeals were made to the members of their party in
other cities and to the miners throughout the Territory to come and
join in a celebration "worthy of the occasion." That it would be
anti-Mormon in its character was apparent from the averment in the
call "that the Mormon City Council of this city, acting upon their
old principle of participating in nothing unless they can be masters

532 HISTORY OF UTAH.

and dictators of the whole affair, have declined the offer of com-
promise extended to them by the liberal citizens of this place to
participate in a Fourth of July celebration."

Both committees put forth strenuous efforts to achieve success.
The City Council committee made a request of General Wells for a
detachment of the Territorial militia, with bands of music, to aid in
the celebration, and in response thereto the martial and brass bands,
one company of artillery with ordnance, one company of cavalry,
and three companies of infantry, from the Salt Lake Military
District, were ordered out. Governor Woods, chairman of the other
committee, was absent in the East at this time, but Secretary Black,
the acting-governor, was in full accord with his chief.* He there-
fore issued, on the last day of June, a proclamation countermanding
the order of General Wells, and commanding "that all persons
except United States troops desist from participating in or attempting
to participate in any military drill, muster or parade, of any kind, at
any place within said Territory, from and after this date, or until it
shall be otherwise ordered and commanded by the Governor and
commander-in-chief of the militia of the Territory of Utah.''f

This act of petty tyranny — this flagitious assault upon the
rights and privileges of American citizens in their celebration of the
natal day of their country's independence, provoked intense indigna-
tion. It was indeed one of the vilest insults that could be offered to
freemen. The patriot militia of 1775-83, by their heroic courage,

* It was currently reported that Governor Woods, as a paid agent ot " the ring,"
was using his influence with the Administration to secure the retention in office of Judges
McKean and Strickland, and was also engaged in furthering certain mining schemes. An
Associated Press telegram, dated Boston, June 28th, said : " Governor Woods, of Utah
Territory, arrived yesterday, and had an interview with the President. He states that
there are no grounds for the charges against the United States Judges, McKean and
Strickland, of Utah, now on file in the Attorney-General's office, but that they are made
in the interest of Mormons, and of certain parties engaged in mining operations who can-
not use these judges as they desire."

f Governor Woods returned to Utah in time to issue orders of a similar tenor
regarding a supposed parade of militia at Ogden on July 24th — Pioneer Day.

HISTORY OF UTAH. 533

devotion and self-sacrifice, gained for the nation the priceless boon of
liberty and, leaving its people untrammeled by the chains of kingly
despots, ushered into glorious being the greatest and freest govern-
ment on earth; the patriot militia of 1871 were, in Utah, by the act
of one whose official existence was due to the freedom which he so
basely assailed, deprived of even the opportunity of publicly rejoic-
ing, on the national holiday, in the independence which their
forefathers won.

Notwithstanding the storm of indignation that swept through
the hearts of the people, they observed the Acting-Governor's
tyrannical decree. Their remedy was not in violence or insubordi-
nation. They realized that they must abide by lawful methods. The
official who had insulted them well knew the vicious nature of his
orders, and he fancied, perhaps hoped, that they would be treated
with defiant contempt. At any rate he called upon the commander
at Camp Douglas for the soldiers of the garrison to enforce his edict
as Executive of the Territory. He had the cold-blooded audacity to
direct that if the militia appeared in parade upon the Fourth of July
they should be shot down by the regular troops. General De
Trobriand, who had returned to the Territory, was an officer who
knew his duty and would perform it unhesitatingly, but he would
not go further and add a false step. As seen, he was not a member
of "the ring," nor an admirer of their mischievous and unscrupu-
lous methods. He informed the Acting-Governor that the division
of the army under his command would be in readiness, and if
occasion arose he would place them in line of battle up to the order
to "Present arms!" But the command to "Fire! "he would not
give. That was entirely within the discretion of him who exercised
the powers of Governor and had called for the troops to act as his
posse comitatus.

When Black discovered that he could not shift the burden of
the deed contemplated by himself and his associates of "the ring"
from his own shoulders to those of the military commander, his
heart failed him. He was willing that the murderous desire should

534 HISTORY OF UTAH.

be executed by others, but when he learned that he alone must bear
the responsibility, he weakened and shrank from it. The conse-
quence was that the regular troops did not appear in force in Salt
Lake City upon that memorable Fourth of July. Numbers of them
came as spectators of the celebration, but their presence in a less
congenial capacity was not necessary. Acting-Governor Black had
neither the opportunity nor the courage to accomplish the fell pur-
pose of bringing about a collision between the United States regular
army and the Utah militia.

The observance of the national holiday by the two parties was
carried through to a finish. The celebration under the management
of the committee appointed by the City Council was the most brilliant
affair of its kind that had ever taken place in the inter-mountain
region. It was participated in by many from outside of Salt Lake
County, and in the imposing pageant was a liberal representation of
Utah's manufacturing and industrial pursuits, business interests,
schools, civic societies, etc. The companies of militia called out
were in line, but were not under arms. When the procession had
traversed its line of march, exercises were held in the great Taber-
nacle, where the vast audience of over ten thousand souls, their
hearts swelling with enthusiastic patriotism, presented an animated
and inspiring scene. The building was crowded to excess, and large
numbers of people were unable to gain ingress. A grand rendition
of "The Star Spangled Banner," by the combined musical societies
and choirs of the city, was followed by prayer from the chaplain,
Apostle Orson Pratt, who besought the Almighty that religious
liberty and universal freedom might " continue to spread forth, until
the whole of this vast continent, from the North Pole even to the
uttermost extremity of South America, shall come under the domin-
ion of freedom and under the rule of this great Republic." The
reading of the Declaration of Independence by Colonel David
McKenzie, a splendid oration by Hon. George Q. Cannon, orator of
the day, and patriotic addresses by Hons. John T. Caine and Alexan-
der Majors, were features of the occasion. Suitable musical selections

HISTORY OF UTAH. 535

were liberally interspersed through the program, the regular order
of which was varied from by the addition of a spirited speech, in
response to numerous calls from the audience, by Hon. Thomas
Fitch, who had two months previously become a resident of Salt
Lake City. At sunrise, noon and sunset artillery salutes were fired,
while a pyrotechnic display on Arsenal Hill in the evening closed the
day's observance.

The non-Mormon celebration, though in some respects very
creditable, was by comparison a small affair. The procession in-
cluded several decorated vehicles representing mercantile interests,
a number of carriages containing officials and citizens, and a few
wagons loaded with ore and bullion. The exercises, which were held
in the Liberal Institute, were enlivened by the excellent music of the
Thirteenth Infantry Band, the veteran actor Mr. T. A. Lyne read the
Declaration of Independence, General George R. Maxwell was orator
of the day, and speeches were made by Amasa M. Lyman, Colonel
Jocelyn, Wm. S. Godbe, Judge Toohy, E. L. T. Harrison and Major
C. H. Hempstead. Most of the speakers were eloquent in their
utterance of patriotic sentiments, but some were rancorously abusive
of the Mormons. Notable in the latter respect was Judge Toohy, of
Corinne, whose address was described by his party sympathizers at
the time as a "malicious assault on Mormon Utah."

We shall now see how the spirit of anti-Mormonism that was
fast becoming rampant in Utah acted as a boomerang to split the
newly organized Liberal Party. As previously stated, a political
coalition had been formed between the Gentiles proper, the seceders
from the Mormon Church known as Godbeites, and apostate Mormons
generally. As -shown, it was the avowed purpose of the supporters of
this combination to effect what they conceived to be a necessary re-
form in the politics of the Territory. With the policy which they had
marked out, they hoped, by conservative and careful action, to not
only enlist all outside the People's Party under their leadership, but
to draw largely from the ranks of the supposed disaffected voters in
that organization. There was to be an election in August, 1871, for

536 HISTORY OF UTAH.

members of the Legislative Assembly, and while there was no likeli-
hood that the coalition would win, its leaders saw before them such
brilliant prospects that they anticipated polling a vote which would
astonish their political opponents by its magnitude. With a promise
of Mormons, non-Mormons, Federal officials and ex-Mormons en-
gaged in a vigorous and earnest campaign, local politics began to look
interesting. The Liberals were jubilant over the showing they
expected to make on election day. The People's Party, however,
looked down upon the coalition as an intumescence, wherein but little
further pressure was needed to burst the bladder-like integument.

The contest at this election was practically limited to the legis-
lative council district comprising the counties of Salt Lake, Tooele
and Summit. On the ticket nominated by the Liberals were J. Robin-
son Walker, Samuel Kahn, Wells Spicer and C. C. Beckwith. The
People's Party candidates were Wilford Woodruff, George Q. Cannon,
Joseph A. Young and William Jennings. The Liberal ratification
meeting, held on Saturday, July 22nd, in the Liberal Institute, was
well attended, the audience including a number of Mormons; for it
had been intimated that anti-Mormonism would be debarred and the
olive branch of peace extended to all. The assembly was called to
order by ex- U. S. Marshal, J. M. Orr. Governor Woods was chosen
chairman, Colonel Warren vice-chairman and W. P. Appleby Secretary.
The Governor expressed his wish to add, as an American citizen, to
the prosperity of the Territory. He refrained, because of his official
position, from taking part in the discussion of local politics, but intro-
duced General Maxwell, who convulsed the meeting by a wildly rabid
anti-Mormon harangue. His assertion that it was the Liberal Party,
then about sixteen months old, which had brought "the supremacy of
the law and the safety of life and property in Utah," and his attack
upon the past management of political affairs in the Territory, were
vehemently cheered by the members of the coalition ; but when he
began to heap abuse upon the domestic relations of the Mormon
community, and consequently upon the family affairs of some of the
Godbeites, who were still polygamists, the reception given to his ex-

HISTORY OF UTAH. 537

pressions made him feel that he was committing some sort of blunder
toward his own supporters. Maxwell was bold to recklessness, but
the lack of sympathy in his nature produced a corresponding lack
of consideration for the feelings of many who wished to befriend
him. When he did realize his error, he sought to retrieve it, but his
harsh intercalations were the reverse of apologetic, and instead of
acting as an emollient, served to still further ruffle the feelings of
Kelsey, Godbe, and other leaders of the coalition which his violent
denunciations had disturbed.

Had there been no further exhibition of this nature at the
meeting, the rent made by Maxwell in the party canvas might
possibly have been repaired; but like the tiger that has once tasted
blood, the anti-Mormon element in the combination thirsted for more,
and called loudly for Judge Toohy. That individual came forward,
and the tenor of references made by him to the people of Utah may be
fairly judged by one of his opening sentences: "Here in Utah sensu-
ality and crime have found a congenial home; here immorality has
been lifted up where virtue ought to reign." The speech and other
proceedings at the meeting are thus described by the Salt Lake Herald:

" Colonel Toohy as usual devoted his speech to a eulogy of the
Catholic Church, without stating, however, whether he believed
in the dogma of Papal infallibility. At this period in his diatribe,
a gentleman with a small body but plentiful brains called the
speaker to order, demanding that he should confine himself to a
discussion of the principles of the party and not obtrude his religious
views upon the audience. This called forth a storm of applause and
hisses, which at once demonstrated the piebald character of the
assemblage. Colonel Toohy proceeded but was again interrupted
by Mr. Tullidge, when the latter gentleman was requested to 'dry
up' until the former had concluded and then take the stand. The
Colonel soon subsided, having evidently exhausted his vocabulary of
vulgar epithets, and Tullidge, with fire gleaming in his eye, mounted
the rostrum and 'spoke his mind' very plainly, perorating with the
remark that he was as much opposed to the theocracy of Rome as

538 HISTORY OF UTAH.

that of Salt Lake, and that he could not see difference enough to
split between the Pope and Brigham Young. Cheers and hisses fol-
lowed this utterance of Mr. Tullidge.

"Several gentlemen, some of whom were present, were vocifer-
ously called upon to take the stand, but none responded — except
Judge Haydon, who did so to offer as an apology for not speaking
that it was neither his fight nor his funeral — as each one was afraid
of putting his foot in it. After repeated calls, Mr. Eli B. Kelsey
appeared upon the platform, and then the fun which was fast when
Tullidge collapsed became furious. He opened by remarking
(alluding to the speeches of General Maxwell and Colonel Toohy)
that he was insulted ; that in identifying himself with the Liberal
Party he did not suppose that he was enlisted in a crusade against
the Mormon people; arid that he was disgusted with the vulgar
abuse heaped upon them that night.™ He avowed himself a polyga-
mist; said he would sacrifice his life rather than repudiate his wives
and children, and hurled back to Colonel Toohy the epithet 'hogs'
which the latter gentleman had applied to polygamists. The speech
throughout was accompanied by volleys of cheers and hisses and
calls for Toohy, and at one time these demonstrations were so
obstreperous as to call for the interference of Governor Woods, who,
in a few sensible remarks, succeeded in restoring order. Before the
conclusion of Kelsey's speech, the dismay which the outbreak of
Tullidge had inaugurated on the countenances of the gentlemen on
the stand, deepened to funeral sadness, and an earnest consultation
among them resulted in a resolution to adjourn to avoid the danger
of further apostasy; and so they adjourned, although a majority of
the audience favored the prolongation of the performance. The
Liberal Party is dead, disembowelled by its own hand."

The coalition had burst. Its candidates on the legislative ticket
were chagrined at the turn affairs had taken, and one of them, Mr.
Beckwith, repudiated his nomination. Eli B. Kelsey had a long
letter in the Salt Lake Tribune, in which he said: "The spirit of
the proceedings in the mass meeting of the Liberal party, held on

HISTORY OF UTAH. 539

Saturday, the 22nd instant, convinced me that a portion of those
who assume to lead are bent upon a war upon the people of this
Territory on social and religious grounds. They did not disguise
the fact that they utterly ignored the necessity of affiliating with the
reform party in Utah in their efforts to bring about a peaceful solu-
tion of the questions at issue between the Mormon Priesthood and
the Government of the United States. The reform party have per-
sistently striven to convince the people that they are their friends
and not their enemies. Every word of the blatant demagogue who
slandered the people of Utah in that meeting convinced me that the
small but active element that seeks control of the Liberal party is
filled with bitterness and would fain inaugurate a social and
religious war upon the people of this Territory. I

have frequently borne witness to the integrity of the Mormon
people; their fidelity to their religion; their morality, industry and
sobriety; and no party which harbors designs against the peace and
welfare of the people of Utah shall ever have my co-operation."

The Tribune attempted to mend matters by editorial utterances
such as these: "The Liberal party of Utah has a noble mission-
one worthy the best efforts of the best men of the Territory. The
questions at issue come home to the people, and should therefore be
considered calmly, carefully and dispassionately. Narrowness,
uncharitableness, bitterness and prejudice should be banished from
the party councils, and denied a hearing in the public meetings.
Fairness, firmness and moderation should characterize every act of
every man who assumes to speak as a representative of the party.
We want no cliques among the Liberals in this campaign, and no
leaders — self-constituted or otherwise — who appeal to the passions or
prejudices of the people. The party has quite enough to attend to
in opposing the rule of the Church over political affairs, without
spending time and fomenting discussions in its own ranks by useless
opposition to particular institutions of the Church. We can oppose
the union of church and state without stopping to quarrel about
church doctrines. Polygamy is a social if not a religious institution

540 HISTORY OF UTAH.

of the Territory, and it is established in such a manner that it cai
not be suddenly extirpated. Neither is there any necessity for such
violent measures. It is an institution which, if let alone, will die of
itself, for the simple reason that it is not in harmony with its present
surroundings. It needs no opposition. On the contrary, persecu-
tion will but serve to prolong its life.

"Having the good of the Liberal party at heart, and ardently
desiring its success, we here protest against the attempts some weak,
misguided men are making to force this political organization into a
raid on the domestic institutions of the Territory, an object entirely
foreign to its original design and present desire of nine-tenths of
those who organized and now compose the Liberal Party of Utah.
The party has legitimately nothing to do with the social questions,
and with religious questions nothing further than to oppose the
union of priestly with political rule."

But all to no purpose. The coalition was at an end. A demon
had been conjured up that could not be controlled, and the minority
of the "reformers" were irretrievably overwhelmed. At the election
the People's Party cast 4,720 votes in this council district ; the oppo-
sition having only 620. Henceforth the Liberal Party was utterly
devoid of the reform feature. It was anti-Mormonism unmixed.—
bitterness and rancor to the heart's core. Elements of respectability
from time to time have become attached to it, and at intervals have
directed its policy ; but one by one these are breaking away, leaving
the party to die, poisoned by the exudations of its own encysted
venom.

HISTORY OF UTAH. 541

CHAPTER XX.

1870-1871.

CHIEF JUSTICE McKEAN — HIS CHARACTER AND CAREER — EVENTS OF HIS ADMINISTRATION — THE

BATES REVIEW HON. THOMAS FITCH ON THE CHIEF JUSTICE AND HIS SATELLITES THE

CASES OF ORR VERSUS MCALLISTER AND HEMPSTEAD VERSUS SNOW THE TERRITORIAL

OFFICERS RULED OUT THE PROBATE COURTS CURTAILED MORMONS DENIED CITIZENSHIP

RECAUSE OF THEIR RELIGIOUS BELIEF THE ENGLEBRECHT TRIAL THE JURY LAWS SET

ASIDE A PACKED JURY AND ITS VERDICT U. S. ATTORNEY HEMPSTEAD RESIGNS JUDGE

MCKEAN APPOINTS R. N. BASKIN IN HIS STEAD A LACK OF FUNDS CAUSES A DEADLOCK IN

THE FEDERAL COURTS JUDGE MCKEAN IN ANGER DISMISSES THE GRAND AND PETIT JURORS

THE PRESS ON THE UTAH SITUATION.

'T is time that we turn our attention to events connected with the
administration of Chief Justice McKean, some of which run
parallel in chronology with most of those narrated in the two
preceding chapters. What Governor Shaffer was in a political and
military way against Mormondorn, Judge McKean proved to be in a
judicial manner and direction. Each in his own line followed
methods similar to those pursued by the other; seeking by lawless
and tyrannical acts to correct and put an end to the alleged lawless-
ness and tyranny of the Mormons. Governor Shaffer did not live to
reap the results — the humiliating results that would doubtless have
followed a continuation of his arbitrary course. Judge McKean, on
the contrary, survived his first mistakes upon the Utah bench only to
pull down upon himself eventually the tottering fabric of his accumu-
lated blunders, from beneath the crushing debris of which he never
emerged.

James B. McKean was a native of the State of Vermont, where
he was born on the 5th of August, 1821, in a house that stood on
the battlefield of Bennington. He was the son of Andrew and
Catherine B. McKean, and his father was a Methodist clergyman.

542 HISTORY OF UTAH.

The greater part of his life was spent in the State of New York,
where he resided up to the time of coming to Utah in the summer of
1870. He was then forty-nine years of age. Erect and well-formed,
though not of stalwart frame, he was an amiable appearing gentle-
man, and that appearance undoubtedly betokened the general nature
of the man. In society few could be more courteous, pleasant and
winning than Judge McKean. These qualities, added to his intelli-
gence, made him many friends, who were warmly attached to him.
He was an accomplished scholar, could write a good newspaper or
magazine article, and indulged at leisure hours in verse-building; in
fact, he delighted in literature generally. Some of the poetry which
fell from his pen is said to have possessed much merit. Withal he
was a brave man, and a determined one, and but for the element of
fanaticism in his nature, so manifest in his dealings with the Mor-
mons, a proneness to prejudice, which blinded his judgment, biased
his official conduct, and trailed, like a serpent among flowers, over all
the noble traits of his character, would have been "a man picked
out of ten thousand " for most of the qualities that go to make up a
rounded and complete manhood. He was naturally of an imperious
disposition, but much of the irritability and passion which he mani-
fested was doubtless due to his physical infirmities. His health
during the closing years of his life declined rapidly. No one, as
previously stated, questioned his sincerity, his patriotism, his earn-
estness in discharging what he deemed to be his duty; but neither
did any doubt, who saw him as he really was, and were not so kind
to his virtues, or so blinded by self-interest, as to be unable to per-
ceive the faults of their friend, that he was a religious fanatic, one
who apparently thought more of the mission which he believed God
had given him to break up Mormonism than of the oath he had
taken as a United States magistrate, sworn to uphold the laws and
mete out equal and impartial justice to all. Hence his surname of
"Mission Jurist," or "Mission Judge," bestowed upon him soon after
his arrival in Utah.

It does not mend matters to say that Judge McKean believed

HISTORY OF UTAH. 543

himself to be an upright judge, a merciful magistrate. So, too, no
doubt, did Jeffreys — England's judicial infamy — and likewise the
Spanish inquisitor Torquemada. A poet or painter is not always
the most competent critic of his own production; a magistrate not
always the best judge of his own justice. Neither are a friend's plau-
dits any more than an enemy's detractions to be taken as conclusive
in such cases. Judge McKean's record is just what he made it, and
neither the flattery of friends nor the aspersions of foes can change
it one iota. In dwelling upon that record, while we seek through
charity to something extenuate, we set down naught in malice.
Facts, and facts only are here "submitted to a candid world."

James B. McKean came to this Territory with the prestige and
experience of an honorable past to lend luster to his local position
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. Sent to Congress from the district in
which he resided, he remained a member of the National Legislature
until after the beginning of the Civil War. In 1862 he resolved to
take the field and fight for the Union. 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
pursuing his profession in the metropolis when he received his
appointment as Chief Justice of Utah. This, as stated, was in June,
1870, and on the las,t day of August of that year he arrived at Salt
Lake City. He was installed in office on the 5th of September and
forthwith began his career as a "mission jurist" in the midst of
Mormondom.

Simultaneously with his advent began the gubernatorial and
judicial crusade against the Mormons, determined on by the local
Federal officials and their advisers, aiders and abettors. This move-
ment, the general phases of which were approvingly watched from

544 HISTORY OF UTAH.

afar by the heads of the Government, who did not learn until much
mischief had been wrought that they had entrusted power to men
who were unable, from their passions and prejudices, to wisely and
at the same time vigorously use it, started so promptly with the
seating of McKean in the chair of the Chief Justice as to force the
conclusion that the subsequent proceedings had been precon-
certed; that the machinery had been prepared, wheels oiled, knives
sharpened, and that the entire enginery had but awaited the coming
of the master hand to set ^the mills to grinding. True,- there had
been some preliminary movements before the main action began. A
decision by Chief Justice Wilson, in a case entitled Orr versus
McAllister, denying the right of the Territorial Marshal to exercise
the functions of his office in the District Courts, had been gleefully
received by the anti-Mormons, being regarded by them as something
of an offset to Secretary Mann's alleged pro-Mormon attitude in
the woman suffrage matter, as well as a precursor to other events
about to occur in the interests of their cause. The extra
troops that they had asked for — having represented them as neces-
sary to overawe the Mormons and protect the lives and property of
the Gentiles — had been sent and were encamped almost within
hailing distance of the peaceful settlement which some of the soldiers,
a few weeks later, so disgracefully raided. But up to the time of
Judge McKean's arrival no general movement had taken place on the
part of the crusaders. The abatement of the Englebrecht liquor
establishment had preceded by a few days the coming of the Chief
Justice, but the famous trial that grew out of it, in which he figured
so conspicuously, was an event yet in the. future. Governor
Shaffer's proclamation forbidding the musters of the militia, and
unlawfully appointing over them a Major-General in the person of
P. E. Connor,* was issued just ten days after Judge McKean took his

* Governor Shaffer also took the position that all Territorial officers not provided for
in the Organic Act should be appointed by the Governor and he therefore commissioned
on August llth, 1870, G. W. Bostwick as Auditor of Public Accounts. This office was
then held by William Clayton, Esq., who had been elected by the Legislature and com-

HISTORY OF UTAH. 545

seat in the Third Judicial District. Seven days after the issuance of
the proclamation the Provo raid occurred, and by this time the
District Courts were in full blast, dealing Mormondom on right and
left what were designed to be damaging blows. But those blows,
unfortunately for those who dealt them, were mostly illegal, and
there came a time when other cheeks than those of the hapless
Mormons were involuntarily turned to the smiter — the cheeks of
Utah's Federal Judges, and the smarting that resulted from the ear-
cuffing process in their cases was none the less painful, none the
more easily borne, because administered by the broad and mighty
palm of the Supreme Court of the United States.

Judge McKean, in pursuing the tenor of his anti-Mormon career,
was zealously assisted by his associates, Judges Hawley and Strick-
land; men of much smaller caliber than himself, but equally bigoted
and hostile to the people among whom they had been sent to admin-
ister law and mete out justice. Judge Hawley was professedly a
pious Methodist, and like Judge McKean, who is said to have owed
his appointment to the influence of Dr. Newman and the Methodist
Church, found it difficult to forget or forego his religious predilections
and animosities even upon the bench. Judge Strickland was no less
a "mission jurist" than his confreres, but if he mingled religious
zeal with his prejudice against the Saints we are not aware of it.
He was really an imitator of Judge McKean, his acts and policy, so
far as his limited ability would permit, being a reflex of those of the
Chief Justice. Hawley, on the contrary, frequently disagreed with his
brothers on the bench, more as to method of procedure, however,
than as to his general anti-Mormon policy. All, or nearly all the Fed-
eral officials in Utah at this time, and the anti-Mormons to a man,

missioned by Acting Governor Mann about six months previously. In reply to Mr. Bost-
wick's demand for the surrender of the office, Mr. Clayton informed him that he was not
aware that the Auditor's office was vacant, and he therefore declined to accede to the
request to turn over books, papers and other property thereto appertaining to any person
not legally entitled to receive them. Attorney-General Snow, the legal adviser of the
Territory, sustained Mr. Clayton in his position.

39-VOL 2.

546 HISTORY OF UTAH.

held up the hands of Judge McKean, whom they regarded as their
Moses, while Gentile Israel fought against Mormon Amalek. In fact
there was a conspiracy among the representatives of the Government
and the enemies of the Saints generally, to use all the powers and
functions of which they found themselves possessed, and all that
they could grasp additionally, to encompass the destruction of
Mormonism. To accomplish that object it was resolved that the
liberties and even the lives of the leaders of the devoted community
should not stand in the way.

The first step taken in this direction by Judge McKean and his
coadjutors was the attempted abrogation of certain laws enacted by
the Legislature in the early times of the Territory, laws which
evidently had as a portion of their original purpose the protection of
the people against the prejudiced and persecutive actions of just
such fanatical crusaders as Judges Hawley, Strickland and McKean.
We refer to the acts of the Legislative session of 1851-2 investing
the Probate Courts with general civil, criminal and chancery juris-
diction, and creating the offices of Territorial Marshal and Territorial
Attorney-General, as briefly set forth in Chapter xxiii, Volume I. of
this history. These laws, though their validity had been questioned
by some who had worn the Federal ermine in Utah, notably Judge
Drummond and Judge Stiles — the latter of whom, upon this very
point, became involved in a quarrel with several local attorneys
whom he accused of intimidating his court — had been held as valid
and actions taken under them confirmed by other Federal Judges.
and had received by tacit approval the sanction of Congress for
nearly twenty years. They had therefore become to all intents and
purposes laws of Congress for this Territory. Such was the Mor-
mon view of the matter, and it was the view of many non-Mormons
as well. The principle involved is explained in the following extract
from a review of Judge McKean's administration by George Caesar
Bates, Esq., who, during a portion of that eventful period, was
United States District Attorney for Utah. Mr. Bates was one of the
non-Mormons to whom we refer. Says he :

HISTORY OF UTAH. 547

The events lo which allusion is made occurred during the years 1870-1-2-3-4, and in
the spring of 1875, finally culminating in the removal of Chief Justice McKean from an
office which he had disgraced and abused in a manner to which the world can furnish no
parallel. Appointed through the Jesuitical influence of the Methodist Church, and sus-
tained by the combined bigotry of the land, his downfall only came through the sheer
recklessness of his despotic and brutal career.

A careful search of the records will reveal how, through such instrumentalities as
those of packed grand and petit juries, a corrupt judge, a pretended United States district
attorney, appointed by that judge, and the State's evidence of an atrocious murderer, who
purchased his own immunity from justice by his perjury, it was intended to consummate
the judicial murder of Brigham Young, Mayor Wells, of Salt Lake City, Hosea Stout,
Joseph A. Young and other leading Mormons, on charges the most absurd and untrue.

Chief Justice McKean and his co-conspirators had their plans apparently well laid,
but 'man proposes, God disposes.' Chief Justice Chase and his associates, inspired by
the God of justice, stepped in at the last moment, overwhelmed the enemies of the Mor-
mons, and scattered to the winds their unrighteous machinations. Before we present the
proofs, however, from the records of this most remarkable providential interposition to
arrest the hands of those would-be judicial murderers, we will give an analysis of the
laws bearing upon the case, as expounded by the Supreme Court of the United States.

In the case of Dred Scott, Chief Justice Taney said :

" But the power of Congress over the person or property of a citizen (m a Territory),
can never be a mere discretionary power under our Constitution and form of government.
The powers of the Government and the rights and privileges of the citizen are regulated
and plainly defined by the Constitution itself. And when the Territory becomes a part of
the United States, the Federal Government enters into possession in the character
impressed upon it by those who created it. It enters upon it with its powers over the
citizen clearly defined, and limited by the Constitution, from which it derives its own
existence, and by virtue of which alone it continues to exist and act as a government
and sovereignty. It has no power of any kind beyond it ; and it cannot, when it enters a
Territory of the United Stales, put off its character and assume discretionary or despotic
powers which the Constitution has denied to it. It cannot create for itself a new character
separate from the citizens of the United States, and the duties it owes them under the
provisions of the constitution. The Territory being a part of the United States, the
government and the citizen both enter it under the authority of the Constitution, with their
respective rights defined and marked out ; and the Federal Government can exercise no
power over his person or property, beyond what that instrument confers, nor lawfully
deny any right which it has reserved."

" A reference to a few of the provisions of the constitution will illustrate this
proposition.

" For example, no one, we presume, will contend that Congress can make any law for
a Territory, respecting the establishment of religion or the free exercise thereof, or
abridging the freedom of speech or of the press, or the right of the people of the Territory
peaceably to assemble, and to petition the Government for the redress of grievances. Nor
can Congress deny to the people the right to keep and bear arms, nor the right to

548 HISTORY OF UTAH.

trial by jury, nor compel any one to be a witness against himself in a criminal pro-
ceeding.

" These powers and others in relation to rights of person, which it is not necessary
here to enumerate, are, in express and positive terms, denied to the general Government ;
and the rights of private property have been guarded with equal care. Thus the rights of
property are united with the rights of person, and placed on the same ground, by the fifth
amendment of the Constitution, which provides that no person shall be deprived of life,
liberty and property, without due process of law. And an act of Congress which deprives
a citizen of the United States of his liberty or property, merely because he came himself
or brought his property into a particular Territory of the United States, and who had com-
mitted no offense against the laws, could hardly be dignified with the name of 'due pro-
cess of law.'

" So, too, it will hardly be contended that Congress could by law quarter a soldier in
a house in a Territory without the consent of the owner, in time of peace ; nor in time
of war except in a manner prescribed by law. Nor could they by law forfeit the property
of a citizen, in a Territory, who was convicted of treason, for a longer period than the life
of the person convicted ; nor take private property for public use without just com-
pensation.

" The powers over person and property of which we speak are not only not granted
to Congress, but are in express terms denied, and Congress is forbidden to exercise them.
And this prohibition is not confined to the States, but the words are general, and extend
to the whole territory over which the Constitution gives power to legislate, including those
portions of it remaining under Territorial government, as well as that covered by State
government. It places the citizens of a Territory, so far as these rights are concerned,
on the same footing with citizens of the States and guards them as firmly and plainly
against any inroads which the general Government might attempt, under the plea of
implied or incidental powers. And if Congress itself cannot do this — if it is beyond the
powers conferred on the Federal Government — it will be admitted, we presume, that it
could not authorize a Territorial government to exercise them. It could confer no power
on any local government, established by its authority, to violate the provisions of the
Constitution."
***********

Congress, in 1850, acting on this theory of the entire separation of all the duties and
acts of the United States officers in Utah from those of the Territorial ofiicers thereof, in
enacting the organic act for Utah, had provided by sec. 10, as follows :

" There shall be appointed for the District of Utah a United Stales District Attorney,
who shall continue in office four years unless sooner removed by the President ; and who
shall receive the same pay and emoluments as the attorney of the United States for
Oregon ; and there shall also be appointed a United States Marshal for the Territory of
Utah, who shall execute all processes issuing from said courts, when exercising their
jurisdiction as circuit and district courts of the United States. He shall perform the same
duties and be subject to the same pay as the Marshal of the present Territory of Oregon."

The duties of the United States District Attorney for Utah are thus defined by the act
of Congress of September 24th, 1819, sec. 35, vol. 1, U. S. Stat. at Large:

HISTORY OF UTAH. 549

" There shall be appointed in each district a person learned in the law to act as the
attorney of the U. S. in such district, who shall be sworn, etc.; and whose duty it shall
be to prosecute in such district all delinquents for crimes or offences cognizable under the
authority of the United States, and all civil actions in which the United States shall be
concerned, except in the Supreme Court."

And by the 2nd sec. of the same act, the duty of the United States marshals are thus
defined :

" It shall be their duty to attend the district and circuit courts, when sitting and to
execute, throughout their districts, all lawful processes directed to them, and issued under
the authority of the United States."

By the same organic law of Utah it was provided : " That the first six days of every
term of the Territorial District Court, or so much thereof as shall be necessary, shall be
appropriated to the trial of causes under the" laws of the United States ;" and during those
six, or any other days, when the courts were engaged in enforcing the laws of the United
States, the United States marshal and district attorney performed precisely the same duties
as the same officers would do in the Federal Courts in the States of the Union.

The Territorial Legislature, to enforce Territorial laws, had, on March 3rd, 1852 >
provided by statute for the election of a Territorial marshal and attorney-general, by a
joint vote of both branches of the legislative council, by which all the duties of the
attorney-general were thus defined. " To attend to all legal business on the part of the
Territory before the courts, where the Territory is a party, and prosecute Indians accused
of crimes, in the district in which he keeps his office, under the laws of the Territory of
Utah." And the duties of Territorial marshal were declared to be " to execute all orders
and processes of the Supreme and District Courts of the Territory, in all cases arising
under the laws of the Territory."

This latter statute had been affirmed by Congress, for over twenty-two years, by its
tacit approval thereof — and so had become, to all intents, the law of Congress itself.

It will thus be seen that, by the acts of Congress, the duties of United States district
attorney and marshal for Utah were precisely the same as those in all the States of the
Union, while the offices of Territorial attorney-general and marshal were the same as
those of attorney-general and sheriff of the several States.

Under this state of things the conspirators deemed it necessary at the outset to get rid
of the Territorial marshal and attorney-general, and vest their duties in the United States
marshal and district attorney. They also wished to nullify the statutes of Utah providing
for the drawing and impaneling of grand and petit jurors, as they could not otherwise
use the courts as instrumentalities for the destruction of the Mormons.

The same principle set forth by Mr. Bates as having governed
the Legislature in creating the offices of Territorial Attorney-General
and Marshal, after Congress had provided for the appointment by the
President and confirmation by the Senate of a United States District
Attorney and Marshal for Utah, doubtless actuated the local law-
makers in clothing the Probate Courts with extended powers,—

550 HISTORY OF UTAH.

powers almost if not quite equal to those exercised by the District
Courts. That principle, in brief, was the great democratic doctrine
of local self-government. The District Courts were instituted and
the Federal Judges provided by the Government for the trial of
causes arising under the acts of Congress and of the Legislature.
The United States District Attorney and Marshal were to attend, each
in his legitimate sphere, to the business arising under the acts of
Congress, while the Territorial Attorney-General and Marshal, in
their respective spheres, were to attend to the legal business aris-
ing under the laws of the Territory. Both sets of functionaries
were officers of the District Courts, but their duties were distinct and
separate. The Federal Government defrayed the expenses incident
to the settlement of United States business in the courts, and the
Territory assumed the cost of its own. It was partly due to the fact
that, as early as 1851, Hon. Elisha Whittlesey, Comptroller of the
National Treasury, informed the Utah Legislature that the general
government would only pay for the settlement of United States
business in the courts, that the Legislature created the Territorial
offices in question. They believed they had a right to do so, under
the powers conferred in the organic act, and that they did have that
right was admitted by Congress in its tacit approval during a period
of twenty-two years of the law creating those offices. The immedi-
ate cause of the enactment of the law investing the Probate Courts
with general jurisdiction, was firstly, the conduct of the "runaway
judges," Messrs. Brandebury and Brocchus, whose unceremonious
departure from the Territory threw too heavy a burden of duty
upon their associate Judge Snow; and secondly, the subsequent
practice of some of the Federal Judges of absenting themselves for
long periods from their districts, and even from the Territory, leaving
litigants without recourse to their tribunals. There is little doubt,
however, that a regard for the great democratic principle pointed out
by Mr. Bates — the inherent right of the people of a State or Terri-
tory to regulate under the Federal Constitution their own internal
affairs — also had its effect in shaping the legislation. Doubtless the

HISTORY OF UTAH. 551

fear, well founded it seems, that judges would be sent to the Terri-
tory who would use the tribunals over which they presided as
engines of oppression, was one of the reasons why the Legislature
clothed the Probate Courts — whose officers, instead of being sent
from abroad were elected by the people or their representatives —
with unusual powers. A similar reason — the fear of conspiring
United States Attorneys and Marshals, using their functions to perse-
cute, and not merely to prosecute — may have influenced in part the
creation of the offices of Territorial Attorney-General and Marshal.
A desire to maintain the principle of local self-government, how-
ever, was doubtless the ruling motive. And that motive, strength-
ened by an apprehension of just such reigns of terror as Utah has
seen during the administration of some Federal officials, caused the
Legislature to reconsider its partly formed purpose of 1852-3, to
limit the jurisdiction of the Probate Courts and abolish the Ter-
ritorial offices mentioned.

It was to the task of ridding themselves and their courts of the
Territorial Marshal and Attorney-General, and the vesting of their
respective powers in the United States Marshal and District Attorney,
as well as of limiting the jurisdiction of the Probate Courts, so as to
bring most of the legal business, civil and criminal, before the tribu-
nals over which they themselves presided, that Chief Justice McKean
and his associates first addressed themselves. It was also their pur-
pose, as we shall see, to nullify the local statutes providing for the
drawing and empaneling of jurors, in order that juries might be
selected by their own minions, of a character and complexion suited
to their designs, and the right of trial by jury — that bulwark of
liberty — practically abolished so far as Utah and the Mormons were
concerned.* In short, these religious fanatics, ostensibly United

* President George A. Smith says of these judges : " They paralyzed the judiciary of
the several counties by declaring the statutes void that conferred civil and criminal juris-
diction upon the Probate Courts, which those courts had exercised for twenty years. They
decided that the Territorial laws under which jurors were drawn from the assessment
rolls of the counties were void, and that all jurors must be selected by the United States

552 HISTORY OF UTAH.

States judges, but in reality Methodist missionaries clothed in the
ermine of Federal authority, in their zeal to crush out the hated
system of Mormonism, which, in the persons of Brigham Young and
Orson Pratt, had just won such a signal victory in an epistolary and
polemical way over their redoubtable champion Doctor Newman, prac-
tically assumed the functions of Congress and the Legislature, setting
aside the time-honored laws of the commonwealth enacted by the
people's representatives, and superseding them with legislation of their
own. That legislation, as shall be shown, was no more nor less than
certain vitalized sections of the defunct Cullom bill, which Congress
had failed to pass, partly if not wholly from a sense of its flagrant in-
justice and iniquity. The object in view was to place the Mormons
completely in the power and entirely at the mercy of their religious
and political foes. The disarming and disbanding of the militia by
order of Governor Shaffer was but the prelude to this more serious
invasion of the people's rights by the judicial representatives of
the Federal Government.

Before taking up and treating in detail the events of Judge
McKean's administration we desire to present here an extract from a
speech delivered by Hon. Thomas Fitch in the Constitutional Con-
vention of Utah, February 20th, 1872, in which he reviewed in his
inimitable way the acts of the McKean coterie. Mr. Fitch was
then a resident of Salt Lake City, having removed from Nevada to
make his home in this Territory. Said this master of eloquent
expression :

About August, 1870, James B. McKean arrived here as Chief Justice-of the supreme
court of Utah Territory, and District Judge of the third judicial district. From the hour
of his arrival he has been the leading controlling spirit of the existing movement against
the Mormon institutions. He is not, perhaps, an immoral man in his private life, and for

Marshal or his deputies. By this ruling they set aside the law and practice of this and all
other Territories from their earliest formation. They further decided that their courts
were United States courts and ruled out the Territorial Attorney-General, the attorneys
for the different districts and the Territorial Marshal and Sheriffs of counties, declaring
that the duties which had been performed by them belonged to the United States District
Attorney and his deputies, and the United States Marshal and his deputies."

HISTORY OF UTAH. 553

the purposes of this argument it is not necessary to inquire whether or no he is a corrupt
man either in private or official transactions, but he certainly is that most dangerous of
all public functionaries — a judge with a mission to execute, a judge with a policy to carry
out, a judge panoplied with a purpose as in complete steel. Whether or not consciously,
but with implacable and unswerving determination, he has steadily subordinated his judi-
cial duties and his judicial character to the fulfillment of his mission and the execution of
his policy. Motions are held under advisement for months, civil business accumulates
upon the calendar, great mining cases are referred, or abandoned by disgusted litigants,
and still the judge alternates between the business of an examining magistrate and the
pleasure of thanking the grand jury for finding indictments. While possessing sufficient
knowledge to comply with some of the forms of law, and sufficient personal courage to
forward his plans, he is yet destitute of the spirit of impartial jurisprudence. We all
know there is a class of minds which after many years of upright and dispassionate con-
duct, will, through lust of power, or gain of fame, or other inordinate aim, suddenly
develop some insurgent quality which stops nothing short of morbidness, little short of
insanity. It is for the prestige of his past that this man, notwithstanding his remarkable
actions here, continues to receive the support of the Federal administration, while with
some sincerity in the righteousness of his crusade, he wins for himself the endorsement
of thousands of persons who only know that they desire polygamy shall be destroyed,
and who do not ask the price, or enquire " how many Athenians are in mourning?"

Whether or not this theory be correct respecting the cause, and it is the most charit-
able of any I can conceive, the result is the same. James B. McKean is morally and
hopelessly deaf to the most common demands of the opponents of his policy, and in any
case where a Mormon, or a Mormon sympathizer, or a conservative Gentile be concerned,
there may be found rulings unparalleled in all the jurisprudence of England or America.

Such a man you have among you ; a central sun ; what of his satellites ?

The mineral deposits of Utah have attracted here a large number of active, restless,
adventurous men, and with them have come many who are unscrupulous, many who are
reckless ; the hereditary foes of industry, order and law. This class finding the courts
and Federal officers arrayed against the Mormons, have with pleased alacrity placed them-
selves on the side of courts and officers. Elements ordinarily discordant blend together in
the same seething cauldron. The officers of justice find allies in those men who, differ-
ently surrounded would be their foes ; the bagnios and the hells shout hosannas to the
courts ; the altars of religion are invested with the paraphernalia and the presence of
vice; the drunkard espouses the cause of the apostle of temperance; the companion of
harlots preaches the beauties of virtue and continence. All believe that license will be
granted by the leaders in order to advance their sacred cause, and the result is an
immense support from those friends of immorality and architects of disorder who care
nothing for the cause, but everything for the license. Judge McKean and Governor
Woods and the Walker Brothers and others are doubtless pursuing a purpose which they
believe in the main to be wise and just, but their following is of a different class. There
is a nucleus of reformers and a mass of ruffians, a center of zealots, and a circumfer-
ence of plunderers. The dramshop interest hopes to escape the Mormon tax of 8300.
per month by sustaining a judge who will enjoin a collection of the tax, and the pros-

554 HISTORY OF UTAH.

titutes persuade their patrons to support judges who will interfere by habeas corpus with
any practical enforcement of municipal ordinances.

Every interest of industry is disastrously affected by this unholy alliance ; every right
of the citizen is threatened if not assailed by the existence of this combination. Your
local magistrates are successfully defied, your local laws are disregarded, your municipal
ordinances are trampled into the mire, theft and murder walk through your streets with-
out detection, drunkards howl their orgies in the shadow of your altars, the glare and
tumult of drinking saloons, the glitter of gambling hells, and the painted flaunt of the bawd
plying her trade now vex the repose of streets which beforelime heard no sound to dis-
turb their quiet save the busy hum of industry, the clatter of trade and the musical tinkle
of mountain streams.

The processes by which this condition of affairs has been brought about, as well as
the excuse for invoking these processes, may here be briefly stated:

In 1856 a great political party declared itself opposed to polygamy as a relic of bar-
barism ; in 1860 that party achieved power in the nation ; in 1862 an act of congress was
passed, the object of which was to suppress polygamy in Utah. This law was permitted to
remain a dead letter upon the statute books. The war to suppress the rebellion, the
problems of reconstruction growing out of that war, the proposed impeachment of President
Johnson, the various exciting public questions of the day, diverted the minds of legislators
and constituencies from the Mormon question ; and not until after President Grant's
inauguration did the anti-polygamy plank of the republican platform loom up into national
consequence. It was then observed that the anti-polygamy act of Congress of 1862
had never been enforced. The territorial laws for drawing and impaneling juries pro-
vided, as in all other communities, for a selection by lot. Nineteen-twentieths of the
persons eligible to jury duty in Utah were Mormons, who naturally declined to indict or
convict their neighbors for a practice which was believed by all to be a virtue rather than
a crime. The law prescribed one rule, the sentiment of the community where the law
existed prescribed another. Similar conditions prevented the trial of Jefferson Davis for
treason at Richmond ; similar conditions made it impossible to convict a violater of the
fugitive slave law in New England. The forty-first congress was asked to enact a law to
meet the exigency and the Gullom bill was framed. This measure provided that the
selection of jurors should be given to the United States marshal, that polygamists and those
who believed in polygamy should be excluded from the jury box, that the wife might be a
witness against the husband, that marriage might be proved in criminal cases by reputation,
and that the statute of limitations should not apply to charges of polygamy. The wisdom
and justice of this sweeping measure were seriously questioned by the New York Tribune,
and other Republican papers, and by such leading Republican statesmen as Henry L.
Dawes, of Massachusetts, and Robert C. Schenck, of Ohio ; but the bill passed the house by
nearly a party vote, and failed to become a law only because the United States Senate did
not find time or inclination to consider it during the forty-first Congress.

Alter the adjournment, or about the time of the adjournment of the second session
of the forty-first Congress, James B. McKean was appointed Chief Justice of Utah,
and with military promptness he proceeded by his decisions to establish as rules
of law the propositions of the defeated Cullom bill. He decided in the case of

HISTORY OF UTAH. 555

Hempslead vs. Snow that the court over which he presided was a United Stales court,
that it was not a legislative but a constitutional court, and that the Territorial prosecuting
attorney was not, even when prosecuting offenders charged with violation of Territorial
laws, the proper prosecuting officer of his court, but that the United States district attorney
was such. He decided in the case of Patrick vs McAllister that the Territorial marshal
was not, in any case, the proper executive officer of his court, but that the United States
marshal was such in all cases. He decided in another case that the Territorial legislature
of Utah had no power under the organic act to prescribe rules for obtaining juries to try
any cases in his court, and in prescribing rules himself for that purpose, he declined to
consult the assessment roll or invoke the usual method of selection by lot, but he ordered
the clerk to issue an open venire to the United States marshal.

Thus the first proposition of the defeated Cullom bill, that the marshal might pick, I
will not say pack, the jury, was decreed into existence.

Mr. Fitch then proceeded to show how, step by step, the dead
Cullom bill was vitalized by Judge McKean and his associates, and
made for the time being, and until the Supreme Court of the United
States reversed his decision in the Englebrecht case, the law of the
land throughout Utah. Let us now deal with events in their order.

As early as May, 1870, before Judge McKean had appeared upon
the scene of his local labors, and while Chief Justice Wilson was
still upon the Utah bench, a case entitled Orr versus McAllister, pre-
viously mentioned, had come up in the Third Judicial District. The
parties were J. Milton Orr, United States Marshal, and John D. T.
McAllister, Territorial Marshal, and the proceedings were upon a writ
of quo warranto;* the question at issue being whether or not Mr.
McAllisler had the right to act as Marshal in the District Courts.
Judge Wilson delivered his opinion, deciding in favor of the relator,
Mr. Orr. The Deserei News, commenting on this decision, said:
"The right to act as Marshal in the United States District Courts
here, whether it was or was not possessed by the Territorial Marshal
has been a much disputed point, and has before been raised and
decided in favor of the Territory by the highest United States judicial
authority here. This time a contrary decision has been rendered by
Judge Wilson, and we have no doubt that it is strictly in accordance

* " A writ brought before a proper tribunal to inquire by what warrant a person or
corporation exercises certain powers." — BlacJcstone.

556 HISTORY OF UTAH.

with his interpretation of the law; but although we have a high
opinion of his legal attainments and great respect for him as a gen-
tleman, we must dissent from his rulings in this case, believing that
his construction of the law in relation to it is not the correct
one."

This, however, was not the end of the matter. An appeal was
taken to the Supreme Court of the Territory, where the case was
duly docketed and along with it another — also upon a writ of quo
warranto — entitled Snow versus Hempstead, these parties being C. H.
Hempstead, United States District Attorney for Utah, and Zerubbabel
Snow, Attorney-General for the Territory. The latter action, which
had also been appealed from the District Court, where it was tried
during the December term, 1870, involved the right of Judge Snow
to officiate as Territorial Attorney-Generel in the courts presided
over by the Federal Judges. Before the Supreme Court delivered its
decisions in these cases, James B. McKean had entered upon his
career as Chief Justice of Utah. He and his associates, Judges
Hawley and Strickland, affirmed the judgment of the lower court,
ruling out the Territorial Marshal and Attorney-General. The date
of their decisions in those cases was March 13th, 1871.

The attempt to limit the jurisdiction of the Probate Courts began
about the time that Judge McKean took his seat upon the bench of
the Third District Court, though he does not appear to have taken the
initiative in this matter. Neither did he make the first move toward
setting aside the jury laws. The plans of the crusaders into which he
entered so thoroughly, and to execute which he bent every energy of
his soul, had been partly formed before his arrival, and Judges
Hawley and Strickland, with Governor Shaffer and others had all but
opened the campaign against the Saints before the Chief Justice was
seated. It is not believed that Judge Wilson, for all of his adverse
decision against the Territorial Marshal, was their fellow conspirator.
The fact that the anti-Mormons worked for and effected his removal,
fearing, no doubt, his independence of spirit, manifested — this time
to their advantage — in that very decision, is circumstantial evidence

HISTORY OF UTAH. 557

that he was innocent of complicity in their schemes. In the interim
between the departure of Judge Wilson and the arrival of Chief Justice
McKean, Judge Strickland had presided over the court of the Third
District, and during his brief incumbency he had ordered an open
venire to issue upon which the U. S. Marshal, Colonel Patrick, might
select the Grand Jurors for the September term. Before this venire
was returned Judge McKean, having arrived, was assigned to the
Third District, and Judge Strickland transferred to the First. The
seat of the latter district was at Provo, the scene of the disgraceful
raid already described. It was probably Judge Strickland who
rendered the decision referred to by General De Trobriand in his
letter to Governor Shaffer, contained in a previous chapter. Therein
the General cites as a reason why the civil authorities of Provo
declined to receive as prisoners the soldiers who had raided their
settlement, the fact that "a legal decision of recent date" — delivered
of course by the Judge of the First District — had "withdrawn the
criminal cases from the jurisdiction of the Probate Courts," so that
"the prisoners, if taken in custody by the City Marshal, would soon
be released on a writ of habeas corpus." This decision must have been
given prior to September 23rd, the date of the Provo raid. Judge
Hawley, presiding over the Second District Court at Beaver, followed
the example of his confrere in the First District by deciding that the
Probate Courts had no jurisdiction in criminal cases, nor in any
cases save those pertaining to the proof of wills and the administra-
tion of estates. The effect of this decision — rendered during the
week ending October 15th — was to discharge from custody a prisoner
named Morgan L. Peden, who had been convicted in the Probate
Court of Beaver County of assault with intent to kill Isaac Riddle,
and had been sentenced to two years and six months' imprisonment
in the penitentiary. Encouraged by this turn in his affairs, Peden
on regaining his liberty instituted proceedings in the District Court
against Judge Murdock, Sheriff Hunt and Isaac Riddle for fifty
thousand dollars, the basis of the action being his trial and convic-
tion in the Probate Court. Judge Hawley also refused at this time

558 HISTORY OF UTAH.

to naturalize certain Mormons who wished to become American
citizens because they would not "discard polygamy." Before this,
however, Chief Justice McKean at the capital' had denied citizenship
to Mormon aliens virtually on the ground of their belief in plural
marriage.*

Prior to this incident McKean had rendered his notorious
decision on the question of Federal versus Territorial jurisdiction,
declaring the court over which he presided a United States court and
not a Territorial tribunal, and setting aside the laws of Utah relating
to the drawing and empaneling of jurors. The occasion for this
decision was the trial of the celebrated Englebrecht case, which came
up in the District Court at the opening of the September term. As
the tinal ruling in this case, by the Supreme Court of the United
States, was the thunderbolt which shattered the illegal and persecutive
proceedings in the Federal courts of Utah during the first part of the
McKean period, it is proper that some particulars in addition to those
already noted concerning it should here he given.

It is well known that from the earliest settlement of Utah the gen-
eral sentiment of her people has been strongly opposed to the liquor
traffic. In February, 1851, the Provisional Government of Deseret
prohibited by law the manufacture or vending of ardent spirits.
Subsequently the manufacture of liquor was permitted to a limited
extent, under strict regulations, and its sale for medicinal and
domestic purposes likewise allowed. But no drinking saloons were
tolerated. As the population of the Territory increased, and in the
capital city especially became of a mixed character, the municipal
authorities were prevailed upon, after many petitions and remon-
strances, to grant a number of licenses to sell liquor. In taking this

* The first cases of this kind were those of John C. Sandberg, a Swede, and William
Horsley, an Englishman, who, on the 6th of October, 1870, applied to Judge McKean for
naturalization. His honor questioned them upon their belief in plural marriage and
asked whether or not they regarded the anti-polygamy act of 1862 as binding upon them.
Sandberg stated that he believed it right to obey the laws of God rather than the laws of
man, and Horsley declined to answer. Thereupon they were refused citizenship, not
being considered by Judge McKean as of " good moral character."

HISTORY OF UTAH. 559

step the City Council of Salt Lake were careful to prescribe metes and
bounds that would prevent, it was hoped, any abuse of the privilege.
This is plainly evident from the following ordinance, passed by the
Council in the autumn of 1866:

AN ORDhNANCE

Relating to Licenses for the Manufacture and Sale of Spirituous, Vinous and

Fermented Liquors.

SECTION 1.— Beit ordained by the City Council of Great Salt Lake City, that it shall
not be lawful for any person or persons to manufacture, sell, or otherwise dispose of any
spirituous, vinous or fermented liquors, nor to establish, or keep, or assist in keeping or
conducting any house or place for the purpose of manufacturing, or selling or otherwise
disposing of any spirituous, vinous, or fermented liquors within the limits of this city
without first obtaining license from the city council for such purposes.

SEC. 2. — That a wholesale liquor license shall not authorize any person to sell, bar-
ter or deliver any wines, spirituous 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.

SEC. 3. — That a retail liquor license shall not authorize the sale of wines or spirit-
uous liquors in a greater quantity than three gallons, and in no case to be drunk on the
premises.

SEC. 4. — That a license to keep a bar, drinking saloon or dramshop, shall not author-
ize any person to sell, barter, or deliver, or suffer or permit to be sold, bartered, or deliv-
ered, any spirituous, vinous or fermented liquors, or any composition of which wines or
spirituous liquors form a part in any quantity, except to be drunk on the premises of the
person so licensed.

SEC. 5. — That all persons so licensed asset forth in the preceding section, shall insti-
tute such regulations in their houses as shall restrain drunkenness, riotous or disorderly
conduct, and shall keep a cleanly, well regulated establishment, which shall not be open
for the sale of liquors between the hours of eleven o'clock at night and four o'clock in the
morning, and the police shall have access to the premises at all hours.

SEC. 6. —It shall not be lawful for any person to sell or dispose of any spirituous,
vinous or fermented liquors to any person under sixteen years of age, or to any Indian ;
nor to sell or otherwise dispose of any liquors on the Sabbath day.

SEC. 7. — Any person having reasonable cause to believe that any house or place,
mentioned in the foregoing sections of this Ordinance, is established and kept for the pur-
pose of manufacturing, selling or otherwise disposing of spirituous, vinous or fermented
liquors, without first obtaining license from the City Council, 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 complaint has been made may issue bis warrant, directed to
the Cily Marshal or any of his deputies, commanding him to enter said house or place and
demolish all things found therein, made use of for the purpose of manufacturing, selling
or otherwise disposing of spirituons, vinous or fermented liquors, and to arrest the person

560 HISTORY OF UTAH.

or persons owning, keeping or conducting said house or place and bring him or them
before the court, and such person or persons, on conviction, shall be liable to a fine not
to exceed one hundred dollars and imprisonment not to exceed six months, or both fine
and imprisonment, at the discretion of the court.

SEC. 8. — The City Council, on granting licenses to any person or persons for the
manufacture or sale of spirituous, vinous or fermented liquors shall determine the time
for which it shall be given and the amount to be paid thereon, and shall require bonds
with security, and determine the amount thereof, for the due observance ot the ordinances
and regulations of the city. Said bonds shall be approved by the Mayor or City Council
and filed with the Recorder.

SEC. 9. — Any person violating any of the provisions of this ordinance shall be liable
to a fine in any sum not exceeding one hundred dollars and forfeiture of license.

SEC. 10. — All ordinances and parts of ordinances relating to the manufacture and
sale of spirituous, vinous and fermented liquors, heretofore passed by the City Council,
are hereby repealed.

Passed, October 27th, 1866.

DANIEL H. WELLS, Mayor,

ROBERT CAMPBELL, City Recorder.

Probably some of the liquor dealers who took out licenses under
this ordinance faithfully complied with the terms and conditions there-
by imposed. There were others, however, who sought every oppor-
tunity to evade the law and carry on their traffic, independent of any
license. One of these was Mr. Paul Englebrecht, who, it appeals,
had sought, during the administration of Chief Justice Titus, to test
in the courts the validity of the city charter and ordinances upon this

very question. Judge Titus decided this case, as he did that of Dr.
Robinson versus Salt Lake City — in which also the validity of the
city charter was questioned — in favor of the municipality. But Mr
Englebrecht was persistent in his efforts to override law and
authority. As a consequence twice before the summer of 1870 his
establishment had been abated by the police. A few months prior to
the event about to be related he concluded to drop the retail license
under which he and his partners were conducting a saloon on Second
South Street, and in lieu thereof to take out a license to sell liquor at
wholesale. This was granted to him on his application to the City
Council. A wholesale license, as seen from Section 2 of the fore-
going ordinance, did not authorize the sale of liquors in less quantity
than ten gallons, except where bottles, etc. were sold in original

HISTORY OF UTAH. 561

packages. But Mr. Englebrecht continued selling at retail, that is, by
the dram, for which he now had no license. For that offense he was
arrested and fined three times. At the expiration of his wholesale
license he applied for its renewal, and his application was granted.'
He refused, however, to sign the bond required by Section 8 of the
ordinance and consequently was left without any license at all.
Continuing to carry on his business, and selling both at wholesale
and retail, he was thrice arrested and fined, but took an appeal from
this action of the city authorities, denying their jurisdiction.
Evidently he now supposed that he could keep on breaking the law
with impunity, while, the case between himself and the municipality
dragged its slow length through the District Court, which was not
then in session. If this was his suppostion he was very much
deceived. The guardians of the city's peace did not propose to be
trifled with, to have their laws trampled upon and themselves treated
with contempt. Learning that Mr. Englebrecht and his associates
were still selling liquor, and that at their place it could be procured
in any quantity from a gill up to a barrel, Alderman Jeter Clinton
issued his warrant, in accordance with Section 7 of the liquor
ordinance, and on Saturday the 27th of August City Marshal John
D. T. McAllister, Captain of Police Andrew Burt and a force of
officers proceeded to the establishment of Englebrecht & Co.,
which they had been ordered to abate. The head of the firm
was absent but the Marshal read his warrant to one of his
partners, Mr. Chris. Rehmke, who was in charge of the saloon,
and then proceeded to carry out his instructions. Messrs.
McAllister and Burt assigned the men their duties and the
work of demolition began. Barrels and kegs containing whiskey,
brandy, wine, beer, etc, were rolled into the street, the heads
knocked in and the contents poured into the gutters. Every
vessel containing liquor and every article used in its sale were
demolished, but the police were careful not to injure any other
property on the premises. The work was done as quietly as possible,
no unnecessary violence being employed, and in about half an hour

40-VOL. 2.

562 HISTORY OF UTAH.

the act of abatement was complete. The proceeding was witnessed
by about two hundred spectators.

Two days later— Monday, August 29th,— Alderman Clinton,
Captain Burt and several of the police who had engaged in the
execution of the warrant issued by the first-named official, were
arrested by U. S. Marshal Patrick on a warrant issued from the
District Court, charging them with unlawfully, willfully and
maliciously destroying the contents of Englebrecht and Go's liquor
store. Judge Strickland was then sitting in the Third District, and
before him the preliminary hearing took place that afternoon in
Faust's Hall, which was used as the Federal Court room. The
accused were admitted to bail, Messrs. Clinton, Burt and Hyde each
in the sum of $10,000, and the others in sums of $2,000. These
arrests were on a criminal charge. A few days later a civil suit was
planted against those who had taken part in the abatement, and
Marshal McAllister and all who had acted under his orders, were
arrested and held in bonds aggregating over $70,000 to await the
action of the Grand Jury.

The September term of the Third District Court opened on
Monday, the 19th, at 10 o'clock a. m., Chief Justice McKean presid-
ing. The Grand Jury being called, the attorneys for the city officers
who were under bonds challenged the array and filed a motion to set
aside the jury on the ground that its members had not been selected,
drawn and summoned as required by the laws of Utah. They had
in fact been summoned by the U. S. Marshal on the open venire
already mentioned as having been issued by order of Associate
Justice Strickland. The usual method of choosing jurors, according
to the laws of the Territory, was to select them by lot from the
assessment rolls.* The challenge to the array of the Grand Jury

* The law upon the subject was as follows : " When a District Court is to be held
whether for a district or a county, the clerk of said court shall, at least thirty days previous
to the time of holding said court, issue a writ to the Territorial Marshal," etc. " Upon
the reception of such writ, the Territorial Marshal or Sheriff, as the case may be, shall
proceed to the office of the Clerk of the County Court of the County from which jurors
are to be summoned, and the said clerk shall, in the presence of the officer, thoroughly

HISTORY OF UTAH. 563

was upon two grounds. First: that the jurors had not been drawn,
selected and served as the laws of the Territory prescribed. Second :
that they were not summoned by any officer of the Territory author-
ized by law to serve such summons. A demurrer to the challenge
was entered by the U. S. Attorney and argued by the following
named gentlemen: Messrs. Aurelius Miner, Zerubbabel Snow and
Enos D. Hoge for the challenge, and U. S. Attorney Hempstead and
R. N. Baskin, Esq., for the demurrer. The arguments having con-
cluded, Judge McKean rendered his decision, from which we will
present a few paragraphs. Said he, after stating the matter in
controversy:

The Legislative Assembly of this Territory possesses large powers. The Act of Con-
gress organizing the Territory, approved September 9th, 1850, provides "That the legis-
lative power of said Territory shall extend to all rightful subjects of legislation consistent
with the Constitution of the United States and the provisions of this act." But the Legis-
lative Assembly derives none of its powers from the Republic of Mexico, to which the
Territory once belonged. That Assembly is the creature of the Congress of the United
States, and has no powers, save such as are delegated to it, expressly or impliedly, by the
act organizing the Territory. And Congress, in that act, reserved to itself the right to
disapprove any and all acts of the Assembly, even when such acts are within the scope of
the powers delegated to the Assembly. If any acts of the Assembly are beyond the scope
of the powers delegated to it they may be set aside by the courts as well as by the Con-
gress. There is but one sovereignty in Utah, and that is the sovereignty of the United
States.

Having considered the powers and limitations of the Legislative Assembly, let us next
inquire what are the powers and limitations of this court. What kind of a court is it ?
It is certain that it was neither created nor can it be abolished by the Legislative Assembly
of Utah. Its Judge was not appointed or elected, nor can he be removed, nor impeached
by the Assembly. This court is not technically a Territorial Court. No one claims that
it is a State Court. Its jurisdiction is without the bounds of the States, and it derives
none of its authority from any of the States. Under the United States government there
are several tribunals. There is such a tribunal as the Supreme Court of the United
States, whose terms are held in the Capitol at Washington. There is such a tribunal as

shake the tickets previously deposited in the box or other safe place of deposit, and draw
therefrom promiscuously the number of jurors required to be summoned from such
county for Grand Jurors and for Petit Jurors, keeping separate lists, and those dravfn for
Grand Jurors shall be summoned for Grand Jurors, and those drawn for Petit Jurors shall
be summoned for Petit Jurors, which lists shall be signed by the clerk and officer having
said writs, and filed in the office of said clerk. The court shall impanel out of the list
summoned as Grand Jurors fifteen eligible men to serve on a Grand Jury," etc.

564 HISTORY OF UTAH.

the District Court of the United States for the Northern District of the State of New York.
The Act of Congress organizing this Territory (Sec. 10.) refers to such a tribunal as the
" District Court of the United States for the present Territory of Oregon." There is
such a tribunal as the District Court of the United States for the Third District of the
Territory of Utah ; and this last named court is here and now in session. When, in
October next, the Judge of this court shall sit here, with his brothers Strickland and
Hawley associated with him, that tribunal will be the Supreme Court of the United
States for the Territory of Utah. The Supreme Court and District Courts of this Terri-
tory are, therefore, courts of the United States.
***********

Is there any law prescribing the manner of procuring Grand and Petit Jurors for
criminal cases in this court? If there is, what is it? Is it an act of the Congress of the
Uuited States, or an act of the Legislative Assembly of the Territory? If both, are they
consistent with each other ? and if inconsistent, which must prevail ?

While acting by assignment in this District, Mr. Justice Strickland, " upon notification
by the United States Attorney that a Grand Jury would be needed," and also in the exer-
cise of " his own discretion," ordered a venire to be issued by the clerk of this court to
the United States Marshal for the Territory. He did so in pursuance of those well known
acts of Congress which prescribe this method of procuring juries in the Circuit and Dis-
trict Courts of the United States. The service of that venire by the Marshal has brought
these jurors into court. The act organizing the Territory (Sec. 10.) requires the Marshal
to perform the same duties as the Marshal of the District Court of the United States for
the then Territory of Oregon ; and those duties were the same as those of the Marshal in
the Northern District of New York. One of those duties is the summoning of juries.
* #*#*#***##

But what did the Legislative Assembly do in January, 1853 ? It enacted thus : " In
jury cases, before the introduction of any evidence, the court shall issue an order requir-
ing an officer to summon for that purpose a reasonable number of judicious men, etc. ;"
and further thus : " When necessary, the court shall issue an order requiring an officer to
summon fifteen judicious men, residents of the county, for a Grand Jury, etc." Whether
this act was intended to apply to this court or not, it makes no attempt to take from the
court the control of the venire. The words, an officer, may mean, and should be con-
strued to mean, the " proper officer of the court," — in this instance the United States
Marshal ; and that officer is left at liberty to summon whom he pleases, provided they be
" judicious men." There is in these particulars no necessary conflict between Congress
and the Assembly. The act of Congress to organize the Territory (Sec. 9.) provides
" that the judicial powers of said Territory shall be vested in a Supreme Court, District
Courts, Probate Courts, and in Justices of the Peace." The Assembly can no more add
to this number of judicial bodies than it can abolish one or all of these. But by Act.
approved January 8th, 1866, the Assembly has enacted that the Probate Judge in connec-
tion with three selectmen shall be known as the " County Court."
«.* * * * * * * * * *

By another Act the Assembly directs these " County Courts " to select the men from
among whom it commands the jurors to be taken, for this District Court. It is not nee-

HISTORY OF UTAH. 565

essary, however, in disposing of the questions at bar, to pass upon the legality of these
" County Courts."

But the Legislative Assembly, by Act of January, 1859, amended in February, 1870,
has sought to take from the District Judges, the United States Attorney, and the United
States Marshal, all control over the jurors of this court. Congress says that the Judge, in
his own discretion, or upon a notification by the Attorney that a jury will be needed, shall
order the venire to issue ; the Assembly goes by the Judge, goes by the Attorney, and
commands the clerk to issue it. Congress says that the venire shall issue to the United
States Marshal ; the Assembly says it shall issue to an officer which it has elected, and
which it calls the Territorial Marshal. Congress says that twenty-three men shall be
summoned for Grand Jurors ; the Assembly says that eighteen shall be summoned.
Which must give way — the Congress or the Assembly ?

The challenge to the array must be overruled, and the demurrer thereto sustained.
Let the Grand Jury be sworn.

All was now plain sailing for the crusaders. With the jurisdic-
tion of the Probate Courts so limited and curtailed as to throw most
of the criminal and civil cases that might arise into the District
Courts, and those courts presided over and officered by men working
all but confessedly in the anti-Mormon cause ; with the power to
select juries from which every Mormon was carefully excluded and
none but non-Mormons chosen to find indictments or to render ver-
dicts, the conspirators were jubilant and in high feather and the
rights and liberties of the people at large in imminent jeopardy.
The revolution anticipated by the anti-Mormons was at hand. The
Mormons were at the mercy of their enemies. The cause of "the
ring " was paramount.

The first object lesson in packed juries and their methods ever
presented to the people of Utah, was given on Friday, November 4th,
1870, when the trial jury in the case of Paul Englebrecht, Christian
Rehmke and Frederick Lutz, plaintiffs, versus Jeter Clinton, J. D. T.
McAllister, Andrew Burt and others, defendants, rendered a verdict
for the former against the latter, sustaining the claim of the liquor
dealers for the sum of $59,063.25, three times the amount of actual
damage done by the city officers in the act of abatement. After the
acceptance by Judge McKean of the illegal Grand Jury, composed
practically of anti-Mormons, selected by the United States Marshal,
the finding of an indictment against the Mormon civil officers who

566 HISTORY OF UTAH.

had authorized and participated in the abatement of a non-Mormon
liquor establishment, was a foregone conclusion. That indictment
being duly returned, and the other preliminaries arranged, the case had
come on for trial. The plaintiffs, Messrs. Englebrecht, Rehmke and
Lutz, claimed that property belonging to the three, and not merely to
Mr. Englebrecht — against whom alone, it appears, Alderman Clin-
ton's warrant was directed — had been destroyed by the defendants to
the amount of $22,589.75, and they demanded judgment against
them in a sum equal to three times that amount, basing their claim
upon Section 102 of "An Act in relation to crimes and punishments"
— part of the New Civil Code of Utah — which, in cases where
property was willfully or maliciously destroyed, rendered the guilty
persons liable, not only to fine and imprisonment, but "to the party
injured in a sum equal to three times the value of the property so
destroyed or injured." They asserted that those who destroyed their
property had acted unlawfully, willfully and maliciously. The
defendants in their answer denied this charge, claiming that the pro-
ceedings were lawful and that the act of the police was neither
willful nor malicious, being directed by proper authority. The
plaintiffs demurred to this answer on the ground that Alderman
Clinton had no jurisdiction or authority to issue the warrant and
that the same was void upon its face. Arguments for the demurrer
were made by Messrs. George R. Maxwell and R. N. Raskin, and
against it by Messrs. Z. Snow, E. D. Hoge and Aurelius Miner.
Judge McKean overruled the demurrer, holding it to be the right of
the defendants to prove to the jury that the warrant and judgment
under which they acted were valid, or, if they failed in that, that it
was their right to prove that they had believed the same to be valid,
and were therefore innocent of willful and malicious intent.

It was generally supposed that this ruling, which was favorable
to the defendants, with the testimony given by them at the trial,
would reduce their offense in the eyes of the jury to one of mere
trespass, for which, under the Territorial statutes, only the amount
for the actual damage done could be claimed or awarded. The jury,

HISTORY OF UTAH. 567

however, had been too carefully selected for anything of that kind
to occur. Hence their verdict, assessing treble damages against the
defendants, who were assumed to have acted willfully, maliciously
and without authority. The case was carried from the District to
the Supreme Court of the Territory, and the judgment there
affirmed. It was then appealed to the Supreme Court of the United
States.

But higher game than a Mormon Alderman, a Mormon City
Marshal, and several Mormon police officers was sought by the anti-
Mormon Nimrods. The Englebrecht case, — which obviously was no
part of the pre-arranged program of the plotters, — having been
disposed of, the mills of the Federal courts were kept in motion, and
preparations made for "grinding to powder" — such was Judge
McKean's own expression — " the disloyal high priesthood of the
so-called Church of Jesus Christ of Latter-day Saints."

Not long after the trial of the Englebrecht case in the District
Court, the U. S. District Attorney, Mr. Hempstead, resigned, being
unwilling, it is said, to prosecute longer under the extraordinary
rulings of Judge McKean's court. This was a trifle awkward for the
Federal Judges and their co-conspirators. The Chief Justice, how-
ever, proved equal to the emergency. Having already assumed the
authority and exercised the functions of the Legislature and of Con-
gress, it was but a mere step to take upon himself the duties of the
President of the United States. It was not until October, 1871, that
President Grant appointed a successor to Mr. Hempstead in the
person of George C. Bates, Esq., who has been mentioned. But
Judge McKean,in order that proceedings against the Mormon leaders
might not be delayed, appointed R. N. Raskin U. S. Attorney for
Utah; "an office," says Mr. Bates, "which no person can lawfully fill
unless nominated by the President and confirmed by the Senate of
the United States." George R. Maxwell became his assistant, and
together they acted in the interim between the resignation of Major
Hempstead and the lawful appointment of his successor. Before
that, however, Mr. Baskin, while acting as Mr. Hempstead's assistant,

568 HISTORY OF UTAH.

in conjunction with the anti-Mormon Grand Jury had drawn up
indictments against several prominent Mormons, and the prospects
for a busy winter in the Third District Court had been more than
promising.

But now a temporary set-back was experienced by the crusaders.
It was owing to a lack of funds with which to defray the expenses of
the Federal Courts. The Legislature, which had held its Nineteenth
Session early in 1870, had appropriated sufficient money to pay the
expenses of those courts up to date and provide a contingent fund for
their immediate future needs, which fund, it was expressly stated,
should be drawn and disbursed by the Territorial Marshal, John D.
T. McAllister. But that officer by a decree of the District Court had
been deposed and his duties vested in the United States Marshal.
The incumbent of the latter office, in July, 1870, was Colonel M. T.
Patrick, who had applied to the Territorial Auditor, William Clayton,
for funds to pay the expenses of the Third District Court, such as
witness fees, costs of arresting and boarding prisoners, serving
notices on jurors, etc. As this was the first time that a United States
Marshal in Utah had ever asked for Territorial funds for any purpose
whatever, the Auditor, having grave doubts as to whether he would
be justified in acceding to the request, concluded to lay the matter
before Judge Snow, the Territorial Attorney-General. Mr. Clayton's
reasons for not honoring the request of the U. S. Marshal were
these : First, the Territorial law in relation to marshals and
attorneys, approved March 3rd, 1852, provided for the election by the
Legislature of a Marshal who should hold office for a certain term,
unless sooner removed by the Legislative Assembly, or until his
successor was elected and qualified, and said Marshal, before enter-
ing upon the duties of his office, was to give a bond, which, with
approved securities, was to be filed with the Secretary of the
Territory. A later law required the Marshal to file acceptable bonds
with the Territorial Auditor. Marshal Patrick, not having been
elected by the Legislature, not having filed any bond with the
Auditor, and being in no position to do so, from the fact that the

HISTORY OF UTAH. 569

Organic Act of Utah declared that no person holding a commission
or appointment under the United States, except postmasters, should
hold any office under the government of the Territory, Auditor
Clayton did not see his way clear to issue a warrant in that officer's
name on the Territorial Treasury. Second : The Legislature, as
stated, in providing the contingent fund for the expenses of the
District Courts, had named "John D. T. MpAllister, Territorial
Marshal," as the person to draw the same on vouchers to be
approved by the Auditor. Attorney-General Snow, in advising
Auditor Clayton upon the matter, stated that while the U. S. Marshal
was amenable only to the power that appointed him, and could not
therefore be required to file bonds with the Territorial Auditor, being
already under bonds to the Judge of the District Court, yet neither
would the Auditor be justified in paying out funds to any person not
authorized by law to receive them. Mr. Clayton accordingly refused
to pay over any Territorial funds to the United States Marshal.
Later the Comptroller of the National Treasury refused to audit the
bills for the expenses of the District Courts, except those incurred in
the settlement of United States business. Thus came about a dead-
lock in the Third District Court at the beginning of the March
term, 1871.

Judge McKean, at the opening of that term, ordered the grand
and petit jurors to be called, and this being done, he read to them
the following remarkable address:

Gentlemen of the grand and petit juries, I am not about to deliver a charge to you,
but I am about to send you to your homes. It is right that you should know why. The
reason is this : The proper officer of this court has no funds with which to pay you the
per diem allowance which will be lawfully yours if you serve as jurors, nor has he the
funds with which even to pay your board. I do not think it right to detain you here with-
out compensation and at your own expense. You may like to know the cause of this
anomalous state of affairs. You shall know. As the law now stands, the per diem
allowance of the members, and other expenses, of the Legislative Assembly of this Ter-
ritory, are paid out of the United States Treasury, while that Legislative Assembly is left
to provide for paying the per diem allowance of jurors, and other expenses of the United
States courts, while transacting the judicial business of the Territory. I am not comment-
ing on the wisdom or unwisdom of such a policy, I am simply stating the fact. The

570 HISTORY OF UTAH.

United States Treasury promptly pays the Legislative Assembly, but 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, refuse to permit the expenses
of the United States courts to be paid, unless they are allowed to control these courts.
The high priesthood, acting through their agents, passed an ordinance requiring the ballots
at elections to be numbered, and the same numbers to be written on the poll list opposite
the names of those who vote the ballots ; thus enabling them to ascertain how every
elector votes and to keep a record of the same. Under this system none but the candi-
dates of the high priesthood are chosen to the Assembly, and the presiding officers of the
two houses of the Assembly are always high functionaries of the so-called " Church of
Jesus Christ of Latter-day Saints." This Assembly has elected one of its favorites a
marshal, and another a prosecuting attorney, and sent them into the United States courts,
the former to summon the grand and petit jurors and serve process, the latter to take
charge of criminal business before the grand and petit juries. But this district court has
held, and the supreme court of the Territory has affirmed the rulings, that these so-called
officers cannot be recognized by these courts, and that the United States attorney and the
United States marshal, appointed by the President and confirmed by the Senate of the
United States, are the proper officers of these courts. But the high priesthood of Utah
hold different theories in regard to legal and governmental affairs. A few months since,
in the presence of thousands of the people, and surrounded by the highest officials of the
so-called " Church of Jesus Christ of Latter-day Saints," one of the tiigh priesthood, and
I heard him say : " There is not in the Federal Constitution the dotting of an i, nor the
crossing of a t, giving any Federal officer any right to be in this Territory. Congress had
no right to pass any act to organize this Territory, and the Organic Act is a relic of colon-
ial barbarism. The Federal officials are usurpers, and have no business here."

Gentlemen of the grand and petit juries, I am a Federal official in Utah : I apologize
to nobody for being here ; I shall stay so long as I choose, or so long as the Government
at Washington shall choose to have me here ; and 1 shall venture the prediction that the
day is not far in the future when the disloyal high priesthood of the so-called Church of
Jesus Christ of Latter-day Saints shall bow to and obey the laws that are elsewhere
respected, or else those laws will grind them to powder.

Gentlemen, one of the consequences of the decisions above referred to of the United
States courts in Utah, is that already several men in high positions in the so-called
Church of Jesus Christ of Latter-day Saints, have been indicted for high crimes, some of
them for murder ; another consequence is that enterprising men in large numbers, and
capitalists of large wealth, have come into the Territory to embark in business pursuits,
believing that even-handed justice would now be done them. It is an important fact, that
while for about twenty years there has been a considerable population in this Territory,
not only has not the great mineral wealth of Utah been developed, but the fact of its
existence has, until recently, been concealed from the world outside of Utah. Now this
mineral wealth is just beginning to be developed. And here, as everywhere among great
business enterprises, there is much resort to the courts for the adjustment of conflicting
interests. There are now on the docket of this court, awaiting trial, cases involving
millions of dollars.

HISTORY OF UTAH. 571

And now, gentlemen, the high priesthood of the so-called Church of Jesus Christ of
Latter-day Saints, demand the right to select and summon the grand and petit jurors, who
are to try all criminal and civil Territorial cases in this court ; and demand that officers
selected by them shall take charge of all such business in this court. And, gentlemen,
because this court refuses to surrender itself into their hands, they refuse to pay your just
allowance or to defray any of the expenses of this court. It is not just that you should
be kept here at your own charges, and I will not keep you. But, gentlemen, do not
misunderstand me. There is to be no surrender to unwarrantable exactions. The Gov-
•ernment of the United States is not accustomed to being thwarted ; and while those who
represent it in Utah may be hindered, they will not be defeated. Let it not be doubted
that after a pause in the path of duty, they will again resume their line of march with
renewed energy. Gentlemen of the grand and petit juries, I thank you for your attend-,
ance, but will not detain you. You are adjourned sine die.

The anti-Mormons, who approved of all that was said or done
against the Saints, as a matter "of course applauded the sentiments
of this address, as well as the actions of the Chief Justice which had
preceded it. Many non-Mormons, however, strongly disapproved of
Judge McKean's course, believing it to be unlawful and* impolitic.
Among the many journals which, throughout the land, and on both
sides of the Atlantic, interestedly discussed the Utah situation at
this time, was the New York Herald, which said : " Judge McKean
has done in law what Governor Shaffer did in politics ; but McKean
has lived on and been humbled and defeated. *

[He] refused the recognition of the Territorial Marshal and Attorney
as Shaffer did the Territorial Nauvoo Legion and its Lieutenant-
General. But the Judge comes to grief for the moment. He held his
court with the United States officers; but the United States treasury
would not honor the Marshal's drafts for the expenses of the court,
virtually acknowledging that the Mormon interpretation of the ques-
tion is correct. Here is the Chief Justice of the Territory of Utah, a
gentleman of learning, ability and moral character, completely baffled
and smarting terribly under his defeat. He had essayed to do some-
thing and had failed. Not for the want of physical support, for the
United States army and all the volunteers that could be called for,
would have rushed to sustain him, but he failed because he could
not sustain himself as the law stood."

572 HISTORY OF UTAH.

Nearer home, the Carson (Nevada) Register touched up the topic
in the following spirited style: "The Sacramento Record is very
indignant at the Mormons because Judge McKean of Utah adjourned
the District Court for the reason that no compensation had been
provided for jurors. The Record evidently does not understand the
matter. McKean is a violent and unscrupulous judge, who appears to
have more of a mission to stir up bad blood in Utah and raise a dis-
turbance so as to justify the interference of the Federal Government,
than to administer the law according to his oath and ability. In a
case before him he ruled that the District Court was not a Territorial
Court, but a United States Court — that there is no such court as a
Territorial District Court. The decision was absurd, being in the
teeth of all the statutes and decisions since the foundation of the
Government. It was made in order to break down the Mormons,
law or no law. If his court is a U. S. Court, of course the United
States is bound to pay its expenses — the Territorial treasurer has no
right to disburse money out of the Territorial treasury to pay jurors.
Judge McKean was simply caught in one of his own traps. Like
every man who deviates from trodden paths of precedent and law,
he is liable to get scratched with legal briars, and to break his neck
over unknown principles."

But a greater defeat and a far more serious failure than any so
far suffered by the Chief Justice, was in store for him. Disconcerted
but not disheartened by the temporary check to his unlawful pro-
ceedings, he pushed on in his reckless and arbitrary course until
outraged Justice, who, though sightless, never fails to find and avenge
herself upon her adversary, be he prisoner at the bar or magistrate
upon the bench, turned upon and claimed him for her own.

HISTORY OF UTAH. 573

CHAPTER XXI.

1871.

THE DEAD-LOCK BROKEN MARSHAL PATRICK AND HIS PRIVATE PURSE TO THE RESCUE

JUDGE MCKEAN'S COURT PREPARES TO RESUME OPERATIONS — MARSHAL PATRICK VERSUS

WARDEN ROCKWOOD THE UTAH PENITENTIARY PASSES INTO THE HANDS OF THE UNITED

STATES MARSHAL THE PRISONER KILFOYLE THE CASE OF PATRICK VERSUS ROCKWOOD

AND MCALLISTER PACKING A GRAND JURY BRIGHAM YOUNG AND OTHER LEADING MORMONS

ARRESTED JUDGE MCKEAN'S REMARKABLE DECISION "FEDERAL AUTHORITY VERSUS

POLYGAMIC THEOCRACY" — LYING BY LIGHTNING — EDITOR SAWYER'S SLANDEROUS DISPATCHES

TO THE NEW YORK "HERALD" SENATOR MORTON AND "GRACE GREENWOOD" AT SALT

LAKE CITY — UTAH'S RELIEF OFFERING TO THE SUFFERERS FROM THE CHICAGO FIRE —
"ISHMAEL'S BROTHERLY LIFT TO ISAAC" — THE DESERET TELEGRAPH LINE REACHES
PIOCHE — ISAAC'S BROTHERLY LIFT TO ISHMAEL.

'HE dead-lock in Judge McKean's court, caused by a lack of
funds to carry on the prosecutions that had been planned, was
only temporary. Money was obtained to pay the running
expenses of the tribunal, and its machinery again began to move.
Still, a delay of several months occurred, during which the court and
its officers were comparatively idle. Some business was disposed of,
however, by the other Judges in their respective districts.

The Territorial officers persisted in their refusal to pay over
Territorial monies to persons not authorized by law to receive them,
and the Comptroller of the National Treasury was equally firm in
his resolve not to violate law and precedent by furnishing means to
defray the cost of settling any but United States business in the
courts. Judge McKean and his associates, it is true, had decided
that theirs were United States courts, and pursuant to that theory
had ruled out the Territorial Attorney-General and Marshal ; so that
the majority of the citizens were now saying with some irony:
"Well, if they are United States Courts, let the United States pay

574 HISTORY OF UTAH.

their expenses." But the Comptroller of the Treasury did not take
that view of the case, and upon him, as a matter of course, the
decisions of the Utah Judges were not binding. Even a personal
visit of Judge Strickland to the nation's capital, to explain the
situation and procure funds for the courts, failed of its object so far
as the financial part was concerned. It was evident that until
Congress or the Legislature should take some action in the premises,
no public monies could be obtained. The Legislature had held its
regular annual session during the winter of 1870-71, but its members,
feeling outraged at the conduct of the Federal Judges in setting aside
the laws that the Assembly had formerly enacted, and regarding the
business about to be done in the District Courts as illegal, refused to
be a party to such proceedings and declined to legislate for the relief
of the situation. Hence the delay in the proceedings of the con-
spirators, who had planned to arraign Mormonism as a system, in
the persons of its leaders, before the bar of Judge McKean's court.

The delay, however, as said, was only temporary. Money was
procured from private sources, and proceedings in the Third Judicial
District were resumed. One of the principal contributors to the
prosecuting fund, which was designed only as a loan to the Govern-
ment, or rather to the court, until the Nation's or the Territory's
representatives should have legislated away the difficulty that had
arisen, was U. S. Marshal Patrick, who advanced over eight thousand
dollars to the cause. Such was the zeal of the missionary officials
who carried on that memorable crusade.

It being known that means would be forthcoming with which to
prosecute the trials of the accused and indicted Mormons, and it
being also apparent just how those trials would end, with petit juries
composed of the same kind of material as the Grand Jury which
found the indictments, the next care of the conspirators was to get
control of the Territorial Penitentiary. A movement in that
direction was made by the U. S. Marshal in the summer of 1871.
The doing away with the office of Warden of the Penitentiary — an
office created by the Legislature — had doubtless been determined on

HISTORY OF UTAH. 575

at the same time that the Territorial Marshal and Attorney-General
were stripped of their authority. Unlike the proceedings in those
cases, however, the action against the Warden was taken under cover
of law. Congress, on the 10th of January, 1871, soon after the
adjournment of the Utah Legislature, had passed an act, giving the
U. S. Marshals in the Territories the authority to take charge of the
penitentiaries that were the property of the United States.* This
legislation had been supplemented by a communication from the
Attorney-General at Washington directing Marshal Patrick, pursuant
to other provision of the act in question, to take possession of any
United States prisoners that might have been sentenced to the Utah
Penitentiary, and giving him permission to contract with "the
proper authorities" to board and take care of the convicts of the
Territory. How the Marshal, after securing possession of the
Penitentiary, construed the permission of the Attorney-General to
contract for the board and keeping of Territorial prisoners, into a
mandate requiring the representatives of the people to place these
prisoners in his charge and pay him for taking care of them, will be
set forth presently.

Not long after the passage of the act of Congress relating to the
Penitentiary, Marshal Patrick informed the Warden, Colonel A. P.
Rockwood, that he must vacate the position — one to which he had
been elected by the recently adjourned Legislature — and surrender
the institution to his care. Colonel Rockwood, who was under
bonds to the Territory for the faithful discharge of the duties of his
trust, took the view that the matter was not one to be thus peremp-
torily settled by a mere verbal order of the United States Marshal,
and suggested to that official the propriety of his filing a written
demand, to which he, the Warden, would respond. He also informed
Marshal Patrick, upon that or a subsequent occasion, that as the
Territory had furnished several thousand dollars for the erection of
and repairs to the Penitentiary, and was therefore pecuniarily inter-

* The Utah Penitentiary stood upon unsurveyed public land, and had been jointly
erected by the United States and the Territory.

576 HISTORY OF UTAH.

ested therein, prior to vacating his office, if vacate it he must, he
would prefer to have the matter properly adjudicated. But Marshal
Patrick refused to listen to the proposition. He would not agree to
any preliminaries, and about the 1st of August made another verbal
demand upon Warden Rockwood for the surrender of the Peniten-
tiary; at the same time threatening that if his demand were not
immediately complied with, he would use force for the Warden's
eviction. The latter protested verbally against such a proceeding,
and also delivered to the Marshal a written protest reading as
follows :

UTAH PENITENTIARY, WARDEN'S OFFICE,

August 2nd, 1871.
M. T. Patrick United States Marshal for Utah Territory :

SIR. — You having demanded of me the surrender of the Penitentiary of Utah to
yourself as U. S. Marshal, and informed me that unless I complied with the
demand you would take it by force, I have now to inform you that if you take the
Penitentiary it will be under my protest, and that what you permit me to remove I will
take away, and what you retain or do therein you will be held accountable for.
Yours respectfully,

A. P. ROCKWOOD, Warden of U. T. Penitentiary.

Ignoring the protest, Marshal Patrick at once took possession of
the Penitentiary, from which Warden Rockwood then removed.

The Marshal next demanded the surrender of the Territorial
convicts, claiming that under the instructions of the Attorney-
General, which, as said, gave him permission to contract with "the
proper authorities" for the keeping of such convicts, he was their
rightful custodian. Marshal Patrick had made a contract, it appears,
with Governor Woods, whom he assumed to be "the proper
authority," to board and keep the Territorial prisoners at the rate of
a dollar and a half each per day, — which per diem, of course, the
people of the Territory, and not Governor Woods, were expected
to pay.

The Warden, it seems, had made a practice, in order that the
Penitentiary might be self-sustaining, of keeping the convicts
employed at various labors in and around Salt Lake City, and for the

HISTORY OF UTAH. 577

sake of convenience, and because the Penitentiary was not deemed
a secure place of confinement, had arranged with the city jailer to
provide them with quarters at the close of each day's work. That
arrangement, made prior to, had continued after the Warden's
eviction. Marshal Patrick's demand for the prisoners was again a
verbal order, made this time by his deputy, D. R. Firman. Again the
Warden, determined to guard every legal point in the case, protested
against the taking of the prisoners without an order from a court
of competent jurisdiction. Disregarding the protest, the deputy
marshal seized upon all the convicts that he could find and conveyed
them to the Penitentiary.

One prisoner, however, was missing; a man named Kilfoyle,
who, in the Third District Court, during the administration of Chief
Justice Wilson, had been convicted of murder under the Territorial
statutes, and sentenced to a long term of imprisonment in the Peni-
tentiary.* On Saturday, September 2nd, Marshal Patrick made a
personal demand upon Colonel Rockwood for the convict Kilfoyle.
He was asked by the Warden if he had any written authority from a
court of competent jurisdiction. The answer being in the negative,
the Warden handed the Marshal the following communication,
written a day or two previously :

WARDEN'S OFFICE, SALT LAKE CITY,

August 31st, 1871, 6 p.m.
M. T. Patrick, United States Marshal for the Territory of Utah:

On my return to my office this evening, Mr. Hyde, the officer in charge of one of the
convicts in my custody, informed me that you had called upon him, and demanded the
surrender of said convict, also that he demanded your authority for so doing, and that
you had no process from any court, on the subject, but'it was the instruction or order of
Governor Woods for you to take possession of the prisoner ; whereupon Mr. Hyde
informed you that he was not authorized to deliver him without an order of the court.

This is to inform you that I have an order of court, authorizing me to retain him
until discharged by due process of law and it is my sworn duty so to do. Under these
circumstances I have to inform you that I shall not deliver him to you, unless you present

* After serving out about two years of his term Kilfoyle was pardoned by Governor
Woods.

41 -VOL 2.

578 HISTORY OF UTAH.

an order from some court of competent jurisdiction in the premises, which will be a
warrant to me to deliver him to you.

Such further action as you choose to take will be on your own responsibility.

Respectfully yours,

A. P. ROCKWOOD, Warden.

Marshal Patrick, after receiving the paper, stated that he would
have Mr. Rockwood arrested for retaining the prisoner. " I have
nothing more to say," replied the latter, "you have my answer to
your demand." Colonel Patrick asked the Warden where the pris-
oner could be found, and was told that City Marshal J. D. T.
McAllister had Kilfoyle in custody, and that William Hyde was the
city jailer. Marshal Patrick then turned to Marshal McAllister, who
was present — the scene of the occurrence J)eing the court room at
the City Hall — and demanded of him the prisoner. The City Marshal •
replied that he could only deliver him upon an order from Warden
Rockwood. "Then I will try to take him," said Patrick excitedly,
"I will endeavor to muster enough men to do it." He was here
reminded that he had once turned over to the City Marshal for safe
keeping a certain prisoner — the mail robber McKay — and Mi'.
McAllister argued that he would not then have been justified in sur-
rendering his charge to any other person without an order from the
U. S. Marshal; his position, he maintained, was now the same
toward Warden Rockwood. But Marshal Patrick was too angry and
excited to listen to argument. He left the hall, threatening to have
Messrs. McAllister and Rockwood arrested and taken to Camp
Douglas.

The threat of arrest was fulfilled, and thus came about the pro-
ceedings which will now be detailed — the preliminary hearing of the
defendants, Warden Rockwood and City Marshal McAllister, charged
with resisting the U. S. Marshal in the discharge of his duty. . The
hearing took place before Associate Justice Hawley, in chambers, at
Salt Lake City, beginning on the 4th and concluding- on the 8th of
September. The prosecution was conducted by R. N. Raskin, Esq.,
and Judge Morgan, of the law firm of McCurdy and Morgan, Avhile

HISTORY OF UTAH. 579

Messrs. Z. Snow, Thomas Fitch and S. A. Mann appeared for the
defendants.

After the examination of Marshal Patrick, the only witness
called — whose statement of facts in the case was conceded by counsel
for the defense — Judge Morgan made the opening address. Its salient
points, briefly summarized, were as follows: As the basis for a con-
viction he cited the act of Congress of January 10th, 1871, with
other laws previously passed by that body, and certain enactments of
the Utah Legislature. He claimed that the U. S. Marshal had been
resisted in the discharge of his duty; that he and not the Warden
was the proper person to have charge of the Penitentiary and its-
prisoners; that the power to appoint a Warden for that institution
had never been possessed by the Legislature, as the Organic Act
specified that all officers of that grade were, by and with the consent
of the Legislature, to be appointed by the Governor and to receive
their commissions from him ; but that even if the Warden had been
properly and lawfully in charge, he could only have continued to
exercise his functions until Congress enacted the law that the prison
should pass into the hands of the U. S. Marshal in conformity to the
instructions, rules and regulations of the Attorney-General of the
United States. Judge Morgan maintained that the Governor was the
proper authority for the U. S. Marshal to contract with for the care
of the Territorial prisoners, and that when Marshal Patrick, after
making such a contract with Governor Woods, went to Warden Rock-
wood and demanded those prisoners, the defendants should have
delivered up the convict Kilfoyle, the warrant of commitment in the
hands of the Warden not being sufficient to justify the detention of
the prisoner against the Marshal's demand. In conclusion, he said
that it was for the court to decide, after hearing the case, whether or
not the defendants should be held to answer for a violation of law ;
but there was another request that the prosecution had to make; it
was that the court issue an order for the surrender of the prisoner
Kilfoyle.

Hon. Thomas Fitch followed for the defense. He stated that it

580 HISTORY OF UTAH.

seemed to him if it had been honestly desired by the prosecution to
test the right of the U. S. Marshal, under the act of Congress and
the instructions of the Attorney-General of the United States, to
obtain and hold possession of the convict Kilfoyle, such test could
have been better made on a writ of habeas corpus, alleging that the,
Warden of the Penitentiary held the prisoner illegally. This would
have obviated the needless criminal prosecution now in progress.
Mr. Fitch criticised the prosecution for proceeding under several
laws instead of selecting one statute and claiming a conviction for
some particular offense. He then called the court's attention to the
language of the Congressional statute of April 30th, 1790, one of the
laws cited by the prosecution : " If any person or persons, etc., shall
obstruct, etc., any United States officer, etc., in serving, etc., any
process or warrant, or any rule or order of any of the courts of
the United States, or any other legal .or judicial writ or process
whatsoever, he shall be guilty of resisting an officer." It was this
law, he claimed, that the defendants had violated, if they had
violated any law at all, the Congressional statute of March 2nd,
1831, cited by the prosecution, being inapplicable to the present case,
as was the law of Utah, also cited. That the defendants had not
violated the act of 1790 was apparent from the fact that when the
U. S. Marshal demanded the prisoner Kilfoyle of the Warden and
City Marshal he was armed with no writ or process whatever. Had
the Marshal come with an order of court the prisoner would have
been delivered up to him, and the Warden so informed the Marshal
at the time. Habeas corpus, Mr. Fitch insisted, would have been the
better way to test the question, as being less calculated to create tur-
bulence and ill-feeling than the method now pursued. "However,'
said he, addressing the Judge, "we have perhaps cause to congratu-
late ourselves that the services of your* honor have been invoked at
all; the defendant in this case has perhaps reason to be thankful
that force and violence have not been resorted to. Perhaps we may
congratulate ourselves that the guns of the fort have not been
turned on the city, and the City Hall surrounded with cavalry,

HISTORY OF UTAH. 581

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 of Amer-
ican citizens on the Fourth of July ? Was it asleep ? ashamed ? or
afraid ?

Governor Woods — (who was seated on the right hand of Judge
Hawley) Neither, my lord.

Mr. Fitch — I am assured by the Executive of the Territory of
Utah, who honors us with his audience, and encourages the prosecu-
tion with approving smiles, that my surmises are incorrect. The
Executive of the Territory 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 designs possibly to give your Honor, as his staff
officer, the benefit of his protecting presence, while at the same time
he stands ready to answer questions of defendant's counsel whether
he be the party interrogated or no —

The Court — This discussion is becoming exciting and I shall not
permit further remarks outside of the case.

Mr. Fitch — I beg your honor's pardon, but I have not traveled
out of the proper line of argument, except to comment upon inter-
ruptions made irregularly by Mr. Baskin, and improperly by Gov-
ernor Woods. Since, then, we are to be tried before being punished,
I will now proceed to the consideration of the important questions
involved.

Mr. Fitch then went on to show that the act of Congress of

582 HISTORY OF UTAH.

January, 1871, provided for the taking from the custody of the Ter-
ritorial Wardens the penitentiaries which were rightfully the
property of the United States, having been paid for by the United
States, and that the instruction of the United States Attorney-
General to the United States Marshal of Utah that he might contract
with " the proper authority " for the care and keeping of the Terri-
torial prisoners, did not mean that he must do it, — said instruction
not being mandatory, and an option being given to the Territory as to
whether it would or would not have its convicts imprisoned in the
United States penitentiary. Congress had not the right to pass. an
act compelling Territorial convicts to be kept by the United States
Marshal in a United States prison, and requiring the cost of keeping
them to be paid out of the Territorial treasury. "To suppose that the
United States courts will sustain such a doctrine," said Mr. Fitch "is
to doubt their intelligence; to suppose that the Congress of the
United States intended such a doctrine, would be to suspect this
government of monstrous tyranny and injustice. If your honor
please, our government can never have aught but respectful and
loyal words from me. It is a great, a free and a magnanimous govern-
ment, although sometimes represented by small, mean, contemptible
men." As to the contract in question, Mr. Fitch showed that the
Attorney-General did not state that the Governor was "the proper
authority'' in the premises. The fact is that the Attorney-General
did not know who the proper authority was, but left that for the
Marshal to ascertain. The language of the communication was
simply this: "You will cause all United States convicts who have
been or may be hereafter convicted and sentenced to imprisonment,
to be confined therein, and inform the proper Territorial authorities
that you will receive therein all persons who have been convicted
and sentenced for the violation of Territorial laws, and maintain
them therein at the rate of a dollar and a half per day."
" A contract in writing should be entered into with the Governor or
other proper authority." Mr. Fitch argued that if the Attorney-
General had given an opinion that the Governor was the proper

HISTORY OF UTAH. 583

authority for the Marshal to contract with, that it would not bind
the Territory, or be a rule of decision for a court; but he had given
no such opinion. The U. S. Marshal had taken no steps to
ascertain who were "the proper authorities," but had gone to
Governor Woods, who, instead of informing the Marshal that he was
merely the Executive of the Territory, having no power outside of
the law, and being without authority to bind the people of Utah to
pay one dime on any contract that he might make, had entered into
the contract which was here offered in evidence. Said Mr. Fitch in
conclusion: "That paper signed by His Excellency, Governor
Woods, by which he agrees that the Territory of Utah shall pay a
certain sum of money to the United States Marshal, is entirely
worthless for the purpose of binding the Territory of Utah, and
makes as little impression on her treasury as the sere leaves of the
locust make when they fall upon the stony street. *

Under the act of Congress the Marshal of the United States has no
more right to the custody of Territorial prisoners without the con-
sent of the people of this Territory, in some way expressed, than he
has to the custody of persons not charged with crime at all."

The closing argument, was made by Mr. Baskin. He cited the
act of Congress of January. 1871, and argued that it empowered the
U. S. Marshal not only to take possession of the Utah Penitentiary,
but clothed him with all the authority of a prison keeper. The
power was with the Marshal to construe the word "may," in the act
referred to, as mandatory; the defense claimed it to be merely
directory; but who had the discretionary power to decide the matter?
The U. S. Attorney-General had that power, and it was under his
instructions that the Marshal had acted. The mittimus did not
order A. P. Rockwood to keep the prisoner Kilfoyle in custody, but
ordered the Warden of the Penitentiary to do so, and the act of
Congress in question constituted the U. S. Marshal the Warden of
the Penitentiary. When he, an executive officer of the United

States, had made a demand for the prisoner, he had been asked for
an order of court. The mittimus itself was such an order. Mr.

584

HISTORY OF UTAH.

Baskin read the Territorial statutes relating to the hiring out of
convicts on public and private works, and argued that such laws
opened a door for official corruption. Congress had doubtless had
its attention drawn to the matter, and it may have caused that body
to pass the act taking from the Warden the control of the Peni-
tentiary and the custody of prisoners. He also read the local
statutes relative to the course to be pursued by officers in search of
persons secreted, and remarked with unction : "I like to play back
the Utah laws upon these gentlemen." He claimed that the U. S.
Marshal was recreant to his duty, when refusal was made to
surrender the prisoner Kilfoyle, in not summoning a posse of men
and leveling the city prison to the ground. The Marshal, he said,
had the right to take the prisoner by force and he should have done
so. It was not necessary for him to obtain a writ of habeas corpus;
for the mittimus was an order of court sufficient. "That prison,"
Mr. Baskin repeated, "should have been leveled to the ground, if it
had taken the whole forces of the Government to do it." The case
showed a wanton resistance to a United States officer in the dis-
charge of his duty, attended with circumstances of a most aggravated
description. In closing he requested that as the mittimus was
public property it should be delivered to the U. S. Marshal, that he
might take such action upon it as he deemed proper.

At the conclusion of the arguments the court adjourned until
the day following, when Judge Hawley rendered his decision. He
held that while sitting as a committing magistrate he had not the
authority of a court except for the purpose of such hearing and of
determining the probable guilt of the defendants. He must there-
fore deny the request of the prosecution for an order upon the
defendants to deliver the convict Kilfoyle to the U. S. Marshal. But
that officer would be left to exercise his powers in that respect in
conformity to his rights under the laws of Congress and the Terri-
torial Legislature. The Judge expressd the opinion that the U. S.

k
Marshal had the right ex-officio to the custody of the prisoner, and

that Warden Rockwood and Marshal McAllister had no right to

HISTORY OF UTAH. 585

refuse to surrender him on Colonel Patrick's demand. His Honor
also thought that Governor Woods had the authority to make a con-
tract binding the Territory of Utah. He concluded by ordering that
Messrs. Rockwood and McAllister be held to bail in the sum of one
thousand dollars each, to answer before the Grand Jury.

On the morning after Judge Hawley's decision, Marshal Patrick
proceeded to the city jail and made a demand upon the keeper for
the person of the convict Kilfoyle. He was informed that Warden
Rockwood had him upon his premises. Colonel Patrick accordingly
repaired to the place indicated, where he found and took possession
of the prisoner.

The Utah Penitentiary was now in the hands of the United
States Marshal, the Territory being summarily deprived of the
amount of means it had expended in its erection. Next upon the
program was the formation of the Grand and Petit juries for the
term of court about to begin in the Third Judicial District.

The regular fall term of this tribunal for the year 1871,
opened on Monday, September 18th, Chief Justice McKean presiding.
The court was held, as usual, in Faust's Hall, Second South Street,
Salt Lake City. In the empaneling of the Grand Jury a slight
attempt at a show of fairness, so slight, however, that the show
deceived no one, was made by the U. S. Marshal. A few — seven
only — of the jurors summoned were Mormons, among them Apostle
George Q. Cannon, General H. B. Clawson and James Townsend, Esq.
The fact that Mr. Cannon was an editor — the tripod of the Deseret
News still claiming him — and therefore legally exempt from jury
service, did not prevent his receiving a summons, a verbal one
in lieu of the written notice required by law, to be present at
the opening of the court. Not wishing to take advantage of these
irregularities, and perhaps deeming it dangerous to disobey any sort
of summons, however illegal, from officials whose arbitrary will was
so often substituted for law, he with his confreres, Messrs. Clawson
and Townsend, put in a punctual appearance at the time and place
appointed. The fact that Editor Cannon's being called was a mere

586 HISTORY OF UTAH.

matter of form, and that it was no part of the plan of the crusaders
to put any Mormon upon the Grand Jury, may have partly accounted
for the laxity of legal procedure in his case. So far at variance was
it from that plan that Apostle Cannon should be accepted, that he
was actually one of the predestined victims of the prosecution, either
indicted already by the Grand Jury of the previous term, or about to
be by the inquisitorial body then forming. In short, the few
Mormons had been summoned simply that the prosecution might
have the opportunity to question and challenge them.

Just before the process of empaneling began, the entire array of
jurors was challenged by Judge Hoge, Mr. Fitch, Major Hempstead,
Mr. Miner and other attorneys of the court, on the ground that they
had not been summoned according to law. This point, as we have
seen, had already been ruled upon by Judge McKean, previous to the
Englebrecht trial. It was not in the hope that His Honor had changed
his mind upon the subject that the attorneys now presented their
challenge, but in order to save the point for some of their clients
whose cases were to come before the court, in the event of decisions
going against them. The challenge having been filed, the empanel-
ing of the Grand Jury was proceeded with. First, several non-
Mormons were successively interrogated by the Prosecuting Attorney.
The formula of questions and answers in their cases was as follows:

Question — Are you a citizen of the United States?

Answer — Yes.

Q. — Are you a resident of this Territory?

A.— Yes.

Q. — Are you a tax-payer?

A.— Yes.

Prosecuting Attorney. — You'll do. Call the next name.

When the name of George Q. Cannon — the first Mormon on the
list — was reached, that gentleman was put through the following
course of examination:

Q. — Are you a citizen of the United States?

A. — I am.

HISTORY OF UTAH. 587

Q. — How long have you been a resident of this Territory ?

A. — Twenty-four years, though I have not resided continuously
in the Territory for that period.

Q. — Are you a member of the Church of Jesus Christ of Latter-
day Saints?

A. — I am.

Q. — Is not polygamy one of the fundamental doctrines of that
Church?

A. — Plurality of wives is a doctrine of the Church.

Q. — Do you believe the revelation which teaches this doctrine
to the Church to be from God and binding upon His people?

A.— I do.

Q. — Which do you believe ought to be obeyed, the revelation or
the law?

A. — I do not think the question a proper one. When a case
arises in which they come in conflict, then I shall be able to decide.

Q. — Do you not think the revelation superior to law ?

A. — My views upon this are known through my public utter-
ances.

Q. — Do you believe that a man, in marrying more than one wife,
commits adultery?

A. — I do not if he marries them according to the revelation.

Q. — You do not believe this to be adultery?

A. — I do not.

The Prosecuting Attorney here turned to the Judge and sub-
mitted that the juror ought to be excused. It was the intention, he
said, to endeavor to indict a man who had more than one wife,
for adultery, and it was probable that several cases of that kind
would come before the Grand Jury.

The Judge in his blandest manner now addressed the editor
of the News, and asked : "Did I understand the gentleman to say
that he did not believe it to be adultery for a man to have more than
one wife at a time, under the revelation referred to?"

Editor Cannon. — "Your Honor understood me correctly."

588 HISTORY OF UTAH.

The bland look disappeared and an aspect of severity overspread
the face of the Judge, as he informed the juror that he had decided
that a certain man who had been proved to have three wives had
committed adultery under the laws of the Territory. That decision,
he said, was law until overruled, and as the juror did not agree with
the decision, he could not be accepted. Mr. Cannon was conse-
quently excused. General Clawson and Mr. Townsend were also
challenged and excused for similar reasons. The remainder of the
jurors present, being non-Mormons, were accepted in a lump. Said
the Prosecuting Attorney to them: "If there are any of you who
believe that a man who has more than one wife does not commit
adultery, stand up." No one arose, and all were accordingly
accepted. Twice during the proceedings, once prior to, and again
after the beginning of the process of empaneling, the U. S. Mar-
shal, armed with an open venire, sallied into the streets to pick up
talesmen.

"Are you citizens of the United States?" was asked of each man
in the latest lot brought in.

"Yes," was the answer.

"Are you members of the Mormon Church?"

"No."

"You'll do," said the interrogator, and finally the Grand Jury
was complete.

No; not quite. A little surprise awaited the court, and it was
now sprung upon Judge, Prosecutor and Marshal by Mr. Miner, one
of the attorneys present. Arising and addressing the court, that
gentleman cited a recent law of Congress which made it a cause of
challenge if a man, summoned to sit as a juror, had been so sum-
moned or had attended court in that capacity within two years pre-
viously. Judge McKean, who evidently was not familiar with this
law, asked to have it read. Mr. Miner read it accordingly. It being
an act of Congress, and not one of the Territorial Legislature, Judge
McKean deemed it prudent to respect its provisions. Consequently the
accepted jurors were all re-examined with a view to ascertain which

HISTORY OF UTAH. 589

of them, if any, were disqualified from serving. Ten out of the
twenty-three were found to have acted as jurors within two years,
and several of them upon the Grand Jury of the previous term. This
humiliating disclosure— so illustrative of the lawless and reckless
methods of the crusaders — was too much for the Judge, who, after
causing another open venire to issue, ordered an adjournment until
10 o'clock next morning. The packing of the Grand Jury — for
packing is the only word that properly describes the process — was
finally completed, not a Mormon finding place upon the panel, and
the work of grinding out indictments was at once begun.

The main reason why Marshal Patrick had so strenuously
insisted upon being the custodian, not only of United States pris-
oners, but of Territorial convicts as well, now became apparent.
Judge McKean and Prosecuting Attorney Baskin had both touched
upon the point during the empaneling of the Grand Jury; the
Attorney when he submitted to the court the advisability of excus-
ing Apostle Cannon from acting as a juror, on the ground that one
or more men having a plurality of wives were to be indicted for
adultery, and the Judge when he stated to the Apostle that he had
already held that a man who had more than one wife had committed
adultery under the laws of Utah. It was the purpose, in short, to
indict and try Brigham Young and other leading Mormons, not for
polygamy, under the Congressional act of 1862, but for adultery, or
at least lewd and lascivious cohabitation, under the laws of the
Territory. Their conviction under those laws, and their sentence to
the Penitentiary, would of course make them prisoners of the Terri-
tory, and consequently, unless Marshal Patrick had taken the action
that he did, would have placed them in Warden Rockwood's custody
instead of his own. It is not to be supposed that the U. S. Marshal
designed to mistreat them, though his regime would probably have
been more rigorous than that of his rival, but that he considered it
would be a feather in his cap to have Brigham Young and several
Mormon Apostles under lock and key, and the key in his own
pocket, is more than probable. How far the question of the per

590 HISTORY OF UTAH.

diem to be paid by the Territory for the keeping of its prisoners,
according to the contract between Governor Woods and Marshal
Patrick, influenced the action of the latter; we leave the reader to
surmise.

The motive of the Prosecuting Attorney in proceeding under the
laws of Utah, enacted by the Mormons themselves, instead of under
the act of Congress, passed for the especial purpose of meeting
polygamous cases, was probably this: that the law of the Territory
against adultery and other sexual sins was much more severe than
the act of Congress against the practice of polygamy. The max-
imum punishment for adultery was imprisonment for twenty years
and a fine of one thousand dollars, while the punishment for
polygamy was limited to five years imprisonment and a fine of five
hundred dollars. Another consideration, which doubtless had
weight with the crusaders, was the fact that by prosecuting under the
Territorial law, which was passed in 1852, instead of the Congres-
sional statute enacted in 1862, there was furnished a period of ten
additional years in which to find indictments, there being no statute
of limitations. Another reason still — and one that rendered the
situation of convicted Mormons in such cases almost hopeless — was
the fact that under that law no appeal could be taken from the
judgment of the courts in Utah to the Supreme Court of the United
States. Well might the Hon. Thomas Fitch exclaim, in his speech
before the Constitutional Convention : " I say with sorrow and
humiliation that the Mormon charged with crime who now walks
into the courts of his country, goes not to his deliverance but to his
doom."

"I like to play back the Utah laws upon these gentlemen," Mr.
Baskin had observed during the preliminary proceedings in the case
of Patrick versus Rockwood and McAllister. No one doubted the
statement when made, and still less were any inclined to doubt it.
after he and his co-conspirators had shown their full hand and their
malicious purpose was made apparent. Moreover, the Territorial
law was, by Judge McKean's ruling, made applicable to existing

HISTORY OF UTAH. 591

polygamous relationships that were untouched by the law of
Congress.

The section of the statute under which it was proposed to
prosecute the Mormon leaders, some of whom, sitting as legislators,
had helped to frame this very enactment, which was about to be
turned and twisted to their injury, were these:

SEC. 32. — Every person who commits the crime of adultery, shall be punished by
imprisonment not exceeding twenty years, and not less than three years, or by fine not
exceeding one thousand dollars, and not less than three hundred dollars ; or by both fine
and imprisonment at* the discretion of the court. And when the crime is committed
between parties, any one of whom is married, both are guilty of adultery, and shall be
punished accordingly. No prosecution for adultery can be commenced but on the com-
plaint of the husband or wife.

SEC. 33. — If any man or woman not being married to each other, lewdly and lasciv-
iously associate, and cohabit together, or if any man or woman, married or unmarried, is
guilty of open and gross lewdness, and designedly make any open and indecent, or obscene
exposure of his or her person, or of the person of another, every such person so offending
shall be punished by imprisonment not exceeding ten years, and not less than six months,
and a fine of not more than one thousand dollars, and not less than one hundred dollars,
or both, at the discretion of the court.

To say that the Mormon law-makers, in enacting this statute,
and that Brigham Young in approving it as Governor, never intended
it to apply to plural marriage, which they considered a virtue and
not a crime, would be a superfluous statement. To affirm that the
action of the U. S. Attorney, in claiming, and that of Judge McKean
in allowing, that this law had been violated by Brigham Young and
other Mormons in their marital relations with their plural wives,
met with very little favor among high-minded and honorable
members of the legal profession, is but to state what many of our
readers already know. To have prosecuted the defendants under the
anti-polygamy act of Congress, which, as said, was passed for the
especial purpose of meeting polygamy cases, would have been deemed
perfectly proper by non-Mormons everywhere, and the Mormons
themselves would have had far less cause for complaint; but to
spring a trap upon them, and distort one of their own enactments,
which had no real bearing in the premises, for the purpose of

592

HISTORY OF UTAH.

ensnaring them, was looked upon by the American public as a con-
temptible trick, an arrant piece of pettifoggery, unworthy the
representatives of a great and enlightened government. It is
recognized principle of jurisprudence that courts, in interpreting a
law, should be governed by the manifest intent of the law makers.
The intent of the Utah Legislature in this case was well known bot
to Judge McKean and to Prosecuting Attorney Baskin, and their
deliberate attempt to wrest the law from its purpose and turn it in
another direction, to enable them to multiply indictments and inflict
heavier penalties than Congress had authorized or justice would
warrant, thus wreaking partisan spite upon their religious and
political opponents arraigned as prisoners at the bar, was as dis-
honest as it was despicable.

It was late in the afternoon of Monday, October 2nd, 1871, that
a warrant of arrest was served by U. S. Marshal Patrick upon
President Brigham Young, at his residence in Salt Lake City. He
was charged with lewd and lascivious cohabitation with his plural
wives. The charge of adultery was not preferred, doubtless for the
reason that none of the President's wives had lodged against hii
the complaint required by law before a prosecution for that offens
could be instituted. Having been ill for several days, and at the
time of his arrest being unable to leave the house, he was permitte
by the kindness of the Marshal, who performed his duty in this
instance in a delicate and gentlemanly manner, to remain in his OWE
home, a deputy being left in charge of the distinguished prisoner.11

* In September of this year U. S. Marshal Patrick, doubtless with the approval of
the Governor, tried the experiment of using regular troops as a posse for the service of
warrants of arrest on persons indicted by the Grand Jury. There was much public indig-
nation at this course, especially when the military made boisterous night raids at Prove
and Springville on September 10th and 12th. At the latter place the house of a Mr.
Johnson was searched at 2 o'clock in the morning ; and at Prove the homes of H.
Davis and J. J. Baum were similarly disturbed at midnight, and several shots fired at Mr.
Baum as he was leaving the premises. He was wanted for shooting Richard Brown, on
December 28th, 1870. Brown had seduced Baum's niece and refused to marry her. He a!s
had threatened to kill Baum. The latter was arrested at the time, and had been acquitte
on the ground of justifiable homicide, but an effort was being made to prosecute him further.

HISTORY OF UTAH. 593

Next morning Hon. Thomas Fitch, one of the counsel for President
Young, made application in the Third District Court for an extension
of time until the following Monday, to enable the defense to prepare
for trial. He also requested, in view of the President's illness and
consequent inability to appear in person before the court, that he be
admitted to bail, as he was now virtually in the custody of the U. S.
Marshal.

Mr. Maxwell, the assistant prosecutor, brusquely objected to the
taking of bail prior to a plea being entered by the defendant. "The
people," said he with savage emphasis, "demand that Brigham
Young shall appear in court the same as anybody else!"

Judge McKean declined to admit President Young to bail, but
granted the extension of time asked by his counsel. The Judge also
stated that he was not aware that President Young was in charge of
either the U. S. Marshal or his deputies, but that if such were the
case, the Marshals should be withdrawn and the defendant left prac-
tically under his own recognizances to appear in court and answer to
the indictment as soon as he was able.

In the afternoon of the same day — Tuesday, October 3rd — Hon.
Daniel H. Wells, Mayor of Salt Lake City, was arrested by Marshal
Patrick, charged, like President Young, with "lewd and lascivious
cohabitation" with his plural wives. He immediately went before
Judge McKean and was admitted to bail in the sum of five thousand
dollars, Messrs. Thomas Taylor, Henry Dinwoodey and David Day
being his bondsmen. Regarding this arrest, The Review, a local
Gentile paper, remarked : " Daniel H. Wells in former days took the
part of Jesus in the 'Endowment House.' Upon hearing this, a
friend of ours wants to know when he is to be crucified. Can any
of our friends enlighten the anxious enquirer?" To which the Salt
Lake Herald wittily retorted: "On Monday next, between Baskin
and McKean."

Saturday, October 7th, Apostle George Q. Cannon was placed
under arrest by the U. S. Marshal, the charges against him being
similar to those made in the cases of President Young and Mayor

42-VOL. 2.

594 HISTORY OF UTAH.

Wells. Apostles John Taylor and Wilford Woodruff became his
sureties in the sum of five thousand dollars. As a show of
impartiality, Mr. Henry W. Lawrence, a Godbeite polygamist, who
about this time separated from his plural wives, was placed under
arrest on the same charge and liberated on bail in the same
amount.

Proceedings in the case of the People versus Brigham Young,
Sr., began on Monday afternoon October 9th, 1871, before Chief
Justice McKean. Messrs. Baskin and Maxwell appeared for " the
people," and Messrs. Fitch and Mann, Hempstead and Kirkpatrick,
Hoge and Snow, Aurelius Miner, Hosea Stout and Le Grand Young
for the defendant. Mr. Fitch opened the proceedings by stating
that the defendant was now in court, and asking that he be
admitted to bail prior to the filing of such pleas as his counsel
had to make in the case. The Judge thereupon ordered that
President Young be admitted to bail in the sum of five thousand
dollars, which was accordingly done, Messrs. William Jennings and
John Sharp becoming his sureties. Mr. Fitch then read the follow-
ing plea in abatement :

THE TERRITORY OF UTAH. IN THE THIRD JUDICIAL DISTRICT COURT OF SAID TERRITORY,
REGULAR SEPTEMBER TERM THEREOF, A. D. 1871. HON. JAMES B. McKsAN, JUDGE.

THE PEOPLE OF THE UNITED STATES j
IN THE TERRITORY OF UTAH, J-
AGAINST BRIGHAM YOUNG, SEN. J

And the said Brigham Young, who is complained of for the crime of openly and
notoriously, lewdly and lasciviously associating and cohabiting with women not being
married to them, in his own proper person cometh into court and having heard the com-
plaint read says : That he can only be indicted for the crime aforesaid by a Grand Jury
duly selected, drawn, summoned and impaneled according to the laws of the Territory
of Utah.

That said Grand Jury, by whom said pretended indictment was found, was not drawn
according to said law ; but an open venire was issued by order of Hon. James B. McKean,
Judge of said Third District Court, which order was in words and figures as follows ;
to wit :
To William S. Walker, Clerk of the Third District Court in and for the Territory

of Utah:

SIR: — It is hereby ordered that you issue to the United States Marshal for the said

HISTORY OF UTAH. 595

Territory, a venire, commanding him to summon, from the body of the Third Judicial
District of the said Territory, eighteen good and lawful men to act as Petit Jurors, and
twenty-three good and lawful men to act as Grand Jurors, at a session or term of the said
court, to be held in the Court Room in Salt Lake City, on Monday, the 18th day of Sep-
tember instant ; and that you make the same returnable then and there at 10 o'clock in
the forenoon of that day, and thereof fail not.

Witness my hand at Salt Lake City, this llth day of September, A. D. 1871.

JAS. B. McKEAN,

Judge of the Third District Court.

Which said order was endorsed as follows : Order received and venire issued Sep.
llth, 1871.

WM. S. WALKER, Clerk.

That said William S. Walker, Clerk of said court, issued a venire on said order in
words and figures as follows, viz.:

DISTRICT COURT, THIRD JUDICIAL DISTRICT, UTAH TERRITORY, REGULAR SEPTEMBER TERM, 1871.

HON. JAMES B. McKEAN, JUDGE.
TERRITORY OF UTAH, 1

I eg

County of Salt Lake, j '
To M. T. Patrick, United States Marshal for the Territory of Utah, Greeting:

You are hereby commanded to summon twenty-three good and lawful men, residents
of the Third Judicial District, to be and appear at the United States Court, in Salt Lake
City, on Monday, the 18th day of September inst., at 10 o'clock a. m., to serve as Grand
Jurors for the Third Judicial District of the Territory of Utah, thereof fail not, and make
due return of this venire with the panel thereon endorsed.

Witness the Honorable James B. McKean, Judge, and the seal of said Court at Salt

Lake City, this llth day of September, 1871.

WILLIAM S. WALKER, Clerk.

That said venire was delivered to one M. T. Patrick, United States Marshal, who
selected and summoned the following named jurors, by virtue of said writ of venire, the
return of said Marshal being in words and figures, to wit: I hereby return the within
venire, having summoned, from the body of the said District of Utah, the following named
persons to serve as Grand Jurors :

1 Sharp Walker 9 Edwin D. Woolley 17 James Mathews

2 Samuel Kahn 10 Alfred S. Gould 18 Frank Hurlburt

3 Milton Orr 11 Frank D. Clift 19 Samuel Howe

4 Chauncey C. Nichols 12 J. T. Miller 20 Charles Newbaldt

5 Charles L. Dahler 13 G. L. T. Harrison 21 Nelson Lawrence

6 Hiram B. Clawson 14 George Q. Cannon 22 Charles Trowbridge

7 Elias B. Zabriskie 15 Christopher Diehl 23 Edward Ried

8 James Townsend 16 James P. Page

M. T. PATRICK, U. S. Marshal.
Sept. 18th, 1871.

596 HISTORY OF UTAH.

That said jurors were called by the Clerk of said District Court, on the 18th day of
September, 1871, in open Court, and the following persons answered to their names, viz.:
Sharp S. Walker, J. T. Miller, Alfred S. Gould, J. Milton Orr, Elias B. Zabriskie, George
Q. Cannon, Hiram B. Clawson, James P. Page, Frank Hurlburt, Charles Newbaldt,
Samuel Kalm. Chauncey C. Nichols, E. L. T. Harrison, James Townsend, Christopher
Diehl, James Mathewson, Samuel Howe, Nelson Lawrence, Edward Ried.

That the following were excused : Sharp |S. Walker, Samuel Kahn, J. Milton Orr,
Elias B. Zabriskie, Christopher Diehl, Nelson Lawrence, Edward Ried, Alfred S. Gould,
George Q. Cannon, James Townsend, Hiram B. Clawson.

It was then ordered by the Court that talesmen be summoned to fill out said jury,
when the following persons were selected and summoned promiscuously from the body of
the County by the United States Marshal, as talesmen, and answered in Court, viz.:
Charles Read, Hugh White, James M. Day, Wm. Johns, John W. Morehouse, J. B.
Meader, John M. Wallace, Geo. W. Bostwick, Clayton L. Haynes, Edward Preble, William
S. Woodhull, Alphonzo F. Tilden, Jacob Engler, Ezra C. Chase, James W. Hamilton,
Thomas Carter, John Cunninglon.

The following talesmen were then excused : George W. Bostwick, Thomas Carter
and John Cunnington.

The following persons were impaneled, sworn and charged as a grand jury, to wit:
Samuel Howe, Chauncey C. Nichols, J. T. Miller, E. L. T. Harrison, James P. Page,
James Mathewson, Frank Hurlburt, Charles Newbaldt, Clayton L. Haynes, Hugh White,
Edward Preble, James M. Day, William L. Woodhull, William M. Johns, Alphonzo F.
Tilden, John W. Morehouse, Jacob Engler, J. B. Meader, Ezra C. Chase, John M. Wallace,
Charles Read and James W. Hamilton, and constituted the Grand Jury, by whom the
indictment was found and presented in this case.

That said Jurors were selected by the United States Marshal, aforesaid, instead of
being selected in accordance with the Territorial laws.

That they were summoned by the said United States Marshal, and not by either the
Territorial Marshal or Sheriff, as required by said Territorial laws.

That said jurors and talesmen were selected, chosen, designated and called by said
United States Marshal promiscuously, and not by any drawing, or ballot, as prescribed by
the laws of said Territory, and in contravention of each and every section of the laws of
said Territory, prescribing the manner of drawing, selecting and obtaining jurors to serve
in the District Courts of said Territory.

That said jurors and talesmen were not selected, summoned or called in accordance
with the provisions of any Act of Congress of the United States, or in accordance with tin-
practice or rules of any Court of the United States, or in accordance with any rules of
this court.

That one Charles Read had been summoned, attended and served as a juror in this
court in the September term, A. D. 1870, and within two years prior to the time said
Grand Jury, by whom the indictment in thiscase was found, was impaneled — he, the
said Charles Read, being the same person above named, and who was impaneled,
sworn and served on the said Grand Jury, by whom the indictment herein was presented.
contrary to the Act of Congress, entitled, " An Act to provide for the compensation of

HISTORY OF UTAH. 597

Grand and Petit Jurors in the Circuit and District Courts of the United States and for other
purposes," approved 'July 5th, 1870.

That one James Mathewson, and one Elias L. T. Harrison, were impaneled and
sworn, and acted as members of the Grand Jury in finding the indictment in this case ;
and that said James Mathewson and Elias L. T. Harrison were never selected or sum-
moned to serve on said Grand Jury, by any one or in any manner, as appears from the
records in this court.

That one George R. Maxwell was present before said Grand Jury at the time of find-
ing said indictment. That said George R. Maxwell was only present in the capacity of
Deputy United States Attorney, as appears by the records of this court, the legality of
which appointment the said affiant denies, was not sworn, or otherwise present
as a witness, and that he was an unauthorized person and was illegally before said Grand
Jury.

That at the time of the impaneling of said Grand Jury this defendant was not under
arrest, in custody or on bail, or was he charged with crime of any kind prior to the find-
ing of said indictment ; nor did he have any opportunity at any earlier date than the
present, to interpose any challenge to said Grand Jury, or either of said jurors.

And this the said Brigham Young is ready to verify.

Wherefore he prays judgment of said indictment, and that the same may be
quashed.

BRIGHAM YOUNG.

TERRITORY OF UTAH, )
County of Salt Lake. ) SS"

Brigham Young, being duly sworn, says he is the defendant in the above case. That
he has read the above and foregoing plea, and knows the contents thereof, and that the
same is true in substance and matters of fact, to the best of his knowledge and belief.

BRIGHAM YOUNG.

Subscribed and sworn to before me, this 9th day of October, A. D. 1871.

WILLIAM S. WALKER, Clerk.

The reading having concluded, the Prosecuting Attorney an-
nounced his intention of entering a demurrer to the plea,
which position was sustained by the court. To this ruling the
defense gave notice of exception. Major Hempstead then made a
motion to quash the indictment on the ground that it contained
sixteen counts, all for the same offense, which he claimed was
contrary to established practice. He argued that the prosecution
must either elect one of the charges upon which they would
proceed, or that the court must quash the indictment. The coun-
sel for the prosecution opposed this position, and arguments

598 HISTORY OF UTAH.

pro and con continued until the court adjourned, and during the
two days following. *

Finally on October 12th, Judge McKean rendered his decision,
portions of which are here presented :

Although the question of selecting, summoning and empaneling the grand jury
which presented this indictment, is not involved in the motion before the court, one of
the counsel for the defendant saw fit, in his remarks, to denounce the jury as having
heen selected and empaneled in a manner unprecedented either in Europe or America.
Had the counsel first investigated this question, he would have found that when Brigham
Young was Governor of the Territory, and his selected friend, Judge Snow, now one of
his counsel, sat both upon the district and the supreme bench of the Territory, grand
urors were for years selected, summoned and empaneled precisely as they now are.
And the counsel would also have found that in repeated cases United States judges, even
within the States, have sometimes found the States statutes inapplicable, and have
ordered juries to be procured substantially as they are procured in this Territory.

But all this has nothing to do with the motion before the court, which is to quash the
indictment — not the grand jury that found it. Let us return, therefore, to the record.

One of the counsel for the defendant has rightly said, that the court should render
such decision upon this motion as shall subserve the interests of the public and the rights
of the defendant. What are those interests ? What are those rights ?

* Said the Salt Lake Tribune, editorially, on the morning of October 10th.
"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 yesterday. His
being there a quarter of an hour before Judge McKean, patiently waiting his com-
ing, 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. * * It is evident that President Young 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 Gentiles 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 illness, 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."

HISTORY OF UTAH. 599

***********

It is unquestionably to the interests of the public that a man indicted for crime, if
guilty, should be convicted ; if innocent, acquitted ; and] that, too, with as little delay as
may be consistent with the rights of the accused, and with those safe-guards which
experience has approved. But will it promote the interests and rights either of the public
or of an accused citizen, to have many indictments and many trials for offenses of the
same class, rather than one indictment and one trial covering the whole ? The court is
bound to presume that the evidence before the grand jury authorized, nay required, the
sixteen charges contained in this indictment. If now the court should grant the motion
of the defendant, and quash the indictment because it contained these sixteen counts, the
grand jury, which is not yet discharged, would be in duty bound to find sixteen new
indictments. Or if the court should compel the prosecution to elect to go to trial on some
one count only — striking out the others, then the grand jury would be in duty bound to
find fifteen new indictments. Thus, in either event, the defendant would be subjected to
sixteen indictments and sixteen trials. How this could promote the rights and interests
cither of the public or of the defendant, it is not easy to perceive ; nay, it is difficult to
imagine anything more harassing and vexatious to the defendant. Indeed the learned
counsel for the defendant failed to show wherein this would be any favor to their client.
Had sixteen indictments been found in the first instance instead of one, could not the
defendant's counsel urge with irresistible arguments, that they should be consolidated?

But is there not some legislation bearing upon-the question ? By act of Congress,
approved February 26th, A. D. 1853, it is provided that " whenever there are or shall be
several charges against any person or persons for the same act or transaction, or for two
or more acts or transactions connected together, or for two or more acts or transactions of
the same class of crimes or offenses which may be properly joined, instead of having sev-
eral indictments, the whole may be joined in separate counts ; and if two or more indict-
ments shall be found in such cases, the court may order them consolidated." (10 Statute
at Large, page 162 ; 1 Brightly's Digest, page 223, Sec. 117.)

*¥## it:*:)::):****

In considering the second ground of motion to quash, the meaning of the words
"associate" and " cohabit " must be carefully kept in mind. Webster defines " associate "
thus : To join in company, as a friend, companion, partner or confederate.
It conveys the idea of intimate union. He thus defines "cohabit": To dwell and live
together as husband and wife, usually or often applied to persons not legally married.
* * *********

The learned counsel for the defendant need not be assured that any motion which
they may make in behalf of their client, shall be patiently heard and carefully considered.
Nor does the court intend to restrict them in their arguments, except upon questions already
adjudicated. But let the counsel on both sides, and the court also, keep constantly in
mind the uncommon character of this case. The supreme court of California has well
said : " Courts are bound to take notice of the political and social condition of the coun-
try which they judicially rule." It is therefore proper to say, that while the case at bar is
called, " The People versus Brigham Young" its other and real title is, "Federal Author-
ity versus Polygamic Theocracy." The Government of the United States, founded upon

600 HISTORY OF UTAH.

a written constitution, finds within its jurisdiction another government claiming to come
from God — imperium in imperio — whose policy and practices are, in grave particulars, at
variance with its own. The one government arrests the other, in the person of its chief,
and arraigns it at this bar. A system is on trial in the person of Brigham Young. Let
all concerned keep this fact steadily in view ; and let that government rule without a rival
which shall prove to be in the right. If the learned counsel for the defendant will
adduce authorities or principles from the whole range of jurisprudence, or from mental,
moral or social science, proving that the polygamous practices charged in the indictment
are not crimes, this court will at once quash the indictment and charge the grand jury to
find no more of the kind.

The pending motion to quash is overruled.

It is not overstating the case to say that this decision of the
Chief Justice created a profound sensation ; not because of his
refusal to quash the indictment, nor because of his argument that
while Brigham Young was Governor of Utah grand jurors were
selected, summoned and empaneled precisely as in the case at bar,
which statement the Deseret News answered by explaining that such

practice prevailed only while there was no Territorial statute

•

upon the subject, and that after the passage of such a statute, in
January, 1859, grand jurors were selected, summoned and empaneled
according to its provisions, and that, too, under the sanction of
Federal Governors and Judges up to the year 1870, when Judge
McKean came to the Territory. But the sensation was caused by
his remarkable declaration that "while the case at bar is called
the People versus Brigham Young, its other and real title is Federal
Authority versus Polygamic Theocracy."

This was a virtual admission on the part of the Chief Justice
that he was precisely what the Mormons, and many Gentiles,
in and out of Utah, declared him to be, — "a mission jurist," "a cru-
sader," "a judge panoplied with a purpose as in complete steel." It
was almost equivalent to saying that the guilt or innocence of the
Mormon leader, of the charges contained in the indictment, cut no
figure in the case whatever. "A system" was "on trial in the
person of Brigham Young," and he, forsooth, as an individual, must
answer for the alleged crimes of a community, adjudged guilty in
advance by the magistrate before whom he was arraigned tor trial.

HISTORY OF UTAH. 601

In lieu of adultery, or lewd and lascivious cohabitation, it was polyg-
amy or plural marriage, after all, that was being proceeded against,
as avowed by the Judge, who, throwing down the gauntlet in
open court, called upon the defendant's counsel to prove that
"the polygamous practices charged in the indictment" were not
crimes. In short, instead of an action brought by the public prose-
cutor against Brigham Young, as a person, it was, according to Judge
McKean, a crusade inaugurated by the United States Government
against the Church of Jesus Christ of Latter-day Saints. It was
this that created the sensation; and not only in Utah among the
Mormons, but in other parts of the country the extraordinary
language of the Chief Justice 'was commented upon and severely
criticised.

Two days after the delivery of the opinion, the counsel for
the defendant presented to the court the following document, which
was read by Mr. Fitch :

TERRITORY OF UTAH, THIRD DISTRICT COURT.

THE PEOPLE OF THE UNITED STATES 1

™ TT September lerm, 1871,

IN THE IERRITORY OF UTAH, I

I Salt Lake City,
vs. BRIGHAM YOUNG.

To the Hon. James B. McKean, Judge of the above entitled Court:

We, the undersigned, of counsel for the defendant in the above entitled cause,
respectfully except to the following language of your honor in your opinion upon the
motion to quash the indictment herein :

" 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 judicially rule' It is
therefore proper to say that while the case at bar is called ' The People versus Brig-
ham Young,' its 'other and real title is 'Federal Authority versus Polygamic Theocracy.'
The government of the United States, founded upon a written constitution, finds within its
jurisdiction another government — claiming to come from God — imperium in imperio —
whose policy and practice in grave particulars, are at variance with its own. The one
government arrests the other in the person of its chief, and arraigns it at the bar. A sys-
tem is on trial in the person of Brigham Young. Let all concerned keep this fact steadily
in view ; and let that government rule without a rival which shall prove to be in the
right. If the learned counsel for the defendant will adduce authorities or principles from
the whole range of jurisprudence, or mental, moral or social science, proving that the

602 HISTORY OF UTAH.

polygamic practices charged in the indictment are not crimes, this court will at once quash
this indictment and charge the grand jury to find no more of the kind."

The indictment in this case charges the defendant with " lascivious cohabitation" and
not with polygamy or treason. The statement of your honor that a system of polygamic
theocracy is on trial in this case in the person of Brigham Young, coupled with your
intimation to us to prove by authorities that the acts charged in the indictment are not
crimes, is most prejudicial to a fair trial of the defendant, in that it assumes that the
defendant has been guilty of the acts charged in the indictment, and that the law and not
the alleged fact will be on trial.

No motion has been made to quash the indictment in this case on the ground that
the acts charged therein are not crimes, nor has such a proposition been advanced on
argument by any of defendant's counsel therein.

We submit that no " political and social condition of the country" can relieve the pros-
ecution of the task of proving one or more of the acts alleged in the indictment, and that
unless and until such proof is made the guilt of the defendant ought not to be assumed or
even conjectured by the Judge before whom he is to be tried.

If any presumption is to be indulged in it is that the defendant is innocent of the
charges preferred against him, and that he will accordingly plead "not guilty" to the
indictment, and that presumption remains until the defendant elects to plead either guilty
or a special plea of justification, which latter have not been suggested by either the defend-
ant or his counsel. In so pleading " not guilty," the defendant will not say that the acts
charged in the indictment are not crimes, but that he is not guilty of the acts charged in
the indictment.

Then there will be a question of fact for a jury, and we submit that in the determina-
tion of that question the language of your honor herein referred to cannot but tend to the
prejudice of the defendant, and we therefore except to the same.

FITCH & MANN,

HEMPSTEAD & KIRKPATRICK,

SNOW & HOGE,

HOSEA STOUT,

A. MINER,

LE GRANDE YOUNG.

Messrs. Baskin and Maxwell were not in court when the excep-
tion was read, but coming in soon afterwards, the former, on
being made acquainted with the contents of the document, moved
that it be stricken from the files, there being, he declared, no
authority for such a paper. Mr. Maxwell characterized it as
either a personal attack on the Judge, or the proceedings of the
court, or as a political exception ; to which Mr. Fitch retorted that it
was no more a political exception than the opinion which called it
forth was a political ruling. Judge McKean stated that while he did

HISTORY OF UTAH. 603

not wish to be understood as establishing a precedent, he would per-
mit the exception to remain on file.

The defendant having pleaded not guilty, which he did on
Monday, October 16th, further proceedings were postponed to enable
both sides to better prepare for trial. From the language of the Judge '
the defendant's counsel drew the inference that the case would
not be called up until the March term of court. A few weeks
later, as will be shown, this impression was rudely dispelled.
Mayor Wells, Apostle Cannon and other Mormons were subse-
quently arraigned and entered the plea of not guilty.

The arrest and arraignment of Brigham Young produced
a widespread sensation. It was fully intended that it should do
so. Lest there might not be sufficient in the bare fact to create the
excitement desired by the promoters of the crusade, their usual
tactics of " lying by lightning" were resorted to, to set on fire
public opinion against the Mormons. The following are samples of
the telegrams sent out from Salt Lake City by a representative of
"the ring" two days prior to the arrest of President Young, and
before it was publicly known that he had been indicted :

BRIGHAM YOUNG HAS BEEN INDICTED

On several charges, and it is also said that he is likely to be tried the coming week
on one of the indictments.

THE MORMONS ARMING.

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.

EXCITEMENT AMONG THE SAINTS.

The feeling of the Mormon people, as reflected by the Church organs, the News and
Herald, is unmistakably rebellious and warlike. The News, the official organ for Brig-
ham Young, is extremely bitter and offensive. It advocates open resistance to the laws,
libels United States officials, and endeavors in every way to incite the people to
open rebellion. Under these circumstances many persons are sending off their wives and
children to points where there will be no danger. The Church organs are doing every-
thing in their power to fire the Mormon heart, and the result cannot but be disastrous, if
the fanatical element is once aroused and fully loosed.

604 HISTORY OF UTAH.

The foregoing dispatches appeared in the columns of the New
York Herald, on Sunday, October 1st, 1871. All but one of the
statements — that in relation to the indictment of President Young-
were utterly false, and that exception, up to the time of the Presi-
dent's arrest, which did not occur until nearly thirty-six hours after
the New York Herald had published the fact that he had been
indicted, was supposed to be a secret of the grand jury room.
Nothing better illustrates the unscrupulous methods pursued by the
crusaders than this very fact, and when it is known that the sender
of those slanderous dispatches was no other than Oscar G. Sawyer,
managing editor of the Salt Lake Tribune, the organ of the anti-
Mormons, the real character of the crusade becomes apparent, and
the conspiracy between the Federal courts and "the ring" at that
period is conclusively proven. Edward W. Tullidge, the historian,
who was in a position to know whereof he testifies, is authority for
the statement that at that time Judge McKean "had the editorial
stool of the Salt Lake Tribune, at his pleasure, to write editorials
sustaining his own court decisions."* This being the case, one of
the reasons why Mr. Oscar G. Sawyer, managing editor of the Salt
Lake Tribune, and special press correspondent of the New York
Herald, enjoyed the reciprocal privilege of reveling in and revealing,
at his pleasure, the secrets of the grand jury room of Judge
McKean's court, is as clear as day.

The New York Herald, in its issue of October 3rd, contained the
following announcement:

Brigham Young was arrested yesterday by the United Stales Marshal in Salt Lake
City on an indictment charging him, under the Territorial laws, with lewd and lascivious
conduct with sixteen different women, whom we may presume were, according to his
creed, his wives. This brings the Mormon difficulty to a crisis, and we have nothing to
do but await his utter demolition in the courts and the immediate downfall of the last
relic of barbarism in this free country.

The Sacramento Union of the 6th commented thus on the Utah
situation :

* Tullidge's History of Salt Lake City.

HISTORY OF UTAH. 605

The arrest of Brigham Young, and Daniel H. Wells, another of the high function-
aries in the Mormon Church, with a view to test the stability of polygamy as a Mormon
institution, excites more than usual attention. The public is interested in knowing what
the upshot of the whole affair will be. There is a prejudice, whether well or ill founded
it is not the province of this article to say, against the Mormons as a sect, entertained by a
majority of the people of the United States, and it is only made stronger by their polyga-
mous doctrines audaciously declared to be sanctioned by revelation from heaven. The
prejudice is deep-rooted, and it asks for the conviction of the leaders of the Mormons for
practices which the civilization of the day does not approve.

The demands of the whole world have nothing to do with the case of these Mor-
mons, and should have no weight when they are to be tried and guaged by established
law. They are entitled to the protection of all the law there is, and are amenable only to
the laws there are, and for misdeeds committed while those laws have existed. These
Mormons went to a distant region as our forefathers fled from England, and founded insti-
tutions of their own. They went where no State laws were made to extend, and the
Constitution of the United States and laws made in accordance therewith, have not in
the past interfered with family relations. Marriage is not one of the institutions the sover-
eignty of the United States takes cognizance of and the declaration that the common law
steps in, in the absence of anything else, and makes the polygamist amenable, is made in
ignorance of the fact that the United States knows no common law, and it cannot be rec-
ognized anywhere except by statute. Up to a recent period the Mormons having full sway
in Utah, no laws existed that militated against their peculiar institutions, but were in con-
sonance with them. " Where no laws are, no offense abounds." An act of late date
cannot go back of its enactment to punish. Ex post facto laws are prohibited, and we
conceive that any act of Congress or of the Territorial Legislature, cannot punish polyg-
amy before the enactment.

The leading Mormons now under 'arrest seem to have been caught up under an act
to prohibit adultery, signed by Brigham Young himself. Now, that law is to be inter-
preted by the spirit that dictated its passage. Manifestly not one who voted for it, or
Brigham Young who approved it, recognized its applicability to cases of polygamous prac-
tice. Their plural marriages were regarded as legitimate, and the law was passed to favor
such marriages and to discourage prostitution. The spirit of that law has not been broken
by the Mormon elders in taking more wives than one, and it is not in the duty of the
judicial authorities of Utah to give the law a different construction from that intended. If
that law is all that is relied on for conviction, Brigham and Wells may well entertain san-
guine hopes of non-conviction, if a fair trial be given them.

The following is an excerpt of correspondence to the Indian-
apolis Journal, whose editor, Hon. W. P. Fishback, on October 10th
of this year arrived at Salt Lake City, being one of a small
party of tourists, headed by Senator Oliver P. Morton, then on the
way to the Pacific Coast. Having carefully studied the local situa-

606 HISTORY OF UTAH.

tion, Mr. Fishback gave the results of his observations to his paper
in this form :

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 Federal authorities and the Mormons, in a contest in which the Government occupies
a false and untenable position. If an issue is to be made and settled in the courts
between the U. S. authority on the one hand and polygamy on the other, concerning the
lawfulness of the practice, it is of the utmost importance that it be fairly made and impar-
tially tried, with full preparation for the probable results. We are convinced that the
pending prosecutions are conceived in folly, conducted in violation of law, and with an
utter recklessness as to the grave results that must necessarily ensue. How does the mat-
ter stand ? There is a vacancy in the office of United States district attorney for the Ter-
ritory 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 disingenuous trickery by which they hope to force a conflict whose conse-
quences they have not the capacity to measure or understand. It is much to the credit
of President Grant's administration that these deputy prosecutors arrogate to themselves
the entire credit of conceiving the disreputable trick to which they have resorted to effect
their purpose. Let it be understood that the indictments pending are not based on the act
of Congress of 1862, defining and providing for the punishment of bigamy, but upon Sec-
tion 32 of the Territorial laws of Utah. * * The indictment against
Brigham Young charges him with violating this statute by living with his sixteen wives.
By no recognized rule of interpretation can polygamy be punished under this law. The
law itself was passed by Mormons who taught and practiced polygamy at the lime, and it
was clearly intended by its framers to punish prostitution and fornication in cases where
there was no claim or pretense of marriage. However illegal, the Mormon marriages are
de facto marriages, and were not contracted in violation of this statute. That they are
contrary to the act of Congress is clear, and they should be attacked, if attacked at all, by
the United States authority under that law. To use the Federal tribunals for the punish-
ment of polygamists, under the Territorial act, is a manifest perversion of the law, if it is
anything more than a piece of disreputable trickery, conceived and carried on in the
interest of a gang of unscrupulous adventurers. If the United States desires to wage war
upon Mormon polygamy, let it be done in an open and dignified manner, and not in the
pettifogging style which has thus far characterized the prosecution in Judge McKean 's
court in Salt Lake. No good citizen of the United States can have any sympathy with
polygamy. It is a doomed institution, and it must disappear from our social system ;
but all good people are interested in having its destruction brought about by methods
stern and effective, if need be, but so ordered that the judgment of the civilized world
shall approve them.

It was understood that these were not only the views of Mr.
Fishback, the leading Republican editor of Indiana, but those also of
his social and political friend Senator Morton, who, both on the

HISTORY OF UTAH. 607

Pacific coast and in the East after his return from his western tour,
voiced similar opinions regarding the conduct of the McKean coterie.
Senator Morton and his party reached Salt Lake while the argu-
ments were in progress in the District Court in the case of the People
versus Brigham Young, on the motion to quash the indictment
against the Mormon leader. The distinguished statesman attended
court one afternoon, during the delivery of some of the arguments,
he having a strong desire, notwithstanding the fact that he was a
cripple and had to be carried up to the court room, to witness the re-
markable proceedings then in progress.

Just prior to the arrival of Senator Morton and party, which
included his wife and child, Mr. and Mrs. Fishback and child, Major
Beeson, Dr. W. Clinton Thompson, Mrs. Lippincott (Grace Green-
wood) and Judge Clark her brother, the dreadful tidings of the great
Chicago fire had been flashed to every nook and corner of the
nation, touching the hearts of America's millions and kindling deep
and instant sympathy for the homeless myriads then wandering
hungry and shelterless through the charred and blazing streets
of the doomed and desolate city. Calls for succor came simul-
taneously. The Mormon response was immediate and heroic.
Forgetting their own troubles, the Saints joined hands with their
non-Mormon fellow citizens in extending aid for the relief of
the sufferers. Immediately on receipt of the startling news of the
awful conflagration, by which one hundred thousand people had
been rendered homeless, Mayor Wells issued the following pro-
clamation :

PROCLAMATION.

The news having been confirmed of the terrible conflagration by which a great por-
tion of the city of Chicago has been reduced to ashes, and one hundred thousand people
have been stripped of their homes, clothing and means of subsistence, therefore,

I, Daniel H. Wells, Mayor of Salt Lake City, by the wish of the city council of said
city, call upon all classes of the people to assemble in mass meeting tomorrow, Wednes-
day, October llth, at one o'clock p. m. in the old tabernacle in this city, for the purpose
of making subscriptions and taking such measures as are demanded for the relief of our
fellow cilitizens who are sufferers by this dreadful visitation.

October 10th, 1871. DANIEL H. WELLS, Mayor.

608 HISTORY OF UTAH.

The meeting thus called was*duly held, Mayor Wells being
chosen chairman, and Hon. George Q. Cannon secretary. Gentiles
as well as Mormons were present, though the attendance, owing to
the brief notice given, was not so large as it would otherwise have
been. Messrs. John T. Caine, David E. Buell, Warren Hussey, S.
Sharp Walker, S. A. Mann, Theodore McKean, William Jennings and
William Calder were appointed a committee to receive subscriptions.
Appropriate addresses were delivered by Hon. William H. Hooper,
Hon. Thomas Fitch, Mrs. Lippincott, Major C. H. Hempstead, Mr.
Alexander Majors and Judge Zerubbabel Snow. The sum of
$6,285.50 was subscribed at this meeting, President Brigham Young
heading the list with a donation of a thousand dollars, Salt Lake
City Corporation giving fifteen hundred dollars, and Daniel H. Wells,
William H. Hooper, William Jennings and David E. Buell adding five
hundred dollars each. Others donated smaller sums according to
their ability. The meeting then adjourned, but reconvened at
7 p. m. in the open air before the Salt Lake House, where speeches
were delivered and subscriptions made swelling the relief fund to
$15,000. Other meetings and additional subscriptions followed ; a
benefit at the Salt Lake Theater, offered for the purpose by President
Young, took place a few nights later, and a lecture by Mrs. Lippin-
cott, netting between two and three hundred dollars, was given at
the same place.* Altogether, Utah's relief offering to the Chicago
sufferers aggregated about $20,000.

Mrs. Lippincott was deeply moved at the manifestation of
philanthrophy on the part of the Mormon people at this particular
juncture. Said she, in a letter to the New York Herald, written

* The voluntary benefit tendered by the management, dramatic corps, orchestra and
attaches of the Salt Lake Theatre, for the relief of the Chicago sufferers, took place on
the night of Monday, October 16th, 1871. A double bill was presented ; first, a piece
entitled " From Village to Court " by the regular dramatic company, followed by the farce
of " Handy Andy," with the talented Robert McWade — who had just closed an engage-
ment at the Theatre, and had volunteered his services for the benefit — in the title role.

Mrs. Lippincott's lecture was given on Sunday evening, October 15th, her subject
being " The Heroic in Common Life."

HISTORY OF UTAH. 609

from Salt Lake City: "In the Old Tabernacle yesterday we attended
a mass meeting, called by the Mayor to raise money for the relief of
the Chicago sufferers. Here we saw Brigham Young, and I must
confess to a great surprise. I had heard many descriptions of his
personal appearance but I could not recognize the picture so often
and elaborately painted. I did not see a common, gross-looking
person, with rude manners, and a sinister, sensual countenance, but
a well dressed, dignified old gentleman, with a pale, mild face, a clear
gray eye, a pleasant smile, a courteous address, and withal a patri-
archal, paternal air, which of course he comes rightly by. In short
I could see in his face or manner none of the profligate propensities
and the dark crimes charged against this mysterious, masterly,
many-sided and many-wived man. The majority of the citizens of
Salt Lake present on this occasion were Mormons, some of them the
very polygamists arraigned for trial, and it was a strange thing to
see these men standing at bay, with 'the people of the United
States' against them, giving generously to their enemies. It either
shows that they have, underlying their fanatical faith and Moham-
medan practices, a better religion of humanity, or that they
understand the wisdom of a return of good for evil just at this time.
It is either rare Christian chanty, or masterly worldly policy. Or
perhaps, it is about half and half. There is to

me, I must acknowledge, in this prompt and liberal action of the
Mormon people, something strange and touching. It is Hagar
ministering to Sarah; it is Ishmael giving a brotherly lift to Isaac."
Had the talented lady, Mrs. Lippincott, — better known by her
literary cognomen of "Grace Greenwood," — remained in Utah a few
days longer, she would have been apprised of an event which might
have furnished her able pen with another text upon which to dis-
course in relation to the "mysterious and many-sided man,"
Brigham Young; an event which, while not exactly the offspring of
"rare Christian charity," or of "masterly worldly policy," was
illustrative of the public-spirited enterprise and practical philan-
thropy of the Mormon leader. It was the completion to Pioche,

43-VOL. 2.

610 HISTORY OF UTAH.

Nevada, on October 23rd, of an extension of the Deseret Telegraph
Line, originally established at Salt Lake City by President Young,
and thence extended throughout Utah and into the adjoining States
and Territories. The citizens of Nevada esteemed it as a boon and
benefaction. According to the Mormon view this was Sarah,
symbolized by the fair City on the Lake, ministering to Hagar,
represented by Pioche in the wilderness. It was Isaac giving a
brotherly lift to Ishmael ; and thus Ishmael responded:

PIOCHE, NEVADA, October 23rd, 2:20 p. m.
President Brigham Young:

We thank you for your enterprise in placing us in telegraphic communication with
the outer world,

P. EDWARD CONNOR,
CHARLES FORMAN,
M. FULLER,

B. F. SIDES,
HARRY J. THORNTON,

C. W. LIGHTNER,

D. W. PERLEY.

Other telegrams followed, including one from Superintendent
Musser to President Young, one from General Connor and others to
President Grant, and another from the same persons to Governor
Woods. It was a great day at Pioche, where the event was
celebrated with speeches, firing of cannon and other demonstrations
of rejoicing.*

* Says Superintendent Musser of the event : " When the line reached Pioche they
gave me a grand ovation, all citizens participating. It was a great boon to that big camp,
because it put the miners and manipulators of the famous Raymond and Ely and the
Meadow Valley mines and reduction works in direct communication with San Francisco
and New York. So great was the demand for direct telegraph communication that
within a year from its completion to Pioche the receipts of the telepraph office at that
point amounted to some 837,000."

HISTORY OF UTAH. 611

CHAPTER XXII.

1871.

THE HAWKINS CASE JUDGE MCKEAN DECIDES THAT POLYGAMY IS ADULTERY A WIFE PER-
MITTED TO TESTIFY AGAINST HER HUSBAND THOMAS HAWKINS CONVICTED AND SENTENCED

STRICTURES OF THE AMERICAN PRESS UPON JUDGE MCKEAN THE UTAH BAR PEN POR-
TRAITS OF "THE RING" — MAYOR WELLS ON REGISTER MAXWELL AND THE LOCAL LAND

QUESTION LEADING MORMONS ARRESTED, CHARGED WITH MURDER "BILL" HICKMAN THEIR

ACCUSER HIS MOTIVE FOR IMPLICATING THE INNOCENT IN HIS CRIMES WILLIAM H.

KIMBALL'S STATEMENT — MAYOR WELLS ADMITTED TO BAIL — PRESIDENT YOUNG TAKES HIS
ANNUAL TOUR THROUGH SOUTHERN UTAH AND IS FALSELY ACCUSED OF FLEEING FROM

JUSTICE PROSECUTING ATTORNEY BASKIN DEMANDS THE FORFEITURE OF THE DEFENDANT'S

BOND JUDGE MCKEAN REFUSES TO ALLOW THE FORFEITURE, BUT SETS THE DAY FOR

THE PRESIDENT'S TRIAL — HON. THOMAS FITCH INTERVIEWED BY THE NEW YORK "HERALD"

ON UTAH AFFAIRS A RIFT IN THE CLOUD MR. BASKIN SUPERSEDED GEORGE C. BATES

APPOINTED UNITED STATES DISTRICT ATTORNEY FOR UTAH.

|CTOBER, 1871, the month made memorable by the com-
mencement of proceedings in the case of the People versus
Brigham Young, — or, as Judge McKean preferred to style it,
"Federal Authority versus Polygamic Theocracy," — witnessed the
trial of what is known as the Hawkins case, which attained a
celebrity second only to that in which the Mormon leader was the
party defendant. The history of the Hawkins case is as follows.

Some weeks prior to the arrest of President Young and his
brethren on the charge of "lewd and lascivious cohabitation," a
complaint had been made to Judge McKean that one Thomas
Hawkins, a tinsmith and a resident of Salt Lake City, had committed
"numerous adulteries," in violation of the Utah laws relating to
such crimes. According to the Judge's statement, made in open
court just before the trial, the complainant in the case was Mrs.
Harriet Hawkins, "an English woman," the wife of the accused, who
came to McKean and gave information to the foregoing effect,

612 HISTORY OF UTAH.

whereupon he, "as in duty bound," issued a warrant of arrest and
had Thomas Hawkins hrought before him. An examination elicited
the fact that the defendant was a Mormon and a polygamist; that he
had three wives, and that his so-called "adulteries " were simply
alleged acts of cohabitation with the two women whom he had
wedded after his marriage with the complainant. The Judge com-
mitted the defendant to the custody of the U. S. Marshal, but subse-
quently held him to bail to await a session of the Grand Jury. It
was this case that was mentioned by Judge McKean and Prosecuting
Attorney Baskin during the empaneling of the Grand Jury for the
September term, when it was announced that the Judge had held
that a certain man who had three wives had committed adultery, and
that an attempt, would be made to indict him on that score; and
when Apostle George Q. Cannon and other Mormons were excused
from acting as grand jurors for holding the opinion that plural mar-
riage was not adultery.

The Grand Jury, composed exclusively of Gentiles and apostate
Mormons, having been empaneled, Mrs. Hawkins, the complainant,
went before that body and repeated the substance of her affidavit
previously filed with Chief Justice McKean. It was her statement
that produced the indictment upon which Thomas Hawkins was tried
for adultery. The reader need hardly be reminded that a principle
of common law was here violated in permitting a wife to testify
against her husband. What the prosecution relied upon to justify
the proceeding, — since the Cullom bill, which provided that a wife
might testify against her husband in polygamy cases, had failed to
become law, — was that clause in the Utah statute which said: "No
prosecution for adultery can be commenced but on the complaint of
the husband or wife." Had it not been for the complaint of Mrs.
Hawkins, "lewd and lascivious cohabitation," instead of adultery,
would have been the charge against Mr. Hawkins, — if any charge
had been preferred against him at all ; which is doubtful, since he,
being a poor man and more or less obscure, would probably have
been deemed by the crusaders scarcely worthy of the steel

HISTORY OF UTAH. 613

unsheathed against Brigham Young and "Polygamic Theocracy."
Upon the impropriety of permitting the defendant's wife to testify in
this case, Mr. Fitch, in his masterly review of the acts of Judge
McKean, says, after quoting the clause already cited :

" The statutes of but few States make adultery a felony, and
adjudicated cases upon such statutes are rare. In Minnesota, how-
ever, the statute on this subject is precisely the same as that of
Utah, and the Supreme Court of Minnesota, in a case strikingly
analogous to the Hawkins case, in the case of State vs. Armstrong,
reported in the fourth volume of Minnesota Supreme Court reports,
set aside a similar conviction obtained upon the testimony of the
wife, and in its opinion used the following language:

The act provides that no prosecution for adultery shall be commenced except on the
complaint of the husband or wife. Com. statutes, Minnesota 128, sec. 1. It is contended
that this provision authorizes them to be sworn as witnesses against each other before the
grand jury in making the complaint. We think, however, that such was not the intention
of the legislature, etc., etc. We could not, etc., consistently with the rules of construction
of statutes add another case to those in which the confidence of the marriage relation
may be violated while another reasonable interpretation will fully satisfy the statute. We
think in limiting the prosecution of the crime of adultery to cases in which the complaint
shall be made by the husband or wife, the legislature only meant to say that it was a
crime, which, if the parlies immediately interested did not feel sufficiently injured by it to
institute proceedings against the offender, the public would not notice it. It does not fol-
low that because the prosecution of a case proceeds upon the complaint of a particular
person, that therefore that person must be the complaining witness. The person who
moves the prosecution before the magistrate, or grand jury, may not personally know any-
thing about the facts of the crime, but he can, nevertheless, put the investigation in
motion, by entering a complaint, and either producing the witness who can establish the
facts, or putting the officers of the law in the way of doing so. It means that it must be
upon the motion, and with the approbation of the interested party.

" In the same case the Supreme Court of Minnesota says upon
another point:

Marriages and deaths in civil actions involving questions of inheritance, the legiti-
macy of heirs, etc., may often be proven by admissions of the parties, inscriptions upon
tombstones, memoranda in family Bibles, and a variety of circumstances which are
admitted for convenience and from necessity. But in criminal prosecutions for bigamy, or
in adultery where the offense depends upon the defendant being a married man or
woman, the marriage must be proven in fact, and a conviction cannot be had upon the
admissions of the defendant. 7 John, 314. People vs. Humphrey.

614 HISTORY OF UTAH.

"Yet on the trial of Hawkins Judge McKean permitted the pros-
ecution to prove the marriage of Hawkins by evidence of his admis-
sions to that effect.
* * * * * * * ***

"Thus it will be seen that the four important provisions of the
discarded Cullom bill, namely, no choice of jurors except by a United
States Marshal, no Mormon to serve on juries, the abrogation of
the common law rule that a wife cannot testify for or against her
husband, and the new doctrine that marriage in criminal cases can
be proven by admissions of the defendant — are all in successful
operation. That legislation to meet a local difficulty in the way of
enforcing the laws, which the Senate of the United States did not
deem it wise or expedient to enact, has been decreed and established
by James B. McKean. That course of procedure which Chief
Justice Salmon P. Chase tacitly refused to pursue, even to meet a
great popular demand for the punishment of Jefferson Davis, the
Chief Justice of Utah has pursued to comply with a small popular
demand for the punishment of a Mormon polygamist. The Judge
has made those bold innovations upon precedent, the contemplation
of which compelled the pause of the law-making power of a great
nation. Who will doubt that whenever the exigency arises the
same Judge will overturn another common law rule, and establish
another proposition of the Cullom bill by allowing marriage to be
proved in prosecutions for polygamy by evidence of general reputa-
tion? Who will doubt that any ruling will be made that is neces-
sary to carry out the purposes of this crusade? And what unpreju-
diced citizen but will regard with apprehension the extension of this
practice of judicial legislation? . If it should ever reach beyond Utah
and be adopted by the Judges of our State and National courts of
last resort, either a revolution would be induced, or a people who
had lost their liberties would have occasion to remember John Ran-
dolph's epigram, that ' the book of Judges comes before the book of
Kings.' "

That the indictments found against the Mormon leaders, as set

HISTORY OF UTAH. 615

forth in the preceding chapter, were based purely upon "evidence of
general reputation," and not upon the testimony of witnesses duly
summoned before the Grand Jury, was very generally believed. Mr.
Fitch's supposition that the same rule would probably be followed
when their cases came before the trial juries, was well founded.

On the 14th of October — the same day that the counsel for
President Young filed their exception to the remarkable language of
Chief Justice McKean in his decision upon the motion to quash the
indictment against the Mormon leader — the defendant, Hawkins, by
his attorneys, Messrs. Miner and Fitch, filed a motion for a change of
\enue in his case, alleging his belief, on oath, that he could not
obtain a fair trial in the Third District Court, owing to the prejudice
that existed in said court and among the people from whom the jury
that would try him was to be drawn. Arguments of counsel having
been made the Judge rendered a decision overruling the motion for
a change of venue, on the ground that the defendant's affidavit did
not state facts going to show that any prejudice existed against him.
The Prosecuting Attorney then requested the court to fix a day for
the trial of the case, and Wednesday, October 18th, was accordingly
set apart for the purpose.

On that day the empaneling of a jury to try the case was
begun, and on the following day concluded. This jury was formed
in about the same manner as the Grand Jury which had found
the indictment. Among the jurors summoned by the U. S. Marshal
were two or three Mormons, who were promptly challenged by the
Prosecuting Attorney and excused by the Judge, on answering "Yes"
to the question if they believed in polygamy, and "No" to the
question if they believed a man could be guilty of adultery who
committed the act constituting that offense under a claim of plural
marriage. The jury as completed stood as follows, most of its
members being Gentiles and the rest apostate Mormons : James H.
Wilbur, James Crouch, William H. Liter, Isaac F. Evans, John H.
Latey, Henry 0. Pratt, James E. Matthews, George H. Rought, Jacob
Ornstein, Henry George, Charles B. Trowbridge and Sol. Siegel.

616 HISTORY OF UTAH.

Regarding the rulings of Judge McKean while the jury was being
empaneled, Mr. Fitch says:

"The act of Congress governing the -mode of procedure in
criminal cases in the courts of the United States, gives to the accused
ten peremptory challenges to the jury against two accorded to the
prosecution, while the Territorial law governing the mode of pro-
cedure in criminal cases in the Territorial courts gives to the
prosecution and the accused six challenges each. The act of Con-
gress referred to bars all prosecution for non-capital felonies (except
forgery) not instituted within two years from the date of the offense,
while the Territorial laws contain no statute of limitations. The
Territorial laws provide that in non-capital cases the jury which
finds a defendant guilty may prescribe the punishment. The act of
Congress is silent upon this subject and of course leaves the power
of sentence, where in the absence of statutory regulation it would
belong, with the judge.

-'As Judge McKean had ruled that his was a United States
court, the counsel for Hawkins asked the court to give their client
the benefit of the ten challenges allowed by act of Congress. Judge
McKean refused, and allowed only the six permitted under the laws
of Utah. The defendant's counsel requested an instruction to the
jury that the law of Congress protected the defendant for acts com-
mitted two years before the finding of the indictment. Judge
McKean refused because the Territorial laws prescribed no limit for
prosecutions. Then counsel asked the Judge to allow the jury to fix
the punishment as prescribed by the Territorial laws. He refused
that also. He pursued the practice of a United States court when
the jury was being selected; of a Territorial court when the jury
were being peremptorily challenged. He pursued the practice of a
Territorial court when the act of Congress would have limited the
prosecution; of a United States court, when the jury might, under
Territorial law, have been more lenient in prescribing punishment
than the exigencies of a great burning 'mission' would warrant,"

The only witnesses examined for the prosecution were Mrs.

HISTORY OF UTAH. 617

Harriet Hawkins and her daughter, Eliza A. Hawkins. For the
defense Mr. Andrew Taysum was the only witness called. The
evidence went to show that Harriet Hawkins was the defendant's
legal wife; that besides her he had two other wives, whose maiden
names were Elizabeth Meears and Sarah Davis, and that they had
borne children whom he acknowledged to be his own. Mr. Taysum
was called for the purpose of proving that a formal union had taken
place between the defendant and Elizabeth Meears, who, the witness
stated, was a sister to Mrs. Taysum, and was married to Mr. Hawkins
in 1862. The proving of this polygamous marriage was of course
a part of the defense against the charge of adultery. Arguments of
counsel followed, the Judge charged the jury and they retired to con-
sider upon a verdict. This was Friday evening, October 20th. Next
morning they came into court and rendered a verdict of guilty. A
motion for a new trial made by counsel for the defendant was over-
ruled by Judge McKean, who, on Saturday, October 28th, passed
sentence upon the convicted man as follows:

Thomas Hawkins, I am sorry for you, very sorry. You may not think so now, but
I shall try to make you think so by the mercy which I shall show you. You came from
England to this country with the wife of your youth. For many years you were a kind
husband and a kind father. At length the evil spirit of polygamy tempted and possessed
you ; then happiness departed from your household, and now, by the complaint of your
faithful wife and the verdict of a law-abiding jury, you stand at this bar a convicted
criminal.

The law gives me large discretion in passing sentence upon you. I might both fine
and imprison you, or I might fine you only, or imprison you only. I might imprison
you twenty years and fine you one thousand dollars. I cannot imprison you less than
three years nor fine you less than three hundred dollars. It is right that you should be
fined, among other reasons to help to defray the expense of enforcing the laws. But my
experience in Utah has been such that were I to fine you only, I am satisfied that the fine
would be paid out of other funds than yours, and thus you would go free, absolutely free
from all punishment ; and then those men who mislead the people would make you and
thousands of others believe that God had sent the money to pay the fine, that God had
prevented the court from sending you to prison, that by a miracle you had been rescued
from the authorities of the United States. I must look to it that judgment give no aid and
comfort to such men. I must look to it that my judgment be not so severe as to seem
vindictive, and not so light as to seem to trifle with justice. This community ought to
begin to learn that God does not interpose to rescue criminals from the consequences of

618 HISTORY OF UTAH.

their crimes, but that on the contrary He so orders the affairs of His universe that, sooner
or later, crime stands face to face with justice and justice is the master.

I will say here and now, that whenever your good behavior and the public good
shall justify me in doing so, I will gladly recommend that you be pardoned. Thomas
Hawkins, the judgment of the court is that you be fined five hundred dollars, and that you
be imprisoned at hard labor for the term of three years.

The prisoner was remanded to the custody of the U. S. Marshal,
and pending an appeal to the Supreme Court of the Territory — the
highest tribunal of resort in such cases — was confined in the Utah
Penitentiary. The "miracle" — unforeseen by Judge McKean — which
"rescued" Thomas Hawkins from "the consequences" of "the
crimes" of his persecutors, was the Englebrecht case, in which the
amount at issue, being in excess of one thousand dollars, was
sufficient to allow of an appeal to the Supreme Court of the United
States. Had it not been for this, there is no telling to what lengths
"the Utah Jeffreys" and his fellow violators of law and justice
might have carried their merciless crusade against the Mormons.
Strange that this case, the first one adjudicated by Chief Justice
McKean — whose first important ruling in Utah, that permitting the
unlawful formation of the Grand Jury which found the indictment
against the abaters of the Englebrecht establishment, caused all the
other anti-Mormon prosecutions of that period — should have been the
only one started by the crusaders in which an appeal could be taken
from the judgment of their mouthpiece! The Englebrecht case was
a veritable boomerang, returning to plague the hands that cast it.
They were hoisted by their own petard.

To reproduce from the American press of that period a tithe of
the adverse criticisms showered upon Judge McKean and his
coadjutors after the trial of the Hawkins case, would be to make this
chapter more voluminous than either the author or reader would
care to have it. Some of them, however, should here be presented.
The following pointed paragraphs are from the Omaha Herald:

He (Hawkins) was convicted under a Territorial statute which was enacted by a
Mormon Legislature, and no man knows better than Judge McKean that polygamy was

HISTORY OF UTAH. 619

never thought of by its framers. A greater outrage was never perpetrated in the name of
law than that was.

***********
An indictment against a Mormon in Utah, let it be remembered, is tantamount to a
•conviction. Brigham Young and Mayor Wells are already convicted as much as though
the farce of trial and verdict had already been performed.

The Idaho Herald said:

If the government is really in earnest, and determined to suppress polygamy, it will.
But let the laws be passed and let the Federal authorities act under the law. The trial of
Hawkins and others now going on there is without precedent and without laws. They
might as well have a military trial, out and out. as go through the farce of getting a jury
in the manner in which they have done. No one who looks upon the proceedings of
these courts from a disinterested standpoint, can fail to see it in any other light than
persecution.

Said the Sacramento Union:

We are more than ever convinced that Judge McKean, who occupies the place of one
whose business it is to administer law according to its true intent, is as confirmed a bigot
as any Mormon he desires to prosecute ; that he is utterly wanting in sagacity or knowl-
edge of law ; that his purpose is to complicate difficulties where none need to exist ; and
that he ought to be driven ignominiously from the bench. His whole course as Judge,
since the prosecution of the leading Mormons began, has been that of a narrow-minded
zealot, as ignorant of law as he is reckless of the consequences of his extra-judicial acts.
He started out, not to investigate, but to convict. All his utterances and his whole con-
duct have shown the animus of the man from first to last. He exhibits the worst
qualities of a fanatic, and it is almost safe to say from his doings, that he is a religious
bigot of some sort, and is better fitted to perform the part of a wandering dervish than to
sit in judgment where the liberty of one of an opposing creed is at stake.

* * * ********

His object is to procure a conviction by a perversion of the statute, which, as a sworn
judge, he is obliged to interpret according to its true intent, and not to gratify his religious
prejudices and personal malice. We are informed that the Federal officials are acting
wholly without authority or advice from Washington. They are indulging in the pastime
of small men, dressed in a little brief authority, in order to feed vanity, exhibit power and

make a noise.

* * *********

We have it on good authority that some of these conspirators at Salt Lake admit that
they are resorting to foul means, and chuckle over the effects they are going to produce.
This is not the spirit that should actuate men invested with the power of dispensing
impartial justice according to the real meaning of the laws.

This from the Sacramento Reporter:

620 HISTORY OF UTAH.

Chief Justice McKean, in passing sentence upon Thomas Hawkins at Salt Lake on
Saturday, warmly assured him that he was " sorry " for him. If the Utah Jeffreys has
any real friends they are doubtless ''sorry " for him; and their sorrow is not feigned,
however it may be with McKean. Perhaps the latter really is sorry for his victim. He
has reason to be sorry for him. If he will now confess that he is sorry for himself, and
ashamed of himself, we will acknowledge he is not the hardened bigot we believe him to
be. The outrage has now been fully consummated. Its enormity is not lessened by the
professed mental distress of the chief actor, nor by the fact alleged by the New York
Herald that Hawkins will live in history. He will live in history and so will the man
who was at once his persecutor and his judge ; but all tke material has not been prepared
for the historic chapter that will embalm their names. The matter is not as yet a finality.
It is hardly possible that such an arbitrary act of injustice will not be undone. It is
gratifying to know that the best papers in the country of both political creeds, are taking
the correct view of this matter. There is general, severe and deserved censure, from
all quarters, of McKean's conduct. He will not dare to face the storm he has raised.
He will hardly be guilty of taking part in another such transaction as the conviction of
Hawkins. If he shall be prevented from convicting any more men illegally, the discussion
his conduct has provoked will not have been in vain.

But we have not only hope for others who have been singled out for impalement,
but we have hopes for Hawkins himself — and hoping for Hawkins' deliverance is
hoping for the vindication of law, the triumph of justice. He has been convicted
illegally, and that very fact makes his cause that of the entire American people.

Again spoke the Sacramento Union:

If a trial in another shape had been attempted there would have been a chance to
appeal. If the suit with Hawkins had been for one thousand dollars or over, he could
appeal from Judge McKean's court to the Supreme Court of the United States, but the
right to appeal in cases where life and liberty are at stake was taken away by the recon-
struction acts of Congress. The object of McKean and his confederates in ignoring the
Federal laws and bringing action against Hawkins under a Mormon statute, to which the
court could give a false construction, was to convict without a chance to appeal except to
himself and others in league with him. The case would have been entirely different if
an attempt had been made to execute Federal laws, instead of reversing the meaning of a
local law. The province of a judge is to declare a law according to its intent, and not to
torture it, and the course of Judge McKean smacks of the qualities of a Jeffreys, and he
should be condemned for it, and not lauded, as the leatherheads would have him.

The following is from the Boston Banner of Light:

In the Constitution of the United States, it will be admitted, there is not a word
having reference to the marriage relation, arid in the laws of Utah there is not a word that
would justify any judge or any jury in defining polygamy as necessarily involving adultery.
The attempt, therefore, so to define it, is simply a high-handed breach of law and of com-
mon sense, which can only lead to violations of justice that will rather confirm the Mor-

HISTORY OF UTAH. 621

mons in their ways than have the effect which some of the antagonists of polygamy antic-
ipate. Mr. Hawkins is no more an adulterer, because of his polygamy, than were Abra-
ham and those other patriarchs of the Old Testament, whom to stigmatize as the court has
stigmatized Mr. Hawkins, would be pronounced as flat blasphemy by all who believe in
the Bible as the word of God.

There is no evidence that polygamy was prohibited, either under the old dispensation
or the new. Milton has proved this in the most exhaustive manner, in his various treat-
ises on the subject. Luther and his synod declared that there was nothing in the whole
Bible adverse to polygamy or concubinage.

"It is not allowable to argue," says Milton, "from I. Corinthians vii: 2, 'let every man
have his own wife,' that, therefore, none should have more than one ; for the meaning of
the precept is, that every man should have his own wife to himself, not that he should
have but one wife. That bishops and elders should have no more than one wife is
explicitly enjoined, I. Timothy iii : 2, and Titus 6, ' he must be the husband of one wife,'
in order, probably that they may discharge with greater diligence the ecclesiastical duties
which they have undertaken. The command itself, however, is sufficient proof that
polygamy was not forbidden to the rest, and that it was common in the church at that
time."

Dr. Channing, a name reverenced in this part of the country, says, in his article on
Milton, "We believe it to be an indisputable fact, that, although Christianity was first
preached in Asia, which had been from the earliest ages the seat of polygamy, the Apos-
tles never denounced it as a crime, and never required their converts to put away all wives
but one."

" On what grounds," asks Milton, "can a practice be considered dishonorable, which
is prohibited to no one even under the gospel ? Reverence for so many patriarchs, who
were polygamists, will, I trust, deter any from considering polygamy as fornication or
adultery ; for whoremongers and adulterers God will judge, whereas the patriarchs were
the objects of His especial favor as He Himself testifies. If, then, polygamy be marriage,
properly so called, it is also lawful and honorable, according to the same apostle, Hebrews
xiii : 4. Let the rule received among the theologians have the same weight here as in
other cases. The practice of the saints is the best interpretation of the commandments."

We quote the religious argument because it is evident that the judge and jury who
condemn Hawkins rely more upon the common religious 'prejudices for their authority
than they do upon anything in the Constitution of the United States or in the laws
of Utah.

The Albany Law Journal, edited by a gentleman who was well
acquainted with Judge McKean, and who evidently esteemed him per-
sonally, felt compelled by principle to take issue with his official
actions, which it did in the following manner :

The trial of Brigham Young has been postponed for several months, during which his
counsel hope to get a decision of the United States Supreme Court on the question as to
whether the Territorial or Federal laws are to govern in the selection of juries. The

622 HISTORY OF UTAH.

question is, of course, of the first importance, for with a jury composed entirely of Gentiles
there would be little hope for the " prophet."

The remarks of the Chief Justice that " the system of polygamic theocracy would be
tried in the person of Brigham Young," has served, we are told by a correspondent, to
knit together the entire Mormon community, and men and women are offering th«ir con-
tributions to secure counsel to defend their leader and their doctrines. Should the trial
take place it will be one of the casas celebras of the country. The indictment of Young
and the conviction of Hawkins were brought about under a statute against adultery and
lascivious conduct passed by an exclusively Mormon Legislature in 1852. That the
act was intended to cover cases of the kind no one believes, and it may fairly be ques-
tioned whether polygamy can be treated as a crime under it. But it is a question we do
not propose to discuss. We are of the opinion, however, that it would have been
more becoming, considering the decisions already made, for the court to have proceeded
under the statutes of the United States against polygamy.

That Chief Justice McKean is a pure and honest man, we know, having known him
for years before his elevation to the bench, but we know him also to be a man of strong
convictions and unyielding prejudices. These latter qualities he has displayed in his
present position in a manner scarcely becoming the ermine. Justice ought to be severe,
and awful, too, but it ought at the same time to be impartial— to sit calm and unmoved
above the storms of prejudice and passion that rage beneath. His decisions we do not
question, but the language accompanying those decisions has been often so intemperate
and partial as to remind one of those ruder ages when the bench was but a focus where
were gathered and reflected the passions of the people.

The following racy description of the court-room over Faust's
stable at the time of the Hawkins trial is taken from the columns of
the Cincinnatti Commercial, which paper had " a live correspondent "
in Utah at this period :

The Judge on the bench, J. B. McKean, at once cleared his throat and looked over
the bar and the audience. The Judge wore a blue coat and was trim as a bank president.
He sat upon a wooden chair behind a deal table, raised half a foot above the floor ; the
Marshal stood behind a remnant of dry goods box in one corner, and the jury sal upon
two broken settees under a hot stove pipe and behind the stove. They were intelligent,
as usual with juries, and resembled a parcel of baggage smashers warming themselves in
a railroad depot between trains. The bar consisted of what appeared to be a large keno
party keeping tally on a long pine table. When some law books were brought in after a
while, the bar wore that unrecognizable look of religious services about to be performed
before the opening of the game. The audience sat upon six rows of damaged settees,
and a standing party formed the background, over whose heads was seen a great barren,
barn-like area of room in the rear,filled with the debris of some former fair. One chair
on the right of the Judge was deputed to witnesses. The room itself was the second
story of a livery stable, and a polygamous jackass and several unregenerate Lamanite
mules in the stall beneath occasionally interrupted the judge with a bray of delight. The

HISTORY OF UTAH. 623

audience was composed entirely of men, perfectly orderly, and tolerably ragged, and
spitting surprisingly little tobacco juice ; almost all of them Mormons, with a stray miner
mingled in, wearing a revolver on his hip and a paper collar under his long beard.

At the bar table, on one side, sat Baskin and Maxwell, the prosecutors ; the former
frowsy, cool and red-headed, the latter looking as if he had overslept himself for a week
and got up mad. On the opposite side sat Tom Fitch, late member of Congress from
Nevada, a rotund, cosmopolitan young man, with a bright black eye, a piece of red flannel
around his bad cold of a throat, and great quantities of forensic eloquence wrapped away
under his moustache. Behind him was A. Miner, the leading Mormon lawyer, turned a
little gray and thinned down in flesh very much since Judge McKean got on the bench ;
for the Judge uses Miner as the scapegoat for the sins of the bar, and threatens him with
Gamp Douglas and a fine every time he has a toothache. Whenever Miner gets up to
apologize, the Judge makes him sit down, and when he sits down the Judge looks at him
with his resinous black eyes as if he had committed solely and alone the Mountain
Meadow massacre. Miner is the " Smallbones " of the court, and is fed on judicial her-
rings. The other lawyers are all Gentiles, except Hosea Stout and one Snow, of the firm
of Snow and Hoge, a Vermonter. Yonder is a square built man with cropped hair, —
ex-Governor Mann, Fitch's partner ; they divide the leading business here, although resi-
dent only six months, with Hempstead and Kirkpatrick, the former a slow, serious
military officer, and the latter a dark-eyed Kentuckian. Kentuckian also is Marshall, the
Ancient Pistol of the bar, rare and stupendous in speech, and chiefly admired by his
partner, Garter, from Maryland. Nothing is a bereavement to Marshall, however, for as he
frequently reminds the court, " the jurisprudence of the country reaches its perihelion in
the names of Kent, Choate and Marshall, of which latter I am a part." Smith and Earll
and De Wolfe are about the remainder of the Utah bar — a shrewd, clever bevy of pioneer
chaps, some of whom draw large contingent fees from mining suits.

As Miner is the victim of the court, the court in turn is the victim of Baskin,
the prosecuting Attorney pro tern. Baskin comes from Ohio and gets his red-hot temper

from his hair. He is related to have somebody in Ohio, and about six months ago he

scaled the ermine slopes of Judge Hawley, one of the three luminaries of this bench.
But as this notable bench in Utah never consult together, Strickland agreeing with McKean
in everything, and Hawley in nothing, Judge McKean let Baskin out on habeas corpus in
four days, and Baskin disdained to pay his fine. It is Baskin, therefore, who insists, as
Prosecuting Attorney, that the laws of the United States and the courts thereof must be
respected in Utah.*

* The correspondent alludes to a disagreement that took place between Judge Hawley
and Mr. Baskin, in which each gave the other the lie. Mr. Baskin also used further lan-
guage offensive to the Judge, for which the latter fined him $100, and ordered him
imprisoned for ten days. The Judge issued a mittimus, directing the United States Marshal
to take the refractory attorney into custody. At this Baskin became furious, snatched the
paper from Hawley's hands, trampled it on the floor and ordered the Judge from the room,
at the same time expressing the utmost contempt, by words and gestures, for him. Hawley
did not exhibit any haste to leave the apartment, so Baskin seized him by the collar and

624 HISTORY OF UTAH.

As for McKean's two associate Judges, they are off holding District Court at Provo
and Beaver, Hawley harassing some rural justice of the peace with his last printed opinion,
and Strickland playing billiards for drinks, between sessions, with Bill Nye.* But Judge
McKean does not use tobacco nor a billiard cue in any form, his sole recreation is to prac-
tice elocution and parlor suavity in anticipation of his appearance in the United States
Senate from the State of New York. A trim, apprehensive, not unsagacious man, with a
great burning mission to exalt the horn of his favorite denomination upon the ruins of the
Mormon Bishopric, McKean is resolved in advance that everybody is guilty who can
keep awake under Orson Pratt's sermons.

• The same paper, by its Salt Lake correspondent, presented the
following pen portraits of those whom he considered the members of
the anti-Mormon "ring:"'

1. Chief Justice of Utah, J. B. McKean, of New York State; an officer of the
volunteer army during the war, and a prominent Methodist ; formerly, it is said, a
preacher. McKean came here upon a crusade against polygamy, and his fair abilities and
great vanity have carried him through it thus far with about equal flourish and fearless-
ness. He is a wiry, medium-sized man, with a tall, baldish head, gray sidelocks, and
with very black, sallow eyes, at times resinous in color like tar water. He looks, how-
ever, to be in the prime of strength and will ; has never communicated with Brighara
Young personally since he arrived, and is absorbed in the purpose of intimidating the
Mormon Church or break ing it up. His behavior on the bench has been despotic and
extra-judicial to the last degree, and he has also been unfortunate enough to compromise
his reputation by mining speculations which have come before his court, and received
influential consideration there.

2. R. N. Baskin, the author of what is called in Congress the " Cullom Bill," and
at present temporary prosecuting attorney before McKean's court, a lean, lank, rather dirty
and frowsy, red-headed young man, but a lawyer of shrewdness and coolness, and inflamed
against Mormonism. He said in a speech before McKean last Friday that if Joseph Smith
had been a eunuch he would never have received the revelation on polygamy. To this
the Mormons retort that Baskin is married to a woman for whom he procured a di voice
from a former husband, etc.

3. George R. Maxwell, an ex-officer from Michigan, with a game leg, a strong,
dissipated face, and registrar of the land office here; an indomitable man, but accused of
corruption, and a chronic runner for Congress against delegate W. H. Hooper ; thinks
Congress is a vile body because it will not put Hooper out of Congress for his creed, as
promptly as Judge McKean would put him off a jury.

proceeded to drag him out, at the same time threatening, in vulgar parlance, that he
would kick a portion of his anatomy down stairs. At this point the Marshal interfered
and took charge of the irate lawyer.

* The now famous humorist was in Utah during this eventful period as a correspon-
dent for several journals.

HISTORY OF UTAH. 625

4. J. P. Taggart, United States Assessor ; a person who was bitten by a dog some
lime ago, and charged the bite to Mormon assassins. Imperfect, indeed doubtful record
in the army as surgeon, and chiefly potential as a gadder and street gossip against
the Saints.

5. O. J. Hollister, United States Collector ; uninteresting man, who married the
half-sister of the Vice-President, and although a determined anti-Mormon, does not agree
with several of the ring ; the same is the case with several others, all want to be boss.
Hollister deluges the Eastern press from Chicago to New York with letters of locums
picked up at hearsay, and hardly reliable enough for a comic paper.

6. Dennis J. Toohy, editor and late partner with Hollister in the Corinne Reporter ;
an Irishman witty and abusive, and incapable of working in harness. The ring tactics
have generally been to combine the Godbeites and the Gentiles in a liberal or anti-Brigham
party, but at a meeting of the two sets some time ago Toohy denounced polygamy so
violently that Godbe and Eli B. Kelsey, apostates but polygamists, rose up and resented it.

7. Frank Kenyon, proprietor of the Review, a paper which has superseded the
Salt Lake Tribune in irritating the Mormons ; a Montana man, and with so little forti-
tude that when the indictment of Brigham was proposed, he sent his domestic treasures
to San Francisco.

8. C. M. Hawley, associate justice with McKean, but not servile like 0. F. Strick-
land, the other judge. Hawley bores people on the streets by reading his long opinions to
them. He nearly made 0. P. Morton a polygamist lately by relating to him opinions the
other way.

8J. C. M. Hawley, Jr. son of the aforesaid, a weakish, fop-whiskered, insubstantial
young man, who stood challenger at the polls in Salt Lake recently, with too many horns
" into" him, and was arrested by the city police and confined two hours ; he now has a
suit against the corporation for twenty-five thousand dollars damage, and one of the usual
juries may award it.

9. Geo. A. Black, Secretary of the Territory, author of the proclamation against the
Fourth of July here.

10. Geo. L. Woods, of Oregon, the governor; a gristly large man, of little mental
" heft." Woods refused to let the Mormon militia celebrate the Fourth of July last year,
and ordered, through Black, Gen. De Trobriand to turn out his regular army garrison and
fire on the Nauvoo Legion if they disobeyed. De Trobriand, who has a contempt for the
Gentile ring, like all the regular army officers, answered : " If I do this thing there is to
be no confusion nor debate about it upon the actual field. I shall parade my troops down
to the Mormon line; the first order will be my military rule, ' Present arms !' The
second order, in proper succession, will be, ' Fire!' This order you must give." Woods
refused to take the responsibility, and threatened to make General Grant remove De
Trobriand. The latter told Woods to go to the devil, and said it was an outrage, anyway,
to forbid the Mormons to celebrate the Fourth, as they had been doing for twenty years.
De Trobriand was removed as soon as Dr. Newman, the Methodist preacher, could see
Grant, and Gen. Morrow was ordered here. *

* General De Trobriand was transferred to Fort Steele, Wyoming, in October, 1871.

44-VOL. 2.

626 HISTORY OF UTAH.

This is about all the ring, except Strickland, a Michigander on the bench, Win.
Appleby, the register in bankruptcy, and R. H. Robertson, Strickland's law partner,
seeking practice under the protection of the courts.

These people represent the average character of the Territorial officers, political
adventurers for the most part, paid the low stipends allowed in the wisdom of the Federal
Government and possessing in common only an intense feeling begotten of conviction and
interest against every feature of the Mormon Church. Polygamy is the objective feature,
but the city and Territory completely out of debt and both with plethoric treasuries, the
great co-operative store paying two per cent, a month and yet unincorporated, and the
value of Salt Lake City property, for which a title has never yet been given, appear to offer
wonderful opportunities for plunder in case an outbreak can be devised.
* * *********

The court has given moral support to unlicensed liquor dealers, and encouraged them

to resist paying the hitherto almost prohibitory rates of license.

***********

Prostitution taking encouragement from these cases has quadrupled in Salt Lake,
every bagnio being composed of Gentile women. A day or two ago a street walker was
arrested for drunkenness and swearing, but some of her friends, the poker-players at the
Wasatch Club, prompted her to sue the city for ten thousand dollars.

In short, the office-holders' ring, led by the United Stales court and supported by the
liquor and land interests, and all who want to throw off city taxation, is engaged in an
unequal grapple with the municipal corporation. The east is liberally supplied with
inflammatory correspondence charging mutiny upon the Mormons, in spite of the fact that
Brigham Young has submitted to arrest and appeared, unattended, in court. The garrison
has been increased to about 1,200 men, unwilling allies of the ring. A large amount of
capital invested in the rich argentiferous galena mines has been diverted to Nevada, Idaho
and Montana, and other foreign capital, apprehensive of a war, has declined to come here.
Brigham Young, with whom the United States has dealt upon terms of encouragement in
a hundred ways while as much of a polygamist as now — using him to build telegraph
and railways, to furnish supplies, to repress Indians and carry mails — and which appointed
him first governor of Utah and continued him in the place for seven years — this old man
of seventy years of age is suddenly admonished that he is a criminal, and put on trial for
offenses committed twenty years ago.

Regarding the local land question and other topics, the Com-
mercial's correspondent interviewed the Mayor of Salt Lake City.
The following is a portion of their conversation:

Mayor Wells: — 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.

HISTORY OF UTAH. 627

Correspondent: — How much do you claim as the proper area of Salt Lake City,
General Wells ?

Mayor Wells: — About five thousand seven hundred acres, sufficient to give us water
front on the Jordan and control of the irrigating reservoirs. We had laid out the city
with an eye to coolness, breathing valves, wide streets and plats for recreation. The law
is general upon the subject of municipal sites. It gives three hundred and twenty acres
to every one hundred people in a town ; a town of five thousand people receives four sec-
tions of the public lands. Salt Lake had grown so far beyond all precedents that we had
to get a special relief bill passed, applying to our city, and we took a census for the pur-
pose. The land office at Washington recommended and Congress promptly passed the
special bill, under the terms of which we added to our original chart other essential bits
of ground. What I wish to make plain to you is this : the nasty pretexts on which we
are retarded in the matter of our entry !

Correspondent: — Give me the names of all the claims which Maxwell has enter-
tained 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 sport-
ing man here. He jumped the Warm Springs property, our public bath houses on the
outskirts of the town, with eighty acres of environing land, although 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 embar-
rassed 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 Wash-
ington authorities behave. The Commissioner of the Land Office decided without hesita-
tion 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 Dougias, and when he undertook to keep a
rum shop on it, in violation of law, we ejected him. He was then abetted by this Max-
well, in a bare-faced attempt to claim it and enter it; but Maxwell's decision was reversed
by the heads of department at Washington.

The other two claims are even more preposterous, yet they are received and consid-
ered, 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 pre-emption 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 eighty 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 impudent 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 under.

Correspondent: — What should I suggest, General Wells?

628 HISTORY OF UTAH.

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 reproduction 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.

Here, [said the Correspondent,] General Wells left me and went over to the City
Hall, returning in a few minutes with copies of the Land Office decisions in the two
cases decided, signed by Willis Drummond and affirmed by the Secretary of the Interior.
These decisions state that parties taking up land in the environs of town sites like Salt
Lake City must take the risk of the lands falling within the town site, and that where
churches, school-houses, public buildings and places of trade and commerce are established
in the form of a town, the land is already selected and held in reserve under the act and
can not be infringed upon.

Mayor Wells: — We have no complaint to make of Congress or the Land Office in
respect to our right under the act. They have treated us well.

Correspondent: — As Mayor of the city, General Wells, do you meet with similar
troubles in yoi'r municipal relations with the Federal Courts?

Mayor Wells: — Yes; in the estimation of the Chief Justice of that court there is but
one crime in the world and that is polygamy. There is but one set of criminals and
they are Mormons. He has mustered around him all the other vices, and adopted them
as allies to move upon our one offense. Rum, prostitution, rapacity, incivility — these are
the adherents of the Supreme Court of Utah in its holy war upon our marriage relation.
The court entertains every complaint made against us. It gives Godbe an injunction for-
bidding us to sue him as a corporation and a score of unlicensed liquor dealers seem
emboldened to defy us. The liquor-sellers have now, I am told, by the advice of the
satellites of the court, raised a fund to sue the city when we interfere with them. The
prostitutes newly landed among us rise up in that court to assail our ordinances. The
court entertains every complaint, and those too preposterous to treat with seriousness it
puts in its pocket and staves off, while crime takes advantage of the interregnum. Our
Alderman's courts have been delegalized, and we are told by McKean that a Legislature
has no right to bestow discretionary powers on a jury or a civic corporation. In short,
Mr. Correspondent, there is an end in Utah to any equity before the laiv. The end of the
law is to reach polygamy. All are hailed as friends of the Government, however notor-
ious, who will leave the great and decent body of the Gentiles and persecute us. Our
Probate Courts are declared to have no power to grant divorces, and yet Mr. Baskin, the
United States Prosecuting Attorney, is married to a woman divorced by a Probate Court.
But, then, we are Mormons! Finally professional murderers like Bill Hickman are per-
mitted to give themselves up by collusion with the courts, and affect to turn stale's
evidence against us to prejudice us in the eyes of civilization.

Another passage from the same writer's correspondence and we
will then resume the course of our regular narrative :

The present movement against Brigham Young at one time comprised a large portion
of the Gentile and apostate population here, but nearly all these have fallen away, and the

HISTORY OF UTAH. 629

ring is nearly left alone, with scarcely enough citizen material to get sufficient juries
from it. The mines are ransacked to find people partial or ignorant enough to
find verdicts according to the chargings of the court, and now the only reply the ring
makes to the allegation that they are without followers, is that the timid property
holders have fallen away from them. The ring people, however, possess no property
unless "jumped" or prospective, and several of them are merely waiting for the spoils'
of violence.

Bishop Tuttle, the Episcopal functionary here, to whom Brigham Young gave a
liberal subscription for the Episcopal chapel, as he gave $500 to the new Catholic Church,
is said to deprecate the precipitate action of the court, as does Father Walsh, the priest.
Dr. Fuller, ex-Republican acting-Governor here, ex-Secretary and Governor S. A. Mann,
Major Hempstead, District-Attorney here for eight years, and even General Connor, an old
enemy of Brigham Young, express contempt for these sensational court processes.
Connor has just written a letter to Hempstead, saying that this action was altogether
unfortunate as a repressory measure. The late Chief Justice, Charles C. Wilson, is even
more pronounced in his condemnation of the Court. I. C. Bateman and D. E. Buell, as
well as the Walkers, the latter the leading merchants of Salt Lake apostates, and the
former two great mining capitalists, are said to be of the same mind. Joseph Gordon,
late Secretary to Governor Latham, calls the Court hard names. The large law firms are
nearly all in like attitude. Eveiy Representative and Senator west of the Rocky
Mountains, including Cole, Williams, Corbett, Nye, Stewart, Sargent, and other Repub-
licans, stand opposed to any measure which shall sacrifice Utah to blind bigotry without
statesmanship. Mrs. Lippincott (Grace Greenwood), who is here, agrees with us in our
mutual dislike of polygamy and of these "hot gospelers" and "notoriety hunters," who
will not let it die ignobly, but must irritate it to renewed existence.

The first grist of indictments ground out by the grand juries
of the Third District Court having been successfully unloaded upon
the shoulders of the Mormon leaders, another lot of trumped-up
processes, the product of the same mills, was now foisted upon the
patience of the public and the pre-ordained victims of the anti-
Mormon conspiracy. Some of these were the same parties who had
already been indicted for "lewd and lascivious cohabitation," other-
wise plural marriage, and whose cases were now pending in court.
One of them was Daniel H. Wells, Mayor of Salt Lake City and a
member of the First Presidency of the Mormon Church, who, on the
afternoon of Saturday, October 28th — the same day upon which
Thomas Hawkins received his sentence — was arrested by the United
States Marshal under an indictment charging him with the crime of
murder. Shortly afterwards Hon. Hosea Stout was arrested on a

630 HISTORY OF UTAH.

similar charge, as was also General William H. Kimball. President
Brigham Young had likewise been indicted for murder, but was not
arrested at this time as he was absent from home, having started a
few days previously upon his usual autumn and winter visit to
Southern Utah.

These indictments had all been found upon the testimony of a
man who, according to his own confession, was a red-handed and
multifarious murderer. He had once been a Mormon, but had long
since been severed from the Church, and was now in collusion with
the crusading officials to bring trouble upon his former brethren,
who had ostracized him for his crimes. Mr. Fitch, in drawing a pen
portrait of this man, styled him "one of the most remarkable
scoundrels that any age has produced, a man known to infamy as
William Hickman, a human butcher, by the side of whom all male-
factors of history are angels; a creature who, according to his own
published statement, is a camp follower without enthusiasm, a bravo
without passion, a murderer without motive, an assassin without
hatred."

The Chicago Post, after the news of these indictments had gone
abroad, having expressed itself to the effect that it would like to see
Brigham Young and other Mormons "receive their just deserts,"
added : " It would be a little too farcical to convict and punish them
for murder on the testimony of that notorious assassin and cut-
throat, Bill Hickman. To take the evidence of the principal against
an accessory is something never heard of in any respectable court."

The Reese River Reveille, upon the same subject, said : "Surely
no intelligent and honest jury would attach any importance to the
testimony of such a man." Other non-Mormon journals uttered
similar sentiments regard, rg these vexatious proceedings against the
Mormon leaders and their friends.

President Young, Mayor Wells, Hosea Stout, Joseph A. Young
and two or three others were accused by Hickman of being
accessory to the murder of one Richard Yates, at the mouth of Echo
Canyon on the 15th of November, 1857. This, it will be remem-

HISTORY OF UTAH. 631

bered, was during the period of the "Buchanan War." Hickman
admitted that he himself had done the killing, but claimed that he
was acting under the direction of others. According to the book
entitled "The Confession of Bill Hickman," written by -himself in
1871, but revised and edited by the notorious dime-novel romancer,
J. H. Beadle, and published in 1872, the Yates crime occurred in this
manner. Richard Yates was a trader on Green River. About the
beginning of the Echo Canyon trouble he was taken prisoner by the
Mormons as a spy. His capture occurred at or near Fort Bridger,
while that post was yet in the hands of the Utah militia; Colonel
Alexander, with the main body of the invading expedition, being
encamped on Ham's Fork, and General Johnston, his superior
officer, not yet having overtaken his command. Hickman and three
others, having Yates in custody, started from Fort Bridger for Salt
Lake City. Half way down Echo Canyon they met General Wells,
who, it is alleged, remarked that Yates ought to be killed. Farther
on down the canyon Joseph A. Young was encountered, who, accord-
ing to Hickman, informed him that his father, President Young,
wanted Yates killed. Reaching Colonel Jones' camp on the Weber,
that officer, it is charged, told Hickman that he had received orders
to have Yates killed. Here the story as to "orders" and suggestions
for the killing ends; the narrator evidently not deeming it necessary
to introduce any more messengers upon the scene with instructions
relative to the murder of the prisoner. In the night, while Yates
was asleep, Hickman brained him with an axe and he was then
buried in his blankets where he lay ; the murderer first taking care to
possess himself of his victim's money — nine hundred dollars in
gold. Hosea Stout, in ^Beadle's pictorial illustration accompanying
the narrative, is represented as holding a lantern while Hickman
uses the axe, and underneath are the words: "Hickman killing
Yates by order of Brigham Young — Hosea Stout holding the
lantern." The author of the narrative says nothing at all about a
lantern, though he mentions Hosea Stout as being among a select
few who witnessed the homicide. The crime, according to Hickman,

632 HISTORY OF UTAH.

was committed near a camp-fire, and the murdered man's grave was
dug by the light of it. The lantern idea was evidently a second
thought — probably one of Mr. Beadle's own interpolations, he think-
ing perhaps that more light was needed upon a subject so dark to
everybody but himself and Mr. Hickman. His right to illustrate the
romance in any manner that he and his partner thought proper, we
do not question. We only wonder that an experienced writer like
himself did not take a little more pains and make his own represen-
tation and that of his brother novelist agree. The rest of the story
is to the effect that Hickman carried the murdered man's money to
Salt Lake City and presented it to Governor Young, who told him
to give the sack containing it to his clerk. Hickman conveniently
forgets who the clerk was, nor does Mr. Beadle come to his relief
with a pictorial presentation to refresh his memory. "The money
was counted and we left" — that is, Hickman and his companion,
John Flack, who had all the Mormonism "knocked out of him"
right then and there, because Governor Young refused to give them
any portion of the nine hundred dollars, but told them that "it
must go toward defraying the expenses of the war." Such was the
substance of the tale that had caused the Grand Jury of the Third
District Court, in September, 1871, fourteen years after the
alleged commission of the crime, to indict President Young, Mayor
Wells, Joseph A. Young and Hosea Stout for murder.

That they were guilty of the charge Judge McKean and his con-
federates would fain have had the world believe, in spite of their
pleas of innocence, their well known uprightness of character, and
their honorable and useful careers, as high above the life and habits
of the miserable crime-stained wretch who was induced to play the
part of their accuser, as heaven is above hades. It is an established
fact, as already shown, that the militia who took part in the Echo
Canyon war were under positive orders from General Wells and his
superiors to "shed no blood," to "take no life," and that for political
no less than humanitarian reasons it was a bloodless campaign
that had been resolved upon by the Mormon leaders before a single

HISTORY OF UTAH. 633

scout or ranger was ordered to the front. That they would contra-
vene their own policy at the very outset of the campaign, is
unreasonable to suppose; that they were capable of such a crime as
the one alleged, either as principals or accessories, no one but a
pronounced Mormon-hater, ready to lend a willing ear to anything
uttered against a maligned and unpopular people, would believe.
Judge McKean and others may have accepted Hickman's story as
true; they were among the Mormon-haters to whom we refer; but if
they did their credulity did more credit to their simplicity than to
their sober judgment.

That a man named Yates was murdered at the mouth of Echo
Canyon at or about the time specified, and that the murderer was
William A. Hickman, is more than probable ; in fact it could not
very well be doubted in view of the murderer's own confession.
But that he and a chosen accomplice or two, of his own ilk, were all
that knew of or sanctioned it, and that he did it in order to obtain
his victim's money, i? doubtless the sum and substance of the whole
matter. Hickman is known to have committed similar crimes with
the same object in view.

After a lapse of fourteen years, during much of which period
he lived apart from his kind, despised and dreaded for the many
dark deeds that he was suspected or known to have perpetrated, the
notorious and self-confessed thief and assassin found it to his
advantage to take part in the crusade inaugurated against the
Mormon leaders. His motive was revenge, a fact clearly shown by
a perusal of his so-called "Confession." They had ostracized him
and cast him out of the Church and it was his only chance to "get
even with them." His testifying against them was clearly an act of
retaliation. That he was promised immunity for his crimes — for
which he had long been evading arrest — if he would implicate in a
confession the heads of the Mormon Church, is evident to all who
read between the lines of the sensational Hickman-Beadle publica-
tion; and this, notwithstanding the weak attempt at a denial, in
advance of the accusation, made by the author or authors of the

634 HISTORY OF UTAH.

tale. The following is an extract from that precious piece
mingled fact and fiction :

During this winter [1870-71] I got word often of Deputy Marshal S. H. Gilson
seeking to see me. When I learned that, I did not think it policy to see him, as I had
been informed he was one of the Deputies of M. T. Patrick, United States Marshal, and
could not understand why he wanted to see me, unless it was to arrest me. So I
declined to see him. He seemed determined, and called upon my son George and told
him that if I would consent to see him he would go to any point I might direct without
arms-, and meet me and my friends armed. This seemed to me fair enough, and I
concluded to see him without delay, and told my son to inform him of the fact. He did
so and on the 15th of April, 1871, I repaired to his herd house, in Ferner Valley, sixteen
miles west of Nephi, where his brother had a large band of horses.

Not being entirely satisfied about his intentions, I kept my arms in readiness for
immediate use if any treachery was intended on his part. I found him in the cabin,
about to sit down to his dinner. He arose and came towards me with extended hands,
saying, " How do you do? Sit down and partake of such as we have." I became assured
in a moment that he did not want to arrest me, and I sat down and partook of his fare.
After dinner we took a stroll, and then I found the reason why he had sent for me. He
informed me he was a detective whose purpose it was ^to find out the real criminals of
Utah, that he had been in the work for about eighteen months, and had learned much,
and had found out how I had been treated in this country, and that I could give the key-
note to all the villainous transactions. He said he could not give me any hope of pardon
for the many crimes in which I had participated, further than that he believed, if I made
a clean breast of it, it would be greatly in my favor. I informed him that I had long
wished for the time to come that I might unbosom myself where it would do some
good ; and I had confidence in him more than any other man that had ever talked to
me on the subject.

1 asked him whom he was relying on to put the thing through? He told me that R
N. Baskin was the man. This satisfied me, as I knew that Baskin was a man that did
not know the word fail, at least would never give up beaten while there was a chance of
success. I found Gilson to be a man that had had much experience in his life in lr
and was well posted on the crimes of Utah. He was conversant on the most prominenl
cases and held the correct theory, that the leaders of the Church were the guilty party, and
not the laymen. He conversed about many cases with which I was connected, and finally
elected the case of Yates as the one on which we could with the greatest safety rely for
prosecuting Brigham Young. I then gave him a full statement of the case and the names
of the witnesses that would make the circumstances complete.
* *###***# *

I then told him whenever I was wanted, to come for me and I would submit, and
make full statements of facts as they were. On the last of September he came and
arrested me and another man by the name of Flack. We were then taken before Chief
Justice McKean for examination, which we waived, and were sent to Camp Douglas forsafe

HISTORY OF UTAH. 635

keeping. After we had been there some two weeks we were taken before the grand jury,
and I made a full statement of all the crimes committed in this Territory that I knew of
—as I have related them in this history — which statement, together with that of Flack's
and others, caused the grand jury to find indictments against several persons, and it has
caused many threats to be made on me.

It was at Camp Douglas, according to Hickman, while awaiting
his trial for the murder of Yates, that he wrote the "Confession,"
which Mr. Beadle afterwards published. The words "how I had
been treated in this country" — italicized by the present writer in the
foregoing extract — plainly show the outcast murderer's motive, or
one of his motives, in attempting to shift the burden of his own
blood-guiltiness io other and innocent shoulders. That a man
like William A. Hickman, so fearful of arrest and punishment that
he led the life of a mountain rover, and so suspicious of treachery
that he "kept his arms in readiness for immediate use" while con-
versing with a representative of the law, would have surrendered
himself to its officers without something more substantial in the
shape of a promise of immunity for his misdeeds than that repre-
sented to have been made by Deputy Marshal Gilson, is most
improbable. Mr. Gilson may not have made him any promise of
immunity, — we have never heard it alleged that he did, and certainly
he would have had no right to do so unless authorized by his
superiors; but that such a promise was given to the outlaw, on
condition that he would "make a clean breast of it " and accuse the
Mormon leaders, already pre-judged and condemned by the so-called
" correct theory" as to their responsibility for "the most prominent
cases " of crime in Utah, is reasonably certain. Hickman doubtless
did as he was desired from a motive partly mercenary, partly out of
revenge for the manner in which he "had been treated," and finally
from a wish to be legally relieved of the danger of future prose-
cution.

What grudges, if any, he bore to such men as Hosea Stout,
Joseph A. Young and Colonel N. V. Jones, whom he implicated in
the Yates murder, does not appear. He may have used their names
merely to give a show of credence to his narrative ; it being well

636 HISTORY OF UTAH.

known that they were in or about Echo Canyon at the time inc
cated. If his motive was revenge las to them, it doubtless sprang
from some such circumstance as that in the case of William H. Kim-
ball, the facts concerning which we will let that gentleman himself
narrate. First be it known that this defendant was charged by
Hickman with being an accessory to the imurder of a man named
Buck near the Hot Springs, north of Salt Lake City, during the
winter of 1857-8. Hickman states that he and a man named
Meacham killed Buck, but that George Grant and William H. Kimball
brought him the word from President Young to "put the man out
of the way." Upon this statement William H. Kimball and Presi-
dent Young were jointly indicted by the Grand Jury for murder.

"Bill Hickman's reason for implicating me in a charge of
murder," — said William H. Kimball to the author, — " according to
his own admission made to me at Camp Douglas, was this. In the
year 1858, after the close of the Echo Canyon war, I secured a gov-
ernment contract to carry freight between Camp Floyd and Salt Lake
City. At the Point of the Mountain, south, on a cold, stormy night
in autumn, one of my wagons was plundered by a gang of thieves,
while the teamsters, at the request of a Mr. Robert Hertford, who
lived near the Point, had taken refuge in his house from the inclem-
ency of the weather. Among the articles stolen was a case of
officers' cavalry boots, something new to the country, and of a style
to render them conspicuous wherever seen. Some time afterwards I
saw Bill Hickman and a number of his friends — who were known to
be thieves — wearing several pairs of those identical boots, and about
the same time Moroni Clawson and others — a gang of like character
— came in sight also wearing some of them. After consulting with
my partners, the Perry brothers, I decided not to prosecute the
thieves, who were numerous and would have made my freight trains
pay dearly for it in the future, had I taken any steps against them.
Taccordingly said nothing at that time but let the matter drop. One
day I chanced to be in Gilbert and Gerrish's store, when Bill Hick-
man entered. He was quite sociable and asked me to take a drink

HISTORY OF UTAH. 637

with him. I refused, for the very sight of the man and the memory
of what he had done made me angry. " No," said I, " not with a
low-lived thief and murderer." [He reached for his pistol and
threatened my life. I was unarmed but told him to shoot. He then
put back his weapon, and Mr. Gilbert ordered him to leave the store.
As he passed out he told me that he would settle the account with
me yet. I never met him to speak with him from that time until we
were both on parole at Camp Douglas in the fall and winter of
1871-2. One day he sent word that he would like to have a private
talk with me. I replied by the messenger that Bill Hickman could
not see me in private, but that I would meet him at any time in the
presence of one or more officers of the post. He did not press the
matter, but a few days later I met him face to face on the parade
ground and offered to have the interview take place there. He
slunk away, however, and would not talk. Some time later we met
when there were two of the sentinels present and I then proposed
that we have our conversation in their hearing. He agreed to that
and I began by asking him what I was there a prisoner for ? He
asked me if I had seen his book. I told him that I had not seen it,
nor had I heard anything of what it contained. I subsequently
learned that it ;was not then published, though the manuscript had
passed out of his hands. He informed me of the nature of its con-
tents, and of what he had said about me, both in the book and in
his testimony before the Grand Jury. I asked him if he did not
know that he was lying when he said it. He answered ' My book is
a lie from beginning to end, — from the boar fight through.' By
' boar fight,' he had reference to the first story told in the book, in
which he is represented as killing, while a boy in Missouri, a wild
boar— his first deed of daring. Said he : ' Do you remember when I
asked you to drink with me in Gilbert and Gerrish's store, and you
called me a murderer and a thief? ' I told him that I remembered it
and also his threat to get even with me. ' Well,' said he, ' I kept my
word. You were right ; I robbed your train ; but I swore to have
revenge for your harsh treatment of me. But I'm sorry now that I

638 HISTORY OF UTAH.

did it, and that's what I wanted to say to you. I was bribed to write
that book ; I was told that I could make fifty thousand dollars out of
it, and that is why I did it."

The foregoing account, recorded in the author's memory as it
fell from the lips of Mr. Kimball on the 15th of November, 1892,
was read to him a few days before it was published, and he pro-
nounced it correct in every particular.

Immediately after the arrest of Mayor Wells, on Saturday,
October 28th, 1871, he went before the District Court, which was
just about closing its afternoon session, and made application by his
counsel, Mr. Fitch, to be liberated on bail. Judge McKean replied
that it was too late to consider the question then, but that he would
hear the application on Monday at 10 a. m. The same order was
made in the case of Hosea Stout, who was subsequently brought in
under arrest by the U. S. Marshal. The prisoners were consequently
retained in custody. William H. Kimball, though arrested the same
afternoon, was not taken before the court. The three were conveyed
that evening to Gamp Douglas, where they spent the Sabbath, and
were well and kindly cared for by General Morrow, the commander
of the post, who treated them with every courtesy and consideration.
How that officer viewed the proceedings instituted against the
gentlemen who were now his guests — for guests rather than
prisoners they were — is indicated by the fact that the "prison" pro-
vided for them was in the officer's quarters, that officer's rations
were issued to them, and that they were given the parole of the
Camp. Moreover, General Morrow had them sit down to dinner
with him upon the Sabbath, at his own family board, on which
occasion he requested the venerable Mayor of Salt Lake City to ask
a blessing upon the food. This act was quite in keeping with the
character and conduct of General Morrow, whom the writer knew
personally to be a big-hearted, broad-souled man, a gentleman in
the true sense of the term.*

* An incident illustrative of this fact occurred in the writer's own experience. Dur-
ing the winter of 1871-2 I was in the employ of Z. C. M. I., whose Superintendent,

HISTORY OF UTAH. 639

Monday morning, October 30th, the prisoners were brought to
the city and taken before the District Court. Prior to their arrival,
the hearing upon their application for a writ of habeas corpus, with a
view to securing their liberation on bail, had begun. Major Hemp-
stead and Mr. Fitch appeared for the accused, and Messrs. Baskin
and Maxwell for the people.

The District Attorney took the ground that the court had not
the right to admit to bail in this case, the indictment being for
murder in the first degree.

Major Hempstead contended that the court did have that right.
He claimed that the Grand Jury had erred in returning an indict-
ment for murder in the first degree, a declaration as to the degree of
the offense being properly the province of the petit jury, and that it
was within the discretion of the court to admit to bail in capital
cases except where the evidence of guilt was clear and the pre-
sumption strong. He showed that the principal witness in this case
was one of the parties charged in the indictment, guilty, according
to his own confession, of a blood-thirsty and diabolical crime, and

General H. B. Clawson, wishing to present General Morrow and his fellow officers with
"the compliments of the season," sent to them on Christmas eve a number of fat turkeys
and several baskets of champagne. I was entrusted with their delivery. It was a bitter
cold night, but we, myself and a driver, set out, and in due season the express wagon
arrived at the Fort. By this time we were nearly frozen. The subordinate officers —
captains, lieutenants, and the like — received their presents first, but not one of them,
though apparently pleased with the gift, said " thank you," or invited us in out of the
cold. How different the reception at the house of General Morrow, their commander!
" By g — d, boys," was the hearty salutation of the bluff, kind-hearted old soldier, as " the
boys" made known to him their errand, "you shouldn't have come up here this cold
night ; come in and warm yourselves." We gladly obeyed, and the General forthwith
placed at our disposal everything that his larder and side-board afforded. I am not sure
but that he insisted upon our staying all night. At any rate it was not until we were
thoroughly warmed and filled and fortified with coffee and cognac against the frosty
weather, that he permitted us to again brave the cold and return to the city.

Mr. Kimball states that General Morrow advised him to keep strict account of his
time spent at Gamp, with all losses sustained by reason of his confinement, with a view
to prosecuting the United States Marshal for false imprisonment, and that so fearful was
Marshal Patrick that legal steps would be taken against him, that he went to Omaha and
put all his property out of his hands in order to evade the possibility of such proceedings.

640

HISTORY OF UTAH.

that the defendants, one of whom was the Mayor of Salt Lake City,
though apprised by common rumor for a month past of the finding
of the indictment, had made no attempt to -escape or to evade arrest

Messrs. Maxwell and Baskin followed, each in turn combatting
the argument of Mr. Hempstead, and strongly opposing the grantir
of bail to the prisoners.

Mr. Fitch, who had prepared an elaborate plea, was just aboi
to close the argument in behalf of the defendants, when Judge
McKean spoke as follows:

" Without intending to have it regarded as a precedent in anj
other case, I will hold that I have power to issue a habeas corpus anc
bring these prisoners before me, and as they have come in, being
brought here by an officer during the progress of the argument,
will regard them as being here on the return of a writ of kabe
corpus. I will therefore say further, that although I was well awar
before* this argument, that in Great Britain and in the United State
a prisoner charged by indictment with a capital offense is almos
never admitted to bail, still I was willing to be convinced that in this
case it would be right to depart from the almost universal rule. Not
only willing but anxious to be so convinced; nay, more, I have tried
to convince myself by arguments, In addition to those of counsel,
that it would be right and expedient to do so in this case.

" In the case of the People against Daniel H. Wells, his counsel
properly say that the defendant is the Mayor of the city and is at
the head of the police force. Carnp Douglas, the place where pris-
oners awaiting trial in this court are usually detained, is some miles
distant from the City Hall, and from the residence of the Mayor. In
that camp it would be practically impossible for the Mayor to attend
to any of the duties of his office, and therefore he could not be held
responsible for the quietude and good order of the city. I will there-
fore admit him to bail. In the case of the People against Stout I
will further consider the application and the arguments, and will
reach and announce my conclusions hereafter."

No sooner had Judge McKean announced his purpose of admit-

HISTORY OF UTAH. 641

ting Mayor Wells to bail, than he was interrupted by a burst of
applause from the spectators in the court room. The decision, so
unlike most of the recent rulings of the Chief Justice, surprised
everybody, and yet all or nearly all the citizens, Gentiles as well as
Mormons, approved of, and recognized the cogency of the reason
that prompted it. Of course there were some — vindictive and mali-
cious enemies of the prisoners — who dissented from and criticised
the action of the court. But they were in the small minority.
Among them were the District Attorney, Mr. Baskin, and his assis-
tant, Mr. Maxwell, who took little or no pains to hide their anger
and chagrin at the unexpected turn affairs had taken. The applica-
tion for a writ of habeas corpus, with a view to securing the release of
the prisoners on bail, had been made, it appears, at the suggestion of
Mayor Wells himself, who persuaded Mr. Fitch, against the latter's
own judgment — he having no faith that the court would grant the
request — to make the application. The outcome, therefore, was in
the nature of a triumph, not only for the Mayor's sagacity, but for
his supreme trust in Providence, which he believed inspired him to
make the suggestion to his attorney.

The counsel for Mayor Wells now asked the Judge to fix the
amount of bail in his case. Mr. Maxwell requested, nay demanded,
in a rude and semi-savage manner, that it be placed at half a million
dollars. " No," said Judge McKean, " the defendant may give bail
with two sureties in the sum of fifty thousand dollars." The Dis-
trict Attorney and his assistant could not conceal their vexation.
Said Mr. Baskin, biting his lip with suppressed anger : " If it should
be found that the court has not power to grant bail in such cases, it
seems to me, your honor, that the form of giving bail will be worth-
less, as it will not bind the prisoner if the court has not the
authority to grant it." Judge McKean, however, maintained his
position, stating that he had taken all things into consideration, and
would not allow his present ruling to be cited as a precedent in any
other case. Messrs. Baskin and Maxwell in disgust then quitted the
court room. The bond, being prepared and signed, was duly

45-VOL. 2.

642 HISTORY OF UTAH.

accepted, and the Mayor of Salt Lake City walked forth compara-
tively a free man.

Next day Judge McKean stated in open court that for what he
considered good and sufficient reasons Mayor Wells had been
admitted to bail, but that he did not deem it advisable to grant the
same privilege to the defendants, Hosea Stout and William H. Kim-
ball. Those gentlemen were, therefore, detained in custody, pending
further proceedings in their cases.* The court then adjourned until
the 13th of November. On that day the Supreme Court of the Ter-
ritory held a session and affirmed the decision of the District Court in
the Englebrecht case, Chief Justice McKean voicing the opinion. The
case was then appealed to the Supreme Court of the United States.

Meantime President Young, over whose devoted head several
indictments for murder, based upon the allegations of " Bill " Hick-
man, were hanging, was still absent in Southern Utah. With the
understanding that his case would not be called up until the March
term of court, and acting upon the advice of his attorneys, he had
taken his usual autumn trip to St. George, there to spend the winter,
his delicate health at this time particularly requiring the change of
climate to be found in sunny " Dixie." His attorneys had given the
advice in all good faith, having received the impression from Judge
McKean, at the time when further consideration of the case was
postponed, that it would not be called up before spring.f On the

* William H. Kimball states that the public prosecutor refused the offer of heavy
bail made by his friends to secure his liberation, saying : " Fifteen minutes' testimony
corroborating Hickrnan's statement against Brigham Young will release Mr. Kimball, but
money never will." He also declares that certain parties interested in the Hickman-
Beadle publication offered him money if he would leave the country at the time of these
prosecutions.

f The Judge's language on that occasion was as follows : " It is right that there
should be ample time to prepare, but counsel are aware of the fact that we have been in
the habit, at the universal request of the bar, to hold adjourned terms of the court, and
it is quite probable that I can make such arrangements at some future day as will be
mutually satisfactory, and give both sides ample time for preparation ; and without either
granting or refusing the motion [Major Hempstead's motion for a postponement until the
March term] I shall endeavor in some way to accommodate you, gentlemen."

HISTORY OF UTAH. 643

strength of this understanding one of the attorneys, Mr. Fitch, had
left the Territory and was now absent in the Eastern States. What,
therefore, was the surprise, almost dismay of Major Hempstead and
the others when, on November 20th, the case of the People versus
Brigham Young, charged with lewd and lascivious cohabitation, was
called in the Third District Court, and the Prosecuting Attorney
announced that he was ready to proceed with the trial.

Major Hempstead. " If your honor please, we ask for the post-
ponement of the case till the March term. We base the request
upon the promise of the court, implying a grant of time to both sides
until the opening of that term."

Mr. Baskin. " It is rumored, but it is only a rumor, that the
defendant has gone outside the jurisdiction of this court. In case of
his non-appearance I will demand a forfeiture of his bonds."

Major Hempstead. "President Young will be ready for trial
whenever the court shall set down his case. With the understand-
ing of his counsel that a reasonable time would be granted for trial
the defendant has taken his usual winter journey to the south for
protection of his health against the severity of the climate."

Mr. Baskin rebuked the counsel for the defendant for so advising
him, and the court stated that it would take the request for further
time into consideration.

A week later to a day the case was again called up. Major
Hempstead stated that he had nothing to add to what he had already
said upon the subject. The defense would be ready for trial at such
time as the court might fix ; but the defendant was three hundred
miles away, and his counsel would therefore ask for as long a time
as the court could grant, in order that their client might be able to
appear.

Mr. Baskin insisted upon the forfeiture of the bonds.

Judge Snow, of counsel for the defendant, stated that they
would only ask a reasonable time in which to bring him here.

The Prosecuting Attorney persisted in demanding that the bond
be forfeited.

644 HISTORY OF UTAH.

Mr. Hempstead remarked that if the gentleman was really in
earnest in his desire to have the forfeiture, he himself could not
believe it was for the purpose of having it heralded to the world that
Brigham Young had forfeited his bail and fled from justice. He
reviewed the ineffectual attempts previously made by the defense to
have a day fixed for trial, and while conceding that the defendant
was expected to appear in court day after day and await trial, he
contended that no bail had ever been forfeited under similar circum-
stances, and that the forfeiture would now be unjust.

The Prosecuting Attorney argued that the defendant was bound
to hold himself within the jurisdiction of the court, but that since
five or six indictments for murder had been found against him he
had disappeared; that according to the statement of counsel he was
three hundred miles away and might be beyond the limits of the
Territory; that counsel had no legal right to advise a prisoner to
leave the jurisdiction of the court, and that the court could not take
the word of counsel to account for the absence of a defendant who
had absconded; that Brigham Young had not only technically but
literally violated his bond and the forfeiture was asked as a legal
right.

Judge McKean, however, refused to grant the motion of the
Prosecuting Attorney, but fixed Monday, December 4th, at 10 A. M.
as the time for the trial to begin. As this gave but a week in which
to prepare, the defendant's counsel asked for an additional seven
days, as they would need at least two weeks in which to notify their
client, bring him to the city, and get ready for trial. " You should
have considered those things before," answered the Judge, and cut
short all further argument with the remark: "The time of the
trial has been fixed for a week from today."

It was now being published throughout the length and breadth
of the land that Brigham Young had forfeited his bond and fled from
justice. The most extravagant tales were circulated concerning his
conduct and whereabouts, and the courage and honor of the Mormon
leader were called in question. All this while the object of attack.

HISTORY OF UTAH. 645

who had left Salt Lake City in broad daylight, unaware, except from
certain vague rumors, that he had been indicted for capital crimes,
and as innocent of any intent to defeat justice by his departure as
he was guiltless of those crimes, was peacefully sojourning at his
winter residence in " Dixie," waiting for the advent of spring that
he might return to meet and confound his accusers. Among the
journals which had much to say concerning President Young at this
period was the New York Herald. It drew upon a more reliable
source of information, however, than its Salt Lake 'correspondent,
Mr. Oscar G. Sawyer, and was therefore enabled to place before its
readers the truth regarding affairs in Utah. Its issue of November
16th contained the following interesting interview between a Herald
reporter and Hon. Thomas Fitch:

The Hon. Thomas Fitch, leading counselor and attorney for Brigham Young, stopped
at the St. Nicholas Hotel on Tuesday night, and left on Wednesday to keep a lecture
engagement at Bennington, Vermont.

As Mr. Fitch is directly from Salt Lake City, and acquainted more directly with the
Mormon situation in its legal aspects than probably any person in the country, a Herald
reporter was sent to sound him on the crisis. He occupied a cosy parlor with his wife,
a lady of fine literary culture and spirituelle face. Bishop Sharp, Hon. W. H. Hooper,
and one or two Gentiles on good terms with the Mormons had left their cards upon the
table. Mr. Fitch is a heavy set, Italian-looking young man, with fine chestnut brown
eyes, a brown and red complexion and a black moustache. He was very free and
natural in his manner, hut avoided close inquiries as to the habits and character of the
Federal officials in Utah.

" Mr. Fitch," said the Herald representative, " are you the sole counsel for Brigham
Young?"

" No, sir, my firm (Fitch and Mann) probably lead in his business at Salt Lake.
Besides he retains, Hempstead and Kirkpatrick, Snow and Hoge, Miner and Stout, and
Le Grand Young. Our attorney at Washington City is Curtis J. Hillyer, of Nevada. AH
the above are Gentiles except Snow, Young, Miner and Stout."

" Was it by your advice that Brigham Young suddenly left Salt Lake for Southern
Utah?"

" Not especially. I think it was prudent, however, under the circumstances.
Brigham Young makes a sort of tour of the churches and settlements every year as far as
St. George, on the border of Arizona. He had started when he ascertained that the
Grand Jury had indicted him for lewd and lascivious conduct and cohabitation, but he
immediately returned, waited quietly to be arrested, and on his following arrest he gave
bail in the sum of $5,000. Then hearing that other indictments on old and trumped-up

646 HISTORY OF UTAH.

charges of murder were being prepared, he wailed three weeks to see them produced.
He finally sent for U. S. Marshal Patrick and asked him if he had any such indictments.
Patrick replied that he had not. Mr. Young then said that he was prepared for the annu
trip, and as the court had indicated to his counsel a postponement of the trial on the
existing indictment until late in the winter, he thought of making no further delay. H
departed in his carriage in broad daylight. I saw him go myself. After he had gone
day or more, Judge McKean took out of his pocket an indictment that had lain there in
secrecy for a month, and issued a warrant upon it for his arrest for murder. Hence th<
hue and cry for the alleged flight. It is ridiculous, and has been telegraphed east to inju
the old man."

" Was it legitimate for Judge McKean to keep an indictment so long concealed?

" No. Utterly unprecedented. The Grand Jury found the indictment on the 28th
September; the warrant was delayed until the 28th of October. Such concealment ii
never used except when the defendant is supposed to meditate escape, but there w;
Brigham Young waiting all the time to be arrested."

"Will he probably return and submit to arrest and incarceration at Gamp Dougla:
on the unbailable charge of murder?"

" He may ; but I shouldn't blame him if he refused to walk into this dead-fall."

" Why do you say dead-fall ?"

" Because under the jury-packing system now practiced in Utah, and the rulings an
chargings of -the court, he has no chance whatever. In fact he has been found guilty i
advance ; for when McKean opened this term of court he said that the institution and
system of the Mormon Church were on trial ; and made a harangue against them."

" What is the general estimate of McKean among the legal fraternity of Utah ?"

" He is a fanatic, without much knowledge of law, determined to secure convictions
of these people at whatever cost. He believes the end justifies the means ; thinks he is
sustained by the Administration ; that it is his religious duty to crowd the Mormons hard,
and he has also, he supposes, a chance to gain a great political reputation. He is a very
determined man, however, of considerable personal courage, but not fit to be a judge.
He is a preacher and an elocutionist."

" What are said to be his ambitions ?"

" Political promotion in the east, either in New York State or at the President':
hands."

" Are the two other justices more impartial ?"

" I have not sufficient knowledge on that head to answer intelligently. Strickland
acquiesces with McKean uniformly. Hawley differs from McKean, with respect to the Mor-
mons, only that he would reach the same end less boldly and with more semblance of
regard to legal precedents."

i- Do these justices show any feeling of sensitiveness as to the severe criticisms passed
upon them by eastern jurists ?"

" Well, they think that the American people are indifferent about the means of
extirpating Mormonism, so it be killed off. They do not know enough law to care for
professional estimation. They are popularly said to 'jump' mines and precedents with
equal facility."

HISTORY OF UTAH. 647

" What took you from Nevada to Utah, Mr. Fitch ?"

" Mining litigation. I moved there May 1st. My connection with the Mormon
trials probably followed from my position on the Cullom bill in Congress last winter,
when I made the only speech against its passage on the Republican side. I opposed it
because it took the selection of juries out of the hands of the local officers and out of
the scope of the law of the Territory. It made the United States Marshal the despot of
Utah, and excluded from the jury box nineteen twentieths of the people. And yet
Judge McKean, by his rulings, has passed the Cullom bill in advance of its passage by
Congress, and Mr. Baskin, the author of that bill, is actually the United States Attorney
in Utah, getting convictions under it."

" You do not appear to place faith in the newspaper letters from Utah ?"

" No. They are Munchausenisms, which tickle us at home, while they probably do
hurt at a distance. The Federal officials write most of them. These old murders are
supported by the evidence of the desperado who did them, and that of Yates happened
fifteen years ago in the Mormon war, which the Administration of that time passed over.
Is there any reason clearer than this that the present court has come to make havoc and
will go any length to do it ! The very order and prosperity of the Mormons are hateful
to them."

" Do you have any sympathy with polygamy ?"

" None. In my speech in the Hawkins' case I called it a 'cruel and encompassing
system of barbarism,' whether endorsed in the Old Testament or the Mormon revelation.
There are allowances for it there, however. When the Mormons went to Utah the
women were in excess, and it devolved upon a man to take care of more than one
to keep the unmarried from starving. It was preached as a religious ordinance to
credulous people, and was practiced remote from monogamous mankind. They did not
begin it with criminal intent. Society has caught up to polygamy, and its hours are
numbered ; but what is the use of galloping over all law and decency to make martyrs
and seed for it ? Why treat it with the spirit of preachers and zealots, instead of as
statesmen and surgeons ? Save the life of Utah — its frugal and temperate labor, its
acquisitions and its uses for all the mines and settlements of the central continent ! Those
are my sentiments."

" What is the value of Utah ?"

" Well, its mines are equal in value to those of Nevada, which have produced from
$120,000,000, to 8150,000,000. The real estate, capital, etc., are probably not less than
870,000,000. And this is Mormon work. Labor in Utah in the mines cost only two
dollars a day or half as much as all around us."

" Do you think an exodus from Utah was ever contemplated.

" Yes, I know it was debated. But Brigham put his foot on it. It is not required.
Every interest of Utah has been disturbed, however, by these crusaders."

" What is the solution of the thing ?"

" Self-government. Admit them as a State, under a constitution enacted by them-
selves, relinquishing for all the future polygamous marriages. Follow the advice of Hamlet
'Those that are married already shall stay married.' The mere discussion of this con-
stitution prior to its enactment will shed more light on the error of the thing than all the

648 HISTORY 0*F UTAH.

judicial terrors of our courts, and if the Mormons ever agree to give up polygamy they
will do it without mental reservation and in perfect candor and simplicity."

" What will be the political complexion of such a State?"

"Extraordinary. It is a State without partizanship,'and it will vote for Presidential

electors in the spirit of the old electoral provisions — that is, looking to the character of

the electors only, and leaving them uninstructed as to their preference among candidates.

You see all politics has been shut out of Utah. Our newspapers take no sides in it, and

'the Mormon people are of neither party."

" To return to the Federal court, Mr. Fitch. Is it impartial among the lawyers ?"

" That, it don't become me to say. We had a funny thing there about the time I
left. Mr. Miner, a Mormon lawyer, moved an arrest of judgment in the Hawkins case,
and among other things said an officer of the court had played poker with the jury.
The judge said this was slanderous, and unless apologized for Miner should be dis-
barred next day. I believe, however, it was confirmed, on inquiry, and the judge, in his
best elocution forgave Miner with censure."

" Is the practice of McKean's court embarrassing?"

" Yes, Judge McKean is only a sort of missionary, exercising judicial functions. We
never expected him to be unprejudiced, but we supposed that he might like to appear con-
sistent. You see, in the first instance, after hearing an argument upon the point at law,
he declared that he was a United States court, that the Territorial Legislature had no
power to prescribe rules for his court as to selecting juries, and that he would not draw
juries but by open venire and selection, as in United States courts. We lawyers put up
with this and expected him to hold on consistently to it, so that we should prepare our
cases as for a United States court."

" How did he violate his decision ?"

" Why, he resolved himself into a United States court for all purposes prejudicial
to Mormon defendants, and whenever the Territorial law was severer on them than the
laws of Congress, he resolved back again into the Territorial court. For example, the
United States laws give the defendant ten jury challenges and the prosecution only two ;
while the Territorial law allows six and six. The United States statute of limitation dis-
bars all but capital crimes after two years of non-prosecution, while the Territorial law
bars nothing. Now, McKean wants a Territorial court to challenge the jury and prosecute
after many years by Territorial permission, but a United States court to empannel a jury,
etc. He played shuffle with jurisdiction and demonstrated to Mr. Young's counsel and
those of other indicted polygamists that he would be bound by neither law nor con-
sistency, but would do whatever he had the physical power to do to secure a con-
viction. Therefore, I say, as counsel to Brigham Young, that if he does absent himself
from such a tribunal until the United States Supreme Court at Washington passes
on a test case we have sent there, he will only anticipate the advice of his counsel."
"What is that case?"

" Englebrecht vs. Clinton and others — in all twenty defendants. The prosecutor is
a liquor seller who defied the municipal license law of Salt Lake, and by the pro-
visions of a Territorial statute brought suit for the destruction of his stock " maliciously"
by Justice of the Peace Clinton and a posse comitatus. The jury was packed by the

HISTORY OF UTAH. 649

Marshal's manner of drawing, and for $19,000 worth of liquor Englebrecht got a
verdict of $57,000. The Justice's process was legal on its face and not malicious. The
verdict was therefore atrocious, although confirmatory of the law which allows three times
the value of destroyed property. We expect an early hearing of this case to test the
validity of the jury abuse which is involved in all other trials."

" This manner of packing juries by personal selection gives great power to the
Marshal, does it not ?"

" Certainly. The Marshal (Patrick) is a good man and popular ; but any of his
deputies, no matter how corruptible, can also pack a jury. The facilities for corruption
are, therefore, such that out of many great mining litigations in his court, not one as yet
has come to trial, the contestants not daring to proceed. Our community is filled with
adventurers, attracted by the mines, who own nothing on the spot. A purchasable deputy
marshal can make a jury of these, buy them beforehand, make his pick from them and
affect the titles to property worth millions."

" How should the juries be picked ? "

" According to the law of the Territory — by lot. The statute of the United States
says the manner of choosing in Federal courts shall assimilate to that of the State or Ter-
ritorial courts within which the particular United States court may be. Mr. Attorney
Hillyer, therefore, asked McKean to charge the Marshal to select from the assessment roll
by lot. MoKean refused to assent. In Brigham Young's case the Marshal went out and
ransacked for twenty-three jurors ; three out of this picked lot were discovered to be Mor-
mons, and McKean ruled them off."

" What was the actual title of the offense against chastity for which Young was
indicted ? "

" Lewd and lascivious conduct and cohabitation — an old statute made to protect
Mormon decency. There is but one such statute in terms in any State code — Massachu-
setts— and this has been interpreted by the courts to apply only to open licentiousness, and
not to secret cohabitation. The offense meant is against public decency, not chastity.
The court wanted to indict Young for adultery, but could not get one of his wives to com-
plain. They would not indict for polygamy because the second marriage could not be
proved, being secretly performed. The old man, therefore, is made to pass under a law
he signed as a polygamist and which was passed by polygamists."

Here some interruption happened and we broke off a very interesting conversation.

Prior to this time, the reader will remember, there had gone
abroad statements, similar to those of Mr. Fitch, from such influen-
tial personages as Senator Morton, Grace Greenwood and others
regarding the illegal and reprehensible methods pursued by
Judge McKean and his fellow crusaders. So weighty were these
utterances, reinforced by the views of Senator Lyman Trumbull and
other statesmen who saw the necessity of putting an estoppel to the
outrageous conduct of the McKean-Baskin coterie, that the author-

650 HISTORY OF UTAH.

ities at Washington now began to take steps towards purging am
regulating judicial matters in Utah. The first indication of this
change of policy was the appointment by President Grant, late in
October of this year, of a new District Attorney for the Territory, to
supersede Mr. Baskin, who, as shown, had received his appointment
from Chief Justice McKean.* It seems that Colonel J. H. Wickizer,
postmaster of Salt Lake City, had been offered the position but had
declined it, and that subsequently Judge McKean had endeavored to
secure it for the acting incumbent, Mr. Baskin. This effort proved
futile, for the President, on the 28th of October, appointed George C.
Bates, Esq., to be United States District Attorney for Utah. Mr.
Bates was a gentleman between "fifty and fifty-five years of age, an
able lawyer and an old-time friend of General Grant. He was a
native of the State of New York, had once resided in Michigan, but
for some years had been a citizen of Chicago. Mr. Bates arrived at
Salt Lake City on the 30th of November, was admitted as a member
of the Utah bar on December 1st, and on Monday the 4th, the very
day set for the trial of Brigham Young, presented to Judge McKean

* That the course pursued by Judge McKean and his associates was not altogether
displeasing to President Grant, who was very much in earnest in his desire to stamp out
polygamy and reconstruct Utah, is evident from the following paragraph of his message to
Congress in December of this year :

"THE UTAH DIFFICULTY.

" In Utah there still remains a remnant of barbarism repugnant to civilization,
decency and to the laws of the United States. Territorial officers, however, have been
found who are willing to perform their duty in a spirit of equity and with a due sense of
sustaining the majesty of the law. Neither polygamy nor any other violation of existing
statutes will be permitted within the territory of the United States. It is not with the
religion of the self-styled Saints that we are now dealing, but their practices. They will
be protected in the worship of God according to the dictates of their consciences, but they
will not be permitted to violate laws under the cloak of religion. It may be advisable for
Congress to consider what, in the' execution of law against polygamy, is to be the status of
plural wives and their offspring. The propriety of Congress passing an enabling act
authorizing the Territorial Legislature of Utah to legitimize all born prior to a time fixed
in the act, might be justified by its humanity to .the innocent children. This is a suggestion
only, and not a recommendation."

HISTORY OF UTAH. 651

his commission from President Grant, took the required oath, and
entered upon the duties of his office.

Immediately after taking the oath, Mr. Bates addressed the
court and said: "I now ask your honor, in the case of the People
versus Brigham Young, which I understood was assigned for trial
this morning, that the defendant be called, to give him an oppor-
tunity to be heard, if here, and if not that his .recognizance be
forfeited."

Mr. Hempstead. I waive the calling.

Mr. Bates. I ask that his recognizance be forfeited and judg-
ment of forfeiture be entered thereon.

Mr. Hempstead protested against the forfeiture, and this led to a
brief discussion of the matter, pro and con, after which Mr. Bates
said: "I would like to ask a question of my learned brother, Major
Hempstead. Do I understand you to state here, on your profes-
sional responsibility as an officer of this court, that the defendant
will be forthcoming to answer to this and any other indictments
against him within any reasonable time from this day 1 "

Mr. Hempstead. That is certainly my understanding and my
firm belief, as I have already stated ; and Mr. Bates has known me
sufficiently long to know that I would not make such a statement on
my professional integrity unless I had abundant reasons for mak-
ing it.

A consultation between the U. S. Attorney, Messrs. Baskin
and Maxwell and the court ensued, after which the Judge said : "It
is nearly three months since this term of court commenced. A great
many papers have been placed in my hands, which, owing to press
of business, and sickness in my family, I have been unable to
examine. I need time to examine them, and also for rest, and to do
this I should like an adjournment of the court."

Mr. Sates. I too should like to have a short time to examine
into important matters connected with my duties in this court.

Judge McKean. Some days ago an application was made in the
case of Thomas Hawkins for the court to fix the amount of bail, and

652 HISTORY OF UTAH.

also to issue the mittimus. I took it under advisement, and I \vil
this morning fix the bail, which is pending an appeal, of course,
twenty thousand dollars, with two sufficient sureties, and grant the
application for the mittimus to be issued.*

Then followed a brief dialogue between the Judge and Maj(
Hempstead as to some definite time when the defendant, President
Young, could be expected to arrive*

Mr. Bates. As to the trial of these important cases, and I need
not say to this court that they are perhaps the most important cases
ever tried in this country, and the questions involved in them are of
such a delicate character that the eyes of the world, I may say, are
on this tribunal, I shall be entirely opposed myself to the postpone-
ment of these trials until March. If the counsel for the defendant
are satisfied that he can and will be here, I shall be perfectly willing
to set them down, say for the first Monday in January, or possibly
the second Monday. I would not consent to go beyond that, because
there are matters of grave public interest connected with them.

Mr. Hempstead stated that all they asked was as much time as
the District Attorney and the court could give them, and Judge
McKean, having briefly reviewed the history of the case, then
suggested Tuesday, the 9th of January, the date to which the Grand
Jury had already adjourned, as the time for trial.

Mr. Sates. Then I desire to give public notice that on the 9th
day of January I shall move on the trial of Brigham Young, on the
indictment for murder, and all other criminal cases that stand on the
calendar to follow in succession as rapidly as the court can dispose
of them.

The court then adjourned until the 9th of January.

The new District Attorney now had time to examine into the
circumstances surrounding his position. One of his first discoveries
was that there were no public funds with which to carry on the
business of the Federal Courts, and that the United States Marshal

* Thomas Hawkins was unable to give the required bail, and it was afterwards
reduced to $5,000, which was furnished and he was liberated from prison.

HISTORY OF UTAH. 653

and others had been providing out of their private purses means to
defray the expenses so far incurred in the prosecution of the Mor-
mon leaders. The amount thus advanced had now reached the sum
of fifteen thousand dollars, more than half of which had been
furnished by Marshal Patrick. Mr. Bates immediately laid this
matter before the Attorney-General at Washington, his letter to that
official bearing the date of December 4th, the very day that he
assumed the duties of District Attorney, and upon which occurred
the incidents last narrated. On that day also, Senator Cragin intro-
duced into Congress his second anti-Mormon measure, referred to in
a former chapter. Under date of December 14th the Attorney-
General answered Mr. Bates, stating that he had called the attention
of Senator Cragin to the difficulty in regard to funds, and he hoped
that Congress would afford prompt relief. At Mr. Bates' suggestion
the Cragin bill was amended for that purpose. He also asked by
telegraph for the appointment of Mr. Baskin as his assistant, to
which request the Attorney-General responded as follows:

WASHINGTON, December 20th, 1871.
George C. Bates, Esq. U. S. Attorney, Salt Lake City, Utah :

Your letter of the 10th instant is received.

I have answered by telegraph that you are at liberty to employ Mr. Baskin, and I
herewith enclose a commission for him.

Under the circumstances I do not feel at liberty to employ other additional counsel.

The Government ought not to show any unseemly zeal to convict Brigham Young ;
and the addition of two lawyers to the regular professional force of the Government in
Utah might have that appearance. The propriety of the employment of Mr. Baskin is
obvious, he having prepared the cases.

In answer to your other letter of the same date, I have to say that it seems to me
wrong in principle to covenant with regard to bail, while the accused is absconding.
When a man submits himself to the law, it is time enough to consider what amenities he
may receive under the law. Should Mr. Young be arrested, the question of bail will be
altogether a judicial one to be decided by the court upon the principles which would
operate in the case of any other accused party.

Very respectfully,

A. T. AKERMAN, Attorney-General.

The following letters from the Attorney-General to District
Attorney Bates tell their own story:

654 HISTORY OF UTAH.

WASHINGTON, December, 20th, 1871.

George C. Bates, U. S. Attorney, Salt Lake City, Utah,

Sir : — Your letter of the llth instant is received. ,

I am troubled on account of want of funds to carry on the Territorial prosecutions.

The accounting officers of the Treasury, adhering to usage, do not feel at liberty to allow

the marshal credit for expenditures for prosecutions under Territorial law. This is

perhaps inconsistent with the just deduction from the recent decisions of the judges in

Utah.

As the only thing I can do to help you, I have made the matter the subject of earnest
representation to the chairmen of the Territorial committees in Congress ; and I will com-
municate to them the contents of your last letter.

Very respectfully,

A. T. AKERMAN, Attorney-General.

WASHINGTON, Dec. 27th, 1871.
George C. Bates, Esq., U. S. Attorney, Salt Lake City, Utah,

Sir: — I have received several letters from you on the subject of the expenses of the
courts of Utah in Territorial prosecutions.

In consequence of the construction hitherto followed by the accounting officers of the
Treasury, I have no power to provide the necessary funds. I have done the only thing
that seemed possible in the matter, which was to bring the subject to the attention of the
Committee on Territories in the two houses of Congress and to urge prompt action.

Very respectfully,

A. T. AKERMAN.

Mr. Bates continued pressing the matter of a lack of funds to
carry on the pending prosecutions, and for this purpose addressed the
following letter to Hon. Lyman Trumbull, chairman of the Senate
Judiciary Committee:

SALT LAKE CITY, UTAH, Dec. 30th, 1871.
Hon. Lyman Trumbull, chairman judiciary committee of the Senate,

Sir: — It is my duty, as the United States district attorney for this Territory, to ask,
through you, and your committee, advice and instruction upon the following points :

I. Under the decisions of the supreme court of this Territory, (from which there is
no appeal) all felonies committed within its limits are offenses against United States laws,
to be punished only by United States courts, their processes to be levied by the United
States marshal, and prosecutions conducted only by me as the United States district
attorney ; and, of course, all expenses of the trials must be paid out of the U. S. treasury,
if paid at all.

II. Under the Territorial courts, as such, the officers of the several counties are all
Mormons, who it is said, will not punish their fellows or leaders for high crimes at all,
and do frequently punish Gentiles unjustly and unfairly ; and so unless the United Slates

om-

HISTORY OF UTAH. 655

courts prosecute criminals, anarchy must soon exist here, and neither life nor property
will be safe.

III. The United States comptroller, disregarding the ruling of our supreme court
here, decides that all these offenses are against Territorial laws, to he punished only in
Territorial courts by the Territorial officers thereof, and that the United States treasury
must not and shall not pay one 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 are
unpaid, and there is not a cent to pay them for either the past or the future.

IV. January 9th, 1872, is set by the court for the trial of Brigham Young and
others for murders and others crimes, and twenty other criminal causes are assigned for
that time ; and I, as U. S. district attorney, am required to try these great causes, while
there is no money to pay either the jurors, witness fees, or any of the contingent expenses
of the court, such as rent, fuel, lights, etc. How can 1 go to trial without witnesses and
jurors? And how can their attendance be secured without money ?

V. A grand jury is required forthwith, in the First District, to investigate several
murders, castrations, and other horrid crimes, and a venire is ordered ; but the marshal
has no money to serve it, the witnesses and jurors will not come into court unless paid
therefor, and we have no money to pay them. What must I do under these circum-
stances?

VI. The United States have no jail, penitentiary or place to keep safely their crimi-
nals, except Camp Douglas, and the cost of keeping them there and transportation to and
from the courts makes a rapidly accumulating debt for some one to pay, which already
amounts to $15,000, a large part of which has been advanced by the present marshal, and
is due now to him, and to jurors and witnesses.

VII. Under these circumstances, I see no other course for the Government to pursue
than to provide money instantly to pay all jurors, witnesses and the daily expenses of
prosecution of these great crimes, or to order them all dismissed forthwith from the United

States courts. Am I right ? Please answer.

GEORGE G. BATES,

U. S. District Attorney.

The United States Solicitor-General wrote to Mr. Bates about
this time in relation to the dead-lock in the Utah courts. Here is a
copy of his epistle:

WASHINGTON, December 25th, 1871.

MY DEAR SIR : — Your several letters relative to the business of your office have been
turned over to the attorney-general, with request that he give you all possible support and
assistance, which, I am happy to say, he will do most cheerfully. I do not see how the
matter of compensation can be satisfactorily adjusted without further legislation. It seems
that while your court holds it to be your duty to prosecute parties charged with violations
of Territorial statutes, the comptroller, who settles the accounts of district attorneys and
marshals, holds that the United States cannot pay tiie expenses of such prosecutions under
existing statutes. Thus we have a deadlock which no power but Congress can unlock

656 HISTORY OF UTAH.

If it should ever happen that I can serve you I trust you will not hesitate to com-
mand me.

With my best wishes for your personal and professional success, I am,

Very sincerely, your friend,

B. H. BRISTOW.
Gen. Oeo. C. Bates, Salt Lake City.

Thus it will be seen that the prospect for obtaining funds with
which to push on the prosecutions against President Young and his
brethren, at the close of the year 1871 was very little if any better,
so far as Congress was concerned, than it had been at the time those
proceedings were begun. As matters now appeared, it looked as if
Marshal Patrick and his friends must continue feeding the furnace of
Judge McKean's court with financial fuel — a proceeding of which
they were evidently growing somewhat weary — or else the cases
against the Mormon leader and his co-defendants, in spite of Judge
McKean's and Attorney Bates' wishes to the contrary, must be post-
poned until March, if not longer. That the same view was taken by
Mr. Bates, and that the cases in question, with all other criminal
business pending in the Third District Court, were deferred in conse-
quence until the spring of 1872, will be shown in the course of
another chapter.

HISTORY OF UTAH. 657

CHAPTER XXIII.

1872.

PRESIDENT YOUNG RETURNS AND CONFOUNDS HIS ENEMIES — HE SURRENDERS FOR TRIAL

AND ASKS TO BE ADMITTED TO BAIL JUDGE MCKEAN REFUSES THE REQUEST THE

MORMON LEADER A PRISONER IN HIS OWN HOUSE MARSHAL PATRICK'S COURTESY AND

CONSIDERATION THE CASES AGAINST PRESIDENT YOUNG AND OTHERS POSTPONED THE

SECOND INVESTIGATION INTO THE DR. ROBINSON MURDER ARREST OF ALEXANDER HURT,

BRIGHAM Y. HAMPTON AND OTHERS PENDING THE ISSUE OF THE INVESTIGATION THE WIT-
NESSES BAKER AND BUTTERWOOD A DESPERATE ATTEMPT TO CONVICT INNOCENT MEN

NOTHING PROVEN AGAINST THE ACCUSED, BUT THE ANTI-MORMON GRAND JURY INDICTS

THEM BAKER A SELF-CONFESSED PERJURER HE GOES TO PRISON FOR HIS CRIME

JUDGE MCKEAN'S SECOND REFUSAL TO ADMIT PRESIDENT YOUNG TO BAIL — THE BATES-

MCKEAN CONTEST AT WASHINGTON THE ENGLEBRECHT DECISION ALL INDICTMENTS

QUASHED — MCKEAN'S HUMILIATION — NON-MORMON REFUTATION OF ANTI-MORMON SLANDERS.

" YE doubtless thought, judging of Roman virtue by your own, that I would break
my plighted faith, rather than by returning and leaving your sons and brothers to rot in
Roman dungeons, to meet your vengeance. Well, I could give reasons for this return,
foolish and inexplicable as it seems to you. I could speak of yearnings after immortality
— of those eternal principles in whose pure light a patriot's death is glorious, a thing to
be desired ; but, by great Jove! I should debase myself to dwell on such high themes to
you. If the bright blood which feeds my heart were like the slimy ooze that stagnates in
your veins, I should have remained at Rome, saved my life, and broken my oath. If,
then, you ask, why I have come back, to let you work your will on this poor body, which
I esteem but as the rags that cover it — enough reply for you, it \sbecause lam a Roman."
— Extract from ' The Curse of Regulus.'

HE astonishment of the Carthaginians over the unexpected
return of Regulus, their heroic prisoner, whom they had sent
to Rome to sue in their behalf for peace, but who, instead of
obeying their behest, had urged his countrymen to continue the war
to the utter ruin of Carthage, and had then come back, according to
his promise in case peace did not follow, to meet the cruel fate that
awaited him, was not much greater than that of the anti-Mormons,
when it became known, just as the new year dawned, that Brigham

46-VOL. 2.

658 HISTORY OF UTAH.

Young, the alleged fugitive from justice, had returned to surrender
himself to his persecutors, to face in open court his accusers and
stand trial before a biased judge and a hostile jury upon the charges
that had been laid at his door. Yes, it was even so; in spite of
every prediction and expectation of his enemies to the contrary, the
Mormon leader had come back, as he intended doing when he
departed ; though his return, in order to redeem his pledge, to relieve
his bondsmen, and to honor the requisition of the law, was fully two
months earlier than he had anticipated at starting. Nearly four
hundred miles in mid-winter, traveling almost the entire distance by
team, through mud and sleet, through frost and snow and winter's
biting blasts, he had come to confront and confound his foes.

"Naturally," said the Salt Lake Herald, — referring to the Presi-
dent's return, his appearance in court, and the surprise thereby
created among his enemies, — "naturally they took a good look at his
countenance. Could this be a sham appearance? Was it not a
counterfeit Brigham come into court to cheat them of their prey?
No, they were too familiar with the calm, kindly and genial face of
this venerable man, who had come here in open day to face his per-
secutors— had come through tempests and torrents and snow-slides,
a distance of nearly four hundred miles, to show the little terriers
who had been barking at him, that, strong in the conviction of
justice and right, he had faith in the ultimate verdict of the people,
and in the protecting care of that Providence in whose trust he had
never been deceived through a long and most eventful career."*

It was on the 2nd of January, 1872, that President Young came
into court where Judge McKean was sitting in chambers, and asked

* Elder A. M. Musser, who was of President Young's party, states that on the even-
ing they arrived at Beaver, on their way north, General P. E. Connor also reached
that point en route from Pioche to Salt Lake City. Elder Musser requested that he say
nothing of the coming of the President, in order that the latter's intention to voluntarily
appear in court might not be thwarted. The General readily acceded to the request, and
added : " Tell President Young that if he wishes it I will go his bail, even if it amounts
to a million dollars." He kept his word and maintained secrecy regarding the President's
movements, and would doubtless have met the conditions of his other offer had the
opportunity been given.

HISTORY OF UTAH. 659

by his counsel to be admitted to bail in the case of the People versus
William H. Kimball and others, with whom he had been jointly
indicted on a charge of murder. Just prior to the arrival of District
Attorney Bates, and while President Young was still absent in
Southern Utah, a motion to quash this indictment had been made by
the defense and argued before Chief Justice McKean. The grounds
for the motion were as follows:

First. That the said indictment purports to charge the crime of murder against the
said defendants under the statute of said Territory, yet the grand jury in the margin
:hereof have designated the degree, to wit : murder in the first degree.

Second. That there is no addition, or description therein of this defendant or of
either of his co-defendants.

Third. That said indictment is vague, indefinite and uncertain in this:
1st. The date of the alleged offense is nowhere therein laid with certainty, but the
same is laid under a videlicit.

2nd. There is no allegation therein that the deceased was a living human being at
the time of the alleged assault and homicide.

3rd. That it does not appear therefrom whether the said Buck, if killed at all, was
killed by the said William A. Hickman with a pistol, or by the said Morris Meacham with
a knife.

Fourth. There is no allegation therein that any of the defendants conspired together,
or that this defendant, or either of the said defendants, except only the said William A.
Hickman and the said Morris Meacham, was or were present aiding or abetting, or was
or were accessories before the fact of compassing the death of said Buck ; or was or were
otherwise unlawfully connected with said homicide, but on the contrary it appears affirm-
jatively from said indictment that the said homicide was committed by either .the said
Hickman or the said Meacham, and not by the other defendants herein impleaded, or
ither of them.

Fifth. The said indictment is otherwise uncertain and indefinite, particularly in this,
hat in one count it alleges a murderous assault and wounding first by said Hickman with
pistol, and secondly by said Meacham with a knife, and the death of said Buck by reason
of said wounds.

Sixth. There is no allegation of malice aforethought or otherwise on the part of this
efendant William Kimball or either of his said co-defendants, except only the said Hick-
nan and the said Meacham.

Seventh. There is no allegation that the leaden bullets with which said wounds are
lleged to have been inflicted, were discharged out of the pistol in the hands of said Hick-
nan, without which it is impossible that the said Buck was wounded as set forth in said
dictment.

Eighth. That said indictment was found by the grand jury without the testimony of
y sworn witness or witnesses, as appears therefrom, there being the names of no wit-
or witnesses endorsed thereon, as required by law, or if found on the testimony of
itnesses their names are not endorsed thereon.

660 HISTORY OF UTAH.

Major Hempstead now stated that his client, on hearing that he
had been indicted, had come of his own volition and without any
compulsion to obey the mandates of the' court. He presented the
certificate of Dr. W. F. Anderson, the President's attending phy-
sician, to the effect that the defendant was in a feeble condition, being
in his seventy-first year, and that confinement would in all proba-
bility prove fatal to him. For these and other reasons, some of
which had been cited in the case of Mayor Wells when he was
admitted to bail, it was asked that a similar order be made in relation
to President Young.

U. S. Attorney Bates said that he was aware that in cases
equally important to this, parties had been released on bail. He
mentioned the case of Aaron Burr, and that of Jefferson Davis, the
latter of whom had deluged the country in blood and yet was given
bail. The fact that the defendant had come of his own accord, with-
out constraint, acknowledging that it lay with the court to admit him
to bail or refuse to do so should be considered; also that he was an
aged man, that his health was poor, and that the United States had
no proper place in this Territory to keep prisoners as they should be
kept. As the representative of the Government Mr. Bates would
only ask that this defendant be treated like all others. It was left to
the discretion of the court as to whether or not bail should be
accepted, but if it were, he would ask that it be fixed at five hundred
thousand dollars.

This proposition brought Mr. Fitch to his feet with a protest
against the excessive amount. The bail of Jefferson Davis, he said.
for the high crime of treason was only placed at one hundred
thousand dollars by the Chief Justice of the United States. While
the defense would bow to the decision of the court, and were ready
to give whatever bail might be demanded, he regarded the amount
suggested by the District Attorney as unprecedented in American
criminal history, and he could not let the proposition pass without
challenge and objection.

Judge McKean then gave his decision. Said he: "The Govern-

HISTORY OF UTAH. 661

ment of the United States has no jail in this city for holding pris-
oners who are arrested on process issued from the United States
courts. The Marshal is therefore required to exercise the discretion
which the law vests in him. Sometimes such prisoners are kept at
Camp Douglas, but the military commander at that post is not
obliged to receive them. The defendant now at the bar i? reputed
to be the owner of several houses in this city. If he shall choose
to put under the control of the Marshal some suitable building in
which to be detained, it will be for the Marshal to decide whether or
not he will accept it. It is at the option of the defendant to say
whether or not he will make such an offer, and equally at the
option of the Marshal to say whether or not he will accept it. In
any event, where or however the defendant may be detained, the
Marshal will look to it that his every comfort be provided for,
remembering that the defendant is an old man. I decline to admit
the defendant to bail."

President Young then withdrew in charge of the United States
Marshal, followed by an eager multitude who had thronged into the
building, and who now pressed forward to catch a glimpse of his
face or to grasp his hand in friendly sympathy as he departed. He
was permitted by Marshal Patrick to remain in his own home, which
was guarded by U. S. deputy marshals. To the credit of the Mar-
shal be it said that notwithstanding the censure heaped upon him by
the anti-Mormon press for so doing, he accorded to his aged prisoner
every reasonable comfort and courtesy.

The case against Brigham Young and his co-defendants, on the
charge of murder, never came to trial. Its postponement till the
March term of the District Court, a request denied to the defense,
was now granted to the prosecution. Then, before it was reached
upon the docket, the decision of the United States Supreme Court
in the Englebrecht case was given, overturning and invalidating the
proceedings of the Federal courts in Utah for a period of nearly two
years, and liberating the prisoners pent up by Judge McKean's perse-
cutive rulings. But the events will be narrated in their order.

662 HISTORY OF UTAH.

On the 9th of January, 1872, the day set for the trial of Brigham
Young, the United States Attorney, Mr. Bates, announced to the court
that James L. High, Esq., had been appointed Assistant District
Attorney for Utah. Mr. High, being present, then took the oath of
office. His appointment, it will be observed, left Mr. Baskin, the
first person proposed for the place, "out in the cold." This was
regarded as another step in the reform policy toward Utah that was
gradually being adopted at the seat of Government. Mr. Bates also
read the correspondence that had passed between Attorney-General
Akerman, Solicitor General Bristow and himself, relative to a lack of
funds with which to carry on the pending prosecutions; which
correspondence has already been laid before the reader. He stated
that he had informed the Attorney-General that it was not at all
probable that the Territorial Legislature would provide means for the
expenses of the courts, and as Congress had not yet done so, and
there were no funds available for the purpose, he now at the 'sug-
gestion of the Attorney-General asked for a continuance of all crimi-
nal business until the second Monday in March. In his hand he
held a calendar of over twenty cases, in some of which, he stated,
the parties were under arrest, and in others they were not. He asked
that all these cases be postponed and expressed the hope that the
members of the Legislature, which had just convened, would see the
propriety of providing funds in order that their leaders might be
vindicated if unjustly accused, and punished if guilty of the high
crimes charged against them. Mr. Bates also announced that he had
been summoned to Washington to report forthwith to the Attorney-
General, in order that that official might be fully advised as to the
condition of affairs in Utah.* His assistant, Mr. High, would attend
to all business in his absence.

The court, at the conclusion of the District Attorney's statement,
ordered all the criminal cases on the calendar and all civil causes

* It was about this time that Hon. Amos T. Akerman, of Georgia, resigned the office
of Attorney-General of the United States, and was succeeded by Hon. George H. Williams, of
Oregon. It was probably owing to this change that Mr. Bates was summoned to the capital.

HISTORY OF UTAH. 663

that were to be tried before juries, continued for the term. A few
days later Mr. Bates set out for Washington.

About a month before his departure, and at least a fortnight
prior to President Young's return from the south, there had begun
and ended at Salt Lake City the second and last investigation into the
murder of Dr. J. King Robinson. This lamentable affair, it will be
remembered, occurred on the night of October 22nd, 1866. The
details of the inquest held at that time have already been given.
After the lapse of five years the matter had again been taken up, the
crusaders feeling assured that under the changed conditions that
prevailed they had power to secure convictions on this score, — it
mattered not of whom, so long as they were Mormons, though men
"high in authority " were of course preferred. Their confidence in
this direction, in view of what had already occurred, with a man like
Judge McKean upon the bench, and men like "Bill" Hickman in the
Grand Jury room, though not destined to produce the full fruition of
their hopes, can not be said to have been altogether misplaced.
Several well known Mormon citizens had accordingly been arrested
on bench warrants issued from the Third District Court, based upon
affidavits signed by Deputy U. S. Marshal Gilson, and were now in
confinement at Camp Douglas, awaiting the issue of the investigation.
These men were Alexander Burt and Brigham Y. Hampton, police
officers of Salt Lake City ; James Toms, a gunsmith and one of the
special police, John L. Blythe, a store-keeper, and John Brazier or
Brasher. All except Mr. Hampton were arrested on the 13th of
December, and he upon the 19th. A man named Morris was also
accused, but does not appear to have been apprehended. The
conviction of officers Hampton, Burt and Toms seems to have been
most desired, — not by Mr. Bates, who conducted the prosecution in a
fair and dispassionate manner, but by Judge McKean and his cabal,
who evidently hoped to fasten guilt upon the city police and through
them trace it to higher authority, civil and ecclesiastical.

The investigation began in chambers before the Chief Justice
on Thursday, December 14th, and ended on Saturday, the 23rd.

664

HISTORY OF UTAH.

During the proceedings sessions were held in the Woodmansee
Building and in the Liberal Institute. U. S. Attorney Bates and
General Maxwell appeared for the people, and Messrs. Hempstead
and Fitch for the accused. Numerous witnesses were examined,
some of whom had testified at the former inquest, when nothing
definite was ascertained as to the identity of the person or persons
who committed the crime, and when it was positively declared by
Hon. John B. Weller, the Gentile lawyer who led in the investigation,
that nothing had been proved against the city police. Nor were the
same witnesses now able to testify to anything further. They had
heard a shot and a scream, and had seen men running from the
scene of the assassination, but those men they had been and were
still unable to identify. There were two witnesses, however, who
now professed to know considerable about the murder. They claimed
that they had not only seen men running from the spot where the
deed was done, but had recognized some of them and were able to
name them. One of these witnesses was Charles W. Baker; the
other was Thomas Butterwood.

Baker's testimony was to this effect. In company with his
partner, A. W. Johnson, who had since been killed at Silver City,
Idaho, he had arrived at Salt Lake City about the 18th of October,
1866, on his way to Arizona. They kept their animals at the Boise
Stables, Fourth South Street. On the night of the 22nd he and his
partner attended the Salt Lake Theater and witnessed a play, the
name of which he. did not remember, but it was one in which Julia
Dean Hayne took part. After the performance was over they walked
down the State Road as far as Tuft's Mansion House and there held
an argument as to whether or not they should go "up town" and get
something to eat before going to bed. They finally decided to take
supper, and started for Main [East Temple] Street, along Third South
Street, for that purpose. It was a bright, moonlight night. In a few
minutes they were upon Main Street and near the spot where thf
murder was committed. They heard a scream and the firing of a
shot, and saw men running in different directions. Two of the men

HISTORY OF UTAH. 665

came toward them. Entering a gate and crouching down behind a
fence they caught a glimpse of them as they passed. Another man
was also seen by them at close quarters. Baker thought that he knew
all three, and next day he identified Messrs. Blythe and Morris as the
two who had passed him, and Mr. Toms as the third party. Blythe
wore a beard and moustache and was trying to conceal a long knife
or sword underneath his coat as he ran. He knew Blythe because
he had bought vegetables of him at his store opposite the Revere
House, where he had also seen Morris. Toms he had met at his
shop, where the witness had had a pistol repaired. After the firing
he had seen a body lying on the opposite side of the street, but
whether or not it was a man he did not know. He did not go across
to see, but went to his lodgings and retired. He left Salt Lake on
the 24th or 25th of October, before the inquest began, but instead of
going to Arizona, went to Austin, Nevada, and thence to California,
Oregon and other places. He returned to Utah in March, 1871.
Being asked the question whether he was not in jail at Elko, Nevada,
Baker admitted that he was, and added that he was not ashamed to
confess it. He was asked why he did not give the information that
he now professed to have, at the time of the murder, and answered
that it was because he was fearful for his safety.

In rebuttal of this man's statement, the defense proved by
the testimony of Messrs. Thomas Williams, John C. Graham and
John T. Caine, who were all connected with the Salt Lake Theater in
1866 — the first named as treasurer, the second as an actor and the
third as stage manager — that no performance was given at that house
on October 22nd of the year mentioned. A bound volume of the
Theater programs was introduced in evidence of the fact. It was
shown that Julia Dean Hayne was not in Utah at the time Baker
claimed to have seen her playing at the Salt Lake Theater, but that
she had closed an engagement there on the 30th of June, preceding,
and had then gone north to Idaho and Montana.* Other dis-

* For notice of Julia Dean Hayne's farewell benefit at the Salt Lake Theater, June
30th, 1866, see Chapter VI. of this volume.

666 HISTORY OF UTAH.

crepancies in Baker's testimony were made apparent during the
course of the investigation. One of them was in relation to the
picket fence behind which the witness claimed to have crouched
when he saw the murder. Baker stated that the fence was about
six feet high — which was really the case at the time of this investi-
gation— but the defense proved that at the date of the murder the
fence enclosing the Houtz corner — the place in question — was a low
one about three feet in height. This fence had subsequently been

torn down and the higher one erected.

•

The story told by Butterwood, the other witness relied upon by
the prosecution to prove the identity of Dr. Robinson's murderers,
was substantially as follows: He was a miner, and had been a
resident of Salt Lake City since 1856. He lived in the Fourteenth
Ward, but was unable to tell whether or not his home was there in
1866. On the 22nd of October of that year he was visiting a friend
at Cottonwood, ten miles south of the city. Returning in the
evening, afoot, he lost his way, and tried to find the Salt Lake
Theater in order to guide himself homeward. He had reached
Tuft's Mansion House when he saw two men, one taller than the
other, and heard one of them say : " D — n it, let's go and get some-
thing to eat." This was between eleven and twelve o'clock. The
witness walked westward from the Mansion House toward Inde-
pendence Hall. When he arrived opposite the latter place he saw
man standing near the Beatie corner to whom a man and womar
passing said : " Good-night, Brigham Hampton." Continuing west-
ward, the witness reached the middle of the next block when he
heard some shooting and a cry of "0 God, don't murder me!"
Jumping over a pole fence he hid among some currant bushes. Two
men came from the east, running rapidly. He did not see their
faces, but from the beard of one of them he recognized under a
slouched hat a man whom he afterwards identified as Alexander
Burt. The other he subsequently identified as Brigham Y.
Hampton. He did not see his face or beard, for he had on a broad-
brimmed slouched hat. Both men wore overcoats but he recognized

HISTORY OF UTAH. 667

their forms. He did not know their names at the time but made
their acquaintance some months later. Butterwood alleged that an
attempt had been made by some person to him unknown to bribe
him not to testify, but he bombastically protested to the court and to
those present that he was not for sale.

In refutation of this story, it was proved by "a cloud of
witnesses" that Alexander Burt, on the night of the 22nd of October,
was at home playing checkers with several friends, from half past
nine p. m. until after twelve o'clock. The murder occurred a little
before midnight. It was also shown in regard to Mr. Burt's beard —
as it had been in relation to Mr. Blythe's moustache — that he wore
none at the time indicated. As for Mr. Hampton, several witnesses
stated that on the night of the murder he went home with Mr. Burt
from a circus entertainment near the City Hall between nine and ten
o'clock — both officers then living in the western part of town — and
that Hampton had entered his house first, leaving Burt to pursue
his way homeward. It also came out in evidence that Mr. Hampton,
in October, 1866, was a partial invalid, suffering from pneumonia,
and, according to the statement of his physician, Dr. J. S. Ormsby,
"could not have run a block." The oldest inhabitants of the
neighborhood where Mr. Butterwood claimed to have crouched
behind a pole fence among some currant bushes, were unable to
remember that any such fence existed in that vicinity at the time of
the murder. They declared that an adobe wall ran along the front
of the premises where Butterwood claimed to have concealed him-
self. And so the defense went on riddling the testimony of this
witness.

Among others who testified was Samuel Bringhurst, who stated
that his son had found near the scene of, and soon after the shoot-
ing, a pistol which was subsequently claimed by a man named Met-
calf or Seigel. This incident — the finding and claiming of this
pistol — was referred to in a former chapter in connection with the
Robinson murder.

The taking of testimony having concluded, the arguments of

668 HISTORY OF UTAH.

counsel began and were listened to with breathless interest. The
first speaker was General Maxwell, who declared during the course
of a bitter anti-Mormon harangue that " the entire police force of
Salt Lake City was on trial." This statement, almost equal in
absurdity to that of Chief Justice McKean when he asserted that ''a
system was on trial in the person of Brigham Young," plainly
showed the desire of the prosecution, or that part of it represented
by Mr. Maxwell, to fasten the guilt upon the police force, and thence
trace it by the same kind of "evidence" as that given by Messrs.
Baker and Butterwood, to Mayor Wells and the Mormon Church
authorities. Maxwell claimed that the prosecution had made out a
probable case against officers Burt and Hampton. As for Mr.
Toms, the assistant prosecutor said that he was a man who,
being once seen, could not easily be forgotten, and according to the
evidence he had been seen on the night of the murd.er running away
from the scene of its commission. Maxwell's address occupied
about an hour.

Mr. Fitch followed, speaking for an hour and thirty minutes.
He maintained that there was not the least probability that the
prisoners at the bar had anything to do with the murder of Dr.
Robinson. There was no evidence in the testimony of Thomas But-
terwood tending to identify Messrs. Hampton and Burt. The wit-
ness did not see their faces but swore to their identity from their
forms. He claimed to have heard the murdered man exclaim: "Oh,
God, don't murder me! " when he was one and a half blocks (nearly
seventy rods) away, while other witnesses, much nearer, heard only
a scream and a shot. He also claimed to have heard some one say :
"Good-night, Brigham Hampton," as if, forsooth, acquaintances
habitually addressed each other in such stilted phrase. Why did
Butterwood hide? If he was so frightened how could he recognize
men running whose faces he did not see? Commit men on such
evidence and every jail would overflow. Butterwood had probably
heard it rumored that the police had a hand in the murder, and as
he had seen these men in the police force since, he had made up his

HISTORY OF UTAH. 669.

mind that they resembled the men who ran past him. As to the
testimony of the witness Baker, it was so full of discrepancies as to
be utterly unreliable. It was evidently a made up story and would
not bear scrutiny. Mr. Fitch called attention to evidence going to
show that Baker had written himself a note, — which he had tried to
get copied through a confederate, — reading:

C. W. Baiter, Salt Lake City, Dec. 21, 1871,

SIR : — Leave this city or remain at your peril. You will be allowed until the first of
January next. YOUR FRIEND.

That confederate, it was shown, was one John Kramer, alias
"Dutch John," who had testified that Baker admitted to him that he
had "done some hard swearing" in this case, and had said that he
had to do it for he was "out of money," and that he was going to
"fool them all." Mr. Fitch, in conclusion, maintained that it would
be most unjust to allow men to stand committed upon such testimony.

Major Hempstead closed the argument for the defense. He
denounced the crime as a most atrocious one. He had been engaged
in the original inquest, and he regretted to say that, after the most
faithful scrutiny, he, with all others who took part therein, had
failed to find a single clue leading to the identification of the guilty
parties. He then reviewed the testimony given at the present inves-
tigation and showed that while Buttervvood might be an honest man,
there were serious inconsistencies in his statement, and that none of
it really implicated anyone in the commission of the crime. Mr.
Baker, he said, was positive of too much; he remembered every
thing that occurred and many things that did not occur. Major
Hempstead held that there was evidence of fraud in the testimony of
this witness.

U. S. Attorney Bates made the closing argument. He admitted
that the testimony was not sufficient to convict the defendants, but
he thought it ample to justify their detention to await the action of
the Grand Jury. Mr. Bates' argument was entirely free from the
animus so apparent in the remarks of his assistant, Mr. Maxwell,

670 HISTORY OF UTAH.

and was in the nature of a plea for justice both to the living and
the dead.

Judge McKean, in summing up the case, manifested his usual
bias. He spoke as if he were engaged on the side of the prosecu-
tion. He briefly went through the testimony, palliated the discrep-
ancies of the witnesses Baker and Butterwood, but conceded that the
evidence was stronger against Messrs. Hampton, Blythe and Toms
than against Mr. Burt. It was his judgment that Alexander Burt
should be discharged, and the others committed to await the action
of the Grand Jury.

An order to that effect was accordingly made, bail being refused.
John Brasher, who had been arrested with the others and confined
at Camp Douglas, was released with Mr. Burt, there being no evi-
dence to implicate him.

It was a foregone conclusion what the Grand Jury would do.
Immediately on assembling they found indictments against Messrs.
Hampton, Blythe and Toms, for the murder of Dr. Robinson; and
not only that, but they actually indicted for the same crime Alex-
ander Burt, who had proved an alibi at the investigation, and had
been discharged by order of Chief Justice McKean. Mr. Burt was
re-arrested on the 20th of January, and forthwith rejoined his
imprisoned co-defendants.

Prior to that, however, another act in this strange drama — so
tragical in some of its phases, so farcical in others — had been played.
The witness, Charles W. Baker, twelve days after the close of the
investigation at which he testified, went before a notary public and
made the following affidavit:

TERRITORY OF UTAH,

SALT LAKE COUNTY.

>ss.

Be it remembered that on this 3rd day of January, 1872, personally appeared Charles
W. Baker, who was by me sworn in due form of law. and who, on his oath, did say that
he is the identical Charles W. Baker who was a witness in an examination before the
honorable James B. McKean, Chief Judge of the Supreme Court of the Territory of Ulali.
commencing on the 14th day of December and terminating on the 23rd day of December,
1871, at Salt Lake City ; wherein John L. Blythe, James Toms, Alexander Burt and Brigham
Y. Hampton were charged with the murder of J. King Robinson, at Salt Lake City, in the

HISTORY OF UTAH. 671

county of Salt Lake and Territory of Utah on the 22nd day of October, 1866. He further
says that the testimony which he then on said examination gave was wholly untrue and
false. He further says he was hired to give said testimony by S. Gilson. That it was
agreed between him and the said S. Gilson and others :

That he was to be paid the sum of five hundred dollars, no matter what might be the
event of the proceedings and one thousand dollars for each person that was or might be
convicted.

That during the time he was engaged in said testimony and detainment, his board
was paid by said Gilson and others, at the Revere House in said city.

He therefore voluntarily now makes this statement upon his oath.

He further says he had a plat of the grounds and of the street in the city of Salt Lake,
near to the place where the murder was committed, furnished him by S. Gilson, which
plat, before he gave evidence, was carefully studied, so that he might understand it. *

He further says that since he so gave his testimony he has carefully reflected on the
enormity of the crime he has committed and is aiding and carrying out, and he has
concluded to make amends, so far as it is now in his power.

He further says that, on or about the 16th day of December, 1871, he had a conver-
sation with Thomas Butterwood, who then informed this affiant that he was hired to give
his testimony, in the above named case, and that his testimony was not true.

[Signed], C. W. BAKER.

Subscribed and sworn to before me this third day of January, A. D. 1872.

JOHN T. GAINE, Notary Public.

Hon. Thomas Fitch gave as a probable reason why Baker made
the foregoing affidavit that he had failed to receive his promised
reward. If this was the case the wrong done him was evidently soon
righted, for a few days later he turned another moral summersault,
and reiterated his former statement. Says Mr. Fitch, in his speech
before the Constitutional Convention, from which we have already
quoted: "After making this affidavit somebody persuaded Baker to
go before the Grand Jury and repeat the false statements he had made
before the examining magistrate.! While Baker was giving his testi-

* Later, Deputy Marshal Gilson was arrested upon a complaint sworn to by one John
Thomas, charging him with using threats to induce the complainant to sign an affidavit
retracting certain statements that he had made as a witness in the Baker-Robinson affair.
Gilson was examined before Justice Samuel W. Richards early in May, 1872, and held in
bonds to await the action of the Grand Jury.

fSoon after Baker's confession of perjury, President Young withdrew his standing
offer of five hundred dollars for the arrest and conviction of the murderers of Dr.
Robinson, it being evident that the various rewards offered for that purpose, aggregating
nearly ten thousand dollars, constituted an inducement to unprincipled men to perjure
themselves by engaging in schemes for convicting innocent persons.

672 HISTORY OF UTAH.

mony the Grand Jury had in their possession the affidavit I have just
read, and yet, will it be believed? they refused to consider the
affidavit; they refused, although requested', to send for the three
witnesses by whom the fact of Baker's voluntary signing and
swearing to it could have been proved ; they refused to even
question Baker about it, or to ask him to explain it, while upon his
testimony alone they indicted Blythe and Toms. There was no
evidence so base or worthless but was sufficient to indict a Mormon
upon; there was no evidence sufficiently damning to indict a man
who would swear against Mormons. From the closed doors of this
grand inquest the counsel for Blythe and Toms turned to Judge
McKean. Upon a proper legal affidavit they asked him to have
Baker brought before him for examination upon a charge of perjury;
he refused to issue a warrant or make any examination, on the
ground that the Grand Jury had had the subject under considera-
tion. Baker was then arrested and taken before a Mormon justice."
This Justice was Hon. Jeter Clinton, and it was on the morning
of the 24th of January that the proceedings before him in the Baker
perjury case began. The affidavit upon which the defendant was
arrested was signed by Leverett Bean. Judge Hoge appeared for the
people, and General Maxwell for the accused. The affidavit was read
to the prisoner, after which he was given until 2 p. m. to plead. A
request by Mr. Maxwell that his client be admitted to bail was
granted, the amount being fixed at one thousand dollars. Maxwell
offered as security a check on Wells, Fargo and Go's Bank, but it
being an informal proceeding, the check was refused and the prisoner
detained in custody. At the hour designated the examination was
resumed, Assistant District Attorney High now being associated with
Judge Hoge in the prosecution. A motion by General Maxwell for
the discharge of the prisoner, on the ground that the affidavit
on which he had been arrested failed to state that he had testified
falsely on any material point, was opposed by Mr. High, who read in
refutation of Maxwell's statement certain portions of the affidavit,
which closed as follows: "And particularly was it untrue and false

HISTORY OF UTAH. 673

that he, the said Charles W. Baker, was at the Theatre on the night
of the 22nd of October, 1866; that he went from the Theatre down
the street toward the Mansion House about eleven o'clock of the
evening of the 22nd of October, 1866, and stopped at the corner of
the street nearly opposite the Mansion House, and that he and
another man went toward Main Street of said city, and that he and
another man saw what he called a drunken row, and turned into a
gate and there saw two men running east whom he recognized as the
said Blythe and Toms. This affiant further says

that he firmly believes that the said Charles W. Baker, by reason of
the testimony, so as aforesaid by him given, did knowingly, wilfully
and corruptly commit the crime of perjury."

The motion to discharge the prisoner was overruled. The coun-
sel for the defendant then waived examination, — "thereby admitting,"
says Mr. Fitch, "that there was probable cause to believe Baker
guilty of perjury," — and requested the court to fix the amount of bail.
Mr. High suggested, in view of the gravity of the charge, that it
be placed at five thousand dollars. Judge Clinton remarked that he
did not think exorbitant bail should be required in any case, and he
set the amount at three thousand dollars. General Maxwell stated
that the defendant was not prepared to give bail and asked that a
mittimus be issued and the prisoner turned over to the custody of
the U. S. Marshal to await the action of the Grand Jury, which had
adjourned until February 20th. Baker was accordingly remanded.
Evidently this was deemed by his attorney the surest way to prevent
him from making any more affidavits that might tend to establish
the innocence of the Mormon prisoners. Not long afterwards Baker
was released on a writ of habeas corpus issued by Judge Strick-
land—Judge McKean then being absent from 'the Territory— and
temporarily disappeared from view. Returning to Salt Lake City he
next assumed the role of a common thief, and having been convicted
of grand larceny, was sentenced to two years' imprisonment.*

* Baker's trial took place in the Probate Court in December, 1872. On May 15th,
1873, he was released by Judge Boreman on a writ of habeas corpus, on the ground that
the Territorial statute giving criminal jurisdiction to Probate Courts was invalid.

47-VOL. 2.

674 HISTORY OF UTAH.

The men who had been cast into prison upon the uncorrobo-
rated testimony of this self-confessed perjurer, were held in custody
by the United States Marshal from the close of the investigation
in January, 1872, till the latter part of April, several days after
the Englebrecht decision was given. At first Messrs. Hampton,
Burt, Ely the and Toms were confined in the City Jail, in company
with Hosea Stout and William H. Kimball, a special apartment
having been fitted up for them in the building occupied by the
Salt Lake Fire Department. On the 22nd of March, however,
they were removed to Camp Douglas, the transfer, it was under-
stood, being due to the numerous visits paid the captives by their
friends, who sought to cheer their imprisonment; a proceeding
upon which anti-Mormon malice could not look with any degree of
allowance.

Meantime District Attorney Bates, who on the 13th of January
had left Salt Lake City for Washington, had arrived at his desti-
nation and made full reports of his professional course in Utah
to Attorney- General Williams and President Grant. It seems
that just prior to Mr. Bates' departure for the East he had beer
solicited in the interest of President Young and his imprisonec
brethren to use his influence to have them admitted to bail.
Thereupon he had telegraphed to the Attorney-General as follows:
" Cases against Brigham Young continued until March. Bills for
keeping prisoners accumulating. Defendants ask to be released
on good bail. Shall I consent?" To which General Williams hac
replied: "Admit defendants to reasonable bail." This was on
January llth. Either Mr. Bates did not have an opportunity to
move in the matter before leaving, two days later, for Washington,
or he was restrained by the consideration that Judge McKean had
already declined to admit President Young and the other defend-
ants to bail. At any rate nothing appears to have been done by
him in the direction indicated. A few days after his arrival at the
capital, however, his assistant, Mr. High, received from him the
following telegram :

HISTORY OF UTAH. 675

WASHINGTON, D. C., January 26th, 1872.
James L. High, Deputy United States Attorney :

The Attorney-General directs that you move the court to bail in such sums as will
secure the attendance of all criminals, to save expense.

GEORGE G. BATES, .

U. S. District Attorney.

Pursuant to this instruction Mr. High, on the 31st of January,
made a motion in the Third District Court for the admission to bail
of prisoners in all criminal cases then on the calendar. The cases
named by him were as follows:

The People vs. Stephen Morrison and James Lewis, indicted for
larceny ;

The People vs. Andrew Stephens — assault with intent to maim;

The People vs. James Wales — murder;

The People vs. James Harrington — murder;

The People vs. Brigham Young, Sr., Daniel H. Wells, Hosea
Stout and William A. Hickman — murder;

The People vs. Brigham Young, Sr., William A. Hickman, Morris
Meacham and William H. Kimball — murder;

The People vs. Alexander Burt, James Toms, John L. Blythe
and B. Y. Hampton — murder;

The People vs. John Beegan — murder;

The People vs. John Allan — murder;

The People vs. - — Jones — murder.

Judge McKean refused to grant the motion, stating that "it
would be a most pernicious precedent." " Besides," said he, "there
are reasons which cannot be made public why these prisoners
should not be admitted to bail — reasons which District Attorney
Bates cannot have communicated to Attorney-General Williams,
and to which Mr. Bates seems quite indifferent. Indeed he is known
by the court to have made, in other particulars, serious mis-
statements in regard to affairs in Utah." Not long afterwards Judge
McKean supplemented this verbal attack upon Mr. Bates by a
personal visit to Washington, where he strove, in conjunction with
Messrs. R. N. Baskin, A. S. Gould and others, not only to counteract

676

HISTORY OF UTAH.

the influence which he believed Mr. Bates was exercising against
him, but to secure that gentleman's removal from office. Mr. Gould
was the Salt Lake agent of the Associated Press, and made it his
egpecial business to "work the wires" to the hoped for detriment of
the District Attorney. The successor to the latter desired by Judge
McKean was Mr. Baskin. Thus was opened between the Chief
Justice and U. S. Attorney Bates a breach that never closed.

On the llth of March Assistant District Attorney High
obtained an order of court that witnesses then present for the trial
of President Young should give their recognizances to appear when
called upon. This was all that was done in the case, though the
trial had been set for that day. The reason of this postponement
was the absence of Chief Justice McKean and District Attorney
Bates, the latter not having yet returned, and the former having set
out some days previously for the national capital, leaving Judge
Strickland to act temporarily in his place.

Judge McKean's object in visiting Washington has already
been stated ; also, in part at least, the purpose of the District
Attorney. That the latter, at the time of his departure from Salt
Lake, had an anti-McKean motive in his breast is very probable.
Like Mr. Hempstead — who had resigned the office of District
Attorney rather than prosecute longer under Judge McKean's illegal
rulings — Mr. Bates had become disgusted with the doings of the
Utah crusaders and the confusion in which they had involved the
judicial affairs of the Territory. He had resolved to make a plain
and thorough statement to the Attorney-General and the President,
in order that something might be done to end the legal embroglio.
Whether or not he advised the removal of Judge McKean, does not
appear. It is a fact, however, that he was accused by the latter's
supporters of so doing, and it was this that took the Chief Justice to
Washington. McKean was a great favorite with Dr. Newman, the
Chaplain of the Senate, by whom his course in Utah was believed to
be largely inspired, and it is well known that Newman's influence
over President Grant was very great. Upon them, therefore, as

HISTORY OF UTAH. 677

against Attorney-General Williams and Solicitor-General Bristow,
who favored Bates, McKean relied in the diplomatic fight that now
took place between himself and Utah's District Attorney. In this
contest the Mormons had no share, though they naturally
sympathized with Mr. Bates, whose course was also approved by the
large majority of the non-Mormons of Utah. Judge McKean's fol-
lowing was "the ring" and its adherents, who, though a small
minority among the Gentiles, made up for lack of numbers in activity
and noise. The following telegrams from Washington to the New
York Herald will give some idea of the tactics employed by the
Bates and McKean parties at the capital :

February 28th.

The President today received the memorial of the Gentile citizens of Utah, endorsing
the course of District Attorney Bates, of that Territory, as being calculated to advance the
best interests of the United States, and the due course of justice, without immediately
jeopardizing the peace and prosperity of Utah, and denouncing the efforts being made
against him. Nearly fifteen hundred signatures are appended to the memorial. Another,
endorsing the course of Judge McKean and signed by three hundred Gentiles was also
received. Both memorials were referred to the Attorney-General, who will tomorrow
hear the verbal explanations of Judge McKean.

February 29th.

Mr. A. S. Gould, of Utah, accompanied by R. N. Baskin, formerly United Stales
District Attorney in that Territory, called at the White House today to present the
memorial of three hundred Gentile citizens of Utah, endorsing the course of Judge
McKean and expressing the signers' high opinion of him as a man and a judicial officer.
Mr. Gould was cordially received by the President, who assented to the terms of the
memorial by remarking that the loyal people could have no higher opinion of Judge
McKean than himself. After these formalities a rather pleasant conversation followed on
affairs in Utah. The President expressing anxiety lest mining interests should suffer as a
consequence of the troubles in the Territory, he was assured that there was no
apprehension of a conflict damaging to any material interests, and no disposition on the
part of the Gentiles toward Mormon persecution. The movement in Utah was aimed,
they said, against the theocratic despotism established by Brigham Young and his
Apostles. Judge McKean will meet the President and Cabinet tomorrow. The
Gentile memorial sustaining District Attorney Bates, as against Judge McKean, has two
thousand signatures attached to it.

How reliable the representation to the President that the
material interests of Utah would not suffer by reason of the policy

678 HISTORY OF UTAH.

pursued by Judge McKean and his official satellites, is partly
indicated by the following dispatch which appeared a few days prior
to the publication of the others, in the columns of the Cincinnatti
Times :

WASHINGTON, 15th.

The legal complications in Utah are inflicting serious injury upon the mercantile
interests of that Territory. A representative of a large mining corporation, after having
spent $250,000 in litigation in Utah Courts, telegraphed to Salt Lake yesterday to discon-
tinue all suits. This action was taken by advice of the most eminent legal practitioners
before the Supreme Court of the United States, to the effect that under the mixed jurisdic-
tion of the Territory and the United States, the service of process was unlawfully made
by the Marshal, and all judgments by the juries as drawn are invalid.

The closing sentence of this telegram was a prediction of the
nature of the Englebrecht decision, which now hung, like the fabled
sword of Damocles, above the devoted head of Utah's Chief Justice.

A Washington correspondent of the Chicago Post, under date of
January 29th, in reporting to that journal the substance of an inter-
view with District Attorney Bates, threw additional light upon the
views of that official and upon affairs at the capital concerning Utah.
A few paragraphs of the interview are here inserted :

I met on Thursday your former townsman, George C. Bates, now United States
District Attorney for the Territory of Utah. He is here by the order of the Attorney-
General, to attempt to extricate the United States government from the very serious legal
difficulties into which it has been brought, as it would seem, by inconsiderate action, at
the instigation perhaps of over-zealous and ignorant advisers.
***********

Upon assuming the proper functions of his office, Mr. Bates found that the former
law officers of the Government had wrought almost inextricable and inexplicable con-
fusion in the law matters of the Territory and the Government.

***********

Mr. Bates upon arriving there found that there was not a single cause pending in the
courts, under the act of Congress of 1862, above cited, prohibiting polygamy, or in which
the United States was a party, or in which the acts of Congress, as such, were involved.
He also found that the Territorial Supreme Court had decided that in all criminal cases,
from which there was no appeal, it was a United States Court ; assuming thus, in an
extra-judicial and unauthorized manner, a chameleon-like jurisdiction. This Territorial
court also claimed that all its Grand and Petit jurors must be and had been, drawn as a
United States jury under the law of Congress, although the court itself was not a United
States court, and had no authority to look to other laws than the statutes of the Territory

HISTORY OF UTAH. 679

by which it was created, and the general common law of the land. The court had
assigned multifarious and most peculiar duties to the United States District Attorney. Mr.
Bates discovered that the judges had determined it to be his duty to prosecute all criminal
causes pending in every district of the Territory, although cases of purely local
character, in which the United States had no concern ; that he must prosecute Brigham
Young for lascivious cohabitation in the United States Court, as well as a common
strumpet for breach of the peace in the saw-dust of a Territorial Police Court.

###* * ** * * * #

He was to prosecute all sorts of people, for all manner of infractions of purely
Territorial laws, the offenses in question being defined and punishable only by Utah
statutes. He was to do all this for the United States, and in addition, to provide his own
jail and penitentiary, since the United States had none. The Mormon Territorial
Legislature, acting in apparent harmony with the judicial decisions of the Federal officers,
had determined that if the United States government was resolved to conduct the
prosecution of the Police Courts of the Territory, it might also undertake to pay the
expenses of the judicial procedure. Consequently the Territorial Legislature refused to
make any appropriations of money for the Territorial courts, which had assumed to be
exclusively Federal courts. The result was and is, that the United States Marshal has
incurred an expense of some eighteen thousand dollars for the ordinary expenses of the
courts and the care of prisoners, and that the United States is utterly without funds to
continue the existing prosecutions against the leading Mormons, and this, too, while
the Mormon leaders avail themselves of the best legal counsel the country affords,
regardless of expense. The indictments themselves run as follows : " The people of the
United States for the Territory of Utah," and end, "against the statutes of the
Territory of Utah, and the peace and dignity thereof," a legal process which, upon
its very face, is merely a procedure of a Territorial court, if ordered to be conducted
exclusively by Federal officers, in conflict with all the precedents of the Territories, and
as it would appear, in violation both of the organic act of the Territory and of the
Constitution of the United States. The Grand Jury of this complex court has found all
the indictments now under prosecution. The question of the legality and validity of its
organization is soon to be tested in the United States Supreme Court, and, I am informed,
on the best authority, that within a very few days the Supreme tribunal of the nation will
decide that this jury is utterly invalid and unlawful, and that all its pretended acts

are simply personal trespasses, without shadow of authority or effect in law.
***** ******

One peculiar and suspicious circumstance connected with these prosecutions is the fact
that under the law, as interpreted, the United States Marshal is empowered to serve every
writ for every petty offense, under Territorial statutes as well as United States laws,
throughout the entire Territory, which will result, if he ever gets his fees, in giving him
an annual income equal to four times the salary of the President of the United States.

Mr. Bates, in general, speaks very kindly of the Federal officers of the Territory, not-
withslanding the fact that this peculiarly constituted Grand Jury has, since his departure
for Washington, solely at direct order of the Attorney-General, presented him " for
endeavoring to obstruct the due administration of justice." Mr. Bates thinks that most of

680 HISTORY OF UTAH.

the officers are men of honest intentions and clean records, but declares that they have
been lamentably deficient in legal knowledge. Of Judge McKean, Mr. Bates says that he
believes him to be a very pure and honest man. From other sources than Mr. Bates, I
learn that the chief trouble with Judge McKean is, that he has a " mission," and that lie
considers it his judicial duty to advocate the claims of Methodism, and to batter down the
walls of the harems of the Utah Turks, rather than impartially to interpret the laws of
the Territory as he finds them. Judge McKean was at one time a Methodist preacher,
and he seems to be unable to get out of his clerical harness, or to separate old-time
denominational enthusiasm from his judicial duties. He is, moreover, considered to be
the particular adjutant of the Methodist Chaplain of the Senate, the Rev. Dr. Newman —
now known as the " Ecclesiastical Cyclone !"
***** * * * *

This gentleman (Dr. Newman) sometime since, while traveling in Utah, entered into
a public discussion in Salt Lake with Orson Pratt, upon the subject of Mormonism, and
they do say that he did not well hold his own. Since that time Mr. Newman has been
very active in assisting Judge McKean in fighting the good battle of the faith for the des-
truction of polygamy in Utah, and between them the desired result is a long way off.

Another peculiar feature in this legal jumble was the assignment, by Judge McKean,
of Baskin to be U. S. Attorney ad interim. A U. S. Attorney ad interim was probably
never before heard of in the history of the Government. A U. S. Attorney can only be
appointed by the President and confirmed by the Senate. It is not in the power of any
judge to appoint a person to that position ad interim. Yet this man Baskin, who has
himself a somewhat unenviable record, did act for a long time as U. S. Attorney ad
interim, and it was under his efforts that the original indictments were framed.

Mr. Bates, notwithstanding the attacks upon him, in every step that he has taken
has had the entire approval of the law officers of the Government. He has official
records which show that his action has been approved in every instance, both by the Attor-
ney-General and by Solicitor-General Bristow, who is one of the most gifted legal men that
has ever occupied that position. The agent of the Associated Press at Salt Lake, who is
eager to attack the District Attorney, Mr. Bates believes is acting in behalf of some
material interests without regard to the directions of his employers."

The contest between the two non-Mormon factions, both of
which had influential representatives at the capital, continued. Mr.
Bates, though President Grant had given him the cold shoulder, and
even intimated, it is said, that his resignation would be acceptable,
was strongly entrenched, as has been shown, in the confidence of
Attorney-General Williams and Solicitor-General Bristow. He
evinced, therefore, no great eagerness to gratify the Executive by
handing in his resignation. His labors at Washington were about
equally divided between defending himself against the onslaughts of

HISTORY OF UTAH. 681

the McKean party — who were determined to effect his removal and
secure the appointment of Mr. Baskin — and appealing to Congress
for an appropriation to aid in prosecuting the cases then pending in
the Federal courts of Utah. Both Mr. Bates and Judge McKean
went before the Judiciary Committee of the House of Representatives
and gave each his version of the local question during their stay at
Washington. It was understood that the President would have taken
summary action and removed Mr. Bates from office, but that he was
waiting for the decision of the Supreme Court in the Englebrecht
case, before putting himself upon record in that matter. Besides
Judge McKean, Mr. Bates, Mr. Baskin and other citizens of Salt
Lake now at the seat of Government, all anxiously awaiting the out-
come, were Hons. George Q. Cannon, Thomas Fitch and Frank
Fuller, the purpose of whose presence in Washington at this time
will be explained in the following chapter.

It was on Monday, the 15th of April, 1872, that the Supreme
Court of the United States rendered the famous Englebrecht
decision, by far the most important ruling ever given by that
august tribunal in relation to the general affairs of the Territories.
The interests involved have already been dwelt upon. It only
remains, therefore, to note the salient points of the decision, and
record the immediate effects thereof. It was the unanimous
expression of the Supreme Bench, and was voiced by the Chief
Justice, Hon. Salmon P. Chase. We quote from the record:

SUPREME COURT OF THE UNITED STATES.
No. 379— DECEMBER TERM, 1871.

Jeter Clinton, J. D. T. McAllister, A. Burt, Brigham Y. Hampton, C. Ringwood, W.
G. Phillips, William Hyde, Charles Livingston, Charles Crow, J. Reading, J. Toms, A.
Burt, F. Curtis, D. W. Leaker, J. McRae, J. W. Sharp, P. McKennon, Thomas Burchell
and R. Smith, plaintiffs in error, vs. Paul Englebrecht, Christian Rehmke and Frederick
Lut/. In error to the Supreme Court of the Territory of Utah.

The principal question for consideration is raised by the challenge of the defendants
to the array of the Jury in the Third District Court of the Territory of Utah.

The suit was a civil action for the recovery of a penalty for the destruction of certain
property of the plaintiffs by the defendants. The plaintiffs were retail liquor dealers in

682 HISTORY OF UTAH.

the city of Salt Lake, and had refused to take out a license, as required by an ordinance
of the city. The defendants, acting under the same ordinance, thereupon proceeded to
the store of the plaintiffs and destroyed their liquors to the value, as alleged, of more than
twenty-two thousand dollars.

The statute gave an action against any person who should wilfully and maliciously
injure or destroy the goods of another for a sum equal to three times the value of the
property injured or destroyed. Under this statute the plaintiffs claimed this three-fold
value.

The act of the Territorial Legislature, passed in 1859. and in force when the jury in
this cause was summoned, required that the County Court in each county should make
out from the assessment rolls a list of fifty men qualified to serve as jurors; and that thirty
days before the session of the District Court, the clerk of that court should issue a writ to
the Territorial Marshal, or any of his deputies, requiring him to summon twenty-four
eligible men to serve as petit jurors.

These men were to be taken by lot in the mode pointed out by the statute from the
list previously made by the clerks of the county courts, and their names were to be
returned by the Marshal to the clerk of the District Court. Provision was further made
for the drawing of the trial panel from this final list, and for its completion by a new
drawing of summons in case of non-attendance or excuse from service, upon challenge or
for other reason.

For the trial of the cause the record shows that the court originally directed a venire
to be issued in conformity with this law, and that a venire was issued accordingly, but not
served or returned. 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 Marshal.

Twelve jurors of this panel were placed in the jury box, and the defendants chal-
lenged the array on the ground that the jurors had not been selected or summoned in con-
formity with the laws of the Territory and with the original order of the court. The
challenge was overruled. Exception was taken and the cause proceeded. Both parties
challenged for cause. Each of the defendants claimed six peremptory challenges. This
claim was also overruled and exception was taken. Other exceptions were also taken in
the progress of the cause. Under the charge of the court a verdict was rendered for the
plaintiffs, under which judgment was rendered for fifty-nine thousand and sixty-three dol-
lars and twenty-five cents ($59,063.25) and on appeal was affirmed by the Supreme Court
of the Territory. A writ of error to that court brings the cause here.

It is plain that the jury was not selected or summoned in pursuance of the statute of
the Territory. That statute was, on the contrary, wholly and purposely disregarded, and
the controlling question raised by the challenge to the array 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 theory upon which the various governments for portions of the Territory of the
United States have been organized has ever been that of leaving to the inhabitants all the

HISTORY OF UTAH. 683

powers of self-government consistent with the supremacy and supervision of national
authority, and with certain fundamental principles established by Congress. As early as
1784 an ordinance was adopted by the Congress of the Confederation providing for the
division of all the territory ceded or to be ceded into States with boundaries ascertained
by the ordinance. These States were severally authorized to adopt for their temporary
government the constitution and laws of any one of the States, and provision was made
for their ultimate admission by delegates into the Congress of the United States. We thus
find the first plan for the establishment of governments in the Territories authorized the
adoption of State governments from the start, and committed all matters of internal legis-
lation to the discretion of the inhabitants, unrestricted otherwise than by the State consti-
tution originally adopted by them.

This ordinance, applying to all territories ceded or to be ceded, was superseded three
years later by the ordinance of 1787, restricted in its application to the territory northwest
of the river Ohio — the only territory which had been actually ceded to the United States.

It provided for the appointment of the Governor and three Judges of the court, who
were authorized to adopt, for the temporary government of the district, such laws of the
original states as might be adapted to its circumstances. But, as soon as the number of
adult male inhabitants should amount to five thousand, they were authorized to elect rep-
resentatives to a House of Representatives, who were required to nominate ten persons
from whom Congress should elect five to constitute a Legislative Council ; and the House
and Council thus selected and appointed were thenceforth to constitute the Legislature of
the Territory, which was authorized to elect a Delegate to Congress, with the right of
debating but not of voting. This Legislature, subject to the negative of the Governor and
certain fundamental principles and provisions embodied in articles of compact, was

clothed with the full power of legislation for the Territory.

* * * *****:(:

In all the Territories full power was given to the Legislature over all ordinary sub-
jects of legislation. The terms in which it was granted were various, but the import was
the same in all.
** * *****

The language of the section conferring the legislative authority in each of these acts
[the organic acts of Wisconsin, Kansas, Nebraska and Utah Territories] is this :

" The legislative power of said Territory shall extend to all rightful subjects of legis-
lation, consistent with the Constitution of the United States, and the provisions of this
act; but no law shall be passed interfering with the primary disposal of the soil. No tax
shall be imposed upon the property of the United States, nor shall the lands or other
property of non-residents be taxed higher than the lands or other property of residents."

As there is no provision relating to the selection of jurors in the Constitution, or the
organic act, it cannot be said that any legislation upon this subject is consistent with
either. The method of procuring jurors for the trial cases is therefore a rightful subject
of legislation, and the whole matter of selecting, empaneling and summoning jurors is left

to the Territorial Legislature.
#####**** #

It is insisted, however, that the jury law of Utah is defective in two material particu-

684 HISTORY OF UTAH.

lars : First — That it requires the jury lists to be selected by the county court, upon which
the organic law did not permit authority for that purpose to be conferred. Second — That it
requires the jurors to be summoned by the Territorial Marshal, who was elected by the
Legislature, and not appointed by the Governor. We "do not perceive how these facts, if
truly alleged, would make the mode actually adopted for summoning the jury in this case
legal. But we will examine the objections.

In the first place we observe that the law has received the implied sanction of Con-
gress. It was adopted in 1859. It has been upon the statute book for more than twelve
years. It must have been transmitted to Congress soon after it was enacted, for it was the
duty of the Secretary of the Territory to transmit to that body copies of all laws on or
before the first of the next December in each year. The simple disapproval by Congress
at any time would have annulled it. It is no unreasonable inference, therefore, that it
was approved by that body.

In the next place we are of opinion that the making of the jury lists by the county
courts was not a judicial acl. Conceding that it was not in the power of the Territorial
Legislature to confer judicial authority upon any other courts than those authorized by the
organic law, and that it was not wiihin its competency to organize county courts for the
administration of justice, we cannot doubt the right of the Territorial Legislature to asso-
ciate selectmen with the judge of probate, and to call the body thus organized a county
court, and to require it to make lists of persons qualified to serve as jurors. In making
the selection, its members acted as a board, and not as a judicial body.

Nor do we think the other objection sound, viz.: That the required participation of
the Territorial Marshal in summoning jurors invalidated his acts, because he was elected
by the Legislature, and. not appointed by the Governor. He acted as Territorial Marshal
under color of authority, and if he was not legally such, his acts can not be questioned
indirectly.

But, we repeat, that the alleged defects of the Utah jury law are not here in question.
What we are to pass upon is the legality of the mode actually adopted for empaneling the
jury in this case. If the court had no authority to adopt that mode, the challenge to the
array was well taken and should have been allowed.

Acting upon the theory that the Supreme and District Courts of the Territory were
courts of the United States, and that they were governed in the selection of jurors by the
acts of Congress, the district court summoned the jury in this case by an open venire.
We need not pause to inquire whether this mode was in pursuance of any act of Con-
gress, for if such act was not intended to regulate the procuring of jurors in the Territory
it has no application to the case before us. We are of opinion that the court erred both
in its theory and in its action.

The judges of the Supreme Court of the Territory are appointed by the President
under the act of Congress, but this does not make the courts they are authorized to hold
courts of the United States. This was decided long ago in the American Insurance Com-
pany vs. Canter (I Peters, 546), and in the later case of Benner vs. Porter (9 How., 235).
There is nothing in the Constitution which would prevent Congress from conferring the
jurisdiction which they exercise, if the judges were elected by the people of the Territory
and commissioned by the Governor.

HISTORY OF UTAH. 685

**********

There is no Supreme Court of the United States, nor is there any District Court of
the United States, in the sense of the Constitution, in the Territory of Utah. The judges
are not appointed for the same terms, nor is the jurisdiction which they exercise part of
the judicial power conferred by the Constitution or the general government. The courts
are the legislative courts of the Territory, created in virtue of the clause which authorizes
Congress to make all needful rules and regulations respecting the Territories belonging to
the United States. (American Insurance Company vs. Canter, 1 Peters, 545.)
* * * * * * * * * * *

The Organic Act authorized the appointment of an Attorney and a Marshal for the
Territory, who may properly enough be called the Attorney and Marshal of the United
States for the Territory, for their duties in the courts have exclusive relation to cases arising
under the laws and Constitution of the United States.

The process for summoning jurors to attend in such cases may be a process for exer-
cising the jurisdiction of the Territorial courts when acting in such cases, as circuit and
district courts of the United States ; but the making up of the lists and all matters con-
nected with the designation of jurors are subject to the regulation of Territorial law.
And this is especially true in cases arising, not under any act of Congress, but exclusively,
like the case in the record, under the laws of the Territory.
*** ***** ***

Upon the whole we are of the opinion that the jury in this case was not selected and
summoned in conformity with law, and that the challenge to the array should have been
allowed. This opinion makes it unnecessary to consider the other questions in the case.

The judgment of the Supreme Court of the Territory of Utah must be reversed.

Upon the joy that filled the hearts of the citizens of Utah
generally when it became known that the court of last resort had
reversed Judge McKean's ruling relative to the manner of drawing
and empaneling jurors, thereby invalidating nearly all that the
crusaders had done during a twenty months' misuse of power, we
need not dwell. Neither do we care to portray the deep chagrin and
disappointment of the scheming "ring" and its small but active
following over the disastrous failure of their unfair and iniquitous
efforts to further persecute and enslave their fellow citizens. Suffice
it to say that, excepting such as were identified with or had given
their allegiance to the conspiring cabal, whose evil and reckless
course had received such a sudden check, the Gentiles, scarcely less
than the Mormons, were pleased with what had taken place. Judge
McKean, who had sat in the Supreme Court and heard the opinion
as it fell from the lips of Chief Justice Chase, was almost in despair;

686 HISTORY OF UTAH.

and well he might be, for the decision was the death-knell to his
amhitious hopes of future preferment, based upon his anti-Mormon
career, and half dug already was the official grave into which, a few
years later, he ignominiously descended. Nevertheless he tried to
bear up bravely, and made no secret of the fact that he strongly
dissented from the unanimous disapproval of his official course
expressed by the highest tribunal of the land. Even as the
obstinate juryman who complained that his eleven confreres were
"stubborn" for not seeing eye to eye with him, Judge McKean
insisted that the Supreme Court's decision was "bad in law," and
solaced himself with the reflection that he was none the less right,
though practically the world was against him. He proved, like Gold-
smith's pedagogue, that "e'en though vanquished he could argue
still."

Among the dispatches that flew over the wires from Washington
to the Utah capital, just after the rendering of the decision, were the
following:

WASHINGTON, D. C., April 15th, 1872.
To Manager W. U. Telegraph Office, Salt Lake :

The judgment of the Supreme Court of Utah in the case of Englebrecht vs Clinton,
Mormon test case, was reversed by the Supreme Court of the United States today. Jury
unlawfully drawn ; summonses invalid ; proceedings ordered dismissed. Decision unani-
mous. All indictments quashed. WHITNEY, Manager,

Washington.

WASHINGTON, D. C., April 15th, 1872.
To Daniel H. Wells, Mayor:

Chase delivered the unanimous opinion in the Englebrecht case. The opinion says
the laws of empaneling juries are a rightful subject of legislation. The Territorial jury
law must be followed even when trying offenders against the laws of the United States.
There is no Supreme or District Court of the United States in Utah, as defined by
McKean. The Territorial Supreme Court erred in its judgment. The judgment is
reversed. No dissent. THOMAS FITCH.

WASHINGTON. D. C., April 15th.
To James L. High, Dep. U. S. Ally:

Court unanimously reversed judgment vs. Clinton. Decide also that juries must be
drawn under legal statute. U. S. Marshal and District Attorney perform duties as in
States. Geo. C. BATES.

U. S. District Attorney.

HISTORY OF UTAH. 687

WASHINGTON, 15th — The Supreme Court today rendered a unanimous decision in
the Mormon case, Clinton against Englebrecht, reversing the judgment of the Supreme
Court of Utah on the ground that the jury which tried the case was not selected con-
formatory to law ; that the summons was invalid ; and it follows that the indjctments
against Mormons for lewd and lascivious cohabitation are illegal, and all proceedings had
against them must fall to the ground. The decision sustains the position taken by the
Utah District Attorney Bates.

WASHINGTON, 17th. — U. S. District Attorney Bales, of Utah, yesterday directed James
L. High, his deputy, to apply to Justice Hawley forthwith for an order for the discharge
of all the defendants held by the U. S. Marshal under the void indictments found by the
late U. S. Grand Jury, the Supreme Court having decided that the Grand Jury was
illegally drawn by that officer, he having no legal authority. All their arrests have been
illegal, and as they are now held in violation of law, their further detention would subject
the Marshal to the charge of trespass."

A few extracts from leading newspapers of that period, anent the
Englebrecht decision, are here presented. Under the heading,
"McKean's Muddle Ended," the Chicago Post gave utterance to the
following :

In accordance with universal expectation the Supreme Court of the United States
has decided that Judge McKean's mixture of courts, juries, statutes and indictments in
the Territory of Utah invalidates all the work undertaken by that zealous but unreasoning
Daniel. * The righteousness of the decision will be applauded

throughout the country, despite the regret, equally universal, that such a decision must
carry with it so many mortifying consequences. McKean's zeal a'erleaped itself ; and the
$30,000 expended uselessly under his dictation have contributed to Mormon material
wealth in the past, and must now contribute many fold more to Mormon jubilation.
* Judge McKean's usefulness in Utah as an evangelizer is not in the least
impaired. He may still prove a Daniel to convert, but he cannot longer be a Daniel
to convict. The Supreme Court of that Territory should now be placed in the hands
of an experienced judicial officer who has more or less appreciation of the distinctions
between local and general courts, and will not summon juries by statutes under which
they cannot act.

The New York Tribune said :

The decision is considered as very damaging to the Administration, as Judge McKean
was supported in the course he took by the President, though Attorney-General Williams
was always of opinion that the proceedings in Utah were illegal. The prosecution of the
Mormons was known to be a distinctively Administration measure set on foot by the
advice of Rev. J. P. Newman, after his return from Salt Lake, where he went to discuss
polygamy with some of the prominent Saints.

688 HISTORY OF UTAH.

Said the Boston Post :

It is understood that United States District Attorney • Bates, who was to be removed
because of his having opposed McKean's course and decision, taking the same ground of
unconstitutionality that the court has just sustained, will now tender his resignation. He
considers himself fully vindicated as a lawyer. It will be remembered that he had pn>-
viously refused to resign when requested to by the President. Judge McKean was in the
Superior Court while the Chief Justice read the decision from a full bench. He still
affirms the constitutionality of his own views.

From the San Francisco News-Letter:

The decision is a very important one, and is a virtual declaration by the highest
authority in the land that no portion of the people of the United States — however
abhorrent their religious faith — can be deprived of their liberties except by due process of
law. In the prosecutions and indictments against the Mormons Chief Justice McKean, his
associates, political intriguers and anti-Mormon religious sects, combined to overthrow the
liberties of the Mormon people. * * * But the anti-Mormon fanatics in their zeal
twisted and distorted the law to carry out their purposes. They have ignominiously
failed, and the American people can feel grateful and secure that the Supreme Court —
always the pride and hope of the nation — will be governed by law, and not by passions
and prejudices.

Many other papers, some of them among the leading journals of
the country, uttered sentiments similar to the foregoing.

Pursuant to the instructions of U. S. Attorney Bates, his
assistant, Mr. High, as soon as he had received an official copy of
the decision of the Supreme Court, declaring illegal the method pur-
sued by the Utah Judges in empaneling juries, moved in the Third
District Court that a nolle prosequi be entered in the cases of all
persons held under indictments found by grand juries so em-
paneled, and that an order be issued for their release. The
court granted the motion and the order was issued. On motion
of Mr. High an order was also given to the U. S. Marshal to
turn over to the Territorial Marshal all persons against whom
indictments had not yet been found, but who were held upon war-
rants from committing magistrates. On motion of Mr. Hempstead
an order was made cancelling all bonds given by parties under indict-
ment for lewd and lascivious cohabitation. The court also ordered
that all papers connected with offenses against Territorial statutes,

HIStOBY OF UTAH. 689

thereafter issued by its clerk, be directed to the Territorial Marshal.
The date of these proceedings was April 30th. In the evening of
that day Messrs. Hosea Stout, William H. Kimball, John L. Blythe,
Brigham Y. Hampton, Alexander Burt and James Toms were released'
from custody, as was also the notorious Bill Hickman. On the 2nd
of May the bail of Thomas Hawkins was reduced from $20,000 to
$5,000, pending the passing upon his case by the Supreme Court of
the Territory. The reduced bail was given and the defendant was
set at liberty. He was never re-arrested, Judge McKean in the
Supreme Court reversing his former decision against him.

President Young was already free. His case had been brought
on a writ of habeas corpus before Judge Elias Smith of the Probate
Court of Salt Lake County, where, after a two days' hearing closing
on the 25th of April, it was ordered that the petitioner be given his
freedom. Judge Zerubbabel Snow appeared for the President and
Messrs. J. L. High and C. K. Gilchrist for Marshal Patrick, the
respondent.

The rage of the ring at the failure of their conspiracy and the
liberation of their intended victims found vent in curses both loud
and deep. The next move of the indefatigable plotters against the
peace and welfare of the community that so patiently tolerated them
was to send abroad a fresh batch of sensational falsehoods in the
shape of dispatches purporting to depict a terrible condition of
affairs in Utah, and especially at Salt Lake City, as the result of the
recent decision of the court of last resort. These dispatches were so
outrageously libelous that the ire even of the non-Mormons was
aroused against the slanderers, a fact shown by the following tele-
gram in refutation of their evil reports :

To the Press of the Country :

The undersigned residents of Salt Lake City, without distinction of party, feel it to
be their duty for various reasons, but more especially in the public interests of truth and
fairness, to disabuse the public mind of certain false impressions which have been made
of late by special telegrams sent from this city to the San Francisco Chronicle, New
York Herald and other papers.

It is not true as has been represented that " great excitement exists in Utah" on

48-VOL. 2.

690

HISTORY OF UTAH.

account of the recent decision of the Supreme Court of the United States, reversing
decision of Judge McKean in the Englebrecht case.

His not true that the police are " specially busy 'arresting saloon keepers and
merchants."

When these telegrams were sent forward only one arrest had been made, and in th
case a notice to appear had been served the day before the Supreme Court decision wa
announced.

It is not true that " bloodshed is imminent " on account of said decision.

Life and property are today as secure in Utah as in any State or Territory of the
Union. In short the statements above referred to have not the shadow of a foundation
in truth, and we solemnly declare that the peace and good order of this community have
been and are uninterrupted ; nor is there the slightest reason to apprehend any disturb-
ance whatever.

It is a 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 intensely sensational.

The undersigned present this statement of facts, to the end that business men abroad
who have interests in Utah may not be deceived and misled :
Warren Hussey, Prest. First National Bank,
Theo. F. Tracy, Agt. Wells, Fargo & Co.,
B. M. DuRell, Prest. Salt Lake City National Bank,

Thos. P. Akers,
E. M. Barnum,

D. B. Stover,
Hadley D. Johnson,

E. H. Shaw,
John McGonigle,
John Wiggin,
Jno. N. Whitney,

Salt Lake, April 27th, 1872.

F. Goodspeed,
C. E. Wallin,
H. C. Goodspeed,
R. C. Chambers,

Joab Lawrence,

Jo. Gordon,

A. W. Nuckolls,

Jas. W. Stainburn,

Jos. Stephens,
H. A. Reed,
Thos. Davis,
Geo. E. Whitney,
J. W. Raskins,
H. S. Jacobs,
J. H. Todman,
Wm. C. Campbell.

All the signers of this dispatch were non-Mormons.

HISTORY OF UTAH. 691

CHAPTER XXIV.

1872—1874.

THE CONSTITUTIONAL CONVENTION OF 1872 A PROPOSITION TO ABANDON POLYGAMY FOR

STATEHOOD CONGRESS ASKED TO STATE TERMS FOR UTAH'S ADMISSION VISIT OF THE

JAPANESE EMBASSY THE FIRST DEMOCRATIC AND REPUBLICAN ORGANIZATIONS IN THE TER-
RITORY THE MORSE MEMORIAL MEETING MORE NOTED VISITORS INDIAN DEPREDATIONS

THE FIRST LADY LAWYERS IN UTAH THE PALESTINE PARTY MORMON TOURISTS ON THE

MOUNT OF OLIVES MORMONS EXPLORING IN ARIZONA CAMP CAMERON ESTABLISHED A

MILITARY EPISODE AT SALT LAKE CITY THE JAIL ASSAULTED BY TROOPS ANTI-MORMON

OPPOSITION TO STATEHOOD UTAH AGAIN REFUSED ADMISSION INTO THE UNION.

*HE pursuit of the theme embodied in the preceding chapters
down to the climacteric event of the Englebrecht decision, has
hurried forward the pen of the narrator in advance of a
certain historic happening too important to omit or to only briefly
mention, and to which the attention of the reader must now be
called. We refer to the Constitutional Convention of February,
1872, the object of which was to secure the admission of Utah into
the Union as the free and sovereign State of Deseret.

As is well known this was not the first movement of the kind
which had been made since the inception of the Territory. Never
before, however, had the people, or their representatives — for it was
the Legislative Assembly that put on foot the project — been so
thoroughly in earnest in their efforts to throw off the shackles of
Territorial serfdom, rendered so galling during the past two years by
the tyrannical conduct of the resident Federal officials. What they
had done was known, and known but to be detested and deplored;
what they intended doing could only be surmised and dreaded. It
was the general feeling throughout Utah that some action should be
taken to put an end to the prevailing reign of tyranny and terror,
which promised to continue so long as Judge McKean and his official
coterie held sway. Statehood was regarded as the way of escape

692 HISTORY OF UTAH.

from the evils present and impending. Not only was this the senti-
ment of the Mormon people, who were practically a unit on the
proposition, but it was the desire of many of the non-Mormons of
the Territory, the majority of whom, though they may not have
favored the admission of Utah as a State, were not, as has been
shown, in sympathy with the despotic and illegal course pursued bj
the anti-Mormon crusaders. These feelings bore fruit in the calling
of the convention, of whose proceedings we will now treat.

Up to its nineteenth session, held in 1870, the Territoris
Legislature had met annually, but this order had been changed bj
act of Congress, so that it was the twentieth regular, and first
biennial session of the Assembly which convened in the City Hall at
Salt Lake City, on the 8th [of January, 1872, and organized by elect-
ing Hon. Lorenzo Snow President of the Council, and Hon. Orson
Pratt Speaker of the House. The members, in their care for the
public weal, were prompt in adopting the measures which they
believed would contribute toward bringing a change in the anomalous
and unpleasant condition of affairs. The means of relief sought
being, as stated, in an application for admission into the Union,
early in the session a bill was passed providing for and calling a
convention to adopt a state constitution and submit it to the people.
On the 27th of January, the proposed act was vetoed by Governor
Woods, whose message was an acrimonious criticism of the Legisla-
ture for passing it. The law-makers gave little heed to the not
unexpected malediction of His Excellency, and effected their purpose
by immediately adopting a joint resolution containing the provisions
of the vetoed bill. The Constitutional Convention, to consist of one
hundred and four delegates, was called to meet at Salt Lake City on
the 19th of February, and the election of those delegates was set for
the 5th of that month. The response of the people at the polls was
as general as the course of their representatives had been earnest
and decisive, and evinced a willingness on the part of an over-
whelming majority of the citizens to consider the formation of a
State government.

HISTORY OF UTAH. 693

In the nominations for delegates to the convention, which
were made at mass meetings of the voters, distinctions of party and
creed were pet aside. Of the nineteen delegates from Salt Lake
County, nine were non-Mormons. One of these, S. Sharp Walker,
declined the nomination, as he was "entirely opposed to the
admission of Utah as a State." The public, however, attributed the
actual reason of his declination to the fact that the Liberals had just
named him as their candidate for Mayor at the approaching
municipal election in Salt Lake City. General E. M. Barnum's name
was substituted as a delegate, and received the endorsement of the
electors at the polls. The following comprised the Salt Lake County
delegation: Mormons — Orson Pratt, Albert Carrington, Aurelius
Miner, John Sharp, Albert P. Rockwood, Reuben Miller, William
Jennings, George Q. Cannon, John T. Caine and Zerubbabel Snow;
non-Mormons — David E. Buell, William Haydon, Thomas P. Akers,
Thomas Fitch, P. Edward Connor, Enos D. Hoge, Frank Fuller, Eli
M. Barnum and Hadley D. Johnson. After the election, General
Connor refused to take part in the convention, claiming that he was
still a resident of California.*

The interim between the election of delegates and the assem-
bling of the convention was pleasantly relieved by a visit to Utah's
capital of Hon. Charles E. DeLong, United States Minister to Japan,
accompanied by the Japanese consul at San Francisco and the
Japanese Embassy, -which included such high dignitaries of the
ancient empire as its Junior Prime Minister, a Privy Councilor, the
Ministers of Finance, of Public Works, of the Foreign and Judicial
departments, Chief Chamberlain of the Imperial Court, Brigadier-

* At the citizens' mass meeting which placed in nomination the Salt Lake County
delegation, the following was adopted by acclamation : " Resolved, that it is the candid
opinion of this large assembly that Chief Justice James B. McKean, in many of his official
acts, and especially in refusing the bail recently asked for by the deputy U. S. District
Attorney, J. L. High, under instructions from Washington, has manifested so unwise and
oppressive a spirit, and so misused the power of his office, that his judicial course richly
merits condemnation ; and his removal from office is asked for in behalf of justice and
equal rights for all before the law."

694 HISTORY OF UTAH.

General of the Imperial Army, and a large number of other distin-
guished officials. Their object in coming to America was to establish
diplomatic and commercial relations with the United States. A com-
mittee of reception appointed by the City Council went to Ogden and
met the embassy, and the entire party reached Salt Lake on
February 4th. On Tuesday, the 6th, a reception was given by the
municipality to its honored guests, at which were introduced to them
city and federal officials, officers of the garrison at Camp Douglas,
members of the Legislature, and other public functionaries and
prominent citizens. At the close of the ceremonies at the City
Hall, the embassy were entertained at the mansion of Hon. William
Jennings, from which place they proceeded to the Tabernacle, and
then to the residence of President Brigham Young, with whom a
pleasant and extended interview was held. On the 7th the visitors,
with Governor Woods, Chief Justice McKean, Mayor Wells, the Ter-
ritorial Legislature, and other officials and leading citizens, went to
Camp Douglas upon an invitation from General Morrow, at whose
quarters Prince Sionii Tomomi Iwakura, the Chief Ambassador, held
a reception. General Morrow, accompanied by the Japanese General
Yamada, also inspected the troops. The following day the Utah
Supreme Court extended to the Japanese Chief Justice and hu
associates a formal reception, while at the Townsend House, or
February 9th, " the first day of the fifth year of the reign of His
Majesty, the Emperor of Japan," the embassy gave a complimentary
dinner to the City Council committee and prominent officials. The
visitors remained until the 22nd, when they departed for the East.
The Constitutional Convention assembled on the 19th of
February, three days after the adjournment of the Legislature, and
in its permanent organization chose General E. M. Barnum as Presi-
dent. When the regular order of business was entered upon, the
constitution of the State of Nevada was selected as a basis.* It was

* On the day that the convention met — February 19th — Hon. John Cradlebaugh,
formerly an associate justice of Utah, and subsequently first Delegate to Congress from
Nevada, died at Eureka, in that State.

HISTORY OF UTAH. 695

at this point that Judge William Haydon moved that the convention
adjourn sine die. He^ stated that he had been elected to the con-
vention without his consent, and that he was opposed to a state
government, for the reason that the people had not declared in favor
of it by public meetings and resolutions, petitions, etc.; that the pop-
ulation of the Territory was insufficient; that the increased taxation
would be an onerous burden on the citizens, and that the convention
was called without the authority of Federal or Territorial law.
With the exception of the question of increased taxation, these
points of objection had all been raised by Governor Woods in his
veto message.

The motion led to a long and animated discussion, reaching to
the close of the third day's session of the convention. The princi-
pal speakers were General Buell, Hon. Thomas Fitch, Colonel Akers,
H. D. Johnson, Esq., General Barnum, Hon. George Q. Cannon and
Judge Haydon. When a vote was taken, the result was ninety-three
to one against the proposed adjournment.

It was during the consideration of this motion, on the second
day of the convention, that Mr. Fitch delivered his great speech,
from which several excerpts have been presented in previous chap-
ters. It was a careful, non-partisan and elaborate review of Utah
affairs. In the mass meeting which nominated Mr. Fitch as a dele-
gate to the convention, he announced a policy that he had deter-
mined to pursue if elected. One feature of it was the advocacy of a
concession by the majority in Utah regarding the practice of plural
marriage. He said that he wished no person to vote for him as
delegate under a misapprehension. He would give his earnest effort
toward framing a state constitution that should recognize the toils,
sacrifices and services, and protect the rights and interests of the
pioneers who had built up a prosperous community in the wilder-
ness ; but he would also have I that constitution provide for the
necessities and interests of young, progressive Utah. He would
endeavor to help frame an instrument that would " assimilate
the social and political life of Utah to that of all the other States,

(50(5

HISTORY OF UTAH.

and that would aid to render her institutions homogeneous with
theirs."

In accordance with his previously declared intention, Mr. Fitch,
while addressing the convention, made an impassioned appeal to the
delegates to incorporate in the constitution which they were about to
frame a provision in harmony with what he believed to be the urgent
necessities of the situation. Said he: "An influential Mormon said
to me, not long since, upon his return from a trip east : ' I am
satisfied that there is no safety for us without a- State government,
and that we can have no State government without concessions.'
He stated the case with mathematical precision. There is no safety
for the people of Utah without a State government; for under the
present condition of public affairs, their property, their liberties,
their very lives, are in constant and increasing jeopardy.''

The speaker gave a concise narrative of the events of the
religio-judicial crusade of McKean and his coadjutors up to the
incarceration of Brigham Young, Mayor Wells and others, and
continued :

This is but a beginning — what will be the end ? Look over your public history and
guess, if you can, the possible extent of the perils which environ you. Consider the facts
and consider the falsehoods. There is not a misfortune which has befallen the people of
Utah, there is not a slander that has been circulated against them, there is not an evil
deed committed by a desperate outcast anywhere in this Territory during the last twenty-
five years, but that may, by the help of perjury and malice, be framed into an accusation
and conviction of hundreds of innocent men. Consider that when the Mormons turned
their backs upon the Missouri a quarter of a century ago, and sought in the distant deserts
a place where they could preach and practice their strange faith unmolested, they were
followed each year by a few desperate outcasts. They were joined by men who were
outlawed for crime as the Mormons were outlawed for religion. Men who had com-
mitted deeds whose detection was imminent, or men who sought to escape the pangs of
conscience — such men followed the tide of Mormon immigration ; they attached them-
selves to Mormon trains ; they professed belief in the Mormon faith, and devotion to the
Mormon leaders. They madt themselves useful in a hundred ways by their knowledge
of frontier life and a frontier country. It was impossible to know their histories, it was
impossible to fathom their motives. They were often brave or desperate men whom it
was not safe to offend, and so they were tolerated, given food, given shelter, given employ-
ment, although seldom wholly trusted. In all ages such men have sought the society and
protection of religious associations. Every monastery of central and southern Europe in

HISTORY OF UTAH. 697

the last century contained a few robbers and murderers who became monks to escape the
rack, and sought the sanctuary to shun the jail. Let such men be tempted by a promise
of safety or money, or be threatened with punishment, and they will come forward and
attempt to swear their crimes upon others whose lives and hearts contrast with theirs as
the white snow contrasts with the mire which it sometimes covers with its gentle
garments of pity, or as the still and shining stars contrast with the lurid and hissing
meteors they encounter in their march through space. How many of such men are there
in Utah ? Convicted liars, professional thieves, confessed assassins, trembling perjurers,
who have hung for years upon the outskirts of the little societies which gathered together
and built themselves up amid these mountain fastnesses. One such man has served to
accuse and caused to be imprisoned several of your most honored citizens. Half a dozen
such, instigated by cowardice and sordidness, would crowd every jail in the Territory.

After referring to some of the incidents and circumstances con-
nected with the " Echo Canyon war," Mr. Fitch proceeded :

The Mormon people are judged abroad, not by their thousands of deeds of charity
and kindness, but by a few deeds of blood unjustly accredited to their leaders. You will
never hear how tens of thousands of people have been brought from famine and hopeless
toil to lives of peace and plenty, but you will hear of the Mormon rebellion and of
Mormon outrages. You will never hear of the thousands of emigrants who have been
fed and sheltered and succored, but the Mountain Meadows massacre is in every mouth.

This partial judgment of the Mormons has .necessarily some foundation. It would
be strange indeed if in the eventful careers of these followers of strange lights, these
pioneers of a new theology, these builders of queer temples, these wanderers of the
frontier, these architects of a desert state, these men who have faced the storm and the
savage, who have wrestled with the sterility of nature and the hatred of man, who have
been in a state of almost constant war with somebody ever since their prophets were
murdered in Carthage Jail, these men who have been environed with difficulties, and
almost submerged with falsehood ever since they first forded the Platte ; I say it would be
strange indeed, if, when a drag net is thrown over their lives, some isolated facts should
not be elicited which could be so twisted by a perjurer's tongue, and so shaped by an
unscrupulous and relentless prosecution, as to secure convictions from packed and preju-
diced juries. I marvel that so little should have been brought forward thus far. I marvel
that it is only the assassin Hickman who is now dragged out of the deep. There are
others, doubtless, who await his success to embark in the same business.
Perhaps the end of all this will be that some good men will be judicially murdered, and
many others incarcerated in felons' cells.

You are standing on the verge of an awful precipice ; your foes have guarded every
outlet ; your only chance is to break their ranks and gain the path of safety by the path
of local sovereignty. You must have a state government. Every other interest should
bend to this end, every sacrifice should be made to secure it. Elsewhere there is no
strength, elsewhere there is no hope. Every other refuge of good men, every other pro-
tection of innocent men, is closed in your faces. A state government means juries not

698 HISTORY OF UTAH.

selected from a class, but impartially from all citizens ; it means judges chosen by a
majority of the people and not appointed from abroad ; it means officers of your own
selection ; it means honest and economical government ; it means equal taxation ; it means
peace ; it means security ; it means exemption from persecution — in a word, it means
power — not the power of theocracy, nor yet the power of a ringocracy, but the essence of
democratic-republican government ; the power of an intelligent, virtuous, public-spirited,
popular majority. It means for Utah a practical establishment of those theories of gov-
ernment which our revolutionary fathers struggled and sacrificed to establish, which their
sons struggled and sacrificed to maintain. It does not, as has been sometimes suggested,
mean the establishment of theocratic, or autocratic, or personal rule. Those who appre-
hend such results reason in a narrow circle ; those — if such there be — who hope for such
results fail to recognize the surroundings. A small and isolated society may be ruled in
the primitive patriarchal fashion, but a large prosperous community with contending
interests cannot in the nature of things be thus governed. The very conditions on which
a state government would be obtained in Utah would be necessarily self-enforcing, and
every right and privilege of every citizen would be secure.

The principal obstacle in the way of obtaining a state government is one which is in
the power of the people of Utah to remove ; it is the obstacle of an anomalous,
unpopular social institution. It is indeed true that the local opponents of a state
government offer other reasons and endeavor to make other difficulties against the admis-
sion of Utah into the Union — but these will not, in my opinion, be seriously regarded by
Congress. (The speaker here made a brief reply to the anti-state arguments of
insufficient population and increased taxation.) The objection to a state government, an
objection urged by a handful of people and an irresponsible guerilla press, that in case
Utah is admitted the Mormons will control her politics and elect her officers and
representatives, is an objection to which the Congress of the United States will in my
judgment accord no weight whatever. That body will, I venture to predict, see no good
reason why the Mormons, who constitute nine-tenths of the community, should not con-
trol public affairs here, and once satisfied that the social problem is in the way of a
peaceful and just solution, there will, I think, be a disposition to give Utah the privilege of
self-government.

The question of State government or no State government for the people of Utah
is simply a question of concession on the part of the people of Utah. I say a question of
concession. I doubt indeed if it be longer than that. The universal voice of a demo-
cratic-republican nation of forty millions of people seems to be consolidated into a demand
with respect to Utah, a demand which may perhaps be the offspring of prejudiced opinion,
but if so, it is an opinion which will not be enlightened and which cannot be disregarded
or overruled. The demand is that the future marriage laws and marriage relations of
Utah be placed in consonance with the rest of the Republic. The demand is that polyg-
amous or plural marriages shall cease. Accede to this demand and you may have a
State government, with condonation of the past, and secure exemption from persecution
for the future. Deny it and you will have neither a State government nor cessation of
persecution. The war is over, secession is dead, slavery is dead, and in the absence of
subjects of greater importance, Utah and her institutions will be the shuttlecock of Amer-

HISTORY OF UTAH. 699

lean politics to be bruised and beaten by the battledoors of party for the next decade,
unless she now grasp her opportunity and gain peace by gaining power.

In accordance with a public promise made when nominated to this convention, I
stand here today to advocate the surrender of polygamy. It may be that my utterances
in this behalf will take from me the friendship and support of many good men and
women ; if so I must even pay the penalty. It is easier to swim with the current than
to seek to stem it, and perhaps it is wiser, but whether or not it is a policy I have seldom
been able to practice. I have not permitted myself to be disturbed by the titles of "Jack
Mormon," " Apostate Gentile," " Saint Fitch," and " Apostle Fitch," which have been so
freely bestowed upon me during the last ten months by men whose small souls were
incapable of comprehending that it was possible to pursue a great purpose by a liberal
and comprehensive policy. That I am a friend of the Mormon people, wishing their
welfare and happiness, and willing to do all in my power to advance that end, I have
often publicly avowed by word and deed, and if my course in this respect shall have
inclined this assemblage today to give more weight to my utterances than would have been
otherwise accorded to them — then I am more than compensated for being often traduced
and steadily misunderstood by many who in times past honored me with their confidence
and support. In another forum than this it was my fortune two years ago to stand up
almost alone to ask the representatives of a great nation to be just towards an honest,
earnest, calumniated people, and perhaps I may stand alone today in asking the represen-
tatives of that same people to be just to themselves.

I am not here to attack polygamy from a theological, moral, or a physical — but from
a political standpoint. Certainly I do not propose to question the pure motives or the
honesty of those who believe in and practice it. I am inclined to agree with Montes-
quieu and Buckle that it is an affair of latitude, and climate, and race, and on these
grounds alone its existence among a Saxon people, living in the North Temperate zone, is
a climatic anomaly. It did not grow out of any structural, or race, or social, or climatic
necessities, and if it be, as asserted, the offspring of revelation here, I can only say
that it needed a revelation to start it. That it has scriptural patriarchal origin and
example is probably true, but that was in another age than ours, and in a different land.
If Abraham had lived on the line of the overland road in the afternoon of the nineteenth
century ; if Isaac had been surrounded by forty million monogamous Yankees ; if Jacob
had associated with miners and been jostled by speculators, there would, I apprehend,
have been a different order of social life in Palestine. The Mormon doctrine may be the
true theology, and the writings of Joseph Smith the most direct of revelations. The
practice of polygamy may be a safeguard against the vice of unlicensed indulgence, and
the social life of Utah the most sanitary of social reforms. All the advantages claimed
for this system may be actual, but nevertheless the fact exists that polygamy is an
anomaly in this Republic, existing hitherto by the sufferance of a people who now declare
that it shall exist no longer.

Do you doubt this decision on their part ? The evidences are all about you. Here is
a people who expended thousands of millions of treasure and myriads of life to establish
the freedom of the black race from oppression, and who yet regard with indifference if not
with complacency the assault which has been made upon the rights and liberties of

700

HISTORY OF UTAH.

American citizens in Utah because the object of those assaults upholds a hateful doctrinp.
Here is a people ordinarily jealous of the aggressions of rulers and officials, who yet
endorse acts of despotism and applaud assaults upon law and constitution because
such assaults are made for the destruction of polygamy.

What if judges should be changed, or policies altered ? It would bring but tem-
porary relief, for behind all, impelling all, contriving all, demanding all, enforcing all,
there dwells the unconquerable, all-pervading idea of the American people that polygamy
must be extinguished. On this one thing all parties, all creeds and all philosophies are
combined. The press calls for it, the pulpit thunders for it, the politicians rage for it, the
people insist upon it. You may delay the issue but you cannot evade it. Your antag-
onist is hydra-headed and hundred armed. Whether by bigoted judges, by packed juries,
by partizan officers, by puritan missionaries, by iron limbed laws, by armies from abroad
or by foes and defections at home, the assault is continuous and unrelenting. Your
enemies are ubiquitous. Your friends — ah ! it is your friends who advise you constantly
to baffle your enemies and resign the practice of this one feature of your faith. The his-
tory of all similar movements warns you ; the violated laws of latitude confront you ;
your children unconsciously plot against you, for, while p6lygamy is with you the result
of religious conviction, with them it is but the result of religious education, and an inoc-
ulated doctrine, like an inoculated disease, is never very violent or very enduring.

Can this people hope to retain polygamy against such influences and such antag-
onism ? Some tell me that they trust in God to uphold them in a struggle to keep
polygamy. Others would doubtless say they trust in God to uphold them in the struggle
to banish polygamy ; and others that there can in the nature of things be no assurance
that the Almighty will interest Himself in the matter, or espouse either side. The early
Christians trusted in God when the Roman emperors gave them to the wild beasts. The
Huguenots trusted in God when the assassins of St. Bartholomew's Eve made the gutters
of Paris reek with their blood. So trusted the Waldenses when their peaceful valleys
were given to rapine ; so trusted the victims whose despairing faces were lit by the glare
of Spanish auto da fe; so trusted the martyrs whose fagot fires gleam down the aisles of
history, so trusted the Puritans when driven out upon the stormy Atlantic ; so trusted the
Presbyterians when the Puritans persecuted them ; so trusted the Quakers when the
Presbyterians expelled them ; so trusted the Arcadians when driven from their homes ;
so trusted the myriads who in all ages have been sacrificed to the Moloch of religions
intolerance. Who shall say when or in what cases or in what way the ruler of the
Universe will interfere ? " Render unto Caesar the things that are Csesar's and to God the
things that are God's." A belief in polygamy is a matter between the citizen and his
God ; the practice of polygamy is a matter between the citizen and his country. If you
think the laws of God call upon you to believe in it — then obey them unmolested — but
the laws of your country call upon you not to practice it, so obey them — and be unmo-
lested. If for His own purposes the Almighty did not see fit to interfere by special and
miraculous providences to protect those who refused to recant their professions, is it
probable that He will so interfere to sustain those who refuse to surrender the practice of
an ordinance and that not a saving, although a sacred ordinance? I do not claim to know,
I do not know what the Mormon doctrine may be with respect to the practice of

HISTORY OF UTAH. 701

polygamy. I observe, however, that not one-tenth of your adult males actually practice
it, and I naturally conclude that you do not consider its practice essential to salvation ;
that it is something to be practiced or omitted as opportunity or ability may warrant. If
this be so, then may not that lack of ability or opportunity arise from the antagonism of
others, from the circumstances of the country, from overpowering laws, as well as from
the circumstances of the individual ? If one Mormon is permitted by his creed to say, I
believe in polygamy as a doctrine, but I do not practice it because my condition makes it
inconvenient or impossible, why may not another say — why may not all say — we believe
in it as a doctrine, but we agree not to practice it because the general conditions make it
inconvenient or impossible? Why may not the earnest, conscientious Mormon say, I
believe in polygamy as a doctrine, but in order to relieve my friends and associates from •
persecution, in order to prevent the establishment of intolerable oppression ; in order to
preserve the thrift, the industry, the wealth, the progress, the temperate life, the virtues of
Utah from spoliation and devastation and ruin ; in order to save a hundred noble pioneer
citizens from outlawry or the gibbet or incarceration ; in order to achieve self-government,
and peace, and liberty, I consent to surrender its practice for the future. And so consenting
I am content to embody my consent in the form of an organic law. So consenting I mean
in good faith to do as I agree to, and so agreeing make my agreement public and of record.

To say, on the other hand, that you will make no compromise, that you will die rather
than surrender the practice of this one feature of your faith, is the resolve of neither phil-
osophers nor philanthropists. Such a resolve means another Nauvoo ; it means that you
consent to count more of your religious leaders among your list of martyrs ; it means
death to some, exile to others, ruin to many. If such be the well considered, deliberate
determination of the Mormon people, there is no weapon in the armory of logic that will
prevail against it, for you cannot reason with him who is bent on suicide. I hope no such
conclusion has been or will be reached. I hope that the assembling of this convention
indicates a different and wiser resolve. I speak to this people as a friend. I speak to
them without thought of personal gain or advantage to myself to result from pursuing the
course I suggest. Before God and before this convention I do most solemnly assert that
did I intend to leave Utah forever on the morrow, I would give the same advice. Before
God and before this convention I do most solemnly declare that did I know my little life
would go out from earth with today's sun I would give the same advice.

To this convention I say, be wise in time. If you do not by this concession success-
fully organize a State government for yourselves now, the day is not far distant when your
foes will organize one over your heads, and organize it upon such terms as will ostracize
your most honored citizens from public place, if it do not disfranchise the body of your
voters. The political history of some of the reconstructed States lies open to your peru-
sal and for your warning. In politics as in finance the tendency of the age is to centrali-
zation. The triumphant career of a great political party demonstrates to you that there is
no government so strong as a government of opinion, that there is no law so powerful as
the will of a people. It is a turbulent and resistless torrent ; constitutional barriers are
swept down before it, laws are changed to accommodate it ; courts are overwhelmed or
carried away upon its crest, and institutions that lift up their voices against it are hushed
by its mighty thunders.

702 HISTORY OF UTAH.

Do not trifle with your opportunity. Do not wait the tardy action of Congress. Do
not entail upon yourself years of oppression. Do not play into the hands of your foes.
Do not close the mouths and tie the hands of your friends. -Believe rather that this is the
hour of triumph, that this is the "tide in your affairs which taken at the flood leads on
to fortune." Believe rather that out of the wise compromise, the wise concession, which
may have a beginning here, a happy future shall grow. That from this house the lovely
Slate of Deseret shall go forth, with her errors forgotten, with her virtues shining like
rubies upon her breast, to clasp hands with her sister States and march with them along
the highway of empire which stretches from sun to sun.

The movement for a state government was warmly supported by
all the speakers except Judge Haydon, the maker of the motion to
adjourn. In his second speech he severely criticised Mr. Fitch for
the latter's strictures upon Federal officials. He eulogized Judge
McKean, and declared that he himself represented the sentiments of
the Gentile portion of the community, and he would venture the
opinion that, outside of the non-Mormons on the floor of the con-
vention, there were not a hundred of that class in the Territory who
were in favor of a state government. In the closing part of his
address he turned his attention to the proposition to surrender
polygamy, and earnestly entreated the Mormons not to look with
favor upon the suggested concession. He said :

The peroration of my colleague's speech was mainly confined to appeals to the
majority to sacrifice what they call a divine ordinance of their religion for the coveted
bauble of a state government. Why, what change has come over the spirit of your
dreams, that you with greedy ears caught the sweet cadence of the pleader's voice,
wooing you from Gharybdis to be wrecked on the treacherous Scylla ! From conversa-
tions with many of you whom I believe to be gentlemen of integrity and honest religious
convictions, from what I know of your history, your persecutions, trials and privations for
your religion, I am not prepared to believe that, without a new revelation, prosperity has
so weakened your faith as to trade off a divine ordinance for a " tinkling cymbal."

I entertain too much respect for you, and so does the Christian world, to believe you
are sincere if you make the sacrifice unless new lights conscientiously guide you. Once
lose the respect the world has for honest devotees to your faith, and you are gone, gone,
GONE, like Lucifer, never to rise. What would you think of a Mohammedan, who, to
gain a peaceful entrance to a river and thereby enrich his coffers, would be willing to
sacrifice the Crescent for the Greek Cross ? Why, you would think and act as the Turk
thought and acted, and whom the Christian world sympathized with and granted succor to.
Why, if you did make the sacrifice, do you believe, without more light, that the world
would believe you were sincere ? No !

HISTORY OF UTAH. 703

Your very steadfastness to your faith amid the trying difficulties which encompassed
you, like the "still small voice," found a lodgment in thousands of honest hearts all over
the world. What will history write? What will the world say of a convention composed
almost entirely of Latter-day Saints, among whom are six Apostles and twenty Bishops,
ready and willing to sacrifice one of their divine ordinances for the sake of a State gov-
ernment?*

Hearken to the words of a Gentile who is no enemy of yours, but who has every
reason to be your friend ; who has no favors to ask except those that one Christian may
rightly demand of another : Stay where you are and bide your time ! "Learn to labor and
to wait" until a new ordinance shall manifest itself for your guidance !

There is no doubt that Judge Haydon voiced the sentiments
of the anti-Mormons. They did not want the practice of plural
marriage to cease, lest they should be without a plausible excuse for
their assaults upon the constitutional rights of the Mormons.
Through their influence many Gentile ladies were induced to sign a
petition, some of them without knowing what it contained, praying
Congress not to admit Utah as a State. Among the reasons assigned
for the request was the preposterous assertion that during all the
years that the Mormons had ruled Utah, no man's life and no
woman's honor had been safe if either stood in their way, and that
if the protection of the Government was withdrawn by the admis-
sion of the Territory the petitioners would have to abandon their
homes and go elsewhere. On learning what they had signed, quite
a number of the ladies repudiated the document, stating that its
contents had been misrepresented to them, and while they did not
favor statehood for Utah they denounced as false such statements as
those mentioned. The names of some, including a number of
children, had been signed without the knowledge either of them-
selves or their friends. A numerously signed petition by Mormon
ladies, praying for statehood, was also sent to Washington about the
same time.

* After the Convention had decided to go on with the work of framing a constitu-
tion, Judge Haydon stated that for fear Congress might " do an unwise thing by admitting
Utah," he would remain to the end of the session and endeavor to secure the adoption of
several provisions, one of which was : " Prohibition of polygamy hereafter, with heavy
penalties, including disfranchisement of all political rights for violation."

704

HISTORY OF UTAH.

On February 22nd, the fourth day of the convention, the
committee reported the Ordinance and Bill of Rights for the
proposed State. The ordinance was to " be irrevocable without the
consent of the United States and the people of the State of Deseret,"
and its fifth section drew forth the major part of the discussion in
the convention. It was a response to the appeal of Mr. Fitch.
While it contained no concession in regard to polygamy, yet it
inquired of Congress what were the conditions in relation thereto
that would satisfy the nation, and gave a pledge to abide by those
terms if the majority of the legal voters in the Territory should
accept them. The section as adopted read as follows :

Fifth — " That such terms, if any, as may be prescribed by Con-
gress as a condition of the admission of said State into the Union,
shall, if ratified by the majority vote of the people thereof, at such
time and under such regulations as may be prescribed by this con-
vention, thereupon be embraced within and constitute a part of this
ordinance."

The convention closed its labors on March 2nd, after electing
Hons. Thomas Fitch, George Q. Cannon and Frank Fuller to proceed
to Washington and co-operate with Delegate William H. Hooper in
presenting the constitution to the President and Congress. Thus it
was that those gentlemen were at the semt of Government when the
Englebrecht decision was delivered.

On the 18th of March, the election provided for in the constitu-
tion was held, the document being ratified by an overwhelming
majority of the voters in the Territory.* Ex-Governor Fuller was
chosen Representative to Congress from the proposed State, the Leg-
islature of which, at its session on Saturday, April 6th, selected
Hons. William H. Hooper and Thomas Fitch as Senators. Four
days previously the constitution had been presented in both branches
of Congress and referred to the appropriate committees.

An effort was now made to align the voters of the Territory
with the two great political parties of the nation. A call was

* The vote stood 25,160 in favor of and 365 against statehood.

HISTORY OF UTAH. 705

issued on March 15th, to the Republicans of Utah, inviting them
to send delegates to the party convention to be held at Salt
Lake City on the 5th of April. The call was signed by Frank
Fuller, Daniel H. Wells, Thomas Fitch, William Jennings and many
others. This was virtually the first effort to harmonize local
politics with those of the great national parties. On the 3rd of
April a call was also made, signed by Thomas P. Akers, Hadley D.
Johnson, E. D. Hoge and others, for a Democratic convention, to
meet on April 8th, at Salt Lake City. Delegates to each convention
were sent from various parts of the Territory, and met on the dates
named. Both conventions were enthusiastic in their work, and had
it not been for the fanatical anti-Mormon prejudice of the Liberal
Party, which secured the defeat of the statehood movement, and by
continued malicious assaults upon the Mormons compelled the per-
petuation of the People's Party as a measure of self-defense, it is
quite probable that the anomalous condition of political parties and
affiliations in Utah would in 1872 have become a memory of the past.
Diverting attention for a time from matters political, brief
mention may here be made of the Morse Memorial Meeting, held in
the City Hall at Salt Lake City, on Tuesday evening, April 16th,
simultaneously with the great national memorial meeting that con-
vened in the House of Representatives at Washington. Respond-
ing to the request of the National Telegraph Memorial Monument
Association, Mayor Wells issued a call for a public meeting at the
time and place named, where the people of the city could "join with
their fellow citizens throughout the union in the expression of
sympathy for the illustrious dead." The preparatory arrangements
for the solemn occasion included the draping of the City Hall
entrance, in front, of which the national flag floated at half mast, and
the placing of suitable decorations in the room where the services
were to be held. A wire had been stretched by Superintendent
Musser from the Deseret Telegraph office on East Temple Street to
the hall, and was connected with the necessary apparatus on a table,
thus placing the assembly in direct telegraphic communication with

49 -VOL. 2.

706 HISTORY OF UTAH.

the East. Upon being called to order by Mayor Wells, the meeting
organized, electing Hon. George A. Smith chairman; H. S. Eldredge,
George E. Whitney, Elias Smith, Joab Lawrence, Edward Hunter, J.
P. Taggart and Z. Snow, vice-chairmen; Lewis S. Hills, John T.
Caine and Theodore McKean secretaries; David W. Evans reporter,
and W. B. Dougall electrician. A committee on resolutions was
chosen, consisting of Brigham Young, Jr., Joseph F. Smith, E. D.
Hoge, C. H. Hempstead, E. M. Barnum, Theodore F. Tracy, John R.
Winder, Mrs. Hannah T. King and Mrs. George Dunford. The
following telegrams, sent during the day to the chairman of the
memorial meeting at Washington, D. C., were read:

From Mayor D. H. Wells: "Our citizens meet at half past
seven, Salt Lake City time, but fearing that their resolutions may
come too late for your meeting, I forward the following in advance:
Utah cordially joins the fraternity of States and nations in express-
ing sorrow at the demise, and the irreparable loss the world has
sustained in the decease of Prof. Samuel F. B. Morse. Each succes-
sive year developed through the genius of Morse additional gems of
electrical science, to the great benefit of mankind. In each develop-
ment he recognized the finger of divinity; and in his unostentatious
manner re-expressed the sentiment of his first telegram, 'What hath
God wrought!' His name will shine in letters of living light
throughout all coming ages."

From President Brigham Young: "Honor is due to the wise
and great. Professor Morse was both. My affections follow him to
the spirit world."

Here are the resolutions adopted by the meeting:

Whereas, it has pleased Almighty God, in His inscrutable wisdom, to call from earth
Professor Samuel F. B. Morse, a man of brilliant intellect, full of years and full of honors ;
therefore be it resolved :

First. — That while we bow in humble submission to the will of Him who " doeth
all things well," we cannot but feel that the world has lost one of its profoundest thinkers
and certainly one of its greatest benefactors.

Second. — That we regard no homage too great, no sentiment too dear, no language
too eloquent, to honor genius.

HISTORY OF UTAH. 707

Third. — That we cordially unite with the vast multitudes, now assembled everywhere
throughout the land, to do honor to him whose unrivalled genius made the lightning the
messenger of man, and taught the nations " the mystery of holding converse beneath
the seas."

Fourth. — That we recognize in the life and labors of the illustrious deceased his fit-
test monument — one which has its foundation in all lands, and which shall live as long
as time endures.

Fifth. — That we tender to the stricken family and friends of the deceased our heart-
felt sympathies, and point them to their only real consolation — the assured hope of reunion
and a blissful immortality beyond the grave.

General E. M. Barnum delivered an eloquent address on the life
and achievements of Professor Morse, and eulogistic remarks were
made by Hons. George A. Smith, C. H. Hempstead and Z. Snow.
The resolutions were telegraphed to the Memorial Association at
Washington.

Since the completion of the Pacific Railway an ever increasing
volume of tourists had come annually to Salt Lake to view the won-
ders and beauties of the chief city of Mormondom. Visits of
distinguished public men were not infrequent occurrences. By this
means the people of Utah were becoming better known and under-
stood, and a way was being opened for allaying, in part at least,
the intense feeling of prejudice which beset them.

The first of those prominent in national political life to call at
Salt Lake City in the season of 1872 was the Secretary of the
Interior, Hon. G. H. Delano, who, accompanied by Mrs. Delano,
General McDonald and wife, and others, was en route eastward from
an extended tour of the Pacific Coast. The party were warmly
welcomed during their two days' stay, and were highly pleased with
their visit. The following month — June 16th — the excursion of the
Iowa editorial fraternity, consisting of over one hundred persons,
reached Utah's capital. Their reception and entertainment by Presi-
dent Young, Hons. George Q. Cannon, Frank Fuller, William H.
Hooper, General Morrow and others, they designated, in resolutions
adopted upon their return home, as a " continuous ovation." The
Iowa editors made a slight divergence from the usual line of travel

708 HISTORY OF UTAH.

to the Pacific Coast by accepting an invitation of H. S. Jacobs & Co.,
and going from Lake Side, Davis County, .to Corinne, Box Elder
County, on the steamer City of Corinne. The citizens of that towi
gave them a cordial greeting.

By the last week in July the Presidential campaign between
Grant and Greely was in full swing in the States, and as Senator
John A. Logan was at that time in Salt Lake City he was induced to
make a political speech in the Liberal Institute. His reference to
local matters was brief, and complimentary to the resources of the
country and the industry and energy of the people. In this con-
nection he expressed an idea fully in accord with the sentiment of
the great majority of the citizens, of the Territory, namely : that
there seemed "but one thing necessary to make them happy, and
that was good government." His address was a strong advocacy of
the re-election of President Grant.

In August carne General James A. Garfield, who was then a
member of the national House of Representatives. He was accorded
every courtesy and kindness by the representative men of the com-
munity. He was accompanied by Major Svvaim. Their speci?
business at this time was to effect the removal to a reservation of
the Flathead Indians in Montana. On August 24th, twelve days
after General Garfield's departure, General George B. McLellan anc
party were met and welcomed by a committee of citizens, and like-
wise hospitably entertained.

A gentleman who had become endeared to the people of Utah,
and especially those connected with its earlier history, reached Salt
Lake on November 26th. This was General Thomas L. Kane, of
Pennsylvania. He was accompanied by his wife and two sons. The
General was an invalid, still suffering severely from wounds receive
during the Civil War, while fighting for the Union, and which
eventually caused his death. His trip westward was taken on the
advice of his physician, who thought that the mild winter of the
California climate would be beneficial to the patient's health. Dur-
ing the winter General Kane made a visit to the warm region in

HISTORY OF UTAH. 709

Southern Utah, returning from there to Salt Lake City, February
27th, 1873.

The most notable visitant to Utah during the latter year was
Hon. James G. Elaine, Speaker of the national House of Represen-
tatives, who was then on his Pacific Coast tour and stopped over at
Salt Lake from the 23rd to the 26th of May. The municipal council
extended to him the hospitality of the city, and his party were met at
Ogden by a committee comprised of Delegate W. H. Hooper, Mayor D.
H. Wells and other leading citizens. On the Sabbath they attended
divine worship in the Tabernacle, and at the close of the services
continued their journey westward. For their convenience, the train
on which they traveled was run up from the railway station to the
south gate of the Temple Rlock — the first time that such an inci-
dent had occurred.*

Hon. Cyrus W. Field, the pioneer of the Atlantic Cable system,
and Rev. Charles Kingsley, the celebrated novelist and divine,
chaplain to Queen Victoria, also visited Utah at this interesting
period of her history, and were accorded a public reception at Salt
Lake City. The date of their arrival was May 15th, 1874.

One week later came General A. W. Doniphan, who has already
been mentioned in connection with the Missouri experiences of the
Latter-day Saints. He it was who, at Far West, in 1838, denounced
the proposed execution of Joseph Smith and other Mormon leaders
as cold-blooded murder, in which he would have no participation.
The second day after General Doniphan's arrival, Henri Rochefort,
the noted French communist, who had been banished to New Cale-
donia and had lately made his escape, reached Salt Lake, en route to

* Included in the personnel of the party were the following ; James G. Blaine,
Horace F. Clark, Gail Hamilton, Mr. Routledge, the publisher, and the British Minister to
Japan. At the Tabernacle the party listened interestedly to a discourse by Elder George
G. Bywater, and were not a little surprised to be informed by Bishop John Sharp, their
local chaperone, that the speaker was the engineer of the railway train which had brought
them from Ogden to Salt Lake, and upon which they were about to return to the Junction
City.

710 HISTORY OF UTAH.

Europe from his temporary and enforced abode on an island in the
South Pacific Ocean.

It has been stated that the Black Hawk Indian troubles of 1865-
69 ended all organized warfare on the part of the aborigines in Utah.
The spring of 1872, however, witnessed some desultory depreda-
tions by the savages, which threatened at one time a general out-
break. The primal cause of disaffection among them was the
treatment received at the hands of some dishonest Government
agents, and acts of lawlessness committed by renegade white men.
These troubles did not originate in Utah, but in the northern Terri-
tories, whence they spread to this region.

During the previous autumn hostilities in Southern Utah and
Arizona had been barely averted by the good offices of Jacob
Hamblin, the well known Indian interpreter, who, at Fort Defiance, on
November 2nd, 1871, concluded a treaty of peace on behalf of the
people of this Territory with the principal chiefs of the Navajoes.
When winter was over the scene of trouble was shifted farther
north, and while the majority of the savages were friendly to the
settlers, a portion of them seemed bent on mischief. This was
partly an effect of the warlike feeling exhibited at that time by
hostile tribes generally throughout the country.

Under these circumstances Special Indian Agent G. W. Dodge
early in 1872, sought to redress the grievances complained of by th(
Indians, and distributed large quantities of flour, beef and other
supplies among them. The unruly ones, however, became mor
insolent with the efforts to pacify them, and levied a burdensome taj
on the settlements in central Utah by their persistent begging and
stealing. On the 16th of June, in a raid by a band of Shiberetch
Indians upon Twelve Mile Creek, Sanpete County, Niels Heiselt, Jr.,
of Pleasant Grove, was killed. The next two months witnessed
series of depredations in which several white men were shot and
large number of stock driven off. From friendly Indians it was
learned that the hostiles were mostly members of unorganized bands
such as the Capotahs, Mogoots and Elk Mountain Utes.

HISTORY OF UTAH. 711

During the period when the major portion of these outrages
were committed several hundred Indians were paying friendly visits
to the settlements in Sanpete, Sevier, Juab and Utah Counties. As
some of them moved about in small companies, there was difficulty
in distinguishing which of the roving bands were hostiles. Colonel
Dodge endeavored to simplify the situation by having all peaceable
red men return to the reservation, but these could not be made to
fully comprehend why they should be restrained because of the
action of hostiles not of their tribes. Therefore, though they con-
sented to the measure at a council at Nephi on July 5th, and again
at Fountain Green on the 14th, 15th and 16th of that month, they
failed to fulfill their agreement, thus complicating matters. The
aspect of affairs gradually became more serious. Even Indians for-
merly disposed to be friendly were implicated, and on August 12th,
General D. H. Wells received the following message from Colonel R.
N. Allred, of Spring City: "Tabby sends word to all the Dishops that
he can control his men no longer. He was in Spanish Fork Canyon
yesterday. I, with a detachment, brought the herd from Thistle
Valley yesterday, having started as soon as I got word of the raid at
Fairview. The wounded boy, Stewart, is dead."

Next day R. L. Johnson, of Fountain Green, telegraphed to
Indian Agent Dodge for troops for the defense of the people, against
whom some of the savage bands had become incensed on account of
obedience to Dodge's orders not to feed them, as he would furnish
them plenty on the reservations. On the 17th, Colonel J. L. Ivie, of
Mount Pleasant, sent a dispatch to General Wells, asking if he
should call out his regiment of militia. That morning General
Morrow left Camp Douglas with a body of troops to take the field
against the hostiles. By the co-operation of leading men in the set-
tlements and friendly Indians, the General secured a council with
several chiefs, and after a long pow-wow, held in front of the resi-
dence of Interpreter L. S. Woods, at Springville, made a treaty which
was signed by Chiefs Tabby, Douglass, Joe, To Ka'wanah, Antero,
Waunrodes, Parrades and Tom. Colonel Dodge, Hon. A. 0. Smoot,

712

HISTORY OF UTAH.

Colonel L. John Nuttall, Bishop William Bringhurst, Generals A. K.
Thurber and William B. Pace, and other citizens were present.
The treaty provided that the Indians should return at once to the
reservations, and General Morrow was to apply to President Grant
for permission for several chiefs to visit and lay before him their
grievances; or if this was not agreeable, to ask that an investigating
commission be sent out by the Government.

The Shiberetch, Capotah and Elk Mountain bands, with a num-
ber of Navajoes, were still on the war path, however, and troops
were kept on scouting expeditions against them. On September 7th,
General Morrow, Apostle Orson Hyde, Bishops Seeley, Tucker and
Olson, Colonel Allred and other citizens met a number of chiefs
who had not been represented at former councils. Among these
were Tabiona, Angitzebl, White Hare and some who were known to
have encouraged, if they had not taken part in, predatory incur-
sions. All entered into a treaty of peace, and it was believed that
the principal danger of a war was past. But apprehensions were
again aroused on September 26th by the following dispatch from
Apostle Orson Hyde, at Spring City, to General Wells: "The Indians
are upon us. Several horses were stolen last night. This morning
a man was shot off from a load of lumber, and his little boy
wounded in the hip and wrist, near Snow's Mill, in this place. The
murdered man is said to be Miller, from Salt Creek."

This was the last serious raid made by the hostiles, and matters
soon quieted down to their normal condition. The settlers had suf-
fered more severely than they otherwise would have done, both in
loss of life and property, because of the proclamations of Governor
Shaffer and Acting-Governor Black, prohibiting the assembling of
the militia. Governor Woods refused to rescind that order, when
applied to in July of this year, even to enable the people to defend
themselves. Of the action of the citizens in obeying the edict of the
Executive, General Morrow said, in his report to Indian Agent
Dodge: "I think I may say with truthfulness that there is not
another American community in the nation which would have

HISTORY OF UTAH. 713

endured half the outrages these people have endured, before rising
up as one man to drive out the savage invaders at the point of the
bayonet. On any principle of self-defense they would have been
justified in doing this." In the same letter the General made this
recommendation: "Now, sir, I have given you a plain statement of
facts, and I desire to invite your attention, and through you the
attention of the Indian Department, to the justice and propriety of
making this people some recompense for their losses. This may be
done, I believe, from the appropriation made by Congress for these
tribes. It is only an act of simple justice to the poor people who '
have suffered so severely that it should be done. It is some time
since I had occasion to examine the subject, but I believe there is a
law of Congress, I believe of 1834, which authorizes compensation
to be made in cases like the present, and prescribes the manner in
which it shall be done. If this course is pursued now, it will not
only be proper in itself, as an act of justice to the people, but it will
also teach the Indians that they cannot commit depredations with
impunity."

To General Morrow's letter Colonel Dodge replied: "I fully
concur with you in all the statements you have therein made;" add-
ing, "Your reference to the great losses on the part of the citizens of
the disturbed district is eminently just, and I shall do everything in
my power to bring such relief to the sufferers as the law will allow."
He also supported General Morrow's application on behalf of the
Indians, asking permission for a delegation of chiefs to visit Presi-
dent Grant. This application was favorably acted upon, and on
October 17th, Chiefs Waunrodes, Antero, Tabiona and Kanosh,
accompanied by Judge George W. Bean, of Provo, as interpreter, left
Salt Lake City with Special Agent Dodge, to confer with the "Great
Father" at Washington. Since then predatory acts by Indians in
Utah have been rare.

Included in this pot-pourri of local events should be an incident
that occurred in the Third District Court at Salt Lake City on
September 21st, 1872. It was the admission to the bar of two

714

HISTORY OF UTAH.,

ladies, Misses Phoebe W". Couzins and C. Georgie Snow, the former a
resident of St. Louis, and already a practicing attorney in the courts
of Missouri and Arkansas, and the other a resident of Salt Lake, and
daughter of the veteran lawyer, Judge Zerubbabel Snow. On motion
of Governor Woods, Miss Gouzins was first admitted, and after her
name had been placed upon the roll of Salt Lake attorneys, Major
C. H. Hempstead moved the admission of Miss Snow. He referred
to the lady's careful study of the principles of law, and added: "I
am enabled to state that she is fully competent to be admitted to this
bar; fully competent to meet almost any of us, not only in talking
but in reasoning at the bar. And on this statement of my own
personal knowledge and examination, united with that of her father,
as to her qualifications, I rise with pleasure to move her admission
to the bar, as the first of Utah's daughters who has entered the
profession of the law." After the usual formality of examination
by a committee as to legal qualifications the motion was granted.
In October, 1872, a number of Utah's citizens started on a trip
to the Holy Land. The leader of the party was Hon. George A.
Smith, one of the First Presidency of the Mormon Church, who left
Salt Lake City on the 15th, accompanied by Hon. Feramorz Little,
and later was joined by the other members of the company. The
personnel of the party was: President George A. Smith, Apostles
Lorenzo Snow and Albert Carrington, Hon. Feramorz Little, Paul A.
Schettler, Esq., Thomas W. Jennings, Eliza R. Snow and Miss Clara
S. Little. George Dunford, Esq., started on the journey, but wher
in Italy he received letters stating that business affairs required his
presence at home, and he at once returned. Apostle Erastus Snow,
Elders Junius F. Wells, George F. Gibbs, and other citizens of this
Territory accompanied the tourists during a portion of their journey
through Europe. The program was to make a tour of various
countries of Europe, visiting the chief cities, and then proceed by
way of Egypt to Palestine and Syria; thence returning via Con-
stantinople and London. At Paris, on December 17th, the party
had a pleasant interview with M. Thiers, President of the French

HISTORY OF UTAH. 715

Republic. They arrived at Jerusalem on February 25th, 1873, and
on March 2nd held divine worship on the Mount of Olives. Their
object in visiting and worshiping on the sacred spot is explained in
the following excerpt from a letter by Presidents Rrigham Young and
Daniel H. Wells to President Smith : " When you get to the land of
Palestine, we want you to dedicate and consecrate that land to the
Lord, that it may be blessed with fruitfulness, preparatory to the
return of the Jews, in fulfillment of prophecy and the accomplish-
ment of the purposes of our Heavenly Father."* On March 5th the
party left Jerusalem, and on the 15th reached Damascus. From
there the journey homeward was begun. President Smith arrived at
Salt Lake City on the 18th of June. Some of the company preceded
him a few days, while others followed, and all returned in safety.
In harmony with their well known policy of opening and
settling new country wherever practicable, a move was made by the
Mormons, early in 1873, to plant colonies in Arizona. A large
number of missionaries were called from different parts of the
Territory, and on March 8th, many of them met in the Salt Lake
Tabernacle, and received such instruction as President Young
regarded necessary for the object in view. Soon afterwards, those
selected for the purpose wended their way southward in organized
companies. In a telegram dated April 10th, to the New York Herald,
replying to an inquiry from that paper, President Young thus

* Regarding this event Miss E. R. Snow wrote: "President Smith made arrange-
ments with our dragoman, and had a tent, table, seats, and carpet taken upon the Mount
of Olives, to which all of the brethren of the company and myself repaired on horseback.
After dismounting on the summit, and committing our animals to the care of servants,
we visited the church of Ascension, a small cathedral said to stand on the spot from
which Jesus ascended. By this time the tent was prepared, which we entered, and after
an opening prayer by Brother Garrington, we united in the order of the Holy Priesthood,
President Smith leading in humble, fervent supplication, dedicating the land of Palestine
for the gathering of the Jews and the rebuilding of Jerusalem, and returned heartfelt
thanks and gratitude to God for the fulness of the gospel and the blessings bestowed on
the Latter-day Saints. Other brethren led in turn, and we had a very interesting season ;
to me it seemed the crowning point of the whole tour, realizing as I did that we were
worshiping on the summit of the sacred mount, once the frequent resort of the Prince
of Life."

716

HISTORY OF UTAH.

referred to the movement: "We intend establishing settlements in
Arizona, in the country of the Apaches, persuaded that if we become
acquainted with them we can influence them to peace in accordance
with President Grant's Indian policy, and open up that country to
settlement by the whites. Our cities, towns and villages now
extend about four hundred miles in that direction, and, in view of
the railroad crossing that country, we hope to be prepared to assist
in its construction, and when completed bring a large portion of our
emigration that way to settle the country."

An arduous journey brought the first company to its destina-
tion— the Little Colorado River — on the 22nd of May. The appear-
ance of a country composed chiefly of rocks and sand was truly for-
bidding; while scarcity of water made it unfit for human habitation
at that period. The Little Colorado becomes dry in the warm season.
By May 28th the water had disappeared, so that the entire company
had to retire twenty-five miles to Mohave Springs. Word was sent
to President Young of the barren nature of the country they were in
and the obstacles encountered, and on July 22nd the mission was
temporarily abandoned. Though this first effort resulted in failure,
so far as establishing settlements was concerned, the experience
gained was a means of aiding the successful colonization subse-
quently effected in the far south.

The month of September, 1873, witnessed the construction of
military barracks at Beaver. A post had been established there in
May. On the 7th of that month a detachment of two hundred and
fifty troops arrived in the Territory for the new camp. The follow-
ing letters had previously been sent to General Ord, commanding the
military department of the Piatte, and by him forwarded to the War
Department. The suggestion to found the new post received the
endorsement of Secretary of War Belknap, on May 6th, 1872. The
letters bear date of January 12th of the same year.

SIR: — Being one of the associate justices of the Supreme Court of the United States
in and for the Territory of Utah, and judge of the Second Judicial District Court of said
Territory, I beg leave to say that my district embraces the extreme southern part of

HISTORY OF UTAH. 717

the Territory, in which was committed what is known as the Mountain Meadow Massacre,
in which over one hundred and twenty innocent men, women and children were
slaughtered in the most barbarous manner. This district is settled almost entirely by
Mormons, there being only about two hundred Gentiles in the district. From the time of
said massacre there has been a rising feeling in the minds of the Gentiles and a few loyal
Mormons against the principal leaders and perpetrators of that deed. At every session of
the court this question has been brought up by the grand jury, or rather by individual
members thereof, and yet the United States Attorney and the jury have not dared to
introduce the subject to be investigated, because, they say, witnesses who were present at,
and were forced into the bloody work feel that their lives would be rendered insecure
should they testify to the facts ; but, they say, whenever the government of the United
Slates will guarantee their protection they will freely testify to all the facts.

I am fully satisfied from my experience in that district for the last three years, as
the judicial officer of the court, that their feeling of insecurity is well founded, and it will
require a military force established in that district, say at the city of Beaver, of at least
five companies, to render the protection needed effective.

There are several indictments now in the hands of the United States Marshal, to
execute upon felons, which he reports he is unable to execute. Beaver City, where I hold
my court, is two hundred and twenty miles west of south of this city. It is beautifully
situated, well watered and healthy, and, besides it is the diverging point leading to
Pioche, one hundred and twenty miles west, and to St. George, one hundred and ten
miles west of south, and it is about one hundred miles east to Knob* — the Gibraltar of
church felons — where there are one hundred and twenty men thoroughly armed, and
where the leaders of said massacre have taken refuge.

In addition to these considerations, a few miles south of Beaver City the annual
Indian raids upon the settlements take place, and therefore a post at Beaver City would be
a proper place to do most service to the country.

I adjourned my last October term of court, after disposing of my civil docket, until
the second Monday in May next, in order that all the facts and needs to the execution of
the laws and the protection of loyal citizens might be fully understood by government and
by this military department. Whenever it is safe, and the government desires criminals
punished and will furnish the necessary support and means to prosecute them, the court
and its executive officers are ready to proceed.

If you establish a post at Beaver Cily, or near there, it ought to be done by the last of
April or the first week in May. At that season it will be the best time to move troops,
supplies, etc. By that time the roads from here will be in the best possible condition.
Soon after the first week in May the weather becomes hot and dry.

Hoping to hear from you soon and favorably upon these suggestions, I have the honor
to remain, respectfully, etc.,

C. M. HAWLEY.

*By this reference was meant the small settlement of Kanab, where there were at
that time, including the members of Major Powell's government exploring expedition,
only about thirty men.

718 HISTORY OF UTAH.

The second letter was from Governor Woods, giving his endorse-
ment to the foregoing. He said :

•Sm : — The within letter from Judge G. M. Hawley, of Second Judicial District, Utah
Territory, to you, has been referred to me. I endorse the statements therein fully, and
express the hope that you may establish a post in southern Utah as soon as practicable. I
had the honor to lay this matter before Major-General Augur, and, through him, before
Lieutenant-General Sheridan, during the summer of 1871, and had a favorable response.
To be most effective it should be a four or five company post — two or three companies of
cavalry and one or two of infantry. Without the presence of the military in that remote
portion of the Territory it will be utterly impossible to enforce the law.

An official who administers justice must express the truth.
Judge Hawley did neither in his covert intimation that the non-
enforcement of the laws was due to antagonism by the Mormon
people. In this regard his letter and the endorsement of Governor
Woods were as untrue in fact as they were malignant in purpose.
Their real intent, as generally understood at the time, was to aid in
procuring anti-Mormon legislation. The people, however, did not
object to the presence of the troops at Beaver, but rather welcomed
them as adding to the volume of business in 'that vicinity. At first
the title given to the new camp was the Post of Beaver, but by order
of General Sheridan it was, on July 1st, 1874, changed to Fort Cam-
eron in honor of Colonel James Cameron, a gallant New York soldier
who fell in the War of the Rebellion, July 21st, 1861. The fort was
maintained for a number of years, but finally the troops were with-
drawn, as no necessity for their presence existed.

In connection with military matters, reference may here be made
to an incident that took place at Salt Lake City in 1874. Some of
the soldiers of the Thirteenth Infantry, stationed at Fort Douglas,
were very unruly. The associations and sympathy of this class were
with the saloon element, which was hostile to the municipal officers
because of their efforts to restrain the liquor traffic. Consequently
there were frequent disturbances of the city's peace by drunken sol-
diers. The guilty parties were rigidly punished when caught, which
was not an easy task, as the moment they reached the military
reservation they were safe from arrest. The Secretary of War had

HISTORY OF UTAH. 719

issued a general order exempting the troops from prosecution under
municipal ordinances, and requiring that all such offenses be dealt
with by the military authorities. This was interpreted at Gamp
Douglas to mean immunity, not only from prosecution, but from
arrest by the city police department. A similar view was taken by
Judge-Advocate-General Holt on an ex parte statement made to him
in behalf of the soldiers. The situation produced by this ruling and
a failure of the military officers to punish for violations of the city
ordinances encouraged reckless and drunken soldiers in their depre-
dations, so that in that portion of the city traversed by them when
returning from the saloons to their quarters after nightfall, the citi-
zens began to feel that life and property were insecure. This state
of affairs caused the city officials to continue the enforcement of
the ordinances against turbulent "boys in blue," and as neither side
evinced a disposition to recede from its attitude, at least until the
questions at issue were determined by the courts, considerable fric-
tion between the police department and the military resulted.

It was under these circumstances that the incident mentioned
occurred. On the 10th of June an aged gentleman and ex-Federal
official. Judge Solomon P. McCurdy, was, without provocation,
brutally assaulted in the street by Thomas Hackett, a soldier. Cit-
izens arrested the offender and took him to the city jail, where he
was placed in custody. Next morning Lieutenant Dinwiddie
demanded the prisoner from Police Justice Clinton, who refused to
order Hackett's release. By instruction of General Morrow, Captain
Gordon and a troop of cavalry appeared at the City Hall about noon,
and after an interview with Governor Woods the officer ordered his
men to batter down the jail door. While this was in progress,
Captain Gordon went into the fire department and demanded of
Thomas Higgs that he deliver up the prisoner. Mr. Higgs replied
that he was a. fireman and had nothing to do with the jail or police
department. The irate officer loaded his gun and, with an oath,
threatened to shoot Higgs if he did not immediately leave the room.
The fireman retired, and Gordon returned to his men, who, not

720 HISTORY OF UTAH.

being able to force the jail door, had torn part of the iron grating
from a window and liberated Hackett. The soldiers then left,
howling and yelling like demons. No requisition had been served
on the Mayor or other proper official for Hackett's release, but no
effort was made to interfere with the troops.

The city officials, however, did not cease arresting and punish-
ing disorderly soldiers. They were resolved to get the matter into
the courts, and there learn whether the civil power was to be entirely
subservient to the military in tim,e of peace. Another offender,
Frederick Bright, was taken into custody for drunkenness and
disturbing the peace, and fined five dollars, in default of which he
was committed to jail. General Morrow, who evidently felt that he
had made a mistake in the Hackett case, did not wish a repetition
of the proceedings of the llth, in the face of the public sentiment
which had been aroused. He therefore proceeded, in the Bright
affair, on a writ of habeas corpus. The dispute was settled by the
Territorial Supreme Court, which decided on June 16th that the
police had the right to arrest offending soldiers; but that they must
be surrendered upon a formal demand by the proper military officer,
or they could be taken by force. The decision was an equitable one,
yet, because of the feelings engendered by the causes leading to it,
perfect harmony between civilians and soldiers was not immediately
restored. This fact was observed by Lieutenant-General Sheridan,
who arrived at Gamp Douglas on July 4th, accompanied by General
Ord. He caused the Thirteenth Infantry to be superseded by the
Fourteenth regiment. The new commandant, General John E.
Smith, reached the post on August 27th. Since that time the
administration of the law under the rule laid down in the Supreme
Court decision has operated smoothly between the municipal and
military authorities.

Returning to the consideration of events associated with the
political movements narrated in the first part of this chapter. The
framing of a State constitution ^nd the earliest organization of
Republican and Democratic parties in the Territory have been

HISTORY OF UTAH. 721

related. The possibility that Congress imght admit Utah into the
Union aroused the anti-Mormons to vigorous action. Meetings were
held at which the Mormons and their friends were denounced and
threatened; petitions against statehood were circulated and signed,
and the followers of the Liberal Party were regaled with hobgoblin
stories of the frightful condition that would ensue if the Territory
were given State government.* Joseph R. Walker, Henry W.
Lawrence and Robert N. Raskin were sent to Washington to inform
the administration of the terribly disastrous effects that local self-
government would bring, and so intent upon this purpose were these
gentlemen that they went upon this errand at their own expense. A
secret organization — the "Gentile League of Utah" — was formed,
with the purpose of creating a rupture that should cause military
interference in the affairs of the Territory. In fact, anti-Mormon ism
was wrought almost to a frenzy in its effort to ward off what it
deemed its prospective death-blow. The result was that Congress
took adverse action upon Utah's petition for statehood, failing to
even intimate, as invited to do in the constitution which had been
framed, upon what terms of compromise it would favorably consider
and act upon her application for admission into the Union.

* Though a unanimity of sentiment prevailed among Liberals as to the policy of
opposing statehood and the Mormons, the relations with each other of the party chiefs
were not altogether peaceful. Facts indicating absence of harmony, however, were sup-
pressed, so far as possible, for party reasons. One notable instance which occurred at
the time of the movement for statehood was connected with Chief Justice McKean, and
has been briefly mentioned in a previous chapter. This was his writing of editorials for
the Salt Lake Tribune. At a meeting of the directors and editors of that paper, held
shortly afterwards, 0. G. Sawyer, managing editor, resigned, and in his published vale-
dictory stated as the cause, " a journalistic incompatibility " between himself and the
directors. Mr. Edward W. Tullidge, who was then associate editor of the Tribune, was
at the meeting. He states in his History of Salt Lake City, that E. L. T. Harrison
denounced the course of Mr. Sawyer in constituting the paper a special enemy of the
whole Mormon people ; and " above all he impeached the managing editor on the specific
charge of having permitted Judge McKean to write editorials sustaining his own decis-
ions." Mr. Tullidge adds, in reference to the managing editor's retirement, " It was not,
however, because of any journalistic incompatibility between Mr. Sawyer and the direc-
tors, but for the reasons herein given. The valedictory was allowed to pass, and the
reasons kept from the public, greatly out of consideration for the Chief Justice himself."

50-VOL. 2.

722

HISTORY OF UTAH.

CHAPTER XXV.

1872—1874.

THE GENTILE LEAGUE OF UTAH ITS BRIEF AND BOOTLESS CAREER THE AUGUST ELECTION (IF

1872 GEORGE Q. CANNON ELECTED DELEGATE TO CONGRESS A CHANGE OF FEDERAL

OFFICIALS WILLIAM CAREY, U. S. DISTRICT ATTORNEY, AND GEORGE R. MAXWELL, U. S.

MARSHAL FOR UTAH ASSOCIATE JUSTICES EMERSON AND BOREMAN GOVERNOR AXTEI.L

UTAH AGAIN IN CONGRESS SUNDRY MEASURES PROPOSED PRESIDENT GRANT*S SPECIAL

MESSAGE ON UTAH THE POLAND LAW.

'HE Englebrecht decision, by overturning Judge McKean's Janus-
faced tribunal and annulling its decrees, had sadly disarranged
the plans of the anti-Mormon crusaders. In the face of their
sore defeat and the new development of an application for statehood
on the part of the vast majority of Utah's citizens, they felt that
something must be done to convince Congress and the country that,
while not upheld by existing statutes, the acts of the McKean combi-
nation were so far justified by circumstances as to warrant legislation
authorizing just such measures. There was also the design of keep-
ing up such an agitation a? would render imminent a violent out-
break; for "the ring" had not yet relinquished the hope of bringing
about a conflict in which United States troops would be arrayed
against the Mormons.

The first object was partly subserved by a series of atrociously
false dispatches sent out by Mr. 0. G. Sawyer, of the Salt Lake
Tribune, to the New York Herald, and by Mr. A. S. Gould, as the local
agent of the Associated Press. They stated that " civil disturbance"
was imminent through the "arrogant oppression" by the Mormons:
that the judicial authorities at Washington had "stripped the Gen-
tiles of all protection by placing the courts in the hands of Mor-
mons," and that the former "must now rely on their own strong

HISTORY OF UTAH. 723

arms to protect themselves;" that "the excitement among the
Gentiles was intense, and bloodshed was momentarily expected," and
that "the baser element" of Mormondom was "on the rampage to
such an extent" that the Gentiles were "arming themselves for
mutual protection." These dispatches were so utterly baseless that
leading non-Mormon professional and business men were alarmed,
and voluntarily sent messages to members of Congress and to the
press throughout the country denouncing as "infamous and libelous"
the sensational reports touching the Utah situation. The telegrams
of Messrs. Sawyer and Gould were of course inspired by "the ring,"
whose willing tools they were. Their slanders were in a measure
effective in giving the public the erroneous impression that a degree
of insecurity for Gentiles existed in this Territory.

The other object was also aided by these sensational dis-
patches, which were designed to mask the movements of the
crusaders in their scheme to bring about a violent and bloody
collision. It was believed to be their fell purpose to precipitate that
collision at the general election in August, 1872. Under cover of
"arming and organizing for protection," the secret society known as
the "Gentile League of Utah" was formed. Within its program —
if statements from its own side may be relied upon — was the
deliberate massacre of municipal officers and citizens. Such a
purpose, it is said, was really conceived, and only awaited an
opportunity for its execution. That opportunity, it was hoped by the
leaders of the league, would be afforded at the election. Associated
with the work and purposes of this lawless organization were leading
Federal officials, and prominent at public meetings where its power
and purposes were boasted of, were such men as Judge Strickland,
General Maxwell, R. N. Baskin, J. M. Orr, Rev. Norman McLeod and
other anti-Mormon radicals. At a meeting on East Temple Street, in
front of the Salt Lake House, Judge William Haydon declared that if
the populace interrupted the Liberal program, the streets of Salt
Lake would be "seen running down with blood."

As the time drew near for the intended precipitation of the

724 HISTORY OF UTAH.

conflict the hot-headed Maxwell, who was expecting at that very
time to be appointed U. S. District Attorney for Utah, thought he saw
an opportunity to begin the bloody work.* The anti-Mormon organ,
the Tribune, had used grossly offensive language in reporting the
proceedings of the Salt Lake City Council, and had been expelled
from the meetings of that body upon refusing to make an apology.
Thereupon the paper proclaimed "Brigharn on the War Path," and
the Associated Press agent sent out another batch of sensational
falsehoods. The "G. L. U." offered a hundred armed men to force
the Council into submission. This was ten days prior to the election.
The Tribune reporter thus details, in Tullidge's " History of Salt Lake
City," these proceedings and what followed:

I, Joseph Salisbury, late associate editor of the Salt Lake Tribune, make the follow-
ing statement, to wit :

That on the evening of the 26th of July, 1872, I attended a meeting of the City
Council, held in the council chamber, City Hall, Salt Lake City, and made a report of its
proceedings.

That on the 30th instant I attended again, when that honorable body, taking
exceptions to my previous report, demanded of me a public recantation on pain of
expulsion. This I refused, when the vote of the Council was passed to that effect.

That I was afterwards directed by Mr. Fred. T. Ferris, manager of the paper, to
attend to the next regular meeting of the Council, and report as usual. I said, in answer,
that I presumed the Council would adopt parliamentary rules and close its doors ; where-
upon the manager informed me that General George R. Maxwell had promised to be there
with one hundred men, from 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 demonstrations were
made by the Mayor and Council, each of them would be immediately covered by a pair of
pistols, in the hands of the hundred men present.

* In the prosecution of Deputy Marshal Gilson, charged with compelling John
Thomas, under threat of death, to sign an affidavit alleging the commission of crime —
the Dr. Robinson murder — upon certain parlies, General Maxwell, under oath, in reply to
the question, " Did you state that you were to be Prosecuting Attorney in a few days ?"
said, " I did, sir, and should have been if the Englebrecht decision had not been given, it
General Grant knows what he is about. I do not know but I shall be yet."

HISTORY OF UTAH. 725

And furthermore, that, if Brighatn 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 meet-
ing, when the motion of the preceding Council was confirmed and the Tribune again
expelled.

General Maxwell and his one h-undred men failed to appear be-
cause his confreres decided that the occasion was inopportune. Had
action been taken in the manner proposed it would not have been
possible to place the blame on the municipal council sitting in its
own chamber in the City Hall, and the perpetrators of the outrage
would have been denounced by the whole country.* Nothing would
have been less suited to the purpose of the anti-Mormon leaders.
They wished affairs so arranged that when an outbreak should occur
it would be under circumstances where the whole responsibility
could be thrown upon the Mormons, and the country would say that
they were rightly served. The expulsion of a libelous newspaper
did not afford a sufficient excuse. Hence, City Marshal McAllister,
acting under instructions from Mayor Wells, was not interfered with
by General Maxwell and his "G. L. U's." when he peacefully
escorted the protesting Tribune manager, local editor and foreman
from the Council chamber to the exterior of the City Hall.

Eight days later, however, — Saturday evening, August 5th — the
conspirators were prepared for their emeute. The occasion was a .
public meeting called by the Liberal leaders just prior to the
election. A stand for speakers was erected on the sidewalk in front
of the Salt Lake House, and by 8 o'clock on the evening named their
placards announcing "a mass meeting of the citizens" had brought
together a large audience. The meeting was called ostensibly to

* Mr. Tullidge states his position in relation to the circumstance as follows :
" Learning of this design, I had resolved that if the hundred men, or any considerable
number, attempted to move towards the City Hall in parties, I would, in time to prevent
the risk of human life, make a statement of the facts to the Mayor. As it was I asked Mr.
Ferris — the Tribune manager — to let me go to the Council in behalf of the paper, but the
permission was refused. The reason was that it was thought the City Council, believing
in my truthfulness and justice, would allow me to remain, as a member of the press, not-
withstanding the expulsion of our paper."

726 HISTORY OF UTAH.

ratify the Liberal nomination of General Maxwell as the party
candidate for Delegate to Congress; but the intensely vindictive
abuse heaped by the speakers upon the Mormon people clearly
revealed a desire to provoke the latter to violent retaliation.
Excitement and indignation were rife among the multitude, who
greeted the epithets applied to them — such as "dupes," "tools of
priestcraft," "serfs," "geese," "thieves," "liars," "murderers,"
"traitors," etc., with jeers and hisses. The crowd was in an uproar,
and it looked as if a few of the more impulsive among them might
answer the accusations with blows. We will give Mr. Tullidge's
testimony of what occurred at this particular moment:

Now came business for the "G. L. U's." They sprang to the front. They were
headed by 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 command 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.

The purpose of this sudden movement of the " G. L. U's."
becomes more fully apparent on reading the following, from a letter
published in the Tribune over the nom de plume " Honorius. " The
correspondent was pleading for more perfect and powerful organiza-
tion than that displayed by the Liberal secret society at the meeting,
and said that if this was effected the leaders could "pass the word
and five thousand miners will rally in a few hours to the defense of
free speech and republican principles. Such an event would be
greatly to be deplored, as it would be attended with fearful scenes
and lawless violence. But, if nothing else will teach the poor willing
tools of priestcraft to respect the rights of American citizens, one

HISTORY OF UTAH. 727

dose of Napoleon's treatment of the Paris mobs Avill be a lasting and
sufficient lesson."

The threatening attitude of the would-be revolutionists did not
produce the intended effect. It had been anticipated by them that
the police, seeing imminent danger of a conflict, would rush in to
preserve the peace. Then the Mormon officers could have been
butchered, and the plea set up in justification that they had met
their fate while making an assault upon Federal officials in a
political meeting. But the police prudently refrained from any
movement other than to mingle quietly with the crowd. They thus
prevented a terrible scene of bloodshed. The anti-Mormon leaders
were out-generaled — their military coup de maitre had been wasted on
the wind.

The meeting adjourned, and another was held the same night at
the Liberal Institute, where the denunciation of and threats against
the Mormons were continued. The chairman, A. S. Gould, stated
that he had telegraphed the evening's occurrence "east and west,
and it would soon be known in every village and hamlet in the
land." Here is a sample telegram: "Salt Lake, August 3. — The
Gentiles' meeting was finally broken up by the Mormon police, who
were the principal actors. The Gentiles are ready for a fight."
Commenting upon this, the Deseret News, whose urgent advice to the
people was to "let their traducers severely alone as beneath con-
tempt," said : " Had the leading and most honored citizens in any
other community in the country, however, been as vilely abused in a
mass meeting of its citizens as were President Young and others on
Saturday evening by a 'ring' of men whose conspiracy against
those same citizens' lives, honor and property had been so recently
and disgracefully defeated, everybody knows that the press agent
would have had no necessity to exaggerate or falsify his reports to
have made them spicy."

The anti-Mormons were angered at the failure of their scheme
to precipitate a riot, and one of their leaders declared: "They shall
have another mass meeting, and if they repeat it, there shall be a

728 HISTORY OF UTAH.

hundred coffins wanted next morning." The Tribune voiced similar
sentiments, and on the morning of the election made a demand "for
troops to be in attendance during the day or near the polls to ensure
peace and enforce the rights of loyal citizens." These utterances
were directed against the municipal authorities. No troops,
however, were called out on that election day. None were needed.
The citizens, Mormons and non-Mormons, with the exception of the
coarser element which was directly manipulated by "the ring,"
unitedly gave their influence for peace, and the proceedings of the
day were quiet and orderly.

It was nearly two months before the promised "mass meeting''
took place. The following is the account given of it by Mr. Joseph
Salisbury : *

The meeting was held in front of the Walker House on the evening of the 12th of
October, 1872. As on the first occasion, I attended as reporter of the Tribune. 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 armed members of the ' G.
L. U. ' I subsequently learned that these were under the control of the chairman, and
that at his given signal the body were 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 Associate Justice Strickland exposed the movement prematurely when, at the first
sound of an opposing voice, he arose and proclaimed : " The first man who interrupts
this meeting I will order shot ! I mean what I say and say what I mean ! "

The radicals were extremely dissatisfied at the indiscretion of their chairman, who
should have given the signal at the opportune moment, instead of an untimely warning,
in a clumsy paraphrase of General Dix's famous order — " shoot him on the spot !"

The friends of the associate justice explained that their chairman was " drunk," but
among themselves they did not deny that there was a sober significance underlying his
indiscretion.

I subsequently 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 Walker ' House, and that a volley from them, and others
stationed in the windows above, would have fulfilled the prophecy of U. S. Attorney
Baskin — " We'll have a hundred coffins at our next meeting !"

* Tullidge's " History of Salt Lake City."

HISTORY OF UTAH. 729

With this fiasco the decadence of the " Gentile League of Utah "
began, and its existence as an organization soon passed from a
reality to a memory.

When the returns of the August election were canvassed, the
result for Delegate to Congress was found to be : George Q. Cannon,
20,969, and George R. Maxwell, 1,942 votes. There were no other can-
didates. As stated in a previous chapter, General Maxwell had made
an unsuccessful contest, at the last election, against Hon. William H.
Hooper. Rut this was Mr. Cannon's first candidacy for the office.
In July he was nominated by a convention of the People's Party, in
which many of the members of the Republican Party, organized the
preceding April, took part. This action by local Republicans was in
a measure forced by the National Republican Convention, which had
rejected Hons. George A. Smith and Frank Fuller, sent by the first
Republican Party organization in the Territory, and had admitted as
delegates A. S. Gould and 0. J. Hollister, elected by Republican
members of the Liberal Party, thus giving a check to the first named
organization and its supporters. When the Democratic Convention
met, the names of James P. Page, Esq., and Hon. George Q. Cannon
were placed before it. The supporters of Mr. Cannon, who had not
declared himself in favor of either) of the national parties, but had
endorsed the nominations of Greeley and Brown on the Presidential
ticket, urged that the wisest course for local Democrats to pursue was
to follow the example of the national convention of the party.
This had endorsed the nominees of the Liberal Republican Conven-
tion at Cincinnati — Horace Greeley and R. Gratz Brown — as the best
thing to do under the circumstances, it being impossible to elect a
straight Democrat. It was claimed that, as a strict party nominee
stood no chance of winning at that election in Utah, the Democrats
could with consistency endorse Mr. Cannon, who, while recognized
as independent in national politics, supported the nominees of the
national Democratic Party. The balloting at the convention resulted
in fifty votes being cast for Mr. Cannon and twenty-three for Mr. Page.
The former was then unanimously declared the nominee of the party.

730 HISTORY OF UTAH.

On the 10th of October, General Maxwell appeared before the
Governor and Secretary of the Territory and protested against the
issuance of the certificate of election to Mr. Cannon. He charged
the latter with "disloyalty" and "polygamy," but as the Governor
and Secretary had no legal discretion in the matter, but must issue
the certificate to the person receiving the highest number of votes,
Mr. Cannon obtained the document. He was also served by General
Maxwell with a notice of contest.

The time for Mr. Cannon to take his seat was not until Congress
met in December, 1873, but during the winter of 1872-3 he went
to Washington and aided Captain Hooper in resisting prescriptive
legislation toward the people of Utah. Delegate Hooper's term of
office expired March 4th, 1873, and upon his return to Utah on the
15th of that month, the people gave him a hearty reception, many
leading citizens, with bands of music, going by special train to
meet and bid him welcome home. He had labored wisely and faith-
fully for the best interests of the Territory, and those who sought to
push through Congress schemes inimical to his constituents had
found in him a vigilant, determined and able antagonist. His
industry and zeal, his genial manners and unobtrusive conduct, had
gained him the credit of being one of the most indefatigable workers
and pleasant gentlemen in Congress. The tact and aptitude for
business which marked his career before his election, were made to
do good service in the responsible position that he was placed in by
the votes of the people. He was first elected Delegate from Utah ii
1859, and had served five terms in that capacity. Previous to th*
nomination of a candidate by the People's Party in 1872, Captain
Hooper notified his friends that he did not wish to be named at that
time for the position, as he felt that his labors had been so contin-
uous and arduous that he needed rest.

At the opening of the Forty- third Congress, December 1st, 1873,
Hon. George Q. Cannon presented his certificate of election as Dele-
gate from Utah, and asked to be sworn in. General Maxwell was
there, and induced Mr. Merriam, of New York, to object, so that Mr.

HISTORY OF UTAH. 731

Cannon had to stand aside until the Delegates from the other
Territories had taken the oath of office. Mr. Merriam then offered
a resolution reciting that Mr. Cannon had taken an oath inconsistent
with citizenship and with his obligations as a Delegate, and had been
and continued to be guilty of practices in violation and defiance of
the laws, and referring to the Committee on Elections the question
of his right to the seat. Mr. Cox, of New York, opposed the resolu-
tion as tending to establish a very dangerous precedent. Here was
a prima facie case, with a regular certificate of election, and he
moved that Mr. Cannon be sworn in. The certificate was read,
whereupon prominent members of both parties supported Mr.
Cannon, and Mr. Merriam's resolution being tabled with but one
dissenting voice, the oath of office was administered to the Delegate
from Utah. The contest was carried on by General Maxwell before
the Committee on Elections, which decided, by unanimous vote, in
favor of Mr. Cannon. A further effort was made to unseat him by
an investigation of the charges made by Maxwell, but, as in the
other case, this resulted adversely to the contestant.

As early as March llth, 1872, President Grant, at the suggestion
of Rev. J. P. Newman, the Washington director of the McKean
crusade, had intimated to U. S. District Attorney Bates that his
resignation would be acceptable. This was when General Max-
well expected to be the new incumbent of the public prosecutor's
office. But Mr. Bates had received an inkling that the decision of
the Supreme Court in the Englebrecht case would be adverse to
McKean's "judicial mission," and so decided to hold on to his
position. It was not, therefore, until Congress reassembled that a
change was made. On the 10th of December, the President super-
seded Mr. Bates by the appointment of Mr. William Carey, of Illinois,
as District Attorney for Utah. Mr. Bates had not shown a suf-
ficiently antagonistic spirit toward the Mormons to suit the
President's advisers in Utah affairs. Mr. Carey, however, assumed
the role of a crusader, and spent a great portion of his time endeav-
oring to secure adverse Congressional action toward the Mormons.

732 HISTORY OF UTAH.

When Congress met, the President also sent in the name of George
R. Maxwell to be U. S. Marshal of Utah, in place of M. T. Patrick,
and on the 8th of that month Maxwell was confirmed by the Senate.

Other official changes were made during that winter — 1872-3;
William M. Mitchell, of Michigan, being appointed in January, and
Philip H. Emerson, of the same State, in March, to be Associate
Justices of the Supreme Court of Utah, vice Judges Strickland and
Hawley. In the latter part of March the name of Jacob S. Boreman
replaced that of Judge Mitchell, and in April Judges Emerson and
Boreman assumed their official duties. Judge Emerson gained the
confidence and good will of the people by his able and impartial
administration of the law. Judge Boreman descended to the tactics
of and complete affiliation with the anti-Mormon ring. Like Judge
McKean he was a pious Methodist and a Mormon-hater, though he
lacked both the dignity and the ability of the Chief Justice. A Wash-
ington dispatch of February 14th announced the appointment of W.
H. Clagett, the outgoing Delegate from Montana, as Governor of this
Territory, in lieu of George L. Woods. Clagett had shown himself
a most unscrupulous and mendacious enemy to the Mormons. The
dispatch in relation to the governorship, however, proved to be based
on a promise of the President that if certain legislation was enacted
by Congress, Clagett would get the place. As the proposed meas-
ures did not become law, he failed to secure the position, and
Governor Woods was left undisturbed until December 28th, 1874,
when the President appointed Hon. Samuel B. Axtell, of California,
to succeed him. Seven months prior to the change of Governor,
McKean had been re-appointed, and on June 2nd was confirmed by
the Senate and began his second term as Chief Justice of Utah.
Governor Axtell was a kindly, urbane gentleman, who mingled freely
with the people, and made no distinction of classes. This course
evoked the hatred and opposition of "the ring," which soon suc-
ceeded in effecting his removal.

The Forty-second and Forty-third Congresses were notable for
the amount of legislation proposed and considered for Utah, most

HISTORY OF UTAH. 733

of which was directly inspired by the McKean cabal. While they
had their own way in overriding the law at the expense of the
Mormons, but little was done by them in the direction of influencing
Congress; but when the court of last resort called a halt in their
illegal proceedings, a rush was made for legislation to suit their
schemes. On the 1st of April, 1872, when it had become fully
understood that the forthcoming decision of the Supreme tribunal
would be adverse to the procedure of the Utah courts, Senator D. W.
Voorhees introduced a bill providing in the main for following the
McKean procedure in future. The Chief Justice himself went before
the Senate Judiciary Committee and urged the adoption of this
measure. Two days later, Senator William A. Wheeler presented
another bill disfranchising the women of Utah, and giving the
Governor control of all elections; and on the 29th, Senator Cragin
reported still another, to the same general effect as the Voorhees bill.
Mr. Clagett introduced into the House of Representatives a measure
a little more stringent in some respects than the others. He had, on
April 18th, during a debate on a bill "to incorporate the Great Salt
Lake and Colorado Railway," which was intended to run from Great
Salt Lake to the mouth of the Colorado River, indulged in a phillipic
against the Mormons, who, he said, had monopolized all the land
and water in the Territory, to the exclusion of the Gentiles. He had
been to Utah in 1866, and stated as his reason for not remaining
in the Territory: "I came to the conclusion that Utah was no place
for me to stay, or any other person who had a family to rear, and
therefore put some value on his life, and I went on my way to
Montana." He also alleged that President Young had "raised the
British flag in Salt Lake City," and it " would have been there today
if Brigham Young had had his will." Delegate Hooper replied to
this tirade in a speech in which he pronounced Clagett's "statement
to be untrue from beginning to end." Besides the anti-Mormon
measures named, Representative James G. Blair, of Missouri, intro-
duced a bill "to legalize polygamous marriages in the Territory of
Utah, and to dismiss prosecutions in said Territory on account of

734 HISTORY OF UTAH.

such marriages.'' On February 17th, he made a strong argument in
the House in support of his proposition.* None of these measures
were disposed of at that time, but were continued over by adjourn-
ment until Congress reconvened the next winter.

When the National Legislature resumed its labors in December,
1872, and the House was considering a bill for the admission of
Colorado into the Union, Delegate Hooper, on December 19th, pro-
posed an amendment, admitting Utah as the State of Deseret. This
gave Delegate Clagett an opportunity, which he did not fail to grasp,
of making another vituperative assault on the people of this Ter-
ritory, in which he declared that "freedom of speech, of the press,
and of public worship are unknown in Utah." In fact his utterances
were so outrageous that in February a request was made of
Representative Sargent, of California, in behalf of many prominent
Gentiles in Utah, to enter an emphatic denial of the Montana
Delegate's assertions.

On the 21st of December it was announced from Washington
that President Grant had "expressed his determination to put an end
to the Mormon institution," and on January 17th, 1873, the Logan
anti-Mormon bill, which it was hoped would inaugurate the "end-
ing" process, was introduced. Its purpose was to give the Utah
"ring" all the power that they had sought to usurp under the
McKean rulings, and also to open to them the Territorial treasury.
On the 4th of February the Executive called on the Senate and House
Judiciary committees and urged immediate action on the Utah bill.
and, it is said, gave it as his opinion that if the proposed enactment
or something of a similar nature was not passed he would "have to
send United States troops to that Territory in less than two months,
to aid in the enforcement of the laws." That serious action \v;is
contemplated may be seen by the following press dispatch sent out
from Washington on February 7th :

* The Mormon women assembled en masse in various parts of Utah, and passed
resolutions endorsing Mr. Blair's course and thanking him for his courageous stand in
behalf of the rights of their people.

HISTORY OF UTAH. 735

"The President has ordered all the troops on duty in the South-
ern States, except small detachments at forts on the sea coast, to
prepare for a movement towards the stations on the plains, within a
comparatively short distance from Salt Lake City. This is done to
secure enforcement of the laws, especially what is known as the
Logan bill, now pending in Congress."

The President had not learned, and probably never suspected,
that he was being deceived by Newman and his anti-Mormon coad-
jutors in Washington and Utah, but fancied that the country "had
been playing with Brigham Young, and it was time to stop." The
New York World stated, on February 9th, that on the day preceding,
the Chief Executive "expressed himself strongly in favor of the
enforcement of the laws in Utah, if it takes the whole available
military force to sustain it;" also that "General Sheridan had been
summoned to give his advice, from personal observations, of the best
localities,' within a day's railroad distance from Salt Lake City, for
the temporary- encampment of troops." The truth was that almost
the whole impediment to the enforcement of the laws in Utah was
the corps of officials sent out by President Grant himself. The Ter-
ritory had no more need of Federal troops than did the halls of
Congress at this identical period.

On the 3rd of February Hon. Samuel A. Merritt, delegate from
Idaho, but who had become a resident of Salt Lake City, introduced
another anti-Mormon bill into the House. Two days before, in an
interview with President Grant, he informed the latter that the Utah
statutes "discriminate with great severity against those who do not
belong to Brigham Young's church, so that it amounts to virtual
exclusion." The Merritt bill was radically un-American in its pro-
visions. In addition to those of the Logan bill, it gave the appoint-
ment of probate judges, sheriffs, justices of the peace, judges of
election, and other local officers, into the hands of the Governor;
repealed the act incorporating the Church of Jesus Christ of Latter-
day Saints, the Territorial election law, the law giving married
women the power to hold property in their own right, the statute by

736 HISTORY OF UTAH.

which the elective franchise was conferred on the women, and a
number of other Territorial enactments.

On February 6th, Senator Frelinghuyseh introduced a measure
similar in its provisions to the Merritt bill. It was reported favor-
ably by the Senate committee on February 17th, and after some
amending passed the upper branch of Congress on the 25th. In the
meantime petitions for and against the bill were presented. Delegate
W. H. Hooper, with Hons. George Q. Cannon and Thomas Fitch,*
worked energetically and ceaselessly to defeat such legislation, and
the anti-Mormons, aided by the full power of the Administration,
made a strong and determined effort in its support. Merritt and
Clagett had another interview with the President, urging a special
message to Congress, and on February 14th it came. It called
attention to the condition of affairs in this Territory and to
"the dangers likely to arise" from a conflict between the Federal
and Territorial authorities. It advocated special legislation pro-
viding for the selection of grand and petit jurors by persons entirely
independent of those who were "determined not to enforce any
act of Congress obnoxious to them," and also the taking from the
probate courts of "any power to interfere with or impede the
action of the courts held by the United States Judges." The
President expressed the apprehension that unless Congress took
immediate steps in the premises "turbulence and disorder would
follow," rending "military interference" — which he should "greatly
deprecate" — "a necessary result."

There was a division of sentiment in Congress regarding the
adoption of any extreme measure, though comparatively few Con-
gressmen had the moral courage to raise their voices against it.
Those who felt that it was unwise to act hastily in the matter of
special legislation on Utah affairs suggested the enactment of "a law
providing for the appointment by the President of a commission of

* Mr. Fitch moved from Utah to Arizona. He subsequently took up his abode in
California, and more recently in New York City.

HISTORY OF UTAH. 737

three or five gentlemen of learning and prominence, not actually
engaged in the political discussion of the day, to go to Utah and
make a thorough investigation of the whole Mormon question and
report their conclusions to the next Congress." It was proposed
that the commission "visit all parts of the Territory and report upon
its laws, the resources of the people, their industry, educational
advantages and promises, and all matters necessary to enable Con-
gress to form an unprejudiced view of this great problem." Before
these wise suggestions could receive deliberate consideration, the
friends of the Frelinghuysen bill pressed it to a vote, and it passed
the Senate.

On the 27th of February, Messrs. Merritt and Clagett endeav-
ored to have the bill taken up by the House, but they were unsuc-
cessful. On March 1st the attempt was renewed, but a recess was
taken and the bill went over to the 3rd, when its consideration
seemed certain. But through the crowding in of resolutions and
motions by members who wished to have action taken on their
special business before adjournment, the advocates of the Freling-
huysen bill, clamorous as they were, failed to secure recognition
from the speaker. On the morning of March 4th it came up in
regular order, but Mr. Sargent, of California, objected to the consid-
eration of a bill of such importance when there was no quorum
present. The fight was over. Noon came, and with it adjournment,
and the Forty-second Congress was no more.

But the effort for anti-Mormon legislation did not cease, though
much of its vigor was gone. In his message to the Forty-third Con-
gress, December 1st, 1873, President. Grant said :

"Affairs in Utah require your early and special attention. The
Supreme Court of the United States, in the case of Clinton vs. Engle-
brecht, decided that the U. S. Marshal of the Territory could not
lawfully summon jurors for the District Courts, and those courts held
that the Territorial Marshal illegally performed that duty, because he
is elected by the Legislative Assembly and not appointed as provided
for in the act organizing the Territory. All proceedings at law are

738 HISTORY OF UTAH.

practically abolished by these decisions, and there have been few or
no jury trials in the District Courts of that Territory since the last
session of Congress. Property is left without protection by the
courts, and crimes go unpunished. To prevent anarchy there it is
absolutely necessary that Congress should provide the courts with
some mode of obtaining jurors, and I recommend legislation to that
end, and also that the Probate Courts of the Territory, which now
assume to issue writs of injunction and habeas corpus, and to try
criminal cases and questions as to land titles, be denied all jurisdic-
tion not possessed ordinarily by courts of that description."

These recommendations were a comparatively insignificant part
of the legislation proposed at the previous session of Congress, and
which, if it had been secured, would have placed the lives, liberty
and property of the majority of Utah's citizens at the disposal of a
hostile minority. Nevertheless, the utterances of the Chief Execu-
tive gave fresh courage to the crusaders, and several anti-Mormon
measures were at once introduced in the Senate and the House.
All, however, with one exception, failed to pass.

On the 5th of January, 1874, Mr. Poland, of Vermont, intro-
duced in the House a bill "relative to courts and judicial offices
in the Territory of Utah." This was the nearest attempt to con-
form to the recommendations in the President's message, and as its
provisions discriminated against the majority of the citizens of the
Territory in various respects, it was vigorously opposed. The Legis-
lature of Utah was now in session, and endeavored to ward off the
proposed legislation by Congress. With this purpose in view, a
memorial was unanimously adopted, denying the accusations of
disloyalty made against the majority of the people of Utah and
earnestly soliciting the sending of a commission of investigation,
and the suspension, pending its labors and until it had rendered its
report, of all action in the nature of special legislation toward this
Territory.

This memorial was presented to Governor Woods for his
signature, but on February 4th he returned it with a caustic veto

HISTORY OF UTAH. 739

message, accusing the legislators of the Territory of enacting
improper laws. Said he: "To ask, or expect me to join you in
condemning my own official acts, pronouncing them 'absolutely
untrue,' and made 'with malicious intent,' is a sad commentary upon
the judgment and good taste of those who ask it. That I cannot do
so is certain."

The memorial, however, came before Congress, being presented
by Delegate Cannon on the 16th of February. It doubtless had a
measure of effect in the direction intended by the memorialists,
although the House Judiciary Committee, on February 21st,
expressed its opposition to the commission, and agreed to report the
Poland bill. On March 2nd, Delegate Cannon introduced into the
House a bill for an enabling act for the people of Utah to frame a
State government.*

Matters went along till May, with efforts for and against Utah,
until, early in that month, Mr. Poland withdrew his proposed
measure and presented one still further modified. This was
amended and became a law on the 23rd of June. It repealed
the laws of Utah respecting the Territorial Marshal and Attorney-
General, and placed the powers and duties of those officers upon the
United States Marshal and District Attorney. Certain judgments and
decrees of the probate courts — those already executed, and those
rendered, the time to appeal from which had expired— were confirmed,
but the jurisdiction of such courts was thenceforth to be limited to
the settlement of estates of decedents and to matters of guardianship
and divorce. The jurisdiction of justices' of the peace was slightly
extended, and the appointment, by the Territorial Supreme Court, of
United States Commissioners, authorized. Certain fees to Federal
officials were made payable out of the Territorial treasury. Appeals
were allowed to the United States Supreme Court in bigamy and

*This bill failed to pass, as did also one of a similar nature introduced into the
House of Representatives on December 21st, 1875. The last mentioned was supported by
a petition from the ladies of Utah. This bore 23,626 signatures, and in addition to the
request that Utah be given statehood asked that Congress repeal the anti-polygamy law.

740

HISTORY OF UTAH.

polygamy trials, as well as in cases involving capital punish-
ment, and the drawing of grand and petit jurors was placed in the
hands of the Probate Judge and the Clerk of the District Court.
This gave non-Mormons equal representation on the jury list with
the Mormons, though the latter were greatly in the majority in the
Territory. The Poland law met all the recommendations in the
President's message, and in probably as acceptable a manner to the
people of Utah as was possible under the circumstances. As a
statute which permits discrimination against one class of citizens it
cannot, of course, be commended. Yet its enactment in its modified
form was virtually a defeat of the crusading clique in Utah. Their
mountain had labored mightily in parturition for more than two
years, and had brought forth a very small rodent.

HISTORY OF UTAH. 741

CHAPTER XXVI.

1874-1876.

MORMON PATIENCE AND PATRIOTISM — LIBERAL PARTY TACTICS — MARSHAL MAXWELL INVOKES " THE
BAYONET LAW " TO CONTROL UTAH ELECTIONS TROUBLE AT THE POLLS THE SANDY DIS-
TURBANCE RIOT AT SALT LAKE CITY MAYOR WELLS ASSAULTED THE POLICE CHARGE THE

MOB ARRESTS AND COUNTER-ARRESTS TOOELE COUNTY CAPTURED BY THE LIBERALS

GOVERNOR WOODS AND JUDGE MCKEAN ASSIST IN THE FRAUD THE LEGISLATURE LAYS BARE

THE SHAMEFUL FACTS.

STRIKING feature of the period of the McKean crusade was
the remarkable power of self-control exhibited by the Mormon
people. The policy of their assailants, at all times a cause of
anxiety and distress, was frequently exasperating; yet it utterly
failed to provoke the Saints into a violent assertion of their rights.
They felt that they were attacked because of their religion, but they
also believed that the basic principles of the American Government
were divinely inspired, and they were determined to be true to both.
Hence their patriotic resolve that the struggle forced upon them
should be devoid of lawless demonstration on their part, and be
wholly within the pale of the Constitution.

With the full understanding that they were in no danger, of
bodily harm or from legal prosecution, it is not to be wondered at that
the worst elements of the Liberal Party were ripe for the lawlessness
displayed by them in connection with the general election of 1874.
Whether it was the intimidation of voters and an attempt to take
possession of polling places by force, or the crowding in of illegal
votes as a means to obtain office, it is evident that they expected
support from the Federal executive and judicial officers of the
Territory. In this they were not disappointed.

For the municipal election at Salt Lake City in February of that
year four tickets were formulated, though only two were used at the

742 HISTORY OF UTAH.

polls. The first two prepared were the nominations of the People's
and Liberal parties, the former naming Mayor Wells as a candidate
for re-election, and the latter placing Joseph R. Walker at the head
of their ticket. A third set of candidates took the title of "Working
People's ticket." The Liberals realized that there was no possibility
of electing their men, but the party managers, upon seeing the third
ticket in the field, decided upon a plan by which they hoped to defeat
some of the regular People's nominees. They accordingly intimated
to their following, at a meeting held on the Saturday evening before
election, that there would probably be a material change in the
party ticket. This suggestion was accepted with good grace, for
a characteristic of the Liberals — who so persistently and censor-
iously accuse others of precisely the same thing — is unquestioning
obedience to their party 'leaders.

Early on the day of election the plan conceived by the Liberal
managers was put into operation. A ticket bearing the heading,
"The People's Ticket," and in size, style of type, and color of paper,
an exact imitation of that being voted by the People's Party electors,
was circulated at the polling places. It was mistaken and voted, in
many instances, for the regular People's ticket, by those who did not
take the care to glance at more than the heading. Its candidate for
Mayor, however, was William Jennings. Two other names were
taken from the Working People's ticket, and five from among
the regular People's nominees. The rest were well known Mormons,
except the candidate for City Marshal, who was an ex-Mormon. Sim-
ultaneously with the appearance of this fourth ticket came posters
bearing an announcement signed by all the regular Liberal candi-
dates. These declined election, but called upon their supporters to
vote the latest ticket issued — that headed by William Jennings for
Mayor. By this move but two sets of candidates were left, both
running on tickets headed alike — the regular People's candidates, all
Mormons, and the opposition, all Mormons but one. The nature of
the contest caused considerable bustle and some excitement. The
election was the liveliest that Salt Lake had seen, yet everything was

HISTORY OF UTAH. 743

conducted with good feeling and in an orderly manner, the city's
peace being wholly undisturbed. That great interest was
taken in the proceedings is shown by the fact that the largest vote
that had ever been polled in the city or that was destined to be cast
here for fifteen years afterward, was recorded on that day. Mayor
Wells and those on his ticket received 3,948 votes, while the highest
number of ballots for an opposition candidate was 1,677.

Although the dominant party had gained a decisive victory over
the combination, the result of the election was quite encouraging to
the Liberals. They now anticipated that they could secure a good
following at Salt Lake City, and, aided by other means at their com-
mand, make a respectable showing of votes at the August election,
with which to contest the seat of the Utah delegate. The Liberals,
however, circumvented their own ends by anti-Mormon efforts with
the National Legislature. In response to the persistent clamor of
"the ring" for measures more stringent against the majority in
Utah, the Poland bill was passed by Congress and became a law on
June 23rd of this year. For its discrimination against the Mormon '
people, it was looked upon and denounced by them as unjust legis-
lation. Their unanimity and depth of sentiment upon the point was
expressed at the polls six weeks after the measure received the
signature of President Grant. There its immediate effect was the
solidifying of the entire Mormon vote. The whole opposition to the
regular People's Party ticket was less than two-thirds of what it had
been at the municipal election six months before.

The officers voted for on the 3rd of August, 1874, were Delegate
to Congress, Representatives to the Legislature, and County officials.
For Delegate, the People renominated Hon. George Q. Cannon. The
Liberal convention first named Henry W. Lawrence, but that gentle-
man was induced to decline the nomination and R. N. Baskin was
substituted. It was the design that he should contest Mr. Cannon's
right to a seat as delegate, and also endeavor to secure further legis-
lation against the Mormons. For the latter purpose he was regarded
as eminently more suitable than Mr. Lawrence.

744 HISTORY OF UTAH.

In the campaign preceding the election, considerable acrimony
was manifested. Governor Woods and other Federal officials took
active part, and in their public speeches vehemently denounced the
Mormon Church and its leaders. An idea of the position assumed
by the Liberals may be obtained from the following extract from their
party platform at that time :

In Ulysses S. Grant, President of the United States, and his Cabinet we recognize
friends of free thought, free speech, the supremacy of the laws, and determinable enemies
of theocratic rule and a treasonable Priesthood in Utah.

Although the Poland bill as passed by the late Congress is not sufficiently broad in
its provisions to correct many of the evils originally designed by the bill, yet we gladly
accept the imperfect provisions as a guarantee that Congress intends to perfect its work,
thereby giving protection to the weak, punish the wrong, and assert the due execution of
the laws of the United States in this Territory, for all of which the American citizens of
Utah feel gratefully thankful.

When it is understood that the Poland bill, as first introduced
in Congress, provided for the disfranchisement of Mormons because
of their religious belief, the reference to its "original design" can
be appreciated. That the Mormons were not inactive in the political
contest may be shown by the following arraignment of the Liberal
Party, promulgated on the eve of the election :

They do not care how votes are obtained, so that they get into office.

They constitute perhaps a tenth of the people, and lust to rule over the whole, locally
as well as federally.

U. S. officials among them neglect their official duties to go about ranting and wire-
pulling and intriguing for local office, and run away to Washington half their time to
procure special prescriptive legislation against the people of this Territory.

They are constantly working to induce Congress to legislate inimically to this
community.

They establish illegal courts to try and condemn the people.

They counsel insult and violence to other citizens.

They defy and strive to break down local laws and ordinances, and unmistakably
sympathize with, screen, and assist the open violators thereof.

They have proven themselves the friends of drunkards, peace-breakers, prostitutes,
thieves and murderers.

They are continually concocting the vilest lies and slanders concerning deserving,
honorable, and respected members of the community.

They vilify the wives, sisters and daughters of the best citizens.

HISTORY OF UTAH. 745

They give every encouragement to men of the baser sort in their lawless assaults
and depredations.

They have shown themseves the deadly enemies of the peace and good order of the
community.

They endeavor to stir up strife between the civil and military authorities.

They daily utter, concerning good and prominent citizens, lies too base and black to
be mentioned.

They designedly misrepresent the religious belief and practices of the people.

They try all in their power to get at the people's taxes.

They have succeeded in procuring a law to pay themselves enormous fees, etc., out of
the people's local taxes.

They have procured a law to deprive the people of power and heap it upon
themselves.

They have had Territorial, county and district officials supplanted by federal officials.

They try to have nine-tenths of the people disfranchised, and their property confis-
cated, on account of the religious belief of those citizens.

They try^ to exclude nine-tenths of the best citizens from the jury box because of the
religious belief of those citizens.

They try to have nine-tenths of the best citizens subject to be tried only by a jury of
the bitter enemies of those citizens.

They deny naturalization to aliens because of the religious belief of those aliens.

They try to deprive women of the right of suffrage, and of the right of honorable
marriage, but favor them if they can be induced to become " mistresses " or public
prostitutes.

They try to break up long-established families, imprison the husbands and fathers
thereof, and divide their property among lawyers chiefly.

They take away jurisdiction from local courts and give it to the federal courts.

They seek to have local laws annulled or superseded by special federal laws.

They try to have local city and other charters annulled, that they may heap the
more absolute power upon themselves.

In every way they can think of, they seek to insult, calumniate, vilify, and abuse
the citizens, men, women, and children, rob them of their constitutional rights and
privileges, spend their taxes for them, and reduce them to the condition of abject serfs,
with no rights which their demagoguish Liberal tyrants are bound to respect.

As the day for the election drew near, General Maxwell, the
United States Marshal, determined to try the virtue of a statute
made for the "reconstruction" period in the South. It was the
election "bayonet law," subsequently declared unconstitutional by
the Supreme Court of the United States. In his incalescent zeal,
however, he overlooked or ignored several essential preliminaries
required by the statute, so that his attempt to manipulate Utah

746 HISTORY OF UTAH.

election affairs was violative of instead of harmonious with the law
which he sought to invoke. Rumors, probably growing out of the
covertly expressed intention of the Marshal, were rife at Salt Lake,
alleging a design to sieze ballot boxes. In consequence of this,
the municipal authorities augmented the police force for the
preservation of order.

The first news of an actual disturbance was from Sandy, Salt
Lake County, on the morning of election day. A People's Party
man named Alsop was challenged, and the challenge overruled by
the judges of election, but when he attempted to deposit his vote,
several Liberal roughs made a dash for the ballot box. This,
however, was protected by the judges, but a fight ensued in which
the constable of the precinct — John W. Sharp — was vefy roughly
handled, being knocked down and jumped upon by his assailants.
Although balloting was resumed, disorder prevailed to a greater or
less extent during the day, its purpose and effect being the intimida-
tion of voters, numbers of whom, especially ladies, were restrained
by fear of violence or insult from going near the polls.

At Salt Lake City the efforts of the U. S. Marshal, to control the
election, by excluding the city and county guardians of thej)eace,
were virtually confined to the Fifth Precinct, where the Liberal
strength was concentrated. The polling place was at the City Hall,
at which point unpleasantness resulting from conflict of authority
arose early in the day. The police endeavored to preserve order,
and the deputy marshals assumed to do the same, but the opposite
methods of effecting this purpose soon brought the two parties into
contact, with the result that arrests and counter-arrests were
frequent, those taken into custody, both police and marshals, being
quickly bailed out by their respective partizans. Chief of Police
Rurt asked Marshal Maxwell to instruct his deputies to act in
harmony with the police and thus suppress rather than promote
disorder, but the bibulous propensities of the Marshal had been
indulged to the extent that he was in too belligerent a mood to grant
the reasonable request. Around the doors to the polling booth the

HISTORY OF UTAH. 747

wrangle grew apace and the excitement was fast and furious, yet by
their tact and firmness the municipal conservators of the peace had
for hours kept the anger of the noisy crowd below the exploding
point.

Toward evening, however, the Liberal mob — for such was now
the complexion of those engaged in the tumultuous proceedings —
discovered a slight opportunity for an outburst. Mayor Wells came
along the street and was in the act of entering the City Hall when
Deputy U. S. Marshal, J. M. Orr, who was under the influence of
liquor, siezed and pulled him off the doorstep into the crowd.
General Wells freed himself from the deputy, and was set upon by a
number of the latter's associates. Cries of "Shoot him! Shoot
him!" went up from the mob, one of whom was seen pushing
toward the Mayor with a drawn knife. While this scene was being
enacted the police were not idle. In fact it was their presence of
mind and brave promptitude that averted a bloody tragedy; for there
could be no doubt of the desire of the mob to assassinate General
Wells and possibly others. The moment the Mayor was drawn into
the crowd ten or twelve resolute policemen sprang forward to his
relief, dealing telling blows upon those who sought to impede their
progress. The Mayor was rescued, though his clothing was badly
torn in the melee, which lasted scarcely sixty seconds. In the
crowd were several bruised and bleeding heads, the severest wound
being received by B. F. Whittemore, who dropped like a log under a
blow from an officer's club; but none of the injuries inflicted were
dangerous or of lasting effect. The doors to the City Hall were
immediately closed, and the Mayor re-appeared on the balcony above
and commanded the crowd to disperse.

A few minutes later, Marshal Maxwell, who had been apprised
of the occurrence, appeared with several deputies and served
warrants of arrest on Mayor Wells and others. The crowd followed
some of the prisoners towards the Marshal's office, making noisy
threats on the way, and roughly jostling Police Justice Clinton,
against whom, for obvious reasons, the disorderly element had a

748 HISTORY OF UTAH.

standing grudge. But finally they dispersed. The city officers were
released on bail, and their prosecution was subsequently abandoned.*
In a preliminary hearing before U. S. Commissioner Toohy, of the
cases of Mayor Wells and Chief of Police Burt, the charges against
them were dismissed, the Commissioner finding that their conduct in
the affair was in pursuance of their official duties. This was
virtually a judicial condemnation, from his own side, of Maxwell's
unwarrantable interference at the election, f

Turning now to Tooele County. The condition there in 1874
gave an opportunity for successful fraud not to be neglected by the
Liberal Party managers. As previously shown, the discovery of
gold and silver in the Oquirrh Mountains had led to the location and
settlement of the mining town of Stockton in 1864, and within the
succeeding ten years the development of rich ore deposits in that
vicinity brought Ophir, Jacob City and other mining camps into
existence. Their growth, however, had been insignificant until
within a recent period, beginning with the advent of the railway.
The population in these towns, like that of every new district in the
West where the precious metals were to be obtained, was fluctuating,
and to a large extent composed of irresponsible and unscrupulous
persons with no fixed place of abode. Their uncertain and reckless
habits rendered them capable of being used in the promotion of
lawlessness whenever their passions and prejudices might be
gratified thereby. Contiguous to these towns in Tooele was the
mining camp of Bingham, in Salt Lake County, and from among its
inhabitants the Liberal leaders had little or no difficulty in importing
temporary "residents" to a desired locality for the purpose of
manipulating an election by illegal votes.

* The case of N. V. Jones was an exception. He was indicted on a charge of assault
with intent to murder B. F. Whittemore. He was tried in the Third District Court and
acquitted.

f Of the total number of votes cast in the Territory Mr. Gannon received 22,260
and Mr. Baskin 4,513 for Delegate to Congress. Mr. Baskin made a contest before the
House of Representatives, but failed in his efforts to unseat Mr. Cannon.

HISTORY OF UTAH. 749

At the time of which we write there was no registration law in
Utah. The qualification of electors, in addition to citizenship, was
that they had resided in the Territory six months preceding the
election. They were required to be taxpayers, as this fact was the
proof of residence ; and electors could vote only in the precinct in
which they resided. Non-taxpayers were thus excluded by law from
exercising the franchise. By this arrangement the name of every
qualified voter was on the tax list.

An aggressive campaign by the Tooele County Liberals, in which
Governor Woods and other Federal officials participated, aroused the
party's supporters to action; while quieter but not less effective
work brought out the entire strength of the People's Party; so that
on the 3rd of August, of the year named, an unusually heavy vote
was polled, even by those entitled to the franchise. But when the
election returns showed that over twenty-two hundred ballots had
been deposited in the boxes, while there were less than fifteen
hundred taxpayers in the county, it was at once apparent that a
great fraud had been committed. There was no doubt, either, as to
which political organization had availed itself of unlawful means in
furtherance of its purposes. In the Liberal precinct of Jacob City
alone that party's candidates received more than five hundred votes
in excess of the whole number of qualified electors in the precinct.

The People's Party managers and candidates seemed for a time
almost dumbfounded at the unblushing effrontery of this outrageous
imposition. The County Clerk, who was a Mormon, certified the
returns to the Secretary of the Territory as showing nearly twelve
hundred votes for each of the Liberals, and slightly over a thousand
votes for each name on the People's ticket. Within the legal limit of
ten days, however, a notice of contest was filed with the County
Court, as then required by law.

Immediately upon receipt of the County Clerk's certificate by
the Secretary of the Territory, Governor Woods issued to Lawrence
A. Brown a commission as Probate Judge of Tooele County, and
subsequently commissions were given to the other Liberal candi-

750 HISTORY OF UTAH.

dates. Mr. Brown tendered his bond as Probate Judge to County
Treasurer Atkin on August 17th, but the latter refused to accept it
because of the pending contest. A writ of -alternative mandamus
was issued by Judge McKean, — Tooele County being a portion of the
Third Judicial District, — requiring the Treasurer to receive the bond
presented or to show legal cause for his refusal. The matter came
before the District Court, which, on August 28th, gave judgment for
Brown, with four hundred dollars damages and costs. The court
held that the Governor's commission was the highest evidence of
election, and that it could not go behind the County Clerk's certifi-
cate to ascertain the true status of affairs. It also refused a stay of
proceedings pending an appeal to the Supreme Court of the Terri-
tory. By this ruling Judge McKean set aside the law providing for
the contest of an election for a county office.

Hon. John Rowberry held the position of Probate Judge of
Tooele County at the time of the election, and was the People's
candidate for the ensuing term. On September 7th, Mr. Brown pre-
sented his commission as judge to Mr. Rowberry, at the court house
in Tooele City, and demanded immediate possession of the office, but
was met by a firm declination. The occasion was one of absorbing
and even intense interest, because of the possible danger of bloodshed.
The County Court was in session, and U. S. Marshal Maxwell had
entered with about thirty armed followers, some of whom had been
previously heard to declare that they would that day " have the seal
and records, and hold court, or would gut the town." Maxwell
threatened to arrest Judge Rowberry, and the latter refused to recede
from his position except under an order of court. Brown applied to
the remaining members of the County Court for recognition as
Judge, but they replied that the contest now before them as a can-
vassing board must be determined, when they would recognize the
person legally elected to the office. At this juncture E. F. Martin,
Liberal, presented his bond and commission as County Recorder,
and attention was turned to that. Shortly afterward, Richard
Warburton offered his bond for the same office, but no commission.

HISTORY OF UTAH. 751

The court then set September 21st to hear the contest, and
adjourned. While the session was in progress, Maxwell's revolver
fell from his pocket to the floor. Upon the adjournment of court
the Marshal stepped up to Judge Rowberry, and in the brusque
manner for which he was so well known, remarked, "Judge, I
expected you and me to have been in another world by this time, as
my men intended to pick you the first, and I know that I was the
target for your men."

Mr. Brown, after receiving his commission as Probate Judge, had
appointed Maro J. Chamberlin as County Clerk, and on September
10th, accompanied by Deputy U. S. Marshals Smith and Kingsley,
and provided with an order from Judge McKean to seize the County
Clerk's office and the county records, seal and papers, Chamberlin
left Salt Lake City for Tooele. At E. T. City, Mr. Warburton,
County Clerk, was met, on the stage en route to Salt Lake. The
deputies demanded that he return to Tooele with them, but he
refused to do so. Next day Chamberlin, Smith and Kingsley took
possession of the clerk's office. Smith and Chamberlin then
returned to Salt Lake, leaving Kingsley in charge. He learned that
a ball was in progress that evening at Eaves' Hall, and feeling
inclined to "trip the light fantastic toe," left the place under guard
of a friend named Barrow. This man remained in the building till
after midnight, when, feeling chilly, he stepped outside to warm him-
self with a short walk. No sooner had he passed out at the door
than it was closed and locked by an employe of the office who had
not left the premises. Kingsley returned in a short time and learned
how affairs stood. He waited around until the evening of the 12th,
but being unable to regain an entrance into the building, retired.
This proceeding brought the matter into the District Court, which
Judge Rowberry and Clerk Warburton were required to attend on
September loth and 16th.

On the 17th, Judge McKean ruled that Rowberry and Warbur-

ton must relinquish the offices, and awarded Chamberlin $450
damages. During the trial, McKean refused to permit Judge

752 HISTORY OF UTAH.

Rowberry to introduce evidence of his title to the office, and in the
decision ridiculed him for not bringing forward such evidence. Next
day the Tooele County records were turned over to U. S. Marshal
Maxwell, and by him delivered to the Liberals, whose party boast-
fully heralded the event as the birth of "The Tooele Republic."

The contest before the County Court was determined on
September 26th. L. A. Brown, though exercising the functions of
Probate Judge under the rulings of Judge McKean, declined to take
part with the court as a canvassing board, and the proceedings were
conducted by the three Selectmen, in conformity with the Territorial
statute regulating contested elections. An investigation revealed the
extent of the fraud which had been perpetrated. The first case
examined was that of Messrs. Warburton and Martin, claimants for
the office of County Recorder. On the face of the returns the
former had received 1,039 votes and the latter 1,173. It was
discovered that in Ophir precinct, out of 410 ballots deposited, 280
were illegal because the depositors were non-residents. At Jacob
City 526 illegal votes out of a total poll of 570 had been cast by
persons who had not acquired a legal residence in the precinct or
county. At Lewiston 35 out of 43 votes, and at Deep Creek 23 out
of 53, were illegal for the same reason. In these five Liberal
strongholds 981 non-residents had voted. The canvassing board
found that if the entire legal vote of these precincts was given to
Martin, it would leave Warburton, for County Recorder, a majority
of 633. The board also ascertained that Judge Rowberry received
673 more votes for Probate Judge than had been legally cast for L.
A. Brown, whom the Federal officials had installed. W. H. Lee, for
Sheriff, had 644 votes over his opponent, and other People's
candidates on the county ticket had like majorities. The result of
the canvass by the County Court was certified, to the Secretary of
the Territory, but Governor Woods refused to issue commissions to
the legally elected officers. On the 1st of October, notwithstanding
the fact that the result of the contest before the canvassing board
was regularly brought to his attention, Judge McKean issued a

HISTORY OF UTAH. 753

peremptory order instating in office the Liberal sheriff and other
candidates of that party for county officers. Thus Federal executive
and judicial officers perfected the work of fraud, and in contravention
of the basic principle of republican government — the constitution-
ally expressed will of a majority of the citizens — the "Tooele
Republic" was inaugurated.

After performing the duties of Probate Judge for less than a
month, Mr. Brown, feeling some qualms of conscience over his part
in the affair, and realizing that most of the people held him in
contempt, resigned the office and moved away. Regardless of the
certificate of the canvassing board that Judge Rowberry was duly
elected to the position, George A. Black, who was Acting-Governor in
the absence, in California, of Governor Woods, appointed and
commissioned E. S. Foote as Probate Judge. This was on October
14th.

Another feature of the Tooele election of 1874 was the
prosecution in the District Court of several Mormons, charged with
voting illegally at that election. The facts are as follows. In early
days the Probate Courts in the Territory issued naturalization papers
to aliens. It was claimed that this action was valid, though there
was considerable doubt on that point. When the Poland law was
enacted it confirmed all judgments and decrees of the Probate Courts
which had been carried into execution, or where an appeal had not
been taken and the time for appeal had expired. Many thought that
this resolved the doubt in favor of the validity of the Probate Court
papers already issued, and over a hundred persons voted on them in
Tooele County. The District Courts subsequently decided that these
papers were void, and a number who had relied upon them and
voted were brought before Judge McKean and fined. A judge of
election, Mr. Lysander Gee, who had knowingly received such a vote,
was sentenced to a month's imprisonment. It is perhaps needless to
say that the punished judge of election and voters were supporters
of the People's Party. Not one of the illegal voters for the Liberals
was molested.

52-VOL. 2.

754 HISTORY OF UTAH.

There was one officer balloted for at the Tooele election in
whose case the final adjudication was not with Governor Woods or
Judge McKean. This was the Representative to the Legislature.
George Atkin was the People's candidate, and E. S. Foote the Liberal
candidate for that office. By the count of all the ballots cast, Atkin
was given 1017 and Foote 1201 votes. The determination as to
which was elected was with the House of Representatives, and when
the Legislative Assembly convened on January 10th, 1876,* a contest
was instituted and careful and searching inquiry made into the facts.
It was learned that a considerable number of persons who had only
declared their intention to become citizens had voted under the
mistaken impression that their first papers entitled them to do so.
The result of the investigation was the rejection of the following

votes :

FOR ATKIN. FOR FOOTE.

Persons voting on first papers, 147

Persons voting whose names are not on tax list, 59 929
Non-residents of precincts where votes were cast,

Minors, 2 0

Aliens, - 26 5
Repeaters, - 01

Totals, 237 945

The vote then stood: Foote 256; Atkin 780. The latter was
524 ahead, but his vote was further reduced by the ballots of 121
persons who held Probate Court papers only. Without these he had
a majority of 403 over Foote, and was accordingly seated as the
Tooele Representative.

At the general election in August, 1876, an attempt was made in
Tooele County for a fusion ticket between Mormons and conservative
non-Mormons, but it failed; and the People's voters, realizing that the
conditions were adverse to their obtaining a fair count, took little or

* The salaries of members of this Legislature were diverted by Congress to the pay-
ment of expenses of the Federal Courts. No appropriation was ever made by Congress
for the reimbursement of the legislators.

HISTORY OF UTAH. 755

no interest in the proceedings. George R. Warren, the Liberal who
was elected Representative, failed to qualify, and the county was
unrepresented in the Legislature of 1878. How the county was
subsequently rescued from the hands of the Liberals, after four
and a half years of fraudulent and extravagant misrule, will be set
forth in the succeeding volume.

756

HISTORY OF UTAH.

CHAPTER XXVII.

1873-1875.

THE ANN ELIZA CASE BRIGHAH YOUNG'S " NINETEENTH WIFE " SUES FOR DIVORCE AND

ALIMONY JUDGE MCKEAN GIVES HER THE STATUS OF A LEGAL WIFE AND ISSUES AN

ORDER GRANTING ALIMONY PENDENTE LITE FAILING TO COMPLY WITH THE JUDGE'S DECIS-
ION THE FOUNDER OF UTAH IS SENT TO THE PENITENTIARY THE BOOMERANG RETURNS

FALL OF JUDGE MCKEAN CHIEF JUSTICE LOWE SUCCEEDS HIM FURTHER FACTS IN THE

< DIVORCE SUIT OF YOUNG VERSUS YOUNG THE CASE OF FLINT VERSUS CLINTON THE RICKS

MURDER TRIAL THE REYNOLDS CASE PRESIDENT GRANT'S VISIT TO UTAH.

AN detailing the facts connected with the rise of the so-called
y " Republic of Tooele," we have again been forced to anticipate
events to which it is now time to return. What we wish specially
to present in this chapter is a narration of the celebrated "Ann
Eliza" divorce case, which constituted the rock upon which Chief
Justice McKean finally fell and was figuratively if not literally
broken in pieces.

It was not in the nature of things that a man like James B.
McKean, with his fanatical temperament and headstrong will, if left
long enough in power, would fail to commit some act which would cap
the climax of his career of reckless blundering and recoil upon him
with fatal effect. He had survived the shock of the Englebrecht
decision, shattering, as it did, the major portion of his judicial rul-
ings in Utah and his hopes of political preferment based thereon ;
but it was because he knew himself to be sustained by President
Grant, who, while removing District Attorney Rates, 'on account of
his opposition to the Chief Justice, and superseding Marshal Patrick
by the anti-Mormon fire-eater, General Maxwell, retained in place
and power Judge McKean, in spite of the roaring storm of censure
that his illegal and despotic course had evoked. The stubborn and
impenitent pride of the Chief Justice, who persisted in the belief, or at

HISTORY OF UTAH. 757

any rate the assertion, that he was right and the Supreme Court and
his critics throughout the country wrong in the controversy at issue,
doubtless aided to uphold him in that trying hour; but alas! it also
helped to blind his eyes and harden his heart to the consequences of
future misconduct, so that, profiting nothing by his past mistakes, he
discerned not, or cared not, for the foaming breakers which should
have warned him of the rocky reef upon which his official bark was
so recklessly driven. It is an old and true adage that a certain class
of characters, if given enough rope, will hang themselves. Without
meaning to include Judge McKean in any opprobrious allusion, it is
pertinent to say that so far as cause and effect are concerned, his
case proved no exception. His powerful friend, President Grant, did
him no real service when he gave him a longer lease of power than
that which should have ended with the delivery of the Englebrecht
decision. It was simply the rope with which he hanged himself.
How the deed was done it is now the author's province to explain.

On the 28th of July, 1873, a divorce suit had been planted in
the court presided over by Judge McKean. The plaintiff was Mrs.
Ann Eliza Webb Young, the alleged nineteenth wife of President
Brigham Young, who was made the party defendant. Besides a
decree of divorce and permanent support for herself and her
children, the plaintiff asked for alimony and sustenance pendente lite,
or during the progress of the litigation. Messrs. Frank Tilford, Albert
Hagan and John R. McBride were the attorneys for the plaintiff, and
Messrs. Hempstead and Kirkpatrick, Parley L. Williams, Le Grand
Young and Ben Sheeks, counsel for the defendant.

The plaintiff alleged, among other things, that she was a native
of Nauvoo, Illinois, but had resided continuously in Salt Lake
County, Utah, since the year 1848; that on the 6th of April, 1868,
she and the defendant, Brigham Young, intermarried in this county,
and that ever since then she had been his wife; that at the time of
this union she was the mother of two children, aged respectively
four and two years, the issue of a former marriage; »that these
children, both boys, were still living and were in her custody, with

758 HISTORY OF UTAH.

no means of support excepting such as she could provide. Then
followed allegations as to neglect, unkindness, cruelty and desertion
on the part of the defendant, who was charged with having failed
for some time to provide for the plaintiff. Wherefore she now
prayed that by the final decree of the court the defendant be
required to support her and her children, and that the bonds of
matrimony between him and herself be forever dissolved ; also that
during the pendency of this action the defendant be required to pay
alimony for the maintenance and support of her and her children,
and likewise the fees of her solicitors and counsel. She represented
that the defendant was the owner of vast wealth, amounting to
several millions of dollars; that he was in the receipt of a monthly
income of not less than forty thousand dollars; and she prayed for
an ad interim allowance of one thousand dollars per month.

In answer to the complaint the defendant interposed as follows.
He denied that the plaintiff was or ever had been his legal wife,
though he admitted that on the 6th of April, 1868, he had married
her as a plural wife according to the rites of the Church of Jesus
Christ of Latter-day Saints, of which they were both members. He
had been advised since their marriage, though he was not aware of it
at that time, that the plaintiff had never been divorced from her
former husband, James L. Dee, whom she wedded on the 10th of
April, 1863. Consequently the said James L. Dee, who was living,
was still her lawful husband. The defendant further alleged that
on the 10th of January, 1834, at the town of Kirtland, Ohio, he had
been duly and lawfully married to Mary Ann Angell, who was still
living and had ever since been his lawful wife. The allegations of
the plaintiff as to neglect, unkindness, cruelty, failure to support, etc.,
were all denied, as was her statement respecting the wealth and
monthly income of the defendant. He alleged that according to his
best knowledge and belief all his property taken together did
not exceed in value six hundred thousand dollars, and that his gross
income fro«i all sources was not more than six thousand dollars per
month. The defendant denied that one thousand dollars, or

HISTORY OF UTAH. 759

any other sum exceeding one hundred dollars per month, would
be a reasonable allowance to the plaintiff, even if he was under
any legal obligation to provide for her during the course of this
litigation.

The case, like Pope's wounded snake, "dragged its slow length
along." A demurrer to the complaint was filed by the defense
on the 7th of August, 1873, and overruled by Judge McKean
on the 24th of July, 1874. On August 25th of the latter year
the defendant's answer was filed, and in September following
arguments were made upon the motion to grant temporary alimony
and counsel fees. It was not until the 25th of February, 1875,
nineteen months after the filing of the plaintiff's petition, that the
question of alimony pendente lite was ruled upon. On that day
Judge McKean gave a lengthy decision covering the point, and on
the ensuing day issued an order of court conformatory thereto. He
directed that the defendant pay to the plaintiff the sum of
three thousand dollars to defray the expenses of prosecuting her
suit, and that he also pay to her for her maintenance and the
maintenance and education of her children the further sum of five
hundred dollars per month, to commence from the date upon which
the complaint was filed. Ten days were given the defendant in
which to pay the three thousand dollars, attorney's fees, and twenty
days in which to pay nine thousand five hundred dollars,
accumulated alimony for the period of nineteen months. Thereafter
he was to pay five hundred dollars on the first day of every month
during litigation in the case. An exception was taken by the
defense, and on the 8th of March, ten days after the issuance of the
order, an appeal to the Supreme Court of the Territory was
perfected.

At the expiration of the time within which the defendant was
required to conform to that part of the decision relative to the
payment of the three thousand dollars, attorney's fees, no such pay-
ment having been made, the plaintiffs counsel obtained an order of
attachment requiring the defendant to come into court and show

760 HISTORY OF UTAH.

•
cause why he should not be punished for contempt. President

Young, on the morning of the llth of March, appeared personally
and by his attorneys in the District Court and made answer
accordingly. The answer, which was read by Mr. P. L. Williams,
stated that the respondent had been advised by his counsel that he
was by law entitled to an appeal from the decree of the 25th of
February, and that pending the determination of such appeal the
execution of the court's order might be stayed ; that an appeal to the
Supreme Court of the Territory had been taken and perfected, and
that his omission and failure to comply with the said order
was owing wholly to his desire to obtain the benefit of his appeal.
The respondent disclaimed all intention or disposition to disregard
or treat contemptuously any process of the court, and prayed that
further proceedings in execution of the order relative to the payment
of fees and alimony be stayed until the determination of the
appeal.

Arguments of counsel followed, prior to which Mr. Williams
and subsequently Mr. Hempstead asked Judge McKean to allow the
defendant to retire from the court room. It was represented that he
was not in good health, and that he was ready to enter upon
recognizances or to give a bond for his appearance whenever
required. The only answer vouchsafed was a remark to the effect
that the arguments in all probability would not be lengthy. A
moment later the Judge informed the speakers that no undue limit
would be placed upon them. It was evident that McKean had
prepared in his own mind a little program, which he was bent
upon carrying out in spite of all the arguments that might be
adduced, and the complete success of that program demanded
that the preordained victim, Brigham Young, be upon the scene
when the denouement came. Hence the refusal to allow him to
retire.

Mr. Hempstead made the opening argument, and was followed
by the attorneys for the plaintiff, after which Mr. Hempstead closed.
Judge McKean then wrote out and read the following order:

HISTORY OF UTAH. 761

TERRITORY OF UTAH, •>
Third District Court, j

Anna Eliza Young, by her next friend, vs. Brigham Young.

This court, having on the 25th of February last, made an order in this cause, order-
ing and adjudging that defendant herein should pay alimony and sustenance, the former
within twenty and the latter within ten days thereafter, and the defendant having dis-
obeyed the said order in this, that he has refused to pay the sustenance therein ordered to
be paid, and the defendant having been brought before the court by warrant of attach-
ment and ordered to show cause, and having in writing and by counsel, shown such
cause as he and they have chosen to present to the Court ; and the Court holding and
adjudging that the execution of the said order of the 25th day of February last can be
stayed only by the order of this or some other court of competent jurisdiction.

It is therefore, because of the facts and premises, ordered and adjudged that
defendant is guilty of disobedience to the process of the Court, and is therein guilty of
contempt of Court.

And since the Court has not one rule of action where conspicuous and another
where obscure persons are concerned ; and since it is a fundamental principle of the
Republic that all men are equal before the law ; and since this Court desires to impress
this great fact, this great law upon the minds of all the people of this Territory:

Now, therefore, because of the said contempt of Court, it is further ordered and
adjudged, that the said Brigham Young do pay a fine of twenty-five dollars, and that he
be imprisoned for the term of one day.

Done in open Court, this llth day of March, 1875,

JAMES B. McKEAN,
Chief Justice and Judge of the Third District Court.

As soon as the reading was ended Attorney McBride requested
the court to so amend the order as to cause the defendant to
be imprisoned until the fees were paid. The Judge replied that he
would let the future take care of itself. The three thousand dollars
were paid to the plaintiff's attorneys by Mr. James Jack, President
Young's chief clerk, just after the rendering of the decision.

With the calm dignity so characteristic of him, particularly in the
presence of a crisis, President Young received the sentence passed
upon him by Judge McKean. The same quiet demeanor which he
had worn all through the proceedings ending in the indignity so
ungenerously put upon him, was manifested as he arose and left
the court room in custody of U. S. Deputy Marshal A. K. Smith.
Entering his carriage, which had remained in waiting, the President,
accompanied by his guard, was driven to his own residence, where

762 HISTORY OF UTAH.

he ate dinner, supplied himself with bedding, clothing and such
other articles as he might need while in prison, and was then
conveyed through a heavy snow storm to the Penitentiary. Mayor
Wells, Dr. S. B. Young and Mr. William A. Rossiter accompanied
the President and Deputy Marshal Smith, and remained at the
Warden's house over night. Many other friends of the prisoner
drove out to the Penitentiary during the afternoon, and a small host
of sympathizing adherents, awaiting the hour of his deliverance,
found lodgings at every available place in the vicinity. The Presi-
dent was at first locked in a cell — the only one that the institution
afforded — with murderers, thieves and other convicted criminals,
or men awaiting trial for alleged crimes; but this was only
until better quarters could be provided for his reception. In a
short time he was transferred to a room adjoining the Warden's
house, where he passed the night in comparative comfort. He
received from his guard all the courtesies that could consistently be
granted under the circumstances. Between twelve and one o'clock
next day, Friday, March 12th, — the brief term of imprisonment
having expired — the prison gates swung open, and the freed captive,
surrounded by a multitude of friends, was escorted back to the city.
Upon the sensation, at home and abroad, caused by the
imprisonment of the venerable founder of Utah, we need not
dwell. Suffice it to say that outside of the McKean coterie and its
sympathizers, the tyrannical conduct of the Chief Justice, in casting
him into a dungeon for an offense so slight and unintentional as
that which he had technically committed, — though under a decision
subsequently determined to be illegal — was universally regarded as a
most unmagnanimous act. Gentiles and Mormons alike condemned
it, and the fair-minded press of the entire country out-vied even the
Utah papers friendly to the Mormons in deprecating and denouncing
it. Here are a few samples of these anti-McKean criticisms, culled
from the newspapers of some of the leading cities of the land.
The first is from the New York Post, and is anent the decision
of the 25th of February:

HISTORY OF UTAH. 763

After more than six months' deep study his Honor, Chief Justice McKean has given his
decision in the case of " Ann Eliza against Brigham Young," for alimony pendente lite
for divorce. It is embraced in two closely printed columns of a Salt Lake newspaper,
which a correspondent, who sends us a copy of it, writes that he confesses his inability
to comprehend. But therein the judge evinces his wisdom. If his opinion were written
in the language of the Utes or Sioux he could not be so successful in disguising his
reasoning, those aboriginal tongues not being adapted to the concealment of thought by
verbiage. Only one thing is clear — that is, that the plaintiff is to have her law expenses
paid and $500 monthly alimony pendente lite. Thus in order to deplete Brigham 's bank
account the judge repudiates his own principles and infringes upon the law against
polygamy, which he has heretofore so strenuously maintained. By this law a man can
have but one wife. Brigham Young fought his case " on this line," proving that he was
married to Mary Ann Angell, his still living wife, on January 10th, 1834. By the law of
Congress made especially for Utah, and by the common law of the land, any other
woman taken by him to his bed and board after his first legal marriage is not his wife.
This is the vejy point that Judge McKean has heretofore considered it his special mission

to establish.

•

But now comes Mrs. Ann Eliza Webb, and on the 6th of April, 1868, (Brigham
Young having previously taken to himself, unlawfully, seventeen other women) and
according to the laws of the Mormon Church becomes his nineteenth wife, or, according
to the laws of the United States, his eighteenth concubine. Married according to the
rules of that church, she knew what they were. They expressly permit a woman to
claim divorce at any time, without alimony. Connecting herself with Brigham in what
Judge McKean has always rightly declared to be an illicit way, she renders herself, as
well as Brigham, liable to criminal prosecution. By his decision the judge recedes from
his own principles, and may fairly be hailed by the Mormon Church as a convert to the
doctrine of polygamy.

Regarding the "Ann Eliza" case, the alimony decision, and the
imprisonment of the Mormon leader for alleged contempt of court,
the San Francisco Bulletin had this to say :

The court ordered that Brigham Young should pay over about 83,000 to aid Ann
Eliza in prosecuting her suit for divorce. Young hesitated to comply with this order, and
the court inflicted a fine and ordered that he should be imprisoned twenty-four hours
after Young had paid over the $3,000 to the clerk of the court. Young disclaimed any
intention of committing a contempt, but desired to raise the question of his liability before
a higher court. By this ruling Judge McKean assumes that Ann Eliza was actually
married to Brigham Young, when all the facts show she was never legally married to

him, and could not be, from the very nature of the case.

***********

When Judge McKean assumes that this woman is the wife of Young, makes an
interlocutory decree granting her $3,000 to maintain a suit for divorce, when there never
was a legal marriage, and commits Young for contempt because he hesitates long enough

764 HISTORY OF UTAH.

to raise the question of the legality of the order, he burns some strange fire on the altar

of justice.

* * * ********

It is a reproach to the country that Young was not long ago dealt with squarely on
the ground that every polygamous marriage is a crime. But an oblique and cunning
interpretation of law which assumes that to be a marriage which was no marriage, only
a scandalous cohabitation, is not a straightforward way out of the difficulty. Instead of
taking the bull by the horns, it is an attempt to grasp him by the tail.

There is another phase of the case which cannot escape notice. When Ann Eliza
Young takes to the platform and recites her assumed wrongs in the ears of the public, it
is competent for the public to inquire whether she makes out any case calling for special
sympathy. The evils which she suffered were incident to the social economy which was
good enough for her so long as she could supplant the lawful wife of Brigham Young.
What were the evils which this wife suffered? Ann Eliza, who now seeks to make
merchandise out of her illegal relations with Brigham Young, entered into that relation
in mature years, and after she had been lawfully married to another man. ^ As a social
reformer she does not present any striking or salient features. Nor can her contribution
to platform literature be very attractive to right minded people.

The Chicago Times, on the day that President Young was set at
liberty, uttered the following opinion respecting the treatment to
which he had been subjected :

The proceeding is a somewhat extraordinary one. It is customary, when an appeal
has been taken and bonds filed for the faithful performance of the verdict of a court, to
hold judgments in abeyance until the appeal is at least argued. This summary method
of dealing with the Prophet looks very much like persecution, and will awaken sympathy
for him instead of aiding the cause of justice.

But the most satisfactory utterance, and one which caused a
great and spontaneous outburst of general rejoicing throughout
Utah, was the following message that came over the wires from the
nation's capital five days after Judge McKean had emptied his last
vial of official wrath upon the head of the foremost spirit of Mor-
mondom:

WASHINGTON, 16. — The President has nominated Isaac C. Parker, of Missouri, Chief
Justice of Utah, vice McKean ; and Oliver A. Patten, of West Virginia, register of the
land office at Salt Lake City. The nomination of ex-Congressman Parker, of Missouri,
to be Chief Justice of Utah, involves the removal of Judge McKean, but does not indicate
any change in the policy of the administration regarding the question of polygamy. The
removal, and that of the present register of the land office in Salt Lake, are caused by
what the President deems the fanatical and extreme conduct on the part of these officers,

HISTORY OF UTAH. 766

as evidenced by their violent attacks on Governor Axtell and certain senators who
recommended his appointment, and by several acts of McKean which are considered
ill-advised, tyrannical and in excess of his powers as judge."

Thus it was that Judge McKean's career came to a close. The
powerful hand which had so long upheld him was withdrawn, and
beneath the accumulated burdens of his own blunders he sank
never to rise again. The few remaining years of his life were spent
in Utah, where he occasionally practiced at the bar, but it was as a
broken-down, dispirited man that he eked out the remainder of his
existence. His health was shattered, and his physical system, weak-
ened and debilitated, finally fell a prey to the grim destroyer. He
died of typhoid fever at Salt Lake City on the 5th of January, 1879,
and was buried in Mount Olivet Cemetery.

The rumored appointment of ex-Congressman Parker, of Mis-
souri, to succeed McKean as Chief Justice of Utah, was an error.
Instead of him, it proved to be Hon. David B. Lowe, of Kansas, who
had been named for the position. The mistake arose from the
fact that Mr. Parker had simultaneously been nominated for the
Judiciary of Arkansas. Chief Justice Lowe arrived at Salt Lake City
on Saturday, April 10th, 1875, and on the 14th of that month was
assigned by Governor Axtell to the Third Judicial District, taking his
seat upon the bench the same afternoon. Associate Justice Emer-
son, who, in the interim between the stepping down of Chief Justice
McKean and the arrival of his successor presided in the Third
District, was on the same day re-assigned to the First.

The case of Young versus Young came before Judge Lowe on
April 24th, on an application for the defendant to be required to
show cause why he should not be punished for contempt in failing to
pay the $9,500 alimony awarded to the plaintiff by Judge McKean.
Judge Lowe was urged to imprison the defendant for the alleged
contempt, but on May 10th he made a ruling which was designated
by members of the bar generally to be "the most learned opinion
ever delivered from the bench in this Territory." In this he refused
to grant the motion of the plaintiff's attorneys for the reason that a

766

HISTORY OB1 UTAH.

valid marriage had neither been admitted by the parties nor
proved.

After the resignation of Judge Lowe, a few weeks later, and
before the arrival of his successor, Alexander White, the motion
disposed of by the former was renewed before Judge Boreman, who,
on October 30th, granted the request therein, and ordered the
defendant imprisoned until the $9,500 was paid. During these pro-
ceedings President Young was too ill to appear in court. The Judge,
however, insisted that he be present at the time the decision was
rendered, until the attorneys for both sides united in a request that
the rule be not enforced. Judge Boreman did not order the
defendant to be incarcerated in the Penitentiary, but left the place of
his imprisonment to the discretion of Marshal Maxwell. Under the
circumstances the latter decided that President Young's own
residence was the most suitable place, and for three weeks the
defendant was again in custody. His guards were Deputy Marshals
Arthur Pratt and Boman Cannon.

Three days after Judge Boreman's action, the subject was a
topic of discussion in a cabinet meeting at Washington, and the
Attorney-General sent a requisition to the Utah officials for a copy of
all the papers in the case. On November 12th a writ of habeas
corpus was taken out before Chief Justice White, who, on the 18th,
set the defendant at liberty, because the order of Judge Boreman, in
re-adjudicating the identical issue previously disposed of by Judge
Lowe in the same court, was unauthorized and therefore void.*

* Chief Justice White had entered upon his official duties that same month —
November, 1875. He only remained three months. On February 9th, 1876, he was
called to Washington to answer charges made against him before the Senate Judiciary
Committee, and his nomination was withdrawn by the President on the 20lh of March
ensuing. In charging the Grand Jury of his court in February, 1876, Judge White paid
the following tribute to the virtues of the Mormon people :

" I have not, nor do I propose to enter upon a discussion of the morality or
immorality of polygamy practiced by a people, who, in other respects, are law-abiding,
moral and upright. Upon that point you would probably differ among yourselves, and a
portion of you differ from the court. With the ethics of the subject neither you as grand
jurors nor I as a court have anything to do. I do not utter the language of prejudice, nor

HISTORY OF UTAH. 767

Judge White was succeeded by Chief Justice Michael Shaeffer,
who assumed the ermine on May 31st, 1876. Upon his accession to
office, an effort to compel the defendant to pay alimony was again
made. There had been only one payment of $500, while under the
decision of February, 1875, a total of $18,000 was due. Judge
Schaeffer reduced the alimony pendente lite to one hundred dollars per
month, thus making the entire sum $3,600. On July 31st, 1876, it
was ordered that the defendant pay this, or in default thereof that an
execution issue against his property. Under this writ about four
thousand dollars worth of personal property was sequestrated, and
on November 1st it was sold at auction, realizing $1,185. For the
remainder, rents of certain realty owned by the defendant were
ordered seized. On April 20th, 1877, the divorce case at last came
to trial; and after hearing the testimony and arguments Judge
Schaeffer decreed the polygamous marriage between the parties to be
null and void. He directed that all orders for temporary alimony
which had not been complied with, paid or collected, be revoked
and annulled, and assessed the costs of the suit against the de-
fendant.

Several other important cases had come up in the Third District
Court during the last days of Judge McKean and the ad interim term
of Judge Emerson. One was the case of Flint versus Clinton, the
plaintiff in which was Miss Kate Flint, keeper of a house of ill fame,
and the defendant Alderman Jeter Clinton, who was impleaded with

treat lightly or derisively the Mormon people or their faith. No matter how much I
differ from them in belief, nor how widely they differ from the American people in matters
of religion, yet testing them and it by a standard which the world recognizes as just, that
is, what they have practiced and what they have accomplished, and they deserve higher
consideration than ever has been accorded to them. Industry, frugality, temperance,
honesty, and, in every respect but one, obedience to law, are with them the common
practices of life. This land they have redeemed from sterility, and occupied its once
barren solitudes with cities, villages, cultivated fields and farm-houses, and made it the
habitation of a numerous people, where a beggar is never seen and alms houses are
neither needed nor known. These are facts and accomplishments which any candid
observer recognizes and every fair mind admits."

768 HISTORY OF UTAH.

others.* The litigation grew out of the abatement by the Salt Lake
City police, under a warrant issued by Alderman Clinton, of two
houses of prostitution, one of them owned' and conducted by the
plaintiff. The act of abatement took place on the 29th of August,
1872. This suit, like its celebrated predecessor, the Englebrecht
case, was indicative of the struggle then going on in Utah between
the opposing elements of vice and virtue, — the latter represented by
the local civic authorities backed by the united sentiment of the
majority of the people, and the former by saloon men, gamblers and
prostitutes, encouraged in their lawlessness by the anti-Mormon
ring, and all but openly championed by officials of the Federal Gov-
ernment. It came on for trial on the 9th of March, 1875, and was
the last important cause adjudicated by Judge McKean. Messrs.
Robertson, Morgan and McBride appeared for the plaintiff, and
Messrs. Snow, Sutherland and Bates for the defendant. During the
empaneling of the trial jury, an effort was made to exclude all Mor-
mons therefrom, the plaintiff filing an affidavit to the effect that the
defendants were members of the Church of Jesus Christ of Latter-
day Saints, and that she was not; and having, as she believed,
"incurred the displeasure of the said Church organization," she
prayed that membership therein might be deemed a sufficient cause
for the challenging of jurors. The court allowed the affidavit to be
filed, but did not sustain the challenges based thereon by the plain-
tiff's attorneys. A jury of Mormons and non-Mormons was finally
obtained, and after the arguments had been made, was duly charged
by the Chief Justice. This was on the 15th of March, one day prior
to his removal from office. The charge was altogether in favor of
the plaintiff. It was to the effect that Justice Clinton and his co-

* A subsequent charge against Doctor Clinton was that of murdering John Banks,
who died of wounds received in the Morrisite war. He was arrested on July 19th, 1877,
and lodged in the Penitentiary. U. S. Marshal Nelson placed him in irons and subjected him
to other severe treatment. The Doctor was in ill health and public indignation \\a>
aroused by the Marshal's harshness, and on August 4th the prisoner was removed to the
Salt Lake County jail. When a judicial investigation was made he was exonerated from
the charge and set at liberty.

HISTORY OF UTAH. 769

defendants went beyond the law in destroying her property.* The
Judge said that if the jury found the destruction was maliciously
done, they should find a verdict for the plaintiff for three times the
value of the property destroyed; but that in the absence of the
element of malice the verdict should be for an amount equal to the
value of the property alone. The jury, on Wednesday, March 17th,
came into court and announced that they were unable to agree upon
a verdict. Thereupon they were discharged from further considera-
tion of the case, which was subsequently continued for the term.
Judge McKean, who had evidently passed a sleepless night, — the news
of his official decapitation having been received just the day before,
—immediately after the report of the jury as to their disagreement,
though it was yet early in the forenoon, ordered an adjournment of
court. He never again sat upon the bench in the Federal court room.

Next morning — March 18th — Associate Justice Emerson took
the chair of the Chief Justice, who busied himself with minor
matters in chambers. It was in response to the unanimous wish of
the leading members of the bar, expressed to Governor Axtell, that
the latter appointed Judge Emerson to take temporary charge in the
Third District. Emerson was not only regarded as an upright
magistrate and a sound jurist, but was also known to be an energetic
official, who had a way of pushing through the business of his court
that was exceedingly gratifying to attorneys, litigants and prisoners
awaiting trial, many of whom were disgusted and disheartened at
"the law's delay" under the administration of Judge McKean. f

One of these prisoners was Colonel Thomas E. Ricks, ex-Sheriff

* The Congressional statute at that time restricted the jurisdiction of Justices of the
Peace to cases in which the value of property involved was less than one hundred dollars.
This suit and that of Englebrecht and Co., against the city officers, were finally settled by
compromise between the parties.

fFor being understood as intimating certain things in relation to these delays, Attorney
George E. Whitney on one occasion was severely reprimanded by Judge McKean in open
court. After adjournment, as the Judge was leaving the room, Mr. Whitney accosted him
and told him that he had lied. Proceedings in contempt followed, but before the climax
was reached McKean was removed from office. It was believed that his displacement
was partly due to Mr. Whitney's influence at Washington.

53-VOL. 2.

770

HISTORY OF UTAH.

of Cache County, who, at the time that Judge Emerson began
holding court at Salt Lake City, had been lying in prison for six
months, awaiting trial on a trumped up charge of murder, alleged to
have been committed about fifteen years previously. During his
imprisonment he had had opportunities to join two successful escape
parties, but had preferred to remain in durance and have his case
come to trial, feeling confident that he would be acquitted and
desiring to clear his name of the stigma placed upon it by the
grand jury which had indicted him.

The facts relating to the alleged crime are these. About the
last of June or the beginning of July, 1860, Colonel Ricks, who was
then Sheriff of Cache County, arrested one David Skeene for horse-
stealing, and had him in custody at Logan. The place of his
temporary confinement was an old log school-house in that town.
Skeene was a confirmed horse-thief and a dangerous and desperate
character. He had formerly been under arrest in Utah County, but
had succeeded in escaping after being hotly pursued and shot at by
the officers. During the night following the day of his arrest in
Cache County — July 2nd — the inhabitants of Logan were startled by
the report of several Ipistol shots in the vicinity of the log school-
house in which Skeene had been placed, with Sheriff Ricks and
others on guard over him. Several citizens, hastening to the spot,
found the body of the horse-thief lying dead outside the building,
and were informed by the Sheriff and his men that he had been shot
while attempting to escape. Colonel Ricks stated that Skeene had
come at him as if to snatch his revolver, whereupon he, the Sheriff,
threw up his arms to ward him off and at the same time discharged
his pistol, the ball taking effect in the floor. Again the prisoner
rushed upon him and the officer then fired at him repeatedly till he
fell. This statement was confirmed by William Chambers, one of
the guards, who, at the inquest held over the dead body of the
prisoner, testified that he was guarding Skeene at the time and that
the latter thought he (the witness) was asleep when he "made a
grab" for Sheriff Ricks.

HISTORY OF UTAH. 771

The inquest referred to was held at Logan on July 3rd, 1860,
before Justice of the Peace, E. Landers, and a jury composed of
Messrs. William B. Steele, William B. Preston, D. B. Dille, John Nelson
and Cyrus W. Card. The witnesses examined were Thomas E. Ricks,
who gave his account of the attempted escape and killing; William
Chambers, who confirmed that account and testified to other particu-
lars; James Denning, who stated that he had heard the shooting and,
rushing to the spot as soon as possible, had found Skeene lying dead;
James Pierson, who had seen men lurking about town whom he
believed to be planning the escape of the prisoner; N. W. Birdno,
who had seen a man running from the vicinity of the school-house
immediately after the shooting, and David B. Dille, surgeon, who
with the assistance of the jury examined the body and found five
bullet holes, three in and about the breast and two in the loins.
The verdict of the jury was to the effect that the deceased, Elisha
David Skeene, came to his death in attempting to make his escape
from the officers and guard who had him in custody.

Such were the facts relating to the killing, and it was out of
these and other materials that District Attorney Carey, assisted by
Mr. R. N. Baskin, proposed to construct a case of murder. They
claimed to have been informed — and it was upon this information
that Colonel Ricks had been indicted, arrested and imprisoned — that
when he shot the prisoner Skeene, the latter was asleep, and thai
consequently the killing was unjustifiable. The main reliance of the
prosecution, in their futile effort to prove the truth of this theory,
was no other than the man William Chambers, one of the witnesses
who had testified at the Logan inquest, and who had then and there
corroborated the statement made by Colonel Ricks.

The trial of the case against the ex-Sheriff began on the 18th
of March, 1875, the very day that Judge Emerson took his seat upon
the bench of the Third District. The prosecution, as stated, was
conducted by U. S. District Attorney Carey, assisted by Mr. Baskin.
The defense was represented by Messrs. Sutherland, Bates and
Snow. Two days were occupied in empaneling the jury, which,

772 HISTORY OF UTAH.

being completed, stood as follows: De Witt C. Thompson, John S.
Barnes, Alex. J. Daft, Frank Cisler, James Johnson, Joseph Peck,
Ezra Foss, Stephen Hunter, Thomas H. Woodbury, Jr., William
Irvin, William C. Morris and Joseph Weiler. Several of these were
non-Mormons.

Mr. Carey briefly stated the case to the jury, giving first the
view taken by the prosecution and afterwards the known plea of the
defense. Various witnesses were then examined, among them
William Chambers, upon whose testimony, as stated, the prosecution
mainly relied. The substance of his story was as follows. He had
been for several years a resident of Harrison County, Iowa, but in
July, 1860, was living in Cache County, Utah. He was one of the
men placed to guard Skeene on the night of July 2nd, and he
claimed that he saw the defendant and others whom he did not
know shoot and kill the prisoner, and that the first shots were fired
while the latter was asleep. The memory of the witness was very
faulty in places. He remembered that there was an inquest held on
the body and that he was present, but he did not know anything
about a justice of the peace named Landers. He did not recollect
being sworn as a witness at the inquest, but admitted that he was
there asked if Mr. Ricks' statement was true, and had answered
that he believed it was. He did not recall having testified that
Skeene rushed upon Ricks and seized him as if to snatch his
revolver, nor that he, the witness, had feigned sleep when in the
school-house on guard. The reason he did not testify at the inquest,
as he did now was because he thought another inquest would
be held. Being asked by Mr. Baskin why he did not tell the truth at
the inquest, Chambers replied that it was "because of past ex-
perience," though he stated in the next breath that no one there had
intimidated him.

The defense, in rebuttal, introduced in evidence the duly attested
minutes of the inquest held before Justice Landers on July 3rd,
1860. Therein it was recorded that Sheriff Ricks testified that he
had shot the prisoner while in the act of rushing upon him as if to

HISTORY OF UTAH. 773

snatch his revolver and effect an escape; and that William
Chambers, being sworn, corroborated the Sheriff's statement, and
added that he had long watched Skeene and that the latter thought
he (the witness) was asleep when he "made a grab at Thomas
Ricks." Ry numerous witnesses it was proven that Skeene was a
bad character, a horse-thief and an abuser of women ; that
shortly before his death he had declared his intention to escape, and
had boasted that if he got one foot the start of the officers they would
not be able to overtake him. It was likewise shown that it was
generally believed at the time that some of his confederates were
plotting for his liberation. Charles Shumway testified that Judge
Peter Maughan had informed him that he had heard of such a plot,
and that the Judge requested him to go and warn Sheriff Ricks of
the rumor. The witness stated that he went from Wellsville to
Logan for that purpose and was with the Sheriff on the night of the
killing. He was outside the house most of the time, but was inside
once or twice, and saw Skeene lying upon the floor. Some knocks
were given on the rear end of the building, and he went out to
ascertain the cause, when two or three men ran rapidly away from
the house. Hearing some shooting, Mr. Shumway returned to .the
front of the school-house and saw Skeene's body lying upon the
ground. Several witnesses, among them William R. Preston, David
B. Dille and Charles 0. Card, testified that William Chambers, at the
inquest held the day after the shooting, corroborated the Sheriff's
account of the killing.

The examination of witnesses having concluded, arguments of
counsel began, U. S. District Attorney Carey opening for the
prosecution. He was followed by Judge J. G. Sutherland in behalf of
the defendant. His colleague, Mr. George C. Rates, was the next
speaker, and Mr. Baskin then closed for the prosecution. The jury,
after receiving the Judge's charge, retired for a short time and
returned into court the same evening with a verdict of not guilty.
This was on Tuesday, the 23rd of March.

Another case disposed of during the occupancy by Judge

774

HISTORY OF UTAH.

Emerson of the bench of the Third District was that of the United
States versus George Q. Cannon, who had been indicted for polygamy
in October, 1874. On the 2nd of April, 1875, the case was dismissed,
it being discovered that it was barred by the U. S. statute of
limitations.

The most notable case in court during this period, and one of
the most important ever adjudicated in Utah, was that of the United
States versus George Reynolds, for polygamy, which also began,
though it did not end, in the Third District Court before Associate
Justice Emerson. It was this case that tested the constitutionality of
the anti-polygamy act of 1862, drew from the Supreme Court of the
United States an opinion that that act, inhibiting the practice of a
prominent feature of the Mormon religion, was within the legislative
power of Congress, and produced the first conviction ever had under
that statute. We shall reserve treatment of this celebrated case for
the next volume.

The crowning event in Utah for the year 1875 was the visit to
the Territory of President Ulysses S. Grant. The Chief Magistrate,
in the autumn of that year, was on a visit to the Rocky Mountains,
and being in Colorado was induced to extend his trip as far west as
Salt Lake City. The fact that this was the first time Utah had been
honored by a visit from a President of the United States was
sufficient of itself to stamp the event as one of no ordinary charac-
ter, and to awaken in the minds of all classes of citizens the keenest
interest and expectancy. But in addition to this there was another
and a weightier consideration. President Grant was prejudiced
against Utah, and, influenced by such men as Vice President Colfax
and Doctor Newman, had manifested toward the Mormon people a
degree of hostility never equaled by any other occupant of the
Executive chair, excepting perhaps President Buchanan. The
prejudice and hostility of both were due to a lack of correct infor-
mation. Grant is said to have admitted while in Utah that he had
been deceived in relation to the true condition of affairs within her
borders. "Let every eye negotiate for itself, and trust no agent,"

HISTORY OF UTAH. 775

runs a Shakespearian proverb. The Mormons knew that if the
President would do this during his stay, he would in all probability
depart with far more favorable opinions respecting them than he had
been able to form from the ex parte statements to which he had
listened. They therefore rejoiced, and their joy was unfeigned,
over the coming of the nation's chief, whom they prepared to honor
in a manner befitting his exalted station.

The anti-Mormons took precisely the same view as the Mormons
regarding the probable effect upon the President's mind of his pro-
posed visit to Salt Lake City. Consequently, while glad enough to
welcome and honor the distinguished visitor, it was their policy to
capture him and give him the benefit of their peculiar views respect-
ing the Saints, before he could fall into other hands and be
impressed with the genial courtesies extended to him by the pioneers
and founders of the Territory. It is very doubtful that they would
have rejoiced to any extent over the visit of the President, had they
not supposed that his anti-Mormon prejudice was a crust too hard
and thick to be penetrated by those courtesies, and that they had it
in their power to make the first overtures of reception, and by being
beforehand with their representations, preclude any after impres-
sions of an opposite nature that might be essayed.

It was on Saturday, October 2nd, that it was definitely ascer-
tained that the Presidential party would visit Salt Lake, and
would arrive at Ogden about noon of the 3rd. A meeting of Federal
officers and non-Mormons was held, at which a committee of ten,
headed by Governor Emery,* was appointed to meet the Executive
and extend to him and the members of his party the hospitality of
that portion of the community which the committee represented.
The Mormon citizens were studiously ignored.

The municipal authorities, however, as representatives of
the pioneers who first planted the American flag amid these

* George W. Emery, of Tennessee, was appointed Governor of Utah on June 8th,
1875, to succeed Governor Axtell, who was transferred to Arizona.

776

HISTORY OF UTAH.

mountains, were not to be deterred from greeting the Chief Magis-
trate of the Republic. A special session of the City Council was
called, at which the following resolution was adopted :

Having learned that the Chief Executive of the nation is en route to this city, and
Wliereas, the people of Salt Lake City are desirous to give him a reception worthy
of his official position ; therefore,

Be it Resolved by the City Council of Salt Lake City, that the hospitalities of said
city be and are hereby tendered to His Excellency U. S. Grant, President of the United
States ; and that a committee of arrangements be appointed with full power and authority
to welcome him ; and that they be instructed to invite the Federal and other officers, civil
and military, to participate in all the ceremonies of the occasion.

In accordance with this resolution, the Council appointed a
committee of three, who telegraphed the President as follows:

SALT LAKE CITY, October 2nd, 1875.
To His Excellency, U. S. Grant, President of the United States,

DEAR Sm: — Upon learning of your intention to visit Utah, the City Council of Salt
Lake City passed a resolution, extending the hospitalities of the city to yourself and party.
A special train will leave here in the morning to meet Your Excellency at Ogden. The
civil and military officers of the Government, the officers of the Territory and City, and

other citizens, are invited to form the party.

GEORGE Q. CANNON,

ALEXANDER C. PYPER,
A. H. RALEIGH,
In behalf of the City Council of Salt Lake City.

Invitations were issued to United States and other officials, and
to leading private citizens, to go to Ogden on the special train next
morning. The Governor and his committee, however, left by the
early regular train, and went as far as Peterson station, on the
Union Pacific, where the Presidential party was met and accom-
panied back to Ogden. The City Council's train, with municipal and
county officers and invited guests, including President Brigham
Young, Hons. John Taylor, Joseph F. Smith, Brigham Young, Jr.,
Francis M. Lyman, Feramorz Little, Judge Elias Smith, General H.
B. Clawson, and several ladies, reached Ogden at 11 a. m. There
they found a large assemblage of residents of the Junction City,
gathered to greet the distinguished guest.

HISTORY OF UTAH. 777

The Presidential party consisted of the President and Mrs.
Grant, General 0. E. Babcock, Colonel Fred. Grant and wife, Hon.
Adolph E. Borie, ex-Secretary of the Navy, and Governor John M.
Thayer, of Wyoming. The Union Pacific train rolled into Ogden
shortly after noon. The President, who was standing upon the rear
platform of a Pullman car with General Babcock and ex-Secretary
Borie, was recognized by the throng, who waved hats and handker-
chiefs, while the Ogden brass band played " Hail to the Chief." The
President saluted the multitude by removing his hat and bowing.

When the train stopped, the City Council committee approached
the President. Mr. Cannon presented his associates, and repeated to
His Excellency the substance of the telegram they had forwarded.
The President acknowledged the receipt of the dispatch, which had
reached him at Evanston, but stated that he had not had time
to reply. He informed the municipal committee that he had
accepted an invitation from the Governor of the Territory to be his
guest, and was therefore unable to fully avail himself of the
one extended by the city, but would be happy to do so as far as
his necessarily limited stay would permit. The committee were
treated with warm courtesy. Mr. Cannon then introduced a number
of gentlemen, including representatives of the press.

By this time the President's car was placed in the front part of
the City Council's special train, and soon afterwards was being
rapidly drawn toward Salt Lake by a Utah Central locomotive
profusely decorated with the national colors. As the train started,
President Brigham Young, Hons. John Taylor, Joseph F. Smith,
Brigham Young, Jr., and the other gentlemen, as well as the ladies,
were introduced to President Grant, and then in turn to the
members of his party. The meeting between the nation's chief and
the Mormon leader was cordial. After a pleasant interchange of
remarks, President Young and Mrs. Grant spent about half
an h,our in conversation, in which others of the visitors
occasionally joined. President Grant himself remained on the
platform of his car, with Governor Emery and Delegate Cannon,

778 HISTORY OF UTAH.

directing most of his remarks to the latter. The main topic dwelt
upon was the material resources and industries of the Territory, in
which the President seemed deeply interested.

Just before two o'clock in the afternoon the train reached Salt
Lake City. The President and party were taken in charge by
Governor Emery and his committee and conveyed to the Walker
House, The weather was auspicious for the occasion of the first
visit of a Chief Magistrate of the nation to " the vales of Deseret."
A vast concourse of people crowded the streets near the station and
along the route to the hotel. For half a mile, from the Utah Central
block — now the Union Pacific passenger station — to East Temple
Street, the road on either side was thronged with Sunday School
children, attended by their teachers. Behind the ranks of this
juvenile army arrayed in white or decked in all the colors of the
rainbow, stood the adult portion of the assemblage, forming a taste-
ful background to the brilliant picture. The President and Mrs.
Grant, accompanied by Governor Emery, rode in an open carriage
drawn by four grey horses, at the head of a long line of vehicles.
As the procession moved up the street, the President was greeted
with the waving of hands, hats and handkerchiefs, and by the
people, young and old. smiling and bowing. There was no boister-
ous demonstration — it was the Sabbath, and all was peace, happiness
and beauty. The President bowed and waved his hat in response to
the salutes of the populace. It is related of him that he turned to
Governor Emery and inquired, "Whose children are these?" receiv-
ing the reply, " Mormon children." He thoughtfully gazed for a few
moments upon the lovely scene before him, and then murmured in a
meditative tone: "I have been deceived!"

At the hotel the President was called upon by many officials and
citizens. During the afternoon, when a large audience of people had
assembled in the street, he came out upon the hotel balcony and was
introduced by Governor Emery, who said that he was certain of
expressing the sentiment of the whole people when, in their behalf,
he bade the President a hearty welcome to the Territory. The

HISTORY OF UTAH. 779

Governor explained that as the President was quite hoarse from a
severe cold, it would be difficult for him to respond to the calls which
had been made for a speech.

Next morning President Grant, with Governor Emery, drove to
the Temple Block, where he visited the Tabernacle and Temple, the
latter being in course of construction. After obtaining a magnificent
view of the city and valley from the hills north of the town, he was
driven to Camp Douglas, where he was waited upon by the officers of
the post. He took a short drive up Emigration Canyon, and then
returned to his hotel, where a public reception was held, and several
hundred citizens, ladies and gentlemen, introduced.*

The other members of the party, in company with several
leading citizens, likewise visited the Temple Block, the hills north of
the city, and Camp Douglas. At the Tabernacle they were enter-
tained by Professor Joseph J. Daynes, who played several selections
on the great organ. While listening to the delightful strains from
the grand instrument, Mrs. Grant, with tears in her eyes, turned to
ex-Delegate Hooper and exclaimed, with deep feeling: "Oh, I wish I
could do something for these good Mormon people!"

On Monday forenoon the President's car at the railway station
was beautifully decorated with flowers by Mormon ladies. Conspic-
uous among these floral adornments was the word "Welcome,"
artistically arranged. Four o'clock in the afternoon was the time of
departure. On the way to the station, the visitors stopped for a few
minutes at the residence of Hon. William Jennings. A large
number of people had assembled at the station, where the
appearance of the President was the signal for prolonged cheers,
which continued as the train moved out. The run to Ogden was
made in one hour. On the way the President and party occupied
the special car of the municipal committee, and spent the time
in pleasant conversation. The universal expression of all, the
President included, was one of unmixed pleasure at their visit to
Utah, the only regret being that their stay was necessarily so short.

* President Grant also paid a brief visit to the Penitentiary during his stay.

780

HISTORY OF UTAH.

At Ogden the visitors started eastward over the Union Pacific,
Denver being the next place where a brief stay was designed. The
escorting party returned to Salt Lake, Governor Emery and his
committee accepting the invitation of the municipal authorities to
occupy seats in their specially chartered car.

HISTORY OF UTAH. 781

CHAPTER XXVIII.

1874-1875.

THE MOUNTAIN MEADOWS MASSACRE INVESTIGATED INDICTMENTS PRESENTED BY THE GRAND

JURY COLONEL DAME AND JOHN D. LEE ARRESTED THE BATES CONTEMPT CASE THE LEE

TRIAL KLINGENSMITH, A PRINCIPAL IN THE MASSACRE, TURNS STATE*S EVIDENCE HIS

VERSION OF THE TRAGEDY TWENTY OTHER WITNESSES EXAMINED THE JURY DISAGREE

WHY THE TRIAL PROVED A FAILURE.

'N EVENT of importance during the decade of the seventies
was the trial, conviction and execution of John Doyle Lee, a
leading spirit in the Mountain Meadows massacre. A full and
accurate account of this awful affair, in the previous volume, renders
unnecessary another recital. If the details given at the trial convey
but a partial impression of all the circumstances connected with the
tragedy, it must be borne in mind that all testimony deemed irrele-
vant to the special issue in court — the guilt or innocence of the
indicted parties — was excluded, while the author of this work was
unrestricted in his field of research, and had the advantage of
writing at a period subsequent to the trial, when the facts were more
easily obtained.

It was in the autumn of 1874 that public interest in the
Mountain Meadows massacre was reawakened by a movement on
the part of prosecuting officers in the Second Judicial District,
within which the deed was committed. That movement was to
ascertain the identity and whereabouts of witnesses, so that an
investigation might be made and a prosecution of implicated persons
be instituted. It was known that Philip Klingensmith,* one of the
chief participants in the massacre, and an apostate from the Mormon

*He is also referred to as Philip Klingon Smith, or P. K. Smith, Bishop Smith and
Mr. Smith. The indictment designates him as Philip K. Smith.

782 HISTORY OF UTAH.

Church, was in San Bernardino County, California, and that he was
anxious to secure immunity from punishment for his complicity in
the crime, by turning state's evidence.* The probability, however,
that his testimony would be more or less unreliable, and therefore
subject to impeachment, because of his ardent desire to exculpate
himself and gratify a feeling of hatred and revenge toward some of
'his former friends and associates, deterred the Government repre-
sentatives from proceeding without seeking further direct proof in
addition to the corroborative evidence available.

Though there was a plenitude of rumors as to persons who
knew the internal history of the massacre, a degree of difficulty was
encountered in determining who were actually in possession of that
knowledge. This may have been partly owing to the obligation of
secrecy placed upon all who were at the Meadows on the fatal day;f
but the greatest impediment in the way of obtaining the requisite
information was the action of the officers themselves, in shaping
their course, as Judge Cradlebaugh had formerly done, for a crusade
against the Mormon Church and its leaders. They thereby forced the
members of that organization to stand aloof and refrain from extend-
ing the aid which otherwise would have been willingly given. It was
vain to say to them that only guilty persons would be pursued. They
knew better. The memory of the conspiracy of the McKean clique
against the Church leaders, which had been overthrown by the
United States Supreme Court, was yet fresh in their minds. McKean
was still in office; a prosecution of the case by Baskin was prospec-
tive; while Boreman, Judge in the Second Judicial District, with U.
S. Attorney Carey and U. S. Marshal Maxwell were ardent followers
of the Chief Justice in his anti-Mormon mission. Had the officers

* The eagerness of Klingensmith to do this was shown when, on April 10th, 1871, he
made a sworn statement before the county clerk of Lincoln County, Nevada, purporting to
give a full account of the massacre and the causes which led to it. His story is at variance
on several material points with that told by other and trustworthy witnesses, and with his
own testimony on the witness stand. His evident purpose was to shield himself by shift-
ing a large share of his own responsibility to the shoulders of others.

•(••See the detailed account of the massacre in Volume I., pages 692 to 709.

HISTORY OF UTAH. 783

started out upon the legitimate course — which was adopted when a
change occurred in the office of District Attorney — of ferreting out
and pursuing the actual criminals, the people would have rendered
them greater assistance, and their efforts would have been attended
with earlier and probably better success. The unwisdom of the
method adopted as to one of the most culpable actors in the tragedy
— Klingensmith — would have been seen. But the prosecution, in an
unreasonable desire to elicit proof of a condition which never
existed, surrounded itself with difficulties not easily surmounted.
Enough witnesses were found, however, to make a presentment
of the case before the Grand Jury. This jury — the first to be
empaneled under the Poland law — was summoned for the opening of
the Second District Court, at Beaver, on the 7th of September, 1874.
The panel was not completed until the 9th. Of the fifteen members,
ten were Gentiles, four Mormons, and one an apostate from the
Mormon Church. The unanimity of twelve was necessary for the
finding of an indictment. During the session of the jury, which
ended on September 25th, twenty-eight bills were presented to the
Court for crimes against United States and Territorial statutes'. One
of these was an indictment charging William H. Dame, Isaac C.
Haight, John D. Lee, John M. Higbee, George Adair, Jr., Eliot
Wilden, Samuel Jukes, Philip K. Smith* and William C. Stewart with
participation in the Mountain Meadows massacre. John Smith and
fifty other unknown persons were the alleged victims of the crime,
which was stated to have occurred on September 16th, 1857.f

*Klingensmith.

f September llth was the actual date of the massacre. The first indictment upon
which Lee and Dame were arraigned charged the murder of James Wilson and fifty
others, at Mountain Meadows Valley. This was quashed on July 20th, 1875, on motion
of Dame's attorney, for the reason that it did not allege that the crime was committed
within the jurisdiction of the Court. District Attorney Carey immediately presented
another indictment, found at the same time as the previous one -September 24th, 1874—
which did not contain this defect, and which he carried in his pocket for just such an
emergency. This second indictment alleged a combination or conspiracy of the defend-
ants to kill the emigrants, " John Smith and fifty others," and upon this the case went to
trial.

784 HISTORY OF UTAH.

This indictment was returned into court on the 24th of Septem-
ber. About the beginning of October Colonel William H. Dame, of
Parowan, was arrested and lodged in the Penitentiary.* Warrants
for the apprehension of the others were placed simultaneously in the
hands of U. S. Deputy Marshal William Stokes, with instructions
from Marshal Maxwell that John D. Lee was wanted first, if possible.
Maxwell was of the opinion that the arrest would be a dangerous
proceeding, as he did not believe that Lee would be taken alive; but
he wished his deputy to do his best to make the capture.

On the 28th of October Stokes started for Lee's Crossing, on the
Colorado River, Arizona, where he expected to find the object of his
search. Next day he received information at Parowan that Lee was
at Harmony, Washington County, and the officer arranged to attempt
an arrest there, but soon ascertained that he was several days
too late.

On November 7th, Stokes again started from Beaver, and learn-
ing that Lee was at Panguitch, then in Iron, but now in Garfield
County, went there with a posse consisting of Thomas Winn, Thomas
LaFevre, Samuel G. Rodgers, David Evans and Franklin R. Fish.
Next morning, Sunday the 8th, Lee's house was surrounded and
searched, but he was not in the building. By the movements of
some of the family, however, the attention of the officer was
attracted to a log pen, used as a chicken house, and in this, partly
covered with straw, Lee was found, disarmed, and taken into
custody.f There was talk of his sons making an effort to rescue
him, but it was seen that a movement of that kind meant certain
death to the prisoner, and probably to others, so that the idea, if

* President Grant, as stated, visited the Utah Penitentiary on October 4th, 1875.
Looking down from the walls into the prison enclosure, his attention was directed to
Colonel Dame as one of the parties indicted for the Mountain Meadows massacre. The
President gazed intently upon him and then remarked : " That is not the face of a mur-
derer."

f Mr. Stokes says that at the moment he discovered Lee he was himself covered by
two guns in the hands of some of the Lee family. He had the accused at a disad-
vantage, however, with a loaded pistol close to his head, and he surrendered quietly.

HISTORY OF UTAH. 785

entertained, was soon abandoned. Lee was taken to Beaver, his
wife Rachel accompanying him. They arrived there on November
10th, and the prisoner was placed in Fort Cameron for safe keeping.

Of those indicted, Lee and Dame were the only ones arrested in
1874. When the spring term of court at Beaver came on, it was
anticipated that they would be placed on trial; but on the evening of
April 2nd Messrs. Sutherland and Bates, of counsel for the prisoners,
received at Salt Lake this telegram from Assistant District Attorney
D. P. Whedon, at Beaver: "Cannot bring on those trials this term."
Next morning, however, Colonel Dame was removed from the Peni-
tentiary by Marshal Maxwell, and hurried off to Beaver, and on the
5th his attorneys started for the same place to secure as early a date
as possible for the trial. It was expected, and so announced in the
newspapers, that all the defendants not arrested would voluntarily
appear in court and request a hearing of the case.*

In conformity with an order of court, Lee, on April
6th, was brought to plead to the indictment, and to its
reading responded "Not Guilty." Colonel Dame was called for
arraignment on the 7th, but when the U. S. Deputy Marshal, Arthur
Pratt, looked for him in the jail he was not there. A flurry of
excitement followed, and at the request of Marshal Maxwell the
court issued an order to Sheriff Hunt, of Beaver County, to show
cause why he had released the prisoner. Mr. Hunt proved to the
court that Dame had never been in his custody, and in fact had been
practically set free by the U. S. Marshal. During this attempt
to punish the Sheriff for the shortcomings of the Marshal, Dame
was quietly eating his breakfast at the prisoner's boarding house
opposite the jail, to which he returned after finishing his meal, and
was found on the deputy's next appearance there. Though left
without a guard, he had no intention of escaping or evading trial.

Colonel Dame's attorneys made strenuous efforts to have his case

* This course would probably have been pursued at that time, had it not been for
the dilatory methods of the prosecution, which promised to keep the accused in prison,
without trial, for an indefinite period.

54-VOL. 2.

786 HISTORY OF UTAH.

heard, but the prosecuting officers refused, and on April 14th he was
returned to the Penitentiary. On this date John D. Lee's attorneys
made a similar attempt in his behalf, but were unable to accomplish
their purpose. The officers for the Government alleged that they
had not yet procured all the necessary witnesses, one of the desired
parties being Klingensmith, who, it was said, could not be found. It
was also stated that the officials had no funds to pay jurors, officers
or witnesses. For these reasons the cases were continued till the
next term of court. Five days after the postponement Lee had
an epileptic fit, as a result of his rapidly declining health, caused by
the change from an active outdoor life to close confinement in the
Fort Cameron prison.*

It was finally determined that Lee's trial should take place
in July, and on the 12th of that month the Second District court
room at Beaver was crowded with spectators. The Territorial
newspapers 'and leading journals East and West had special
representatives present, in anticipation of developments of an
unusually interesting and sensational character. An incident on
this occasion illustrates the bearing of Judge Boreman toward
attorneys engaged on that side of a case to which his own
predilections were opposed. Ex-District Attorney Bates was one of
the counsel for Lee and Dame. Several months prior to the date
given, he had been communicated with by some of the parties
jointly indicted with them, but not arrested, and had been
requested to proffer to the court security for their appearance for
trial. He had done this, when to his astonishment he was sharply
reprimanded by the Judge. In vain the attorney apologized and
protested that, in delivering the message and making the tender

* On May 31st, Lee was removed from Fort Cameron to the Beaver County jail, to
curtail expenses. On July 28th, a search of his cell resulted in the discovery of a saw
file, butcher knife, hatchet, twenty feet of rope, and other articles to aid in an escape. In
order to guard against any attempt to break jail, Lee was placed in irons and all visitors
refused admission. His wife Emma called to see him, but the jailer, William Thompson,
required her to leave the building. The jailer asserted that she made a savage assault
upon him with a rock.

HISTORY OF UTAH. 787

of bail, as requested, he had no knowledge of impropriety or
intention of disrespect to the court. Judge Boreman suspended him
from practicing as an attorney in the Second District, and issued an
order for him to show cause why the disbarment should not be per-
manent.* To this the attorney had filed an answer disclaiming any
thought or design of contempt or disrespect for the court or Judge.
All this had occurred, as stated, several months prior to the
12th of July. On that day Mr. Bates solicited the indulgence of the
court while he read an affidavit, but the Judge stopped him abruptly
with the remark, " Mr. Bates, you are not authorized to appear in
this court until you are permitted to do so." To this the response
was, "I beg your honor's pardon. I did not think of that." Judge
Boreman sharply rejoined, "I think you ought to have known it."
A few moments later he relentingly informed Mr. Bates that he could
read the affidavit. This, however, the attorney declined to do.
Nothing further in the Lee and Dame case, or the Bates affair, was
done on that or the succeeding day, but on the 14th Judge Boreman
delivered himself of an address, strongly censuring Mr. Bates for his
"very improper application" in behalf of "alleged criminals fleeing
from justice," an application which he (the Judge) "supposed no

sane man would make," — but stating that in view of the old age of
the defendant, the fact that this was "his first offense in this court,"
and his "sworn disclaimer of any and all improper motives," etc.,
the court, in spite of the "very great provocation," would "lean to
the side of mildest mercy" and not disbar the defendant, though a
fine of fifty dollars would be entered up against him. It is under-
stood that the fine imposed by Judge Boreman remained unpaid, and
that Mr. Bates entertained such contempt for His Honor that he
refused to take any steps toward his own reinstatement.

On the 14th of July the town of Beaver was thrown into com-

* The unusual and uncalled for severity of Judge Boreman in this matter doubtless
had its effect in causing the unarrested defendants to change their design of coming into
court, as it gave them to understand that the Judge was specially hostile before learning
the testimony of the witnesses, and that his attitude would prejudicially affect their
interests.

788

HISTORY OF UTAH.

motion by the report that John D. Lee had decided to make a full
statement of what he knew concerning the Mountain Meadows mas-
sacre, and these tidings were at once flashed to every part of the
Union. Mr. W. W. Bishop, one of Lee's attorneys, being interviewed
by a representative of the Beaver Enterprise in relation to the matter,
made the following statement:

On coming here some days ago we found ourselves in a peculiar position as regards
this trial. We found that scarcely any of the witnesses we had summoned were here ;
some could not be found, others would not come. We found that a feeling of general
disapprobation existed in regard to Lee and the course he had taken ; that every-
one we asked in regard to him gave us the one reply, ' If he is guilty let him suffer, we
have no desire to interfere ;' that so strong is the general belief that he is a guilty, blood-
stained man, that but very few seem to desire aught else but that he shall be punished.
We find that the prosecution have now in this city and on the way here an array of wit-
nesses and a mass of testimony which are overwhelming, and, though we have not been
idle by any means, we have failed in this respect. There seems to be a fixed determina-
tion on the part of all — even those who professed to be Lee's friends at. one time — to let
him be sacrificed that justice might be appeased and the clamor of the people stilled for-
ever. Even I, myself, who not long since was met by everyone with the greatest of
courtesy and hospitality, have almost been frozen in the last few days by the way parties
would meet me and merely say "Good day," and pass on, as if they did not wish to be
conspicuously impolite, but could not afford to be seen talking with me upon the street.
We find every avenue to a fair trial barred, our client deserted and alone, without even
the means to pay us for our labors, neither Mr. Hoge* nor myself having received a cent;
but we will not go back on him. You can probably understand

some of the difficulties we have to encounter in the matter. Things have taken such a
shape that the only hope I can see for my client is in taking advantage of the means of
escape which the government holds out to him — and turn state's evidence. I have been
talking with him seriously and have advised this step. Then the whole truth will come
out, the mystery will be unraveled, and the stain that has blackened Lee's reputation for
more than seventeen years will be effaced.f

* E. D. Hoge, Esq. of Salt Lake City was one of Lee's counsel at this time.

f Lee actually made a statement concerning the massacre at this time. But in
the " Life and Confessions of John D. Lee," published after his death by Attorney
Bishop, the latter makes no reference to it. He practically denies that such a statement
was made, by asserting that all of Lee's confession " was written by him while in prison,
and after the jury had returned its verdict of guilty." He also says that " he refused to
confess at an early day, and save his own life by placing the guilt where it of right
belonged." The truth is that Lee's statement was rejected by the prosecution because it
was not sufficiently far-reaching to implicate leading Mormons who were innocent of any
complicity in or knowledge of the crime, but whom rabid anti-Mormon Federal officials
were eager to proceed against.

HISTORY OF UTAH. 789

On the 17th it was given out that the prosecuting officers were
"very undecided whether they will accept Lee's statement, which is
now completed, thinking he is not telling the whole truth." A mem-
ber of the legal fraternity, who was also acting at that time as a
special newspaper correspondent, was permitted by the attorneys for
the defense to read what Lee had prepared, and stated its effect as
follows: "The testimony of John D. Lee, as well as of other import-
ant witnesses will entirely refute all charges which have been made
against Brigham Young and the leaders of the Mormon Church in
Salt Lake City."* Attorney Baskin arrived at Beaver on the
evening of the 18th, to conduct the case for the Government.! On
the morning of the 19th came the announcement: "The prosecution
will not accept Lee's statement, as they expect to prove, by the wit-
nesses already here, some of whom are said to have participated in
the massacre, more than he confesses." Klingensmith had arrived
at Beaver three days before, and had had an interview with the
prosecutor. His offer to turn state's evidence had been accepted.
When U. S. Deputy Marshal Cross found him in southern California,
he expressed to the officer his willingness to come and testify. He
was nominally under arrest, but was really present as a witness and
not as a defendant.

In court, the attorneys for the defense entered pleas of abate-
ment, etc., vvhich were overruled. As stated, one indictment was
quashed because of a defect, but another and more perfectly framed
accusation, found by the same grand jury, was forthwith sub-
stituted.!

* Lee's first statement was never entirely given to the public, though a few short
extracts were permitted to be used by the newspapers. All of Lee's manuscript passed
into the possession of his attorney, W. W. Bishop, who was strongly antagonistic to the
Mormons generally, and to Brigham Young in particular.

t " I was leading counsel in the case," Baskin subsequently informed a Senate com-
mittee in Washington.

J A movement, somewhat out of the usual order, was made by the defense, who
entered before a justice of the peace complaints against some of the more conspicuous
witnesses, charging them with complicity in the massacre and other high crimes. War-

790 HISTORY OF UTAH.

Both sides being ready, John D. Lee was placed on trial. It was
the 22nd of July, 1875. The attorneys for Colonel Dame urged that
the case against their client be heard at the same time, and Lee's
counsel wanted Klingensmith also tried, but the prosecution refused
to consent to either proposition. For the Lee case there had been
summoned one hundred and seven witnesses in behalf of the Gov-
ernment. The defense had but few. The following jurors were
sworn to try the issue: Josephus Wade, L. C. Hiester, Paul Price,
John Brewer, David Rogers, Isaac Duffm, George F. Jarvis, James C.
Robinson, Milton Daley, John C. Dunkin, James Knight and Ute
Perkins. The first four were Gentiles, and the remaining eight
Mormons.

District Attorney Carey made a lengthy opening speech, stating
that the Government expected to prove that the emigrants who were
massacred were, upon their arrival at Salt Lake City, refused
supplies and "worse treated than they had been treated by the wild
Indians; "* that "the barns and granaries were full to overflowing,"
but all through the settlements on the journey south they could
obtain no grain, except thirty bushels of corn from an Indian at
Corn Creek, and a small quantity purchased from a man who was
subsequently cut off the Church for selling it; that when they were
resting at Mountain Meadows, previous to starting across the desert,

rants were issued for persons thus accused, but Marshal Maxwell directed his deputies to
prevent, by armed force if necessary, the service of these processes. The attempt to
arrest implicated witnesses was abandoned, and the excitement caused by the proceed-
ing subsided.

* The statement has been frequently published that the emigrants had to camp "over
Jordan" — on the bank opposite the principal portion of Salt Lake City — because of a feel-
ing of hostility towards them. They did not camp on the Jordan at all, but on Mill
Creek, which then ran through the city, on a vacant piece of land now bounded on the
north by Eighth South Street and on the east by Fifth West Street. There was no
restriction on the sale of supplies to them ; but as thr harvest was not fully gathered, it
being the early part of August, and prices for grain were high in Salt Lake, the emigrants
refrained from making large purchases of this commodity, for the reason that they believed
they could get it cheaper farther along on their journey, in the settlements of southern
Utah.

HISTORY OF UTAH. 791

they were attacked by a large force of Indians, gathered there by
John D. Lee, the Indian agent; that when the savages were repulsed
messengers were sent to Cedar City asking the whites to render
assistance in carrying out the previously arranged plan of destroying
the entire emigrant company; that a military order was issued, and
a body of militia sent to the Meadows, ostensibly to bury massacred
emigrants; that on arrival it was found too hazardous an undertak-
ing to attack the camp of the emigrants, therefore the latter were
decoyed out by a flag of truce and induced to surrender their arms,
under a promise of protection ; that as they were marching along, at
a given signal they were assailed by the combined force of militia
and Indians, and murdered, only seventeen children, all under eight
years of age, being spared ; that the bodies of the slaughtered emi-
grants were stripped by Indians and left unburied, to be preyed on
by wild beasts; that on the field of murder John D. Lee directed
affairs and afterwards took possession of the emigrants' property,
reporting the whole transaction to Brigham Young, who told him
not to talk about it, and ordered the property given to the Church ;
that the commander of the whole southern country, from Fillmore
to Arizona, was George A. Smith ; that under him William H. Dame
commanded the Iron County militia, and next to him Isaac C. Haight
and John M. Higbee were over the forces called out to do the bloody
work; that by the perfect enforcement of a military order for the
massacre, not a single emigrant escaped, though some of them suc-
ceeded in getting away from the scene of the butchery and were not
overtaken by their murderers for several days.

The taking of testimony then began, the first witness being
Robert Keyes. He stated that he was returning from California and
passed through the Meadows on the 2nd of October, 1857 ; he there
saw the nude forms of sixty or seventy men, women and children,
who had been shot or otherwise killed, and whose bodies had been
torn by the wolves. The next witness, Ashael Bennett, testified that
in December of the same year he saw many of the skeletons, which
had been torn out of their shallow graves by the wolves.

792 HISTORY OF UTAH.

At this point in the trial a nolle prosegui was entered in the case
of Philip Klingensmith, and he was sworn as a witness. His story
was as follows. Some days before the emigrants reached Cedar City
he heard that the people had been forbidden to trade with them. On
their arrival at Cedar a Mr. Jackson sold them some wheat.* Several
of them went swearing about town and created a disturbance, and
were taken before John M. Higbee and fined. The emigrants continued
on their way and witness heard "hard rumors" about their conduct.
At the regular meeting of the local presidency and high council, on
the Sunday preceding the arrival of the emigrants, the matter of
their attitude toward the settlers and Indians came up. Witness
was then acting in the capacity of Bishop of Cedar Ward. He, with
I. C. Haight, J. M. Higbee, Laban Morrill, Ira Allen, Wesley Willis
and others attended this meeting. A proposition to permit the emi-
grants to be destroyed was strongly opposed by a number of those
present. Klingensmith said that he was among those averse to it.
At that time the destruction was intended by Indians, and not by
whites. The question was, what would the consequence be if -the
whites permitted such a thing to take place. The next day, Haight,
Higbee, Joel W. White and Klingensmith again met and talked the
matter over. Witness said that he again expressed himself in favor
of allowing the emigrants to pass through unmolested, and Haight
said to him, " You may go with Mr. White over to Painter Creek,
[Pinto]. He will tell the people there." The purpose was to pacify
the Indians so that the emigrants could get through. Witness and
White went as directed, passing the emigrant company at Iron
Springs, en route to the Meadows. On their way they met John D.
Lee, who inquired, "Where are you going?" to which White
responded, "We are going to see that these people get through
unmolested." Lee said, "I have something to say in that matter,
and will see to it," and passed on toward Cedar.f On their return

* When on the witness stand Mr. Jackson denied the truth of this statement.
f Lee denied that this incident ever occurred, and said that he was with the Indians
at the time it was alleged to have taken place. He, however, admits being in Cedar City

HISTORY OF UTAH. 793

from Painter Creek they met Ira Allen, about four miles from where
they passed Lee the day before, and he informed them that when the
emigrants got to the Meadows their doom was sealed, for John D.
Lee had orders from headquarters at Parowan to gather Indians, go
around below and destroy the company. Allen also had orders to
go to Painter Creek and undo what White and Klingensmith had
done.

Klingensmith stated that he and White then went home.
About three days afterwards Dan McFarlane came to him from
Haight, saying that he had received word from Lee that "they
hadn't got along as they anticipated."* Haight had communicated
with Colonel Dame, said the witness, and had received orders that, to
finish the massacre, they were to "decoy them out, and to spare
nothing but small children that could not tell the tale." At the
direction of Lee, witness went down town, where he met Major
John M. Higbee, who said, "You are ordered out, armed and

during this absence of Klingensmith, and says : " Haight said he had sent Klingensmith
and others over towards Pinto, and around there, to stir up the Indians and force them to
attack the emigrants." The testimony of all the witnesses acquainted with this transac-
tion, as well as the events which occurred at the time, prove Lee's statement of the
errand of Klingensmith and his associate to be incorrect.

* In making this statement, Klingensmith omitted all mention of the proceedings of
an entire week. During that time councils were held at Parowan and Cedar City, at
which it was determined that the emigrants should be protected from molestation. A
few persons suggested that, as the emigrants had declared themselves as enemies, they
should be intercepted and treated as such ; and in the Cedar councils there were some,
notably Klingensmith, who advocated an immediate attack upon the camp. A proposi-
tion prevailed that a courier be sent to Governor Young, at Salt Lake City, with dispatches
detailing the provocation to hostilities that had been given, noting the Indian desire for
revenge, and asking his advice in regard to the situation. Lieutenant Colonel I. C.
Haight wrote and forwarded these dispatches by James H. Haslam. He also sent word
to John D. Lee to pacify the Indians and keep the emigrants from harm till further orders.
When this message reached Pinto, Lee and the Indians had gone to the Meadows, and
before it was received there the first attack had been made. (See Vol. I., p. 701.) The
witness also failed to relate how two of the emigrants, who had broken through the
Indian lines under cover of darkness and were going to the settlements for assistance,
were met in the cedars by a party commanded by himself. " Both the emigrants were
killed, one of them falling, it is said, by Klingensmith's own hand.' (Vol. I., p. 704.)

794 HISTORY OF U'AH.

equipped as the law directs, to go to thtMountain Meadows." He,
with a number of others, obeyed and >\ent as militia, arriving at
Hamblin's ranch, three miles from the eiigrants' camp, in the night.
There was militia from Washington Couny, as well as Iron County,
there under orders. The men began tofind out that all the emi-
grants were not killed, as had been repreented. Then there was a
consultation between Lee, Higbee, Hopkis, Allen, Wiley, Klingen-
smith and a few others who were calld aside by Lee, about the
instructions that had come through Hifree to Lee, from Colonel
Dame at Parowan.* Lee stated that tie emigrants were strongly
fortified, and Major Higbee replied that ley must be got out in any
way possible.f Everything was given int< Lee's hands to carry out;
so he formed the militia, numbering forty >r fifty men, into a hollow
square, and addressed them on the work hat they were expected to
perform. J There was some murmuring mong the men, who asked
among themselves what they could do, ad the conclusion was that

* Lee, in his second confession, alleges that Hjfcee said : " Haight has counseled
with Colonel Dame, or has had orders from him to ut all of the emigrants out of (he
way. None who are old enough to talk are to be s]>

f It is also asserted by Lee, in his published cotussion, that 11 id ire handed him a
written order from Lieutenant-Colonel Haight, in whin he, Lee, and those with him
were directed to decoy the emigrants out of their stroghold and kill all that could talk.
He says these were "the orders of our military superir, that we were hound to obey."

| This was on the morning of the fateful day of lie massacre — Friday, September
lllh. " There is no doubt that until he [Klingensmit] reached the Meadows the fatal
order for the massacre had not been received. When 1; arrived he conferred with the
leaders, and then for the first time was there talk as (the plan of attack. He brought
encouragement and strength to those, if any there wen- who were bent upon destroying
the company — which had been his own plan in all U' councils held at Cedar — and he
undoubtedly gave the impression that the superior officer of the militia had given orders
to that effect. Higbee, who as major of battalion \va: in command of militia on the
ground, was of equal rank with Lee, though much )unger in years. Lei- was also
major, but at this time devoted himself more especially ( the Indian forces. It was Lee
and Klingensmith, however, who seemed to have the lirection of affairs, and it is not
unlikely that Klingensmith, by his ardor and represetations — he was the latest arrival
from Cedar — had more influence in the subsequent couoils than anyone else." (Vol. I.,
p. 705.)

HIS'ORY OF UTAH. 795

they could not help theraelves, but must obey orders as soldiers.
They then marched out, a commanded, and waited while a flag of
truce was sent to the ertgrant camp. Lee had a long conference
\\ilh a man from the camp.after which the emigrants came out, the
children, wounded personsand arms being in the baggage wagons;
the women walking next, and the men last. The men marched
alongside of the militia, insingle or double file, and the women and
wagons were a short distnce ahead. They had gone two hundred
yards or more when the order was given to "Halt!" This was
immediately followed by tb command "Fire!"

Klingensmith went cu to testify that he was in the militia
ranks at the time when th order to halt and fire was given. " Every
man fired as far as I knw. I fired once," said he. He was about
twenty feet from the nearet emigrant.

In response to an inqiry by the defendant's counsel, "You first
shot over his head, I preume?" the witness responded, "I didn't
think I did. I would not, wear that I hit him or not. I might have
hit him."

Question: "Didn't yu make an effort to hit him?"

Answer: "Of coure I did; obeying orders to the fullest
capacity."

The witness proceedd with his narrative, saying that he thought
there were about fifty mn among the emigrants. He further said
that Higbee directed hir to take charge of the children. One of
these was wounded seveely, and subsequently died. The witness
did as he was commandd, and collected seventeen children, whom
he afterwards distributo with families in Cedar City and other
places. By instruction »f Haight, he also took charge of some of
the property of the emigtmts which the Indians had not carried off.
He did not tate it, howver, in the capacity of Bishop, but only
to store it, awaiting ordes. This property was afterwards disposed
of at auction. It was aranged that John D. Lee should report the
whole transaction, as directed by Isaac C. Haight, to Governor
Young, and Lee informedhe witness, in the following October, that he

796 HISTORY OF UTAH.

had done so.* After this, the witness, with John D. Lee and Charles
Hopkins, had called upon the Governor [Brigham Young] and the
latter directed Lee, as Indian agent and interpreter, to take charge of
the property left by the emigrants. Nothing was said at that time of
the circumstances of the massacre ; as the Governor remarked that
he did not wish to hear it talked of. At the time of the massacre
"the hills were full of Indians" who took part in the butchery.

In response to a question by Mr. Baskin: "Do you know
whether any of those orders that led to that massacre emanated from
George A. Smith, and if so state what it was?" Klingensmith said:
"No, sir; not that I know of."

The witness admitted that he received and kept a span of mules
and two wagons which had belonged to the emigrants. He had
resigned the office of Bishop of Cedar Ward in 1858 or 1859, and
moved away shortly afterward. About 1870 he heard that he had
been cut off from the Mormon Church. Before he became a resident
of Nevada he had only stated the facts regarding the massacre to
one man — Charles Dalton, Lee's son-in-law. He had not conversed
on the subject with Jacob Hamblin, nor did he, when Hamblin said
that he would rather Buchanan should hear of all the men in Utah
being killed than give his consent to the killing of women and
children, reply, " If you break out that way around the mouth, we
will have to take care of you." During the consultations at the
Meadows he had not raised his voice against the proposed slaughter
because he "had no authority to do so." He denied, however,
having advocated the commission of the deed.

Such was the statement of the witness Klingensmith. In it the
inconsistency which usually marks efforts of criminals to shield
themselves at the expense of others is glaringly manifest. Here was

* Whether or not Lee acted under Haight's advice in reporting to the Governor, it is
certain that he did not relate the facts of the case. He placed the blame entirely upon
the Indians, without intimating that any white man was connected with the crime. He
explained the presence of the surviving children in the settlements by saying that the
Indians had sold them to the whites.

HISTORY OF UTAH. 797

an individual who, because he "had no authority," was too much
overawed to raise his voice in protest against the perpetration of a
soul-sickening slaughter, not only of men, but of women and
children. Yet his obscurity did not preclude his presence in convo-
cations of the most influential men at Cedar City, and again in the
councils of the leading spirits at Mountain Meadows; nor did it
prevent him from being among the foremost spokesmen on each
occasion. His prominence was such that he was given charge of
the surviving children, apportioning them among the people,
and he also gathered into his possession that portion of the emi-
grants' baggage which had not been carried off by the savages. In
an ecclesiastical capacity, the majority of the men who composed the
body of militia at the Meadows were under his supervision, and he
had heard among them murmurings of dissatisfaction which only
required a word of encouragement from him to break forth in such
volume as to change the entire situation. His whole course showed
that he was fully en rapport with the murderous scheme, if indeed
he was not its chief promoter.* Careful examination of the deplor-
able event at Mountain Meadows makes it clear that if any man
within reach of the law officers ought to have been prosecuted with
John D. Lee, that man was Philip Klingensmith.f

Joel W. White was the fourth witness. He had been brought to
Beaver by the notorious Bill Hickman, who had been made a special
U. S. Deputy Marshal. White testified that he and Klingensmith
had taken the message to Richard Robinson, at Painter Creek, to

* James Pearce, a witness who resided in Washington County, testified that he
regarded Klingensmith as " one of the officers, as he seemed to have a good deal to say
about it frequently ;" that " he was the biggest chief there."

f Statements such as those made by Klingensmith, Lee and others have been the
basis of charging the massacre to men " high in authority" among the Mormons, yet the
highest officials which these accounts, in their broadest scope, can be made to implicate
are Dame and Haight, Colonel and Lieutenant-Colonel of the Iron County militia, and
the former is only included by hearsay testimony. Lee says that he received written
instructions from Haight, and heard the latter say that his orders were from Colonel
Dame — an assertion which the latter denied.

798 HISTORY OF UTAH.

pacify the Indians. He related the incident of meeting Lee the same
as Klingensmith, but did not remember seeing Ira Allen on the
return trip. After he had been home several days he was called out
as a militia-man by I. C. Haight, and ordered to the Meadows with a
baggage wagon. He was there two days before the massacre,
camped a short distance from, and out of sight of the emigrants.
According to his testimony, Klingensmith, Lee and Higbee were the
most prominent men in the movements at the Meadows.* The
witness related the circumstances of the killing, as previously given,
but said that he took no part therein, as he had no gun.

Mrs. Annie Elizabeth Hoag, Thomas T. Willis, John H. Willis,
William Mathews, William Young, Samuel Pollock, John Sherratt,
John W. Bradshaw, Robert Kershaw, E. C. Mathews, James Pearce,
E. W. Thompson, John M. McFarlane, Frank King, Isaac Riddle and
William Roberts were examined as witnesses and the prosecution
rested/}- No information beyond that given in the published account
of the massacre (Volume I) was elicited.

The statement of what the defense expected to prove was made

* This statement was corroborated by the other witnesses who were on the ground,
with the exception of Klingensmith.

f Samuel Pollock stated that he overlooked the proceedings of the massacre from
nearly a mile distant. He estimated that from four to five hundred Indians, beside the
whites, were engaged in the work. After it was all over he went down to the place and
helped bury the dead, whom he thought numbered about one hundred. The ground was
' so hard that it was impossible to dig it, so the burying party put most of the bodies in a
wash or gully, and the others in some depressions in the ground, and covered them with
about four feet of dirt.

Robert Kershaw testified that George A. Smith preached at Beaver that the people
were not to sell the Arkansas emigrant company grain, as they might need it for them-
selves, because of the approach of Johnston's army. He also said that a man named
John Morgan was cut off the Church by Bishop P. T. Farnsworth, two weeks after the
emigrant company passed through, for trading a cheese to them. Bishop Farnsworlh
testified that George A. Smith made no reference to the emigrants, as he was not aware,
when in Beaver, of their presence in the Territory, but advised the people not to feed
grain to their animals or to sell it for that purpose, as they were likely to need it. He
also stated that John Morgan was never cut off the Church, or dealt with in any way, for
trading with the emigrants ; on the contrary, when he left Beav'er, Bishop Farnsworth
gave him a recommend of full fellowship and good standing in the Church.

HISTORY OF UTAH. 799

on July 29th, by Attorney Wells Spicer. He said that the emigrants,
by their own misconduct in poisoning cattle and springs of water, so
enraged the Indians that from Corn Creek down runners were sent
out, gathering help from the various tribes, till at the Meadows the
savages numbered four or five hundred warriors, who there attacked
the company; that on the route thither the whites sold the emigrants
supplies and treated them well; that Lee held no military or Church
office, but was merely a farmer to the Indians;* that on the ground
he tried to protect the emigrants, and wept when the massacre was
proposed ; that Haight, Klingensmith and Higbee formed the plot to
kill the emigrants, and that what was done by the other white men
there was through obedience to the military authority of the three
persons named, and from fear of death at the hands of the Indians
if the small force of militia present did not join in the attack on the
emigrants.

Samuel Pollock and William Young, who had been witnesses for
the prosecution, were called by the defense, but nothing new was
elicited.

Jesse N. Smith stated that at Parowan he sold the emigrants
flour and salt, and urged them to purchase more, but they did not
desire to do so. He traveled in company with George A. Smith and
others to Fillmore, and knew that no instructions were given not to
trade with the emigrants; but the people were advised not to feed
their grain to animals or to sell it for that purpose, as they would
probably need all that they had. A few days after the company of
emigrants passed Parowan, the witness heard that they had been
attacked by Indians, and was sent by Colonel Dame to ascertain if it
was true. He went as far as Pinto, where the rumor was verified,
and returned and reported to Colonel Dame. This was on Friday,
September llth, and he afterwards learned that it was the day of
the massacre.

* Lee, according to his own statement, was at the time of the massacre Probate
Judge of Iron County, and " president of civil and local affairs " in the Harmony district
(which included the Meadows) but had no control in Church matters.

800 HISTORY OF UTAH.

Silas S. Smith corroborated the testimony of the previous
witness in regard to George A. Smith's instructions, and stated that
he (the witness) was sent by Colonel Dame; with a small body of
men, to relieve Duke's company of emigrants when they were
attacked by Indians, and that he did so.* This was immediately
succeeding the report made to Colonel Dame by Jesse N. Smith.
The witness saw the dead ox left at Corn Creek by the Fancher
company, and heard one of the party inquire whether the Indians
would eat it.

Elisha Hoops testified as to the poisoning of the ox left at Corn
Creek. He saw a German doctor with the Fancher company make
three incisions in the animal, and pour the contents of a vial

•*

therein. Some Indians came up soon afterward and the ox was sold
to them for two buckskins. They flayed it, but he did not think at
the time that they intended to eat the flesh. He also gave evidence
of that company of emigrants leaving small bags of poison in the
springs. A boy named Robinson drank the water from one spring,
and died from the effects. The Indians afterwards told witness that
some of their number met their death- in the same way and from the
same cause.

Philo T. Farnsworth, John Hamilton, Sr., John Hamilton, Jr.,
Richard Robinson, Samuel Jackson, Sr., and John M. McFarlane
gave their testimony, which was merely corroborative of the state-
ments of the others, no additional facts of importance being
brought out.f

The defense offered in evidence the affidavits of Presidents
Brigham Young and George A. Smith, who were in too feeble health
to attend court, but the prosecution objected, and Judge Boreman
refused to permit their introduction. J

* See page 693, Vol. I.

f Richard Robinson was Indian overseer at Pinto, and denied ever receiving the
letter or message which Klingensmith and White claimed to have carried. Several days
after the alleged date of the delivery by these witnesses, he received, by another
messenger, a letter from Haight for Lee, and forwarded it to the latter at the Meadows.

J These affidavits were used by the prosecution at the second trial, in September, 1876.

HISTORY OF UTAH. 801

The jury then listened to the arguments of the attorneys. The
speech of Mr. Baskin was a bitter attack upon the Mormon people,
whom he alleged to be responsible for the delay in taking up the
Mountain Meadows massacre, because "Mormons would not punish
Mormons for such crimes."* He declared that Mormons "gave up
all manhood, all individuality when they entered the Endowment
House." He gave the jurors to understand that the Government did
not anticipate conviction, and charged a failure in that respect to the
religion of the majority.

The case was submitted on the 5th of August, and on the after-
noon of the 7th the jurors were discharged, having failed to agree '
upon a verdict. They had stood nine for acquittal and three for
conviction.

So closed the first trial of John D. Lee. Its failure was due to
the fact that the prosecution of the case was improperly conducted.
Instead of an action to punish the guilty, it was an effort on the part
of the U. S. District Attorney and his coadjutors to bring within the
shadow of an awful crime the leading authorities of the Mormon
Church.f In the vain attempt to accomplish this object they had
deliberately released a self-confessed assassin, one of the chief pro-
moters and participators in the terrible tragedy. There is little
doubt that the status of this latter-day Barrabas, as an apostate

* John D. Lee at his second trial was convicted of murder in the first degree by a
jury composed entirely of Mormons.

f The Salt Lake Tribune, the mouthpiece of Utah anti-Mormonism, openly avowed
the purpose of the prosecution in the following comment upon Lee's first confession, the
one rejected by the District Attorney and his associates : " The prosecuting officers, in |
dealing with this great crime, were less desirous to convict and punish the prisoner than
to get at the long concealed facts of that case. The impression that there was ' some .
person (or persons) high in the estimation of the people ' at the bottom of the affair had
grown to be a settled conviction ; and as Lee had been a subordinate actor in the .
massacre it was thought that the ends of justice would be attained by releasing this man
if he was honest in his avowed resolution to tell it all." When the second trial of Lee i
came on in 1876, the Tribune said : " There was this peculiarity in the trial of last year
— the conviction of the prisoner was not so much an object with the prosecution as the
procurement of such testimony as would fix the crime of this wholesale assassination
upon men higher up in the Church."

55-VOL. 2.

802

HISTORY OF UTAH.

Mormon, full of bitterness and rancor against his former brethren,
secured, for him, quite as much as his highly-colored testimony,
immunity from punishment. His harrowing tale of blood, though it*
purchased his own safety, utterly failed to fasten guilt upon the fore-
ordained victims of anti-Mormon malice.

HISTORY OF UTAH. 803

CHAPTER XXIX.

1875-1877.
JOHN D. LEE'S SECOND TRIAL — A CHANGE IN THE OFFICES OF u. s. DISTRICT ATTORNEY

AND MARSHAL SUMNER HOWARD'S SENSIBLE SPEECH "l HAVE NOT COME TO TRY

BRIGHAM YOUNG AND THE MORMON CHURCH, BUT JOHN D. LEE" THE PACTS CONCERNING

THE MOUNTAIN MEADOWS MASSACRE DETAILED BY EYE-WITNESSES AFFIDAVITS OF PRESI-
DENTS BRIGHAM YOUNG AND GEORGE A. SMITH OTHER DOCUMENTARY EVIDENCE LEE's

CONFESSIONS HE IS CONVICTED OF MURDER IN THE FIRST DEGREE JUDGE BOREMAN's

UNWARRANTABLE ASSAULT UPON THE MORMON LEADERS LEE's EXECUTION AT MOUNTAIN

MEADOWS.

.IMMEDIATELY after the close of the Lee trial the prisoner was
4» taken to Salt Lake City and lodged in the Penitentiary. Con-
tinued efforts were made for the apprehension of the other persons
indicted. On September 12th of this year— 1875 — the houses of
John Macfarlane and W. H. Branch, at St. George, were searched by '
deputy marshals for Haight and Higbee, but they were not found.
George Adair, Jr., was arrested near Richfield on the 1st of Novem-
ber, and placed in jail at Beaver.*

* About this time a petition dated at Beaver, Sept. 1st, and signed by a considerable
number of Gentiles, was received by Governor Emery. It asked that he use his influence
to prevent the removal of any troops from Fort Cameron, (one company of them had
been ordered elsewhere,) and among the reasons for this request alleged that the late trial
of John D. Lee was considered as persecution of the Mormon people and an attempt to
overthrow the Mormon Church, and that were it not for the presence of the military at
this post, such feelings and hatred as were every day manifest would culminate in overt
acts of rebellion against the civil authorities representing the national government, and the
courts would be powerless to execute the laws. Said the petitioners : " The Indians are
cajoled and baptized into the Mormon Church and told that they are ' battle-axes of the
Lord,' many of them were encamped about this place during the trial of Lee, and on
several occasions inquired when the Mormons and 'Mericats' were going to war. The
very fact that we cannot understand all the Indian movements, concurring with other
events, such as the trial of John D. Lee, makes our suspicion all the stronger, and indeed
so as to appeal to those in authority to have their actions closely and persistently watched by

804 HISTORY OF UTAH.

The Lee and Dame cases were passed at the September term of
court, owing to "lack of funds" for the expenses of the prosecu-
tion. The Grand Jury, in December, made a report which stated
that a searching investigation revealed the fact that, while little or
nothing had been paid out, the Marshal's books, by false entries,
represented unpaid accounts as settled ; and that out of $13,200
allowed for the expenses of the court at Beaver, only about eight
thousand dollars had been in any way accounted for. General
Maxwell explained that the $13,200 had not been intended for the
Second District Court expenses alone, but for the whole Territory,
and he maintained that it had been properly expended. A letter
from the U. S. Attorney-General, Edwards Pierrepont, however, stated
that the amount was "to defray the expenses of the United States
court at Beaver City." * Maxwell was removed from office early in
the following February, and Colonel William Nelson, who had been
editor of the La Crosse Republican Leader, was appointed his
successor, assuming the duties of the position on the 15th of March.f

the government. A large number of Navajoes were recently prevented from crossing the
Colorado River by the Indian agents. Over three hundred Utes and Piutes were recently
baptized into the Mormon Church. At the present time several Mor-

mon missionaries are preaching to the Indians in Arizona."

It is perhaps needless to say that most of the foregoing statements were malicious
falsehoods. When Governor Emery applied in the following May for two companies of
troops for Beaver, the Square-Dealer, a non-Morrnon paper published there, made this
comment : " It is not our purpose to quarrel with the Governor on the soldier proposition.
They are a moneyed institution, and the Lord knows we are not going to object to an
increase of that article. When Cameron had four full companies of soldiers the citizens
of Beaver had money, and the newspaper business was a flourishing one. If anybody
imagines we are opposed to seeing good times again, they have mistaken us — that's all.
Send on your soldiers, Governor Emery, only Cameron will take four companies instead

of two."

•

* The crookedness in the Marshal's office was exposed in the Second District by U. S.
Deputy Marshal Jerome B. Cross, and in the Third District by U. S. Deputy Marshal
Arthur Pratt. There was no imputation of dishonesty as to General Maxwell himself.
The accusations were against some whom he employed in his office, and who, it was
alleged, took advantage of his loose manner of conducting business.

f On March 14th, the day of Colonel Nelson's arrival at Salt Lake City, seven of the
most hardened convicts in the Penitentiary made an assault on the Warden, Captain

HISTORY OF UTAH. 805

The Mountain Meadows case was again called up in court at
Beaver on the 8th of May, 1876, but was postponed till the Septem-
ber term. The defendants under arrest — Dame, Lee and Adair —
were released on bail, in the respective sums of twenty, fifteen
and ten thousand dollars. One more was added to the list of those
in custody, by the arrest, at St. George on August 28th, of Elliott
Wilden.

The second trial of John D. Lee began before Judge Boreman,
at Beaver, on September 14th of that year. There had been a
change in the office of U. S. District Attorney by this time and
Sumner Howard now filled the position ; Presley Denny was asso- /
ciated with him as assistant. The attorneys for the defendant were ,
J. C. Foster, Wells Spicer and W. W. Bishop. Of the witnesses
placed on the stand, Joel W. White was the only one who had
testified at the former trial. Klingensmith was at Beaver, but was
seldom seen and avoided conversation or inquiry. He is said to
have looked dejected and worn. When the case was concluded he
departed for his new home at Ehrenberg, Arizona. He never again
returned to Utah.

In the opening statement of the case Mr. Howard made the
sensible observation that he had not come to try Brigham Young
and the Mormon Church, but to proceed against John D. Lee for his I
personal actions. The Government, he said, proposed to prove that
Lee, without any authority or advice from any council or officer, but
in direct opposition to the feelings and wishes of the leaders of the
Mormon Church, had gone to the Mountain Meadows and assumed
command of the Indians, whom he induced to attack the emigrants,
in which movement he was repulsed; that he sent word to various
settlements for assistance, to some saying that the emigrants
were all killed and needed to be buried, to others that they required
protection and to still others that an attack on the company had been

Bergher, whom they mortally wounded. They then succeeded in making their escape,
but were afterwards retaken. On a subsequent occasion the murderers of Captain Bergher
succeeded in breaking from the prison and eluding all efforts for their recapture.

906

HISTORY OF UTAH.

made by the Indians, and it needed men to draw them off: that
these men went in good faith to perform a humane act; that
arranged the scheme to draw the emigrants out of their camp and
have them fired upon by Indians and some of the whites; that
killed at least four of them himself, and that he took a part of
property for his own use.

Mr. Bishop's statement for the defense was mainly denunciat
of the character of the evidence about to be introduced. He
claimed that the part Lee took in the massacre was under compul-
sion, and that other parties were the instigators and were responsible
for the crime.

For the Government, Mr. Howard presented the following docu-
ments, which were admitted in evidence.*

TERRITORY OF UTAH, \ ^
BEAVEB GOCKTT, J

Ix THE SBOOKD JUDICIAL DISTRICT COCBT. THE PEOPIX, ETC., f». JOBS D. LEE, WILLIAM
H. DAME. ISAAC C. HJUGHT et al, ISMCTMEKT FOR MURDER, SEPTEMBER 16th. 1- "

AFFIDAVIT OF BRIGHAM YOIN«.

Questions to be propounded to Brigham Young on hk <

case of John D. Lee and others, on trial at Bearer City, Utah, this 30th day of
and the said answers of Brigham Young to the interrogatories hereto appc
reduced to writing, and were given after the said Brigham Young had been duly sworn I
testify to the truth in the above entitled cause, and are as follows:

First. — Stale jour age, and the present condition of your health, and whether in ;
present condition you could travel to attend in person at Beaver, the court now
there? If not, state w

A*nrer. — To the first interrogatory he says : I am in my seventy-fifth year-
would be a great risk, both to my health and life for me to travel to Beaver at this :
time. I am, and have been for some time, an invalid.

Second. — What offices, either ecclesiastical, civil or military, did you bold in
year 1857

* The first two had been offered by the counsel for the defense at the first trial, i
the Court then ruled them out. When they were presented on this occasion, Mr.
said to the Court : " In the former trial we came near being placed in jail tor <
the same pap-.

HISTORY OF UTAH. 807

Answer.— I was the Governor of this Territory, and ex-officio Superintendent of
Indian affairs, and the President of the Church of Jesus Christ of Latter-day Saints,
during the year 1857.

Third. — State the condition of affairs between the Territory of Utah and the Federal
Government in the summer and fall of 1857 ?

Answer. — In May or June, 1857, the United States mails for Utah were stopped by
the Government, and all communication by mail was cut off; an army of the United
States was en route for Utah, with the ostensible design of destroying the Latter-day
Saints, according to the reports that reached us from the East.

Fourth. — Were there any United States judges here during the summer and fall
of 1857 ?

Answer. — To the best of my recollection there was no United States Judge here in
the latter part of 1857.

Fifth. — Scale what you know about trains of emigrants passing through the Terri-
tory to the West, and particularly about a company from Arkansas, en rowiefor California,
passing through this city in the summer or fall of 1857?

Answer. — As usual, emigrant trains were passing through our Territory for the
West. I heard it rumored that a company from Arkansas, en route to California, had
passed through the city.

Sixth. — Was this Arkansas company of emigrants ordered away from Salt Lake City
by yourself or anyone in authority under you ?

Answer. — No, not that I know of. I never heard of any such thing, and certainly
no such order was given by the acting Governor.

Seventh.- Was any counsel or instruction given by any person to the citizens of
Utah not to sell grain, or trade with the emigrant trains passing through Utah at that
time ? If so what were those instructions and that counsel ?

Answer. — Yes, counsel and advice was given to the citizens not to sell grain to the
emigrants to feed their stock, but let them have sufficient for themselves if they were out.
The simple reason for this was that for several years our crops had been short, and the
prospect was at that time that we might have trouble with the United States army, then
en route for this place; and we wanted to preserve the grain for food. The citizens of the
Territory were counseled not to feed grain even to their own stock. No person was ever
punished or called in question for furnishing supplies to the emigrants, within my
knowledge.

Eighth.— When did you first hear of the attack and destruction of the Arkansas
company, at Mountain Meadows, in September, 1857?

Answer. — I did not learn anything of the attack or destruction of the Arkansas
company until sometime after it had occurred, — then only by a floating rumor.

Ninth. — Did John D. Lee report to you at any time after this massacre what
had been done at that massacre, and if so what did you reply to him in reference
thereto ?

Answer. — Within some two or three months after the massacre he called at my
office and had much to say with regard to the Indians, their being stirred up to anger and
threatening the settlements of the whites, and then commenced giving an account of the

808

HISTORY OF UTAH.

massacre. I told him to stop, as from what I had already learned by rumor I did not
wish my feelings harrowed up with a recital of the details.*

* Lee says, in his published confession, " When I arrived in the city I went to the
President's house and gave to Brigham Young a full, detailed statement of the whole
affair, from first to last — only I took rather more on myself than I had done." What Lee
actually told Governor Young was in accord with the agreement made By the leaders of
the massacre on the field, when they feared Colonel Dame would report the whole truth.
In the private journal of Wilford Woodruff, under date of September 29th, 1857, it is
noted that John D. Lee called on the Governor, and in the presence of Mr. Woodruff
related " an awful tale of blood. He told how a company of emigrants, numbering about
one hundred and fifty men, women and children, had poisoned beef for the Indians, and
springs of water, and been guilty of other wrongs, till the Indians became enraged, sur-
rounded them on the prairie, and fought them five or six days until all the white men,
about sixty in number, were killed. Then the savages rushed upon the emigrants' corral
and killed the women and children, except about ten of the latter, whom they sold to the
whites. Lee said that when he found it out, he took some men and went and buried the
bodies, which had been stripped and left on the ground." John W. Young, who was then
a messenger boy in the Governor's office, says he was in the room and heard Lee tell this
story. Judge Aaron F. Farr, of Ogden, testified as follows on this point: " I was per-
sonally acquainted with John D. Lee, having known him when a boy in Nauvoo. In the
fall of 1857 he came to Salt Lake City from his home in Iron County, shortly after the
massacre, to report to Brigham Young how it occurred. On the same day that he
reported to President Young in the morning, he came to my residence on West Temple
Street, opposite Bishop Hunter's place, in the afternoon, and in a conversation with me,
lasting about an hour and a half, detailed every particular of the horrible occurrence.
He placed the whole blame of the massacre on the Indians. He stated that he and his
associates had done all in their power to protect the emigrants, but were totally helpless
in their object. He seemed very earnest while he was telling me this story, and at inter-
vals wept bitterly. I asked him if he had informed President Young of these particulars,
and he answered me that he had seen President Young that same morning, and ha
related to him the circumstances as he had told them to me." President Woodruff says
that when, in 1870, Apostle Erastus Snow stated to President Young that there was
strong evidence that Lee was personally implicated in the massacre, President Young was
very much surprised, and declared that if it was true, John D. Lee had lied to him. He
had the matter investigated, and Lee was cut off the Church. Isaac C. Haight was also
cut off for not preventing the crime. Apostle Erastus Snow says he began to learn the
facts, little by little, in 1861 to 1863, and, when, by 1870, he had become fully satisfied
that Lee had taken a direct hand with the Indians, he communicated the facts to Presi-
dent Young, who expressed astonishment and wondered how and why the truth had been
so long concealed from him. He ordered an investigation, which was made by Erastus
Snow and Bishop L. W. Roundy, of Kanarra, and which resulted in the excommunica-
tion of Lee, with an order that he should never again be admitted to the Church.
Haight was also expelled for failing, as his superior officer in the Church, to restrain Lee,
or to take prompt action against him.

HISTORY OF UTAH. 809

Tenth: — Did Philip Klingensmith call at your office with John D. Lee at the time of
Lee making his report, and" did you at that time order Smith to turn over the stock to
Lee, and order them not to talk about the massacre ?

Answer. — No, he did not call with John D. Lee, and I have no recollection of his
ever speaking to me or I to him concerning the massacre, or anything pertaining to the
property.

Eleventh. — Did you ever give any directions concerning the property taken
from the emigrants at the Mountain Meadows massacre, or know anything as to its
disposition ?

Answer. — No. I never gave any directions concerning the property taken from the
company of emigrants at the Mountain Meadows massacre, nor did 1 know anything of
that property or its disposal ; and I do not to this day, except from public rumor.

Twelfth. — Why did you not, as Governor of Utah Territory, institute proceedings
forthwith to investigate that massacre and bring the guilty authors to justice?

Answer. — Because another Governor had been appointed by the President of the
United States, and was then on the way here to take my place, and I did not know how
soon he might arrive, and because the United States judges were not in the Territory.
Soon after Governor Gumming arrived, I asked him to take Judge Cradlebaugh, who
belonged to the southern district, with him, and I would accompany them with sufficient
aid to investigate the matter and bring the offenders to justice.*

* In a letter written to Secretary Belknap, at Washington, under date of May 21,
1872, President Young said : " In 1858, when Alfred Gumming was Governor of Utah
Territory, I pledged myself to lend him and the court every assistance in' my power, in
men and means, to thoroughly investigate the Mountain Meadows massacre, and bring if
possible, the guilty parties to justice. That offer I have made again and again", and although
it has not yet been accepted, I have neither doubt nor fear that the perpetrators of that
tragedy will meet their just reward. But sending an armed force is not the means of fur-
thering the ends of justice, although it may serve an excellent purpose in exciting popular
clamor against the Mormons. In 1859, Judge Cradlebaugh employed a military force to
attempt the arrest of those alleged criminals. He engaged in all about four hundred
men, some of whom were civilians, reputed gamblers, thieves and other camp followers,
who were doubtless intended for jurors (as his associate Judge Eccles, had just done in
another district) ; but these accomplished absolutely nothing further than plundering hen
roosts and rendering themselves obnoxious to the citizens on their line of march. Had
Judge Cradlebaugh, instead of peremptorily dismissing his grand jury and calling for that
military posse, allowed the investigation into the Mountain Meadows massacre to proceed,
I have the authority of Mr. Wilson, U. S. Prosecuting Attorney, for saying the investiga-
tion was proceeding satisfactorily ; and I firmly believe, if the county sheriffs, whose legal
duty it was to make arrests, had been lawfully directed to serve the processes, that they
would have performed their duty and the accused would have been brought to trial.
Instead of honoring the law, Judge Cradlebaugh took a course to screen offenders, who
could easily hide from such a posse under the justification of avoiding a trial by court

810

HISTORY OF UTAH.

•Thirteenth. — Did you, about the 10th of September, 1857, receive a communication
from Isaac C. Haight, or any other person of Cedar City, concerning a company of emi-
grants called the Arkansas company ?

Answer. — I did receive a communication from Isaac G. Haight or John D. Lee, who
was then a farmer for the Indians.

Fourteenth. — Have you that communication ?

Answer. — I have not. I have made diligent search for it but cannot find it.

Fifteenth. — Did you answer that .communication ?

Answer.— \ did, to Isaac C. Haight, who was then acting President at Cedar
City.

Sixteenth. — Will you state the substance of your letter to him ?

Answer. — Yes. It was to let this company of emigrants, and all companies of
emigrants, pass through the country unmolested, and to allay the angry feelings of the
Indians as much as possible.*

(Signed), BRIGHAM YOUNG.

Subscribed and sworn to before me this 30th day of July, A. D. 1875.

WILLIAM CLAYTON, Notary Public.

martial. It is now fourteen years since the tragedy was enacted, and the courts have
never tried to prosecute the accused ; although some of the judges, like Judge Hawley,
have used every opportunity to charge the crime upon prominent men in Utah, and influ-
ence public opinion against our community."

* This letter, which was subsequently found, was dated at the " President's Office,
Great Salt Lake City, September 10, 1857," and reads as follows: "Elder Isaac C.
Haight. Dear Brother : — Your note of the 7th inst. is to hand. Capt. Van Vliet, Acting
Commissary, is here, having come in advance of the army to procure necessaries for them.
We do not expect that any part of the army will be able to reach here this fall. There is
only about 850 men coming. They are now at or near Laramie. A few of their freight
trains are this side of that place, the advance of which are now on Green River. They
will not be able to come much, if any further on account of their poor stock. They
cannot get here this season without we help them. So you see that the Lord has an-
swered our prayers, and again averted the blow designed for our heads. In regard to the
emigration trains passing through our settlements, we must not interfere with them until
they are first notified to keep away. You must not meddle with them. The Indians we
expect will do as they please, but you should try to preserve good feelings with them.
There are no other trains going south that I know of. If those who are there will leave,
let them go in peace. While we should be on the alert, on hand, and always ready, we
should also possess ourselves in patience ; preserving ourselves and property, ever remem-
bering that God rules. He has overruled for our deliverance thus once again, and he will
always do so if we live our religion and be united in our faith and good works. All is
well with us. May the Lord bless you and all the Saints forever. Your brother in the
gospel of Christ.

" BRIGHAM YOUNG,"

HISTORY OF UTAH. 811

TERRITORY OF UTAH,
Beaver County,

AFFIDAVIT OF GEORGE A. SMITH,
/-ss.

IN THE SECOND JUDICIAL DISTRICT COURT OF THE TERRITORY OF UTAH. THE PEOPLE, ETC.,
• vs. JOHN D. LEE, WILLIAM H. DAME, ISAAC C. HAIGHT, et al. INDICTMENT FOR
MURDER COMMITTED SEPTEMBER 16™. 1857.

George A. Smith having been first duly sworn, deposes and says: That he is aged
fifty-eight years ; that he is now and has been for several months suffering from a severe
and dangerous illness of the head and lungs, and that to attend the court at Beaver, in
the present condition of his health, would in all probability end his life.* Deponent fur-
ther saith that he had no military command during the year 1857, nor any other official
position, except that of one of the Twelve Apostles of the Church of Jesus Christ of
Latter-day Saints.

Deponent further saith that he never, in the year 1857, at Parowan or elsewhere,
attended a council where William H. Dame, Isaac C. Haight or others were present, to
discuss any measures for attacking or in any manner injuring an emigrant train from
Arkansas or any other place, which is alleged to have been destroyed at Mountain Mead-
ows in September, 1857. Deponent further saith that he never heard or knew anything
of a train of emigrants, which he learned afterwards, by rumor, was from Arkansas, until
he met said emigrant train at Corn Creek on his way north to Salt Lake City, on or about
the 25th day of August, 1857. Deponent further saith that he encamped with Jacob
Hamblin, Philo T. Farnsworth, Silas S; Smith and Elisha Hoops, and there for the first
time he learned of the existence of said emigrant train and their intended journey to Cal-
ifornia. Deponent further saith that, having been absent from the Territory for a year
previous, he returned in the summer of 1857 and went south to visit his family at Paro-
wan, and to look after some property he had there, and also visit his friends and for no
other purpose ; and that on leaving Salt Lake City he had no knowledge whatever of the
existence of said emigrant train, nor did he acquire any until as before stated.

Deponent further saith that, as an Elder in the Church of Jesus Christ of Latter-day
Saints, he preached several times on his way south, and also on his return, and tried to
impress upon the minds of the people the necessity of great care as to their grain crops, as
all crops had been short for several years previous to 1857, and many of the people were
reduced to actual want, and were suffering for the necessaries of life. Deponent further
saith that he advised the people to furnish all emigrant companies passing through the
Territory with what they might actually need for bread stuff, for the support of themselves
and families while passing through the Territory, and also advised the people not to feed
their grain to their own stock, nor to sell it to the emigrants for that purpose.

Deponent further saith that he never heard or knew of any attack upon the said emi-
grant train until some time after his return to Salt Lake City, and that while near Fort
Bridger [now in Wyoming] he heard for the first time that the Indians had massacred an
emigrant company at Mountain Meadows.

* He died September 1st, 1875.

812

HISTORY OF UTAH.

Deponent further saith that he never, at any time, either before or after that massa-
cre, was accessory thereto ; that he never, directly or indirectly, aided, abetted or assisted
in its perpetration, or had any knowledge thereof, except by hearsay; that he never knew
anything of the distribution of the property taken there, except by hearsay as aforesaid.
Deponent further saith that all charges and statements as pertaining to him, contrary
to the foregoing, are false and untrue.

(Signed), GEORGE A. SMITH.

Subscribed and sworn to before me this 30th day of July, A. D. 1875.

WILLIAM CLAYTON, Notary Public.

The proclamation of Governor Young, dated at Salt Lake City,
September 15th, 1857, declaring the Territory under martial law, was
placed in evidence, as was also President Young's report as Superin-
tendent of Indian Affairs to Indian Commissioner James W. Denver,
at Washington. This report was under date of September 12th, and
relates to financial affairs, except complaints that travelers and emi-
grants had brought on trouble from the Indians by shooting them
whenever they made themselves visible : " a practice,'' Governor
Young went on to say, " utterly abhorrent to all good people, yet, I
regret to say, one that has been indulged in to a great extent by trav-

•

elers to and from the Eastern States and California ; hence the Indians
regard all white men alike as their enemies, and kill and plunder
whenever they can do so with impunity; and often the innocent suffer
for the deeds of the guilty." The Governor recommended an effort
to induce travelers to " omit their infamous practice of shooting them
[the Indians] down whenever they happen to see one;" that "the
Government should make more liberal appropriations to be expended
in presents,'' as it was ''far cheaper to feed the Indians than to fight
them;" and that the troops be kept away. » Next in the order of
evidence came the following:

LETTER OF JOHN D. LEE TO BRIGHAM YOUNG.

HARMONY, WASHINGTON COUNTY, U. T.,

November 20th, 1857.

To His Excellency Governor B. Young, ex-ojficio and Superintendent of Indian

Affairs,

DEAR SIR: — My report under date of May llth, 1857, relative to the Indians over whom
I have charge as farmer, showed a friendly relation between them and the whites, which

HISTORY OF UTAH. 813

doubtless would have continued to increase had not the white man been the first aggressor,
as was the case with Captain Fancher's company of emigrants passing through to California
about the middle of September last, on Corn Creek, fifteen miles south of Fillmore City, Mil-
lard County. The company there poisoned the meat of an ox, which they gave the Pah Vant
Indians to eat, causing four of them to die immediately, besides poisoning a number
more. The company also poisoned' the water where they encamped, killing the cattle of
the settlers. This unguarded policy, planned in wickedness by this company, raised the
ire of the Indians, which soon spread to the southern tribes, firing them up with revenge
till blood was in their path; and as the breach, according to their tradition, was a national
one, consequently any portion of the nation was liable to alone for that offense.

About the 22nd of September, Captain Fancher and company fell victims to their
wrath, near Mountain Meadows; their cattle and horses were shot down in every
direction, their wagons and property mostly committed to the flames.* Had they been
the only ones that suffered we would have less cause of complaint ; but the following
company of nearly the same size had many of their men shot down near Beaver City,
and had it not been for the interposition of the citizens of that place the whole company
would have been massacred by the enraged Pah Vanls. From this place they were
protected by military force, by order of Col. W. H. Dame, through the Territory, besides
providing the company with interpreters to help to the Los Vegas. On the Muddy, some
three to five hundred Indians attacked the company, while traveling, and drove off several
hundred head of cattle, telling the company that if they fired a single gun they would
kill every soul. The interpreters tried to regain the stock, or a portion of them, by
presents, but in vain ; the Indians told them to mind their own business, or their lives
would not be safe. • Since that occurrence no company has been able to pass without
some of our interpreters to talk and explain matters to the Indians. Friendly feelings yet
remain between the natives and settlers, and I have no hesitancy in saying that it will
increase so long as we treat them kindly, and deal honestly toward them. I have been
blessed in my labors the last year. Much grain has been raised for the Indians. I
herewith furnish you the account of:

W. H. Dame, of Parowan, for cattle, wagons, etc., furnished for
the benefit of the Chief Owanup (ss.) ; for two yoke of

oxen $100 each, one wagon and chains, $75, total, $275.00

Two cows, $30 each, for labor $80, 140.00

TOTAL, $415.00

*The nature of this report harmonizes with a statement made by Lee in his
confession, where he says that after the dead bodies of the emigrants had been searched
by himself and three others : " Higbee and Klingensmilh, as well as myself, made
speeches, and ordered the people to keep the matter a secret from the entire world. Not
to tell their wives, or their most intimate friends, and we pledged ourselves to keep
everything relating to the affair a secret through life. We also took the most binding
oaths to stand by each other, and to always insist that the massacre was committed by
Indians alone."

814

HISTORY OF UTAH.

P. K. Smith, Cedar City, Iron County, for two yoke of cattle, $100

each, and No. 2 Weekses band, 8200.00

One cow, $35, do. one wagon, $80 ., $115.00

TOTAL, *$315.00

Jacob Hamblin's account, for the benefit of Talse Gobbeth (Tutse
Gabits) band, Santa Clara, Washington County, (ss.), two

yoke of cattle, $100 each, do. one wagon, two chains, $100,. . $300.00

Two cows, $35, total, 70.00

TOTAL, $370.00

Henry Barney's account for the benefit of Tenquitches' band,

Harmony, (ss.), for two yoke cattle, $100 $200.00

do. one wagon, $100, do. one plow, $40, total, 140.00

do. four cows at $35, each, total, 140.00

For labor in helping to secure crops, 40.00

TOTAL $520.00

For my services for the last six months and lor provisions, clothing,

etc., $600.00

SUM TOTAL, $2,220.00

From the above report you will see that the wants of the natives have increased
commensurate with their experience and practice in the art of agriculture.*
With sentiments of high consideration, I am your humble servant,

JOHN D. LEE, Farmer to Pah Ute Indians.

To Oov. B. Young, ex-ojficio and Sup't of Indian Affairs.

ABSTRACT FROM REPORT OF BRIGHAM YOUNG.

OFFICE OF SUP'T OF INDIAN AFFAIRS,

G. S. L. CITY, U. T., January 6th, 1858.

Hon. James W. Denver, Commissioner of Indian Affairs, Washington City, D. C.,

SIR: — On or abou't the middle of last September, a company of emigrants, traveling
by the southern route to California, poisoned the meat of an ox that died, and gave it to

* Says John D. Lee in his confession : " I forwarded that letter, and thought I had
managed the affair nicely. I put in the expense account of $2,220, just to show off."
He also adds, " I never gave the Indians one of the articles named in the letter. No one
of the men mentioned had ever furnished such articles to the Indians, but I did it this
way for safety."

HISTORY OF UTAH. 815

the Indians to eat, causing the immediate death of four of their tribe, and poisoning
several others. This company also poisoned the water where they -were encamped.
This occurred at Corn Creek, fifteen miles south of Fillmore City. This conduct so
enraged the Indians that they immediately took measures for revenge. I quote from a
letter written to me by John D. Lee, farmer to the Indians in Iron and Washington
counties: "About the 22nd of September Captain Fancher & Co., fell victims to the
Indians' wrath near Mountain Meadows. Their cattle and horses were shot down in
every direction, their wagons and property mostly committed to the flames." Lamentable
as this case truly is, it is only the natural consequence of that fatal policy which treats
the Indians like the wolves or other ferocious beasts. I have vainly remonstrated for
years, with travelers, against pursuing so suicidal a policy, and repeatedly advised the
government of its fatal tendency. It is not always upon the heads of the individuals who
commit such crimes that such condign punishment is visited, but more frequently the
next company that follow in their fatal path become the unsuspecting victims, though
preadventure perfectly innocent. Of this character was the massacre of Captain Gunni-
son and party in 1853. He was friendly and unsuspecting, but the emigrant company
that immediately preceeded him had committed a most flagrant act of injustice and murder
upon the Indians, escaped unscathed, causing the savage feeling and vengeance which
they had so wantonly provoked to be poured out upon the head of the lamented Gunni-
son. Owing to these causes, the Indians upon the main traveled roads leading from this
Territory to California have become quite hostile, so that it has become quite impossible
for a company of emigrants to pass in safety. The citizens of the Territory have
frequently compromised their own safety and other peaceful relations, by interfering in
behalf of travelers ; nor can they be expected to be otherwise than hostile, so long as the
traveling community persist in the practice of indiscriminately shooting and poisoning
them, as above set forth. In all other parts of the Territory, except along the north and
south routes to California, as above mentioned, the Indians are quiet and peaceful ; it is
owing to the disturbed state of our Indian affairs that the accounts of this quarter have
been so considerably augumented. It has always been my policy to conciliate the native
tribes by making them presents, and treating them kindly, considering it much more
economical to feed and clothe them than to fight them. I have the satisfaction of know-
ing that this policy has been most eminently successful and advantageous, not only to the
settlements but to the government as well as to the emigrants and travelers. But the
most uniform judicious and humane course will sometimes fail in holding ignorant, wild
and revengeful Indians by the wrist, to be indiscriminately murdered. We trust, hence-
forward, such scenes may not be re-enacted, and the existing bad feelings among the native
tribes may become extinguished by a uniform, consistent, humane and conciliatory course
of superior acts, by those who profess superior attainments.

Respectfully, I have the honor to remain, your obedient servant,

BRIGHAH YOUNG,

Gov. and Sup't of Indian Affairs, U. T.

Certified as correct by James Jack, Notary Public of Utah Territory, at Salt Lake
City, August 15th, 1876.

816 HISTORY OF UTAH.

CIRCULAR BY BRIGHAM YOUNG AND DANIEL H. WELLS.

GREAT SALT LAKE CITY, September 14th, 1857.
Colonel Win. H. Dame, Parowan, Iron County :

Herewith you will receive the Governor's proclamation declaring martial law.

You will probably not be called out this fall but are requested to continue to make
ready for a big fight another year. The plan of operations is supposed to be about this :
In case the United States government should send out an overpowering force, we intend
to desolate the Territory, and conceal our families, stock, and all of our effects in the fast-
nesses of the mountains, where they will be safe, while the men waylay our enemies,
attack them from ambush, stampede their animals, take their supply trains, cut off detach-
ments, and parlies sent to the canyons for wood, or on other service, to lay waste every-
thing that will burn — houses, fences, trees, fields and grass — so that they cannot find a
particle of anything that will be of use to them, not even sticks to make a fire to cook their
supplies. To waste our enemies and lose none, that will be our mode of warfare. Thus
you see the necessity of preparing. First secure places in the mountains where they can-
not find us, or if they do where they cannot approach in force, and then prepare for our
families, building some cabins, caching flour and grain. Flour should be ground in the
latter part of the winter, or early in the spring, to keep. Sow grain in your fields as early
as possible this fall, so the harvest of another year may come off before they have time to
get here. Conciliate the Indians and make them our fast friends.

In regard to letting the people pass or repass, or travel through this Territory, this
applies to all strangers and suspected persons. Yourself and Brother Isaac C. Haight, in
your district, are authorized to give such permits ; examine all such persons before giving
to them permits to pass. Keep things perfectly quiet, and let all things be done peace-
fully, but with firmness, and let there be no excitement. Let the people be united in
their feelings and faith, as well as works, and keep alive the spirit of the reformation ;
and what we said in regard to saving the grain and provisions we say again. Let there
be no waste. Save life always when it is possible. We do not wish to shed a drop of
blood if it can be avoided. This course will give us great influence abroad.

[Signed], BRIGHAM YOUNG,

DANIEL H. WELLS.*

Certified to under seal by James Jack, Notary Public, August 16th, 1876.

*W. W. Bishop, in his Life of John D. Lee, says of this document: "The circular
bears date two days before the massacre is charged to have been committed, and the sup-

r position is that it had been delivered to Dame at the time he issued his orders for the
massacre." While the indictment " charged " the crime on September 16th, Attorney
Bishop well knew, when he wrote the foregoing sentence, that the crime was proved to
have been committed on September lllh— three days prior to the date of the circular,
and four days before Governor Young's proclamation, which was issued on the 15th.
He further says : " Next, take the proclamation declaring martial law in the Territory, and
put these facts together, and no fair-minded person can deny that the massacre was the

HISTORY OF UTAH. 817

Now came the examination of witnesses for the Government.
General Daniel H. Wells was the first one called. His testimony was
to the effect that in 1857 John D. Lee was farmer to the Indians and
was popular with them; he had previously held the office of major
in the militia.

Laban Morrill who was present at a council held at Cedar City
on the Sunday previous to the massacre, stated that the proceedings
of the meeting had begun when he entered. There was considerable
excitement among those in attendance, and upon inquiring the
reason, Mr. Morrill was informed of the offensive course of the
emigrants in threatening that they would return and "destroy every

d d Mormon." The hostile attitude of the emigrants caused

much feeling as there was already an army coming on the north
against the people. A proposition was made, supported by Isaac C.
Haight and Philip Klingensmith, that the emigrants be treated as a
hostile force, arid that they be attacked and destroyed or captured.
Mr. Morrill opposed this in several speeches, and demanded to know
what authority they had for such a step, and whether they had a
letter from Colonel Dame. The reply was that they had no word
from Dame, but were proceeding on their own authority. Haight
and Klingensmith thought it would be best to kill the emigrants, but
Morrill would not consent. "Klingensmith," he says, "was the
hardest man I had to contend with there." The witness proposed,
as a settlement of the matter, that a message be sent to Governor
Young, inquiring what to do, and that no hostile course be pursued
until the messenger returned. This was unanimously agreed to.

result." His logic is that the effect was produced before its cause existed. As Haight's
letter of inquiry about the emigrants at Mountain Meadows was received and answered
on the 10th — and by the utmost haste it took the special pony express until the evening
of the 13th to reach Cedar City — several days before the circular and proclamation were
issued, it is not unlikely that it inspired in the letter to Dame the expression, particularly
applicable to the existing conditions in Iron County — " Save life always when it is
possible. We do not wish to shed a drop of blood if it can be avoided," — and also the
authorization of Dame and Haight to issue permits to travelers passing through the
Territory.

818

HISTORY OF UTAH.

Word was sent to John D. Lee, who was not at the council, to have
the Indians kept back, and not interfere with the emigrants, while
another dispatch was forwarded by Haight -to the Governor. This
letter was sent with James H. Haslam, and witness went to his home
at Fort Johnson feeling that all was well. On Friday, the llth,
about fourty-eight hours before Haslam returned, Morrill was
called by business to Cedar City, and before leaving there "learnt
that the job had been done; that is, that the destruction of the emi-
grants had taken place." When Haslam came, witness asked Haight
about the Governor's answer, and Haight replied. "President Youn§
sent word to let the emigrants pass on in peace."

James H. Haslam was then sworn as a \vitness. He testified
that on the evening of Monday, September 7th, 1857, he started for
Salt Lake City, having been directed by Isaac C. Haight to take a
message to President Young, with all speed. At the same time an
order which the witness read, was issued by Haight to John D. Lee,
to keep the Indians in check till the messenger returned from Salt
Lake City. The message which Haslam bore was addressed to
"Brigham Young, Governor of Utah Territory." The witness was
permitted to read it before it was sealed up. It stated that the
Indians had got the emigrants corraled at Mountain Meadows, and
Lee wanted to know what should be done. Lee was at that time
Major of what was called the Post,* and also Indian agent or farmer.
When Haslam reached Parowan he procured a note from Colonel
Dame requesting the Bishops on his route to furnish him horses,
which they did. He reached Salt Lake City on the morning of
Thursday, September 10th, and handed the message to Governor
Young who told him to get a little sleep and return at 1 p. m. that
day. The Governor asked him if he could stand the trip back. The
reply was yes, and President Young handed him a letter to Haight,
in an unsealed envelope, saying, "Go with all speed. Spare no horse
flesh. The emigrants must not be meddled with, if it takes all Iron

* This was a post built at Cedar City as a protection from hostile Indians.

HISTORY OF UTAH. 819

County to prevent it. They must go free and unmolested."* Has-
lam hastened back to Cedar City, arriving there on Sunday morning,
September 13th. He met Haight in the street and handed him the
letter. When he read it Haight exclaimed, "Too late! Too late!"
and cried like a child. That was the first that witness knew of the
massacre. On his way to Salt Lake he had found the Indians very
mad, and they told him they would kill the emigrants before he
got back.

The testimony of Joel W. White did not differ from that given
by him at the former trial. He was followed by Samuel Knight and
Samuel McMurdy, who drove the teams in which the wounded
emigrants, children and guns were placed after tbe company surren-
dered. Knight and McMurdy acted under the direction of Lee and
Klingensmith. McMurdy was on the first wagon and Knight
on the second, with Lee walking between. Knight testified that
when the halt was made and the Indians rushed on to the train, he
saw Lee club a woman to death. McMurdy said that he saw Lee,
at the moment of attack, in the act of shooting a woman; also saw
him shoot with his pistol two or three of the wounded who were
in the wagon.f The Indians, who came out of ambush, did the
principal part of the killing. Both witnesses, when they were first
called out, understood that it was to rescue the emigrants from the
Indians.

Nephi Johnson testified that he was present at the Meadows,
where "Klingensmith and John D. Lee seemed to be engineering
the whole thing." At the time of the killing, witness was after his
horse about three hundred yards up the hill. He saw Lee fire, and
a woman fall. The Indians rushed in and Lee helped them to pull
the wounded out of the wagons. Before the shooting, Lee had told
the militia that the emigrants were to be killed and a good many

*This testimony, with the greater part of the evidence of Haslam, is omitted in
Bishop's " Life of John D. Lee."

f Lee, in his confession says : " I did not kill anyone there."

820 HISTORY OF UTAH.

of the men objected, but did not dare say anything to those in
command. Lee had full control on the field. Haight did not reach
the Meadows till next morning.* The matter was talked over, and
it was agreed to keep still about the affair. Klingensmith was one
of those who gave this advice.

Testimony was also elicited from Jacob Hamblin, who, the next
spring, counted and buried one hundred and twenty skeletons that
had been torn up by wild animals. He returned to Salt Lake City a
few days after the massacre, and saw the dead bodies lying around.
On his way down he met Lee at Fillmore, en route to Salt Lake.
Hamblin had heard of the affair from the Indians, and asked Lee
about it. The latter said that the Indians compelled him to lead the
attack. He did not want to do so, and when he cried, the Indians
called him "Yah Guts,1' or "Cry Baby." Lee also said that he sent
word to Cedar of what had occurred, and received a message saying
that he was not to disturb the emigrants — then came another order
that they were to be used up. Witness was not told who this
order was from. Lee told Hamblin that there were white men in the
massacre; that they did not know what they were going for till they
got there; and that some would not act and some would. He
named Klingensmith as a participator. Lee also said to him that
an Indian chief brought him two young girls and asked what should
be done with them. The Indian shot one and Lee killed the other.
When the Indian agent, Dr. Forney, came for the surviving children,
Hamblin gathered up seventeen — all that he could find — and delivered

* Lee states that Dame and Haight came in the morning and had a quarrel. He
also says : " Col. Dame was silent for some time. He looked all over the field, and was
quite pale, and looked uneasy and frightened. I thought then that he was just finding out
the difference between giving and executing orders for wholesale killing. He spoke to
Haight, and said : ' 1 must report this matter to the authorities.' ' How will you report
it ? ' said Haight. Dame said, ' I will report it just as it is.' ' Yes, I suppose so, and
implicate yourself with the rest ? ' ' No,' said Dame, ' I will not implicate myself, for I

had nothing to do with it.' Haight then said, ' That will not do, for you know a d d

sight belter. You ordered it done.' " Lee adds, " Col. Dame was much excited. He
choked up, and would have gone away, but he knew Haight was a man of determination
and would not stand any foolishness." Lee adds that he interposed to stop the quarrel.

HISTORY OF UTAH. 821

them to him. Mr. Hamblin also stated that he afterwards told
President Young and Apostle George A. Smith what Lee had related
to him, and President Young said that when they could get a court
of justice the matter should be ferreted out. This was the first
opportunity the witness had had to tell it in a court of justice.

Nephi Johnson was recalled and stated that under orders of
Colonel Dame he piloted Duke's company, which followed the massa-
cred emigrants, safely though the country. At Harmony John D. Lee
asked him to take the company into the mountains in the Santa
Clara and he would follow with the Indians and kill them. Witness
said that he would not do it; that he was sent to see the company
through the country, and he would do that or die.

With this witness the prosecution rested. The other side
introduced no evidence. The attorneys for the defense assumed
the position that Lee only obeyed the orders of his superiors, and
Mr. Bishop declared that " the Mormon Church had resolved to
sacrifice Lee, discarding him as of no further use, and leaving him
to a fate consequent on such evidence as had been introduced.'' In
his closing address, District Attorney Howard said that he had
unanswerable evidence that the authorities of the Mormon Church
knew nothing of the butchery till after it was committed, and then
Lee had knowingly misrepresented the facts to President Young,
seeking to keep him in ignorance of the truth. The speaker stated
that as Government attorney he had received all the assistance that
any United States official could ask in any case; nothing had been
kept back. It was not his intention to prosecute anyone innocently
lured to the Meadows.

The case was given to the jury on the morning of September
20th, and after four hours' deliberation they brought in a verdict of
guilty of murder in the first degree.* This result, upon the testi-

* All the jurors were Mormons. Their names were Wm. Greenwood, John E. Page,
A. M. Farnsworth, Stephen S. Barton, Valentine Carson, Alfred 1. Randall, James G.
Montague, A. S. Goodwin, Ira B. Elmer, Andrew A. Correy, Charles Adams and Walter
Granger:

822

HISTORY OF UTAH.

mony which had been introduced, surprised no one. Lee received
the news gloomily. His attorneys were granted a stay of proceed-
ings pending a motion for a new trial.

During the progress of the Lee case — on September 14th — the
indictments against Colonel Dame and .Messrs. Adair and Wilden
I were, on motion of the District Attorney, quashed, as the evidence
did not justify their prosecution.

On the 7th of October a motion for a new trial in the Lee
case was argued and on the 10th overruled. The defendant was
sentenced to suffer the death penalty. As the law gave him the
choice of being hanged, beheaded or shot, he chose the latter
method. The date set for the execution was January 26th, 1877. A
large portion of Judge Boreman's speech at the time of passing
judgment was an anti-Mormon tirade, utterly without justification by
the evidence at either of the trials; in fact it contradicted the testi-
mony and the statements of the Government attorney. Among
other things he said :

The evidence of both trials will be considered together, and according to the evidence
at the former trial, the massacre seems to have been the result of a vast conspiracy,
extending from Salt Lake City to the bloody field, and the emigrants were plundered all
along this line of travel. * * Both trials, taken together, show that

others, and some high in authority, inaugurated and decided upon the wholesale slaughter
of the emigrants ; that the slaughter took place nineteen years ago, and from that time
down to the present term of court, there has been throughout the entire Territory, a
persistent and determined opposition to an investigation of the massacre.

No such evidence as that referred to by the Judge was brought
out at either trial, nor indeed, could it truthfully be given. Respect-
ing some of Boreman's assertions, the Beaver Enterprise said :
"We have resided in Utah much longer than Judge Boreman, and we
have not witnessed the persistent opposition of which he speaks.
* * We can prove, by witnesses whose testimony his
honor will allow is entitled to due weight, that no such conspiracy
[that alleged by the Judge to extend " from Salt Lake City to the
bloody field"] existed in Beaver City or Beaver County. We will
prove that no such conspiracy, nor even a knowledge of the deed,

HISTORY OF UTAH. 823

existed in Millard County. We will prove the same by good witnesses
in regard to Juab and Salt Lake Counties. We do not deny that
such conspiracy existed in Iron County ; but its existence there does
not prove, by a great deal, that it was to be found everywhere between
Salt Lake City and the Meadows. If it was known in any other
county besides Iron, it was in Washington County, and that county
only."

The Ogden Junction had this to say of Boreman's speech : " His
business was merely to sentence Lee. But being angry because he
could not try men in authority in the Mormon Church, he took this
occasion of convicting them as far as his unwarrantable language
could do so. To us his harangue from the bench was an insult to
the people of Utah, and an arraignment of unaccused persons which
renders him unfit for the position that he occupies. To the great
public it will appear as a disgraceful act in a public officer, and to the
District Attorney as an attack on his veracity. When the prosecut-
ing officer finds no case against persons whom rumor has accused,
but whom the law has no ground for indictment, the Judge has no
right even to insinuate anything against them, much less to con-
demn them in language only suited to a pothouse debate on some
current report. But, then, what could be expected of Boreman, the
last lingering remnant of the McKean ring, the fag end of the defunct
Methodist-Christian crusade."*

* The Methodist Church, through Zion's Herald, its official organ, thus avowed its
paternity of the anti-Mormon crusade : " We find Brigham Young was not so far out of
the way in declaring that the present judicial movement of the government against his
system, and even against his own immaculate person, is due to the Methodists ; Dr. New-
man's argument in the temple began the war. Our missionaries organized it by fortifying
themselves on the field, and the camp meeting brethren gave it the last stroke before the
arm of the state was raised to carry out its just decrees." The camp meetings referred to
were held for one week, in June, 1871, by the Revs. Mr. Inskip, G. M. Pierce, J. H. Vin-
cent and others. President Young invited all, and specially urged the young people, to
attend them. He gave this notice at the tabernacles in Salt Lake City and Ogden, and
published the invitation in the Deseret News. One of the Methodist ministers, Rev. J. H.
Vincent, of New York, expressed a wish to President Young to address the Sabbath
School children of Salt Lake. On Sunday, June 4th, about four thousand of these chil-

824 HISTORY OF UTAH.

An appeal [was taken in the Lee Case to the Supreme Court of
the Territory, where it was argued on January 31st, 1877. The
action of the lower court was affirmed on February 10, and on the
7th of iMarch Judge Boreman fixed Friday, March 23, as the date
for carrying lout the judgment of the court.* A move to obtain a
reprieve was inaugurated, the basis of executive clemency being that
Lee should make a statement implicating the Mormon leaders; but
this he could not do, the facts being plainly against such an allega-
tion, so the matter was dropped.f

dren, and nearly as many adults, assembled in the Large Tabernacle and listened atten-
tively to Dr. Vincent. The audiences at the camp meetings were large and orderly, and
consisted chiefly of Latter-day Saints and their children. At the meeting on Sunday,
June lltli, President Young was present. It was naturally expected that, aside from
proper consideration for the many courtesies he had extended to them, he would at least
receive the respectful treatment due to a stranger. On the contrary he was reviled at and
abused, the ministers aiming their sermons directly at him. This insulting and un-
Ghristian procedure was in strong contrast to the kindness and liberality which had been
uniformly shown by the Mormon leader to the Methodist ministers.

* Lee was taken from the Penitentiary on March 4th, arriving at Beaver on the 6th.
He looked utterly broken down, and his health was poor. A son and son-in-law were
present to meet him.

f The New York Herald and San Francisco Chronicle published, two days prior to
Lee's execution, an alleged confession said to have been made by him to U. S. Attorney
Howard. On the llth of the following April there was filed in the Department of
Justice, at Washington, an affidavit made by Edwin Oilman, an ex-deputy U. S. Marshal,
who alleged that in that confession vital p'arts implicating Brigham Young were omitted,
and charged that the U. S. Attorney had suppressed them. Oilman said that Lee had
made the statement on a promise that in return he should receive a reprieve, and event-
ually a full pardon. This promise was made, according to Oilman, by the U. S. Attorney.
Oilman, according to his affidavit, was a go-between and made overtures to Lee for the
confession, promising him immunity in consideration of the disclosure. He said that he
had seen the confession, and it was at variance with that given to the public by the Dis-
trict Attorney. Howard denied having made any change (the fact of the negotiations was
not controverted); and subsequent developments vindicated him in this regard. The New
York Herald sent a correspondent — Jerome B. Stillson — to Salt Lake, and for a time
continued to publish mendacious sensational reports about the Mormons preparing for
war, etc., and urging the sending of an army to Utah. General Smith, then in command
at Fort Douglas, reported all quiet in Utah, and General Crook, who was sent out by the
War Department, came and ascertained the falsity of the Herald telegrams, reporting
thereon in such forcible language that Stillson had to change h^s tactics. The corres-

HISTORY OF UTAH. 825

Marshal Nelson refrained from giving to the public any intima-
tion as to the place selected for the execution until after the event
occurred. Two days before the date fixed by the court, and in time
for the party to make the necessary trip of ninety miles over an
uneven road, he communicated to the newspaper correspondents and
citizens who were to be present the fact that it would take place at
what is known as Monument Point, Mountain Meadows. It is said
that the Marshal and his coadjutors chose this spot in the hope that
Lee, when brought face to face with death on the field where the
awful crime for which he was to forfeit his life had been committed,
would make a more complete and far-reaching confession than he
had done. This may have been one of the reasons for the step, but
doubtless another and equally powerful motive on the part of the
Marshal was a desire for dramatic effect.*

pondent then claimed that efforts were being made to assassinate him — by the Mor-
mons, of course — and alleged that on the night of May 26th he was shot at, and that on
the afternoon of May 31sl, while at his room in the Walker House, a stranger came in
and attempted to stab him. In proof of this he showed an incision about an inch long
in his vest and through two photographs, and an indented suspender buckle, with a slight
abrasion of the skin on the left breast, such as might have been made with a pin. An
official investigation exposed the fraud — the whole thing being a trick of Stillson's to
create a sensation — -and the Herald soon withdrew its correspondent.

*The Beaver Square-Dealer (non-Mormon), in its issue three days prior to the
execution, had this to say of Lee's last confession, which the editor had had the privilege of
perusing : " One particular statement he has adhered to from the first. He has at all
times declared that Brigham' Young and the Church leaders had nothing to do with the
massacre. His hopeful statement, made at the time of his arrest, and reiterated for
several weeks, that he would place the saddle on the right horse, was found to refer
solely to John M. Higbee, who Lee said succeeded him as major of the Iron County
militia, some time before the massacre. Lee's statement does not even reach Colonel
Dame. He knows nothing affecting anybody higher in the Church than Haight and
Klingensmith. The value of Lee's statement accrues chiefly to the Church leaders, whom
it exonerates completely. Standing on the eve of the execution, after a searching
investigation which has been prolonged for two years, not a jot or tittle ot evidence has
been elicited connecting the Mountain Meadows massacre with Brigham Young or any
leading Church official. Everything which Klingensmith and Lee have told goes to prove
that the conspiracy was hatched at Cedar City. Lee has told nothing because he has noth-
ing to tell. The country will be satisfied after the execution that he died with no secret in
him affecting Brigham Young. If he held such a fearful lodgment, Attorney Howard

57-VOL. 2.

HISTORY OF UTAH.

On the afternoon of Wednesday, March 21st, John D. Lee was
placed in a close carriage, and driven southward from Beaver, a
company of troops from Fort Cameron acting as guard. U. S. Mar-
shal Nelson, U. S. Attorney Howard, a few press representatives, and
about twenty citizens made up the remainder of the party, which did
not travel in a body lest particular attention should be attracted.
All met at Mountain Meadows on the morning of March 23rd.

During the trip Lee was sullen and silent. Rev. George Stokes
of Beaver was present as his spiritual adviser, and sought to. draw
him into a conversation. His efforts were vain until Friday morning,
when Lee began talking about religion. The parson advanced some
ideas which did not meet with the prisoner's approval, and a discus-
sion ensued, drifting from one subject to another till the massacre
was named. The talk upon this topic was between themselves. Mr.
Stokes afterwards said that Lee confessed to the killing of live
persons, but did not state their age or sex. In conversation with
others a few minutes later Lee stoutly denied having made such a
confession, and protested his innocence of actual participation in the
killing. He pointed out to the party various points of interest in
connection with the massacre. His countenance betrayed no emotion,
but wore the same stolid look that it had borne from the outset.
He seemed to conduct himself with perfect coolness. This was
probably in a degree attributable to the fact that almost up to his last
moment he anticipated the interposition of the reprieve promised as
a reward for his confession. But it never came.

would be in possession of it today and Lee's sentence commuted. A few facts warrant our
statements : John D. Lee was tried by a Mormon jury, who, on the testimony of Mormon
witnesses, brought in their verdict of murder in the first degree. Years ago Young
severed Lee from his Church, thus challenging the exposition of any orders, written or
otherwise, which he may have held from him as the head of the Church. The convic-
tion of Lee by a Mormon jury and his silent execution will be a receipt for Brigham
Young for all time to come as against the massacre of the Arkansas emigrants." In
view of this statement the reader is left to draw his own conclusions as to why Lee's
last confession, published after his death by his attorney, W. W. Bishop, is so worded as
to cast reflections upon President Young in relation to the Mountain Meadows massacre.

HISTORY OF UTAH. 827

The spot selected for the execution was about one hundred yards
from Monument Point, and toward this place the members of the
party in camp, began, about 9 a. m., to make their way. On
eminences overlooking the ground soldiers were stationed, while a
squad stood in line facing the monument. Three government wagons
were drawn into a semi-circle, and a covering of blankets so arranged
that the shooting party was hidden from view. Lee sat some distance
away, with the Marshal, quietly watching the preparations. He
betrayed no fear of death. A coffin was brought and placed about
twenty-five feet from the wagons, for him to sit upon. A slight
trepidation was noticeable as he glanced at it, but this was only
momentary.

When the preparations were completed, Lee was called forward.
He presented a bottle of "bitters" to those immediately around,
some of whom responded to his invitation to take a last drink with
him; then, leaning upon the arm of Parson Stokes, he approached
the wagons. It was a strange sight to see this old man of sixty-five
years walking calmly, and, to all outward appearance, unconcernedly
to his doom. As he reached the coffin, he deliberately removed his
overcoat and laid it down. He then handed his hat to Marshal
Nelson and his muffler to District Attorney Howard, and quietly took
his seat on the end of the coffin, facing his executioners.

The death warrant was read, and Lee listened attentively. At
its conclusion Marshal Nelson spoke: "Mr. Lee, if you have any-
thing to say before the order of the court is carried into effect, you
may now do so."

" I wish to speak to that man," said Lee, pointing to James
Fennamore, the photographer, who was fixing his camera to take a
negative before the shooting. ".Come over here," he said, beckoning
with his hand.

"In a second, Mr. Lee," replied Fennamore.

Lee waited till the artist was ready, and proceeded: "I want
to ask a favor of you. I want you to furnish my three wives
each a copy of my photograph " —meaning the one about to be

828

HISTORY OF UTAH.

taken — "send a copy of the same to Rachel A., Sarah C., and
Emma B."

Mr. Howard responded for Mr. Fennamore, who was busy with
his instrument, "He says he will do it, Mr. Lee."

The condemned man repeated the three names again, carefully,
and said, "Please forward them — you will doit?" To which the
artist gave an affirmative reply. Lee then arose, looked calmly at
those around him, and began speaking:

I have but little to say this morning. Of course I feel that I am upon the brink of
eternity, and the solemnities of eternity should rest upon my mind at the present. I have
made out, or endeavored to do so, a manuscript and an abridged history of my life. This
is to be published. I have given my views and feelings with regard to all those things.
I feel resigned to my fate. I feel as calm as a summer morning. I have done nothing
intentionally wrong. My conscience is clear before God and man, and I am ready to
meet my Redeemer and those that have gone before me behind the veil.

I am not an infidel. I have not denied God or His mercy. I am a strong believer
in those things. The most I regret is parting with my family. Many of them are unpro-
tected, and they will be left fatherless. [He paused here two or three seconds.] When
I speak of those little ones they touch a tender chord within me. [Here his voice faltered
perceptibly.]

I have done nothing designedly wrong in this affair. I used my utmost endeavors
to save these people. I would have given worlds were they at my command, to have
averted that calamity, but I could not do it. I am sacrificed to satisfy feelings — I am used
to gratify parties. But I am ready to die. I have no fear. Death has no terror. No
particle of mercy have I asked of the court or officials, to spare my life. I do not fear
death. I shall never go to a worse place than the one I am now in. I have said it to
ray family, and I will say it today, that the government of the United States sacrifices
their best friend. That is saying a great deal, but it is true — it is so.

I am a true believer in the gospel of Jesus Christ. I do not believe everything that
is now practiced and taught by Brigham Young. I do not agree with him. I believe he
is leading the people astray. But I believe in the gospel as it was taught in its purity by
Joseph Smith, in former days. I have nay reasons for saying this. I studied to make
this man's [Brigham Young's] will my pleasure, and did so for thirty years. See how
and what I have come to this day. I have been sacrificed in a cowardly and dastardly
manner. Evidence has been brought against "me which is as false as the hinges of hell.
I am now singled out and sacrificed — sacrifice a man that has waited upon him, that has
wandered and endured in the days of adversity, true from the beginning! He has an
influence over the people like a reptile, that draws its prey into the jaws of death. I
cannot compare it to anything else.

There are thousands of people in the Church, honorable, good-hearted, that I cherish
in my heart. I regret to leave my family. They are near and dear to me. These are
things to rouse my symrwthy. I declare I did nothing wrong designedly in this unfortunate

HISTORY OF UTAH. 829

affair. I did everything in my power to save all the emigrants ; but I am one that must
suffer. Having said this, I feel resigned. I ask the Lord my God to extend His mercy to
me and receive my spirit.

When Lee had ceased speaking the Marshal announced that the
hour for execution had come. Mr. Stokes knelt' on one side of the
coffin — Lee kneeling opposite — and offered a fervent prayer. This
being ended the Marshal tied a white handkerchief around the eyes
of the doomed man, who requested that he be shot through the
heart, so that his body would not be mangled.

After the blindfolding, the Marshal went to tie his hands, when
Lee said, "Don't do that. Please let my arms be free." The
request was granted, and Lee, sitting erect upon the coffin, clasped
his hands over his head and exclaimed, "Center my heart, boys!"

In a few seconds the Marshal spoke: "Ready! Aim! Fire!'" A
line of flame shot out from the wagons, and the ground at the rear
of the coffin was torn up with bullets. The body of Lee poised for
an instant and dropped heavily back upon the coffin; the arms fell
down by the sides, and all was over. Death was instantaneous.
One of the chief actors in the Mountain Meadows massacre had
paid with his life the penalty of his crime.

The body was lifted into the coffin, which was slightly tilted up
for a photograph to be taken of the corpse. It was then placed in a
wagon and conveyed to Cedar City. The officers and spectators
returned to Beaver. The body was forwarded to the Lee family at
Panguitch, there to be consigned to its earthly tomb.

830

HISTORY OF UTAH.

CHAPTER XXX.

1870-1877.

LAST DAYS AND LABORS OF BRIGHAM YOUNG WOMAN'S PLACE AND WORK IN MORMONDOM —

THE RELIEF SOCIETY THE RETRENCHMENT ASSOCIATION THE WOMAN'S " EXPONENT"-

THE YOUNG MEN'S AND YOUNG LADIES' MUTUAL IMPROVEMENT ASSOCIATIONS THE DESERET

SUNDAY SCHOOL UNION PRESIDENT YOUNG LAYS DOWN SOME OF HIS OFFICIAL BURDENS

HE RESIGNS THE OFFICE OF TRUSTEE-IN-TRUST FIVE COUNSELORS CHOSEN TO ASSIST THE

FIRST PRESIDENCY THE UNITED ORDER DEATH OF PRESIDENT GEORGE A. SMITH THE ST.

GEORGE TEMPLE DEDICATED SETTING IN ORDER THE STAKES PRESIDENT YOUNG'S LAST

PUBLIC ADDRESS DEATH OF UTAH'S FOUNDER.

HE present volume finds no more appropriate ending than that
furnished in the death of Utah's great pioneer and founder.
With the passing of that mighty spirit went also through the
eternal portals the last of another era in the annals of our moun-
tain commonwealth; an era largely created, even as that common-
wealth had been, by the character and genius of Brigham Young.
Before treating of the circumstances of his dissolution it will be
proper to briefly sketch in this final chapter the closing labors of
his mortal life.

That the finale of his earthly career came not in the nature of a
surprise to him, and that it was his desire, and so far as possible his
design, that when his last hour struck it should find him with a
record rounded and complete, is evident from the preparations made
by him for the solemn change, and the calm resignation with which
he awaited his summons to the unseen world. It was no secret to
the public then, nor is it to the reader now, that the President's
health, for many months prior to his demise, had been precarious,
and that at times he had been quite feeble. For several years the
symptoms of his approaching end had been more or less apparent.
It was plain that the well-knit though finely organized system which

HISTORY OF UTAH. 831

had endured so much, the busy brain which, like the brow of Jove,
had given birth to so much that was beneficent and wise, though
virile and vigorous to the last — thanks to the strict temperance and
chastity of his life — were beginning to succumb to the immense pres-
sure of public and private cares and responsibilities placed upon him.
During his latter years he sought to lay down some of his official
burdens, doubtless with a view to lengthening out his days and
extending his useful and philanthropic, labors. With some of those
labors,— such as have not yet been treated, or have received but
passing mention in these pages, it is now our purpose to deal.

Woman's work, — the all-important part played by the daughters
of Eve in the great drama of the universe, was ever a favorite theme
with Brigham Young, as it had been with Joseph Smith, and as it
always will be with those who delve beneath the surface of things
and obtain an insight into the spiritual mysteries of Mormonism. It
is an egregious error, and one that serves to show the ignorance of
those who sincerely cherish it, that in the sublime, far-reaching
scheme of this maligned and misunderstood religion, woman is
degraded or looked down upon. On the contrary, she is exalted and
revered, — not lifted above man, as in the impractical dreams of the
love-sick swain or over-devout enthusiast; for that is not her place
in the divine order of creation and development. Here and hereafter,
says Mormonism — reasserting the Pauline enunciation — man is the
head of the woman as Christ is the head of the Church; but even as
the members of that spiritual body are one, heirs of God and joint
heirs with Jesus Christ, so woman is one with man ; his partner, not
his plaything and slave, and wherever he reigns as king, she sits as
queen, through time and in all eternity. "It is not good that man
should be alone." " The man is not without the woman, nor the
woman without the man, in the Lord." It is a joint sceptre that
they sway even over realms supernal. "Our Father and Mother in
heaven" is as much a part of the Mormon creed as the sublime
declaration in Genesis that "God" created man in his own image; in
the image of God created he him ; male and female created he them."

832 HISTORY OF UTAH.

Marriage for eternity, endless increase, and the right of parents
enthroned in celestial glory to reign over their posterity forever, are
among the peculiar tenets embraced in Mormonism. Such were the
views of Joseph Smith and Brigham Young.

As early as March, 1842, in Nauvoo, Illinois, the Prophet,
feeling that his end was approaching, and that he must set in order
the affairs of the Church before he departed, took steps to show to
"the sisters" among the Saints their proper place in the great
organization which he had founded. It was then that he called into
existence the now mammoth organization known as the Relief
Society, composed exclusively of women, members of the Church of
Jesus Christ of Latter-day Saints. At that initial meeting, on the
17th of March, the Prophet stated to those present that "the
meeting was called for the purpose of making more complete the
organization of the Church by organizing the women in the order of
the Priesthood." Apostle John Taylor was temporary chairman,
and Apostle Willard Richards temporary secretary on the occasion.
Eighteen of the sisters were present when the Relief Society was
organized.* Among the duties enjoined upon its members were to
"provoke the brethren to good works, look after the needs of the poor
and perform charitable acts." They were to assist in correcting the
morals and strengthening the virtues of the community. It would
be in order, the Prophet said, for them to elect a president over their
society and let her choose two counselors to assist her, and they
should then preside over the society just as he and his counselors
presided over the Church. He would give them from time to time
such instructions as they might need. Emma Smith was chosen
president of the society, Sarah M. Cleveland and Elizabeth Ann
Whitney her counselors, Eliza R. Snow Secretary, Phoebe M. Wheeler

* They were Emma Smith, Martha Knight, Elvira A. Cowles, Sarah M. Cleveland,
Phoebe Ann Hawkes, Margaret A. Cook, Desdemona Fullmer, Elizabeth Ann Whitney,
Sarah M. Kimball, Elizabeth Jones, Leonora Taylor, Eliza R. Snow, Sophia Packard,
Bathsheba W. Smith, Sophia Robinson, Philinda Herrick, Phoebe M. Wheeler and
Sophia R. Marks.

HISTORY OF UTAH. 833

assistant secretary and Elvira A. Gowles treasurer. Such was the
inception of the Relief Society, the pioneer of all other organizations
among the Mormon women.

Though always prolific of good works, according to the spirit
and purpose of its creation, it was not until after the removal of the
Saints to the Rocky Mountains that the society found extensive
opportunities for the exercise of its benevolent functions. Among
the heroines gratefully remembered, whose deeds of kindness to the
sick and half-starved settlers of these mountain solitudes are
recorded in the archives of the society, and engraven in letters of
gold upon the memories of many of their survivors, are the sainted
names of Vilate Murray Kimball, Mary Ann Angell Young and
Elizabeth Ann Smith Whitney.

As early as 1851-2, the Relief Society had temporary organiza-
tions in several wards of Salt Lake City and surrounding places, and
in 1855 President Young called upon the bishops to organize a
branch society in each ward. He gave to Eliza R. Snow the mission
of assisting to establish them, and she, with her counselor, Zina D.
H. Young, and other earnest and indefatigable workers, lived to
perform a stupendous labor in this direction. As already shown,
the Relief Society, with Sister Snow at its head, was in thorough and
successful operation throughout Utah during the period when the
Cragin and Cullom bills were introduced into Congress. That those
measures failed to become law was doubtless due in part to the
spirited and united protest of the devoted sisters of the Relief
Society. But that event, as well as the next important one affecting
the women of Utah,— the conferring upon them of the elective fran-
chise,— has already been dwelt upon. What we now wish to mention
are those movements which took place during the closing years of
President Young — movements which he sanctioned and in some
instances directly inspired — reserving the general subject of
woman's work 'in Utah for future and more voluminous treatment.

Early in the year 1870, about the time that the Utah woman
suffrage bill, through the influence of President Young, was passed

834

HISTORY OF UTAH.

by the Legislature, Mrs. M. I. Home was given by him a mission to
organize what was termed the Retrenchment Association. This
mission inculcated, among other things, economy of labor and
reform in dress, its object being to lighten the duties of the over-
worked housewife and give the mothers and daughters among the
Saints more time to devote to mental and spiritual culture. Sim-
plicity of food, with plainness and modesty of attire, were among the
teachings enjoined. Practically the motto of this Association, so
far as pertained to matters of apparel, was: "Let your garments be
plain and the beauty thereof the workmanship of your own hands."
Mrs. Home, calling to her aid twelve branch presidents of the
Relief Society, began her mission at a preliminary meeting held at
her home in the Fourteenth Ward, Salt Lake City. It was there that
a committee of three ladies, namely, Sarah M. Kimball, Amelia Folsom
Young and Priscilla M. Staines were appointed to wait upon Acting-
Governor Mann and thank him for signing the bill conferring upon
the women of Utah the elective franchise. At a subsequent meeting
in the Fifteenth Ward Hall, the Retrenchment Association was organ-
ized, with the following named officers: President, M. Isabella Home;
Counselors, Eliza R. Snow, Zina D. H. Young, Margaret T. Smoot,
Phoebe Woodruff, Bathsheba W. Smith and Sarah M. Kimball.
This was its first general organization. The inception of the move-
ment, however, dates from the previous year. It was in the winter
of 1869, at the Lion House, President Young's residence, that he
called his wives and daughters together and gave them instructions
in economy and healthful living, deprecating the extravagance and
vanity that were becoming prevalent in the community. He desired
his daughters to set the example of reform, and fit themselves to be
wives and mothers, intelligent, useful and honorable members of
society. Said he: "Your time is all the capital that God has given
you, and if you waste that you are bankrupt indeed." President George
A. Smith and his wife Bathsheba were present on the occasion, and
the former also addressed those assembled. From this family meeting
went forth the inspiration of the retrenchment cause, and soon

a&. o/2-£^-v-«^> — /j/f^Cc--£i.

HISTORY OF UTAH. 835

afterward Mrs. Home was given the mission to which reference has
been made. The Retrenchment Association was subsequently merged
into the Young Ladies' Mutual Improvement Association.

The rise and rapid growth of the women's organizations among
the Latter-day Saints soon rendered it advisable that they should
publish a periodical through which to express their views and senti-
ments. Just who originated this idea is uncertain. It seems to have
been a more or less general feeling among the leading Mormon
women that they should have a magazine or some sort of publica-
tion as the organ of their societies. There is no doubt, however,
that the prime mover in the project was Edward L. Sloan, Esq., the
brilliant and progressive editor of the Salt Lake Herald. His
sentiments and those of the ladies in relation to the subject finally
led to the founding of the Exponent, with one exception the first
woman's paper published west of the Mississippi River.* It made
its appearance on June 1st, 1872, and is still issued as a semi-monthly. '
It was on President Young's birthday that the initial number came
forth, though this was due to chance and not to design.

The first editor of the Woman's Exponent was Miss Lula L.
Greene, now Mrs. Lula Greene Richards, wife of Levi W. Richards,
Esq., of Salt Lake City. The young lady, who was a grand-niece of
President Young, was a resident of Smithfield, Cache County, from
which place she removed to Salt Lake to begin her editorial labors.
Up to that time her literary experience had been confined almost
exclusively to the writing of verses for the local press, and it was
with a degree of trepidation, mingled with a firm resolve to "do her
best," that she entered upon her untried duties in the arduous and
responsible field of journalism.f

*The exception was the New North-West, edited and published hy Mrs. A. J.
Dunniway, at Portland Oregon. This paper was established in 1869.

f Editor Sloan, of the Salt Lake Herald, for which journal Miss Greene had written
some little poems, first suggested to her the idea of becoming editor of a woman's paper
to be called the Exponent. Subsequently President Young and Eliza R. Snow, with
whom the young lady communicated, warmly sanctioned the project, and the former
placed it upon her as "a mission."

HISTORY OF UTAH.

The second editor of the Exponent and the one who still
continues to preside over its destinies, is Mrs. Emmeline B. Wells,
who, from long association with the periodical, as well as from the
faithful and valiant service rendered by her pen through its
columns, will always be identified with its history. Her name will
never be considered even secondary in this connection. Mrs.
Richards' laurels as the pioneer lady journalist of the Rocky
Mountain region, are secure; equally so the bays of Mrs. Wells as
the tireless, earnest and devoted editor and manager of the Exponent
during the latter and much the longer portion of its career. She
is gifted with poesy, and the children of her muse are as numerous
as they are graceful and beautiful. Some day, in every home
in Utah, and in many outside the Territory, there shall be
found cherished among its literary treasures a volume of poems
bearing the name of Emmeline B. Wells as its author. Though
a native of New England, she has lived in Utah since the second
year of its settlement — 1848. She was then the wife of Presid-
ing Bishop Newel K. Whitney, with whom she emigrated from
Nauvoo and Winter Quarters. After his death in 1850, she married
General Daniel H. Wells. She became editor of the Exponent in
August, 1877, Mrs. Richards having resigned. For over two years
previously, however, she had been associated with that lady upon
the paper.*

The next movement of importance among the Mormon women
was the organizing of the young ladies under the title of the Young
Ladies' Mutual Improvement Association. This change was caused
by the adoption of a general plan for the organization of societies
among the young men of Mormondom.

At Salt Lake, Ogden, and other places in the Territory mutual
improvement associations and literary societies had existed for

* Not the least of Mrs. Wells' busy and multifarious labors was that assigned to her
by President Young in connection with "the grain-storing movement." This mission,
given to the Relief Society in October, 1876, in anticipation of an impending famine,
resulted in the storing of many thousands of bushels of grain by the women's organiza-
tions throughout the Territory.

HISTORY OF UTAH. 837

several years prior to 1875, but such institutions were not general.
Early in that year President Young called Elder Junius F. Wells to
proceed with the organization of the young men. On June 10th the
first Young Men's Mutual Improvement Association under the
general system inaugurated was organized in the Thirteenth Ward,
Salt Lake City. Its officers were: President, Henry A. Woolley ;
counselors, B. Morris Young and Heber J. Grant; secretary, Hiram
H. Goddard. Similar societies were formed in Salt Lake, Box Elder
and Washington counties by Elder Wells, who, toward the close of
the year, went east on a preaching mission. The First Presidency
then selected Elders John Henry Smith, Milton H. Hardy and B.
Morris Young to continue the work, and they effected ward organiza-
tions throughout the Territory. By the autumn of 1876, the move-
ment became universal in the Church, reaching to'its various foreign
missions. Its magnitude required a general controlling board of
officers for its judicious management, and on December 8th, 1876, a
Central Committee was organized as follows : President, Junius F.
Wells; counselors, Milton H. Hardy and Rodney C. Badger;
secretary, John Nicholson; assistant secretary, Richard W. Young;
corresponding secretary and reporter, George F. Gibbs; treasurer,
Mathoni W. Pratt.*

Immediately succeeding the formation of the young men's
societies came the rechristening of the young ladies' retrenchment
organization as mutual improvement associations. These, like the
institutions among the young men, were soon in operation wherever
the Saints were located—in Utah, Idaho, Arizona, Colorado, Wyom-
ing, Nevada, New Mexico, Canada, Mexico, the Sandwich and
Samoan Islands, and Great Britain and other European countries.!

A few weeks prior to his death President Young began the work
of conforming the Relief Societies to the order of the Stakes of

* In April, 1880, this committee was changed to a General Superintendency with
other officers.

f A central organization (or the Young Ladies' Mutual Improvement Associations was
effected in June, 1880.

838

HISTORY OF UTAH.

Zion. In this, however, he was only permitted to take the initiatory
step by organizing the Relief Society of Weber Stake. On the 19th
of July, 1877, he met with the branch societies of that section at
Ogden, and addressed a large assemblage of the women. Mrs. Jane
S. Richards, wife of Apostle Franklin D. Richards, was appointed
President of the Relief Societies in Weber Slake. Her counselor
were Mrs. Hattie C. Brown and Mrs. Sarah Herrick. To Weber
therefore, belongs the palm of having the pioneer stake organization
of the Relief Society, and the only one organized by President
Brigham Young.

The first volume of this work recorded the organization of the
pioneer Sunday School of the Territory, in December, 1849. It was
founded by Richard Ballantyne, now Superintendent of Sabbath
Schools in the Weber Stake of Zion. From that the institution of
these schools extended to various parts. The years 1864-5 wit-
nessed considerable activity in this line. In 1867, the necessity of
adopting a uniform system was discussed, and a meeting of Sunday
School workers was held at Salt Lake City on November 4th of that
year. It was not until August 9th, 1872, however, that a plan of
organization was decided upon. On that date a meeting of Sunday
School superintendents convened in the City Hall, at Salt Lake City.
It was presided over by that indefatigable worker, George Goddard.
At this meeting, Apostle George Q. Cannon — who was conduct-
ing the Juvenile Instructor as the organ of the Sunday Schools — was
elected General Superintendent of the Deseret Sunday School Union;
Edward L. Sloan was chosen secretary, and George Goddard and
Robert L. Campbell corresponding secretaries. The first statistical
report of the Union was made in 1872, at which time there were 190
schools, with 1,408 teachers and 13,373 pupils.*

As stated, President Young, during the closing years of his life,

* In 1891 the report gave 481 schools, 9,004 teachers and 60,023 pupils. This
did not include 76 schools, with 4,312 pupils, also under the supervision of the Union
board, in the Northwestern States, Canada, Mexico, Great Britain, Switzerland, Germany,
Scandinavia, New Zealand, and the Sandwich and Samoan Islands.

''if '

</.

HISTORY OF UTAH. 839

sought to be relieved of some of the official burdens which he had
borne so long, and the weight of which, after he passed his seven-
tieth year, began to be oppressive. At the annual conference of the
Church in April, 1873, he resigned the office of Trustee-in-Trust,
which he had held for about twenty-five years, and President George
A. Smith, his first counselor, who was then absent on his Palestine
tour, was chosen to succeed him in that position. At the same time
the following named Elders were elected assistant trustees to Presi-
dent Smith: John Sharp, Joseph W. Young, John L. Smith, Le
Grand Young, Elijah F. Sheets, Joseph F. Smith, Moses Thatcher,
John Van Cott, Amos M. Musser, James P. Freeze, F. A. Mitchell and
Thomas Taylor. President Young stated at this meeting, which was
held on Wednesday, April 9th, and was the closing one of the con-
ference, that he then had two counselors to aid him as President of
the Church and that he purposed selecting five more. It was his
privilege, he said, to have seven of the brethren to act in that
capacity.* Accordingly, in addition to his two counselors — Presi-
dents George A. Smith and Daniel H. Wells — five others were
nominated and sustained as follows : Lorenzo Snow, Brigham
Young, Jr,, Albert Carrington, John W. Young and George Q.
Cannon.

The Forty-fourth annual conference of the Church convened at
Salt Lake City on the 6th of April, 1874. President Young and
other leading authorities were absent in the south, where on March
31st they had engaged in the ceremony of laying the corner-stone of
the St. George Temple. President Wells presided at the conference.
The congregation was addressed by Apostle Orson Pratt, who in his
discourse sounded the keynote of an important movement about to
be reinaugurated among the Saints— the organization of the United

* At a conference held at Kirtland, Ohio, September 3rd, 1837, four additional coun-
selors were chosen to assist the First Presidency. They were Oliver Cowdery, Joseph
Smith, Sr., Hyrum Smith and John Smith. These four, together with the first three
Presidents— Joseph Smith, Jr., Sidney Rigdon and Frederick G. Williams— were " to be
considered the heads of the Church."

840

HISTORY OF UTAH.

Order.* At the conclusion of the discourse, on motion of President
Wells, the conference adjourned until Thursday, May 7th.

President Young and party arrived at Salt Lake City from St.
George on the 20th of April. On his route from south to north he
had organized the people into the " United Order of Zion." Said
he: "Our object is to labor for the benefit of the whole ; to retrench
in our expenditures; to be prudent and economical; to study well
the necessities of the community, and to pass by its many useless
wants; to study to secure life, health, wealth and union."

On April 26th the Order was the theme of discourses by
Presidents Young and Smith at the Tabernacle in Salt Lake City,
and on the 29th a branch organization was effected in the Twentieth
Ward, with Bishop John Sharp as president. At the adjourned
conference on May 7th, President Young requested the speakers to
address themselves to this subject — a request of which all were
mindful. A general organization was effected at the conference on
the afternoon of Saturday, May 9th.f Following this action of
the General Conference, organizations were formed in all the wards
of the Church.

* See Chapter VI., Vol. I.

f The officers elected were as follows :

President of the United Order in all the world wherever established — Brigham
Young.

First Vice-President — George A. Smith.

Second Vice-President — Daniel H. Wells.

Assistant Vice-Presidents — Orson Hyde, Orson Pratt, Sr., John Taylor, Wilford
Woodruff, Charles C. Rich, Lorenzo Snow, Erastus Snow, Franklin D. Richards, George
Q. Cannon, Brigham Young, Jr., Joseph F. Smith, and Albert Carrington.

Secretary — David McKenzie.

Assistant Secretaries — George Goddard, David 0. Calder, Paul A. Schettler, James
Jack, and John T. Caine.

General Book-keeper — Thomas W. Ellerbeck.

Treasurer — George A. Smith.

Assistant-Treasurer — Edward Hunter.

Board of Directors — Horace S. Eldredge, John Sharp, Feramorz Little, Moses
Thatcher, John Van Colt, James P. Freeze, Henry Dinwoodey, Thomas Taylor and Elijah
F. Sheets. The presidents of branches in the various wards were also included in the
general board of directors.

V
in

5
X
o

HISTORY OF UTAH. 841

In the death of President George A. Smith, on September 1st,
1875, President Young was called upon for the second time to part
with a First Counselor in the Presidency. At the time of his demise
he was not an aged man— being in his fifty-ninth year. His health
had not been good for more than a year, but the immediate cause of
death was traceable to a severe cold, contracted early in March, 1875,
while he was at St. George. This had developed lung trouble, which
steadily encroached upon him, notwithstanding his determined and
persistent efforts to shake it off. At no time during his last illness
was he unable to dress himself and move from room to room. On
the morning of his death he arose, dressed himself, and walked from
his bedchamber to a front apartment, and took his seat in a chair.
The call to the spirit world came suddenly. There was no struggle.
He drew two long breaths, his body straightened, and his head sank
into the arms of his wife. A pure and noble soul had passed
from mortality.

From his boyhood President Smith had been actively engaged in
public life. He possessed a bright intellect and wonderful powers of
memory. Frank, genial and unassuming in his manner, he was also
fearless in his advocacy of right. His public addresses were models
of terseness and brevity.

At the funeral services, on September 5th, President Young
controlled his grief until the choir began the last hymn, when he
could restrain himself no longer, and gave way to tears. With their
President, the whole Mormon people mourned the death of a beloved
Apostle.

On Thursday, April 6th, 1876, the forty-sixth annual conference
of the Church convened at Salt Lake City, and occupied four days.*

* A disaster of an exceptional nature occurred at Salt Lake City the day before the
opening of this conference. It was the explosion of forty tons of blasting and gunpowder
stored in four stone magazines located on the crest of Capitol Hill. At twelve minutes to
five o'clock, on the afternoon of April 5th, the inhabitants of the city and vicinity were
startled by two terrific reports, which came almost simultaneously. After the lapse of a
few seconds there were two other distinct convulsions, equally deafening. In a moment
missiles whistled and tore through the air over almost the entire area of the city, while

58-VOL. 2.

842 HISTORY OF UTAH.

The principal theme at this conference, as at that in October follow-
ing, was temple building. The response of the Mormon people to
these instructions was a liberal contribution of means for hastening
to completion the sacred edifices then in course of erection.
Through the efforts put forth this year, President Young was
enabled, on New Year's Day, 1877, to dedicate part of the first
temple erected in Utah — that at St. George. The building was not
wholly completed, but portions were prepared for use in performing
certain sacred ordinances. At noon on January 1st, President
Young, with Apostles Wilford Woodruff, Erastus Snow and Brigham

the concussion was so great that houses tottered and trembled, roofs, walls and ceilings
were rent, thousands of windows smashed, and hundreds of persons prostrated on the
ground. Consternation seized upon the people until the nature of the catastrophe was
ascertained. Fortunately this did not take long ; for the dense volume of smoke hovering
fora brief time over the spot where the magazines had stood, indicated what had hap-
pened. The explosions were distinctly heard and felt at Farmington, fifteen miles north,
and even caused the vibration of buildings at Kaysville, five miles farther on. There were
four fatalities — two of them being Charles Richardson and Frank Hill, boys about eighteen
years of age, who were seen near the magazines just before the explosion, and pieces of
whose mangled bodies were subsequently found at different places ; another was Mrs.
Mary Jane Van Natta, who was in the act of drawing water from a well in the Nineteenth
Ward when she was struck in the back with a rock and instantly killed ; the fourth was a
little son of James Raddon, who was playing with a number of children in the northwest
part of the Twentieth Ward when a flying rock hit him in the left breast, causing instant
death. Besides this, there were a number of persons injured, some severely, and a great
many suffered from nervous prostration. The damage to property was extensive, very
few houses in the city escaping injury, while many were nearly wrecked. That the list
of casualties was not far greater was due to the elevated positions of the magazines.
Since that period, however, no storehouses of that nature are permitted in such dangerous
proximity to the city. Of the four buildings, one was owned by the Hazard Powder
Company, and contained ten tons of powder ; two belonged to the Santa Cruz and Oriental
Company, with fifteen tons ; and one to the Dupont Company with fifteen tons. The ex-
plosive was chiefly blasting powder. At an inquest the jury found that the "explosion was
caused by loose powder strewed in the vicinity of the'magazines being ignited by a burning
paper wad from a shot gun, supposed to have been fired immediately preceding the explo-
sion; also that no blame can be attached to any person or persons, the explosion being purely
accidental." This finding was on the assumption _that either Hill or Richardson, who
were seen with a shot gun, had fired the weapon when passing near the magazines. The
generally accepted view, and that expressed by the newspapers, was that the cause was
spontaneous combustion in some of the giant or hercules powder stored in the buildings.

'.-. ': ,

HISTORY OF UTAH. 843

Young, Jr., assembled within the walls of. the Temple and proceeded
with the ceremonies of the occasion.

When the general conference which convened at the Salt Lake
Tabernacle in October, 1876, adjourned, it was to meet in the St.
George Temple on the 6th of April, 1877. Accordingly, on the
morning of that day the conference was formally opened. Of the
leading authorities of the Church there were in attendance President
Young, his two Counselors, John W. Young* and Daniel H. Wells,
eleven of the Apostles, the Patriarch and the Presiding Bishop.
The prayer completing the dedication of the Temple was offered by
President Wells. President Young briefly addressed the people at
five of the six meetings of the conference, which was adjourned to
meet at Salt Lake City in the following October. The President,
however, never attended another general conference of the Church.f

The second day of the April conference at St. George witnessed
the beginning of an important work connected with the closing
labors of President Young. It was the initial step in the more
thorough organization of the various Stakes of Zion. The first to
be set in order was the St. George Stake, and after that the others

throughout the Church.J

Bancroft Library

* John W. Young was sustained as First Counselor to President Brigham Young on
October 7th, 1876.

f While on the return journey to Salt Lake the President and his counselors stopped
at Manti, Sanpete County, for the purpose of consecrating a temple site. This ceremony
was performed at noon on Wednesday, April 25th, President Young offering the prayer
and breaking the ground for the foundation. Through Beaver County the party were
accompanied by a guard of about twenty-five young men. This precaution was deemed
necessary because of threats said to have been made against the President's life by the
sons of John D. Lee. At Logan, on May 18th another temple site was dedicated, the
prayer being offered by Apostle Orson Pratt. President Young, on that as upon the
previous occasion, gave instructions that the temples at Manti and Logan should be
speedily pushed to completion. At the»same time, under his direction, work was being
vigorously prosecuted on the Salt Lake Temple.

J Following is a list of the presiding officers of the several Stakes, with the dates of
their organization, just prior to the Presidenfs death :

April 7th. — St. George Stake (reorganized): John D. T. McAllister, President;
homas J. Jones and Henry Eyring, Counselors.

844 HISTORY OF UTAH.

The last time that President Young addressed a public assem-
blage of the people was on Sunday afternoon, August 19th, at Brig-
ham City. The occasion was the organization of the Box Elder
Stake of Zion. Aside from the particular business which took him

April 17th and 18th. — Kanab Stake : L. John Nuttall, President ; Howard 0.
Spencer and James L. Bunting, Counselors.

April 23rd. — Panguitch Stake: James Henrie, President; George W. Sevy and
Jesse W. Crosby, Jr., Counselors.

May 12th and 13th. — Salt Lake Stake : Angus M. Cannon, President ; David 0.
Calder and Joseph E. Taylor, Counselors.

May 21st. — Cache Stake: Moses Thatcher, President; William B. Preston and
Milton D. Hammond, Counselors.

May 25th and 26th. — Weber Stake (reorganized) : David H. Peery, President ;
Lester J. Herrick and Charles F. Middleton, Counselors.

June 4th. — Utah Stake (reorganized) : Abraham 0. Snioot, President ; David John
and Harvey H. Cluff, Counselors.

June 17th. — Davis Stake : William R. Smith, President ; Christopher Layton and
Anson Call, Counselors.

June 24th and 25th. — Tooele Stake: Francis M. Lyman, President; James Ure and
William Jeffries, Counselors.

July 1st. — Juab Stake (reorganized) : George Teasdale, President ; Joel Grover and
Kanud H. Brown, Counselors.

July 1st. — Morgan Stake : Willard G. Smith, President ; Richard Fry and Samuel
Francis, Counselors.

July 4th. — Sanpete Stake: Canute Peterson, President; Henry Beal and John B.
Maiben, Counselors.

July 8th and 9th.— Summit Stake: William W. Cluff, President; Goerge G. Snyder
and Alma Eldredge, Counselors.

July 14th and 15th. — Wasatch Stake: Abram Hatch, President; Thomas H. Giles
and Henry S. Alexander, Counselors.

July 15th. — Sevier Stake (reorganized): Franklin Spencer, President ; Albert K.
Thurber and William H. Seegmiller, Counselors.

July 21st and' 22nd. — Millard Stake (reorganized): Ira N. Hinckley, President;
Edward Partridge and Joseph V. Robison, Counselors.

July 25th and 26th. — Beaver Stake (reorganized): John R. Murdock, President ;
John Ashworth and Marquis L. Shepherd, Counselors.

July 29th. — Parowan Stake : William H. Dame and Jesse N. Smith, temporary
Presidents.

August 19th. — Box Elder Stake: Oliver G. Snow, President; Elijah A. Box and
Isaac Smith, Counselors.

August 25th and 26th. — Bear Lake Stake (reorganized): William Budge, President -r
James H. Hart and George Osmond, Counselors.

o
ca

HISTORY OF UTAH. 845

there, he gave the Saints special instructions regarding their duties in
partaking of the Sacrament, and in training and educating their chi -
dren to lives of purity and usefulness. He also strongly urged such
co-operative action as would make the community self-sustaining in
all its temporal interests.

Four days later — Thursday, August 23rd— he was seized with
symptoms of cholera morbus. He continued to attend to his duties,
however, and in the evening was present at a Bishop's meeting in
the Council House at Salt Lake City.* About 11 p. m. a violent
attack of nausea, added to the earlier symptoms, came on, continuing
until daybreak. The pain was intense, but he endured it with char-
acteristic patience and fortitude. On the afternoon of Saturday, the
25th, inflammation of the bowels set in, followed on Monday by
extreme nervous prostration. Next day artificial respiration was
resorted to for nine consecutive hours, and he seemed greatly
revived. In the evening partial prostration again ensued, and his
attendant physicians — Drs. Seymour B. Young, J. M. Benedict, W. F.
Anderson and F. D. Benedict — considered his case as exceedingly
critical. Wednesday morning indications of approaching dissolution
were plainly evident, and his family were summoned to his bedside.
The patient spoke occasionally when addressed by those around him,
and though at times in a semi-unconscious state, retained sensibility

* The President addressed the Bishops on this occasion, dilating upon their duties,
with those of Priests and Teachers, and urging them to faithfully perform the sacred tasks
allotted them. After the meeting he appointed the following named committee to superin-
tend the removal of the Old Tabernacle and the erection in its stead of another building
for similar purposes: George Goddard, Henry Grow, William Asper, Thomas Taylor and
Edward Brain. The result of their labors was the handsome and stately edifice known
as the Assembly Hall.

The same night, after returning home to the Lion House, President Young, after fam-
ily prayers, held a conversation with Eliza R. Snow upon the project of sending several of
" the sisters" — his daughters Zina and Susa included — to the eastern states to lecture on
Mormonism. This was the last conversation held with him prior to his taking to his bed
never again to rise. Said he in conclusion, "Well, it's an experiment, but it's an experi-
ment I would like to see tried." Then, taking his candle, he added : " I think now I
shall go and take my rest."

846

HISTORY OF UTAH.

to the close. His last distinct words were : "Joseph, Joseph, Joseph,
Joseph," followed by other expressions that were not understood.
They referred, however, to the Prophet. At four o'clock in the .after-
noon of Wednesday, August 29th, the immortal spirit of Brigham
Young passed from its earthly tabernacle.

The profound sorrow which rested like a pall upon the Latter-
day Saints in all the world when it became known that their honored
and beloved leader was no more, is a theme that must be left largely
to the reader's imagination. As Israel mourned for Moses, so the
Mormon people mourned for Brigham Young.

A few minutes after eight o'clock on the morning of Saturday,
September 1st, the mortal remains of Utah's founder were conveyed
by bearers, followed by male members of his family, several of the
Apostles and others, from the Lion House to the Tabernacle, which
had been appropriately draped for the funeral services. The coffin
containing the body was encased in a metallic covering, in which was
inserted a plate glass of sufficient size to admit of a view of the
departed. The whole was tastefully draped with white and wreathed
with flowers. At 10 : 30 a. m. the gates of the Temple Block were
thrown open, and the crowds of anxious people who had gathered
to obtain a last glance at the features of their revered, leader, gained
ingress to the Tabernacle enclosure. For the next twenty-five hours
— the great building being kept open all night — a continuous stream
of living humanity passed through, nearly twenty-five thousand
people taking a farewell look at the face of the dead.

Calm and beautiful was the Sabbath morn of September 2nd,
1877. In the Tabernacle the family of the deceased, his Counselors,
the Apostles, and other officers of the Priesthood, with the general
public, occupied places assigned to them in the arrangements for the
funeral. The vast building was entirely filled, all available standing
room in the aisles and doorways being taken up. About twelve
thousand people were within the building, and thousands of others,
unable to gain admission, remained in the Tabernacle grounds.
During the assembling of the congregation the orchestra and great

HISTORY OF UTAH. 847

organ poured forth the solemn strains of "The Dead March in
Saul," "Brigham Youngs Funeral March"— composed by the
organist, Joseph J. Daynes— " Wilson's Funeral March," and "Men-
delsohn's Funeral March."

Precisely at noon the assemblage was called to order by Apostle
George Q. Cannon, who, at the request of the family, conducted the
services. The Tabernacle Choir of two hundred and twenty voices,
led by Professor George Careless, sang " Hark ! from afar a funeral
knell." The opening prayer, offered by Apostle Franklin D. Rich-
ards, was followed by the hymn, "Thou dost not weep to weep
alone." The speakers on the occasion were President Daniel H.
Wells and Apostles Wilford Woodruff, Erastus Snow, George Q.
Cannon and John Taylor. These addressed the people in the order
named. They expressed the sentiments of sorrow that pervaded the
hearts of the whole Mormon community, yet exhibited a calm resign-
ation to the Divine will, and an unwavering confidence in the eternal
power and destiny of the cause they had espoused. Apostle Cannon
prefaced his remarks by reading some instructions left by President
Young respecting the disposition of his earthly remains. The
behests were faithfully fulfilled. A funeral hymn, composed for the
occasion by Elder Charles W. Penrose, was sung by the choir, and
the services at the Tabernacle closed with prayer by Elder Orson
Hyde. The choir sang the hymn, " Unveil thy bosom, faithful tomb,"
while the funeral procession formed in the following order:

TENTH WARD BAND.

GLEE CLUB,

TABERNACLE CHOIR,

PRESS REPORTERS,

SALT LAKE CITY COUNCIL,

PRESIDENT YOUNG'S EMPLOYES,

PRESIDENT JOSEPH YOUNG, BISHOP PHINEAS H. YOUNG, BISHOP LORENZO D. YOUNG,
AND ELDER EDWARD YOUNG, (PRESIDENT BRIGHAM YOUNG'S BROTHERS).

THE BODY,

BORNE BY CLERKS AND WORKMEN OF THE DECEASED, WITH NINE OF THE TWELVE
APOSTLES AND THE PRESIDING BISHOP AS PALL BEARERS,

848

HISTORY OF UTAH.

IMMEDIATELY FOLLOWING THE BODY, THE COUNSELORS OF PRESIDENT BRIGHAM YOUNG,

THE FAMILY AND RELATIVES,
PATRIARCH OF THE CHURCH, -
FIRST SEVEN PRESIDENTS OF SEVENTIES,

PRESIDENCY AND HIGH COUNCIL OF THE SALT LAKE STAKE OF ZION,

VISITING PRESIDENTS, THEIR COUNSELORS, AND HIGH COUNCILS OF VARIOUS STAKES OF ZION,

BlSHOPS AND THEIR COUNSELORS,
HIGH PRIESTS,

ELDERS,
LESSER PRIESTHOOD,

SEVENTIES.
THE GENERAL PUBLIC.

The cortege then moved to the private cemetery of the deceased,
where the body was placed in the vault prepared for it. Eliza R.
Snow's beautiful invocation, "0 my Father, Thou that dwellest,"
was sung by the Glee Club, under the leadership of Professor Charles
J. Thomas ; the prayer dedicating the grave was offered by Apostle
Wilford Woodruff, and the most impressive funeral ever conducted
in Utah was concluded.

So passed from off the stage of mortal life a mighty actor in the
drama of human history. In so saying the author disclaims all
desire or design to heap fulsome praise upon the subject of his
eulogy. Futurity, that crucible for the present and the past, will
vindicate these words and furnish full warrant for their utterance.

Greatness is not a matter of mere altitude. Notoriety is not its
synonym. The highest seats in the synagogue hold not always the
brightest and the best. Washington, at the head of a few ragged
regiments, fighting for freedom, was greater than the British king
whose despotic power and formidable armies he opposed. Bona-
parte, the patriot soldier, beating back the foes of France from her
invaded borders, was greater than Napoleon, the tyrant emperor,
with all Europe prostrate at his feet. The throne of Augustus
Caesar was lower than the manger of the Babe of Bethlehem.

Greatness depends not upon human recognition. It has taken
nigh two thousand years to convince a mere minority of our race
that the Nazarene who died on Calvary was more than one of many

a
t

HISTORY OF UTAH. 849

imposters who have sought to mislead mankind,— or at all events
that he was more than human. Because His own received Him not,
was He therefore any less the Son of God? "If the popular breath
should damn the sun in his meridian glory, dost think his beams
would fall less brightly ? " Greatness is a thing of fact, independent
of reputation, good or evil.. Like Truth, its parent, IT is, and cannot
be blotted out by what men think and say. Greatness is largeness,
but it is the largeness of the soul, and not of the body, of the mind
and heart, and not of the mortal frame. Mahomet was greater than
the Mountain.

That Brigham Young was great, the world, in part, already
allows. How great, is yet to all men a mystery. To solve it one
must needs comprehend the man and his mission. The world does
not do that today. "No man can write my history," said Joseph
Smith. The same is true of his successor. No human pen need
hope to "tell it all" in relation to either. Enough is known, how-
ever, to place them among the great; and the day cometh when all
shall know them — know them for what they were, and are, and not
for what men say of them. That day shall inscribe among earth's
mightiest ones the name of him of whom it has been written:

He loved his people ; their high destiny
Will be a monument to Brigham Young.

INDEX.

Anderson, Dr. W. F. 845

Anti-Polygamy Law of 1862 59

" " Its Repeal asked

lor by Utah
Legislature 173
" Its Kepeal asked
(or by Women
of Utah 739

" Its Constitution-
ality Passed
Upon 774

Appleby, Wm. P. 386, 536, 626

Arizona, Mormons Exploring in 715

Ashley, James M., Visits Utah 137

" Proposes to Partition the

Territory 140

Assassination of President Lincoln, Feeling

In Utah 118

Assault upon Salt Lake City Jail 719

Atkin, Hon. George 754

Auerbach, F. 165

Axtell, Samuel B. 303, 414

" Governor of Utah 732

Babcock, O. E., Tour of Inspection and

Report 148, 496

" Visits Utah with President

Grant 777

Baker, C. W., Witness at Investigation of Rob-
inson Murder 664
" Confesses to Perjury 670
" Prosecuted for Perjury 672
Banks, John 49, 57, 768
Barnum, Gen. E. M. 694
Barratt, Charles R. 154, 270
Barrows, Walter M., 316
Baskln. Robt. N. 434, 523, 563, 578, 581, 602,

612, 623, 628, 634, 639
" " Appointed U. S. Attorney

by Judge McKean 567

" " Illegally Applies Territorial

Statute to Polygamists 592
" " Prosecutes at first Lee Trial 789

Bates, George C., U. S. District Attorney,

546,567, 650
" Reviews Judge McKean's

Administration 546

" Corresponds with Attor-
ney-General Akerman'and
others 653

" Contests with Judge Mc-
Kean at Washington 677
" •' Interviewed by Chicago

Post's correspondent 678

" " Superseded in Office 731

" Attorney for Colonel Ricks 773

" " Contempt Case 786

Baum, J. J. 592

Beadle, J. H. 631, 635

Bear River Battle 78

Bear River City Burned 389

Be'atie, H. S. 18, 292

Beatie, W. J. 293

Beaver County, Settlement of

Beaver Syuare- Dealer 804, 825

Beckwith, C. C. 536, 538

Beesley, Ebenezer 108, 263

Benedict, Drs. J. M. and F. D. 845

Bennett, Ashael 791

Benson, Ezra T. 39, 172, 245, 250, 261, 497

Bernhisel, John M. 58, 131, 258, 427

" " Representative to Congress

from Deseret 40

" " Re-elected Delegate to

Congress from Utah 42

" " Vice-President Z. C. M. I. 282

Binder, Wm. L. 27, 206

Bishop, W. W. 788, 805, 821

Black, George A. 520, 526, 625

" " Secretary of Territory 523, 530

" " Acting- Governor 526

" " Forbids Militia to Engage

In Celebrating Indepen-

dence Day 532

Black Hawk, Indian Chief 191, 213

Black Hawk Indian War 173, 187

" " «' " Cost of 209

Elaine, Speaker James G. In Utah 709

Blair, Seth M. 39, 247

" Associate Justice of Deseret 42

" Territorial Prosecuting Attorney 164

Ely the, John L., Arrested on a Charge of

Murder 663

" " " Liberated

Boreman, Judge Jacob 8. 732

» " " (' Presides at Trial

of John D. Lee,

786,805

Bostwick, G. W. 644, 696

Boukofsky, Nelson

Boundary Lines of Territory Changed 18, 21, 22
Bourne, George E.
Brasher, John, Arrested on a Charge of

Murder 663

" " Discharged 670

Brassfleld, S. Newton, Killing of 143, 374

Brocchus, Perry E. 873,860

Bross, Wm., with Colfax Party 121, 137

Brough, George

Brown, Charles 293

Brown, Francis A.
Brown, L. A.

Buell, D. E. 274, 530, 608, 629, 695

Bullock, Isaac 285

Burt, Alexander, Arrested on Charge of

Murder 663

" " Discharged and Re-ar-

rested 670

" " Liberated 689

Burt, Andrew in Black Hawk War
» " Arrested for Engaging In

Militia Drill 527

" " Chief of Police, in Engelbrecht

Case 561

" " Chief of Police, In Election

Riot 746

Burton, Robert T. 26, 100, 116, 1|U« ^

" " " Guards Mall Route 43

" " " Commands Posse In

"Morrislte War" 54

" " " U. S. Collector of Inter-

nal Revenue 104

<< " " Mator-General in Militia,

1H5, 496

Councilor, Salt Lake City 304

Butterwood, Thomas
Bywater, G. G.

285- 709

852

INDEX.

Caine, John T. 35, 534, 608

Managing Editor Salt Lake

Herald 520

Calder, David O. 70, 260, 296

" " " Treasurer State of Deseret 42
it ii i< Treasurer Z. C. M. I. 282

" " " Secretary Z. C. M. I. 291

" " " Regent University of

Deseret 295

Calder, William 181, 608

Call, Anson 244

Callister, Thomas 89, 301

Camomile, D, 27, 361

Camp Cameron, Establishment of 718

Campbell, Robert 34, 385

" " Recorder Salt Lake City

123, 560

Campbell, Robert L. 39, 281, 297, 427

" " " Regent University of

Deseret 295

" " Territorial Superinten-
dent of Common

Schools 299

Cannon, Boman, U. S. Deputy Marshal 766

Cannon, Elizabeth H. 404

Cannon, George Q. 58, 117, 131, 172, 185, 233,
260, 284, 301, 427, 534, 536,

595, 603, 608. 612
" " " Senator from State of

Deseret 42

" " " Editor Deseret News and

Juvenile Instructor 184
" " " Director Z. C. M. I. 282

•' " " Called on Jury Venire 585

" " " Arrested lor Living with

Plural Wives 593

" " " In Constitutional Conven-

tion of 1872 695

" " " Political Errand to Wash-

ington 704

" " " Elected Delegate to Con-

gress 729

" " Indicted for Polygamy 774
" " " Welcomes President Grant

to Utah 776

Cannon, Rosina M.
Careless, George

Careless, Lavinia 180

Carey, William 311

" " U. S. District Attorney 731,

771, 782, 790

Carlson. August W., Treasurer Z. C. M. I. 291, 293

Carrington, Albert 39, 89, 452, 714

" " Chancellor University of

Deseret 295

" " Ordained an Apostle 497

Carson County Citizens Elect Governor and

Legislature

Carter, J. M. 433, 438, 623

Casper, Win. W. 182

" " In Black Hawk War 197

Chetlain, A. L., U. S. Assessor of Internal

Revenue
Chicago Commercial Party in Utah 304, 321

" Fire, Relief Meeting Called
Chisholm, Emma
Chisholm, Robert B.
Chisholm. William W.

Chislett, John 824, 523

Churches, Non-Mormon
Church of Jesus Christ of Latter-day Saints,

Act Disincorporating
"Church of Zion"
Citizens in Mass Meeting Condemn GOT.

Harding

" and Soldiers, Bitter Feelings Between 97
" Mass Meeting Regarding Pacific Rail-
way
" in Mass Meeting Petition Congress for

a State 301

" Ma;s Meeting on Cullom Bill 427

Citizens and Gentile League of Utah 728

Civil War, Utah During the 25, 30

Clagett, W. H, 732, 733, 737

Clark, John 385

" " In Black Hawk War 196

" " ' Treasurer Z. C. M. I, 291

Clark, John A., U. S. Surveyor- General 258,

308,309

Clawson, Hiram B. 151, 286, 585, 595

Manager Salt Lake Theatre 35
" Church Emigration Agent 183

" " Adjutant - General Utah

Militia 195, 497, 499

" Reports Black Hawk War

to War Department 209
" " Superintendent Z. C. M. I.

287, 639

Clawson, Spencer 292

Clayton, William 70,88,172.281

" Auditor of Public Accounts

for Deseret 42

" Secretary Z. C. M. I. 282

" " Auditorof Public Accounts

for Utah 544, 568

Clements, C. C., Register U. S. Land Office 309
Clinton, Jeter 26, 96, 117, 301, 327, 385, 565

" " Holds Inquest over Dr. Robin-
son 154
" " Issues Order for Abatement of

Engelbrecht Saloon 561

" " Threatened by a Mob 747

" " Defendant in Case of Flint v.

Clinton 767

" " Cruelly Treated in Peniten-
tiary

Clowes, John C., Instructor in Telegraphy 171

Colfax, Schuyler, in Utah 121, 306, 320

" " Second Visit to Salt Lake

City 327

" " Interviews Leading Godbe-

ites 333

" " Makes Anti - Polygamy

Speech 335

Colorado Territory Organized out of Utah
Congregational Church Established 311

Congress and Anti-Mormor Legislation 59,

175, 210, 391, 395, 408, 732
Congressional Ways and Means Committee

Visit Salt Lake 303

Connor, P. E., Comes to Utah 73, 117, 270,

313, 324, 498, 523, 629
" " Issues a Proclamation
" " Locates Fort Douglas
" " Defeats Indians at Bear River 78
" " Appointed Brigadier General 81
" " His Plan to Reconstruct Utah 110
« " Refuses to Aid Settlers

Against Indians 189

" » "Father of the Liberal Party"

373, 389

" " Appointed by Gov. Shaffer
Major General of Militia

497, 544

" " Telegrams of to President
Grant and President Young
on Completion of a Tele-
graph Line to Pioche 610
'• " Offers to Become President

Young's Bondsman 65S

Constitutional Convention, 1862

" " 1872 691, 694

Co-operative Stores Organized 276

Corinne 269, 389

Cotton Crop, First in the Territory
Counselors to President Young
Counties, Boundaries of Denned Anew
Couzins, Miss Phoebe "1*

Cradlebaugh, Judge 21, 6C

Cragin Bills, The 391, 395, 439

Creer, William
Orlsmon, George
Crosby, H. R., Associate Justice

INDEX.

8o3

Cross, Jerome B., U. 8. Deputy Marshal 789. 804
Cullom Bill, The 325, 391, 405, 439, 612, 614

" " Protests Against 895, 427, 433

Cuunington, John 384

Curtain, The 184

Dame, William H. 301

" Indicted for complicity In
Mountain Meadows Mas-
sacre 783
" Indictment Against, Dis-
missed 822
Daynes, Josepn J. 180
Davis, M. H. 181, 207
Dawson, John W., Governor 25
" Disgrace and Retirement of 37
Deadlock In District Court 569. 573
Delano, Secretary C. H., Visits Utah 707.
DeLong, Charles, E., U. S. Japanese Min-
ister, Visits Utah 693
Democratic Party, First Utah Organization of 705
Deseret Alphabet 296
Deseret Evening News 184
Deseret Musical Association 70
Deseret Sunday School Union 838
Deseret Telegraph Line Constructed 168
First Message Over 171
" " Pioneer Operators on 172
" Extended 199, 300, 610
De Trobriand, R. 557, 625
In Command at Camp Doug-
las 493
" Leuer to Gov. Shatter on

Prove Raid 514

" Called on to Prevent Parade

of Militia 533

Dewey, Albert P. 181

' • in Black Hawk War

Dinwoodey, Henry 693

"Diogenes" 361

Documents in Evidence at Lee Trial 808, 811,

812, 814, 816

Doniphan, General A. W. 709

Doremus, Henry I., Regent University of

Deseret 295

Doty, James D., Superintendent of Indian

Affairs 25, 70

» " Governor 103, 116

" " Death of 136

Dougall, Wm. B., Superintendent Deseret

Telegraph 172

Douglas, Camp, Located 77

" " Militia Officers Imprisoned at 529

" " Mayor Wells and Others Im-

prisoned at 638

Drake, Thomas J., Associate Justice 70, 137, 310
<< " His Enmity toward the

People 83

" " Requested by Citizens to

Resign

Dunbar, Wm. C. 33, 132

" " Founder Salt Lake Herald 383

Durkee, Charles, Governor 141, 258, 309, 310

Eardley, John, 27, 128

East, Wilmarth
Eddington, William

Eldredge, Horace S. 23, 39, 151, 28

" « Director Z. C. M. I.

" " President Z. C. M. I. 288

Ellerbeck, T. W. 35, 209, 244

Emerson, Judge Philip H. 732, 769, 774

Emery, George W. Governor of Utah 775

Emigrants, Bringing of Mormon from

Europe
" First Company by Steam from

Europe
Emma Mine

Empey, Nelson A. 244, 292

Engelbrecht & Co's Liquor Establlshm-nt

Abated 505, 560

" " Case, Judge McKean's

Decision in 558, 563, 618
" " Jury Challenged in. 562

" " Trial and Verdict in 565

" " U. 8. Supreme Court

Decision in 681

Ephraim Fort Raided by Indians 191

Episcopal Church Established 318

Evans, David W. 233,259,301,427

Explosion on Capitol Hill 841

Exponent, The Woman's 402, 835

Fair, Territorial, of 1869 801

Farr, Judge Aaron F. 39, 247

" " Report of Conversation

with John D. Lee re-
specting Mountain
Meadows Massacre 808
Farr, Aaron F. Jr., Superintendent Z. C. M.

I., Logan
Farr, Lorin 39, in. 245, 250, 261

" " Mayor of Ogden

Faust. H. J. 244

Felt, Joseph H. 45, 181

Felt| N. H. 66, 120, 131

Fennamore, James, Arrested for Participat-

ing in MUitia Drill 527

" " At Execution of John D.

Lee 827

Field, Hon. Cyrus W., in Utah 709

Fife, W. N.

Firman, D. R., U. 8. Deputy Marshal
First Shipment of Utah Galena Ore 272

Fitch, Thomas 249, 535, 579, 586, 593, 601, 608,

615. 623, 630, 63)
» » Opposes Cullom Bill in Con-

gress 40i

" " Reviews McKean's Adminis-

tration 552, 613

" " Interviewed by New York

Herald on Utah Affairs 645
" " Urges Mormons to Abandon

Polygamy 695

" " Chosen Senator from Pro-

posed State of Deseret 704

Flack, John 632, 634

Flenniken, R. P., Associate Justice
Flint vs. Clinton, Case of
Floods in 1867
Foreman, Eliza

Foote, E. S. 754

Fourth of July, Celebration in 1881 25

" " Militia Forbidden to Parade

on 532

Fox, Jesse W. 27,261,268

Fuller, Frank, Secretary of Utah 25, 70, 629

" " Acting-GovernorSl, 38,43,53,

377, 503

<< " Removed from Office 103

« « Chosen Representative from

Proposed State of Deseret 704

Garfleld, General James A., In Utah

Gates. Jacob

Gee, Lyaander

Gentile League of Utah

Gentile Merchants Offer to Leave Utah

Glbbs. Isaac L., United States Marshal 78, 98,

Gllson, S. H.

Given, John, and Family Killed

Gladdenites, The

Godbe, Anthony 38J,

Godbeites, The 333, 360. 380, 884, 433, 491.

Godbe, Wm. 8. 151, 184, 253 335, 380, 495, 535,'

'&
13

523
82 >

INDEX.

Godbe, Wm. S., In " New Movement" 328

Excommunicated from Mor-
mon Church 332
" Interviews Grant, Colfax and

Cullom 438

Goodwin, C. C., Editor Tribune 383

Gordon, D. 8. 623, 719

Gordon, Joseph 629

Gould Alfred 8. 695. 677

" Greenwood, Grace," Mrs. Lipplncott 607

Graham, John C., Arrested for Engaging in

Militia Drill 527

Grant, George 636

Grant, George D. 195

Grant, President U. 8., Attitude of, Toward

Utah 320, 439. 650

Visits Utah 774

Grant, Rachel 397, 404

Grasshopper Visitation 178

Gravelly Ford, Battle of 196

Grow, Henry 27, 180, 385

Groo, Byron, Editor Salt Lake Herald 197, 384
Groo, Isaac, 66. 70, 244, 260, 385

Gunnison, Lieut, 220

Guthrie, J. W. 270

Hagan, Albert 757

Hague, James 27, 154

Haight, Horton D. 171, 183

Haight, Isaac C., Indicted for Complicity in
Mountain Meadows Mas-
sacre 783
" Letter from Governor Young

About Emigrants in 1857, 81,0
Hamblin, Jacob 710, 820

Hampton, Brigham Y., Arrested on a charge

of Murder 663

" Liberated 689

Harding, Stephen 8., Governor 70, 83, 100, 103, 503

Hardy, Leonard W. 26, 131

Harrison, E. L. T. 184, 380, 435, 596

In "New Movement" 328

Excommunicated from

Mormon Church 332

Haslam, James H., Testifies at the Lee Trial 818
Hatch, Abram 24, 301

Hawking, Thomas, Prosecution of 611, 615, 629
" Liberated on Bail 689

Hawley, Cyrus M., Associate Justice 301, 310
324, 454, 527, 545, 556, 578,

623, 625

Haydon, Judge William 603, 695, 702

Hayne, Julia Dean 35, 140

Hazen, General, on Utah 142

Head, Franklin H. Superintendent Indian

Affairs 194, 233, 250, 377

Hempstead, C. H. 115, 120, 154, 313, 316, 324,
389, 535, 563, 586, 594,

602, 608, 623, 629, 639
" Editor Union Vedette 108
" Provost Marshal of Salt

Lake City 113

" U. S. District Attorney 656

'• Resignation of 567

Henry, W. W. 155

Herald, The Salt Lake 382, 383

Hess, John W. 244

Hickenlooper, Wm. 244

Hickman, " Bill " 628, 630, 636, 689

Higbee, John M. Indicted for complicity

In Mountain Meadows

Massacre 783

Hiegins, Edwin, Secretary of Territory 309

Hills, L. S. 268, 385

" " Receiver U. S. Land Office 309

Hinckley, Ira N. 45

Hoge, Enos D. 563, 586, 594, 602, 623

Associate Justice 310

" " Council in John D. Lee case 788

Hollister, O. J. 270, 316, 324, 434, 438, 518, 625

Holman, Ezekiel

Hooper, Wm. H. 36, 58, 116, 11

281, 302, 31

" Senator from,

" Re-elected De

gress

" Representativi
Deseret

8 Aid for Utah
rom Indian De

605,

e Investigated
781,

Beaver
Stake

713
720
705
625

803
181
183

557
844
24

610
172
173

199
837

530

386

.21
40*5
578
246

" Spat as Delegat
bv Maxwell

" Speech against tl44' 262' wl<
3i]j ; Deseret

" " Chosen Senator 1 . ,

posed State of r/Phone and
Hoops, Elisha, Witness at Lee Trial
Hopkins, R. R. -ph Line

Home, M. Isabella 3War

Home, Kichard S. >- __
Hosmer, Josiah, U. S. Marshal
Hospital of the Holy Cross
Hough, A. L. ', 282,

Houtz, Heber 't Z.

Howard, Sumner, U. S. Attorney 805, b.287'
Howd, Simeon, Pioneer Beaver County
Hunter, Edward 172 258 J>

Huntington, Dimick B. 26'

Hussey, Warren 233, 315, 433, 438,

Hyde, Orson 39, 263, ,

" " Probate Judge, Carson County
Hyde, Marinda N. 397

Hyde, William, Officer of Salt Lake City 562,
Hyde, Judge William 134,

Iliff, Thomas C. 318

Indians, Battles with, in Cache Valley 77, 78

" Black Hawk War 173, 187

" Treaties with 189 213

" Troubles of 1872 710

Irish, O. H., Superintendent of Indian Affairs

115, 120, 131, 137, 141, 189

" Jack Mormons " 97, 359

Jail, Salt Lake City, Assaulted by troops 719

Japanese Embassy, Visit of 693

Jakeman, Ellen T. 204

Jaques, John 108

Jennings, Thomas W. 268

Jennings, William 117, 121, 131, 151, 250, 260

265, 268, 433, 53<i, 594, 608
'• Director Z. C. M. I. 282

" Vice-President and Superintendent

Z. C. M. I. 290

" Candidate for Mayor 742

John, David 284

Johns, Wm. M. 497, 523, 596

Johnson, Aaron 39, 195

Johnson, Nephi, Witness at Lee trial 819, 821

Jonasson, S. J. 'JUS

Jones, David H. 189

Jones, N. V., Sr. 263, 631, 635

Jones, N. V., Jr. 748

Jones, S. S. 283, 285

Josephites 311, 330

Jukes, Samuel, Indicted for Complicity in

Mountain Meadows Mas-

sacre

Jury, The Grand, condemns Gov. Harding 101
" Grand and Petit, illegally drawn 551, 557

562, 585, 598

Verdict of first packed, in Utah 565

" Mormons excluded from
" in first Lee trial
in second Lee trial

Juvenile Instructor, The

588
790
821
184, 838

INDEX.

855

Platt, Francis

Poland Law I165 313 324, 384, 388, 433,

Polygamy, First C/10O) 438, 536, 595

•< Presides Utah 708

Legislat? U 189

, ^Unites in Black Hawk War 201
ebatfruji

27,34

39, 380, 384, 434, 538, 625
"

Lincoln, President, Attitude of, Toward Mo£ ^

.. Canfon President B. Young for
Cavalry to Guard Overland Mail
and Telegraph gg

» Signs Anti-Polygamy Law
" Asked bv Citizens to Remove <

Harding and Judges Waite and
Drake

iwuaij'he" „. o Harding ana JUURCO - „

Ne\f 27, *» Drake

Judge 39,380,384,434,538,625 ,( ^bratlon of Second Inauguration

H1to ,'• New Movement" ,. Death of, Mourned in Utah g^

Bl*r(communicated 332 Lippincott, Mrs.

"US >r Traffic 244,250,260,268,714

f, 259', 386

-7y • 791 Little, rerauiui*

187 270 Little, James T.

577,584 T'"'- T°<"ef;
244, 260, 301
131

Lieutenant - Governor of =- jn uimua ^...

Deseret ~ Logan, Senator John A., in

Death of ^J* '"IrSrrn'con-

Powell, J. j
Pratt, Arthur^rderer
Pratt, Orson I1 C

Pratt, Eleanr

Pratt! Vienr, p ,

Presbyterif. " In Black Hawk, War 196

Preston, WQhn B 151, 155, 2S4

'a H.

5*7

Probate

'rescindia H.

KcV

'«J Lowe, Chief Justice David B.

QQR 404 Lowe, George A.

833 Lowell, John W.

^^"'^ ffiiS^ta

.. statement as to Bill Hick- Ly^rd, J^ ^

man XS; Lyman, Francis M.

Prov.( ,< Liberated Lyne, Thomas A.

Pr°Tg, Hannah T

270
172
172
317

120,181,535

30!

35 535

40, 45, 70, 13, ^

" Issues Warrant for Morrisite ^
leaders 103

ii " Kemoved in, 104

,« .. Delegate to Congress ™

Kirkpatrick Attorney l

Klingensmith, Philip, ta«S

Maeser, Karl G.
Majors Atoander
Mann, S. A.

^ 530 534, 608
^ m> ^ ^

. , Ter'ritory 309, 325

IpproveB Woman Suffrage Act ^ 402

HTw'aX McGrorty
.*aviail Thnmas

Knowlton, J. Q*

Land Office Established
Land Question Discussed
T.awrence, Henry VV. .

Massacre • —

» Turns State's evidence 7»»
ii Witness at Lee trial ^ 79J

Affairs

437, 45!,

308

626

m 284 438

rshal 53 503

332

.. ArTerteTfor iiving with

Plural Wives |94

Lawson, James 713

Lady Lawyers, First in Tjtan 3g ^ ggg

Layton, Christopher 397

Leaver, Mary
Lee, John D. Washington County '

u ,. Indicted for Complicity mM«

tain Meadows Massacr< 7fl()

u " First Trial

u " Second Trial

u « Sentenced

378
^ 623

of Indian ^
%% 301
531, •<

candidate lor Delegate to

Territorial Marshal 544,^

President St. George
Stake »«

805
g22
829

si-n-iti'

Assaulted by' Thomas
Hackett

Leonard, AUICI, -

Libera ^ Olg»niziitiov ot

CoS^onwithGodbeites

McGrorty, Wm. Candldate for Dele-'

gate to Congress

Fraud

County by

520,532,547,552,^,^,
« Chief Justice l87' M

856

INDEX.

McKean, James B, Denies Mormons Citizen-
ship Because of Their Be-
lief 558
" " Impanels Illegal Grand and

Petit Juries 562

' ' Decrees Territorial Courts to

be United States Courts 563
" " Speech to Grand and Petit

Jurors 569

" Excludes Mormons from

Jury 588

' " Illegally Applies Territorial

Statute to Polygamists 592, 612
" on "Federal Authority vs.

Polygamic Theocracy " 599
" " Write^ Editorials for Salt

Lake Tribune 604

" " Sentences Thomas Hawkins 617

" " Admits Gen. D. H. Wells to

Bail 640

" " Refuses to Admit President

Young to Bail 661,675

" il Contest with Attorney Bates

at Washington 676

•' Reappointed to Office 732

" " Sentences President Young

to the Penitentiary 761

" " Superseded 764

" " Death of 765

McKean, Theodore 26, 53, 116, 120, 327, 385,

427, 503, 530, 608
" " Vice-President Z. C.

M. I. 291

McKenzie, David 27, 132, 301, 427, 530, 534

McKnight, James 108

McLellan. General George B., in Utah 708

McLeod, Norman 116, 120, 137, 152, 312, 316

McMinn, Mrs. 397

McNiece. R. G. 317

Merrill, M. W. 246, 270

Merritt, Samuel A. 735. 737

Methodist Church 317, 547

" Missionaries 552

" Camp Meetings 823

Miles, Orson P. 181, 206

Military Authorities Refuse to Aid Settlers

against Indians 189, 194
Militia, Utah, called on for service 43, 44, 53,

192, 206

Reorganized 195

Musters 195, 208, 496

Strength of, in 1867 209

Forbidden to Assemble 498

Test the Vitality of Gov. Shaff-
er's Proclamation 524
" " Forbidden to Parade on Inde-
pendence Day 532
" " Forbidden to Defend against

Indian Assaults 712

Miller, James 286

Miller, G. D. B. 315

Miller, Reuben 39

Miller, Wm. 182

" " Shot at and Arrested by rioting

soldiers 506, 509

Miner, Aurelius 247, 282, 563, 586, 594, 602,

615, 623

" " Attorney-General for Deseret 42

Mines, Discovery and Development of 105, 271
Mitchell, F. A. 386

Mormons Denied Citizenship for Religious

Belief 558

" Excluded from Jury 588

Mormon Tribune, The 380

Morrill, Laban, witness at Lee trial 817

Morris, Elias 304

Morris. R. V. 386

Morrisites, The 48, 100, 311, 503

Morrow, H. A. 523, 625, 638

" " In Command at Camp Douglas 519

'• " His Treatment of Civil Pris-

oners 529, 638

Morrow, H. A., Recomme,
Sufferers
predatioi
" Transferreo.
Morse, Memorial Meeting e
Morton, Oliver P., in Utah
Mountain Meadows Mass;

i Aid for Utah
rom Indian De

713
720
705

605, 625
Investigated

781, 803
181
183

"Muddy Mission," The 1(}ee Beaver

Murdock, John R. 557

" Probate Beaver Stake 844
County 24

" President o 353

Murdock, Joseph S. 44 262, 281, 610

Murray, Eli H., Governor Deseret

Musser, A. Milton " 172

Superintende,phone and

Telegraph 173

Introduces Te,pn Line

Phonograph War 199
" Extends Telegr 837

During Indian
-Mutual Improvement Associations

M ', 282, 530

*t Z

Naisbitt, H. W. 26 287 292

First Purchasing Agei. 205
C. M. I. > 386

Navajo Indian Hostilities, 1867 ' 804

Needham, John 286 21

Nelson, Colonel William, U. S. Marshal 825
Executes John L> 21
Lee 15

Nevada Territory Organized Out of Utah
Newman, John P. 325, 519, 6±.

" Discusses with Apostle

Orson Pratt 440

"New Movement," The 328, 360, 380, 433, 491

Nuttall, L. John 285

President Kanab Stake 844

Ogden City made Junction of Union and

Central Pacific Railroads 305

Orr, J. Milton 384, 388, 433, 523, 536, 544, 555,

595, 627, 747

United States Marshal 311

Osborne, Major, Commanding Camp Raw-

lins 495, 506

Ottinger, George M. 530

" Arrested for Engaging in

Militia Drill 527

Our Dixie Times 184

Overton, G. B. 324, 433, 451

Receiver U. S. Land Office 309

Pace, W. B., in Black Hawk War 196

Page, J. P. 595

Palestine Tourists 714

Park, J. R., Principal University of Deseret 299
Parry, Joseph 247

Patrick, M. T. 454, 520, 523, 557, 562, 568, 577,

589, 595, 634, 639

" U. S. Marshal 311

" Advances Money to the
Courts; Seizes Utah Peni-
tentiary 574
'• " Uses Troops as Posse 592
Paul, John 115, 181
Peep o' Day 184
Peery, D, H. 288
" " President Weber Stake 844
People's Party 364, 536
Ferris, Fred T. 384
Phillips, William G., Arrested for Engaging

in Militia Drill 527

Pierce, G. M. 317, 448, 523

Pioche, Completion of Deseret Telegraph

Line to 609

Pioneer Day, Militia Forbidden to Parade on 532
Piute County— Settlements Abandoned 194, 206

INDEX.

857

Platt, Francis 27, 45

Poland Law 739

Polygamy, First Congressional Law Against 59

President Young Arrested for 97

Legislature Asks for the Repeal of

the Law Against 173

Debate on, by Prof. Pratt and Dr.

Newman 440

Judges Misapply Territorial Law

to 591

Blair Introduces Bill Legalizing

Mormon Marriages in 733

Ladies Petition for Repeal of Law

Against 739

Powell, J. W., Completes Exploration of

Colorado River 306

Pratt, Arthur 293

" U.S. Deputy Marshal 766, 785, 804

Pratt, Orson 83, 95, 263, 297, 427, 534, 552

" Discusses with Dr. Newman 440

Pratt, Eleanor M. 397

Pratt, Vienna 184

Presbyterian Church 317

Preston, William B. 39, 269

'• Bishop of Logan 22

Witness at Ricks Trial 771

Probate Courts, Possession of Unusual Powers

by 549, 551

" District Courts Decide Ad-
versely Thereto 557, 565
" Jurisdiction of, Limited 739
Provo, Raid by U. S. Soldiers 506
Provost Guard in Salt Lake City 113
" William Vanderhoof Shot by 114
Pyper, Alexander C. 26, 385

Railway, Pacific 215

" Petition from Utah to Con-
gress for 220
" Union and Central Pacific,

Companies Organized 223

" Citizens' Mass Meeting at

Salt Lake City, Regarding 233
" Contracts Taken by Mormons 243
Reached Ogden 247

" Completed; Ceremonies 249

Celebration at Salt Lake City 258
Utah Central 260

Utah Southern 268

Utah Northern 269

Utah and Nevada 270

Bingham, Little Cottonwood,

and American Fork 275

Coalvllle and Echo 300

" Ogden Selected as Junetion 305
Raleigh, Alonzo H. 26, 120, 172, 258, 385

Rawlins, Camp, Established 495

" Soldiers from, Rail Provo 506
Reed, Amos 309, 377

" " Secretary of Territory 104

Reese, Enoch 19, 116

Reese, John 19, 181

Relief Society Organized 832

Republican Party, First Utah Organization of 705
Retrenchment Association 834

Review, The 593, 625

Reynolds, George 301

" Case, First Under the Anti-
Polygamy Law 70, 774
Rich, Charles C. 263, 301
Richards, Franklin D. 101, 119, 131, 247, 261,

Ridges, Joseph H.
" Ring," The Utah
Riot at Salt Lake City
Bio Virgen Times
Riter, Mrs. Lev!
Roberts, Homer
Robertson, R. H.
Robinson, Dr. J. King

180

391, 624
746
184
397

182. 199

316, 324, 384, 433, 523
312, 374, 560. 627

Richards, F. S.
Richards, H. P.
Richards, Jane S.
Richards, Lev! W.
Richards, Lula Greene
Richards, Samuel W.

Richfield Abandoned
Ricks Murder Trial
Riddle, Isaac

282, 284, 301
247

34,292

838

835

39, 197, 244, 258, 304,

327 385
206
769
557

Assassination of 151

Rewards Offered for Ap-
prehension of Murd-
erers 143, 151, 152
" The Murder Investi-
gated 154, 663

Rochefort, Henri 709

Rockwell, O. P. 38 80

Rockwood, A P. 40, 5*77,

" Warden of Penitentiary 575

Roman Catholic Church 3ig

Romney, George 26

Rose, C. G. 292

Rowberry, John 39, 101

" Probate Judge, Tooele County 760
Rowe, Wm. H., Assistant Superintendent

Z.C. M. I. •«)! •«!.•{

Rumfield, H. S. 131, 151

St. George, Settlement of 23

St. Mark's Hospital 316

St. Mark's School 315

St. Mary's Academy 313

St. Clair, Mrs. Augusta N. 307

Salina Abandoned 193

Salisbury, Joseph 384

Sanders, William 289

Sanpitch, Indian Chief 189, 193

Sargent, Aaron A. 414 629

Savage, C. R. 250

•' " Arrested for Engaging in Mil-
itia Drill 527
Sawyer, Oscar G. 604
Scanlan. Bishop 318
Schaeffer, M., Chief Justice 101, 767
Schettler, Paul A. 385, 427, 714
School of the PropheU 296
Scott, A. H. 285
Sears, S. W. 288, 292
Sevier County Settlements Abandoned 206
Seward, William H. 120, 225, 304
Shaffer, J. Wilson, Governor 310
" Policy of 487, 556
" Arbitrary Action Regard-
ing Militia 497
" Letter to General De

Trobriand 513

" " Appointment of Terri-

torial Officers by 544

" Death and Funeral of 522
Sharp, James 268

Sharp, John 26, 116, 131, 172, 201, 244,

250,260,268

Sharp, John, Jr. 182, 268

Sharp, John W. 746

Shearman, William H. 380, 436

Sheeks. Ben 757

Sheets, E. F. 26, 120, 284, 286

<• " House Sacked by Riotous Sol-
diers 506, 510
Sheridan, P. H., in Salt Lake City 303, 491
" " Establishes Camp liawlins 495
Sherman, William T. 147 226
" Visits Utah 521
Sinclair, Peter, in Black Hawk War 197
Sirrine. Samuel D. 34, 115, 155
Sloan, Edward L. 184, 281, 301, 385, 427, 442
" " Issues First Directory of

Salt Lake City 300

" Founder Salt Lake Herald 3X3
" Attempted Assassination of 519
" Projector of Woman's Kt-

ponent 835

Sloan, William 165, 313, 384

858

INDEX.

Smith, Isaac
Smith, Jared

. A.

Smith, A. K., U. S. Deputy-Marshal 761

Smith, Alexander and David H. 330

Smith, Amanda 397, 404

Smith, Bathsheba W. 397, 404, 834

Smith, Lot 39

" " Guards Overland Mail and Tele-
graph Route 46
" Hazardous Pursuit of Indians by 47
1 Brigadier -General Utah Militia 195
Smith, Elias 26, 39, 101, 117, 259
" " Chief Justice of Deseret 42
Smith, George A. 23, 28, 39, 101, 116, 131, 138,
172, 185, 220, 237, 258, 260,

301, 493, 551

In First Presidency 186

Director Z. C. M. I. 282

Leader of Palestine Party 714
Chosen Trustee- in-Trust 839
Affidavit as to the Moun-
tain Meadows Massacre 811
Death of 841

289
55

Smith, Jesse N., Witness at Lee Trial 799

Smith, John Henry 246, 292

Smith, Joseph F. 281, 284, 331, 427

Called to the Apostleship 181
Smith, Silas S. 39

In Black Hawk War 207

Witness at Lee Trial 800

. O. 26, 39, 120, 172, 506

Mayor Salt Lake City 116, 131

President Utah Stake 281

President Provo Co-operative

Institution 285

Smoot, Margaret T. 397, 404

Snow. Bernard 39, 191, 244

Snow, Miss C. Georgie 714

Snow, Eliza R. 28, 396, 404, 714, 833, 845

Snow, Erastus 23, 172, 301

" Brigadier General Utah Militia 201

" President Southern Utah C.

M.I. 283

" Investigates John D. Lee's
Connection with Mountain
Meadows Massacre 808

Snow, Lorenzo 39, 263, 301, 714

Snow, Warren S., in Black Hawk War 191,

196, 205
Snow, Zerubbabel 39, 454, 527, 545, 563, 579,

594, 602, 608, 623
Associate Justice of Deseret 42
Associate Justice of Utah 550
" Territorial Attorney-Gene-

ral 566, 569

Sowiette, Indian Chief 189

Spencer, Daniel 497

Spencer, Howard O. 45

Spicer, Wells, Liberal Party Candidate for

Legislature 536

" Counsel for John D. Lee 805

Staines, Priscilla 397

Stewart, William C. 783

Staines, William C., Church Emigration

Agent 183

Stakes of Zion 843-4

Statehood, Movements for 37, 174, 301

Stenhouse, T. B. H. 108, 121, 131, 151, 233,

301. 328, 333, 383, 435
Editor Salt Lake Telegraph 251
" Excommunicated 332

Stephens, Evan 180

St. George Temple Dedicated 842

Stlllson, Jerome B., N. Y. Herald Corres-
pondent 824

Stokes, William, U. S. Deputy Marshal 784

Stout, Hosea 39, 547, 594, 602, 623, 635

Attorney for Salt Lake City 154

" Arrested on charge of Murder 629

" Liberated after Englebrecht

Decision 689

Street, A. W. 233, 259

Tabby, Indian Chief

In Black Hawk War

Strickland, O. F. 324, 532, 545, 556, 562, 574, 624
Associate Justice 310

Strickland.Silas A. 530

Stringam, Bryant 26, 260

Sutherland, J. G. 768, 771, 785

Swan, George 268

189
194

Tabernacle, Construction of 179, 301

Taggart, John P. 315, 405, 451, 625

" U. S. Assessor of Internal

Revenue 311

Tanner, Myron 284, 285

Taylor, John 37, 39, 50, 88, 90, 117, 131, 185,

237, 244, 258, 261, 301, 427, 452, 594

" " Delivers Oration, July 4th, 1861 28

" " President Z. C. M. I. 291

" " Letter to Vice-President Colfax 339

Taylor D. J. 292

Taylor, George J. 181, 295, 361

Teasdale, George 292

Teasdel, S. P., Superintendent Z. C. M. I.,

Ogden 288

Telegraph Line Completed to Salt Lake City 30

First Use of, by President Young 30

" Deseret, Constructed 168

" Deseret, Extended 199, 300, 609

" Communication with Pioche 610

Telegraph. The Daily 108. 183, 383, 442

Thatcher, George W. 22, 244, 270

Thatcher, Moses 23, 270

" " Superintendent Z. C. M. I.,

Logan 289

" " President Z. C. M. I. 291

Theater, Salt Lake, Opening of 32

" " Benefit at, for Chicago Re-

lief Fund 608

Thistle Valley Battle 198

Thomas, C. J. 33, 848

Thrall, J. Brainerd 317

Thurber, Albert K. 39, 301, 844

Thurston, G. W., Daughter of, Stolen by

Indians 212

Tilford, Frank 316, 757

Titus, John, Chief Justice 104, 116, 120, 137,

153, 313, 560

Toms, James, Arrested on a Charge of Murder 663

" " Set at Liberty 689

" Tooele Republic " 748

Toohy, Dennis J. 270, 535, 537, 625

Townsend, James 585, 595

Tracy, Theodore F. 530

Train, Geo. Francis 225, 306

Tnbune, Salt Lake, The 363, 381

" " Reform Policy of 366

Trustee in Trust 839

Tullidge, Edward W. 108, 184. 380, 436, 537, 604

" " In "New Movement" 330, 332

Tuttle, Daniel S. 313, 629

Union Vedette,The 108, 183

United Order 280, 840

University of Deseret 28, 295

Utah and Nevada Railway 270

Utah Central Railway 260
Utah Magazine, The 184, 328, 331, 332

Utah Northern Railway 269

Utah Southern Railway 268
V

Vance, Major John W. 207, 213

Vaughan, Vernon H. Secretary of Territory

490, 497

" " Governor 523, 530

Visits of Distinguished Persons to Utah 140,
171, 302, 303, 304, 305, 306, 307,321,

327, 493, 521, 605

Wade Bill, The 210

Waite, Charles B., Associate Justice 70, 137

INDEX.

869

Waite, Charles B. Enmity Towards the People 83
Requested by Citizens to

Resign 95

McGrorty's Attorney 376

Walker Brothers 151, 165, 271, 274, 294, 385,

Walker, D. Fred ' 313

Walker, J. R. 233, 273, 324, 384, 433, 438, 536

629

Igg

288
288

Walsh, P.
Ward, Barney

Wasatch County, Settlement of
Washington County
Watson, John
Watson, R. S.

Watt, George D. 88, 131, 259, 297

Webber, Thomas G. 108

Secretary and Treasurer

Z. C. M. I. 291

Weiler, E. M. 244

Welsh, Josiah 317

Wells, Daniel H. 37, 45, 83, 152, 172, 185, 233
260, 268, 301, 318,327,385,

427, 547, 603, 626, 638
In the First Presidency 33

Secretary of State for

Deseret 42

In Black Hawk War 192, 197
Chancellor University of

Deseret 298

Mayor Salt Lake City 308

Orders Regarding Militia

Muster of 1870 496, 505

Correspondence with Gov-

ernor Shaffer 499 501

Calls Out Militia for Fourth

of July Celebration 532

Arrested for Living with

Plural Wives 593

Calls Meeting for Relief of

Chicago Sufferers 607

Arrest on a Charge of

Murder 629

Admitted to Bail by Judge

McKean 640

Assaulted by a Mob 747

" Witness at Lee Trial 817

Wells, Emmeline B. 836

Wells, Junius F. 837

West, Chauncey W. 39, 43, 171, 245, 250, 261, 496

West, Jesse, in Black Hawk War 197, 198

Whedon, D. P. 785

White, Joel W. 797, 805, 819

Whitney, George E. 769

Whitney, Elizabeth Ann Smith 833

Whittemore, B. F. 747

Wickizer, J. H. 451, 523

Wilden, Elliott C., Indicted for Complicity in

toe Mountain Meadows

Massacre 783

" " Indictment Dismissed 822

Williams, P. L. 757

Williams, Thomas 88, 291

Williams, T. V. 292

Williamson. J. A. 250, 270

Wilkinson, Morris 172, 181

Wilson, C. C. 309, 325, 490, 556, 577, 629

" " Decision of, Regarding Territo-

rial Officers 544, 556

Winder, John R. 209, 385, 530

" " In Black Hawk War 197

Witnesses at Lee Trial 798, 800

Woman Suffrage Act 402

Women's Mass Meeting, Protesting Against

the Cullom Bill 395, 401

" Wooden Gun Rebellion," The 524

Woodhull Brothers 271, 272

" " Erect first Smelter in Utah 274

Woodman, J. F. 271, 451

Woodmansee, Joseph 282

Woodruff, Phoebe 397, 404

Woodruff, Wilford 39, 50, 117, 131, 263, 427,

536 594

President Z. C. M. I. ' 291
Extract from Journal Con-
cerning Mountain Mead-
ows Massacre 808
Woods, George L. 530. 531, 553, 576. 681, 625
" Forbids Militia to Parade on

Pioneer Day 532

Woo ley, Edwin D. 172, 213, 335, 384, 595

Woolley, Edwin D., Jr.

Woolley! E. G. ' ?g{

Woolley, Franklin B. 213, 283

Wootton, Francis H., Secretary of Utah 25

Yates, Richard 530

Young, Amelia F.

Young, Ann Eliza Webb

Young, Brigham, Governor of Deseret 40

Responds to President Lin-
coln's Call for Cavalry to
Protect Mail and Tele-
graph Route 45

Addresses Citizens as to
Governor Harding, etc. 93

Arrested on Charge of Poly-
gamy 97

Calls on Schuyler Colfax 131

Offers Reward for Arrest of
Dr. Robinson's Murder-
ers 143 151

Declines Offer of Gentile
Merchants to Leave Utah 165

Establishes Deseret Tele-
graph Line 168

Designer Large Tabernacle 180

On Building a Transconti-
nental Railway 240

Contractor on Lnion Pa-
cific Railway 243

Organizes Utah Central
Railway Company 260

Organizes Z. C. M. I. 276

Corresponds with Dr. J. P.
Newman 445

Arrested for Living with
Plural Wives 592

Aids Chicago Relief Fund 608

Indicted on Charge of
Murder 603

Day for Trial Set 652

Returns to Confound his
Enemies 657

A Prisoner in His Own
House 661, 766

Liberated after the Engle-
brecht Decision 689

Sued by Ann Eliza Webb
Young for Divorce, etc. 756

Sent to the Penitentiary by
Judge McKean 761

Affidavit as to Mountain
Meadows Massacre 806

Last Days and Labors 830

Resigns Office of Trustee-
in-Trust and Chooses
Five Additional Coun-
selors 839

Organizes the United Order 840

Sets in Order the Stakes 843

Last Public Address 844

Death and Funeral 846

Young,;Brigham, Jr. 26, 243. 260, 301

One of the Twelve Apos-
tles 188
Brigadier-General, Utah
" Militia 195
Young, Harriet Cooft 397, 404
Young, Heber 292
Young, John, Patriarch 497

860

INDEX.

Young, John W. 131, 243, 260, 269, 843

Young, Joseph 40

Young. Joseph A. 151, 172, 243, 260, 265, 268,

427, 536, 547, 630, 635

Young, Joseph W. 452

Young, Le Grand 268, 594, 602, 757

Young, Mary Ann Angell 758, 833

Young, Seraph
Young, Seymour B.
Young, Ztna D. H.

405

45, 386, 762, 845
404, 833

Zlon's Co-operative Mercantile Institution

276, 329, 638

•tf.

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