The Governor then presented his Message, as follows:—

He again addressed them, January 5, 1852:—

This Legislature, besides passing a code of laws for the government of the Territory, sent some twenty memorials to Congress, most of them calling for appropriations of public money, and divided up the canyons, ferries, pasture-lands, woodlands, water privileges, and, in fact, all the most valuable portion of the public domain, among prominent "saints," giving always to Brigham the "lion's" share. To this he was entitled by his recognized appellation of "the Lion of the Lord."

To this day he holds, by virtue of an Act of the Legislature, the most valuable canyon, near Salt Lake, called City Creek, or Brigham's Canyon,—having taken actual possession of the same, by fencing in the mouth of the canyon completely, and thus preventing all ingress or egress, except upon the payment of toll. General Connor, upon his arrival in Utah, in the fall of 1862, was justly indignant to find himself fenced out from one of the national thoroughfares, but thought it prudent not to add to the causes of irritation by interfering.

During this session Brigham issued eight proclamations. The following is the most celebrated of these State Papers:—

Amidst the verbosity of this singular document will be seen expressions of attachment to the Federal Union. The sincerity of these professions must be judged of in the light of his contemporaneous acts. The officers appointed by the General Government were then in the States, or at Washington, representing truly the condition of things in Utah, and the conduct of Brigham and his associates, which effectually obliged them to leave the Territory, by rendering their presence in Utah not only useless but dangerous. It is for our readers to say how much weight is to be given to that portion of the fulmination of the Prophet put forth under such circumstances.

At this first session of the Legislature, Brigham proceeded to give, in his Message, his views in relation to African slavery, fully indorsing it, and prescribing regulations for its establishment in the Territory. His views upon this subject may be gathered from the following extract:—

In accordance with the foregoing suggestions, the Legislature passed a law regulating slavery in the Territory, and it has existed in full force and effect to the present time. There are now a considerable number of African slaves in the Territory, and a large number of Indians, "held to service."

During the same session, the Legislature memorialized the President, setting forth that the federal officers had abandoned the Territory; reciting the formation of the provisional government of Deseret, and complaining that "all the authorities of the Territory, including the governor and both houses of the Assembly, and marshal, had been set at naught as exercising their functions illegally and unconstitutionally."

The causes which led to this petition were as follows:—

When the Territory was organized, in the winter of 1850-51, the following named officers were appointed:—Brigham Young, Governor; Lemuel C. Brandenburg, Chief Justice; Perry E. Brochus and Zerubbabel Snow, Associate Justices; Seth M. Blair, Attorney General, and B. D. Harris, Secretary. These officers did not arrive in Utah until July, 1851. Previous to their arrival, Brigham Young had issued a proclamation ordering an election for delegate to Congress and members of the Legislature, and providing for taking the census.

The Secretary considered that Young had exceeded his authority, and on this ground refused to pay over the moneys in his hands for the expenses of the Legislature.

The Supreme Court being then in session, Harris applied to the court for an injunction to stay the proceedings of the Legislature, which the court granted. This order, however, was nugatory, as the court had no power to enforce its judgments. This, of course, enraged the Mormons; and the Governor instructed Blair, the District Attorney, who was a Mormon, to sue out a writ of injunction upon the Secretary, to prevent him from taking the money out of the Territory. The court decided against the injunction, thus again sustaining the Secretary.

Again, Congress had appropriated $20,000 for the erection of suitable buildings at the capital of the Territory. Brigham and his tools, the members of the Legislature, attempted to appropriate this money, and in exchange, palm off upon the government, for $20,000, a building which never cost over $8,000.

These circumstances engendered much feeling between the Mormons and the gentile officers; and this was in nowise lessened by an incident which occurred about this time.

Hon. Perry E. Brochus, one of the Supreme Judges, in some remarks made in a Mormon assembly, commented rather severely upon the peculiar institution. He commenced by addressing the women upon the subject of spiritual wife-ism; pointing out to them its wickedness and the unhappy results that must follow to them and to their children, if the practice should be persisted in. He said it was against the laws of man and God. This was undoubtedly the first time, at Salt Lake, that a gentile had ever spoken in public against Mormon institutions.

The women were excited; the most of them were in tears, before he had spoken many minutes. The men were astonished and enraged, and one word of encouragement from their leader would have brought on a collision. Brigham, with his usual shrewdness, saw this, and was equal to the occasion. When the Judge sat down, he rose, and by one of those strong, nervous appeals, for which he is so famous among his brethren, restored the equilibrium of the audience. Those who, but a moment before, were bathed in tears, now responded to his broad sarcasm and keen wit, in screams of laughter; and having fully restored the spirits of the audience, he turned to the Judge, and administered the following rebuke: "I will kick you," he said, "or any other gentile Judge from this stand, if you or they again attempt to interfere with the affairs of our Zion."

The Judge saw that he was beaten, and finding his life threatened and in danger, soon after left the Territory.

After his departure, Brigham preached the following sermon:—

At another time he used the following language:—

This "sermon" was preached at Great Salt Lake City, June 19, 1853, and is published in the "Journal of Discourses," vol. i. p. 188.

Brigham had appointed his second counsellor, Willard Richards, to fill the vacancy occasioned by the departure of Secretary Harris. So the saints had fairly succeeded in ridding themselves of the obnoxious officials,—the remaining Judge, and the District Attorney, being Mormons in good standing.

The Hon. Z. Snow then proceeded to hold his court, unmolested by gentile law or judges. He tried and convicted several Spaniards of buying Indian children for slaves, took the children from the Spaniards, and turned them over to the "brethren."

The Indians now began to be hostile, and the brethren were obliged to cease pursuing the gentiles, and prepare to defend themselves against the "Lamanites." During the years 1852-53-54, more or less disturbances prevailed.

In October, 1852, Judge Shaver arrived, as successor to Judge Brochus; and Lazarus H. Reed, of New York, was appointed Chief Justice, to succeed Judge Brandenburg. Judge Reed arrived in the Territory in June, 1853. Of these, Brigham said,—

Judge Snow continued to hold his office until succeeded by Judge Stiles, in the fall of 1854.

Judge Shaver lived among the saints until his death, and was "buried with the faithful."

It is currently reported, and believed by many, that Judge Shaver died from the effects of poison, administered by the hands of a Mormon. He was a Southerner by birth, agreed very well with the Mormons, gave suppers, and drank with them, and was considered a "hail-fellow well met." There was, however, some difficulty between the Judge and the Prophet, the nature of which was not distinctly known. The difficulty increased, and one morning the Judge was found dead in his bed. The heads of the church took great pains to have the affair investigated, and came to the conclusion that the Judge had died of some "disease of the head." He was followed to the grave by a large concourse of people, and preceded by a band of music.

Less regard would be paid to these invidious reports, were it not for the fact that Brigham Young's connection with the violent death of divers other persons is too notorious to be denied. To say nothing of the Mountain Meadow massacre, in which he is distinctly implicated by evidence of an overwhelming character, there are other cases in which his agency in causing in some way the death of the party, is scarcely denied by himself.

For instance, the death of Almon W. Babbitt, at the hands of "Indians," on the Plains. In the summer of 1862, Brigham was referring to this affair, in a tea-table conversation, at which Judge Waite and the writer of this were present. On that occasion, after making some remarks to impress upon the minds of those present the necessity of maintaining friendly relations between the federal officers and the authorities of the church, he used language substantially as follows:—

People determined to believe only that Brigham Young is a good citizen, and that he and his people are mostly in the right in their difficulties with the federal officers, will doubtless be able to put an innocent construction upon the foregoing language. But to the minds of those who heard it, and who were most interested in its meaning, it never had but one signification, and went far to disclose the dark and damning character of the man.

But to return to our narrative. Judge Reed seems to have been more fortunate in his intercourse with these people. The Mormons wished to eradicate from his mind all unfavorable impressions created by the sudden departure of his predecessors. They therefore treated him with marked consideration. They hoped, through his influence, to reinstate themselves with the authorities at Washington, and they partially succeeded. The Judge formed quite a favorable opinion of the Mormons, though not indorsing the administration of Brigham Young. He remained in the valley about a year, and then went to the States, intending to return, but died suddenly, while at his home, in Bath, Steuben County, New York.

CHAPTER III.
POLITICAL HISTORY CONTINUED.

Col. Steptoe and Brigham Young.—Brigham reappointed Governor.—John F. Kinney.—Western Utah, or Nevada.—Letter of Hon. James M. Crane.—Judge Stiles and the Records.—W. W. Drummond.

In 1854 Col. Steptoe, with about 300 men, came to Salt Lake. His command was intended for California and Oregon, but spent the winter of 1854-55 at Salt Lake City.

About this time John F. Kinney, of Iowa, was appointed Chief Justice, to succeed Reed, and George P. Stiles, Associate Justice; Joseph Hollman, also of Iowa, Attorney-General, and Almon W. Babbitt, Secretary. In the spring of 1855, W. W. Drummond, of Illinois, was appointed Associate Justice.

During the winter of 1854-55, news reached Salt Lake that President Pierce had commissioned Col. Steptoe as Governor of Utah. This alarmed the saints exceedingly. The Lion of the Lord was roused. Something must be done.

Col. Steptoe had the appointment under consideration for several weeks, and finally refused to accept it, and joined with Chief Justice Kinney and others in recommending the continuance in office of Governor Young.

The question naturally arises, Why did Col. Steptoe refuse to accept the appointment, and recommend Brigham Young? Mormons would tell you, in confidence, that Brigham "put a hook in his nose," and he was compelled to do as he did. The Prophet of the Lord had said he would be Governor, and no power but the Lord Almighty could hinder it.

Daring and unscrupulous as a brigand, having the means at his command, and the ingenuity to use them, why should he not outwit the government and deceive the people of the United States? He was determined not to relinquish, without an effort to retain them, the power and emoluments of his position. The following narrative of the manner in which he accomplished his purposes, has been furnished by a Mormon who was residing in Salt Lake City at the time, and the employment of similar appliances on more than one occasion afterward, gives the coloring of truth to the story.

There were in Salt Lake City, at that time, two beautiful and fascinating women, one of whom was by marriage nearly related to the Prophet; the other was an actress in the church theatre. Their husbands were both "on a mission." These ladies were a great deal in the society of Col. Steptoe and his officers. Much attention was paid to the military officers, and it would be but natural that these men should be both pleased and flattered by the attention of sisters occupying so high a place in the hierarchy. According to report, however, the character of these women was not such as their exalted position in the church would seem to require.

One evening Brigham called "the girls" to him, and explained that he had a plan in which he needed their assistance. They at once consented to do anything he might desire. The plan was soon agreed upon. He placed his Danites at a convenient distance around the Colonel's office, and calmly awaited developments. In a short time one of the "police" came to the Prophet, and signified that it was time for him to appear on the field. He went immediately down to the Colonel's office, which was on Main Street, and knocked for admittance. For some time no one responded, but the knocking continuing violently, Col. Steptoe asked who was there. "Brigham Young," said the angry Prophet; "and I want to come in, and I will come in." At this Steptoe opened the door, and Brigham entered the front office. He seemed excited, and without being seated, asked if Mary and Mrs. —— were there; adding,—"I want the girls." Steptoe denied their presence; but could a prophet be deceived? "I know better," said he; "I know they are here;" at the same time walking into the back office. There, on the sofa, sat two young gentlemen dressed in the highest style, but wearing their hats. Brigham advanced, lifted the hats of the fancy gentlemen, and the ladies he was seeking sat before him. Of course, the righteous indignation of the Prophet knew no bounds. He threatened Steptoe with exposure and prosecution, and told him his life would not be safe if the friends of the ladies came to hear of the affair. He censured the girls, and told them to go home, and finally calmed down, and left the office.

Steptoe was greatly alarmed, and, as a compromise, offered to recommend Brigham for the appointment which had just been tendered to himself. With ill-concealed satisfaction on the part of Brigham and his friends, the proposition was accepted, and "the matter arranged."

Soon after, a petition was sent to the President, dated December 30, 1854, and asking for the reappointment of Young as Governor. This was signed by Col. Steptoe and most of his officers, and by all the federal officers then in Utah.

This array of gentile names was not to be disregarded, and Brigham Young was reappointed Governor of Utah.

In 1854 John F. Kinney was appointed, by Franklin Pierce, Chief Justice of Utah, and came to the valley with his family and a large stock of goods the same year. He was known in Iowa as a "Jack Mormon," and subsequent events have proven that he was such. He sold goods and kept a boarding-house; and at once entered into favor with the Mormon administration. He was pecuniarily interested in keeping the good-will of his trading customers; and this fact, together with his undoubted sympathy with the church, will satisfactorily account for the course pursued by him in the complicated condition of the Territory.

It is not our purpose to detract from the merits of any one. We desire to do justice to all. But the impartial truth of history requires us to say that the uniform course of Judge Kinney has been to aid and abet Brigham Young in his ambitious schemes, with but little regard to the advancement of the interests of the whole country, or the requirements of indiscriminate justice.

As to his merits as a jurist, the writer of these pages cannot undertake to decide. But it would seem, to one uninitiated, that a Judge cannot be very profound who will try, convict, and sentence men not within the jurisdiction of his court, and even men not in the land of the living. This was done by Judge Kinney, in the case of the Morrisites,—dissenters or apostates from the Mormon Church.

In the spring of 1863 a large number of these men were tried, convicted, and fined $100 each. Many of them were out of the Territory at the time, and one was dead. This statement is fully substantiated by affidavits which were taken at the time. Over ninety were tried and convicted, about twenty of whom were out of the Territory, and one had died before the trial commenced.

When the cases were called on for trial, it was stated that some of the accused were absent. The Judge remarked, it made no difference; he was gratified that so many had made their appearance, and directed the trial to proceed. All were found guilty, and sentenced to pay a fine of $100 each, except a few of the leaders, who were sentenced to the penitentiary,—one of them for fifteen years.

These men were accused of resisting the Mormon officers who came to arrest them. Robert T. Burton, the sheriff of Salt Lake County, who was the principal one thus "resisted," had shot Morris, their Prophet, in cold blood, after he and his party had surrendered; and yet, while the Morrisites were so severely punished, Burton went scot free. The grand jury of Salt Lake County would not even find a bill of indictment against him. Burton stands high in the community, and was afterwards appointed Collector of Internal Revenue.

But this is not all. Not only were all of the accused tried and convicted, but the bonds of those absent were declared by the clerk to be forfeited, and execution was issued against those resident in Utah, to collect the penalty of the bonds. At the same time, the records showed no judgments against the delinquents. One of these Morrisites, named Abraham Taylor, found his property, worth $2500, suddenly levied upon, under one of these executions. There being no gentile lawyer at Salt Lake, he applied to Judge Waite, who investigated the matter, and found there was no judgment of record. He then advised Mr. Taylor to apply to Judge Kinney for an injunction against the officer. This was done; but the application was refused by Judge K. on the ground that if there was no judgment he could render one, as the court had not permanently adjourned, but only to meet on his own motion. This response to the application of a suitor is a sufficient indication of the ability of Judge Kinney, and of his desire to administer impartial justice.

The result of the whole matter was, that the homestead of Mr. Taylor was sold under the execution, to the clerk of Judge Kinney's court, for 000; the family of Taylor impoverished, and literally turned into the street. After remaining out of doors, in front of the house, for a day or two, they took refuge at the camp of Gen. Connor.

In his personal appearance Judge Kinney is pompous and conceited. He is of the medium size, rather stout, with dark complexion. Brusque and ready in conversation, and never declining to drink when invited, he is well adapted to the country in which he resides, and is immensely popular in the community in which he was placed "to administer the law," and which he now represents in Congress. He is an open apologist and advocate of polygamy.

Mrs. Kinney is a sister of Judge Hall, of Iowa, and an accomplished lady. She was utterly disgusted with Mormon society, and returned, with her daughters, to the States.

Judge Kinney remained in Utah until 1856. In 1860 he was reappointed. Thus he was absent from the Territory during all the exciting scenes of 1857-8 and 9, and returned after something like harmony had been restored in the affairs of the Territory. He managed, however, by having his leave of absence extended from time to time, to retain the office and its emoluments until 1858. Since 1860 he has been back and forth, spending about half his time in either portion of the country, but retaining his position as Chief Justice, until elected to Congress in 1863.

Judge Stiles, who was appointed to succeed Snow, was assigned to the third, or Carson District. He immediately proceeded to his district, and held a term of court.

The present Territory of Nevada was included mostly in the third judicial district, and much difficulty occurred between Mormons and the miners in that section.

A full account of the proceedings which go to make up the history of this part of Utah, will be found in a letter from the Hon. James M. Crane to Hon. William Smith, published in 1859.

This letter is so complete and truthful in its statements, and presents such a correct view of the character and tendencies of Mormonism, that we insert it, nearly entire:—

Nevada was erected into a Territory, and has made rapid and gigantic strides in all the essentials of a high civilization. Her mines are celebrated throughout the world, and she annually adds millions of dollars to the circulation of the country.

Already are her valleys teeming with the life of the husbandman, and her soil yielding up its rich harvests of golden grain, for the sustenance of her brave and patriotic sons. She has sent several hundred men into the field, and with unshaken loyalty stands ready to send more, if the cause of her country calls,—thus literally fulfilling the promise of Judge Crane made in the foregoing letter. Mark the contrast between loyal and Christian Nevada, and disloyal and Mohammedan Utah! One rushing on to a glorious and happy destiny, and the other falling rapidly back into the habits and customs of heathen nations. The genius of Liberty sits enthroned among the mountains of free Nevada, while despotism of the most hideous character clanks her chains in Utah. May the day of deliverance for the oppressed thousands of Utah soon dawn. Then will she take her place among her sisters in the family of States, and the hand of oppression be no more felt in all her fair borders.

When Brigham Young found that the gentile element was gaining ground rapidly in Carson County, his Legislature attached it to Great Salt Lake County, for judicial and other purposes. A large number of Mormons were sent on to colonize, and if possible to retain, the fertile Valley of Nevada. These missionaries were recalled in 1857, as well as many others, who were settling in different parts of California.

Slowly and sullenly they relinquished their hold upon this rich and prosperous portion of the Republic. It rapidly advanced in population, and not only prospered as a Territory, as already mentioned, but has lately been admitted as one of the States of the Union. The admission of Nevada, carved out of Utah, while the mother Territory still remains out in the cold, ought to be a sufficient hint that Congress and the people of the United States are not yet prepared for the establishment in their midst of a polygamic monarchy.

Judge Stiles returned to Salt Lake City, and there held several courts.

In the fall of 1856 a conflict arose, in regard to the jurisdiction of the United States Marshal. Heretofore this officer had acted with the Mormons, and all had passed off smoothly. But a real gentile was now appointed, and this was the signal for Mormon opposition. The Mormons claimed that the Territorial Marshal, instead of the United States Marshal, should act in the United States courts when doing territorial business. The United States Marshal contended that he should officiate in all business transacted in the United States courts, whether sitting as federal or territorial courts. Judge Stiles issued certain writs, directed to the officer, which he found it impossible to serve. The people, instigated by the Mormon leaders, refused to obey the precepts of the court, and set at naught its authority, proclaiming that the time had come when their laws, and none others, should be enforced in Utah.

The question of jurisdiction was brought before the court, and James Ferguson, Hosea Stout, and J. C. Little, Mormon lawyers, loudly demanded that the Judge should decide in their favor. Ferguson, backed by an armed mob, told Judge Stiles, in open court, that if he dared to decide contrary to their wishes, he "would take him from the bench d—d quick"; that the boys were there to do it, and he, with others, by threats and intimidations, finally compelled the Judge to adjourn his court.

Judge Stiles then appealed to Brigham Young, as Governor of the Territory, to sustain him, and protect him in the discharge of his duties. In reply, he was coolly told that "the courts had already cost him [Brigham] too much trouble; that the boys had got their spunk up, and he would not interfere." He advised him, "if he could not sustain and enforce their [the United States] laws and institutions, the sooner he adjourned his court the better."

These proceedings had a tendency to bring the Judge into disrepute with the Mormons. Thomas Williams, a lawyer, had his office with Judge Stiles, on Main Street. Williams, though a Mormon, was an independent man, and had openly opposed Brigham on some question of politics. He had also denounced some prominent murders, and was becoming obnoxious, and even dangerous, to Brigham and his compeers. The Prophet once said to Williams's father and mother: "If Tom don't behave himself better, and stop causing me trouble, I must attend to him." Soon after, Williams apostatized, and started for California, intending to remain, and send back for his family. He met the fate of Babbitt. He was waylaid and killed by "Indians" on the Plains. It is well understood at Salt Lake that these were white Indians, and that Williams was put to death by order of the church authorities.

The records of the United States District Courts were in Judge Stiles's office. He, and Williams also, had a good many law books, which were private property. Brigham asserted that the records were suffered to "lie around loose," and suggested to the boys that they had better be cared for. This was sufficient, and "the boys" proceeded to "'tend to it." James Ferguson, Hiram B. Clawson, and several others, repaired to the office of the Judge when he was absent, and stationing one of the number to watch, they gathered up the records of the courts, first of all, and conveyed them to a fire-and-burglar-proof-safe, belonging to Young, and under the control of Clawson, who was his confidential clerk and son-in-law.

Having deposited them safely, they returned, and taking some of the Judge's papers, tore them in pieces, and scattered them over the floor, and in the direction of an outhouse. About the same time a large number of the law books found their way into the houses of certain Mormon lawyers, where they have ever since remained. They then took some of the books from the office, and placed them in the outhouse, set fire to the building, and burned it to the ground.

When Judge Stiles returned he found the office robbed, and the books and papers, as he supposed, burned.

Thus all business was suspended, and the records of the United States Courts and government property burned and stolen from the custody of the legal authorities.

Judge Stiles left Utah in the spring of 1857, and when in Washington, made affidavit to the foregoing facts. It may be well here to state that Judge S. was entirely conscientious in making his affidavit, and the prevailing impression in the community was that the records had been destroyed.

In the summer of 1855 W. W. Drummond, of Illinois, arrived in Utah, as Associate Justice of the Supreme Court. The Mormons allege that he deserted his wife, and brought with him a mistress. This caused much righteous indignation among the saints! The Judge also professed to be a warm friend and advocate of Senator Douglas, whom the Mormons hate.

When Drummond was about to hold court, he intimated that he would set aside all judgments rendered by probate Judges, and annul all their proceedings, except such as pertained to the usual and legitimate business of the probate courts. Here was a direct issue, and a conflict was inevitable.

The court being about to be held in Fillmore, a Jew was hired for $25 to quarrel with Drummond. As a part of the programme, also, he was to strike the Judge. The Jew played his part, except the blow, which, for want of opportunity or courage, was omitted. Instead of this he sent to the Judge an insulting message, by the hands of a colored "boy" belonging to Drummond. The boy was sent back with a raw hide, and instructions to "lay on" the same to the back of the Israelite, which Cuffy obeyed with much spirit. Complaint was made by the Jew to a local magistrate. A warrant was issued, and Drummond and his negro were both arrested.

The result of this émeute was a sort of compromise, in which it was understood that the Judge should not interfere with the probate courts, and he was set at liberty.

After adjourning his court at Fillmore, Drummond located in Utah County in the winter of 1856. The following summer he went to Carson to hold court for Judge Stiles. Thence he proceeded to California and to the States, and as the Mormons allege "contributed largely to the getting up of Buchanan's crusade."

CHAPTER IV.
POLITICAL HISTORY CONTINUED.—THE MORMON WAR.

Report of the Secretary of War.—Proclamation of Gov. Brigham Young declaring Martial Law.—Correspondence.—Sermons of Young and Kimball.—Proclamation of Gov. Cumming.—His Echo Canyon Adventures.—Col. Kane.—The Mormons leave Salt Lake.—Commissioners appointed by the President.—Peace restored.

By these and similar outrages the Mormons had succeeded in ridding themselves of all the federal authorities, and were really in open rebellion against the Federal Government.

As Congress was not in session, the matter was taken in hand by Floyd, Secretary of War, and President Buchanan.

After due consultation it was deemed advisable to appoint new men to all the civil offices of the Territory, and to accompany them with a military force sufficient for their protection and the enforcement of the laws. Accordingly, President Buchanan, during the summer of 1857, made the following appointments for Utah:—Governor, A. Cumming; Chief Justice, D. R. Eckels; Associate Justices, John Cradlebaugh and Charles E. Sinclair; Secretary, John Hartnett.

An army of about 3000 men was armed and equipped, and ordered to march for Utah, early in the fall of 1857.

Brevet Brigadier-General W. S. Harney was originally named as commander of this force, but it was subsequently deemed inadvisable to detach that officer from the special duties of his department in Kansas, and the troops sent to Utah were placed under the orders of Col. A. S. Johnson.

The Secretary of War, in his report, dated December 5, 1857, says:—