"These emigrants were here met by the Mormons (assisted by such of the wretched Indians of the neighborhood as they could force or persuade to join), and massacred, with the exception of such infant children as the Mormons thought too young to remember, or tell of the affair.
"The Mormons were led on by John D. Lee, then a high dignitary in the self-styled Church of Jesus Christ of Latter Day Saints, and Isaac Haight, now a dignitary in the same."
Again, after relating briefly the massacre, he says:—
"These facts were derived from children who did remember, and could tell of the matter; from Indians, and from the Mormons themselves."
9. The testimony of Hon. J. Forney, Superintendent of Indian Affairs.
In his letter to the Commissioner of Indian Affairs at Washington, dated Provo City, U. T., March, 1859, he says:—
"Facts in my possession warrant me in estimating that there was distributed, a few days after the massacre, among the leading church dignitaries, $30,000 worth of property."
Again, in another letter to the Commissioner, written from Great Salt Lake City, in August of the same year, he says:—
"From the evidence in my possession, I am justified in the declaration that this massacre was concocted by white men, and consummated by whites and Indians. The names of many of the whites engaged in this terrible affair have already been given to the proper legal authorities. . . . The children were sold out to different persons in Cedar City, Harmony, and Painter Creek. Bills are now in my possession from different individuals, asking payment from the Government. I cannot condescend to become the medium of even transmitting such claims to the Department."
The following is from the Annual Report of Superintendent Forney, made in September, 1859:—
"Mormons have been accused of aiding the Indians in the commission of this crime. I commenced my inquiries without prejudice or selfish motive, and with the hope that, in the progress of my inquiries, facts would enable me to exculpate all white men from any participation in this tragedy, and saddle the guilt exclusively on the Indians; but, unfortunately, every step in my inquiries satisfied me that the Indians acted only a secondary part. . . . White men were present, and directed the Indians. John D. Lee, of Harmony, told me in his own house, last April, in presence of two persons, that he was present three successive days during the fight, and was present during the fatal day." . . .
We close the testimony of Forney, by giving entire a letter from him to the Department at Washington,—
| "Superintendent's Office, Utah, Great Salt Lake City, September 22, 1859. |
|
"Sir,—Your letter dated July 2, in which you request me to ascertain the names of white men, if any, implicated in the Mountain Meadow massacre, reached me several weeks since, about 300 miles west of this city.
"I gave, several months ago, to the Attorney-General, and several of the United States Judges, the names of those who I believed were not only implicated, but the hell-deserving scoundrels who concocted, and brought to a successful termination the whole affair.
"The following are the names of the persons the most guilty: Isaac T. Haight, Cedar City, president of several settlements south; Bishop Smith, Cedar City; John D. Lee,[69:A] Harmony; John M. Higby, Cedar City; Bishop Davis, David Tullis, Santa Clara; Ira Hatch, Santa Clara. These were the cause of the massacre, aided by others. It is to be regretted that nothing has yet been accomplished towards bringing these murderers to justice. I remain,
"Very respectfully, your obedient servant,
"Sup't of Indian Affairs, Utah Territory.
"Hon. A. B. Greenwood,
"Commiss'r Indian Affairs, Washington, D. C."
So far as Brigham Young himself is concerned, the evidence is not so direct, but is scarcely less conclusive.
In addition to the circumstances mentioned, of his failing to report the massacre, or to make any mention of it in his public discourses, and the testimony of the Indians, already referred to; in addition also to the facts concerning the revelation sent from him,—facts communicated by one intimately acquainted with the secret history of the church; in addition to these things, if we reflect for a moment upon the framework of the Mormon Church, we will find therein still more cogent evidence.
The organization of the church is such, that no project of importance is ever undertaken without the express or implied consent of Young, who is in temporal, as well as spiritual matters, the head and source of all authority. Now here was a large train which had lately passed through the place where Young resided, and his feelings and views in relation to it would be well known to the leaders of the church. Can it for a moment be admitted, that members of a community so organized would undertake so important a project as the destruction of that train, requiring, as it did, the concerted action of forty or fifty persons, without the express or implied sanction of him who sat at the head of the community, controlling its every action?
And if such a thing can be supposed possible, would not the perpetrators be immediately called to account for assuming so much responsibility? Reason and evidence all point one way; and add this to the many other acts which stamp Brigham Young as a murderer of the deepest dye,—adding to the guilt of homicide that of blasphemy and hypocrisy.
What was the motive which prompted the act? Partly revenge. These emigrants were from Missouri and Arkansas, the scenes of the alleged injuries and persecutions of the Mormons. It was soon after the killing of Parley P. Pratt, in Arkansas, by McLane, whose wife Pratt had abducted. It was at the time, too, when the United States troops were marching to Utah, and a feeling of revenge and retaliation was prevalent, and was, as has been shown, fostered and encouraged by Brigham in his sermons.
But the principal motive was plunder. The train was a very wealthy one. The spoil of the gentile was before them, and it must be appropriated by the Lord's people.
A great portion of the property was taken to Cedar City, deposited in the tithing office, and there sold out. Forney says, in the Annual Report already quoted from,—
"Whoever may have been the perpetrators of this horrible deed, no doubt exists in my mind that they were influenced chiefly by a determination to acquire wealth by robbery."[71:A]
It is not within the scope of this work to enter into a relation of the many other murders and outrages committed by the authority or connivance of the Mormon Church. This is given as the most notable one,—"ex uno disce omnes." Those who wish to examine into these crimes more fully, are referred to the appendix to the printed speech of Judge Cradlebaugh.
The "Mormon War" having closed, the federal officers, as soon as practicable, assumed their functions, and proceeded to transact business. Federal courts were held, and the authority of the United States again, at least nominally, established in Utah.
In October, 1858, Judge Sinclair opened his court in Salt Lake City. Efforts were made to bring several noted criminals to justice, but everything failed. In the grand jury-room no indictments were found, and murderers and thieves were allowed to go "scot free."
At this term of court a motion was made to expel James Ferguson from the bar, for contempt of court. Ferguson offered to retire from the bar, which was not accepted. He then proposed to plead guilty; but the Judge said, as it was alleged that a Judge of the United States had been insulted and intimidated, when in the discharge of his official duty, it was important that the country be put in possession of the facts, and no plea of crimination or stultification should prevent an exposure.
The grand jury did, finally, in this case, make the following presentment:—
"The grand jury find, that James Ferguson, of G. S. L. City, U. T., did use language and threats calculated to intimidate Judge George P. Stiles, U. S. District Judge, while in the discharge of his official duties, and presiding as Judge of this District Court, at the February Term, 1857.
The right of trial by jury is one guaranteed by the Constitution, and with which it would be highly dangerous to interfere, except in cases of extreme necessity, involving the safety of a whole people or community. The Mormons, with their usual shrewdness, take advantage of this, and manage to control the United States Courts through the grand and petit juries. The following extracts will show how it is done.
March 2d, 1856, in his remarks, made in the Tabernacle, Jedediah M. Grant, then one of the "President's" counsellors, said:—
"Last Sunday, the President chastised some of the Apostles and Bishops, who were on the grand jury. Did he fully succeed in clearing away the fog which surrounded them, and in removing blindness from their eyes? No, for they could go to their room and again disagree; though to their credit it must be admitted that a brief explanation made them unanimous in their action."
Again, in the same connection, Grant, speaking of a trial-jury, continues,—
"Several have got into the fog, to suck and eat the filth of a gentile court; ostensibly a court in Utah."
Here is the highest evidence of the direct interference of Brigham Young with the right of trial by jury, and the prostitution of the jury-box to the accomplishment of his schemes. How could he strike a more fatal blow at our free institutions, or at the rights and liberties of American citizens who may happen to live within the sphere of his influence? For this alone he should be hurled from the defiant position he occupies, and brought to the bar of impartial justice.
Though the evidence was perfectly plain and conclusive in the case of Ferguson, he was acquitted. Comment is unnecessary.
The Judge, finding all efforts to bring criminals to justice unavailing, adjourned his court sine die.
The Mormon Legislature had never made provision for defraying the expenses of the United States Courts, while doing territorial business, though their attention had frequently been called to the necessity of so doing. Their object was to throw all the business into the probate courts; and in this they eventually succeeded, except in the court presided over by Judge Kinney,—the only one, after the "war," which acted simply as an adjunct and instrument of the church authorities.
"During the sitting of Judge Sinclair's court, the Mormon grand jury promptly found a bill of indictment against one Ralph Pike, a sergeant in Company I, of the 10th Infantry, United States Army, for an assault with intent to kill, committed upon one Howard Spencer, the son of a Mormon bishop, at the military reserve, in Rush Valley. Upon capias issued, Pike was arrested, and brought to Great Salt Lake City. The day following, August 11, 1858, about twelve o'clock, M., as Pike was entering the Salt Lake House, on Main Street, Spencer stepped up to him from behind, saying, 'Are you the man that struck me in Rush Valley?' at the same time, drawing his pistol, shot him through the side, inflicting a mortal wound. Spencer ran across the street, mounted his horse, and rode off, accompanied by several noted 'Danites.' Pike lingered in dreadful agony, two days, before he died. The 'Deseret News,' in its next issue, lauded young Spencer for his courage and bravery.
"A man by the name of Drown, brought suit upon a promissory note for $480, against the Danite captain, Bill Hickman. The case being submitted to the court, Drown obtained a judgment. A few days afterwards, Drown and a companion, named Arnold were stopping at the house of a friend in Salt Lake City, when Hickman, with some seven or eight of his band, rode up to the house, and called for Drown to come out. Drown, suspecting foul play, refused to do so, and locked the doors. The Danites thereupon dismounted from their horses, broke down the doors, and shot down both Drown and Arnold. Drown died of his wounds next morning, and Arnold a few days afterwards. Hickman and his band rode off unmolested.
"Thus, during a single term of the court, held in a Mormon community, the warm life-blood of three human victims is shed upon the very threshold of the court; and although the grand jury is in session, no prosecution is attempted, and not one of the offenders brought to justice."
Judge Cradlebaugh was assigned to the Second Judicial District, and held his first term of court in Provo City, commencing April 8th, 1859. An account of his efforts to bring to justice the Mountain Meadow and other murderers has already been given in his own language.
The following notice of this bold and energetic man is from the "Nevada Territorial Enterprise":—
"Judge Cradlebaugh, of the United States Court of Utah, is making his mark in that Territory, if half that is written of him is true. . . . . Satisfied that many of the leading Mormons had taken part in or instigated the Mountain Meadow massacre, and the murder of Jones, Potter, Forbes, Parrish, and a dozen others, he determined to bring them to punishment. . . . . He spoke and acted with the fearlessness and resolution of a Jackson; but the jury failed to indict, or even report on the charges, while threats of violence were heard in every quarter, and an attack on the troops intimated, if he persisted in his course.
"Finding that nothing could be done with the juries, they were discharged, with a scathing rebuke from the Judge. Sitting as a committing magistrate, he commenced his task alone. He examined witnesses, made arrests in every quarter, and created a consternation in the camps of the saints, greater even than was occasioned by the arrival of the troops within the walls of Zion. At last accounts, terrified elders and bishops were decamping to save their necks; and developments of the most startling character were being made, implicating the highest church dignitaries in the many murders and robberies committed upon the gentiles during the past eight years."
Governor Cumming did not sustain Judge Cradlebaugh, but, under the pretence of impartiality, sought to screen the Mormons from the demands of justice.
Hence various differences between Cumming on one side, and Johnson and Cradlebaugh on the other; and on one occasion the Governor went so far as to publish his protest against the use of the troops in aid of Cradlebaugh's proceedings.
Cumming was a native of Georgia. He had married a daughter of one of the most distinguished physicians of Boston, a lady of many accomplishments, who accompanied him to Utah.
During the dreadful reign of the cholera in 1836 he was Mayor of Augusta, Ga., and is said to have rendered efficient service in saving the lives of the citizens.
For some years he was stationed at Jefferson Barracks, Missouri. At the commencement of the Mexican war he was at Point Isabel, and afterwards on the Southern line, attached to General Scott's staff. Subsequently he was detailed by the Government to visit several tribes of Indians in the far West.
He had performed some service to the country, and was a man of many good qualities; but was very vain, and fond of attention, and was unable to withstand the seductive influences which the Mormons know so well how to bring to bear upon persons of his organization.
Cradlebaugh, finding he was not supported by Buchanan's administration, left Utah, and settled in the Territory of Nevada; whence he has been twice sent as delegate to Congress, and we look to see him, at no distant day, represent the new State of Nevada in the Senate of the United States.
In 1860 John F. Kinney was reappointed Chief Justice, succeeding Judge Eckels; and Judges Crosby and Flenniken were appointed Associate Justices, to succeed Sinclair and Cradlebaugh. Judge Cradlebaugh did not resign, and not recognizing the right of the President to remove the Judges, he continued to perform the duties of his office for some time afterward.
On the 3d of October, 1861, John W. Dawson, of Indiana, was appointed by President Lincoln as Governor of Utah, to succeed Cumming, who had left the Territory some months previous.
In the appointment of Dawson, Lincoln, to use his own language, was "imposed on." The Senate relieved him from the imposition, by refusing to confirm the appointment.
The Mormons, however, anticipated the action of the Senate, and speedily ejected Dawson from the governorship. The history of this émeute is briefly as follows:—
Dawson arrived at Salt Lake about the commencement of the session of the Legislature. Having some notions of his own concerning legislative affairs, and not yielding, like his predecessor, to all the views of Brigham Young, he soon became involved in difficulties from which he was unable to extricate himself. He had not the nerve and ability to sustain himself in his position. The Mormons saw this, and at once resolved upon, planned, and accomplished a brilliant coup d'état, similar to that practised upon Steptoe. Without going into details, the plan may be seen by the result; which was the affidavit of a widow woman named Williams, to the effect that Dawson had insulted her, by making improper advances, which, of course, she had scornfully repelled and rejected.
The indignation of the Mormons was aroused to the highest pitch by this base attempt upon Mormon virtue. Threats were made so freely, that the Governor became very much alarmed, and precipitately fled the Territory. Not satisfied with this, the "boys" waylaid him at one of the stations, and gave him a severe beating.
In contemplating this serio-comic affair, one hardly knows which most to condemn, the lawless spirit which prompted such treatment, or the timidity and weakness which would submit to it.
About the 1st of February, 1862, Judges Flenniken and Crosby left Salt Lake City, and the federal officers there immediately advised the President of the fact by telegraph, and recommended the appointment of their successors. Accordingly on the 3d of February, 1862, Thomas J. Drave, of Michigan, and Charles B. Waite, of Illinois, were appointed Associate Justices, and on the 31st of March following, Stephen S. Harding, of Indiana, was appointed Governor, to succeed Dawson.
FOOTNOTES:
[69:A] John D. Lee is an adopted son of Brigham Young.
[71:A] Several years after the massacre, Major, now General Carlton, visited that region and erected a monument to the memory of the slain. "It was constructed by raising a large pile of rock, in the centre of which was erected a beam, some twelve or fifteen feet in height. Upon one of the stones he caused to be engraved, 'Here lie the bones of one hundred and twenty men, women, and children, from Arkansas, murdered on the 10th day of September, 1857.' Upon a cross-tree, on the beam, he caused to be painted: 'Vengeance is mine, saith the Lord, and I will repay it.' This monument is said to have been destroyed the first time Brigham visited that part of the Territory."
Arrival of the New Federal Officers in July, 1862.—Colonel Connor arrives with his Command.—The Message of Gov. Harding.—The Mormons Indignant.—The Legislature refuse to print the Message.—Action of the United States Senate thereon.—Forgery in the Mormon Legislature.—Bill of Judge Waite to amend the Organic Act.—Indignation Meeting.—Governor Harding and Judges Waite and Drake requested to leave the Territory.—Their Replies.—Brigham.—The Federal Officers.
Judges Drake and Waite arrived in Salt Lake City on the 11th of July, 1862. Governor Harding had arrived a few days previous.
For several months everything passed off smoothly, and Brigham was more than once heard to say the officers now in the Territory were "good men." No circumstances occurred to develop any differences, and it was hoped by the federal officers themselves that none would arise.
In the mean time, in October of the same year, Colonel (now General) Connor marched into and through Salt Lake City with his command, and established his camp on the "bench," or high land, about three miles east of the city. His forces at that time consisted of the Third Regiment of Infantry, California Volunteers, and the Second Regiment of Cavalry, under command of Col. George S. Evans.
Some little excitement was caused by the entrance of the troops, and rumors were rife of threats having been made by the Mormons that the volunteers should never "cross the Jordan," a stream a few miles south of the city, and which was directly on their line of march. But the Jordan was crossed, the camp established, and everything went on as usual, until the meeting of the Territorial Legislature in December.
Then the pent-up fires began to break forth. The first pretext used by the Mormons for indulging in words and acts of hostility was the Message of Governor Harding to the Legislature. Therein he called the attention of the people, through their representatives, to the practice of polygamy in their midst, to the anomalous state of society it tended to establish, to its incompatibility with our free institutions, and especially to its violation of an Act of Congress recently passed.
The following are the portions of the Message which gave most offence:—
"Polygamy.
"It would be disingenuous if I were not to advert to a question which, although seemingly it has nothing to do in the premises, yet is 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 Christendom. I mean polygamy, or, if you prefer the term, plurality of wives. In approaching this delicate subject, I desire to do so in no unkind or offensive spirit; yet the institution, founded upon no written statute of your Territory, but upon custom alone, exists. . . .
"I lay it down as a sound proposition, that no community can happily exist with an institution so 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 communities by which you are surrounded must become subordinate to your customs and opinions, or, on the other hand, yours must yield to theirs. The conflict is irrepressible.
"But no matter whether this anomaly shall disappear or remain amongst you, it is your duty at least to guard it against flagrant abuses. That plurality of wives is tolerated and believed to be right, may not appear so strange; but that a mother and her daughters are allowed to fulfil the duties of wives to the same husband, or that a man could be found in all Christendom who could be induced to take upon himself such a relationship, is, perhaps, no less a marvel in morals than in matters of taste.
"The bare fact that such practices are tolerated amongst you is sufficient evidence that the human passions, whether excited by religious fanaticism or otherwise, must be restrained and subjected to laws, to which all must yield obedience. No community can long exist, without absolute social anarchy, unless so important an institution as that of marriage is regulated by law. It is the basis of our civilization, and in it the whole question of the descent and distribution of real and personal estate is involved.
"Much to my astonishment, I have not been able to find any law upon the statutes of this Territory regulating marriage. I earnestly recommend to your early consideration the passage of some law that will meet the exigencies of the people.
"Act of Congress against Polygamy.
"I respectfully call your attention to an Act of Congress, passed the 1st 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 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, merely to defy the same.
"I take this occasion to warn the people of this Territory against such dangerous and disloyal counsels. 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 submitted and settled, namely, in the courts constituted for that purpose. To forcibly resist the execution of that Act would be, to say the least, a high misdemeanor; and if a 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 counsel will prevail. If, unhappily, I am mistaken in this, I choose to shut my eyes to the consequences.
"Liberty of Conscience.
"Amongst the most cherished and sacred rights secured to the citizen of the United States, is the right to worship God according to the dictates of conscience. . . .
"Religion was left a matter between man and his Maker, and not between man and the Government.
"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 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 question, 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.
. . . "There can be no limit beyond which the mind may not dwell, and our thoughts soar in our aspirations after truth. We may think what we will, believe what we will, and speak what we will, on all subjects of speculative theology. . . . But when religious opinions assume new manifestations, and pass from the condition of mere sentiment 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 very civilization."
In the same Message, the Governor, after giving his views upon the national topics of the day, fully sustaining the Administration and the war, proceeded to discuss all the more prominent subjects of local interest in the Territory. He referred to the attempts to procure the admission of the State of Deseret into the Union,—giving it as his opinion that those attempts were premature. He referred to provisions of the Organic Act, and claimed the right to nominate to the Council all general territorial officers. These had formerly been elected by the Legislature.
He recommended a thorough revision and codification of the statutes; a change in the mode of voting; referred to the financial condition of the Territory; adverted to the Indian troubles; advised the organization of a common-school system, and closed by assuring them of his willingness and desire to work with them for the common good and welfare of the people of the Territory.
The question of polygamy was boldly met and temperately discussed in this Message, and the people warned against the consequences of disobedience to the Act of Congress. Anything less than this on the part of the Governor would have been simply a neglect of duty.
Yet the Mormons were very indignant, and professed to look upon that portion of the Message as exceedingly hostile and offensive in its character. Their religion had been attacked by the federal authorities!
It may be well here to remark, for the benefit of the tender-footed upon this subject, that polygamy is no part of the Mormon religion, so far as the same has any history, and can be distinguished from the personal edicts of Brigham Young. It is not only not permitted but explicitly condemned in the "Book of Mormon" and the "Book of Doctrines and Covenants," which are the Old and New Testaments of Mormonism. This subject is more fully examined in the last chapter of this work.
From the delivery of this Message, the treatment which the Governor received at the hands of the Mormons was entirely changed. From respect it was immediately changed to disrespect and contumely. No contemptuous treatment was too marked, no indignity was too great, to be heaped upon him, for this simple performance of his duty as a sworn officer of the United States Government.
The Message was never printed by the Legislature. The Journals did not even show that the Governor ever appeared before that body for any purpose whatever.
The fact that the Message was not published having been communicated to Washington, a resolution was introduced into the Senate of the United States on the 16th of January, 1863, instructing the Committee on Territories to inquire and report whether the publication of the Message of the Governor of the Territory of Utah to the Territorial Legislature had been suppressed, and if so by what causes, and what was the Message.
In response to this resolution Mr. Wade, chairman of the Committee, on the 13th of February, submitted a Report, accompanied by a resolution, which was adopted, that one thousand copies of the Message be printed, and sent to the Governor for distribution.
This Report of the Committee was less complimentary to the Mormons than the Message itself.
The following extracts will indicate the character of the document:—
"In pursuance of the instruction contained in this resolution, your committee have the honor to report, that they have collected all the facts, and taken all the testimony within their reach,—the substance of which, together with a copy of the Message, is herewith presented.
"These sources of information disclose the fact, that the customs which have prevailed in all our other Territories in the government of public affairs have had but little toleration in the Territory of Utah; but in their stead there appears to be, overriding all other influences, a sort of Jewish theocracy, graduated to the condition of that Territory.
"This theocracy, having a supreme head who governs and guides every affair of importance in the Church, and, practically, in the Territory, is the only real power acknowledged here, and to the extension of whose interests every person in the Territory must directly or indirectly conduce. . . .
"We have here the first exhibition, within the limits of the United States, of a Church ruling the State. . . .
"Another opinion—the subject of both public and private teaching—is, that the Government of the United States will not and ought not to stand. They make a difference between the Constitution and the Government of the United States; to the Constitution they claim to be very loyal.
. . . "Because the Governor, in his Message, has animadverted upon some of the customs of the Mormons, and has recommended that steps be taken to Americanize the same, he has given offence, and has had his Message suppressed.
"Polygamy of the most unlimited character, sanctioning the cohabitation of a man with the mother and her daughters indiscriminately, is not the only un-American thing among them.
. . . "The Message, on examination, is found to contain nothing that should give offence to any legislature willing to be governed by the laws of morality.
"It is the opinion of your Committee that the Message is an able exposition of the manners and customs of the people in that Territory, and as such, brought down the censure of the leaders of the Mormon Church, and were it not for the animadversions therein contained, it would not have been suppressed."
The printing and distribution of the Message is then recommended.
During the session of the Legislature an event occurred which caused much indignation among the federal officers, and served to render somewhat mutual the feelings of hostility which the leading saints already entertained. This was nothing less than a forgery committed in the Legislature upon a bill relating to the terms of one of the District Courts.
The Territory was divided into three judicial districts. The First, sometimes called the Provo District, comprised a number of counties carved out of the centre of the Territory. This had been assigned to Judge Drake. The Second, called the "Cotton District," was assigned to Judge Waite, and consisted of the three southernmost counties, Beaver, Iron, and Washington. The Third District, Chief Justice Kinney's, comprised the northern part of the Territory, including Salt Lake City.
On the 14th of January, 1863, the Legislature passed a bill, which was signed by the Governor, changing the county seat of Washington County from Washington to St. George, and in the same bill it was provided that the United States Court for the transaction of territorial business, should be held at St. George, on the third Monday of May. This time was the same as that provided by the law previously in force.
This was before the assignment of the Judges had been made.
After Judge Waite had been assigned to the Second District [in which many murders had been committed, and the murderers still at large], the Legislature concluded they did not want court held in that district until fall. They accordingly passed a bill, providing, among other things, for holding the court at St. George on the third Monday of October. But as they had already passed a bill fixing the term of court in May, and as the Judge preferred to hold the term in May, that being near the time when he was intending to hold court for the transaction of United States business in the same district, the Governor declined signing the second bill.
Soon after, having occasion to examine the first bill for another purpose, he went to the Secretary's office and called for the bill, and behold, the word May had been erased, and the word October inserted instead! It appeared to have been done by the same hand which had penned the body of the bill. This had been written by one of the clerks of the House of Representatives. The Governor, after signing the bill, had inadvertently returned it to the Legislature, and it had been sent from that body to the Secretary's office, where it should have been sent by the Governor. It had been recorded in that office before the forgery was discovered.
The Governor immediately caused the record to be corrected, changed the bill back from October to May, by erasing the word "October" and interlining the word "May." He then made a statement of the forgery and its detection, over his own signature, on the margin of the bill.
He then sent a special Message to the Legislature, calling their attention to the fact that a forgery had been committed; but, instead of taking steps to ferret out the guilty party, the Legislature made an issue of fact with the Governor, and endeavored to make out that it was all the time October, and that no forgery had been committed. When the matter was up in the House the second time, one member actually produced a paper which he averred was the original draft, and which had October in it. And this in the face of the fact, that five persons had seen the bill in the Governor's office when the word May was in it, and that the bill showed plainly, upon inspection, that it had been changed; the outline of the letter "y," in the word erased, being distinctly visible.
Thus the Legislature, by their collective action, implicated themselves all in the forgery.
On the 16th of January the Legislature adjourned, without printing the Governor's Message, or sending any appropriation bills for his signature.
The day following, "the Legislature of the State of Deseret" met, and commenced doing business under Brigham Young, as Governor. A Message was delivered, and all the forms of legislation gone through with; in reality, this de facto government was the only one for which the Mormons maintained even the show of respect.
The judicial system of the Territory was manifestly very defective, and as constituted under the Organic Act of 1850, as the same had been construed by the Federal Judges, was inadequate to the administration of justice.
The greatest difficulty was experienced in the formation of juries, and in the extraordinary jurisdiction assumed by the Probate Judges, all of whom were Mormons.
The jurisdiction of the Probate Court, in the words of the Organic Act, was to be "as prescribed by law." Under this provision several of the United States Judges had held that it was competent in the Legislature to confer upon the Probate Courts any jurisdiction they pleased. The Mormons, never behind in availing themselves of all advantages, had accordingly granted to the Probate Courts concurrent jurisdiction with the District Courts, in all cases civil and criminal.
Again; the juries had been selected by these courts acting with other county authorities, and it was contended that the United States Courts could only try causes before juries thus selected.
To remedy these defects, and to remove all doubt as to these complicated questions, a bill was drawn by Judge Waite, for an Act of Congress amendatory of the Organic Act of 1850. It provided for the selection of United States juries by the Marshal, under the direction of the court, as in other district and territorial courts of the United States.
The question of jurisdiction was to be settled by an express provision that the Probate Court should have no jurisdiction to try any civil action whatsoever. It was to do the usual probate business, and have a limited criminal jurisdiction, subject to appeal to the District Court. The bill also provided for an organization of the militia of the Territory, under the Governor, and contained several other wholesome and salutary provisions.
The bill was carefully drawn, and was submitted to the inspection of his associate, Judge Drake, and of Governor Harding,—Judge Kinney being absent from the Territory. It received the unqualified approval of Drake and Harding, and, with their indorsement upon it, was sent to Washington. In due time it was introduced in Congress by Senator Browning, and referred to the proper committee.
The introduction of this bill was the signal for another outbreak. The news was telegraphed to Salt Lake, and immediately Brigham called a meeting at the Tabernacle.
The meeting was held on the 3d of March 1863. Notice having been extensively circulated, some two or three thousand persons assembled, excited by exaggerated statements concerning attempts upon the part of the federal officers to "interfere with their rights."
Speeches of the most inflammatory character were made at this meeting, and the resentment and indignation of the ignorant masses of the people were excited to the highest pitch. The following will serve as a specimen of these harangues.
Elder John Taylor said:—
"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 had a right to look for a friend in our Governor, who would, at least, fairly represent us. Instead, we have had a most insidious foe, who, through misrepresentations, base insinuations, and falsehood, is seeking with all his power, privately as well as officially, not only to injure us before the Government, but as well to sap the very foundations of our civil and religious liberties; he is, in fact, in the furtherance of his unhallowed schemes, seeking to promote anarchy and rebellion, and dabbling in your blood. [Cries of 'hear, hear.'] Such, it would seem, were the Governor's feelings and intentions when he concocted his Message, and such his purposes when he read it before the Legislature. That document was not hastily written, as it shows upon its face that it had been well digested, and every word and sentence carefully weighed.
. . . "That he is the most vindictive enemy we have, is shown by the statement of our representatives at Washington.
"He is the only man, it would seem, who is industriously striving to sap the interests of our people, and to injure their reputation, and yet, as our Governor, he professes to feel a deep interest in our welfare, and to represent our wishes.
"Let us, for a short time, investigate the results of his acts, should his purposes be successful, leaving the allegations of treason from our consideration. [It was contended that the Governor and Judges had committed Treason against the Territory.]
"We have thought that we were living under a republican form of government, and had the right of franchise; that we had the privilege of voting for whom we pleased, and of thus saying whom we would have represent us; but it may be that we are laboring under a mistake, and that it is but a political illusion. We have likewise thought that if any one among us was accused of crimes, it was his privilege to be tried by a jury of his peers, among whom he had lived, who would undoubtedly be the best judges of his actions.
"We have further been of the opinion that while acting in a military capacity, when called into service to stand in defence of our country's rights, we had the right of selecting our own officers. We have always had this privilege, in accordance with republican usage; but we can do so no longer should the plotting of Governor Harding and our Honorable Judges be carried into effect. We shall be deprived of franchise, of the right of trial by an impartial jury, and shall be placed, in a military capacity, under the creatures of Governor Harding, or of his successors. In other words, we shall be forever deprived of all the rights of freemen, and placed under a military despotism; such would be the result of the passage of this Act.
"Again, in regard to juries, already referred to, you know what, as regards this matter, the usage has always been. The Governor and Judges want to place the power in the hands of the United States Marshal of selecting such jurors as he pleases, and that, too, without reference as to who they are, or whence they come. This is what is attempted to be done by our honorable Judges and Governor. Your rights as freemen, and your liberties, are aimed at; and you are to be disfranchised, and your liberties trampled under foot, by strangers, and you will have blacklegs and cut-throats sit upon your juries. Mr. Harding wants to select his own military, and have officers of his own selection to lead them, and then if you do not submit, he will have the authority to say, 'I will make you.' [Uproarious applause, and cries all over the house of 'Can't do it.'] We all know he can't do it, but this is what he is aiming at [Clapping of hands, and great cheering.] When these rights are taken away, what rights have we left? [Cries of 'None.']
"It can scarcely be credited or believed, that any man in his position could so far degrade himself as to introduce such infamous principles, and it is equally a lamentable fact to reflect upon, that men holding the high and responsible position of United States Judges could so far forget themselves as to descend to such depravity, corruption, and injustice. [Applause.] These things are so palpable, that 'he that runneth may read,' and any man with five grains of common sense can readily comprehend them. It is for you to say whether you are willing to sustain such men in the capacity they act in, or not." [Loud clapping of hands, and a universal and emphatic cry of "No!" on the part of the audience.]
Brigham Young's Speech.
At the close of Elder Taylor's speech Brigham arose, and on advancing to the speaker's desk was greeted with vociferous applause, and immediately proceeded to address the assemblage as follows:—