William A. Linn's "Story of the Mormons" Bk. 6b

THE STORY OF THE MORMONS

By William A. Linn

(1902)

Contents (With Links to All Chapters)

Bk. VI chapters on this web-page: 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | Index

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BOOK VI
[continued]

CHAPTER XVII

AFTER THE "WAR"
WITH the return of the people to their homes, the peaceful avocations of life in Utah were resumed. The federal judges received assignments to their districts, and the other federal officers took possession of their offices. Chief Justice Eckles selected as his place of residence Camp Floyd, as General Johnston's camp was named; Judge Sinclair's district included Salt Lake City, and Judge Cradlebaugh's the southern part of the state.

Judge Cradlebaugh, who conceived it to be a judge's duty to see that crime was punished, took steps at once to secure indictments in connection with the notorious murders committed during the "Reformation," and we have seen in a former chapter with what poor results. He also personally visited the Mountain Meadows, talked with whites and Indians cognizant with the massacre, and, on affidavits sworn to before him, issued warrants for the arrest of Haight, Higbee, Lee, and thirty-four others as participants therein. In order to hold court with any prospect of a practical result, a posse of soldiers was absolutely necessary, even for the protection of witnesses; but Governor Cumming, true to the reputation he had secured as a Mormon ally, declared that he saw no necessity for such use of federal troops, and requested their removal from Provo, where the court was in session; and when the judge refused to grant his request, he issued a proclamation in which he stated that the presence of the military had a tendency "to disturb the peace and subvert the ends of justice." Before this dispute had proceeded farther, General Johnston received an order from Secretary Floyd, approved by Attorney General Black, directing that in future he should instruct his troops to act as a posse comitatus only on the written application of Governor Cumming. Thus did the church win one of its first victories after the reestablishment of "peace."

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An incident in Salt Lake City at this time might have brought about a renewal of the conflict between federal and Mormon forces. The engraver of a plate with which to print counterfeit government drafts, when arrested, turned state's evidence and pointed out that the printing of the counterfeits had been done over the "Deseret Store" in Salt Lake City, which was on Young's premises. United States Marshal Dotson secured the plate, and with it others, belonging to Young, on which Deseret currency had been printed. This seemed to bring the matter so close to Young that officers from Camp Floyd called on Governor Cumming to secure his cooperation in arresting Young should that step be decided on. The governor refused with indignation to be a party to what he called "creeping through walls," that is, what he considered a roundabout way to secure Young's arrest; and, when it became rumored in the city that General Johnston would use his troops without the governor's cooperation Cumming directed Wells, the commander of the Nauvoo Legion, who had so recently been in rebellion against the government, to hold his militia in readiness for orders. Wells is quoted by Bancroft as saying that he told Cumming, "We would not let them {the soldiers} come; that if they did come, they would never get out alive if we could help it."¹ The decision of the Washington authorities in favor of Governor Cumming as against the federal judges once more restored "peace." The only sufferer from this incident was Marshal Dotson, against whom Young, in his probate court, obtained a judgment of $2600 for injury to the Deseret currency plates, and a house belonging to Dotson, renting for $500 year, was sold to satisfy this judgment, and bought in by an agent of Young.

To complete the story of this forgery, it may be added that Brewer, the engraver who turned state's evidence, was shot down in Main Street, Salt Lake City, one evening, in company with J. Johnson, a gambler who had threatened to shoot a Mormon editor. A man who was a boy at the time gave J. H. Beadle the particulars of this double murder as he received it from the person who lighted a brazier to give the assassin a sure aim.² The coroner's jury the next day found that the men shot one another!

Soon all public attention throughout the country was centered
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¹ "History of Utah," p. 573, note.
² "Polygamy," p. 192.

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in the coming conflict in the Southern states. In May, 1860, the troops at Camp Floyd departed for New Mexico and Arizona, only a small guard being left under command of Colonel Cooke. In May, 1861, Governor Cumming left Salt Lake City for the east so quietly that most of the people there did not hear of his departure until they read it in the local newspapers. He soon after appeared in Washington, and after some delay obtained a pass which permitted his passage through the Confederate lines. When the Southern rebellion became a certainty, Colonel Cooke and his force were ordered to march to the East in the autumn, after selling vast quantities of stores in Camp Floyd, and destroying the supplies and ammunition which they could not take away. Such a slaughter of prices as then occurred was, perhaps, without precedent. It was estimated that goods costing $4,000,000 brought only $l00,000. Young had preached non-intercourse with the Gentile merchants who followed the army, but he could not lose so great an opportunity as this, when, for instance, flour costing $28.40 per sack sold for 52 cents, and he invested $4,000. "For years after," says Stenhouse, "the 'regulation blue pants' were more familiar to the eye, in the Mormon settlements, than the Valley Tan Quaker gray."

When Governor Cumming left the territory, the secretary, Francis H. Wooton, became acting governor. He made himself very offensive to the administration at Washington, and President Lincoln appointed Frank Fuller, of New Hampshire, secretary of the territory in his place, and Mr. Fuller proceeded at once to Salt Lake City, where he became acting governor. Later in the year the other federal offices in Utah were filled by the appointment of John W. Dawson, of Indiana, as governor, John F. Kinney as chief justice, and R. P. Flenniken and J. R. Crosby as associate justices.

The selection of Dawson as governor was something more than a political mistake. He was the editor and publisher of a party newspaper at Fort Wayne, Indiana, a man of bad morals, and a meddler in politics, who gave the Republican managers in his state a great deal of trouble. The undoubted fact seems to be that he was sent out to Utah on the recommendation of Indiana politicians of high rank, who wanted to get rid of him, and who gave no attention whatever to the requirements of his office.

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Arriving at his post early in December, 1861, the new governor incurred the ill will of the Mormons almost immediately by vetoing a bill for a state convention passed by the territorial legislature, and a memorial to Congress in favor of the admission of the territory as a state (which Acting Governor Fuller approved). They were very glad, therefore, to take advantage of any mistake he might make; and he almost at once gave them their opportunity, by making improper advances to a woman whom he had employed to do some work. She, as Dawson expressed it to one of his colleagues, "was fool enough to tell of it," and Dawson, learning immediately that the Mormons meditated a severe vengeance, at once made preparations for his departure.

The Deseret News of January 1, 1862, in an editorial on the departure of the governor, said that for eight or ten days he had been confined to his room and reported insane; that, when he left, he took with him his physician and four guards, "to each of whom, as reported last evening, $100 is promised in the event that they guard him faithfully, and prevent his being killed or becoming qualified for the office of chamberlain in the King's palace, till he shall have arrived at and passed the eastern boundary of the territory." After indicating that he had committed an offence against a lady which, under the common law, if enforced, "would have caused him to have bitten the dust," the News added: "Why he selected the individuals named for his bodyguard no one with whom we have conversed has been able to determine. That they will do him justice, and see him safely out of the territory, there can be no doubt."

The hints thus plainly given were carried out. Beadle's account says, "He was waylaid in Weber Canon, and received shocking and almost emasculating injuries from three Mormon lads."¹ Stenhouse says: "He was dreadfully maltreated by some Mormon rowdies who assumed, 'for the fun of the thing,' to be the avengers of an alleged insult. Governor Dawson had been betrayed into an offence, and his punishment was heavy."² Mrs. Waite says that the Mormons laid a trap for the governor, as they had done for Steptoe; but the evidence indicates that, in Dawson's case, the victim was himself to blame for the opportunity he gave.

Stenhouse says that the Mormon authorities were very angry
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¹ "Polygamy," p. 195.
² "Rocky Mountain Saints," p. 592.

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because of the aggravated character of the punishment dealt out to the governor, as they simply wanted him sent away disgraced, and that they had all his assailants shot. This is practically confirmed by the Mormon historian Whitney, who says that one of the assailants was a relative of the woman insulted, and the others "merely drunken desperadoes and robbers who," he explains, "were soon afterward arrested for their cowardly and brutal assault upon the fleeing official. One of them, Lot Huntington, was shot by Deputy Sheriff O. P. Rockwell {so often Young's instrument in such cases} on January 26, 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." ¹

The departure of Governor Dawson left the executive office again in charge of Secretary Fuller. Early in 1862 the Indians threatened the overland mail route, and Fuller, having received instruction from Montgomery Blair to keep the route open at all hazards, called for thirty men to serve for thirty days. These were supplied by the Mormons. In the following April, the Indian troubles continuing, Governor Fuller, Chief Justice Kinney, and officers of the Overland Mail and Pacific Telegraph Companies united in a letter to Secretary Stanton asking that Superintendent of Indian Affairs Doty be authorized to raise a regiment of mounted rangers in the territory, with officers appointed by him, to keep open communication. These petitioners, observes Tullidge, "had overrated the federal power in Utah, as embodied in themselves, for such a service, when they overlooked ex-Governor Young" and others. ² Young had no intention of permitting any kind of a federal force to supplant his Legion. Heat once telegraphed to the Utah Delegate in Washington that the Utah militia (alias Nauvoo Legion) were competent to furnish the necessary protection. As a result of this presentation of the matter, Adjutant General L. L. Thomas, on April 28, addressed a reply to the petition for protection, not to any of the federal officers in Utah, but to "Mr. Brigham Young," saying, " By express direction of the President of the United States you are hereby authorized to raise,
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¹ "History of Utah," Vol. II, p. 38.
² Tullidge's "History of Salt Lake City," p. 252.

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arm, and equip one company of cavalry for ninety days' service."¹ The order for carrying out these instructions was placed by the head of the Nauvoo Legion, "General" Wells -- who ordered the burning of the government trains in 1857 -- in the hands of Major Lot Smith, who carried out that order!

Judges Flenniken and Crosby took their departure from the territory a month later than Dawson, and Thomas J. Drake of Michigan and Charles B. Waite of Illinois² were named as their successors, and on March 31 Stephen S. Harding of Milan, Indiana, a lawyer, was appointed governor. The new officers arrived in July.

At this time the Mormons were again seeking admission for the State of Deseret. They had had a constitution prepared for submission to Congress, had nominated Young for governor and Kimball for lieutenant governor, and the legislature, in advance, had chosen W. H. Hooper and George Q. Cannon the United States senators. But Utah was not then admitted, while, on the other hand, an anti-polygamy bill (to be described later) was passed, and signed by President Lincoln on July 2.

During the month preceding the arrival of Governor Harding, another tragedy had been enacted in the territory. Among the church members was a Welshman named Joseph Morris, who became possessed of the belief (which, as we have seen, had afflicted brethren from time to time) that he was the recipient of "revelations." One of these "revelations" having directed him to warn Young that he was wandering from the right course, he did this in person, and received a rebuke so emphatic that it quite overcame him. He betook himself, therefore, to a place called Kington Fort, on the Weber River, thirty-five miles north of Salt Lake City, and there he found believers in his prophetic gifts in the local Bishop, and quite a settlement of men and women, almost all foreigners. Young's refusal to satisfy the demand for published "revelations" gave some standing to a fanatic like Morris, who professed to supply that long-felt want, and he was
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¹ Vol. II, Series 3, p. 27, War of the Rebellion, official records.
² After leaving Utah Judge Waite was appointed district attorney for Idaho, was elected to Congress, and published "A History of the Christian Religion," and other books. His wife, author of "The Mormon Prophet," was a graduate of Oberlin College and of the Union College of Law in Chicago, a member of the Illinois bar, founder of the Chicago Law Times, and manager of the publishing firm of C. W. Waite & Co.

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so prolific in his gift that three clerks were required to write down what was revealed to him. Among his announcements were the date of the coming of Christ and the necessity of "consecrating" their property in a common fund. Having made a mistake in the date selected for Christ's appearance, the usual apostates sprang up, and, when they took their departure, they claimed the right to carry with them their share of the common effects. In the dispute that ensued, the apostates seized some Morrisite grain on the way to mill, and the Morrisites captured some apostates, and took them prisoners to Kington Fort.

Out of these troubles came the issue of a writ by Judge Kinney for the release of the prisoners, the defiance of this writ by the Morrisites, and a successful appeal to the governor for the use of the militia to enable the marshal to enforce the writ. On the morning of June 13 the Morrisites discovered an armed force, in command of General R. T. Burton, the marshal's chief deputy, on the mountain that overlooked their settlement, and received from Burton an order to surrender in thirty minutes. Morris announced a "revelation," declaring that the Lord would not allow his people to be destroyed. When the thirty minutes had expired, without further warning the Mormon force fired on the Morrisites with a cannon, killing two women outright, and sending the others to cover. But the devotees were not weak-hearted. For three days they kept up a defence, and it was not until their ammunition was exhausted that they raised a white flag. When Burton rode into their settlement and demanded Morris's surrender, that fanatic replied, "Never." Burton at once shot him dead, and then badly wounded John Banks, an English convert and a preacher of eloquence, who had joined Morris after rebelling against Young's despotism. Banks died "suddenly" that evening. Burton finished his work by shooting two women, one of whom dared to condemn his shooting of Morris and Banks, and the other for coming up to him crying.¹

The bodies of Morris and Banks were carried to Salt Lake City and exhibited there. No one -- President of the church or federal officer -- took any steps at that time to bring their murderers to justice. Sixteen years later District Attorney Van Zile
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¹ For accounts of this slaughter, see "Rocky Mountain Saints," pp. 593-606, and Beadle's "Life in Utah," pp. 413-420.

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tried Burton for this massacre, but the verdict was acquittal, as it has been in all these famous cases except that of John D. Lee.

Ninety-three Morrisites, few of whom could speak English, were arraigned before Judge Kinney and placed under bonds. In the following March seven of the Morrisites were convicted of killing members of the posse, and sentenced by Judge Kinney to imprisonment for from five to fifteen years each, while sixty-six others were fined $100 each for resisting the posse. Governor Harding immediately pardoned ail the accused, in response to a numerously signed petition. Beadle says that Bishop Wooley advised the governor to be careful about granting these pardons, as "our people feel it would be an outrage, and if it is done, they might proceed to violence;" but that Bill Hickman, the Danite captain, rode thirty miles to sign the petition, saying that he was "one Mormon who was not afraid to sign." The grand jury that had indicted the Morrisites made a presentment to Judge Kinney, in which they said, "We present his Excellency Stephen S. Harding, governor of Utah, as we would an unsafe bridge over a dangerous stream, jeopardizing the lives of all those who pass over it; or as we would a pestiferous cesspool in our district, breathing disease and death." And the chief justice assured this jury that they addressed him "in no spirit of malice," and asked them to accept his thanks "for your cooperation in the support of my efforts to maintain and enforce the law." It is to the credit of the powers at Washington that this judge was soon afterward removed.¹
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¹ Even the Mormon historian has only this to say on this subject: "Of the relative merit or demerit of the action of the United States and territorial authorities concerned in the Morrisite affair the historian does not presume to touch, further than to present the record itself and its significance." -- Tullidge, "History of Salt Lake City," p. 320.

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CHAPTER XVIII.

ATTITUDE OF THE MORMONS DURING THE SOUTHERN REBELLION
THE attitude of the Mormons toward the government at the outbreak of hostilities with the Southern states was distinctly disloyal. The Deseret News of January 2, 1861, said, "The indications are that the breach which has been effected between the North and South will continue to widen, and that two or more nations will be formed out of the fragmentary portions of the once glorious republic." The Mormons in England had before that been told in the Millennial Star (January 28, 1860) that "the Union is now virtually destroyed." The sermons in Salt Lake City were of the same character. "General" Wells told the people on April 6, 1861, that the general government was responsible for their expulsion from Missouri and Illinois, adding: "So far as we are concerned, we should have been better without a government than such a one. I do not think there is a more corrupt government upon the face of the earth."¹ Brigham Young on the same day said: "Our present President, what is his strength? It is like a rope of sand, or like a rope made of water. He is as weak as water.... I feel disgraced in having been born under a government that has so little power, disposition and influence for truth and right. Shame, shame on the rulers of this nation. I feel myself disgraced to hail such men as my countrymen."²

Elder G. A. Smith, on the same occasion, railing against the non-Mormon clergy, said, "Mr. Lincoln now is put into power by that priestly influence; and the presumption is, should he not find his hands full by the secession of the Southern States, the spirit of priestly craft would force him, in spite of his good wishes and
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¹ Journal of Discourses, Vol. VIII, pp. 373-374.
² Ibid., Vol. IX, p. 4.

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intentions, to put to death, if it was in his power, every man that believes in the divine mission of Joseph Smith."¹ On August 31, 1862, Young quoted Smith's prediction of a rebellion beginning in South Carolina, and declared that "the nation that has slain the prophet of God will be broken in pieces like a potter's vessel," boasting that the Mormon government in Utah was "the best earthly government that was ever framed by man."

Tullidge, discussing in 1876 the attitude of the Mormon church toward the South, said: --

"With the exception of the slavery question and the policy of secession, the South stood upon the same ground that Utah had stood upon just previously.... And here we reach the heart of the Mormon policy and aims. Secession is not in it. Their issues are all inside the Union. The Mormon prophecy is that that people are destined to save the Union and preserve the constitution.... The North, which had just risen to power through the triumph of the Republican party, occupied the exact position toward the South that Buchanan's administration had held toward Utah. And the salient points of resemblance between the two cases were so striking that Utah and the South became radically associated in the Chicago platform that brought the Republican party into office. Slavery and polygamy -- these 'twin relics of barbarism' -- were made the two chief planks of the party platform. Yet neither of these were the real ground of the contest. It continues still, and some of the soundest men of the times believe that it will be ultimately referred in a revolution so general that nearly every man in America will become involved in the action.... The Mormon view of the great national controversy, then, is that the Southern States should have done precisely what Utah did, and placed themselves on the defensive ground of their rights and institutions as old as the Union. Had they placed themselves under the political leadership of Brigham Young, they would have triumphed, for their cause was fundamentally right; their secession alone was the national crime." ²

Knowledge of the spirit which animated the Saints induced the Secretary of War to place them under military supervision, and in May, 1862, the Third California Infantry and a part of the Second California Cavalry were ordered to Utah. The commander of this force was Colonel P. E. Connor, who had a fine record in the Mexican War, and who was among the first, at the outbreak of the Rebellion, to tender his services to the government in California, where he was then engaged in business. On assuming command of the military district of Utah, which included Utah and Nevada, Colonel
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¹ Journal of Discourses, Vol. IX, p. 18.
² Tullidge's "Life of Brigham Young," Chap. 24.

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Connor issued an order directing commanders of posts, camps, and detachments to arrest and imprison, until they took the oath of allegiance, "all persons who from this date shall be guilty of uttering treasonable sentiments against the government," adding, "Traitors shall not utter treasonable sentiments in this district with impunity, but must seek some more genial soil, or receive the punishment they so richly deserve."

When Connor's force arrived at Fort Crittenden (the Camp Floyd of General Johnston), the Mormons supposed that it would make its camp there. Persons having a pecuniary interest in there occupation of the old site, where they wanted to sell to the government the buildings they had bought for a song, tried hard to induce Colonel Connor to accept their view, even warning him of armed Mormon opposition to his passage through Salt Lake City. But he was not a man to be thus deterred. Among the rumors that reached him was one that Bill Hickman, the Danite chief, was offering to bet $500 in Salt Lake City that the colonel could not cross the river Jordan. Colonel Connor is said to have sent back the reply that he "would cross the river Jordan if hell yawned below him."

On Saturday, October 18, Connor marched twenty miles toward the Mormon capital, and the next day crossed the Jordan at 2 P. M., without finding a person in sight on the eastern shore. The command, knowing that the Nauvoo Legion outnumbered them vastly, and ignorant of the real intention of the Mormon leaders, advanced with every preparation to meet resistance. They were, as an accompanying correspondent expressed it, "six hundred miles of sand from reinforcements." The conciliatory policy of so many federal officers in Utah would have induced Colonel Connor to march quietly around the city, and select some place for his camp where it would not offend Mormon eyes. What he did do was to halt his command when the city was two miles distant, form his column with an advance guard of cavalry and a light battery, the infantry and commissary wagons coming next, and in this order, to the bewilderment of the Mormon authorities, march into the principal street, with his two bands playing, to Emigrants' Square, and so to Governor Harding's residence.

The only United States flag displayed on any building that day was the governor's. The sidewalks were packed with men, women,

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and children, but not a cheer was heard. In front of the governor's residence the battalion was formed in two lines, and the governor, standing in the buggy in which he had ridden out to meet them, addressed them, saying that their mission was one of peace and security, and urging them to maintain the strictest discipline. The troops, Colonel Connor leading, gave three cheers for the country and the flag, and three for Governor Harding, and then took up their march to the slope at the base of Wahsatch Mountain, where the Camp Douglas of to-day is situated. This camp was in sight of the Mormon city, and Young's residence was in range of its guns. Thus did Brigham's will bend before the quiet determination of a government officer who respected his government's dignity.

But the Mormon spirit was to be still further tested. On December 8 Governor Harding read his first message to the territorial legislature. It began with a tribute to the industry and enterprise of the people; spoke of the progress of the war, and of the application of the territory for statehood, and in this connection said, "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." He declared that the demand for statehood should not be entertained unless it was "clearly shown that there is a sufficient population" and "that the people are loyal to the federal government and the laws." He recommended the taking of a correct census to settle the question of population.

All these utterances were gall and wormwood to a body of Mormon lawmakers, but worse was to come. Congress having passed an act "to prevent and punish the practice of polygamy in the territories," the governor naturally considered it his duty to call attention to the matter. Prevising that he desired to do so "in no offensive manner or unkind spirit," he pointed out that the practice was founded on no territorial law, resting merely on custom; and laid, down the principle 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 countries having the same spirit." He spoke of the marriage of a mother and her daughter to the same man as

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"no less a marvel in morals than in matters of taste," and warned them against following the recommendation of high church authorities that the federal law be disregarded. This message, according to the Mormon historian, was "an insult offered to their representatives."¹

These representatives resented the "insult " by making no reference in the journal to the reading of the message, and by failing to have it printed. When this was made known in Washington, the Senate, on January 16, 1863, called for a report by the Committee on Territories concerning the suppression of the message, and they got one from its chairman, Benjamin Wade, pointing out that Utah Territory was in the control of "a sort of Jewish theocracy," affording "the first exhibition, within the limits of the United States, of a church ruling the state," and declaring that the governor's message contained "nothing that should give offence to any legislature willing to be governed by the laws of morality," closing with a recommendation that the message be printed by Congress. The territorial legislature adjourned on January 16 without sending to Governor Harding for his approval a single appropriation bill, and the next day the so-called legislature of the State of Deseret met and received a message from the state governor, Brigham Young.

Next the new federal judges came under Mormon displeasure. We have seen the conflict of jurisdiction existing between the federal and the so-called probate courts and their officers. Judge Waite perceived the difficulties thus caused as soon as he entered upon his duties, and he sent to Washington an act giving the United States marshal authority to select juries for the federal courts, taking from the probate courts jurisdiction in civil actions, and leaving them a limited criminal jurisdiction subject to appeal to the federal court, and providing for a reorganization of the militia under the federal governor. Bernhisel and Hooper sent home immediate notice of the arrival of this bill in Washington.

Now, indeed, it was time for Brigham to "bend his finger." If a governor could openly criticise polygamy, and a judge seek to undermine Young's legal and military authority, without a protest, his days of power were certainly drawing to a close. Accordingly, a big mass-meeting was held in Salt Lake City on March 3, 1863, "for the purpose of investigating certain acts of several of the United
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¹ Tullidge's "History of Salt Lake City," p. 305.

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States officials in the territory." Speeches were made by John Taylor and Young, in which the governor and judges were denounced.¹ A committee was appointed to ask the governor and two judges to resign and leave the territory, and a petition was signed requesting President Lincoln to remove them, the first reason stated being that "they are strenuously endeavoring to create mischief, and stir up strife between the people of the territory and the troops in Camp Douglas." The meeting then adjourned, the band playing the "Marseillaise."

The committee, consisting of John Taylor, J. Clinton, and Orson Pratt, called on the governor and the judges the next morning, and met with a flat refusal to pay any attention to the mandate of the meeting. "You may go back and tell your constituents," said Governor Harding, "that I will not resign my office, and will not leave this territory, until it shall please the President to recall me. I will not be driven away. I may be in danger in staying, but my purpose is fixed." Judge Drake told the committee that he had a right to ask Congress to pass or amend any law, and that it was a special insult for him, a citizen, to be asked by Taylor, a foreigner, to leave any part of the Republic. "Go back to Brigham Young, your master," said he, "that embodiment of sin, shame, and disgust, and tell him that I neither fear him, nor love him, nor hate him -- that I utterly despise him. Tell him, whose tools and tricksters you are, that I did not come here by his permission, and that I will not go away at his desire nor by his direction.... A horse thief or a murderer has, when arrested, a right to speak in court; and, unless in such capacity or under such circumstances, don't you even dare to speak to me again." Judge Waite simply declined to resign because to do so would imply "either that I was sensible of having done something wrong, or that I was afraid to remain at my post and perform my duty."²

As soon as the action of the Mormon mass-meeting became known at Camp Douglas, all the commissioned officers there signed a counter petition to President Lincoln, "as an act of duty we owe our government," declaring that the charge of inciting trouble between the people and the troops was "a base and unqualified falsehood," that the accused officers had been "true and
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¹ Reported in Mrs. Waite's "Mormon Prophet," pp. 98-102.
² Text of replies in Mrs. Waite's "Mormon Prophet," pp. 107-109.

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faithful to the government," and that there was no good reason for their removal.

Excitement in Salt Lake City now ran high. Young, in a violent harangue in the Tabernacle on March 8, after declaring his loyalty to the government, said, "Is there anything that could be asked that we would not do? Yes. Let the present administration ask us for a thousand men, or even five hundred, and I'd see them d -- d first, and then they could not have them. What do you think of that?' (Loud cries of 'Good, Good,' and great applause.)"¹

Young expected arrest, and had a signal arranged by which the citizens would rush to his support if this was attempted. A false alarm of this kind was given on March 9, and in an hour two thousand armed men were assembled around his house.² Steptoe, who in an earlier year had declined the governorship of the territory and petitioned for Young's reappointment, took credit for what followed in an article in the Overland Monthly for December, 1896. Being at Salt Lake City at the time, he suggested to Wells and other leaders that they charge Young with the crime of polygamy before one of the magistrates, and have him arraigned and admitted to bail, in order to place him beyond the reach of the military officers. The affidavit was sworn to before the compliant Chief Justice Kinney by Young's private secretary, was served by the territorial marshal, and Young was released in $5000 bail. Colonel Connor was informed of this arrest before he arrived in the city, and retraced his steps; the citizens dispersed to their homes; the grand jury found no indictment against Young, and in due time he was discharged from his recognizance.

In the meantime," says a Mormon chronicler, "our 'outside' friends in this city telegraphed to those interested in the mail³ and
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¹ Correspondence of the Chicago Tribune.
² "On the inside of the high walls surrounding Brigham's premises scaffolding was hastily erected in order to enable the militia to fire down upon the passing volunteers. The houses on the route which occupied a commanding position where an attack could be made upon the troops were taken possession of, and the small cannon brought out." -- "Rocky Mountain Saints," p. 604."
³ The first Pony Express left Sacramento and St. Joseph, Missouri, on April 3, 1860. Major General M. B. Hazen in an official letter dated February, 1807 (House Misc. Doc. No. 75, 2d Session, 39th Congress), said: "Ben Holiday I believe to be the only outsider acceptable to those people, and to benefit himself I believe he would throw the whole weight of his influence in favor of Mormonism. By the terms of his contract to

--------     550     THE STORY OF THE MORMONS       --------

telegraph lines that they must work for the removal of the troops, Governor Harding, and Judges Waite and Drake, otherwise there would be 'difficulty,' and the mail and telegraph lines would be destroyed. Their moneyed interest has given them great energy in our behalf."¹ This "work" told Governor Harding was removed, leaving the territory on June 11 and, as proof that this was due to "work" and not to his own incapacity, he was made Chief Justice of Colorado Territory.² With him were displaced Chief Justice Kinney and Secretary Fuller.³ Judges Waite and Drake wrote to the President that it would take the support of five thousand men to make the federal courts in Utah effective. Waite resigned in the summer of 1863. Drake remained, but his court did practically no business.

Lincoln's policy, as he expressed it then, was, "I will let the Mormons alone if they will let me alone."⁴ He had war enough on his hands without seeking any diversion in Utah. J. D. Doty, the superintendent of Indian affairs, succeeded Harding as governor, Amos Reed of Wisconsin became secretary, and John Titus of Philadelphia chief justice. Affairs in Utah now became more quiet. General Connor (he was made a brigadier general for his service in the Bear River Indian campaign in 1862-1863) yielded nothing to Mormon threats or demands. A periodical called the Union Vidette, published by his force, appeared in November, 1863, and in it was printed a circular over his name, expressing belief in the existence of rich veins of gold, silver, copper, and other metals in the territory, and promising the fullest protection to miners and prospectors; and the beginning of the mining interests there dated from the picking up of a piece of ore by a lady member of the camp while attending a
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carry the mails from the Missouri to Utah, all papers and pamphlets for the news-dealers, not directed to subscribers, are thrown out. It looks very much like a scheme to keep light out of that country, nowhere so much needed."
¹ D. O. Calder's letter to George Q. Cannon, March 13, 1863, in Millennial Star.
² "Every attempt was made to seduce him from the path of duty, not omitting the same appliances which had been brought to bear upon Steptoe and Dawson, but all in vain." -- "The Mormon Prophet," p. 109.
³ Whitney, the Mormon historian, says that while the President was convinced that Harding was not the right man for the place," he doubtless believed that there was more or less truth in the charges of 'subserviency' to Young made by local anti-Mormons against Chief Justice Kinney and Secretary Fuller. He therefore removed them as well." -- "History of Utah," Vol. II, p. 103.
⁴ Young's letter to Cannon, "History of Salt Lake City," p. 325.

--------               DURING THE SOUTHERN REBELLION               551   --------

picnic party. Although the Mormons had discouraged mining as calculated to cause a rush of non-Mormon residents, they did not show any special resentment to the general's policy in this respect. With the increasing evidence that the Union cause would triumph, the church turned its face toward the federal government. We find, accordingly, a union of Mormons and Camp Douglas soldiers in the celebration of Union victories on March 4, 1865, with a procession and speeches, and, when General Connor left to assume command of the Department of the Platte, a ball in his honor was given in Salt Lake City; and at the time of Lincoln's assassination church and government officers joined in services in the Tabernacle, and the city was draped in mourning.

-------- [ 552 ] --------

CHAPTER XIX

EASTERN VISITORS TO SALT LAKE CITY -- UNPUBLISHED MURDERS
IN June, 1865, a distinguished party from the East visited Salt Lake City, and their visit was not without public significance. It included Schuyler Colfax, Speaker of the House of Representatives, Lieutenant Governor Bross of Illinois, Samuel Bowles, editor of the Springfield (Massachusetts) Republican, and A. D. Richardson of the staff of the New York Tribune. Crossing the continent was still effected by stage-coach at that time, and the Mormon capital had never been visited by civilians so well known and so influential. Mr. Colfax had stated publicly that President Lincoln, a short time before his death, had asked him to make a thorough investigation of territorial matters, and his visit was regarded as semi-official. The city council formally tendered to the visitors the hospitality of the city, and Mr. Bowles wrote that the Speaker's reception "was excessive if not oppressive."

In an interview between Colfax and Young, during which the subject of polygamy was brought up by the latter, he asked what the government intended to do with it, now that the slavery question was out of the way. Mr. Colfax replied with the expression of a hope that the prophets of the church would have a new "revelation" which would end the practice, pointing out an example in the course of Missouri and Maryland in abolishing slavery, without waiting for action by the federal government. "Mr. Young," says Bowles, "responded quietly and frankly that he should readily welcome such a revelation; that polygamy was not in the original book of the Mormons; that it was not an essential practice in the church, but only a privilege and a duty, under special command of God."¹

It is worth while to note Mr. Bowles's summing up of his observations
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¹ "Across the Continent," p. 111.

--------             EASTERN VISITORS TO SALT LAKE CITY             553   --------

of Mormondom during this visit. "The result," he wrote, "of the whole experience has been to increase my appreciation of the value of their material progress 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 (sic), and industry they have 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."¹ These were the expressions of a leading journalist, thought worthy to be printed later in book form, on a church system and church officers about which he had gathered his information during a few hours' visit, and concerning which he was so fundamentally ignorant that he called their Bible -- whose title is, "Book of Mormon" -- "book of the Mormons!" It is reasonably certain that he had never read Smith's "revelations," doubtful if he was acquainted with even the framework of the Mormon Bible, and probable that he was wholly ignorant of the history of their recent "Reformation." Many a profound opinion of Mormonism has been founded on as little opportunity for accurate knowledge.²

The Eastern visitors soon learned, however, how little intention the Mormon leaders had to be cajoled out of polygamy. Before Mr. Bowles's book was published, he had to add a supplement, in which he explained that "since our visit to Utah in June, the leaders among the Mormons have repudiated their professions of loyalty to the government, and denied any disposition to yield the issue of polygamy." Tullidge sneers at Colfax "for entertaining for a while the pretty plan" of having the Mormons give up polygamy as the Missourians did slavery. The Deseret News, soon after the Colfax party left the territory, expressed the real Mormon view on this subject, saying: --
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¹ "Across the Continent," p. 106.
² As another illustration of the value of observations by such transient students may be cited the following, from Sir Charles Wentworth Dilke's "Greater Britain," Vol. I, p. 148: "Brigham's deeds have been those of a sincere man. His bitterest opponents cannot dispute the fact that, in 1844, when Nauvoo was about to be deserted owing to attacks by a ruffianly mob, Brigham Young rushed to the front and took command. To be a Mormon leader was then to be the leader of an outcast people, with a price set on his head, in a Missouri country in which almost every man who was not a Mormon was by profession an assassin."

--------     554     THE STORY OF THE MORMONS       --------

"As a people we view every revelation from the Lord as sacred. Polygamy was none of our seeking. It came to us from Heaven, and we recognized it, and still do, the voice of Him whose right it is not only to teach us, but to dictate and teach all men.... They {Gentiles} talk of revelations given, and of receiving counter revelations to forbid what has been commanded, as if man was the sole author, originator, and designer of them.... Do they wish to brand a whole people with the foul stigma of hypocrisy, who, from their leaders to the last converts that have made the dreary journey to these mountain wilds for their faith, have proved their honesty of purpose and deep sincerity of faith by the most sublime sacrifices? Either that is the issue of the irreasoning, or they imagine that we serve and worship the most accommodating Deity ever dreamed of in the wildest vagaries of the most savage polytheist."

This was a perfectly consistent statement of the Mormon position, a simple elaboration of Young's declaration that, to give up belief in Smith as a prophet, and in his "revelations," would be to give up their faith. Just as truly, any later "revelation," repealing the one concerning polygamy, must be either a pretence or a temporary expedient, in orthodox Mormon eyes. The Mormons date the active crusade of the government against polygamy from the return of the Colfax party to the East, holding that this question did not enter into the early differences between them and the government.¹

In the year following Colfax's visit, there occurred in Utah two murders which attracted wide notice, and which called attention once more to the insecurity of the life of any man against whom the finger of the church was crooked. The first victim was O. N. Brassfield, a non-Mormon, who had the temerity to marry, on March 20, 1866, the second polygamous wife of a Mormon while the husband was in Europe on a mission. As he was entering his house in Salt Lake City, on the third day of the following month, he was shot dead. An order that had been given to disband the volunteer troops still remaining in the territory was countermanded from Washington, and General Sherman, then commander of that department, telegraphed to Young that he hoped to hear of no more murders of Gentiles in Utah, intimating that, if he did, it would be easy to reenlist some of the recently discharged volunteers and march them through the territory.

The second victim was Dr. J. King Robinson, a young man who had come to Utah as assistant surgeon of the California volunteers,
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¹ Tullidge's "History of Salt Lake City," p. 358.

--------             EASTERN VISITORS TO SALT LAKE CITY             555   --------

married the daughter of a Mormon whose widow and daughters had left the church, and taken possession of the land on which were some well-known warm springs, with the intention of establishing there a sanitarium. The city authorities at once set up a claim to the warm springs property, a building Dr. Robinson had erected there was burned, and, as he became aggressive in asserting his legal rights, he was called out one night, ostensibly to set a broken leg, knocked down, and shot dead. The audacity of this crime startled even the Mormons, and the opinion has been expressed that nothing more serious than a beating had been intended. There was an inquest before a city alderman, at which some non-Mormon lawyers and judges Titus and McCurdy were asked to assist. The chief feature of this hearing was the summing up by Ex-Governor J. B. Weller, of California, in which he denounced such murders, asked if there was not an organized influence which prevented the punishment of their perpetrators, and confessed that the prosecution had not been permitted "to lift the veil, and show the perpetrators of this horrible murder."¹

General W. B. Hazen, in his report of February, 1867, said of these victims:

"There is no doubt of their murder from Mormon church influences, although I do not believe by direct command. Principles are taught in their churches which would lead to such murders. 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 at Camp Douglas to arrest and send to the state's prison at Jefferson City, Mo., beginning at the head of the list, man for man here after 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"²

Had this policy been adopted, Mormon prisoners would soon have started East, for very soon afterward three other murders of the same character occurred, although the victims were not so prominent.³ Chief Justice Titus incurred the hatred of the Mormons by determined, if futile, efforts to bring offenders in such cases to justice, and to show their feeling they sent him a nightgown ten feet long, at the hands of a negro.
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¹ Text in "Rocky Mountain Saints," Appendix I.
² Mis. House Doc. No. 75, 2d Session, 39th Congress.
³ See note 70, p. 628, Bancroft's "History of Utah."

--------     556     THE STORY OF THE MORMONS       --------

When, in July, 1869, a delegation from Illinois, that included Senator Trumbull, Governor Oglesby, Editor Medill of the Chicago Tribune, and many members of the Chicago Board of Trade, visited Salt Lake City, they were welcomed by and affiliated with the Gentile element;¹ and when, in the following October, Vice President Colfax paid a second visit to the city, he declined the courtesies tendered to him by the city officers.² He made an address from the portico of the Townsend House, of which polygamy was the principle feature, and was soon afterward drawn into a newspaper discussion of the subject with John Taylor.
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¹ In an interview between Young and Senator Trumbull during this visit (reported in the Alta California), the following conversation took place: --

"Young -- We can take care of ourselves. Cumming was good enough in his way, for you know he was simply Governor of the Territory, while I was and am Governor of the people."

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

"Young -- Well-yes -- we intend to."

"Senator Trumbull -- But may I say to him that you will do so?"

"Young -- Yes, yes; so far as the laws are just, certainly."

² "Mr. Colfax politely refused to accept the proffered courtesies of the city. Brigham was reported to have uttered abusive language in the Tabernacle towards the Government and Congress, and to have charged the President and Vice President with being drunkards. One of the Aldermen who waited upon Mr. Colfax to tender to him the hospitality of the city could only say that he did not hear Brigham say so." -- "Rocky Mountain Saints," p. 638.

-------- [ 557 ] --------

CHAPTER XX

GENTILE IRRUPTION AND MORMON SCHISM
THE end of the complete seclusion of the Mormon settlement in Utah from the rest of the country -- complete except so far as it was interrupted by the passage through the territory of the California emigration -- dates from the establishment of Camp Floyd, and the breaking up of that camp and the disposal of its accumulation of supplies, which gave the first big impetus to mercantile traffic in Utah.¹ Young was ever jealous of the mercantile power, so openly jealous that, as Tullidge puts it, "to become a merchant was to antagonize the church and her policies, so that it was almost illegitimate for Mormon men of enterprising character to enter into mercantile pursuits." This policy naturally increased the business of non-Mormons who established themselves in the city, and their prosperity directed the attention of the church authorities to them, and the pulpit orators hurled anathemas at those who traded with them. Thus Young, in a discourse, on March 28, 1858, urging the people to use home-made material, said: "Let the calicoes lie on the shelves and rot. I would rather build buildings every day and burn them down at night, than have traders here communing with our enemies outside, and keeping up a hell all the time, and raising devils to keep it going. They brought their hell with them. We can have enough of our own without their help."² A system of espionage, by means of the city police, was kept on the stores of non-Mormons, until it
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¹ "The community had become utterly destitute of almost everything necessary to their social comfort. The people were poorly clad, and rarely ever saw anything on their tables but what was prepared from flour, corn, beet-molasses, and the vegetables and fruits of their gardens.... It was at Camp Floyd, indeed, where the principal Utah merchants and businessmen of the second decade of our history may be said to have laid the foundation of their fortunes, among whom were the Walker Brothers." -- Tullidge, "History of Salt Lake City," pp. 246-247.
² Journal of Discourses, Vol. VII, p. 45.

--------     558     THE STORY OF THE MORMONS       --------

required courage for a Mormon to make a purchase in one of these establishments. To trade with an apostate Mormon was, of course, a still greater offence.

Among the mercantile houses that became strong after the establishment of Camp Floyd was that of Walker Brothers. There were four of them, Englishmen, who had come over with their mother, and shared in the privations of the early Utah settlement. Possessed of practical business talent and independence of thought, they rebelled against Young's dictatorial rule and the varied trammels by which their business was restricted. Without openly apostatizing, they insisted on a measure of independence. One manifestation of this was a refusal to contribute one-tenth of their income as a tithe for the expenditure of which no account was rendered. One year, when asked for their tithe, they gave the Bishop of their ward a check for $500 as "a contribution to the poor." When this form of contribution was reported to Young, he refused to accept it, and sent the brothers word that he would cut them off from the church unless they paid their tithe in the regular way. Their reply was to tear up the check and defy Young.

The natural result followed. Brigham and his lieutenants waged an open war on these merchants, denouncing them in the Tabernacle, and keeping policemen before their doors. The Walkers, on their part, kept on offering good wares at reasonable prices, and thus retained the custom of as many Mormons as dared trade with them openly, or could slip in undiscovered. Even the expedient of placing a sign bearing an "all-seeing eye" and the words "Holiness to the Lord" over every Mormon trader's door did not steer away from other doors the Mormon customers who delighted in bargains. But the church power was too great for any one firm to fight. Not only was a business man's capital in danger in those times, when the church was opposed to him, but his life was not safe. Stenhouse draws this picture of the condition of affairs in 1866: --

"After the assassination of Dr. Robinson, fears of violence were not unnatural, and many men who had never before carried arms buckled on their revolvers. Highly respectable men in Salt Lake City forsook the sidewalks after dusk, and, as they repaired to their residences, traversed the middle of the public street, carrying their revolvers in their hands.

With such a feeling of uneasiness, nearly all the non-Mormon merchants joined in a letter to Brigham Young, offering, if the church would purchase their

------           GENTILE IRRUPTION AND MORMON SCHISM           559  ------

goods and estates at twenty five percent less than their valuation, they would leave the Territory. Brigham answered them cavalierly that he had not asked them to come into the Territory, did not ask them to leave it, and that they might stay as long as they pleased.

"It was clear that Brigham felt himself master of the situation, and the merchants had to bide their time, and await the coming change that was anticipated from the completion of the Pacific Railroad. As the great iron way approached the mountains, and every day gave greater evidence of its being finished at a much earlier period than was at first anticipated, the hope of what it would accomplish nerved the discontented to struggle with the passing day."¹

The Mormon historian incorporates these two last paragraphs in his book, and says: "Here is at once described the Gentile and apostate view of the situation in those times, and, confined as it is to the salient point, no lengthy special argument in favor of President Young's policies could more clearly justify his mercantile cooperative movement. It was the moment of life or death to the temporal power of the church.... The organization of Z. C. M. I. at that crisis saved the temporal supremacy of the Mormon commonwealth."² It was to meet outside competition with a force which would be invincible that Young conceived the idea of Zion's Cooperative Mercantile Institution, which was incorporated in 1869, with Young as president. In carrying out this idea no opposing interest, whether inside the church or out of it, received the slightest consideration. "The universal dominance of the head of the church is admitted," says Tullidge, "and in 1868, before the opening of the Utah mines and the existence of a mixed population, there was no commercial escape from the necessities of a combination."³

Young is said to have received the idea of the big Cooperative enterprise from a small trader who asked permission to establish a mercantile system on the Cooperative plan, of moderate dimensions, throughout the territory. He gave it definite shape at a meeting of merchants in October, 1868, which was followed by a circular explaining the scheme to the people. A preamble asserted "the impolicy of leaving the trade and commerce of this territory to be conducted by strangers." The constitution of the concern provided
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¹ "Rocky Mountain Saints," p. 625.
² Tullidge's "History of Salt Lake City," p. 385.
³ Cooperation is as much a cardinal and essential doctrine of the Mormon church as baptism for the remission of sin." -- Tullidge, "History of Salt Lake City."

--------     560     THE STORY OF THE MORMONS       --------

for a capital of $3,000,000 in $100 shares. Young's original idea was to have all the merchants pool their stocks, those who found no places in the new establishment to go into some other business, -- farming for instance, -- renting their stores as they could. Of course this meant financial ruin to the unprovided for, and the opposition was strong. But Young was not to be turned from the object he had in view. One man told Stenhouse that when he reported to Young that a certain merchant would be ruined by the scheme, and would not only be unable to pay his debts, but would lose his homestead, Young's reply was that the man had no business to get into debt, and that "if he loses his property it serves him right." Tullidge, in an article in Harpers Magazine for September, 1871 (written when he was at odds with Young), said, "The Mormon merchants were publicly told that all who refused to join the cooperation should be left out in the cold; and against the two most popular of them the Lion of the Lord roared, 'If Henry Lawrence don't mind what's he's about I'll send him on a mission, and W. S. Godbe I'll cut off from the church.'" After the organization of the concern in 1869 some of the leading Mormon merchants in Salt Lake City sold their goods to it on favorable terms, knowing that the prices of their stock would go down when the opening of the railroad lowered freight rates. The Z. C. M. I. was started as a wholesale and retail concern, and Young recommended that ward stores be opened throughout the city which should buy their goods of the Institution. Local cooperative stores were also organized throughout the territory, each of which was under pressure to make its purchases of the central concern. Branches were afterward established at Ogden, at Logan, and at Soda Springs, Idaho, and a large business was built up and is still continued.¹ The effect of this new competition on the non-Mormon establishments was, of course, very serious. Walker Brothers' sales, for instance, dropped $5000 or $6000 a month, and only the
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¹ Bancroft says that in 1883 the total sales of the Institution exceeded $4,000,000, and a half yearly dividend of five per cent was paid in October of that year, and there was a reserve fund of about $125,000; he placed the sales of the Ogden branch, in 1883, at about $800,000, and of the Logan branch at about $600,000. The thirty-second annual statement of the Institution, dated April 5,1901, contains the following figures: Capital stock, $1,077,144.89; reserve, $362,898.95; undivided profits, $179,042.88; cash receipts, February 1 to December 31, 1900, $3,457,624.44, sales for the same period, $3,489.571.84. The branch houses named is this report are at Ogden City and Provo, Utah, and at Idaho Falls, Idaho.

------           GENTILE IRRUPTION AND MORMON SCHISM           561  ------

opportunity to divert their capital profitably to mining saved them and others from immediate ruin.

But at this time an influence was preparing to make itself felt in Utah which was a more powerful opponent of Brigham Young's authority than any he had yet encountered. This influence took shape in what was known as the "New Movement," and also as "The Reformation." Its original leaders were W. S. Godbe and E. L. T. Harrison. Godbe was an Englishman, who saw a good deal of the world as a sailor, embraced the Mormon faith in his own country when seventeen years of age, and walked most of the way from New York to Salt Lake City in 1851. He became prominent in the Mormon capital as a merchant, making the trip over the plains twenty-four times between 1851 and 1859. Harrison was an architect by profession, a classical scholar, and a writer of no mean ability.

With these men were soon associated Eli B. Kelsey, a leading elder in the Mormon church, a president of Seventies, and a prominent worker in the English missions; H. W. Lawrence, a wealthy merchant who was a Bishop's counsellor; Amasa M. Lyman, who had been one of the Twelve Apostles and was acknowledged to be one of the most eloquent preachers in the church; W. H. Sherman, a prominent elder and a man of literary ability, who many years later went back to the church; T. B. H. Stenhouse, a Scotchman by birth, who was converted to Mormonism in 1846, and took a prominent part in missionary work in Europe, for three years holding the position of president of the Swiss and Italian missions; he emigrated to this country with his wife and children in 1855, practically penniless, and supported himself for a time in New York City as a newspaper writer; in Salt Lake City he married a second wife by Young's direction, and one of his daughters by his first wife married Brigham's eldest son. Stenhouse did not win the confidence of either Mormons or non-Mormons in the course of his career, but his book, "The Rocky Mountain Saints," contains much valuable information. Active with these men in the "New Movement" was Edward W. Tullidge, an elder and one of the Seventy, and a man of great literary ability. In later years Tullidge, while not openly associating himself with the Mormon church, wrote the "History of Salt Lake City" which the church accepts, a "Life of Brigham Young," which could not have been more fulsome if

--------     562     THE STORY OF THE MORMONS       --------

written by the most devout Mormon, and a "Life of Joseph the Prophet," which is a valueless expurgated edition of Joseph's autobiography which ran through the Millennial Star.

The "New Movement" was assisted by the advent of non-Mormons to the territory, by Young's arbitrary methods in starting his cooperative scheme, by the approaching completion of the Pacific Railroad, and, in a measure, by the organization of the Reorganized Church under the leadership of the prophet Joseph Smith's eldest son. Two elders of that church, who went to Salt Lake City in 1863, were refused permission to preach in the Tabernacle, but did effective work by house-to-house visitations, and there were said to be more than three hundred of the "Josephites," as they were called, in Salt Lake City in 1864.¹

Harrison and Tullidge had begun the publication of a magazine called the Peep o' Day at Camp Douglas, but it was a financial failure. Then Godbe and Harrison started the Utah Magazine, of which Harrison was editor. This, too, was only a drain on their purses. Accordingly, some time in the year 1868, giving it over to the care of Tullidge, they set out on a trip to New York by stage. Both were in doubt on many points regarding their church; both were of that mental make-up which is susceptible to "revelations" and "callings;" by the time they reached New York they realized that they were "on the road to apostasy." Long discussions of the situation took place between them, and the outcome was characteristic of men who had been influenced by such teachings as those of the Mormons. Kneeling down in their room, they prayed earnestly, and as they did so "a voice spoke to them." For three weeks, while Godbe transacted his mercantile business, his friend prepared questions on religion and philosophy, "and in the evening, by appointment, 'a band of spirits' came to them and held converse with them, as friends would speak with friends. One by one the questions prepared by Mr. Harrison were read, and Mr. Godbe and Mr. Harrison, with pencil and paper, took down the answers as they heard them given by the spirits."² The instruction which they thus received was
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¹ "Persecution followed, as they claimed; and in early summer about one-half of the Josephites in Salt Lake City started eastward, so great being the excitement that General Connor ordered a strong escort to accompany them as far as Greene River. To those who remained, protection was also afforded by the authorities." -- Bancroft, "History of Utah," p. 645. ² "Rocky Mountain Saints," p. 631.

------           GENTILE IRRUPTION AND MORMON SCHISM           563  ------

Delphic in its clearness -- that which was true in Mormonism should be preserved and the rest should be rejected.

When they returned to Utah they took Elder Eli B. Kelsey, Elder H. W. Lawrence, a man of wealth, and Stenhouse into their confidence, and it was decided to wage open warfare on Young's despotism, using the Utah Magazine as their mouthpiece. Without attacking Young personally, or the fundamental Mormon beliefs, the magazine disputed Young's doctrine that the world was degenerating to ruin, held up the really "great characters" the world has known, that Young might be contrasted with them, and discussed the probabilities of honest errors in religious beliefs. When the Mormon leaders read in the magazine such doctrine as that, "There is one false error which possesses the minds of some in this, that God Almighty intended the priesthood to do our thinking," they realized that they had a contest on their hands.

Young got into trouble with the laboring men at this time. He had contracts for building a part of the Pacific Railroad, which were sublet at a profit. An attempt by him to bring about a reduction of wages gave the magazine an opportunity to plead the laborers' cause which it gladly embraced.¹

In the summer of 1869 Alexander and David Hyrum Smith, sons of the prophet, visited Salt Lake City in the interest of the Reorganized Church. Many of Young's followers still looked on the sons of the prophet as their father's rightful successor to the leadership of the Church, as Young at Nauvoo had promised that Joseph III should be. But these sons now found that, even to be acknowledged as members of Brigham's fold, they must accept baptism at the hands of one of his elders, and acknowledge the "revelation" concerning polygamy as coming from God. They had not come with that intent. But they called on Young and discussed with him the injection of polygamy into the church doctrines. Young finally told them that they possessed, not the spirit of their father, but of their mother Emma, whom Young characterized as "a liar, yes, the damnedest liar that lived," declaring that she tried to poison the prophet.² He refused to them the use of the Tabernacle, but they spoke in private
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¹ Harpers Magazine, Vol. XLIII, p. 605.
² For Alexander Smith's report, see True Latter-Day Saints' Herald, Vol. XVI, pp. 85-86.

--------     564     THE STORY OF THE MORMONS       --------

houses and, through the influence of the Walker brothers, secured Independence Hall. The Brighamites, using a son of Hyrum Smith as their mouthpiece,¹ took pains that a goodly number of polygamists should attend the Independence Hall meetings, and interruptions of the speakers turned the gatherings into something like personal wrangles.

The presence of the prophet's sons gave the leaders of "The Reformation" an opportunity to aim a thrust at what was then generally understood to be one of Brigham Young's ambitions, namely, the handing down of the Presidency of the church to his oldest son; and an article in their magazine presented the matter in this light: "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." Young accepted this challenge, and at once ordered Harrison and two other elders in affiliation with him to depart on missions. They disobeyed the order.

Godbe and Harrison told their friends in Utah that they had learned from the spirits who visited them in New York that the release of the people of the territory from the despotism of the church could come only through the development of the mines. So determined was the opposition of Young's priesthood to this development that its open advocacy in the magazine was the cause of more serious discussion than that given to any of the other subjects treated. As "The Reformation" did not then embrace more than a dozen members, the courage necessary to defy the church on such a question was not to be belittled. Just at that time came the visit of the Illinois party and of Vice President Colfax, and the latter was made acquainted with their plans and gave them encouragement. Ten days later the magazine, in an article on "The True Development of the Territory," openly advised paying more attention to mining. Young immediately called together the "School of the Prophets." This was an organization instituted in Utah, with the professed object of discussing doctrinal questions, having the "revelations" of the prophet elucidated by his
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¹ Hyrum's widow went to Salt lake City, and died there in September, 1852, at the house of H. C. Kimball, who had taken care of her.

------           GENTILE IRRUPTION AND MORMON SCHISM           565  ------

colleagues, etc. It was not open to all church members, the "scholars" attending by invitation, and it soon became an organization under Young's direction which took cognizance of the secular doings of the people, exercising an espionage over them. The school is no longer maintained. Before this school Young denounced the "Reformers" in his most scathing terms, going so far as to intimate that his rule was itself in danger. Consequently the leaders of the "New Movement" were notified to appear before the High Council for a hearing.

When this hearing occurred, Young managed that Godbe and Harrison should be the only persons on trial. Both of them defied him to his face, denying his "right to dictate to them in all things spiritual and temporal," -- this was the question put to them, -- and protesting against his rule. They also read a set of resolutions giving an outline of their intended movements. They were at once excommunicated, and the only elder, Eli B. Kelsey, who voted against this action was immediately punished in the same way. Kelsey was not granted even the perfunctory hearing that was customarily allowed in such cases, and he was "turned over to the devil," instead of being consigned by the usual formula "to the buffetings of Satan."

But this did not silence the "Reformers." Their lives were considered in danger by their acquaintances, and the assassination of the most prominent of them was anticipated;¹ but they went
_________________________
¹ "In August my husband sent a respectful and kindly letter to the Bishop of our ward, stating that he had no faith in Brigham's claim to an Infallible Priesthood; and that he considered that he ought to be cut off from the church. I added a postscript stating that I wished to share my husband's fate. A little after ten o'clock, on the Saturday night succeeding our withdrawal from the church, we were returning home together... when we suddenly saw four men come out from under some trees at a little distance from us.... As soon as they approached, they seized hold of my husband's arms, one on each side, and held him firmly, thus rendering him almost powerless. They were all masked.... In an instant I saw them raise their arms, as if taking aim, and for one brief second I thought that our end had surely come, and that we, like so many obnoxious persons before us, were about to be murdered for the great sin of apostasy. This I firmly believe would have been my husband's fate if I had not chanced to be with him or had I run away.... The wretches, although otherwise well armed, were not holding revolvers in their hands as I at first supposed. They were furnished with huge garden syringes, charged with the most disgusting filth. My hair, bonnet, face, clothes, person -- every inch of my body, every shred I wore -- were in an instant saturated, and my husband and myself stood there reeking from head to foot. The villains, when they had perpetrated this disgusting and brutal outrage, turned and fled." -- Mrs. Stenhouse, "Tell it All," pp. 578-581.

--------     566     THE STORY OF THE MORMONS       --------

straight ahead on the lines they had proclaimed. Their first public meetings were held on Sunday, December 19, 1869. The knowledge of the fact that they claimed to act by direct and recent revelation gave them no small advantage with a people whose belief rested on such manifestations of the divine will, and they had crowded audiences. The services were continued every Sunday, and on the evening of one week day; the magazine went on with its work, and they were the founders of the Salt Lake Tribune which later, as a secular journal, has led the Gentile press in Utah.¹

But the attempt to establish a reformed Mormonism did not succeed, and the organization gradually disappeared. One of the surviving leaders said to me (in October, 1901): "My parents had believed in Mormonism, and I believed in the Mormon prophet and the doctrines set forth in his revelations. We hoped to purify the Mormon church, eradicating evils that had annexed themselves to it in later years. But our study of the question showed us that the Mormon faith rested on no substantial basis, and we became believers in transcendentalism." Mr. Godbe and Mr. Lawrence still reside in Utah. The former has made and lost more than one fortune in the mines. The Mormon historian Whitney says of the leaders in this attempted reform: "These men were all reputable and respected members of the community. Naught against their morality or general uprightness of character was known or advanced."² Stenhouse, writing three years before Young's death, said: --

"But for the boldness of the Reformers, Utah to-day would not have been what it is. Inspired by their example, the people who have listened to them disregarded the teachings of the priesthood against trading with or purchasing of the Gentiles. The spell was broken, and, as in all such like experience, the other extreme was for a time threatened. Walker Brothers regained their lost trade.... Reference could be made to elders, some of whom had to steal away from Utah, for fear of violent hands being laid upon them had their intended departure been made known, who are to-day wealthy and respected gentlemen in the highest walks of life, both in the United States and in Europe."
_________________________
¹ Whitney's "History of Utah," Vol. II, p. 332."
² For accounts of "The Reformation" by leaders in it, see Chap. 53 of Stenhouse's "Rocky Mountain Saints," and Tullidge's article, Harper's Magazine, Vol. XLIII, p. 602.

-------- [ 567 ] --------

CHAPTER XXI

THE LAST YEARS OF BRIGHAM YOUNG
GOVERNOR DOTY died in June, 1865, without coming in open conflict with Young, and was succeeded by Charles Durkee, a native of Vermont, but appointed from Wisconsin, which state he had represented in the United States Senate. He resigned in 1869, and was succeeded by J. Wilson Shaffer of Illinois, appointed by President Grant at the request of Secretary of War Rawlins, who, in a visit to the territory in 1868, concluded that its welfare required a governor who would assert his authority. Secretary S. A. Mann, as acting governor, had, just before Shaffer's arrival, signed a female suffrage bill passed by the territorial legislature. This gave offence to the new governor, and Mann was at once succeeded by Professor V. H. Vaughn of the University of Alabama, and Chief Justice C. C. Wilson (who had succeeded Titus) by James B. McKean. The latter was a native of Rensselaer County, New York; had been county judge of Saratoga County from 1854 to 1858, a member of the 36th and 37th Congresses, and colonel of the 72nd New York Volunteers.

Governor Shaffer's first important act was to issue a proclamation forbidding all drills and gatherings of the militia of the territory (which meant the Nauvoo Legion), except by the order of himself or the United States marshal. Wells, signing himself "Lieutenant General," sent the governor a written request for the suspension of this order. The governor, in reply, reminded Wells that the only "Lieutenant General" recognized by law was then Philip H. Sheridan, and declined to assist him in a course which "would aid you and your turbulent associates to further convince your followers that you and your associates are more powerful than the federal government." Thus practically disappeared this famous Mormon military organization.

Governor Shaffer was ill when he reached Utah, and he died

--------     568     THE STORY OF THE MORMONS       --------

a few days after his reply to Wells was written, Secretary Vaughn succeeding him until the arrival of G. A. Black, the new secretary, who then became acting governor pending the arrival of George L. Woods, an ex-governor of Oregon, who was next appointed to the executive office.

As soon as the new federal judges, who were men of high personal character, took their seats, they decided that the United States marshal, and not the territorial marshal, was the proper person to impanel the juries in the federal courts, and that the attorney general appointed by the President under the Territorial Act, and not the one elected under that act, should prosecute indictments found in the federal courts. The chief justice also filled a vacancy in the office of federal attorney. The territorial legislature of 1870, accordingly, made no appropriation for the expenses of the courts; and the chief justice, in dismissing the grand and petit juries on this account, explained to them that he had heard one of the high priesthood question the right of Congress even to pass the Territorial Act.

In September, 1871, the United States marshal summoned a grand jury from nine counties (twenty-three jurors and seventeen talesmen) of whom only seven were Mormons. All the latter, examined on their voir dire, declared that they believed that polygamy was a revelation to the church, and that they would obey the revelation rather than the law, and all were successfully challenged. This grand jury, early in October, found indictments against Brigham Young, "General" Wells, G. Q. Cannon, and others under a territorial statute directed against lewdness and improper cohabitation. This action caused intense excitement in the Mormon capital. Prosecutor Baskin was quoted as saying that the troops at Camp Douglas would be used to enforce the warrant for Young's arrest if necessary, and the possible outcome has been thus portrayed by the Mormon historian: --

"It was well known that he [Young] had often declared that he never would give himself up to be murdered as his predecessor, the Prophet Joseph, and his brother Hyrum had been, while in the hands of the law, and under the sacred pledge of the state for their safety; and, ere this could have been repeated, ten thousand Mormon Elders would have gone into the jaws of death with Brigham Young. In a few hours the suspended Nauvoo Legion would have been in arms."¹
_________________________
¹ Tullidge's "History of Salt Lake City," p. 527.

------               THE LAST YEARS OF BRIGHAM YOUNG               569  ------

The warrant was served on Young at his house by the United States marshal, and, as Young was ill, a deputy was left in charge of him. On October 9 Young appeared in court with the leading men of the church, and a motion to quash the indictment was made before the chief justice and denied.

The same grand jury on October 28 found indictments for murder against D. H. Wells, W. H. Kimball, and Hosea Stout for alleged responsibility for the killing of Richard Yates during the "war" of 1857. The fact that the man was killed was not disputed; his brains were knocked out with an axe as he was sleeping by the side of two Mormon guards.¹ The defence was that he died the death of a spy. Wells was admitted to bail in $50,000, and the other two men were placed under guard at Camp Douglas. Indictments were also found against Brigham Young, W. A. Hickman, O. P. Rockwell, G. D. Grant, and Simon Dutton for the murder of one of the Aikin party at Warm Springs. They were all admitted to bail.

When the case against Young, on the charge of improper cohabitation, was called on November 20, his counsel announced that he had gone South for his health, as was his custom in winter, and the prosecution thereupon claimed that his bail was forfeited. Two adjournments were granted at the request of his counsel. On January 3 Young appeared in court, and his counsel urged that he be admitted to bail, pleading his age and ill health. The judge refused this request, but said that the marshal could, if he desired, detain the prisoner in one of Young's own houses. This course was taken, and he remained under detention until released by the decision of the United States Supreme Court.

In April, 1872, that court decided that the territorial jury law of Utah, in force since 1859, had received the implied approval of Congress; that the duties of the attorney and marshal appointed by the President under the Territorial Act "have exclusive relation to cases arising under the laws and constitution of the United States," and "the making up of the jury list and all matters connected with the designation of jurors are subject to the regulation of territorial law."² This was a great victory for the Mormons.

In October, 1873, the United States Supreme Court rendered
_________________________
¹ Hickman tells the story in his "Brigham's Destroying Angel," p. 122.
² Chilton vs. Englebrech, 13 Wallace, p. 434.

--------     570     THE STORY OF THE MORMONS       --------

its decision in the case of "Snow vs. The United States" on the appeal from Chief Justice McKean's ruling about the authority of the prosecuting officers. It overruled the chief justice, confining the duties of the attorney appointed by the President to cases in which the federal government was concerned, concluding that "in any event, no great inconvenience can arise, because the entire matter is subject to the control and regulation of Congress."¹

The following comments, from three different sources, will show the reader how many influences were then shaping the control of authority in Utah: --

"At about this time {December, 1871} a change came in the action of the Department of justice in these Utah prosecutions, and fair-minded men of the nation demanded of the United States Government that it should stop the disgraceful and illegal proceedings of Judge McKean's court. The influence of Senator Morton was probably the first and most potent brought to bear in this matter, and immediately thereafter Senator Lyman Trumbull threw the weight of his name and statesmanship in the same direction, which resulted in Baskin and Maxwell being superseded,... and finally resulted in the setting aside of two years of McKean's doings as illegal by the august decision of the Supreme Court." -- Tullidge, "History of Salt Lake City," p. 547.

"The Attorney for the Mormons labored assiduously at Washington, and, contrary to the usual custom in the Supreme Court, the forthcoming decision had been whispered to some grateful ears. The Mormon anniversary conference beginning on the sixth of April was continued over without adjournment awaiting that decision." -- "Rocky Mountain Saints," p. 688.

"Thus stood affairs during the winter of 1870-71. The Gentiles had the courts, the Mormons had the money. In the spring Nevada came over to run Utah. Hon. Thomas Fitch of that state had been defeated in his second race for Congress; so he came to Utah as Attorney for the Mormons. Senator Stewart and other Nevada politicians made heavy investments in Utah mines; litigation multiplied as to mining titles, and Judge McKean did not rule to suit Utah.... The great Emma mine, worth two or three millions, became a power in our judicial embroglio. The Chief Justice, in various rulings, favored the present occupants. Nevada called upon Senator Stewart, who agreed to go straight to Long Branch and see that McKean was removed. But Ulysses the Silent... promptly made reply that if Judge McKean had committed no greater fault than to revise a little Nevada law, he was not altogether unpardonable." -- Beadle, "Polygamy," p. 429.

The Supreme Court decisions left the federal courts in Utah practically powerless, and President Grant understood this. On February 14, 1873, he sent a special message to Congress, saying
_________________________
¹ Wallace's "Reports," Vol. XVIII, p. 317.

------               THE LAST YEARS OF BRIGHAM YOUNG               571  ------

that he considered it necessary, in order to maintain the supremacy of the laws of the United States, "to provide that the selection of grand and petit jurors for the district courts {of Utah}, if not put under the control of federal officers, shall be placed in the hands of persons entirely independent of those who are determined not to enforce any act of Congress obnoxious to them, and also to pass some act which shall deprive the probate courts, or any court created by the territorial legislature, of any power to interfere with or impede the action of the courts held by the United States judges."

In line with this recommendation Senator Frelinghuysen had introduced a bill in the Senate early in February, which the Senate speedily passed, the Democrats and Schurz, Carpenter, and Trumbull voting against it. Mormon influence fought it with desperation in the House, and in the closing hours of the session had it laid aside. The diary of Delegate Hooper says on this subject, "Maxwell {the United States Marshal for Utah} said he would take out British papers and be an American citizen no longer. Claggett {Delegate from Montana} asserted that we had spent $200,000 on the judiciary committee, and Merritt {Delegate from Idaho} swore that there had been treachery and we had bribed Congress."¹

In the election of 1872 the Mormons dropped Hooper, who had long served them as Delegate at Washington, and sent in his place George Q. Cannon, an Englishman by birth and a polygamist. But Mormon influence in Washington was now to receive a severe check. On June 23, 1874, the President approved an act introduced by Mr. Poland of Vermont, and known as the Poland Bill,² which had important results. It took from the probate courts
_________________________
¹ The Mormons do not always conceal the influences they employ to control legislation in which they are interested. Thus Tullidge, referring to the men of whom their Cooperative Institution buys goods, says: "But Z. C. M. I. has not only a commercial significance in the history of our city, but also a politic alone. It has long been the temporal bulwark around the Mormon community. Results which have been seen in Utah affairs, preservative of the Mormon power and people, unaccountable to 'the outsider' except on the now stale supposition that 'the Mormon Church has purchased Congress,' may be better traced to the silent but potent influence of Z. C. M. I. among the ruling business men of America, just as John Sharp's position as one of the directors of U. P. R -- R, -- a compeer among such men as Charles Francis Adams, Jay Gould and Sidney Dillon -- gives him a voice in Utah affairs among the railroad rulers of America." -- "History of Salt Lake City;" p. 734.
² Chap. 469, 1st Session, 43d Congress.

--------     572     THE STORY OF THE MORMONS       --------

in Utah all civil, chancery, and criminal jurisdiction; made the common law in force; provided that the United States attorney should prosecute all criminal cases arising in the United States courts in the territory; that the United States marshal should serve and execute all processes and writs of the supreme and district courts, and that the clerk of the district court in each district and the judge of probate of the county should prepare the jury lists, each containing two hundred names, from which the United States marshal should draw the grand and petit juries for the term. It further provided that, when a woman filed a bill to declare void a marriage because of a previous marriage, the court could grant alimony; and that, in any prosecution for adultery, bigamy, or polygamy, a juror could be challenged if he practised polygamy or believed in its righteousness.

The suit for divorce brought by Young's wife "No. 19," -- Ann Eliza Young -- in January, 1873, attracted attention all over the country. Her bill charged neglect, cruel treatment, and desertion, set forth that Young had property worth $8,000,000 and an income of not less than $40,000 a year, and asked for an allowance of $1000 a month while the suit was pending, $6000 for preliminary counsel fees, and $14,000 more when the final decree was made, and that she be awarded $200,000 for her support. Young in his reply surprised even his Mormon friends. After setting forth his legal marriage in Ohio, stating that he and the plaintiff were members of a church which held the doctrine that "members thereto might rightfully enter into plural marriages," and admitting such a marriage in this case, he continued: "But defendant denies that he and the said plaintiff intermarried in any other or different sense or manner than that above mentioned or set forth. Defendant further alleges that the said complainant was then informed by the defendant, and then and there well knew that, by reason of said marriage, in the manner aforesaid, she could not have and need not expect the society or personal attention of this defendant as in the ordinary relation between husband and wife." He further declared that his property did not exceed $600,000 in value, and his income $6000 a month.

Judge McKean, on February 25, 1875, ordered Young to pay Ann Eliza $3000 for counsel fees and $500 a month alimony pendente lite, and, when he failed to obey, sentenced him to pay a

------               THE LAST YEARS OF BRIGHAM YOUNG               573  ------

fine of $25 and to one day's imprisonment. Young was driven to his own residence by the deputy marshal for dinner, and, after taking what clothing he required, was conducted to the penitentiary, where he was locked up in a cell for a short time, and then placed in a room in the warden's office for the night.

Judge McKean was accused of inconsistency in granting alimony, because, in so doing, he had to give legal sanction to Ann Eliza's marriage to Brigham while the latter's legal wife was living. Judge McKean's successor, Judge D. P. Loew, refused to imprison Young, taking the ground that there had been no valid marriage. Loew's successor, Judge Boreman, ordered Young imprisoned until the amount due was paid, but he was left at his house in custody of the marshal. Boreman's successor, Judge White, freed Young on the ground that Boreman's order was void. White's successor, Judge Schaeffer, in 1876 reduced the alimony to $100 per month, and, in default of payment, certain of Young's property was sold at auction and rents were ordered seized to make up the deficiency. The divorce case came to trial in April, 1877, when Judge Schaeffer decreed that the polygamous marriage was void, annulled all orders for alimony, and assessed the costs against the defendant.

Nothing further of great importance affecting the relations of the church with the federal government occurred during the rest of Young's life. Governor Woods incurred the animosity of the Mormons by asserting his authority from time to time ("he intermeddled," Bancroft says). In 1874 he was succeeded by S. B. Axtell of California, who showed such open sympathy with the Mormon view of his office as to incur the severest censure of the non-Mormon press. Axtell was displaced in the following year by G. B. Emery of Tennessee, who held office until the early part of 1880, when he was succeeded by Eli H. Murray.¹
_________________________
¹ Governor Murray showed no disposition to yield to Mormon authority. In his message in 1882 be referred pointedly, among other matters, to the tithing, declaring that "the poor man who earns a dollar by the sweat of his brow is entitled to that dollar," and that "any exaction or undue influence to dispossess him of any part of it, in any other manner than in payment of a legal obligation, is oppression," and he granted a certificate of election as Delegate to Congress to Allan G. Campbell, who received only 1350 votes to 18,568 for George Q. Cannon, holding that the latter was not a citizen. Governor Murray's resignation was accepted in March, 1886, and he was succeeded in the following May by Caleb W. West, who, in turn, was supplanted in May, 1889, by A. L. Thomas, who was territorial governor when Utah was admitted as a state.

-------- [ 574 ] --------

CHAPTER XXII

BRIGHAM YOUNG'S DEATH -- HIS CHARACTER
BRIGHAM YOUNG died in Salt Lake City at 4 P.M. on Wednesday, August 29, 1877. He was attacked with acute cholera morbus on the evening of the 23rd, after delivering an address in the Council House, and it was followed by inflammation of the bowels. The body lay in state in the Tabernacle from Saturday, September 1, until Sunday noon, when the funeral services were held. He was buried in a little plot on one of the main streets of Salt Lake City, not far from his place of residence.

The steps by which Young reached the position of head of the Mormon church, the character of his rule, and the means by which he maintained it have been set forth in the previous chapters of this work. In the ruler we have seen a man without education, but possessed of an iron will, courage to take advantage of unusual opportunities, and a thorough knowledge of his flock gained by association with them in all their wanderings. In his people we have seen a nucleus of fanatics, including some of Joseph Smith's fellow-plotters, constantly added to by new recruits, mostly poor and ignorant foreigners, who had been made to believe in Smith's Bible and "revelations," and been further lured to a change of residence by false pictures of the country they were going to, and the business opportunities that awaited them there. Having made a prominent tenet of the church the practice of polygamy, which Young certainly knew the federal government would not approve, he had an additional bond with which to unite the interests of his flock with his own, and thus to make them believe his approval as necessary to their personal safety as they believed it to be necessary to their salvation. The command which Young exercised in these circumstances is not an illustration of any form of leadership which can be held up to admiration. It is rather an exemplification

-----               BRIGHAM YOUNG'S DEATH - HIS CHARACTER              575  -----

of that tyranny in church and state which the world condemns whenever an example of it is afforded.

Young was the centre of responsibility for all the rebellion, nullification, and crime carried on under the authority of the church while he was its head. He never concealed his own power. He gloried in it, and declared it openly in and out of the Tabernacle. Authority of this kind cannot be divided. Whatever credit is due to Young for securing it, is legitimately his. But those who point to its acquisition as a sign of greatness, must accept for him, with it, responsibility for the crimes that were carried on under it.

The laudators of Young have found evidence of great executive ability in his management of the migration from Nauvoo to Utah. But, in the first place, this migration was compulsory; the Mormons were obliged to move. In the second place its accomplishment was no more successful than the contemporary migrations to Oregon, and the loss of life in the camps on the Missouri River was greater than that incurred in the great rush across the plains to California; while the horrors of the hand-cart movement -- a scheme of Young's own device -- have never been equalled in Western travel. In Utah, circumstances greatly favored Young's success. Had not gold been discovered when it was in California, the Mormon settlement would long have been like a dot in a desert, and its ability to support the stream Of immigrants attracted from Europe would have been problematic, since, in more than one summer, those already there had narrowly escaped starvation while depending on the agricultural resources of the valley.

J. Hyde, writing in 1857, said that Young "by the native force and vigor of a strong mind" had taken from beneath the Mormon church system "the monstrous stilts of a miserable superstition, and consolidated it into a compact scheme of the sternest fanaticism."¹ In other words, he might have explained, instead of relying on such "revelations" as served Smith, he refused to use artificial commands of God, and substituted the commands of Young, teaching, and having his associates teach, that obedience to the head of the church was obedience to the Supreme Power. Both Hyde and Stenhouse, writing before Young's death, and as witnesses of the strength of his autocratic government, overestimated him. This is seen in the view they took of the effect of his
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¹ "Mormonism," p.151.

--------     576     THE STORY OF THE MORMONS       --------

death. Hyde declared that under any of the other contemporary leaders Taylor, Kimball, Orson Hyde, or Pratt: "Mormonism will decline. Brigham is its sun; this is its daytime." Stenhouse asserted that, "Theocracy will die out with Brigham's flickering flame of life; and, when he is laid in the tomb, many who are silent now will curse his memory for the cruel suffering that his ambition caused them to endure." But all such prophecies remain unfulfilled. Young's death caused no more revolution or change in the Mormon church than does the death of a Pope in the Church of Rome. "Regret it who may," wrote a Salt Lake City correspondent less than three months after his burial, "the fact is visible to every intelligent person here that Mormonism has taken a new lease of life, and, instead of disintegration, there never was such unity among its people; and in the place of a rapidly dying consumptive, whose days were numbered, the body of the church is the picture of pristine health and vigor, with all the ambition and enthusiasm of a first love."¹ The new leadership has, grudgingly, traded polygamy for statehood; but the church power is as strong and despotic and unified to-day on the lines on which it is working as it was under Young, only exercising that power on the more civilized basis rendered necessary by closer connection with an outside civilization.

Young was a successful accumulator of property for his own use. A poor man when he set out from Nauvoo, his estate at his death was valued at between $2,000,000 and $3,000,000. This was a great accumulation for a pioneer who had settled in a wilderness, been burdened with a polygamous family of over twenty wives and fifty children, and the cares of a church denomination, without salary as a church officer. "I am the only person in the church," Young said to Greeley in 1859, "who has not a regular calling apart from the church service;" and he added, "We think a man who cannot make his living aside from the ministry of the church unsuited to that office. I am called rich, and consider myself worth $250,000; but no dollar of it ever was paid me by the church, nor for any service as a minister of the Everlasting Gospel."² Two years after his death a writer in the Salt Lake Tribune³ asserted that Young had secured in Utah from the tithing
_________________________
¹ New York Times, November 23, 1877.
² "Overland Journey," p. 213.
³ June 25, 1879.

-----               BRIGHAM YOUNG'S DEATH - HIS CHARACTER              577  -----

$13,000,000, squandered about $9,000,000 on his family, and left the rest to be fought for by his heirs and assigns.¹ Notwithstanding the vast sums taken by him in tithing for the alleged benefit of the poor, there was not in Salt Lake City, at the time of his death, a single hospital or "home" creditable to that settlement.

The mere acquisition of his wealth no more entitled Young to be held up as a marvellous man of business than did Tweed's accumulations give him this distinction in New York. Beadle declares that "Brigham never made a success of any business he undertook except managing the Mormons," and cites among his business failures the non-success of every distant colony he planted, the Cottonwood Canal (whose mouth was ten feet higher than its source), his beet-sugar manufactory, and his Colorado Transportation Company (to bring goods for southern Utah up the Colorado River).²

The reports of Young's discourses in the Temple show that he was as determined in carrying out his own financial schemes as he was in enforcing orders pertaining to the church. Here is an almost humorous illustration of this. In urging the people one day to be more regular in paying their tithing, he said they need not fear that he would make a bad use of their money, as he had plenty of his own, adding: --

"I believe I will tell you how I get some of it. A great many of these elders in Israel, soon after courting these young ladies, and old ladies, and middle-aged ladies, and having them sealed to them, want to have a bill of divorce. I have told them from the beginning that sealing men and women for time and all eternity is one of the ordinances of the House of God, and that I never wanted a farthing for sealing them, nor for officiating in any of the ordinances of God's house. But when you ask for a bill of divorce, I intend that you shall pay for it. That keeps me in spending money, besides enabling me to give hundreds of dollars to the poor, and buy butter, eggs, and little notions for women and children, and otherwise use it where it does good. You may think this a singular feature of the Gospel, but I cannot exactly say that this is in the Gospel."³
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¹ "Having control of the tithing, and possessing unlimited credit, he has added 'house to house and field to field,' while every one knew that he had no personal enterprises sufficient to enable him to meet anything like the current expenses of his numerous wives and children. As trustee in trust he renders no account of the funds that come into his hands, but tells the faithful that they are at perfect liberty to examine the books at any moment." -- "Rocky Mountain Saints," p. 665.
² "Polygamy," p. 484.
³ Deseret News, March 20, 1861.

--------     578     THE STORY OF THE MORMONS       --------

For such an openly jolly old hypocrite one can scarcely resist the feeling that he would like to pass around the hat.

We have seen how Young gave himself control of a valuable canon. That was only the beginning of such acquisitions. The territorial legislature of Utah was continually making special grants to him. Among them may be mentioned the control of City Creek Canon (said to have been worth $10,000 a year) on payment of $500; of the waters of Mill Creek; exclusive right to Kansas Prairie as a herd-ground; the whole of Cache Valley for a herd-ground; Rush Valley for a herd-ground; rights to establish ferries; an appropriation of $2500 for an academy in Salt Lake City (which was not built), etc.¹

Young's holdings of real estate were large, not only in Salt Lake City, but in almost every county in the territory.² Besides city lots and farm lands, he. owned grist and saw mills, and he took care that his farms were well cultivated and that his mills made fine flour.³

As trustee in trust for the church Young had control of all the church property and income, practically without responsibility or oversight. Mrs. Waite (writing in 1866) said that attempts for many years by the General Conference to procure a balance sheet of receipts and expenditures had failed, and that the accounts in the tithing office, such as they were, were kept by clerks who were the leading actors in the Salt Lake Theatre, owned by Young.⁴ It was openly charged that, in 1852, Young "balanced his account" with the church by having the clerk credit him with the amount due by him, "for services rendered," and that, in 1867, he balanced his account again by crediting himself with $967,000. A committee appointed to investigate the accounts of Young after
_________________________
¹ Here is the text of one of these acts: "Be it ordained by the General Assembly of the State of Deseret that Brigham Young has the sole control of City Creek and Canon; and that he pay into the public treasury the sum of $500 therefore. Dec. 9, 1850."
² "For several years past the agent of the church, A. M. Musser, has been engaged in securing legal deeds for all the property the prophet claims, and by this he will be able to secure in his lifetime to his different families such property as will render them independent at his death. The building of the Pacific Railroad is said to have yielded him about a quarter of a million." -- "Rocky Mountain Saints," p. 666.
³ "His position secured him also many valuable presents. From a barrel of brandy down to an umbrella, Brigham receives courteously and remembers the donors with increased kindness. I saw one man make him a present of ten fine milch cows." -- Hyde, "Mormonism," p. 165.
⁴ "The Mormon Prophet," pp. 148-149.

-----               BRIGHAM YOUNG'S DEATH - HIS CHARACTER              579  -----

his death reported to the Conference of October, 1878, that "for the sole purpose of preserving it from the spoliation of the enemy," he "had transferred certain property from the possession of the church to his own individual possession," but that it had been transferred back again.

Young's will divided his wives and children into nineteen "classes," and directed his executors to pay to each such a sum as might be necessary for their comfortable support; the word "marriage" in the will to mean "either by ceremony before a lawful magistrate, or according to the order of the Church of Jesus Christ of Latter-Day Saints, or by their cohabitation in conformity to our custom."

On June 14, 1879, Emmeline A. Young, on behalf of herself and the heirs at law, began a suit against the executors of Young's estate, charging that they had improperly appropriated $200,000; had improperly allowed nearly $1,000,000 to John Taylor as trustee in trust to the church, less a credit of $300,000 for Young's services as trustee; and that they claimed the power, as members of the Apostles' Quorum, to dispose of all the testator's property and to disinherit any heir who refused to submit. This suit was compromised in the following September, the seven persons joining in it executing a release on payment of $75,000. A suit which the church had begun against the heirs and executors was also discontinued. The Salt Lake Herald (Mormon) of October 5, 1879, said, "The adjustment is far preferable to a continuance of the suit, which was proving not only expensive, but had become excessively annoying to many people, was a large disturbing element in the community, and was rapidly descending into paths that nobody here cares to see trodden."

Just how many wives Brigham Young had, in the course of his life, would depend on his own and others' definition of that term. He told Horace Greeley, in 1859: "I have fifteen; I know no one who has more. But some of those sealed to me are old ladies, whom I regard rather as mothers than wives, but whom I have taken home to cherish and support."¹ In 1869, he informed the Boston Board of Trade, when that body visited Salt Lake City, that he had sixteen wives living, and had lost four, and that forty-nine of his children were living then. " He was," says Beadle,
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¹ "Overland journey," p. 215.

--------     580     THE STORY OF THE MORMONS       --------

"sealed on the spiritual wife system to more women than any one can count; all over Mormondom are pious old widows, or wives of Gentiles and apostates, who hope to rise at the last day and claim a celestial share in Brigham." J. Hyde said that he knew of about twenty-five wives with whom Brigham lived. The following list is made up from "Pictures and Biographies of Brigham Young and his Wives," published by J. H. Crockwell of Salt Lake City, by authority of Young's eldest son and of seven of his wives, but is not complete: --

NAME
Mary Ann Angel - 1
Louisa Beman - 2
Mrs. Lucy Decker Seely
H. E. C. Campbell
Augusta Adams
Clara Decker
Clara C. Ross
Emily Dow Partridge - 2
Susan Snively
Olive Grey Frost - 2
Emmeline Free
Margaret Pierce
N. K. T. Carter
Ellen Rockwood
Maria Lawrence - 2
Martha Bowker
Margaret M. Alley
Lucy Bigelow
Z. D. Huntington - 2
Eliza K. Snow - 2
Eliza Burgess
Harriet Barney
Harriet A. Folsom
Mary Van Cott
Ann Eliza Webb

DATE OF MARRIAGE
February, 1834. Ohio
April, 1841. Nauvoo
June, 1842. Nauvoo
November, 1843.Nauvoo
November, 1843. Nauvoo
May, 1844. Nauvoo
September, 1844. Nauvoo
September, 1844. Nauvoo
November, 1844. Nauvoo
February, 1845. Nauvoo
April, 1845. Nauvoo
April, 1845. Nauvoo
January, 1846. Nauvoo
January, 1846. Nauvoo
January, 1846. Nauvoo
January, 1846. Nauvoo
January, 1846. Nauvoo
March, 1847. (?)
March, 1847 (?). Nauvoo
June, 1849. S. L. C.
October, 1850. S. L. C.
October, 1850. S. L. C.
January, 1863. S. L. C.
January, 1865. S. L. C.
April, 1868. S. L. C.

NUMBER OF CHILDREN
6
4
7
1
0
5
4
7
0
0
0
1
0
0
0
0
2
3
1
0
1
1
0
1
0

Young's principal houses in Salt Lake City stood at the southeastern corner of the block adjoining the Temple block, and designated on the map as block 8. The largest building, occupying the
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¹ His first wife died 1832.
² Joseph Smith's widows.

-----               BRIGHAM YOUNG'S DEATH - HIS CHARACTER              581  -----

corner, was called the Beehive House; connected with this was a smaller building in which were Young's private offices, the tithing office, etc.; and next to this was a building partly of stone, called the Lion House, taking its name from the figure of a lion sculptured on its front, representing Young's title "The Lion of the Lord." When J. Hyde wrote, seventeen or eighteen of Young's wives dwelt in the Lion House, and the Beehive House became his official residence.¹ Individual wives were provided for elsewhere. His legal wife lived in what was called the White House, a few hundred yards from his official home. His well-beloved Amelia lived in another house half a block distant; another favorite, just across the street; Emmeline, on the same block; and not far away the latest acquisition to his harem.

Young's life in his later years was a very orderly one, although he was not methodical in arranging his office hours and attending to his many duties. Rising before eight A.m., he was usually in his office at nine, transacting business with his secretary, and was ready to receive callers at ten. So many were the people who had occasion to see him, and so varied were the matters that could be brought to his attention, that many hours would be devoted to these callers if other engagements did not interfere. Once a year he made a sort of visit of state to all the principal settlements in the territory, accompanied by counsellors, apostles, and Bishops, and sometimes by a favorite wife. Shorter excursions of the same kind were made at other times. Each settlement was expected to give him a formal greeting, and this sometimes took the form of a procession with banners, such as might have been prepared for a conquering hero.
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¹ The Beehive House is still the official residence of the head of the church, and in it President Snow was living at the time of his death. The office building is still devoted to office uses, and the Lion House now furnishes temporary quarters to the Latter-Day Saints' College.

-------- [ 582 ] --------

CHAPTER XXIII

SOCIAL ASPECTS OF POLYGAMY
THERE was something compulsory about all phases of life in Utah during Brigham Young's regime -- the form of employment for the men, the domestic regulations of the women, the church duties each should perform, and even the location in the territory which they should call their home. Not only did large numbers of the foreign immigrants find themselves in debt to the church on their arrival, and become compelled in this way to labor on the "public works" as they might be ordered, but the skilled mechanics who brought their tools with them in most cases found on their arrival that existence in Utah meant a contest with the soil for food. Even when a mechanic obtained employment at his trade it was in the ruder branches.

Mormon authorities have always tried to show that Americans have predominated in their community. Tullidge classes the population in this order: Americans, English, Scandinavian (these claim one-fifth of the Mormon population of Utah), Scotch, Welsh, Germans, and a few Irish, French, Italians, and Swiss. The combination of new-comers and the emigrants from Nauvoo made a rude society of fanatics,¹ before whom there was held out enough prospect of gain in land values (scarcely one of the immigrants had ever been a landowner) to overcome a good deal of the discontent natural to their mode of life, and who, in religious matters, were held in control by a priesthood, against whom they could not rebel without endangering that hope of heaven which had induced them to journey across the ocean. There are roughness and lawlessness in all frontier settlements, but this Mormon community differed
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¹ "I have discovered thus early (1852) that little deference is paid to women. Repeatedly, in my long walk to our boarding house, I was obliged to retreat back from the {street} crossing places and stand on one side for men to cross over. There are said to be a great many of the lower order of English here, and this rudeness, so unusual with our countrymen, may proceed from them." -- Mrs. Ferris. "Life among the Mormons."

-----                        SOCIAL ASPECTS OF POLYGAMY                       583  -----

from all other gatherings of new population in the American West. It did not migrate of its own accord, attracted by a fertile soil or precious ores; it was induced to migrate, not without misrepresentation concerning material prospects, it is true, but mainly because of the hope that by doing so it would share in the blessings and protection of a Zion. The gambling hell and the dance hall, which form principal features of frontier mining settlements, were wanting in Salt Lake City, and the absence of the brothel was pointed to as evidence of the moral effect of polygamy.

The system of plural marriages left its impress all over the home life of the territory. Many of the Mormon leaders, as we have seen, had more wives than one when they made their first trip across the plains, and the practice of polygamy, while denied on occasion, was not concealed from the time the settlement was made in the valley to the date of its public proclamation. In the early days, a man with more than one wife provided for them according to his means. Young began with quarters better than the average, but modest in their way, and finally occupied the big buildings which cost him many thousands of dollars. If a man with several wives had the means to do so, he would build a long, low dwelling, with an outside door for each wife, and thus house all under the same roof in a sort of separate barracks. When Gunnison wrote, in 1852, there were many instances in which more than one wife shared the same house when it contained only one apartment, but he said: "It is usual to board out the extra ones, who most frequently pay their own way by sewing, and other female employments." Mrs. Ferris wrote: "The mass of the dwellings are small, low, and hutlike. Some of them literally swarmed with women and children, and had an aspect of extreme want of neatness.... One family, in which there were two wives, was living in a small hut -- three children very sick {with scarlet fever} -- two beds and a cook-stove in the same room, creating the air of a pest-house."¹

Hyde, describing the city in 1857, thus enumerated the home accommodations of some of the leaders: --

"A very pretty house on the east side was occupied by the late J. M. Grant and his fi