** "History of Utah," p. 460, note.

Young, in a statement to the President, defended his acts and the acts of the territorial legislature, and attacked the character and motives of the federal officers. The legislature soon after petitioned President Fillmore to fill the vacancies by appointing men "who are, indeed, residents amongst us."



CHAPTER XI. MORMON TREATMENT OF FEDERAL OFFICERS

The next federal officers for Utah appointed by the President (in August, 1852) were Lazarus H. Reid of New York to be chief justice, Leonidas Shaver, associate justice, and B. G. Ferris, secretary. Neither of these officers incurred the Mormon wrath. Both of the judges died while in office, and the next chief justice was John F. Kinney, who had occupied a seat on the Iowa Supreme Bench, with W. W. Drummond of Illinois, and George P. Stiles, one of Joseph Smith's counsel at the time of the prophet's death, as associates. A. W. Babbitt received the appointment of secretary of the territory.*

* Some years later Babbitt was killed. Mrs. Waite, in "The Mormon Prophet" (p. 34) says: "In the summer of 1862 Brigham was referring to this affair in a tea-table conversation at which judge Waite and the writer of this were present. After making some remarks to impress upon the minds of those present the necessity of maintaining friendly relations between the federal officers and the authorities of the church, he used language substantially as follows: 'There is no need of any difficulty, and there need be none if the officers do their duty and mind their affairs. If they do not, if they undertake to interfere with affairs that do not concern them, I will not be far off. There was Almon W. Babbitt. He undertook to quarrel with me, but soon afterward was killed by Indians."

The territorial legislature had continued to meet from time to time, Young having a seat of honor in front of the Speaker at each opening joint session, and presenting his message. The most important measure passed was an election law which practically gave the church authorities control of the ballot. It provided that each voter must hand his ballot, folded, to the judge of election, who must deposit it after numbering it, and after the clerk had recorded the name and number. This, of course, gave the church officers knowledge concerning the candidate for whom each man voted. Its purpose needs no explanation.

In August, 1854, a force of some three hundred soldiers, under command of Lieutenant Colonel E. J. Steptoe of the United States army, on their way to the Pacific coast, arrived in Salt Lake City and passed the succeeding winter there. Young's term as governor was about to expire, and the appointment of his successor rested with President Pierce. Public opinion in the East had become more outspoken against the Mormons since the resignation of the first federal officers sent to the territory, the "revelation" concerning polygamy having been publicly avowed meanwhile, and there was an expressed feeling that a non- Mormon should be governor. Accordingly, President Pierce, in December, 1854, offered the governorship to Lieutenant Colonel Steptoe.

Brigham Young, just before and after this period, openly declared that he would not surrender the actual government of the territory to any man. In a discourse in the Tabernacle, on June 19, 1853, in which he reviewed the events of 1851, he said, "We have got a territorial government, and I am and will be governor, and no power can hinder it, until the Lord Almighty says, 'Brigham, you need not be governor any longer.'"* In a defiant discourse in the Tabernacle, on February 18, 1855, Young again stated his position on this subject: "For a man to come here [as governor] and infringe upon my individual rights and privileges, and upon those of my brethren, will never meet my sanction, and I will scourge such a one until he leaves. I am after him." Defining his position further, and the independence of his people, he said: "Come on with your knives, your swords, and your faggots of fire, and destroy the whole of us rather than we will forsake our religion. Whether the doctrine of plurality of wives is true or false is none of your business. We have as good a right to adopt tenets in our religion as the Church of England, or the Methodists, or the Baptists, or any other denomination have to theirs."**

* Journal of Discourses, Vol. 1, p. 187.

** Ibid., Vol. II, pp. 187-188.

Having thus defied the federal appointing power, the nomination of Colonel Steptoe as Young's successor might have been expected to cause an outbreak; but the Mormon leaders were always diplomatic—at least, when Young did not lose his temper. The outcome of this appointment was its declination by Steptoe, a petition to President Pierce for Young's reappointment signed by Steptoe himself and all the federal officers in the territory, and the granting of the request of these petitioners.

Mrs. C. B. Waite, wife of Associate Justice C. B. Waite, one of Lincoln's appointees, gives a circumstantial account of the manner in which Colonel Steptoe was influenced to decline the nomination and sign the petition in favor of Young.* Two women, whose beauty then attracted the attention of Salt Lake City society, were a relative by marriage of Brigham Young and an actress in the church theatre. The federal army officers were favored with a good deal of their society. When Steptoe's appointment as governor was announced, Young called these women to his assistance. In conformity with the plan then suggested, Young one evening suddenly demanded admission to Colonel Steptoe's office, which was granted after considerable delay. Passing into the back room, he found the two women there, dressed in men's clothes and with their faces concealed by their hats. He sent the women home with a rebuke, and then described to Steptoe the danger he was in if the women's friends learned of the incident, and the disgrace which would follow its exposure. Steptoe's declination of the nomination and his recommendation of Young soon followed.

President Pierce's selection of judicial officers for Utah was not made with proper care, nor with due regard to the dignity of the places to be filled. Chief Justice Kinney took with him to Utah a large stock of goods which he sold at retail after his arrival there, and he also kept a boarding-house in Salt Lake City. With his "trade" dependent on Mormon customers, he had every object in cultivating their popularity. Known as a "Jack- Mormon" in Iowa, Mrs. Waite declared that his uniform course, to the time about which she wrote, had been "to aid and abet Brigham Young in his ambitious schemes," and that he was then "an open apologist and advocate of polygamy." Judge Drummond's course in Utah was in many respects scandalous. A former member of the bench in Illinois writes to me: "I remember that when Drummond's appointment was announced there was considerable comment as to his lack of fitness for the place, and, after the troubles between him and the Mormon leaders got aired through the press, members of the bar from his part of the state said they did not blame the Mormons—that it was an imposition upon them to have sent him out there as a judge. I never heard his moral character discussed." If the Mormon leaders had shown any respect for the government at Washington, or for the reputable men appointed to territorial offices, more attention might be paid to their hostility manifested to certain individuals.

* "The Mormon Prophet," p. 36, confirmed by Beadle's "Life in Utah," p. 171.

A few of the leading questions at issue under the new territorial officers will illustrate the nature of the government with which they had to deal. The territorial legislature had passed acts defining the powers and duties of the territorial courts. These acts provided that the district courts should have original jurisdiction, both civil and criminal, wherever not otherwise provided by law. Chapter 64 (approved January 14, 1864) provided as follows: "All questions of law, the meaning of writings other than law, and the admissibility of testimony shall be decided by the court; and no laws or parts of laws shall be read, argued, cited, or adopted in any courts, during any trial, except those enacted by the governor and legislative assembly of this territory, and those passed by the Congress of the United States, WHEN APPLICABLE; and no report, decision, or doings of any court shall be read, argued, cited, or adopted as precedent in any other trial." This obliterated at a stroke the whole body of the English common law. Another act provided that, by consent of the court and the parties, any person could be selected to act as judge in a particular case. As the district court judges were federal appointees, a judge of probate was provided for each county, to be elected by joint ballot of the legislature. These probate courts, besides the authority legitimately belonging to such tribunals, were given "power to exercise original jurisdiction, both civil and criminal, as well in chancery as at common law." Thus there were in the territory two kinds of courts, to one of which alone a non-Mormon could look for justice, and to the other of which every Mormon would appeal when he was not prevented.

The act of Congress organizing the territory provided for the appointment of a marshal, approved by the President; the territorial legislature on March 3, 1852, provided for another marshal to be elected by joint ballot, and for an attorney general. A nonMormon had succeeded the original Mormon who was appointed as federal marshal, and he took the ground that he should have charge of all business pertaining to the marshal's office in the United States courts. Judge Stiles having issued writs to the federal marshal, the latter was not able to serve them, and the demand was openly made that only territorial law should be enforced in Utah. When the question of jurisdiction came before the judge, three Mormon lawyers appeared in behalf of the Mormon claim, and one of them, James Ferguson, openly told the judge that, if he decided against him, they "would take him from the bench d—d quick." Judge Stiles adjourned his court, and applied to Governor Young for assistance; but got only the reply that "the boys had got their spunk up, and he would not interfere," and that, if Judge Stiles could not enforce the United States laws, the sooner he adjourned court the better.* All the records and papers of the United States court were kept in Judge Stiles's office. In his absence, Ferguson led a crowd to the office, seized and deposited in a safe belonging to Young the court papers, and, piling up the personal books and papers of the judge in an outhouse, set fire to them. The judge, supposing that the court papers were included in the bonfire, innocently made that statement in an affidavit submitted on his return to Washington in 1857.

* This account is given in Mrs. Waite's "The Mormon Prophet." Tullidge omits the incident in his "History of Salt Lake City."

Judge Drummond, reversing the policy of Chief Justice Kinney and Judge Shaver, announced, before the opening of the first session of his court, that he should ignore all proceedings of the territorial probate courts except such as pertained to legitimate probate business. This position was at once recognized as a challenge of the entire Mormon judicial system,* and steps were promptly taken to overthrow it. There are somewhat conflicting accounts of the method adopted. Mrs. Waite, in her "Mormon Prophet," Hickman, in his confessions, and Remy, in his "Journey," have all described it with variations. All agree that a quarrel was brought about between the judge and a Jew, which led to the arrest of both of them. "During the prosecution of the case," says Mrs. Waite, "the judge gave some sort of a stipulation that he would not interfere any further with the probate courts."

* A member of the legislature wrote to his brother in England, of Drummond: He has brass to declare in open court that the Utah laws are founded in ignorance, and has attempted to set some of the most important ones aside,... and he will be able to appreciate the merits of a returned compliment some day."

* Tullidge, "History of Salt Lake City," p. 412.

Judge Stiles left the territory in the spring of 1857, and gave the government an account of his treatment in the form of an affidavit when he reached Washington. Judge Drummond held court a short time for Judge Stiles in Carson County (now Nevada)* in the spring of 1857, and then returned to the East by way of California, not concealing his opinion of Mormon rule on the way, and giving the government a statement of the case in a letter resigning his judgeship.

* The settlement of what is now Nevada was begun by both Mormons and non-Mormons in 1854, and, the latter being in the majority, the Utah legislature organized the entire western part of the territory as one county, called Carson, and Governor Young appointed Orson Hyde its probate judge. Many persons coming in after the settlement of California, as miners, farmers, or stock-raisers, the Mormons saw their majority in danger, and ordered the non-Mormons to leave. Both sides took up arms, and they camped in sight of each other for two weeks. The Mormons, learning that their opponents were to receive reenforcements from California, agreed on equal rights for all in that part of the territory; but when the legislature learned of this, it repealed the county act, recalled the judge, and left the district without any legal protection whatever. Thus matters remained until late in 1858, when a probate judge was quietly appointed for Carson Valley. After this an election was held, but although the non-Mormons won at the polls, the officers elected refused to qualify and enforce Mormon statutes.—Letter of Delegate-elect J. M. Crane of Nevada, "The Mormon Prophet," pp. 4l-45.

After the departure of the non-Mormon federal judges from Utah, the only non-Mormon officers left there were those belonging to the office of the surveyor general, and two Indian agents. Toward these officers the Mormons were as hostile as they had been toward the judges, and the latest information that the government received about the disposition and intentions of the Mormons came from them.

The Mormon view of their title to the land in Salt Lake Valley appeared in Young's declaration on his first Sunday there, that it was theirs and would be divided by the officers of the church.* Tullidge, explaining this view in his history published in 1886, says that this was simply following out the social plan of a Zion which Smith attempted in Ohio, Missouri, and Illinois, under "revelation." He explains: "According to the primal law of colonization, recognized in all ages, it was THEIR LAND if they could hold and possess it. They could have done this so far as the Mexican government was concerned, which government probably never would even have made the first step to overthrow the superstructure of these Mormon society builders. At that date, before this territory was ceded to the United States, Brigham Young, as the master builder of the colonies which were soon to spread throughout these valleys, could with absolute propriety give the above utterances on the land question."**

* "They will not, however, without protest, buy the land, and hope that grants will be made to actual settlers or the state, sufficient to cover their improvements. If not, the state will be obliged to buy, and then confirm the titles already given."— Gunnison. "The Mormons," 1852, p. 414.

** Captain Gunnison, who as lieutenant accompanied Stansbury's surveying party and printed a book giving his personal observations, was murdered in 1853 while surveying a railroad route at a camp on Sevier River. His party were surprised by a band of Pah Utes while at breakfast, and nine of them were killed. The charge was often made that this massacre was inspired by Mormons, but it has not been supported by direct evidence.

When the act organizing the territory was passed, very little of the Indian title to the land had been extinguished, and the Indians made bitter complaints of the seizure of their homes and hunting-grounds, and the establishment of private rights to canons and ferries, by the people who professed so great a regard for the "Lamanites." Congress, in February, 1855, created the office of surveyor general of Utah and defined his duties. The presence of this officer was resented at once, and as soon as Surveyor General David H. Burr arrived in Salt Lake City the church directed all its members to convey their lands to Young as trustee in trust for the church, "in consideration of the good will which—— have to the church of Jesus Christ of Latter-Day Saints." Explaining this order in a discourse in the Tabernacle on March 1, 1857, H. C. Kimball said: "I do not compel you to do it; the trustee in trust does not; God does not. But He says that if you will do this and the other things which He has counselled for our good, do so and prove Him.... If you trifle with me when I tell you the truth, you will trifle with Brother Brigham, and if you trifle with him you will also trifle with angels and with God, and thus you will trifle yourselves down to hell."*

* Journal of Discourses, Vol. IV, pp. 249, 252.

The Mormon policy toward the surveyors soon took practical shape. On August 30, 1856, Burr reported a nearly fatal assault on one of his deputies by three Danites. Deputy Surveyor Craig reported efforts of the Mormons to stir up the Indians against the surveyors, and quoted a suggestion of the Deseret News that the surveyors be prosecuted in the territorial court for trespass. In February, 1857, Burr reported a visit he had had from the clerk of the Supreme Court, the acting district attorney, and the territorial marshal, who told him plainly that the country was theirs.

They showed him a copy of a report that he had made to Washington, charging Young with extensive depredations, warned him that he could not write to Washington without their knowledge, and ordered that such letter writing should stop. "The fact is," Burr added, "these people repudiate the authority of the United States in this country, and are in open rebellion against the general government.... So strong have been my apprehensions of danger to the surveyors that I scarcely deemed it prudent to send any out.... We are by no means sure that we will be permitted to leave, for it is boldly asserted we would not get away alive."* He did escape early in the spring.

* For text of reports, see House Ex. Doc. No. 71, 1st Session, 35th Congress.

The reports of the Indian agents to the commissioner at Washington at this time were of the same character. Mormon trespasses on Indian land had caused more than one conflict with the savages, but, when there was a prospect of hostilities with the government, the Mormons took steps to secure Indian aid. In May, 1855, Indian Agent Hurt called the attention of the commissioner at Washington to the fact that the Mormons at their recent Conference had appointed a large number of missionaries to preach among the "Lamanites"; that these missionaries were "a class of lawless young men," and, as their influence was likely to be in favor of hostilities with the whites, he suggested that all Indian officers receive warning on the subject. Hurt was added to the list of fugitive federal officers from Utah, deeming it necessary to flee when news came of the approach of the troops in the fall of 1857. His escape was quite dramatic, some of his Indian friends assisting him. They reached General Johnston's camp about the middle of October, after suffering greatly from hunger and cold.

The Mormon leaders could scarcely fail to realize that a point must be reached when the federal government would assert its authority in Utah territory, but they deemed a conflict with the government of less serious moment than a surrender which would curtail their own civil and criminal jurisdiction, and bring their doctrine of polygamy within reach of the law. A specimen of the unbridled utterances of these leaders in those days will be found in a discourse by Mayor Grant in the Tabernacle, on March 2, 1856:—

"Who is afraid to die? None but the wicked. If they want to send troops here, let them come to those who have imported filth and whores, though we can attend to that class without so much expense to the Government. They will threaten us with United States troops! Why, your impudence and ignorance would bring a blush to the cheek of the veriest camp-follower among them. We ask no odds of you, you rotten carcasses, and I am not going to bow one hair's breadth to your influence. I would rather be cut into inch pieces than succumb one particle to such filthiness .... If we were to establish a whorehouse on every corner of our streets, as in nearly all other cities outside of Utah, either by law or otherwise, we should doubtless then be considered good fellows."*

* Journal of Discourses, Vol. III, pp. 234-235

Two weeks later Brigham Young, in a sermon in the same place, said, "I said then, and I shall always say, that I shall be governor as long as the Lord Almighty wishes me to govern this people.*

* Ibid., p. 258.

In January, 1853, Orson Pratt, as Mormon representative, began the publication in Washington, D.C., of a monthly periodical called The Seer, in which he defended polygamy, explained the Mormon creed, and set forth the attitude of the Mormons toward the United States government. The latter subject occupied a large part of the issue of January, 1854, in the shape of questions and answers. The following will give an illustration of their tone:—

"Q.—In what manner have the people of the United States treated the divine message contained in the Book of Mormon?

"A.—They have closed their eyes, their ears, their hearts and their doors against it. They have scorned, rejected and hated the servants of God who were sent to bear testimony of it.

"Q.—In what manner has the United States treated the Saints who have believed in this divine message?

"A.—They have proceeded to the most savage and outrageous persecutions;... dragged little children from their hiding-places, and, placing the muzzles of their guns to their heads, have blown out their brains, with the most horrid oaths and imprecations. They have taken the fair daughters of American citizens, bound them on benches used for public worship, and there, in great numbers, ravished them until death came to their relief."

Further answers were in the shape of an argument that the federal government was responsible for the losses of the Saints in Missouri and Illinois.



CHAPTER XII. THE MORMON "WAR"

The government at Washington and the people of the Eastern states knew a good deal more about Mormonism in 1856 than they did when Fillmore gave the appointment of governor to Young in 1850. The return of one federal officer after another from Utah with a report that his office was untenable, even if his life was not in danger, the practical nullification of federal law, and the light that was beginning to be shed on Mormon social life by correspondents of Eastern newspapers had aroused enough public interest in the matter to lead the politicians to deem it worthy of their attention. Accordingly, the Republican National Convention, in June, 1856, inserted in its platform a plank declaring that the constitution gave Congress sovereign power over the territories, and that "it is both the right and the duty of Congress to prohibit in the territories those twin relics of barbarism—polygamy and slavery."

A still more striking proof of the growing political importance of the Mormon question was afforded by the attention paid to it by Stephen A. Douglas in a speech in Springfield, Illinois, on June 12, 1856, when he was hoping to secure the Democratic nomination for President. This former friend of the Mormons, their spokesman in the Senate, now declared that reports from the territory seemed to justify the belief that nine-tenths of its inhabitants were aliens; that all were bound by horrid oaths and penalties to recognize and maintain the authority of Brigham Young; and that the Mormon government was forming alliances with the Indians, and organizing Danite bands to rob and murder American citizens. "Under this view of the subject," said he, "I think it is the duty of the President, as I have no doubt it is his fixed purpose, to remove Brigham Young and all his followers from office, and to fill their places with bold, able, and true men; and to cause a thorough and searching investigation into all the crimes and enormities which are alleged to be perpetrated daily in that territory under the direction of Brigham Young and his confederates; and to use all the military force necessary to protect the officers in discharge of their duties and to enforce the laws of the land. When the authentic evidence shall arrive, if it shall establish the facts which are believed to exist, it will become the duty of Congress to apply the knife, and cut out this loathsome, disgusting ulcer."*

* Text of the speech in New York Times of June 23, 1856.

This, of course, caused the Mormons to pour out on Judge Douglas the vials of their wrath, and, when he failed to secure the presidential nomination, they found in his defeat the verification of one of Smith's prophecies.

The Mormons, on their part, had never ceased their demands for statehood, and another of their efforts had been made in the preceding spring, when a new constitution of the State of Deseret was adopted by a convention over which the notorious Jedediah M. Grant presided, and sent to Washington with a memorial pleading for admission to the Union, "that another star, shedding mild radiance from the tops of the mountains, midway between the borders of the Eastern and Western civilization, may add its effulgence to that bright light now so broadly illumining the governmental pathway of nations"; and declaring that "the loyalty of Utah has been variously and most thoroughly tested." Congress treated this application with practical contempt, the Senate laying the memorial on the table, and the chairman of the House Committee on Territories, Galusha A. Grow, refusing to present the constitution to the House.

Alarmed at the manifestations of public feeling in the East, and the demand that President Buchanan should do something to vindicate at least the dignity of the government, the Mormon leaders and press renewed their attacks on the character of all the federal officers who had criticized them, and the Deseret News urged the President to send to Utah "one or more civilians on a short visit to look about them and see what they can see, and return and report." The value of observations by such "short visitors" on such occasions need not be discussed.

President Buchanan, instead of following any Mormon advice, soon after his inauguration directed the organization of a body of troops to march to Utah to uphold the federal authorities, and in July, after several persons had declined the office, appointed as governor of Utah Alfred Cumming of Georgia. The appointee was a brother of Colonel William Cumming, who won renown as a soldier in the War of 1812, who was a Union party leader in the nullification contest in Jackson's time, and who was a participant in a duel with G. McDuffie that occupied a good deal of attention. Alfred Cumming had filled no more important positions than those of mayor of Augusta, Georgia, sutler in the Mexican War, and superintendent of Indian affairs on the upper Missouri. A much more commendable appointment made at the same time was that of D. R. Eckles, a Kentuckian by birth, but then a resident of Indiana, to be chief justice of the territory. John Cradlebaugh and C. E. Sinclair were appointed associate justices, with John Hartnett as secretary, and Peter K. Dotson as marshal. The new governor gave the first illustration of his conception of his duties by remaining in the East, while the troops were moving, asking for an increase of his salary, a secret service fund, and for transportation to Utah. Only the last of these requests was complied with.

President Buchanan's position as regards Utah at this time was thus stated in his first annual message to Congress (December 8, 1857):—

"The people of Utah almost exclusively belong to this [Mormon] church, and, believing with a fanatical spirit that he [Young] is Governor of the Territory by divine appointment, they obey his commands as if these were direct revelations from heaven. If, therefore, he chooses that his government shall come into collision with the government of the United States, the members of the Mormon church will yield implicit obedience to his will. Unfortunately, existing facts leave but little doubt that such is his determination. Without entering upon a minute history of occurrences, it is sufficient to say that all the officers of the United States, judicial and executive, with the single exception of two Indian agents, have found it necessary for their own safety to withdraw from the Territory, and there no longer remained any government in Utah but the despotism of Brigham Young. This being the condition of affairs in the Territory, I could not mistake the path of duty. As chief executive magistrate, I was bound to restore the supremacy of the constitution and laws within its limits. In order to effect this purpose, I appointed a new governor and other federal officers for Utah, and sent with them a military force for their protection, and to aid as a posse comitatus in case of need in the execution of the laws.

"With the religious opinions of the Mormons, as long as they remained mere opinions, however deplorable in themselves and revolting to the moral and religious sentiments of all Christendom, I have no right to interfere. Actions alone, when in violation of the constitution and laws of the United States, become the legitimate subjects for the jurisdiction of the civil magistrate. My instructions to Governor Cumming have, therefore, been framed in strict accordance with these principles."

This statement of the situation of affairs in Utah, and of the duty of the President in the circumstances, did not admit of criticism. But the country at that time was in a state of intense excitement over the slavery question, with the situation in Kansas the centre of attention; and it was charged that Buchanan put forward the Mormon issue as a part of his scheme to "gag the North" and force some question besides slavery to the front; and that Secretary of War Floyd eagerly seized the opportunity to remove "the flower of the American army" and a vast amount of munition and supplies to a distant place, remote from Eastern connections. The principal newspapers in this country were intensely partisan in those days, and party organs like the New York Tribune could be counted on to criticise any important step taken by the Democratic President. Such Mormon agents as Colonel Kane and Dr. Bernhisel, the Utah Delegate to Congress, were doing active work in New York and Washington, and some of it with effect. Horace Greeley, in his "Overland journey," describing his call on Brigham Young a few years later, says that he was introduced by "my friend Dr. Bernhisel." The "Tribune Almanac" for 1859, in an article on the Utah troubles, quoted as "too true" Young's declaration that "for the last twenty-five years we have trusted officials of the government, from constables and justices to judges, governors, and presidents, only to be scorned, held in derision, insulted and betrayed."* Ulterior motives aside, no President ever had a clearer duty than had Buchanan to maintain the federal authority in Utah, and to secure to all residents in and travellers through that territory the rights of life and property. The just ground for criticising him is, not that he attempted to do this, but that he faltered by the way.**

* Greeley's leaning to the Mormon side was quite persistent, leading him to support Governor Cumming a little later against the federal judges. The Mormons never forgot this. A Washington letter of April 24, 1874, to the New York Times said: "When Mr. Greeley was nominated for President the Mormons heartily hoped for his election. The church organs and the papers taken in the territory were all hostile to the administration, and their clamor deceived for a time people far more enlightened than the followers of the modern Mohammed. It is said that, while the canvass was pending, certain representatives of the Liberal-Democratic alliance bargained with Brigham Young, and that he contributed a very large sum of money to the treasury of the Greeley fund, and that, in consideration of this contribution, he received assurances that, if he should send a polygamist to Congress, no opposition would be made by the supporters of the administration that was to be, to his admission to the House. Brigham therefore sent Cannon instead of returning Hooper."

** It is curious to notice that the Utah troubles are entirely ignored in the "Life of James Buchanan " (1883) by George Ticknor Curtis, who was the counsel for the Mormons in the argument concerning polygamy before the United States Supreme Court in 1886.

Early in 1856 arrangements were entered into with H. C. Kimball for a contract to carry the mail between Independence, Missouri, and Salt Lake City. Young saw in this the nucleus of a big company that would maintain a daily express and mail service to and from the Mormon centre, and he at once organized the Brigham Young Express Carrying Company, and had it commended to the people from the pulpit. But recent disclosures of Mormon methods and purposes had naturally caused the government to question the propriety of confiding the Utah and transcontinental mails to Mormon hands, and on June 10, 1857, Kimball was notified that the government would not execute the contract with him, "the unsettled state of things at Salt Lake City rendering the mails unsafe under present circumstances." Mormon writers make much of the failure to execute this mail contract as an exciting cause of the "war." Tullidge attributes the action of the administration to three documents—a letter from Mail Contractor W. M. F. Magraw to the President, describing the situation in Utah, Judge Drummond's letter of resignation, and a letter from Indian Agent T. S. Twiss, dated July 13, 1856, informing the government that a large Mormon colony had taken possession of Deer Creek Valley, only one hundred miles west of Fort Laramie, driving out a settlement of Sioux whom the agent had induced to plant corn there, and charging that the Mormon occupation was made with a view to the occupancy of the country, and "under cover of a contract of the Mormon church to carry the mails."* Tullidge's statement could be made with hope of its acceptance only to persons who either lacked the opportunity or inclination to ascertain the actual situation in Utah and the President's sources of information.

* All these may be found in House Ex. Doc. No. 71, 1st Session, 35th Congress.

As to the mails, no autocratic government like that of Brigham Young would neglect to make what use it pleased of them in its struggle with the authorities at Washington. As early as November, 1851, Indian Agent Holman wrote to the Indian commissioner at Washington from Salt Lake City: "The Gentiles, as we are called who do not belong to the Mormon church, have no confidence in the management of the post-office here. It is believed by many that there is an examination of all letters coming and going, in order that they may ascertain what is said of them and by whom it is said. This opinion is so strong that all communications touching their character or conduct are either sent to Bridger or Laramie, there to be mailed. I send this communication through a friend to Laramie, to be there mailed for the States."

Testimony on this point four years later, from an independent source, is found in a Salt Lake City letter, of November 3, 1855, to the New York Herald. The writer said: "From September 5, to the 27th instant the people of this territory had not received any news from the States except such as was contained in a few broken files of California papers.... Letters and papers come up missing, and in the same mail come papers of very ancient dates; but letters once missing may be considered as irrevocably lost. Of all the numerous numbers of Harper's, Gleason's, and other illustrated periodicals subscribed for by the inhabitants of this territory, not one, I have been informed, has ever reached here." The forces selected for the expedition to Utah consisted of the Second Dragoons, then stationed at Fort Leavenworth in view of possible trouble in Kansas; the Fifth Infantry, stationed at that time in Florida; the Tenth Infantry, then in the forts in Minnesota; and Phelps's Battery of the Fourth Artillery, that had distinguished itself at Buena Vista—a total of about fifteen hundred men. Reno's Battery was added later.

General Scott's order provided for two thousand head of cattle to be driven with the troops, six months' supply of bacon, desiccated vegetables, 250 Sibley tents, and stoves enough to supply at least the sick. General Scott himself had advised a postponement of the expedition until the next year, on account of the late date at which it would start, but he was overruled. The commander originally selected for this force was General W. S. Harney; but the continued troubles in Kansas caused his retention there (as well as that of the Second Dragoons), and, when the government found that the Mormons proposed serious resistance, the chief command was given to Colonel Albert Sidney Johnston, a West Point graduate, who had made a record in the Black Hawk War; in the service of the state of Texas, first in 1836 under General Rusk, and eventually as commander-in-chief in the field, and later as Secretary of War; and in the Mexican War as colonel of the First Texas Rifles. He was killed at the battle of Shiloh during the War of the Rebellion.

General Harney's letter of instruction, dated June 29, giving the views of General Scott and the War Department, stated that the civil government in Utah was in a state of rebellion; he was to attack no body of citizens, however, except at the call of the governor, the judges, or the marshals, the troops to be considered as a posse comitatus; he was made responsible for "a jealous, harmonious, and thorough cooperation" with the governor, accepting his views when not in conflict with military judgment and prudence. While the general impression, both at Washington and among the troops, was that no actual resistance to this force would be made by Young's followers, the general was told that "prudence requires that you should anticipate resistance, general, organized, and formidable, at the threshold."

Great activity was shown in forwarding the necessary supplies to Fort Leavenworth, and in the last two weeks of July most of the assigned troops were under way. Colonel Johnston arrived at Fort Leavenworth on September 11, assigned six companies of the Second Dragoons, under Lieutenant Colonel P. St. George Cooke, as an escort to Governor Cumming, and followed immediately after them. Major (afterward General) Fitz John Porter, who accompanied Colonel Johnston as assistant adjutant general, describing the situation in later years, said:—

"So late in the season had the troops started on this march that fears were entertained that, if they succeeded in reaching their destination, it would be only by abandoning the greater part of their supplies, and endangering the lives of many men amid the snows of the Rocky Mountains. So much was a terrible disaster feared by those acquainted with the rigors of a winter life in the Rocky Mountains, that General Harney was said to have predicted it, and to have induced Walker [of Kansas] to ask his retention."

Meanwhile, the Mormons had received word of what was coming. When A. O. Smoot reached a point one hundred miles west of Independence, with the mail for Salt Lake City, he met heavy freight teams which excited his suspicion, and at Kansas City obtained sufficient particulars of the federal expedition. Returning to Fort Laramie, he and O. P. Rockwell started on July 18, in a light wagon drawn by two fast horses, to carry the news to Brigham Young. They made the 513 miles in five days and three hours, arriving on the evening of July 23. Undoubtedly they gave Young this important information immediately. But Young kept it to himself that night. On the following day occurred the annual celebration of the arrival of the pioneers in the valley. To the big gathering of Saints at Big Cottonwood Lake, twenty- four miles from the city, Young dramatically announced the news of the coming "invasion." His position was characteristically defiant. He declared that "he would ask no odds of Uncle Sam or the devil," and predicted that he would be President of the United States in twelve years, or would dictate the successful candidate. Recalling his declaration ten years earlier that, after ten years of peace, they would ask no odds of the United States, he declared that that time had passed, and that thenceforth they would be a free and independent state—the State of Deseret.

The followers of Young eagerly joined in his defiance of the government, and in the succeeding weeks the discourses and the editorials of the Deseret News breathed forth dire threats against the advancing foe. Thus, the News of August 12 told the Washington authorities, "If you intend to continue the appointment of certain officers,"—that is, if you do not intend to surrender to the church federal jurisdiction in Utah—"we respectfully suggest that you appoint actually intelligent and honorable men, who will wisely attend to their own duties, and send them unaccompanied by troops"—that is, judges who would acknowledge the supremacy of the Mormon courts, or who, if not, would have no force to sustain them. This was followed by a threat that if any other kind of men were sent "they will really need a far larger bodyguard than twenty-five hundred soldiers."* The government was, in another editorial, called on to "entirely clear the track, and accord us the privilege of carrying our own mails at our own expense," and was accused of "high handedly taking away our rights and privileges, one by one, under pretext that the most devilish should blush at."

* An Englishman, in a letter to the New York Observer, dated London, May 26, 1857, said, "The English Mormons make no secret of their expectation that a collision will take place with the American authorities," and he quoted from a Mormon preacher's words as follows: "As to a collision with the American Government, there cannot be two opinions on the matter. We shall have judges, governors, senators and dragoons invading us, imprisoning and murdering us; but we are prepared, and are preparing judges, governors, senators and dragoons who will know how to dispose of their friends. The little stone will come into collision with the iron and clay and grind them to powder. It will be in Utah as it was in Nauvoo, with this difference, we are prepared now for offensive or defensive war; we were not then." Young in the pulpit was in his element. One example of his declarations must suffice:—

"I am not going to permit troops here for the protection of the priests and the rabble in their efforts to drive us from the land we possess.... You might as well tell me that you can make hell into a powder house as to tell me that they intend to keep an army here and have peace.... I have told you that if there is any man or woman who is not willing to destroy everything of their property that would be of use to an enemy if left, I would advise them to leave the territory, and I again say so to-day; for when the time comes to burn and lay waste our improvements, if any man undertakes to shield his, he will be treated as a traitor; for judgment will be laid to the line and righteousness to the plummet."*

* Tullidge's "History of Salt Lake City," p. 160.

The official papers of Governor Young are perhaps the best illustrations of the spirit with which the federal authorities had to deal.

Words, however, were not the only weapons which the Mormons employed against the government at the start. Daniel H. Wells, "Lieutenant General" and commander of the Nauvoo Legion, which organization had been kept up in Utah, issued, on August 1, a despatch to each of twelve commanding officers of the Legion in the different settlements in the territory, declaring that "when anarchy takes the place of orderly government, and mobocratic tyranny usurps the powers of the rulers, they [the people of the territory] have left the inalienable right to defend themselves against all aggression upon their constitutional privileges"; and directing them to hold their commands ready to march to any part of the territory, with ammunition, wagons, and clothing for a winter campaign. In the Legion were enrolled all the able-bodied males between eighteen and forty-five years, under command of a lieutenant general, four generals, eleven colonels, and six majors.

The first mobilization of this force took place on August 15, when a company was sent eastward over the usual route to aid incoming immigrants and learn the strength of the federal force. By the employment of similar scouts the Mormons were thus kept informed of every step of the army's advance. A scouting party camped within half a mile of the foremost company near Devil's Gate on September 22, and did not lose sight of it again until it went into camp at Harris's Fort, where supplies had been forwarded in advance.

Captain Stewart Van Vliet, of General Harney's staff, was sent ahead of the troops, leaving Fort Leavenworth on July 28, to visit Salt Lake City, ascertain the disposition of the church authorities and the people toward the government, and obtain any other information that would be of use. Arriving in Salt Lake City in thirty three and a half days, he was received with affability by Young, and there was a frank interchange of views between them. Young recited the past trials of the Mormons farther east, and said that "therefore he and the people of Utah had determined to resist all persecution at the commencement, and that the TROOPS NOW ON THE MARCH FOR UTAH SHOULD NOT ENTER THE GREAT SALT LAKE VALLEY. As he uttered these words, all those present concurred most heartily."* Young said they had an abundance of everything required by the federal troops, but that nothing would be sold to the government. When told that, even if they did succeed in preventing the present military force from entering the valley the coming winter, they would have to yield to a larger force the following year, the reply was that that larger force would find Utah a desert; they would burn every house, cut down every tree, lay waste every field. "We have three years' provisions on hand," Young added, "which we will cache, and then take to the mountains and bid defiance to all the powers of the government."

* The quotations are from Captain Van Vliet's official report in House Ex. Doc. No. 71, previously referred to. Tullidge's "History of Salt Lake City" (p. 16l) gives extracts from Apostle Woodruff's private journal of notes on the interview between Young and Captain Van Vliet, on September 12 and 13, in which Young is reported as saying: "We do not want to fight the United States, but if they drive us to it we shall do the best we can. God will overthrow them. We are the supporters of the constitution of the United States. If they dare to force the issue, I shall not hold the Indians by the wrist any longer for white men to shoot at them; they shall go ahead and do as they please."

When Young called for a vote on that proposition by an audience of four thousand persons in the Tabernacle, every hand was raised to vote yes. Captain Van Vliet summed up his view of the situation thus: that it would not be difficult for the Mormons to prevent the entrance of the approaching force that season; that they would not resort to actual hostilities until the last moment, but would burn the grass, stampede the animals, and cause delay in every manner.

The day after Captain Van Vliet left Salt Lake City, Governor Young gave official expression to his defiance of the federal government by issuing the following proclamation:—

"Citizens of Utah: We are invaded by a hostile force, who are evidently assailing us to accomplish our overthrow and destruction.

"For the last twenty-five years we have trusted officials of the government, from constables and justices to judges, governors, and Presidents, only to be scorned, held in derision, insulted, and betrayed. Our houses have been plundered and then burned, our fields laid waste, our principal men butchered, while under the pledged faith of the government for their safety, and our families driven from their homes to find that shelter in the barren wilderness and that protection among hostile savages, which were denied them in the boasted abodes of Christianity and civilization.

"The constitution of our common country guarantees unto us all that we do now or have ever claimed. If the constitutional rights which pertain unto us as American citizens were extended to Utah, according to the spirit and meaning thereof, and fairly and impartially administered, it is all that we can ask, all that we have ever asked.

"Our opponents have availed themselves of prejudice existing against us, because of our religious faith, to send out a formidable host to accomplish our destruction. We have had no privilege or opportunity of defending ourselves from the false, foul, and unjust aspersions against us before the nation. The government has not condescended to cause an investigating committee, or other persons, to be sent to inquire into and ascertain the truth, as is customary in such cases. We know those aspersions to be false; but that avails us nothing. We are condemned unheard, and forced to an issue with an armed mercenary mob, which has been sent against us at the instigation of anonymous letter writers, ashamed to father the base, slanderous falsehoods which they have given to the public; of corrupt officials, who have brought false accusations against us to screen themselves in their own infamy; and of hireling priests and howling editors, who prostitute the truth for filthy lucre's sake.

"The issue which has thus been forced upon us compels us to resort to the great first law of self-preservation, and stand in our own defence, a right guaranteed to us by the genius of the institutions of our country, and upon which the government is based. Our duty to ourselves, to our families, requires us not to tamely submit to be driven and slain, without an attempt to preserve ourselves; our duty to our country, our holy religion, our God, to freedom and liberty, requires that we should not quietly stand still and see those fetters forging around us which were calculated to enslave and bring us in subjection to an unlawful, military despotism, such as can only emanate, in a country of constitutional law, from usurpation, tyranny, and oppression.

"Therefore, I, Brigham Young, Governor and Superintendent of Indian Affairs for the Territory of Utah, in the name of the people of the United States in the Territory of Utah, forbid:

"First. All armed forces of every description from coming into this Territory, under any pretence whatever.

"Second. That all forces in said Territory hold themselves in readiness to march at a moment's notice to repel any and all such invasion.

"Third. Martial law is hereby declared to exist in this Territory from and after the publication of this proclamation, and no person shall be allowed to pass or repass into or through or from this Territory without a permit from the proper officer.

"Given under my hand and seal, at Great Salt Lake City, Territory of Utah, this 15th day of September, A.D. 1857, and of the independence of the United States of America the eighty-second.

"BRIGHAM YOUNG."

The advancing troops received from Captain Van Vliet as he passed eastward their first information concerning the attitude of the Mormons toward them, and Colonel Alexander, in command of the foremost companies, accepted his opinion that the Mormons would not attack them if the army did not advance beyond Fort Bridger or Fort Supply, this idea being strengthened by the fact that one hundred wagon loads of stores, undefended, had remained unmolested on Ham's Fork for three weeks. The first division of the federal troops marched across Greene River on September 27, and hurried on thirty five miles to what was named Camp Winfield, on Ham's Fork, a confluent of Black Fork, which emptied into Greene River. Phelps's and Reno's batteries and the Fifth Infantry reached there about the same time, but there was no cavalry, the kind of force most needed, because of the detention of the Dragoons in Kansas.

On September 30 General Wells forwarded to Colonel Alexander, from Fort Bridger, Brigham Young's proclamation of September 15, a copy of the laws of Utah, and the following letter addressed to "the officer commanding the forces now invading Utah Territory":

"GOVERNOR'S OFFICE, UTAH TERRITORY,

GREAT SALT LAKE CITY, September 29, 1857.

"Sir: By reference to the act of Congress passed September 9, 1850, organizing the Territory of Utah, published in a copy of the laws of Utah, herewith forwarded, pp. 146-147, you will find the following:—

'Sec. 2. And be it further enacted, that the executive power and authority in and over said Territory of Utah shall be vested in a Governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The Governor shall reside within said Territory, shall be Commander-in-chief of the militia thereof', etc., etc.

"I am still the Governor and Superintendent of Indian Affairs for this Territory, no successor having been appointed and qualified, as provided by law; nor have I been removed by the President of the United States.

"By virtue of the authority thus vested in me, I have issued, and forwarded you a copy of, my proclamation forbidding the entrance of armed forces into this Territory. This you have disregarded. I now further direct that you retire forthwith from the Territory, by the same route you entered. Should you deem this impracticable, and prefer to remain until spring in the vicinity of your present encampment, Black's Fork or Greene River, you can do so in peace and unmolested, on condition that you deposit your arms and ammunition with Lewis Robinson, Quartermaster General of the Territory, and leave in the spring, as soon as the condition of the roads will permit you to march; and, should you fall short of provisions, they can be furnished you, upon making the proper applications therefor. General D. H. Wells will forward this, and receive any communications you may have to make.

Very respectfully,

"BRIGHAM YOUNG,

"Governor and Superintendent of Indian Affairs, Utah Territory."

General Wells's communication added to this impudent announcement the declaration, "It may be proper to add that I am here to aid in carrying out the instructions of Governor Young."

On October 2 Colonel Alexander, in a note to Governor Young, acknowledged the receipt of his enclosures, said that he would submit Young's letter to the general commanding as soon as he arrived, and added, "In the meantime I have only to say that these troops are here by the orders of the President of the United States, and their future movements and operations will depend entirely upon orders issued by competent military authority."

Two Mormon officers, General Robinson and Major Lot Smith, had been sent to deliver Young's letter and proclamation to the federal officer in command, but they did not deem it prudent to perform this office in person, sending a Mexican with them into Colonel Alexander's camp.* In the same way they received Colonel Alexander's reply.

* Tullidge's "History of Salt Lake City," p. 171.

The Mormon plan of campaign was already mapped out, and it was thus stated in an order of their commanding general, D. H. Wells, a copy of which was found on a Mormon major, Joseph Taylor, to whom it was addressed:—

"You will proceed, with all possible despatch, without injuring your animals, to the Oregon road, near the bend of Bear River, north by east of this place. Take close and correct observations of the country on your route. When you approach the road, send scouts ahead to ascertain if the invading troops have passed that way. Should they have passed, take a concealed route and get ahead of them, express to Colonel Benton, who is now on that road and in the vicinity of the troops, and effect a junction with him, so as to operate in concert. On ascertaining the locality or route of the troops, proceed at once to annoy them in every possible way. Use every exertion to stampede their animals and set fire to their trains. Burn the whole country before them and on their flanks. Keep them from sleeping by night surprises; blockade the road by felling trees or destroying river fords, where you can. Watch for opportunities to set fire to the grass on their windward, so as if possible to envelop their trains. Leave no grass before them that can be burned. Keep your men concealed as much as possible, and guard against surprise. Keep scouts out at all times, and communications open with Colonel Benton, Major McAllster and O. P. Rockwell, who are operating in the same way. Keep me advised daily of your movements, and every step the troops take, and in which direction.

"God bless you and give you success. Your brother in Christ."

The first man selected to carry out this order was Major Lot Smith. Setting out at 4 P.M., on October 3, with forty-four men, after an all night's ride, he came up with a federal supply train drawn by oxen. The captain of this train was ordered to "go the other way till he reached the States." As he persistently retraced his steps as often as the Mormons moved away, the latter relieved his wagons of their load and left him. Sending one of his captains with twenty men to capture or stampede the mules of the Tenth Regiment, Smith, with the remainder of his force, started for Sandy Fork to intercept army trains.

Scouts sent ahead to investigate a distant cloud of dust reported that it was made by a freight train of twenty-six wagons. Smith allowed this train to proceed until dark, and then approached it undiscovered. Finding the drivers drunk, as he afterward explained, and fearing that they would be belligerent and thus compel him to disobey his instruction "not to hurt any one except in self-defence," he lay concealed until after midnight. His scouts meanwhile had reported to him that the train was drawn up for the night in two lines.

Allowing the usual number of men to each wagon, Smith decided that his force of twenty-four was sufficient to capture the outfit, and, mounting his command, he ordered an advance on the camp. But a surprise was in store for him. His scouts had failed to discover that a second train had joined the first, and that twice the force anticipated confronted them. When this discovery was made, the Mormons were too close to escape observation. Members of Smith's party expected that their leader would now make some casual inquiry and then ride on, as if his destination were elsewhere. Smith, however, decided differently. As his force approached the camp-fire that was burning close to the wagons, he noticed that the rear of his column was not distinguishable in the darkness, and that thus the smallness of their number could not be immediately discovered. He, therefore, asked at once for the captain of the train, and one Dawson stepped forward. Smith directed him to have his men collect their private property at once, as he intended to "put a little fire" into the wagons. "For God's sake, don't burn the trains," was the reply. Dawson was curtly told where his men were to stack their arms, and where they were themselves to stand under guard. Then, making a torch, Smith ordered one of the government drivers to apply it, in order that "the Gentiles might spoil the Gentiles," as he afterward expressed it. The destruction of the supplies was complete. Smith allowed an Indian to take two wagon covers for a lodge, and some flour and soap, and compelled Dawson to get out some provisions for his own men. Nothing else was spared.

The official list of rations thus destroyed included 2720 pounds of ham, 92,700 of bacon, 167,900 of flour, 8910 of coffee, 1400 of sugar, 1333 of soap, 800 of sperm candles, 765 of tea, 7781 of hard bread, and 68,832 rations of desiccated vegetables. Another train was destroyed by the same party the next day on the Big Sandy, besides a few sutlers' wagons that were straggling behind.

On October 5 Colonel Alexander assumed command of all the troops in the camp. He found his position a trying one. In a report dated October 8, he said that his forage would last only fourteen days, that no information of the position or intentions of the commanding officer had reached him, and that, strange as it may appear, he was "in utter ignorance of the objects of the government in sending troops here, or the instructions given for their conduct after reaching here." In these circumstances, he called a council of his officers and decided to advance without waiting for Colonel Johnston and the other companies, as he believed that delay would endanger the entire force. He selected as his route to a wintering place, not the most direct one to Salt Lake City, inasmuch as the canons could be easily defended, but one twice as long (three hundred miles), by way of Soda Springs, and thence either down Bear River Valley or northeast toward the Wind River Mountains, according to the resistance he might encounter.

The march, in accordance with this decision, began on October 11, and a weary and profitless one it proved to be. Snow was falling as the column moved, and the ground was covered with it during their advance. There was no trail, and a road had to be cut through the greasewood and sage brush. The progress was so slow— often only three miles a day—and the supply train so long, that camp would sometimes be pitched for the night before the rear wagons would be under way. Wells's men continued to carry out his orders, and, in the absence of federal cavalry, with little opposition. One day eight hundred oxen were "cut out" and driven toward Salt Lake City.

Conditions like these destroyed the morale of both officers and men, and there were divided counsels among the former, and complaints among the latter. Finally, after having made only thirty-five miles in nine days, Colonel Alexander himself became discouraged, called another council, and, in obedience to its decision, on October 19 directed his force to retrace their steps. They moved back in three columns, and on November 2 all of them had reached a camp on Black's Fork, two miles above Fort Bridger.

Colonel Johnston had arrived at Fort Laramie on October 5, and, after a talk with Captain Van Vliet, had retained two additional companies of infantry that were on the way to Fort Leavenworth. As he proceeded, rumors of the burning of trains, exaggerated as is usual in such times, reached him. Having only about three hundred men to guard a wagon train six miles in length, some of the drivers showed signs of panic, and the colonel deemed the situation so serious that he accepted an offer of fifty or sixty volunteers from the force of the superintendent of the South Pass wagon road. He was fortunate in having as his guide the well known James Bridger, to whose knowledge of Rocky Mountain weather signs they owed escapes from much discomfort, by making camps in time to avoid coming storms.

But even in camp a winter snowstorm is serious to a moving column, especially when it deprives the animals of their forage, as it did now. The forage supply was almost exhausted when South Pass was reached, and the draught and beef cattle were in a sad plight. Then came another big snowstorm and a temperature of l6 deg., during which eleven mules and a number of oxen were frozen to death. In this condition of affairs, Colonel Johnston decided that a winter advance into Salt Lake Valley was impracticable. Learning of Colonel Alexander's move, which he did not approve, he sent word for him to join forces with his own command on Black's Fork, and there the commanding officer arrived on November 3.

Lieutenant Colonel Cooke, of the Second Dragoons, with whom Governor Cumming was making the trip, had a harrowing experience. There was much confusion in organizing his regiment of six companies at Fort Leavenworth, and he did not begin his march until September 17, with a miserable lot of mules and insufficient supplies. He found little grass for the animals, and after crossing the South Platte on October 15, they began to die or to drop out. From that point snow and sleet storms were encountered, and, when Fort Laramie was reached, so many of the animals had been left behind or were unable to travel, that some of his men were dismounted, the baggage supply was reduced, and even the ambulances were used to carry grain. After passing Devil's Gate, they encountered a snowstorm on November 5. The best shelter their guide could find was a lofty natural wall at a point known as Three Crossings. Describing their night there he says: "Only a part of the regiment could huddle behind the rock in the deep snow; whilst, the long night through, the storm continued, and in fearful eddies from above, before, behind, drove the falling and drifting snow. Thus exposed, for the hope of grass the poor animals were driven, with great devotion, by the men once more across the stream and three-quarters of a mile beyond, to the base of a granite ridge, which almost faced the storm. There the famished mules, crying piteously, did not seek to eat, but desperately gathered in a mass, and some horses, escaping guard, went back to the ford, where the lofty precipice first gave us so pleasant relief and shelter."

The march westward was continued through deep snow and against a cold wind. On November 8 twenty-three mules had given out, and five wagons had to be abandoned. On the night of the 9th, when the mules were tied to the wagons, "they gnawed and destroyed four wagon tongues, a number of wagon covers, ate their ropes, and getting loose, ate the sage fuel collected at the tents." On November 10 nine horses were left dying on the road, and the thermometer was estimated to have marked twenty-five degrees below zero. Their thermometers were all broken, but the freezing of a bottle of sherry in a trunk gave them a basis of calculation.

The command reached a camp three miles below Fort Bridger on November 19. Of one hundred and forty-four horses with which they started, only ten reached that camp.



CHAPTER XIII. THE MORMON PURPOSE

When Colonel Johnston arrived at the Black's Fork camp the information he received from Colonel Alexander, and certain correspondence with the Mormon authorities, gave him a comprehensive view of the situation; and on November 5 he forwarded a report to army headquarters in the East, declaring that it was the matured design of the Mormons "to hold and occupy this territory independent of and irrespective of the authority of the United States," entertaining "the insane design of establishing a form of government thoroughly despotic, and utterly repugnant to our institutions."

The correspondence referred to began with a letter from Brigham Young to Colonel Alexander, dated October 14. Opening with a declaration of Young's patriotism, and the brazen assertion that the people of Utah "had never resisted even the wish of the President of the United States, nor treated with indignity a single individual coming to the territory under his authority," he went on to say:—

"But when the President of the United States so far degrades his high position, and prostitutes the highest gift of the people, as to make use of the military power (only intended for the protection of the people's rights) to crush the people's liberties, and compel them to receive officials so lost to self-respect as to accept appointments against the known and expressed wish of the people, and so craven and degraded as to need an army to protect them in their position, we feel that we should be recreant to every principle of self-respect, honor, integrity, and patriotism to bow tamely to such high-handed tyranny, a parallel for which is only found in the attempts of the British government, in its most corrupt stages, against the rights, liberties, and lives of our forefathers."

He then appealed to Colonel Alexander, as probably "the unwilling agent" of the administration, to return East with his force, saying, "I have yet to learn that United States officers are implicitly bound to obey the dictum of a despotic President, in violating the most sacred constitutional rights of American citizens."

On October 18 Colonel Alexander, acknowledging the receipt of Young's letter, said in his reply that no one connected with his force had any wish to interfere in any way with the religion of the people of Utah, adding: "I repeat my earnest desire to avoid violence and bloodshed, and it will require positive resistance to force me to it. But my troops have the same right of self- defence that you claim, and it rests entirely with you whether they are driven to the exercise of it."

Finding that he could not cajole the federal officer, Young threw off all disguise, and in reply to an earlier letter of Colonel Alexander, he gave free play to his vituperative powers. After going over the old Mormon complaints, and declaring that "both we and the Kingdom of God will be free from all hellish oppressors, the Lord being our helper," he wrote at great length in the following tone:—

"If you persist in your attempt to permanently locate an army in this Territory, contrary to the wishes and constitutional rights of the people therein, and with a view to aid the administration in their unhallowed efforts to palm their corrupt officials upon us, and to protect them and blacklegs, black-hearted scoundrels, whoremasters, and murderers, as was the sole intention in sending you and your troops here, you will have to meet a mode of warfare against which your tactics furnish you no information....

"If George Washington was now living, and at the helm of our government, he would hang the administration as high as he did Andre, and that, too, with a far better grace and to a much greater subserving the best interests of our country....

"By virtue of my office as Governor of the Territory of Utah, I command you to marshal your troops and leave this territory, for it can be of no possible benefit to you to wickedly waste treasures and blood in prosecuting your course upon the side of a rebellion against the general government by its administrators.... Were you and your fellow officers as well acquainted with your soldiers as I am with mine, and did they understand the work they were now engaged in as well as you may understand it, you must know that many of them would immediately revolt from all connection with so ungodly, illegal, unconstitutional and hellish a crusade against an innocent people, and if their blood is shed it shall rest upon the heads of their commanders. With us it is the Kingdom of God or nothing."

To this Colonel Alexander replied, on the 19th, that no citizen of Utah would be harmed through the instrumentality of the army in the performance of its duties without molestation, and that, as Young's order to leave the territory was illegal and beyond his authority, it would not be obeyed.

John Taylor, on October 21, added to this correspondence a letter to Captain Marcy, in which he ascribed to party necessity the necessity of something with which to meet the declaration of the Republicans against polygamy—the order of the President that troops should accompany the new governor to Utah; declared that the religion of the Mormons was "a right guaranteed to us by the constitution"; and reiterated their purpose, if driven to it, "to burn every house, tree, shrub, rail, every patch of grass and stack of straw and hay, and flee to the mountains." "How a large army would fare without resources," he added, "you can picture to yourself."*

* Text of this letter in House Ex. Doc. No. 71, 1st Session, 35th Congress, and Tullidge's "History of Salt Lake City."

The Mormon authorities meant just what they said from the start. Young was as determined to be the head of the civil government of the territory as he was to be the head of the church. He had founded a practical dictatorship, with power over life and property, and had discovered that such a dictatorship was necessary to the regulation of the flock that he had gathered around him and to the schemes that he had in mind. To permit a federal governor to take charge of the territory, backed up by troops who would sustain him in his authority, meant an end to Young's absolute rule. Rather than submit to this, he stood ready to make the experiment of fighting the government force, separated as that force was from its Eastern base of supplies; to lay waste the Mormon settlements, if it became necessary to use this method of causing a federal retreat by starvation; and, if this failed, to withdraw his flock to some new Zion farther south.

In accordance with this view, as soon as news of the approach of the troops reached Salt Lake Valley, all the church industries stopped; war supplies weapons and clothing were manufactured and accumulated; all the elders in Europe were ordered home, and the outlying colonies in Carson Valley and in southern California were directed to hasten to Salt Lake City. A correspondent of the San Francisco Bulletin at San Bernardino, California, reported that in the last six months the Mormons there had sent four or five tons of gunpowder and many weapons to Utah, and that, when the order to "gather" at the Mormon metropolis came, they sacrificed everything to obey it, selling real estate at a reduction of from 20 to 50 per cent, and furniture for any price that it would bring. The same sacrifices were made in Carson Valley, where 150 wagons were required to accommodate the movers. In Salt Lake City the people were kept wrought up to the highest pitch by the teachings of their leaders. Thus, Amasa W. Lyman told them, on October 8, that they would not be driven away, because "the time has come when the Kingdom of God should be built up."* Young told them the same day, "If we will stand up as men and women of God, the yoke shall never be placed upon our necks again, and all hell cannot overthrow us, even with the United States troops to help them."** Kimball told the people in the Tabernacle, on October 18: "They [the United States] will have to make peace with us, and we never again shall make peace with them. If they come here, they have got to give up their arms." Describing his plan of campaign, at the same service, after the reading of the correspondence between Young and Colonel Alexander, Young said: "Do you want to know what is going to be done with the enemies now on our border? As soon as they start to come into our settlements, let sleep depart from their eyes and slumber from their eyelids until they sleep in death. Men shall be secreted here and there, and shall waste away our enemies in the name of Israel's God."***

* Journal of Discourses, Vol. V, p. 319.

** Ibid., Vol. V, p. 332

*** Ibid., Vol. V, p. 338.

Young was equally explicit in telling members of his own flock what they might expect if they tried to depart at that time. In a discourse in the Tabernacle, on October 25, he said:—

"If any man or woman in Utah wants to leave this community, come to me and I will treat you kindly, as I always have, and will assist you to leave; but after you have left our settlements you must not then depend upon me any longer, nor upon the God I serve. You must meet the doom you have labored for.... After this season, when this ignorant army has passed off, I shall never again say to a man, 'Stay your rifle ball,' when our enemies assail us, but shall say, 'Slay them where you find them."'*

* Ibid, Vol. V, p. 352.

Kimball, on November 8, spoke with equal plainness on this subject:—

"When it is necessary that blood should be shed, we should be as ready to do that as to eat an apple. That is my religion, and I feel that our platter is pretty near clean of some things, and we calculate to keep it clean from this time henceforth and forever .... And if men and women will not live their religion, but take a course to pervert the hearts of the righteous, we will 'lay judgment to the line and righteousness to the plummet,' and we will let you know that the earth can swallow you up as did Koran with his hosts; and, as Brother Taylor says, you may dig your graves, and we will slay you and you may crawl into them."*

* Journal of Discourses, Vol. VI, p. 34.

The Mormon songs of the day breathed the same spirit of defiance to the United States authorities. A popular one at the Tabernacle services began:—

"Old Uncle Sam has sent, I understand, Du dah, A Missouri ass to rule our land, Du dah! Du dah day. But if he comes we'll have some fun, Du dah, To see him and his juries run, Du dah! Du dah day.

Chorus: Then let us be on hand, By Brigham Young to stand, And if our enemies do appear, We'll sweep them from the land."

Another still more popular song, called "Zion," contained these words:—

"Here our voices we'll raise, and will sing to thy praise, Sacred home of the Prophets of God; Thy deliverance is nigh, thy oppressors shall die, And the Gentiles shall bow 'neath thy rod."

When the Mormons found that the federal forces had gone into winter quarters, the Nauvoo Legion was massed in a camp called Camp Weber, at the mouth of Echo Canon. This canon they fortified with ditches and breastworks, and some dams intended to flood the roadway; but they succeeded in erecting no defences which could not have been easily overcome by a disciplined force. A watch was set day and night, so that no movement of "the invaders" could escape them, and the officer in charge was particularly forbidden to allow any civil officer appointed by the President to pass.

This careful arrangement was kept up all winter, but Tullidge says that no spies were necessary, as deserting soldiers and teamsters from the federal camp kept coming into the valley with information.

The territorial legislature met in December, and approved Governor Young's course, every member signing a pledge to maintain "the rights and liberties" of the territory. The legislators sent a memorial to Congress, dated January 6, 1858, demanding to be informed why "a hostile course is pursued toward an unoffending people," calling the officers who had fled from the territory liars, declaring that "we shall not again hold still while fetters are being forged to bind us," etc. This offensive document reached Washington in March, and was referred in each House to the Committee on Territories, where it remained. When the federal forces reached Fort Bridger, they found that the Mormons had burned the buildings, and it was decided to locate the winter camp—named Camp Scott—on Black's Fork, two miles above the fort. The governor and other civil officers spent the winter in another camp near by, named "Ecklesville," occupying dugouts, which they covered with an upper story of plastered logs. There was a careful apportionment of rations, but no suffering for lack of food.

An incident of the winter was the expedition of Captain Randolph B. Marcy across the Uinta Mountains to New Mexico, with two guides and thirty-five volunteer companions, to secure needed animals. The story of his march is one of the most remarkable on record, the company pressing on, even after Indian guides refused to accompany them to what they said was certain death, living for days only on the meat supplied by half-starved mules, and beating a path through deep snow. This march continued from November 27 to January 10, when, with the loss of only one man, they reached the valley of the Rio del Norte, where supplies were obtained from Fort Massachusetts. Captain Marcy started back on March 17, selecting a course which took him past Long's and Pike's Peaks. He reached Camp Scott on June 8, with about fifteen hundred horses and mules, escorted by five companies of infantry and mounted riflemen.

During the winter Governor Cumming sent to Brigham Young a proclamation notifying him of the arrival of the new territorial officers, and assuring the people that he would resort to the military posse only in case of necessity. Judge Eckles held a session of the United States District Court at Camp Scott on December 30, and the grand jury of that court found indictments for treason, resting on Young's proclamation and Wells's instructions, against Young, Kimball, Wells, Taylor, Grant, Locksmith, Rockwell, Hickman, and many others, but of course no arrests were made.

Meanwhile, at Washington, preparations were making to sustain the federal authority in Utah as soon as spring opened.* Congress made an appropriation, and authorized the enlistment of two regiments of volunteers; three thousand regular troops and two batteries were ordered to the territory, and General Scott was directed to sail for the Pacific coast with large powers. But General Scott did not sail, the army contracts created a scandal,** and out of all this preparation for active hostilities came peace without the firing of a shot; out of all this open defiance and vilification of the federal administration by the Mormon church came abject surrender by the administration itself.

* For the correspondence concerning the camp during the winter of 1858, see Sen. Doc., 2d Session, 35th Congress, Vol. II.

** Colonel Albert G. Brown, Jr., in his account of the Utah Expedition in the Atlantic Monthly for April, 1859, said: "To the shame of the administration these gigantic contracts, involving an amount of more than $6,000,000, were distributed with a view to influence votes in the House of Representatives upon the Lecompton Bill. Some of the lesser ones, such as those for furnishing mules, dragoon horses, and forage, were granted arbitrarily to relatives or friends of members who were wavering upon that question.

The principal contract, that for the transportation of all the supplies, involving for the year 1858 the amount of $4,500,000, was granted, without advertisement or subdivision, to a firm in Western Missouri, whose members had distinguished themselves in the effort to make Kansas a slave state, and now contributed liberally to defray the election expenses of the Democratic party."



CHAPTER XIV. COLONEL KANE'S MISSION

When Major Van Vliet returned from Utah to Washington with Young's defiant ultimatum, he was accompanied by J. M. Bernhisel, the territorial Delegate to Congress, who was allowed to retain his seat during the entire "war," a motion for his expulsion, introduced soon after Congress met, being referred to a committee which never reported on it, the debate that arose only giving further proof of the ignorance of the lawmakers about Mormon history, Mormon government, and Mormon ambition.

In Washington Bernhisel was soon in conference with Colonel T. L. Kane, that efficient ally of the Mormons, who had succeeded so well in deceiving President Fillmore. In his characteristically wily manner, Kane proposed himself to the President as a mediator between the federal authorities and the Mormon leaders.* At that early date Buchanan was not so ready for a compromise as he soon became, and the Cabinet did not entertain Kane's proposition with any enthusiasm. But Kane secured from the President two letters, dated December 3.** The first stated, in regard to Kane, "You furnish the strongest evidence of your desire to serve the Mormons by undertaking so laborious a trip," and that "nothing but pure philanthropy, and a strong desire to serve the Mormon people, could have dictated a course so much at war with your private interests." If Kane presented this credential to Young on his arrival in Salt Lake City, what a glorious laugh the two conspirators must have had over it! The President went on to reiterate the views set forth in his last annual message, and to say: "I would not at the present moment, in view of the hostile attitude they have assumed against the United States, send any agent to visit them on behalf of the government." The second letter stated that Kane visited Utah from his own sense of duty, and commended him to all officers of the United States whom he might meet.

* H. H. Bancroft ("History of Utah," p. 529) accepts the ridiculous Mormon assertion that Buchanan was compelled to change his policy toward the Mormons by unfavorable comments "throughout the United States and throughout Europe." Stenhouse says ("Rocky Mountain Saints," p. 386): "That the initiatory steps for the settlement of the Utah difficulties were made by the government, as is so constantly repeated by the Saints, is not true. The author, at the time of Colonel Kane's departure from New York for Utah, was on the staff of the New York Herald, and was conversant with the facts, and confidentially communicated them to Frederick Hudson, Esq., the distinguished manager of that great journal."

** Sen. Doc., 2d Session. 35th Congress, Vol. II, pp. 162-163.

Kane's method of procedure was, throughout, characteristic of the secret agent of such an organization as the Mormon church. He sailed from New York for San Francisco the first week in January, 1858, under the name of Dr. Osborn. As soon as he landed, he hurried to Southern California, and, joining the Mormons who had been called in from San Bernardino, he made the trip to Utah with them, arriving in Salt Lake City in February. On the evening of the day of his arrival he met the Presidency and the Twelve, and began an address to them as follows: "I come as ambassador from the Chief Executive of our nation, and am prepared and duly authorized to lay before you, most fully and definitely, the feelings and views of the citizens of our common country and of the Executive toward you, relative to the present position of this territory, and relative to the army of the United States now upon your borders." This is the report of Kane's words made by Tullidge in his "Life of Brigham Young." How the statement agrees with Kane's letters from the President is apparent on its face. The only explanation in Kane's favor is that he had secret instructions which contradicted those that were written and published. Kane told the church officers that he wished to "enlist their sympathies for the poor soldiers who are now suffering in the cold and snow of the mountains!" An interview of half an hour with Young followed—too private in its character to be participated in even by the other heads of the church. An informal discussion ensued, the following extracts from which, on Mormon authority, illustrate Kane's sympathies and purpose:—

"Did Dr. Bernhisel take his seat?"

Kane—"Yes. He was opposed by the Arkansas member and a few others, but they were treated as fools by more sagacious members; for, if the Delegate had been refused his seat, it would have been TANTAMOUNT TO A DECLARATION OF WAR."

"I suppose they [the Cabinet] are united in putting down Utah?"

Kane—"I think not."*

* Tullidge's "History of Salt Lake City," p. 203.

Kane was placed as a guest, still incognito, in the house of an elder, and, after a few days' rest, he set out for Camp Scott. His course on arriving there, on March 10, was again characteristic of the crafty emissary. Not even recognizing the presence of the military so far as to reply to a sentry's challenge, the latter fired on him, and he in turn broke his own weapon over the sentry's head. When seized, he asked to be taken to Governor Cumming, not to General Johnston.* "The compromise," explains Tullidge, "which Buchanan had to effect with the utmost delicacy, could only be through the new governor, and that, too, by his heading off the army sent to occupy Utah." A fancied insult from General Johnston due to an orderly's mistake led Kane to challenge the general to a duel; but a meeting was prevented by an order from Judge Eckles to the marshal to arrest all concerned if his command to the contrary was not obeyed.

"Governor Cumming," continued Tullidge, "could do nothing less than espouse the cause of the 'ambassador' who was there in the execution of a mission intrusted to him by the President of the United States."**

* Colonel Johnston was made a brigadier general that winter.

** Kane brought an impudent letter from Young, saying that he had learned that the United States troops were very destitute of provisions, and offering to send them beef cattle and flour. General Johnston replied to Kane that he had an abundance of provisions, and that, no matter what might be the needs of his army, he "would neither ask nor receive from President Young and his confederates any supplies while they continued to be enemies of the government" Kane replied to this the next day, expressing a fear that "it must greatly prejudice the public interest to refuse Mr. Young's proposal in such a manner," and begging the general to reconsider the matter. No farther notice seems to have been taken of the offer.

Kane did not make any mistake in his selection of the person to approach in camp. Judged by the results, and by his admissions in after years, the most charitable explanation of Cumming's course is that he was hoodwinked from the beginning by such masters in the art of deception as Kane and Young. A woman in Salt Lake City, writing to her sons in the East at the time, described the governor as in "appearance a very social, good-natured looking gentleman, a good specimen of an old country aristocrat, at ease in himself and at peace with all the world."* Such a man, whom the acts and proclamations and letters of Young did not incite to indignation, was in a very suitable frame of mind to be cajoled into adopting a policy which would give him the credit of bringing about peace, and at the same time place him at the head of the territorial affairs.

* New York Herald, July 2, 1858. For personal recollections of Cumming, see Perry's "Reminiscences of Public Men," p. 290. What is said by Governor Perry of Cumming's Utah career is valueless.

In looking into the causes of what was, from this time, a backing down by both parties to this controversy, we find at Washington that lack of an aggressive defence of the national interests confided to him by his office which became so much more evident in President Buchanan a few years later. Defied and reviled personally by Young in the latter's official communications, there was added reason to those expressed in the President's first message why this first rebellion, as he called it, "should be put down in such a manner that it shall be the last." But a wider question was looming up in Kansas, one in which the whole nation recognized a vital interest; a bigger struggle attracted the attention of the leading members of the Cabinet. The Lecompton Constitution was a matter of vastly more interest to every politician than the government of the sandy valley which the Mormons occupied in distant Utah.