On the Mormon side, defiant as Young was, and sincere as was his declaration that he would leave the valley a desert before the advance of a hostile force, his way was not wholly clear. His Legion could not successfully oppose disciplined troops, and he knew it. The conviction of himself and his associates on the indictments for treason could be prevented before an unbiased non-Mormon jury only by flight. Abjectly as his people obeyed him,—so abjectly that they gave up all their gold and silver to him that winter in exchange for bank notes issued by a company of which he was president,—the necessity of a reiteration of the determination to rule by the plummet showed that rebellion was at least a possibility? That Young realized his personal peril was shown by some "instructions and remarks" made by him in the Tabernacle just after Kane set out for Fort Bridger, and privately printed for the use of his fellow-leaders. He expressed the opinion that if Joseph Smith had "followed the revelations in him" (meaning the warnings of danger), he would have been among them still. "I do not know precisely," said Young, "in what manner the Lord will lead me, but were I thrown into the situation Joseph was, I would leave the people and go into the wilderness, and let them do the best they could.... We are in duty bound to preserve life—to preserve ourselves on earth— consequently we must use policy, and follow in the counsel given us." He pointed out the sure destruction that awaited them if they opened fire on the soldiers, and declared that he was going to a desert region in the territory which he had tried to have explored "a desert region that no man knows anything about," with "places here and there in it where a few families could live," and the entire extent of which would provide homes for five hundred thousand people, if scattered about. In these circumstances "a way out" that would free the federal administration from an unpleasant complication, and leave Young still in practical control in Utah, was not an unpleasant prospect for either side.

A long Utah letter to the Near York Herald (which had been generally pro-Mormon in tone) dated Camp Scott, May 22, 1858, contained the following: "Some of the deceived followers of the latest false Prophet arrived at this post in a most deplorable condition. One mater familiar had crossed the mountains during very severe weather in almost a state of nudity. Her dress consisted of a part of a single skirt, part of a man's shirt, and a portion of a jacket. Thus habited, without a shoe or a thread more, she had walked 157 miles in snow, the greater part of the way up to her knees, and carried in her arms a sucking babe less than six weeks old. The soldiers pulled off their clothes and gave them to the unfortunate woman. The absconding Saints who arrive here tell a great many stories about the condition and feeling of their brethren who still remain in the land of promise.... Thousands and thousands of persons, both men and women, are represented to be exceedingly desirous of not going South with the church, but are compelled to by fear of death or otherwise."

Governor Cumming, in his report to Secretary Cass on the situation as he found it when he entered Salt Lake City, said that, learning that a number of persons desirous of leaving the territory "considered themselves to be unlawfully restrained of their liberty," he decided, even at the risk of offending the Mormons, to give public notice of his readiness to assist such persons. In consequence, 56 men, 38 women, and 71 children sought his protection in order to proceed to the States. "The large majority of these people;" he explained, "are of English birth, and state that they leave the congregation from a desire to improve their circumstances and realize elsewhere more money for their labor."

Kane having won Governor Cumming to his view of the situation, and having created ill feeling between the governor and the chief military commander, the way was open for the next step. The plan was to have Governor Cumming enter Salt Lake Valley without any federal troops, and proceed to Salt Lake City under a Mormon escort of honor, which was to meet him when he came within a certain distance of that city. This he consented to do. Kane stayed in "Camp Eckles" until April, making one visit to the outskirts to hold a secret conference with the Mormons, and, doubtless, to arrange the details of the trip.

On April 3 Governor Cumming informed General Johnston of his decision, and he set out two days later. General Johnston's view of the policy to be pursued toward the Mormons was expressed in a report to army headquarters, dated January 20:—

"Knowing how repugnant it would be to the policy or interest of the government to do any act that would force these people into unpleasant relations with the federal government, I have, in conformity with the views also of the commanding general, on all proper occasions manifested in my intercourse with them a spirit of conciliation. But I do not believe that such consideration of them would be properly appreciated now, or rather would be wrongly interpreted; and, in view of the treasonable temper and feeling now pervading the leaders and a greater portion of the Mormons, I think that neither the honor nor the dignity of the government will allow of the slightest concession being made to them."

Judge Eckles did not conceal his determination not to enter Salt Lake City until the flag of his country was waving there, holding it a shame that men should be detained there in subjection to such a despot as Brigham Young.

Leaving camp accompanied only by Colonel Kane and two servants, Governor Cumming found his Mormon guard awaiting him a few miles distant. His own account of the trip and of his acts during the next three weeks of his stay in Mormondom may be found in a letter to General Johnston and a report to Secretary of State Cass.* As Echo Canon was supposed to be thoroughly fortified, and there was not positive assurance that a conflict might not yet take place, the governor was conducted through it by night. He says that he was "agreeably surprised" by the illuminations in his honor. Very probably he so accepted them, but the fires lighted along the sides and top of the canon were really intended to appear to him as the camp-fires of a big Mormon army. This deception was further kept up by the appearance of challenging parties at every turn, who demanded the password of the escort, and who, while the governor was detained, would hasten forward to a new station and go through the form of challenging again: Once he was made the object of an apparent attack, from which he was rescued by the timely arrival of officers of authority.**

* For text, see Tullidge's "History of Salt Lake City," pp. 108-212.

** "In course of time Cumming discovered how the Mormon leaders had imposed upon him and amused themselves with his credulity, and to the last hour that he was in the Territory he felt annoyed at having been so absurdly deceived, and held Brigham responsible for the mortifying joke."—"Rocky Mountain Saints," p. 390.

The trip to Salt Lake City occupied a week, and on the 12th the governor entered the Mormon metropolis, escorted by the city officers and other persons of distinction in the community, and was assigned as a guest to W. C. Staines, an influential Mormon elder. There Young immediately called on him, and was received with friendly consideration. Asked by his host, when the head of the church took his leave, if Young appeared to be a tyrant, Governor Cumming replied: "No, sir. No tyrant ever had a head on his shoulders like Mr. Young. He is naturally a good man. I doubt whether many of your people sufficiently appreciate him as a leader."* This was the judgment of a federal officer after a few moments' conversation with the reviler of the government and a month's coaching by Colonel Kane.

Three days later, Governor Cumming officially notified General Johnston of his arrival, and stated that he was everywhere recognized as governor, and "universally greeted with such respectful attentions" as were due to his office. There was no mention of any advance of the troops, nor any censure of Mormon offenders, but the general was instructed to use his forces to recover stock alleged to have been stolen from the Mormons by Indians, and to punish the latter, and he was informed that Indian Agent Hurt (who had so recently escaped from Mormon clutches) was charged by W. H. Hooper, the Mormon who had acted as secretary of state during recent months, with having incited Indians to hostility, and should be investigated! Verily, Colonel Kane's work was thoroughly performed. General Johnston replied, expressing gratification at the governor's reception, requesting to be informed when the Mormon force would be withdrawn from the route to Salt Lake City, and saying that he had inquired into Dr. Hurt's case, and had satisfied himself "that he has faithfully discharged his duty as agent, and that he has given none but good advice to the Indians."

* Tullidge's "History of Salt Lake City," p. 206.

On the Sunday after his arrival Young introduced Governor Cumming to the people in the Tabernacle, and then a remarkable scene ensued. Stenhouse says that the proceedings were all arranged in advance. Cumming was acting the part of the vigilant defender of the laws, and at the same time as conciliator, doing what his authority would permit to keep the Mormon leaders free from the presence of troops and from the jurisdiction of federal judges. But he was not all-powerful in this respect. General Johnston had orders that would allow him to dispose of his forces without obedience to the governor, and the governor could not quash the indictments found by Judge Eckles's grand jury. Young's knowledge of this made him cautious in his reliance on Governor Gumming. Then, too, Young had his own people to deal with, and he would lose caste with them if he made a surrender which left Mormondom practically in federal control.

When Governor Cumming was introduced to the congregation of nearly four thousand people he made a very conciliatory address, in which, however, according to his report to Secretary Cass,* he let them know that he had come to vindicate the national sovereignty, "and to exact an unconditional submission on their part to the dictates of the law"; but informed them that they were entitled to trial by their peers,—intending to mean Mormon peers,—that he had no intention of stationing the army near their settlements, or of using a military posse until other means of arrest had failed. After this practical surrender of authority, the governor called for expressions of opinion from the audience, and he got them. That audience had been nurtured for years on the oratory of Young and Kimball and Grant, and had seen Judge Brocchus vilified by the head of the church in the same building; and the responses to Governor Cumming's invitation were of a kind to make an Eastern Gentile quail, especially one like the innocent Cumming, who thought them "a people who habitually exercised great self-control." One speaker went into a review of Mormon wrongs since the tarring of the prophet in Ohio, holding the federal government responsible, and naming as the crowning outrage the sending of a Missourian to govern them. This was too much for Cumming, and he called out, "I am a Georgian, sir, a Georgian." The congregation gave the governor the lie to his face, telling him that they would not believe that he was their friend until he sent the soldiers back. "It was a perfect bedlam," says an eyewitness, "and gross personal remarks were made. One man said, 'You're nothing but an office seeker.' The governor replied that he obtained his appointment honorably and had not solicited it."** If all this was a piece of acting arranged by Young to show his flock that he was making no abject surrender, it was well done.***

* Ex. Doc. No. 67, 1st Session, 35th Congress.

** Coverdale's statement in Camp Scott letter, June 4, 1858, to New York Herald.

*** "Brigham was seated beside the governor on the platform, and tried to control the unruly spirits. Governor Cumming may for the moment have been deceived by this apparent division among the Mormons, but three years later he told the author that it was all of a piece with the incidents of his passage through Echo Canon. In his characteristic brusque way he said: 'It was all humbug, sir, all humbug; but never mind; it is all over now. If it did them good, it did not hurt me.'"—"Rocky Mountain Saints," p. 393.

Young's remarks on March 21 had been having their effect while Cumming was negotiating, and an exodus from the northern settlements was under way which only needed to be augmented by a movement from the valley to make good Young's declaration that they would leave their part of the territory a desert. No official order for this movement had been published, but whatever direction was given was sufficient. Peace Commissioners Powell and McCullough, in a report to the Secretary of War dated July 3, 1858, said on this subject: "We were informed by various (discontented) Mormons, who lived in the settlements north of Provo, that they had been forced to leave their homes and go to the southern part of the Territory.... We were also informed that at least one-third of the persons who had removed from their homes were compelled to do so. We were told that many were dissatisfied with the Mormon church, and would leave it whenever they could with safety to themselves. We are of opinion that the leaders of the Mormon church congregated the people in order to exercise more immediate control over them." Not only were houses deserted, but growing crops were left and heavier household articles abandoned, and the roads leading to the south and through Salt Lake City were crowded day by day with loaded wagons, their owners—even the women, often shoeless trudging along and driving their animals before them. These refugees were, a little later, joined by Young and most of his associates, and by a large part of the inhabitants of Salt Lake City itself. It was estimated by the army officers at the time that 25,000 of a total population of 45,000 in the Territory, took part in this movement. When they abandoned their houses they left them tinder boxes which only needed the word of command, when the troops advanced, to begin a general conflagration. By June 1 the refugees were collected on the western shore of Utah Lake, fifty miles south of Salt Lake City. What a picture of discomfort and positive suffering this settlement presented can be partly imagined. The town of Provo near by could accommodate but a few of the new-comers, and for dwellings the rest had recourse to covered wagons, dugouts, cabins of logs, and shanties of boards— anything that offered any protection. There was a lack of food, and it was the old life of the plains again, without the daily variety presented when the trains were moving.

In his report to Secretary Cass, dated May 2, Governor Cumming, after describing this exodus as a matter of great concern, said:—

"I shall follow these people and try to rally them. Our military force could overwhelm most of these poor people, involving men, women, and children in a common fate; but there are among the Mormons many brave men accustomed to arms and horses, men who could fight desperately as guerillas; and, if the settlements are destroyed, will subject the country to an expensive and protracted war, without any compensating results. They will, I am sure, submit to 'trial by their peers,' but they will not brook the idea of trial by 'juries' composed of 'teamsters and followers of the camp,' nor any army encamped in their cities or dense settlements."

What kind of justice their idea of "trial by their peers" meant was disclosed in the judicial history of the next few years. This report, which also recited the insults the governor had received in the Tabernacle, was sent to Congress on June 10 by President Buchanan, with a special message, setting forth that he had reason to believe that "our difficulties with the territory have terminated, and the reign of the constitution and laws been restored," and saying that there was no longer any use of calling out the authorized regiments of volunteers.



CHAPTER XV. THE PEACE COMMISSION

Governor Cumming's report of May 2 did not reach Washington until June 9, but the President's volte-face had begun before that date, and when the situation in Utah was precisely as it was when he had assured Colonel Kane that he would send no agent to the Mormons while they continued their defiant attitude. Under date of April 6 he issued a proclamation, in which he recited the outrages on the federal officers in Utah, the warlike attitude and acts of the Mormon force, which, he pointed out, constituted rebellion and treason; declared that it was a grave mistake to suppose that the government would fail to bring them into submission; stated that the land occupied by the Mormons belonged to the United States; and disavowed any intention to interfere with their religion; and then, to save bloodshed and avoid indiscriminate punishment where all were not equally guilty, he offered "a free and full pardon to all who will submit themselves to the just authority of the federal government."

This proclamation was intrusted to two peace commissioners, L. W. Powell of Kentucky and Major Ben. McCullough of Texas. Powell had been governor of his state, and was then United States senator- elect. McCullough had seen service in Texas before the war with Mexico, and been a daring scout under Scott in the latter war. He was killed at the battle of Pea Ridge, Arkansas, in 1862, in command of a Confederate corps.

These commissioners were instructed by the Secretary of War to give the President's proclamation extensive circulation in Utah. Without entering into any treaty or engagements with the Mormons, they were to "bring those misguided people to their senses" by convincing them of the uselessness of resistance, and how much submission was to their interest. They might, in so doing, place themselves in communication with the Mormon leaders, and assure them that the movement of the army had no reference to their religious tenets. The determination was expressed to see that the federal officers appointed for the territory were received and installed, and that the laws were obeyed, and Colonel Kane was commended to them as likely to be of essential service.

The commissioners set out from Fort Leavenworth on April 25, travelling in ambulances, their party consisting of themselves, five soldiers, five armed teamsters, and a wagon master. They arrived at Camp Scott on May 29, the reenforcements for the troops following them. The publication of the President's proclamation was a great surprise to the military. "There was none of the bloodthirsty excitement in the camp which was reported in the States to have prevailed there," says Colonel Brown, "but there was a feeling of infinite chagrin, a consciousness that the expedition was only a pawn on Mr. Buchanan's political chessboard; and reproaches against his folly were as frequent as they were vehement."*

* Atlantic Monthly, April, 1859.

The commissioners were not long in discovering the untrustworthy character of any advices they might receive from Governor Cumming. In their report of June 1 to the Secretary of War, they mentioned his opinion that almost all the military organizations of the territory had been disbanded, adding, "We fear that the leaders of the Mormon people have not given the governor correct information of affairs in the valley." They also declared it to be of the first importance that the army should advance into the valley before the Mormons could burn the grass or crops, and they gave General Johnston the warmest praise.

The commissioners set out for Salt Lake City on June 2, Governor Cumming who had returned to Camp Scott with Colonel Kane following them. On reaching the city they found that Young and the other leaders were with the refugees at Provo. A committee of three Mormons expressed to the commissioners the wish of the people that they would have a conference with Young, and on the l0th Young, Kimball, Wells, and several of the Twelve arrived, and a meeting was arranged for the following day.

There are two accounts of the ensuing conferences, the official reports of the commissioners,* which are largely statements of results, and a Mormon report in the journal kept by Wilford Woodruff.** At the first conference, the commissioners made a statement in line with the President's proclamation and with their instructions, offering pardon on submission, and declaring the purpose of the government to enforce submission by the employment of the whole military force of the nation, if necessary. Woodruff's "reflection" on this proposition was that the President found that Congress would not sustain him, and so was seeking a way of retreat. While the conference was in session, O.P. Rockwell entered and whispered to Young. The latter, addressing Governor Cumming, asked, "Are you aware that those troops are on the move toward the city?" The compliant governor replied, "It cannot be."*** What followed Woodruff thus relates:—

* Sen. Doc., 2d Session, 35th Congress, Vol. II, p. 167.

** Quoted in Tullidge's "History of Salt Lake City," p. 214.

*** Governor Cumming on June 15 despatched a letter to General Johnston saying that he had denied the report of the advance of the army, and that the general was pledged not to advance until he had received communications from the peace commissioners and the governor. The general replied on the 19th that he did say he would not advance until he heard from the governor, but that this was not a pledge; that his orders from the President were to occupy the territory; that his supplies had arrived earlier than anticipated, and that circumstances required an advance at once.

"'Is Brother Dunbar present?' enquired Brigham.

"'Yes, sir,' responded someone. What was coming now?

"'Brother Dunbar, sing Zion.' The Scotch songster came forward and sang the soul-stirring lines by C. W. Penrose."*

* See p. 498, ante.

Interpreted, this meant, "Stop that army or our peace conference is ended." Woodruff adds:—

"After the meeting, McCullough and Gov. Cumming took a stroll together. 'What will you do with such a people?' asked the governor, with a mixture of admiration and concern. 'D—n them, I would fight them if I had my way,' answered McCullough. "'Fight them, would you? You might fight them, but you would never whip them. They would never know when they were whipped.'"

At the second day's conference Brigham Young uttered his final defiance and then surrendered. Declaring that he had done nothing for which he desired the President's forgiveness, he satisfied the pride of his followers with such declarations as these:—

"I can take a few of the boys here, and, with the help of the Lord, can whip the whole of the United States. Boys, how do you feel? Are you afraid of the United States? (Great demonstration among the brethren.) No. No. We are not afraid of man, nor of what he can do."

"The United States are going to destruction as fast as they can go. If you do not believe it, gentlemen, you will soon see it to your sorrow."

But here was the really important part of his remarks: "Now, let me say to you peace commissioners, we are willing those troops should come into our country, but not to stay in our city. They may pass through it, if needs be, but must not quarter less than forty miles from us."

Impudent as was this declaration to the representatives of the government, it marked the end of the "war". The commissioners at once notified General Johnston that the Mormon leaders had agreed not to resist the execution of the laws in the territory, and to consent that the military and civil officers should discharge their duties. They suggested that the general issue a proclamation, assuring the people that the army would not trespass on the rights or property of peaceable citizens, and this the general did at once.

The Mormon leaders, being relieved of the danger of a trial for treason, now stood in dread of two things, the quartering of the army among them, and a vigorous assault on the practice of polygamy. Judge Eckles's District Court had begun its spring term at Fort Bridger on April 5, and the judge had charged the grand jury very plainly in regard to plural marriages. On this subject he said:—

"It cannot be concealed, gentlemen, that certain domestic arrangements exist in this territory destructive of the peace, good order, and morals of society—arrangements at variance with those of all enlightened and Christian communities in the world; and, sapping as they do the very foundation of all virtue, honesty, and morality, it is an imperative duty falling upon you as grand jurors diligently to inquire into this evil and make every effort to check its growth.

There is no law in this territory punishing polygamy, but there is one, however, for the punishment of adultery; and all illegal intercourse between the sexes, if either party have a husband or wife living at the time, is adulterous and punishable by indictment. The law was made to punish the lawless and disobedient, and society is entitled to the salutary effects of its execution."

No indictments were found that spring for this offence, but the Mormons stood in great dread of continued efforts by the judge to enforce the law as he interpreted it. Of the nature of the real terms made with the Mormons, Colonel Brown says:—

"No assurances were given by the commissioners upon either of these subjects. They limited their action to tendering the President's pardon, and exhorting the Mormons to accept it. Outside the conferences, however, without the knowledge of the commissioners, assurances were given on both these subjects by the Governor and Superintendent of Indian Affairs, which proved satisfactory to Brigham Young. The exact nature of their pledges will, perhaps, never be disclosed; but from subsequent confessions volunteered by the superintendent, who appears to have acted as the tool of the governor through the whole affair, it seems probable that they promised explicitly to exert their influence to quarter the army in Cache Valley, nearly one hundred miles north of Salt Lake City, and also to procure the removal of Judge Eckles."*

* Atlantic Monthly, April, 1859. Young told the Mormons at Provo on June 27, 1858: "We have reason to believe that Colonel Kane, on his arrival at the frontier, telegraphed to Washington, and that orders were immediately sent to stop the march of the army for ten days."—Journal of Discourses, Vol. VII, p. 57.

Captain Marcy had reached Camp Scott on June 8, with his herd of horses and mules, and Colonel Hoffman with the first division of the supply train which left Fort Laramie on March 18; on the 10th Captain Hendrickspn arrived with the remainder of the trains; and on the 13th the long-expected movement from Camp Scott to the Mormon city began. To the soldiers who had spent the winter inactive, except as regards their efforts to keep themselves from freezing, the order to advance was a welcome one. Late as was the date, there had been a snowfall at Fort Bridger only three days before, and the streams were full of water. The column was prepared therefore for bridge-making when necessary. When the little army was well under way the scene in the valley through which ran Black's Fork was an interesting one. The white walls of Bridger's Fort formed a background, with the remnants of the camp in the shape of sod chimneys, tent poles, and so forth next in front, and, slowly leaving all this, the moving soldiers, the long wagon trains, the artillery carriages and caissons, and on either flank mounted Indians riding here and there, satisfying their curiosity with this first sight of a white man's army. The news that the Mormons had abandoned their idea of resistance reached the troops the second day after they had started, and they had nothing more exciting to interest them on the way than the scenery and the Mormon fortifications. Salt Lake City was reached on the 26th, and the march through it took place that day. To the soldiers, nothing was visible to indicate any abandonment of the hostile attitude of the Mormons, much less any welcome.

Their leaders had returned to the camp at Provo, and the only civilians in the city were a few hundred who had, for special reasons, been granted permission to return. The only woman in the whole city was Mrs. Cumming. The Mormons had been ordered indoors early that morning by the guard; every flag on a public building had been taken down; every window was closed. The regimental bands and the creaking wagons alone disturbed the utter silence. The peace commissioners rode with General Johnston, and the whole force encamped on the river Jordan, just within the city limits. Two days later, owing to a lack of wood and pasturage there, they were moved about fifteen miles westward, near the foot of the mountains. Disregarding Young's expressed wishes, and any understanding he might have had with Governor Cumming, General Johnston selected Cedar Valley on Lake Utah for one of the three posts he was ordered to establish in the territory, and there his camp was pitched on July 6.

Governor Cumming prepared a proclamation to the inhabitants of the territory, announcing that all persons were pardoned who submitted to the law, and that peace was restored, and inviting the refugees to return to their homes. The governor and the peace commissioners made a trip to the Mormon camps, and addressed gatherings at Provo and Lehi. The governor bustled about everywhere, assuring every one that all the federal officers would "hold sacred the amnesty and pardon by the President of the United States, by G-d, sir, yes," and receiving from Young the sneering reply, "We know all about it, Governor." On July 4., no northward movement of the people having begun, Cumming told Young that he intended to publish his proclamation. "Do as YOU please," was the contemptuous reply; "to-morrow I shall get upon the tongue of my wagon, and tell the people that I am going home, and they can do as THEY please."*

* Tullidge's "History of Salt Lake City," p. 226.

Young did so, and that day the backward march of the people began. The real governor was the head of the church.



CHAPTER XVI. THE MOUNTAIN MEADOWS MASSACRE

We may here interrupt the narrative of events subsequent to the restoration of peace in the territory, with the story of the most horrible massacre of white people by religious fanatics of their own race that has been recorded since that famous St. Bartholemew's night in Paris—the story of the Mountain Meadows Massacre. Committed on Friday, September 11, 1857,—four days before the date of Young's proclamation forbidding the United States troops to enter the territory—it was a considerable time before more than vague rumors of the crime reached the Eastern states. No inquest or other investigation was held by Mormon authority, no person participating in the slaughter was arrested by a Mormon officer; and, when officers of the federal government first visited the scene, in the spring of 1859, all that remained to tell the tale were human skulls and other bones lying where the wolves and coyotes had left them, with scraps of clothing caught here and there upon the vines and bushes. Dr. Charles Brewer, the assistant army surgeon who was sent with a detail to bury the remains in May, 1859, says in his gruesome report:—

"I reached a ravine fifty yards from the road, in which I found portions of the skeletons of many bodies,—skulls, bones, and matted hair,—most of which, on examination, I concluded to be those of men. Three hundred and fifty yards further on another assembly of human remains was found, which, by all appearance, had been left to decay upon the surface; skulls and bones, most of which I believed to be those of women, some also of children, probably ranging from six to twelve years of age. Here, too, were found masses of women's hair, children's bonnets, such as are generally used upon the plains, and pieces of lace, muslin, calicoes, and other materials. Many of the skulls bore marks of violence, being pierced with bullet holes, or shattered by heavy blows, or cleft with some sharp-edged instrument."*

* Sen. Doc. No. 42, 1st Session, 36th Congress.

More than seventeen years passed before officers of the United States succeeded in securing the needed evidence against any of the persons responsible for these wholesale murders, and a jury which would bring in a verdict of guilty. Then a single Mormon paid the penalty of his crime. He died asserting that he was the one victim surrendered by the Mormon church to appease the public demand for justice. The closest students of the Mountain Meadows Massacre and of Brigham Young's rule will always give the most credence to this statement of John D. Lee. Indeed, to acquit Young of responsibility for this crime, it would be necessary to prove that the sermons and addresses in the journal of Discourses are forgeries.

In the summer of 1857 a party was made up in Arkansas to cross the plains to Southern California by way of Utah, under direction of a Captain Fancher.* This party differed from most emigrant parties of the day both in character and equipment. It numbered some thirty families,—about 140 individuals,—men, women, and children. They were people of means, several of them travelling in private carriages, and their equipment included thirty horses and mules, and about six hundred head of cattle, when they arrived in Utah. Most of them seem to have been Methodists, and they had a preacher of that denomination with them. Prayers were held in camp every night and morning, and they never travelled on Sundays. They did not hurry on, as the gold seekers were wont to do in those days, but made their trip one of pleasure, sparing themselves and their animals, and enjoying the beauties and novelties of the route.**

* Stenhouse says that travelling the same route, and encamping near the Arkansans, was a company from Missouri who called themselves "Missouri Wildcats," and who were so boisterous that the Arkansans were warned not to travel with them to Utah. Whitney says that the two parties travelled several days apart after leaving Salt Lake City. No mention of a separate company of Missourians appears in the official and court reports of the massacre.

** Jacob Forney, in his official report, says that he made the most careful inquiry regarding the conduct of the emigrants after they entered the territory, and could testify that the company conducted themselves with propriety." In the years immediately following the massacre, when the Mormons were trying to attribute the crime to Indians, much was said about the party having poisoned a spring and caused the death of Indians and their cattle. Forney found that one ox did die near their camp, but that its death was caused by a poisonous weed. Whitney, the church historian, who of course acquits the church of any responsibility for the massacre, draws a very black picture of the emigrants, saying, for instance, that at Cedar Creek "their customary proceeding of burning fences, whipping the heads off chickens, or shooting them in the streets or private dooryards, to the extreme danger of the inhabitants, was continued. One of them, a blustering fellow riding a gray horse, flourished his pistol in the face of the wife of one of the citizens, all the time making insulting proposals and uttering profane threats."— "History of Utah," Vol. I, p. 696.

Every emigrant train for California then expected to restock in Utah. The Mormons had profited by this traffic, and such a thing as non-intercourse with travellers in the way of trade was as yet unheard of. But Young was now defying the government, and his proclamation of September 15 had declared that "no person shall be allowed to pass or repass into or through or from this territory without a permit from the proper officer." To a constituency made up so largely of dishonest members, high and low, as Young himself conceded the Mormon body politic to be, the outfit of these travellers was very attractive. There was a motive, too, in inflicting punishment on them, merely because they were Arkansans, and the motive was this:—

Parley P. Pratt was sent to explore a southern route from Utah to California in 1849. He reached San Francisco from Los Angeles in the summer of 1851, remaining there until June, 1855. He was a fanatical defender of polygamy after its open proclamation, challenging debate on the subject in San Francisco, and issuing circulars calling on the people to repent as "the Kingdom of God has come nigh unto you." While in San Francisco, Pratt induced the wife of Hector H. McLean, a custom-house official, the mother of three children, to accept the Mormon faith and to elope with him to Utah as his ninth wife. The children were sent to her parents in Louisiana by their father, and there she sometime later obtained them, after pretending that she had abandoned the Mormon belief. When McLean learned of this he went East, and traced his wife and Pratt to Houston, Texas, and thence to Fort Gibson, near Van Buren, Arkansas. There he had Pratt arrested, but there seemed to be no law under which he could be held. As soon as Pratt was released, he left the place on horseback. McLean, who had found letters from Pratt to his wife at Fort Gibson which increased his feeling against the man,* followed him on horseback for eight miles, and then, overtaking him, shot him so that he died in two hours.** It was in accordance with Mormon policy to hold every Arkansan accountable for Pratt's death, just as every Missourian was hated because of the expulsion of the church from that state.

* Van Buren Intelligencer, May 15, 1857.

** See the story in the New York Times of May 28, 1857, copied from the St. Louis Democrat and St. Louis Republican.

When the company pitched camp on the river Jordan their food supplies were nearly exhausted, and their draught animals needed rest and a chance to recuperate. They knew nothing of the disturbed relations between the Mormons and the government when they set out, and they were astonished now to be told that they must break camp and move on southward. But they obeyed. At American Fork, the next settlement, they offered some of their worn-out animals in exchange for fresh ones, and visited the town to buy provisions. There was but one answer—nothing to sell. Southward they continued, through Provo, Springville, Payson, Salt Creek, and Fillmore, at all settlements making the same effort to purchase the food of which they stood in need, and at all receiving the same reply.

So much were their supplies now reduced that they hastened on until Corn Creek was reached; there they did obtain a little relief, some Indians selling them about thirty bushels of corn. But at Beaver, a larger place, nonintercourse was again proclaimed, and at Parowan, through which led the road built by the general government, they were forbidden to pass over this directly through the town, and the local mill would not even grind their own corn. At Cedar Creek, one of the largest southern settlements, they were allowed to buy fifty bushels of wheat, and to have it and their corn ground at John D. Lee's mill. After a day's delay they started on, but so worn out were their animals that it took them three days to reach Iron Creek, twenty miles beyond, and two more days to reach Mountain Meadows, fifteen miles farther south.

These "meadows" are a valley, 350 miles south of Salt Lake City, about five miles long by one wide. They are surrounded by mountains, and narrow at the lower end to a width of 400 yards, where a gap leads out to the desert. A large spring near this gap made that spot a natural resting-place, and there the emigrants pitched their camp. Had they been in any way suspicious of Indian treachery they would not have stopped there, because, from the elevations on either side, they were subject to rifle fire. Their anxiety, however, was not about the Indians, whom they had found friendly, but about the problem of making the trip of seventy days to San Bernardino, across a desert country, with their wornout animals and their scant supplies. Had Mormon cruelty taken only the form of withholding provisions and forage from this company, its effect would have satisfied their most evil wishers.

On the morning of Monday, September 7, still unsuspicious of any form of danger, their camp was suddenly fired upon by Indians, (and probably by some white men disguised as Indians). Seven of the emigrants were killed in this attack and sixteen were wounded. Unexpected as was this manifestation of hostility, the company was too well organized to be thrown into a panic. The fire was returned, and one Indian was killed, and two chiefs fatally wounded. The wagons were corralled at once as a sort of fortification, and the wheels were chained together. In the centre of this corral a rifle pit was dug, large enough to hold all their people, and in this way they were protected from shots fired at them from either side of the valley. In this little fort they successfully defended themselves during that and the ensuing three days. Not doubting that Indians were their only assailants, two of their number succeeded in escaping from the camp on a mission to Cedar City to ask for assistance. These messengers were met by three Mormons, who shot one of them dead, and wounded the other; the latter seems to have made his way back to the camp.

The Arkansans soon suffered for water, as the spring was a hundred yards distant. Two of them during one day made a dash, carrying buckets, and got back with them safely, under a heavy fire.

* Lee denies positively a story that the Mormons shot two little girls who were dressed in white and sent out for water. He says that when the Arkansans saw a white man in the valley (Lee himself) they ran up a white flag and sent two little boys to talk with him; that he refused to see them, as he was then awaiting orders, and that he kept the Indians from shooting them. "Mormonism Unveiled," p. 231.

With some reenforcements from the south, the Indians now numbered about four hundred. They shot down some seventy head of the emigrants' cattle, and on Wednesday evening made another attack in force on the camp, but were repulsed. Still another attack the next morning had the same result. This determined resistance upset the plans of the Mormons who had instigated the Indian attacks. They had expected that the travellers would be overcome in the first surprise, and that their butchery would easily be accounted for as the result of an Indian raid on their camp. But they were not to be balked of their object. To save themselves from the loss of life that would be entailed by a charge on the Arkansans' defences, they resorted to a scheme of the most deliberate treachery.

On Friday, the 11th, a Mormon named William Bateman was sent forward with a flag of truce. The other undisguised Mormons remained in concealment, and the Indians had been instructed to keep entirely out of sight. The beleaguered company were delighted to see a white man, and at once sent one of their number to meet him. Their ammunition was almost exhausted, their dead were unburied in their midst, and their situation was desperate. Bateman, following out his instructions, told the representative of the emigrants that the Mormons had come to their assistance, and that, if they would place themselves in the white men's hands and follow directions, they would be conducted in safety to Cedar City, there to await a proper opportunity for proceeding on their journey.* This plan was agreed to without any delay, and John D. Lee was directed by John M. Higbee, major of the Iron Militia, and chief in command of the Mormon party, to go to the camp to see that the plot agreed upon was carried out, Samuel McMurdy and Samuel Knight following him with two wagons which were a part of the necessary equipment.

* This account follows Lee's confession, "Mormonism Unveiled," p. 236 ff.

Never had a man been called upon to perform a more dastardly part than that which was assigned to Lee. Entering the camp of the beleaguered people as their friend, he was to induce them to abandon their defences, give up all their weapons, separate the adults from the children and wounded, who were to be placed in the wagons, and then, at a given signal, every one of the party was to be killed by the white men who walked by their sides as their protectors. Lee draws a picture of his feelings on entering the camp which ought to be correct, even if circumstances lead one to attribute it to the pen of a man who naturally wished to find some extenuation for himself: "I doubt the power of man being equal to even imagine how wretched I felt. No language can describe my feelings. My position was painful, trying, and awful; my brain seemed to be on fire; my nerves were for a moment unstrung; humanity was overpowering as I thought of the cruel, unmanly part that I was acting. Tears of bitter anguish fell in streams from my eyes; my tongue refused its office; my faculties were dormant, stupefied and deadened by grief. I wished that the earth would open and swallow me where I stood."

When Lee entered the camp all the people, men, women, and children, gathered around him, some delighted over the hope of deliverance, while others showed distrust of his intentions. Their position was so strong that they felt some hesitation in abandoning it, and Lee says that, if their ammunition had not been so nearly exhausted, they would never have surrendered. But their hesitation was soon overcome, and the carrying out of the plot proceeded.

All their arms, the wounded, and the smallest children were placed in the two wagons. As soon as these were loaded, a messenger from Higbee, named McFarland, rode up with a message that everything should be hastened, as he feared he could not hold back the Indians. The wagons were then started at once toward Cedar City, Lee and the two drivers accompanying them, and the others of the party set out on foot for the place where the Mormon troops were awaiting them, some two hundred yards distant. First went McFarland on horseback, then the women and larger children, and then the men. When, in this order, they came to the place where the Mormons were stationed, the men of the party cheered the latter as their deliverers.

As the wagons passed out of sight over an elevation, the march of the rest of the party was resumed. The women and larger children walked ahead, then came the men in single file, an armed Mormon walking by the side of each Arkansan. This gave the appearance of the best possible protection. When they had advanced far enough to bring the women and children into the midst of a company of Indians concealed in a growth of cedars, the agreed signal the words, "Do your duty"—was given. As these words were spoken, each Mormon turned and shot the Arkansan who was walking by his side, and Indians and other Mormons attacked the women and children who were walking ahead, while Lee and his two companions killed the wounded and the older of the children who were in the wagons.

The work of killing the men was performed so effectually that only two or three of them escaped, and these were overtaken and killed soon after.* Indeed, only the nervousness natural to men who were assigned to perform so horrible a task could prevent the murderers from shooting dead the unarmed men walking by their sides. With the women and children it was different. Instead of being shot down without warning, they first heard the shots that killed their only protectors, and then beheld the Indians rushing on them with their usual whoops, brandishing tomahawks, knives, and guns. There were cries for mercy, mothers' pleas for children's lives, and maidens' appeals to manly honor; but all in vain. It was not necessary to use firearms; indeed, they would have endangered the assailants themselves. The tomahawk and the knife sufficed, and in the space of a few moments every woman and older child was a corpse.

* This is Judge Cradlebaugh's and Lee's statement. Lee said he could have given the details of their pursuit and capture if he had had time. An affidavit by James Lynch, who accompanied Superintendent Forney to the Meadows on his first trip there in March 1859 (printed in Sen. Doc. No. 42), says that one of the three, who was not killed on the spot, "was followed by five Mormons who through promises of safety, etc., prevailed upon him to return to Mountain Meadows, where they inhumanly butchered him, laughing at and disregarding his loud and repeated cries for mercy, as witnessed and described by Ira Hatch, one of the five. The object of killing this man was to leave no witness competent to give testimony in a court of justice but God."

When Lee and the men in charge of the two wagons heard the firing, they halted at once, as this was the signal agreed on for them to perform their part. McMurdy's wagon, containing the sick and wounded and the little children, was in advance, Knight's, with a few passengers and the weapons, following. We have three accounts of what happened when the signal was given, Lee's own, and the testimony of the other two at Lee's trial. Lee says that McMurdy at once went up to Knight's wagon, and, raising his rifle and saying, " O Lord my God, receive their spirits; it is for Thy Kingdom I do this," fired, killing two men with the first shot. Lee admits that he intended to do his part of the killing, but says that in his excitement his pistol went off prematurely and narrowly escaped wounding McMurdy; that Knight then shot one man, and with the butt of his gun brained a little boy who had run up to him, and that the Indians then came up and finished killing all the sick and wounded. McMurdy testified that Lee killed the first person in his wagon—a woman—and also shot two or three others. When asked if he himself killed any one that day, McMurdy replied, "I believe I am not upon trial. I don't wish to answer." Knight testified that he saw Lee strike down a woman with his gun or a club, denying that he himself took any part in the slaughter: Nephi Johnson, another witness at Lee's second trial, testified that he saw Lee and an Indian pull a man out of one of the wagons, and he thought Lee cut the man's throat. The only persons spared in this whole company were seventeen children, varying in age from two months to seven years. They were given to Mormon families in southern Utah—"sold out," says Forney in his report, "to different persons in Cedar City, Harmony, and Painter Creek. Bills are now in my possession from different individuals asking payment from the government. I cannot condescend to become the medium of even transmitting such claims to the department." The government directed Forney in 1858 to collect these children, and he did so. Congress in 1859 appropriated $10,000 to defray the expense of returning them to their friends in Arkansas, and on June 27 of that year fifteen of them (two boys being retained as government witnesses) set out for the East from Salt Lake City in charge of a company of United States dragoons and five women attendants. Judge Cradlebaugh quotes one of these children, a boy less than nine years old, as saying in his presence, when they were brought to Salt Lake City, "Oh, I wish I was a man. I know what I would do. I would shoot John D. Lee. I saw him shoot my mother."

The total number in the Arkansas party is not exactly known. The victims numbered more than 120. Jacob Hamblin testified at the Lee trial that, the following spring, he and his man buried "120 odd" skulls, counting them as they gathered them up.

A few young women, in the confusion of the Indian attack, concealed themselves, but they were soon found. Hamblin testified at Lee's second trial that Lee, in a long conversation with him, soon after the massacre, told him that, when he rejoined the Mormon troops, an Indian chief brought to him two girls from thirteen to fifteen years old, whom he had found hiding in a thicket, and asked what should be done with them, as they were pretty and he wanted to save them. Lee replied that "according to the orders he had, they were too old and too big to let go."

Then by Lee's direction the chief shot one of them, and Lee threw the other down and cut her throat. Hamblin said that an Indian boy conducted him to the place where the girls' bodies lay, a long way from the rest, up a ravine, unburied and with their throats cut. One of the little children saved from the massacre was taken home by Hamblin, and she said the murdered girls were her sisters. Richard F. Burton, who visited Utah in 1860, mentions, as one of the current stories in connection with the massacre, that, when a girl of sixteen knelt before one of the Mormons and prayed for mercy, he led her into the thicket, violated her, and then cut her throat.*

* "City of the Saints," p. 412.

As soon as the slaughter was completed the plundering began. Beside their wagons, horses, and cattle,* they had a great deal of other valuable property, the whole being estimated by Judge Cradlebaugh at from $60,000 to $70,000. When Lee got back to the main party, the searching of the bodies of the men for valuables began. "I did hold the hat awhile," he confesses, "but I got so sick that I had to give it to some other person." He says there were more than five hundred head of cattle, a large number of which the Indians killed or drove away, while Klingensmith, Haight, and Higbee, leaders in the enterprise, drove others to Salt Lake City and sold them. The horses and mules were divided in the same way. The Indians (and probably their white comrades) had made quick work with the effects of the women. Their bodies, young and old, were stripped naked, and left, objects of the ribald jests of their murderers. Lee says that in one place he counted the bodies of ten children less than sixteen years old.

* Superintendent Forney, in his report of March, 1859, said: "Facts in my possession warrant me in estimating that there was distributed a few days after the massacre, among the leading church dignitaries, $30,000 worth of property. It is presumable they also had some money."

When the Mormons had finished rifling the dead, all were called together and admonished by their chiefs to keep the massacre a secret from the whole world, not even letting their wives know of it, and all took the most solemn oath to stand by one another and declare that the killing was the work of Indians. Most of the party camped that night on the Meadows, but Lee and Higbee passed the night at Jacob Hamblin's ranch.

In the morning the Mormons went back to bury the dead. All these lay naked, "making the scene," says Lee, "one of the most loathsome and ghastly that can be imagined." The bodies were piled up in heaps in little depressions, and a pretence was made of covering them with dirt; but the ground was hard and their murderers had few tools, and as a consequence the wild beasts soon unearthed them, and the next spring the bones were scattered over the surface.

This work finished, the party, who had been joined during the night by Colonel Dame, Judge Lewis, Isaac C. Haight, and others of influence, held another council, at which God was thanked for delivering their enemies into their hands; another oath of secrecy was taken, and all voted that any person who divulged the story of the massacre should suffer death, but that Brigham Young should be informed of it. It was also voted, according to Lee, that Bishop Klingensmith should take charge of the plunder for the benefit of the church.

The story of this slaughter, to this point, except in minor particulars noted, is undisputed. No Mormon now denies that the emigrants were killed, or that Mormons participated largely in the slaughter. What the church authorities have sought to establish has been their own ignorance of it in advance, and their condemnation of it later. In examining this question we have, to assist us, the knowledge of the kind of government that Young had established over his people—his practical power of life and death; the fact that the Arkansans were passing south from Salt Lake City, and that their movements had been known to Young from the start and their treatment been subject to his direction; the failure of Young to make any effort to have the murderers punished, when a "crook of his finger" would have given them up to justice; the coincidence of the massacre with Young's threat to Captain Van Vliet, uttered on September 9, "If the issue continues, you may tell the government to stop all emigration across the continent, for the Indians will kill all who attempt it"; Young's failure to mention this "Indian outrage" in his report as superintendent of Indian affairs, and the silence of the Mormon press on the subject.* If we accept Lee's plausible theory that, at his second trial, the church gave him up as a sop to justice, and loosened the tongues of witnesses against him, this makes that part of the testimony in confirmation of Lee's statement, elicited from them, all the stronger.

* H. H. Bancroft, in his "Utah," as usual, defends the Mormon church against the charge of responsibility for the massacre, and calls Judge Cradlebaugh's charge to the grand jury a slur that the evidence did not excuse.

Let us recall that Lee himself had been an active member of the church for nearly forty years, following it from Missouri to Utah, travelling penniless as a missionary at the bidding of his superiors, becoming a polygamist before he left Nauvoo, accepting in Utah the view that "Brigham spoke by direction of the God of heaven," and saying, as he stood by his coffin looking into the rifles of his executioners, "I believe in the Gospel that was taught in its purity by Joseph Smith in former days." How much Young trusted him is seen in the fact that, by Young's direction, he located the southern towns of Provo, Fillmore, Parowan, etc., was appointed captain of militia at Cedar City, was president of civil affairs at Harmony, probate judge of the county (before and after the massacre), a delegate to the convention which framed the constitution of the State of Deseret, a member of the territorial legislature (after the massacre), and "Indian farmer" of the district including the Meadows when the massacre occurred.

Lee's account of the steps leading up to the massacre and of what followed is, in brief, that, about ten days before it occurred, General George A. Smith, one of the Twelve, called on him at Washington City, and, in the course of their conversation, asked, "Suppose an emigrant train should come along through this southern country, making threats against our people and bragging of the part they took in helping kill our prophet, what do you think the brethren would do with them?" Lee replied: "You know the brethren are now under the influence of the 'Reformation,' and are still red-hot for the Gospel. The brethren believe the government wishes to destroy them. I really believe that any train of emigrants that may come through here will be attacked and probably all destroyed. Unless emigrants have a pass from Brigham Young or some one in authority, they will certainly never get safely through this country." Smith said that Major Haight had given him the same assurance. It was Lee's belief that Smith had been sent south in advance of the emigrants to prepare for what followed.

Two days before the first attack on the camp, Lee was summoned to Cedar City by Isaac Haight, president of that Stake, second only to Colonel Dame in church authority in southern Utah, and a lieutenant colonel in the militia under Dame. To make their conference perfectly secret, they took some blankets and passed the night in an old iron works. There Haight told Lee a long story about Captain Fancher's party, charging them with abusing the Mormons, burning fences, poisoning water, threatening to kill Brigham Young and all the apostles, etc. He said that unless preventive measures were taken, the whole Mormon population were likely to be butchered by troops which these people would bring back from California. Lee says that he believed all this. He was also told that, at a council held that day, it had been decided to arm the Indians and "have them give the emigrants a brush, and, if they killed part or all, so much the better." When asked who authorized this, Haight replied, "It is the will of all in authority," and Lee was told that he was to carry out the order. The intention then was to have the Indians do the killing without any white assistance. On his way home Lee met a large body of Indians who said they were ordered by Haight, Higbee, and Bishop Klingensmith, to kill and rob the emigrants, and wanted Lee to lead them. He told them to camp near the emigrants and wait for him; but they made the attack, as described, early Monday morning, without capturing the camp, and drove the whites into an intrenchment from which they could not dislodge them. Hence the change of plan.

During the early part of the operations, Lee says, a messenger had been sent to Brigham Young for orders. On Thursday evening two or three wagon loads of Mormons, all armed, arrived at Lee's camp in the Meadows, the party including Major Higbee of the Iron Militia, Bishop Klingensmith, and many members of the High Council. When all were assembled, Major Higbee reported that Haight's orders were that "all the emigrants must be put out of the way"; that they had no pass (Young could have given them one); that they were really a part of Johnston's army, and, if allowed to proceed to California, they would bring destruction on all the settlements in Utah. All knelt in prayer, after which Higbee gave Lee a paper ordering the destruction of all who could talk. After further prayers, Higbee said to Lee, "Brother Lee, I am ordered by President Haight to inform you that you shall receive a crown of celestial glory for your faithfulness, and your eternal joy shall be complete." Lee says that he was "much shaken" by this offer, because of his complete faith in the power of the priesthood to fulfil such promises. The outcome of the conference was the adoption of the plan of treachery that was so successfully carried out on Friday morning. The council had lasted so long that the party merely had time for breakfast before Bateman set out for the camp with his white flag.*

* Bishop Klingensmith, one of the indicted, in whose case the district attorney entered a nolle prosequi in order that he might be a witness at Lee's first trial, said in his testimony: "Coming home the day following their [emigrants'] departure from Cedar City, met Ira Allen four miles beyond the place where they had spoken to Lee. Allen said, 'The die is cast, the doom of the emigrants is sealed.'" (This was in reference to a meeting in Parowan, when the destruction of the emigrants had been decided on.) He said John D. Lee had received orders from headquarters at Parowan to take men and go, and Joel White would be wanted to go to Pinto Creek and revoke the order to suffer the emigrants to pass. The third day after, Haight came to McFarland's house and told witness and others that orders had come in from camp last night. Things hadn't gone along as had been expected, and reenforcements were wanted. Haight then went to Parowan to get instructions, and received orders from Dame to decoy the emigrants out and spare nothing but the small children who could not tell the tale." In an affidavit made by this Bishop in April, 1871, he said: "I do not know whether said 'headquarters' meant the spiritual headquarters at Parowan, or the headquarters of the commander-in-chief at Salt Lake City." (Affidavit in full in "Rocky Mountain Saints," p. 439.)

Several days after the massacre, Haight told Lee that the messenger sent to Young for instructions had returned with orders to let the emigrants pass in safety, and that he (Haight) had countermanded the order for the massacre, but his messenger "did not go to the Meadows at all." All parties were evidently beginning to realize the seriousness of their crime. Lee was then directed by the council to go to Young with a verbal report, Haight again promising him a celestial reward if he would implicate more of the brethren than necessary in his talk with Young.* On reaching Salt Lake City, Lee gave Young the full particulars of the massacre, step by step. Young remarked, "Isaac [Haight] has sent me word that, if they had killed every man, woman, and child in the outfit, there would not have been a drop of innocent blood shed by the brethren; for they were a set of murderers, robbers, and thieves."

* "At that time I believed everything he said, and I fully expected to receive the celestial reward that he promised me. But now [after his conviction] I say, 'Damn all such celestial rewards as I am to get for what I did on that fatal day." "Mormonism Unveiled," p. 251.

When the tale was finished, Young said: "This is the most unfortunate affair that ever befell the church. I am afraid of treachery among the brethren who were there. If any one tells this thing so that it will become public, it will work us great injury. I want you to understand now that you are NEVER to tell this again, not even to Heber C. Kimball. IT MUST be kept a secret among ourselves. When you get home, I want you to sit down and write a long letter, and give me an account of the affair, charging it to the Indians. You sign the letter as farmer to the Indians, and direct it to me as Indian agent. I can then make use of such a letter to keep off all damaging and troublesome inquirers." Lee did so, and his letter was put in evidence at his trial.

Lee says that Young then dismissed him for the day, directing him to call again the next morning, and that Young then said to him: "I have made that matter a subject of prayer. I went right to God with it, and asked him to take the horrid vision from my sight if it was a righteous thing that my people had done in killing those people at the Mountain Meadows. God answered me, and at once the vision was removed. I have evidence from God that he has overruled it all for good, and the action was a righteous one and well intended."*

* For Lee's account of his interview with Young, see " Mormonism Unveiled," pp. 252-254.

When Lee was in Salt Lake City as a member of the constitutional convention, the next winter, Young treated him, at his house and elsewhere, with all the friendliness of old. No one conversant with the extent of Young's authority will doubt the correctness of Lee's statement that "if Brigham Young had wanted one man or fifty men or five hundred men arrested, all he would have had to do would be to say so, and they would have been arrested instantly. There was no escape for them if he ordered their arrest. Every man who knows anything of affairs in Utah at that time knows this is so."

At the second trial of Lee a deposition by Brigham Young was read, Young pleading ill health as an excuse for not taking the stand. He admitted that "counsel and advice were given to the citizens not to sell grain to the emigrants for their stock," but asserted that this did not include food for the parties themselves. He also admitted that Lee called on him and began telling the story of the massacre, but asserted that he directed him to stop, as he did not want his feelings harrowed up with a recital of these details. He gave as an excuse for not bringing the guilty to justice, or at least making an investigation, the fact that a new governor was on his way, and he did not know how soon he would arrive. As Young himself was keeping this governor out by armed force, and declaring that he alone should fill that place, the value of his excuse can be easily estimated. Hamblin, at Lee's trial, testified that he told Brigham Young and George A. Smith "everything I could" about the massacre, and that Young said to him, "As soon as we can get a court of justice we will ferret this thing out, but till then don't say anything about it."

Both Knight and McMurphy testified that they took their teams to Mountain Meadows under compulsion. Nephi Johnson, another participant, when asked whether he acted under compulsion, replied, "I didn't consider it safe for me to object," and when compelled to answer the question whether any person had ever been injured for not obeying such orders, he replied, "Yes, sir, they had."

Some letters published in the Corinne (Utah) Reporter, in the early seventies, signed "Argus," directly accused Young of responsibility for this massacre. Stenhouse discovered that the author had been for thirty years a Mormon, a high priest in the church, a holder of responsible civil positions in the territory, and he assured Stenhouse that "before a federal court of justice, where he could be protected, he was prepared to give the evidence of all that he asserted." "Argus" declared that when the Arkansans set out southward from the Jordan, a courier preceded them carrying Young's orders for non-intercourse; that they were directed to go around Parowan because it was feared that the military preparations at that place, Colonel Dame's headquarters, might arouse their suspicion; and he points out that the troops who killed the emigrants were called out and prepared for field operations, just as the territorial law directed, and were subject to the orders of Young, their commander-in-chief.

Not until the so-called Poland Bill of 1874 became a law was any one connected with the Mountain Meadows Massacre even indicted. Then the grand jury, under direction of Judge Boreman, of the Second Judicial District of Utah, found indictments against Lee, Dame, Haight, Higbee, Klingensmith, and others. Lee, who had remained hidden for some years in the canon of the Colorado,* was reported to be in south Utah at the time, and Deputy United States Marshal Stokes, to whom the warrant for his arrest was given, set out to find him. Stokes was told that Lee had gone back to his hiding-place, but one of his assistants located the accused in the town of Panguitch, and there they found him concealed in a log pen near a house. His trial began at Beaver, on July 12, 1875. The first jury to try his case disagreed, after being out three days, eight Mormons and the Gentile foreman voting for acquittal, and three Gentiles for conviction. The second trial, which took place at Beaver, in September, 1876, resulted in a verdict of "guilty of murder in the first degree." Beadle says of the interest which the church then took in his conviction: "Daniel H. Wells went to Beaver, furnished some new evidence, coached the witnesses, attended to the spiritual wants of the jury, and Lee was convicted. He could not raise the money ($1000) necessary to appeal to the Supreme Court of the United States, although he solicited it by subscription from wealthy leading Mormons for several days under guard."**

* Inman's "Great Salt Lake Trail," p. 141

** "Polygamy," p. 507.

Criminals in Utah convicted of a capital crime were shot, and this was Lee's fate. It was decided that the execution should take place at the scene of the massacre, and there the sentence of the court was carried out on March 23, 1877. The coffin was made of rough pine boards after the arrival of the prisoner, and while he sat looking at the workmen a short distance away. When all the arrangements were completed, the marshal read the order of the court and gave Lee an opportunity to speak. A photographer being ready to take a picture of the scene, Lee asked that a copy of the photograph be given to each of three of his wives, naming them. He then stood up, having been seated on his coffin, and spoke quietly for some time. He said that he was sacrificed to satisfy the feelings of others; that he died "a true believer in the Gospel of Jesus Christ," but did not believe everything then taught by Brigham Young. He asserted that he "did nothing designedly wrong in this unfortunate affair," but did everything in his power to save the emigrants. Five executioners then stepped forward, and, when their rifles exploded, Lee fell dead on his coffin.

Major (afterward General) Carlton, returning from California in 1859, where he had escorted a paymaster, passed through Mountain Meadows, and, finding many bones of the victims still scattered around, gathered them, and erected over them a cairn of stones, on one of which he had engraved the words: "Here lie the bones of 120 men, women, and children from Arkansas, murdered on the 10th day of September, 1857." In the centre of the cairn was placed a beam, some fifteen feet high, with a cross-tree, on which was painted: "Vengeance is mine, saith the Lord, and I will repay it." It was said that this was removed by order of Brigham Young.*

* "Humiliating as it is to confess, in the 42d Congress there were gentlemen to be found in the committees of the House and in the Senate who were bold enough to declare their opposition to all investigation. One who had a national reputation during the war, from Bunker Hill to New Orleans, was not ashamed to say to those who sought the legislation that was necessary to make investigation possible, that it was 'too late.'" "Rocky Mountain Saints," p. 456.



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."

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."* 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.

* "History of Utah," p. 573, note.

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.* The coroner's jury the next day found that the men shot one another!

* "Polygamy," p. 192.

Soon all public attention throughout the country was centred 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. 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."* 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."** 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.

* "Polygamy," p. 195.

** "Rocky Mountain Saints," p. 592.

Stenhouse says that the Mormon authorities were very angry 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."*

* "History of Utah," Vol. II, p. 38.

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.* Young had no intention of permitting any kind of a federal force to supplant his Legion. He at 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, arm, and equip one company of cavalry for ninety days' service."* 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!