THE MORMON PROPHET
AND
HIS HAREM;
OR,
AN AUTHENTIC HISTORY OF BRIGHAM YOUNG,
HIS
NUMEROUS WIVES AND CHILDREN.

BY

MRS. C. V. WAITE.

——"And with a piece of scripture,

Tell them,—that God bids us do good for evil.

And thus I clothe my naked villainy

With old odd ends, stol'n forth of Holy Writ,

And seem a saint, when most I play the devil."

FOURTH EDITION, REVISED AND ENLARGED.

CAMBRIDGE:
Printed for the Author; and Sold by Subscription.
J. S. GOODMAN AND COMPANY,
5 Custom House Place, Chicago.
1867.

Entered according to Act of Congress, in the year 1866, by
Catharine V. Waite,
In the Clerk's Office of the District Court of the United States for the Second
Judicial District of the Territory of Idaho.

RIVERSIDE, CAMBRIDGE:
STEREOTYPED AND PRINTED BY
H. O. HOUGHTON AND COMPANY.

PREFACE.

No apology is offered for presenting to the public the only authentic account of Brigham Young, of his polygamous family, and of that complicated and incongruous system of social and political machinery, called Mormonism.

The only form of religion in this country which refuses to conform either to the spirit of progress and improvement and enlightened humanity which characterizes the age in which we live, or to our laws and the genius of our free institutions,—drawing constantly from foreign countries hosts of votaries, impelled hither not by a love of republicanism, but rather by a desire to exchange a political for a religious monarchy,—is Mormonism, which presents an antagonism to our Government, and can scarcely fail to result in national trouble.

The elements of a second rebellion are in active progress in Utah, and, as in the case of the slavery rebellion, the great danger lies in failing to place a proper estimate upon the power of those elements for mischief, and to take the proper precautions in time. Religious fanaticism is more active, and, when hostile, more dangerous, than political ambition; hence the arrogant and intolerant spirit, and the bitter hostility of the Mormons, are more worthy the serious attention of our

statesmen than would be the opposition of so many mere political traitors.

Again; their power for mischief is much increased by the position they occupy upon the great thoroughfare between the eastern and western portions of our country.

It is with the view of calling the attention of the Government and of the people of the country to the dangerous character of this monarchy growing up in the midst of the Republic, that the political history of Utah has been written.

The chief interest of the work, however, with a large class of readers, will doubtless consist in the information it contains, relative to the family and social relations of the celebrated Mormon leader. These, and all other facts contained in this volume, may be relied upon as true, and many of them are now published for the first time.

The subject of polygamy is treated thoroughly, and as dispassionately as the writer's utter abhorrence of the system will permit. A residence of two years in the midst of this state of society, could not fail to afford me a tolerably good view of its inside workings, and this view I have presented to my readers.

Some of the facts narrated in this volume have been furnished by persons in Salt Lake, who are thoroughly conversant with them; in some cases, by persons who have long been in the service of Young, and know whereof they relate. While I am not at liberty to mention their names, I take this opportunity to return them my thanks for such valuable information.

This book is believed to be a desideratum demanded by the social and political well-being of the country,

and as such it is presented to the consideration of the people of this country, and especially to my own sex, who are deeply interested in preventing the framework of our social system from being broken up and superseded by the customs and maxims of the worst ages of barbarism.

To the suffering women of Utah, I especially dedicate this result of my labors in their behalf; and I am not without hope that many of them may, upon a perusal of its pages, be induced to retrace their steps, and rescue themselves from the snares of the religious impostors now seeking their destruction.

CONTENTS.

THE MORMON PROPHET

CHAPTER I.
EARLY HISTORY OF BRIGHAM YOUNG.

The Birth and Parentage of Brigham Young.—His Brothers and Sisters.—He embraces Mormonism, and becomes a Leader.—Is appointed President of the Twelve, and finally placed at the Head of the Church to succeed Joseph Smith.—Establishes the Mormons in Salt Lake Valley.

Brigham Young was born at Whitingham, Windham County, Vermont, June 1, 1801. A short sketch of the family of this noted adventurer may not be uninteresting. The following extract is from his autobiography:—

"My grandfather, John Young, was a physician and surgeon in the French and Indian war.

"My father, John Young, was born March 7, 1763, in Hopkinton, Middlesex County, Massachusetts. He was very circumspect, exemplary and religious, and was, from an early period of his life, a member of the Methodist Church. At the age of sixteen he enlisted in the American Revolutionary War, and served under General Washington; he was in three campaigns in his own native State, and in New Jersey. In the year 1785 he married Nabby Howe, daughter of Phineas and Susannah, whose maiden name was Goddard.

"In January, 1801, he moved from Hopkinton to Whitingham, Windham County, Vermont, where he remained for three years, opening new farms.

"He moved from Vermont to Sherburn, Chenango County, New York, in 1804, where he followed farming, enduring many hardships and privations, incidental to new settlements.

"My father's family consisted of five sons and six daughters, viz.:—

"Nancy, born in Hopkinton, Middlesex County, Massachusetts, August 6, 1786.

"Fanny, born in the same place, November 8, 1787.

"Rhoda, born in Platauva District, New York, September 10, 1789.

"John, born in Hopkinton, Middlesex County, Massachusetts, May 22, 1791.

"Nabby, born in same place, April 23, 1793.

"Susannah, born in same place, June 7, 1795.

"Joseph, born in the same place, April 7, 1797.

"Phineas Howe, born in same place, February 16, 1799.

"Brigham, born in Whitingham, Windham County, Vermont, June 1, 1801.

"Louisa, born in Sherburn, Chenango County, New York, September 25, 1804.

"Lorenzo Dow, born in same place, October 19, 1807."

It is worthy of remark, that all of Brigham's family became Mormons. His father, John Young, was constituted first patriarch of the church, and died at Quincy, Illinois, October 12, 1839. His brothers are all at Salt Lake, and are the devoted followers and satellites of the Prophet.

Through the plurality system, the Youngs have formed connections so numerous, that almost half the people at Salt Lake are in some way related to the ruling dynasty. This is striking evidence of Brigham's ingenuity in consolidating and perpetuating his power.

His early life was that of a farmer's son, but he afterwards acquired the trade of a painter and glazier, which he followed until his conversion to Mormonism. In 1832, being then thirty-one years of age, he heard and embraced this new religion. He was convinced by Samuel H. Smith, brother to the prophet Joseph, and was baptized by Eleazer Miller, now living at Salt Lake.

Brigham "gathered" with the saints, at Kirtland, Ohio, and soon became intimate with Joseph Smith. He was

ordained an elder, and began preaching. His shrewdness, and almost intuitive knowledge of character, soon attracted the attention of his brethren, and gave him influence and position in this weak and despised church. They recognized in him a man born to rule and lead the masses. They were attracted by his strong, electrical will; and from that time his power in the church has been undisputed.

In 1835, on the 14th of February, at Kirtland, Brigham Young was ordained one of the newly-organized quorum of the Twelve Apostles. Armed with his new power, and fired with a zeal worthy of a better cause, he went forth, and preached and proselyted with marked success.

Thomas B. Marsh having apostatized, Brigham was chosen to succeed him, as President of the Twelve Apostles, in 1836.

Then came the dark days of Mormonism. Many of the prominent men of the church apostatized. The saints were driven from Kirtland. Smith fled to save his life; Brigham accompanied him, and after many hair-breadth escapes, many trials and hardships, they again planted a new colony, and settled in Far West, Missouri.

But the saints were destined again to endure persecution for their faith. In a few years they were driven from Missouri, seeking a home this time in Illinois. During all this time Brigham stood firm, counselling and directing his brethren, and, like the rock amid the storms, gathering fresh power of resistance as the waves of persecution increased in fury.

In 1839 he was appointed, with others, to "open up the gospel" to the inhabitants of the British Isles. They landed at Liverpool on the 6th of April, 1840, and immediately commenced preaching. Brigham superintended affairs, issued an edition of the "Book of Mormon," and commenced the publication of the "Millennial Star," a periodical still living. In 1841 he sailed for New York, having shipped seven hundred and sixty-nine of the faithful, and leaving many churches, with organizations completed.

Brigham was cordially received by Smith, and the saints generally, who appreciated and acknowledged his services, and it was evident that his influence and fame were rapidly increasing.

In 1844 the whole aspect of affairs was changed. Smith was shot, Nauvoo threatened by a mob, and the Twelve Apostles scattered. Sidney Rigdon assumed the Presidency, he being Smith's first counsellor. Divisions were numerous, and the church was in imminent danger of falling into hopeless ruin.

Brigham, with true Napoleonic foresight, saw his opportunity, and was not slow to improve it. He came hurriedly to Nauvoo, denounced Rigdon as an impostor and his revelations as emanations from the Devil, cut off both him and his adherents from the true church, cursed Rigdon, and "handed him over to the buffetings of Satan for a thousand years," and was himself elected President by an overwhelming majority.

This exhibition of energy silenced all opposition. Those who did not love, feared him; and all suffered themselves to be led, because they dared not resist, a man so determined to rule.

Thus much accomplished, and visions of future power and aggrandizement, perchance of temporal sovereignty, floated through the brain of this modern Mohammed. He dreamed of the kingly robe and the jewelled crown in some far-off valley of the Rocky Mountains, where gentiles or their laws could not annoy the saints, or hinder the normal development of Mormonism. How and in what manner these dreams came so near fulfilment, will be seen as the reader peruses these pages.

But he did not lose sight of the present in these glowing visions of the future. He completed the Temple, the Mansion-House was in a forward state, Nauvoo was increasing rapidly, and with it his power and popularity.

Brigham, however, with his usual foresight, saw the storm arising. The saints were again to be driven. So he

hurried the people through their endowments, bound them to him by oaths which made them shudder to recall, and still, by an art equal to that of Loyola, so inwound himself in their affections that they loved and reverenced him the more. He aroused their deepest hatred toward the "gentiles;" wrought upon their pride, ambition, and revenge, until they were ready to do and dare anything for their religion and their leader. When his power was thus fully established, he revealed to them "the will of the Lord concerning them." They must leave their beautiful Nauvoo, their sacred temple, their altars and their homes, and follow him as the Moses of the new dispensation, and he would find for them a Canaan, a land flowing with milk and honey, where the gentiles should never come. This was a trial of their faith. Should they yield to the temptation, and, hankering after the flesh-pots of Egypt, lose their birthright? They wept, they hesitated, but the strong will and iron nerve of Brigham conquered, and they obeyed.

In February, 1846, they crossed the Mississippi on the ice, and leaving home, property, and kindred, they took up their line of march for the land of the setting sun. As the long trains rolled by, Brigham comforted, counselled, and blessed the weeping emigrants. He told them of the land where they should worship "under their own vine and fig-tree, with none to molest or make them afraid." Alas for their fainting hearts! Little did they suspect that the cruel ambition of their God-man would lead them to a land as barren as the Desert of Sahara, and as devoid of vegetation as the Rock of Gibraltar.

They established themselves in winter-quarters at Kanesville, now Council Bluffs, Iowa. Here new difficulties arose. The church was poor, and means were needed to supply the current necessities, as well as to defray the expense of the journey to their new Zion. Various schemes were resorted to for the purpose of "raising the wind." A band of Danites was sent out to steal cattle and horses, and convey them

beyond the jurisdiction of the State authorities. Others were detailed to make and circulate counterfeit money. While these little speculations were progressing, Brigham was trying his hand at diplomacy. He is reported to have sent James C. Little to Washington, to request the privilege of raising a battalion of Mormons for the Mexican war.

This movement was prompted by several considerations. First, it was thought necessary for the safety of the church that they should make a show of patriotism; secondly, these soldiers would draw pay from the government, which Brigham could appropriate; and thirdly, they were to be discharged in Mexico, where, at that time, he designed to found his theocratic monarchy. It has been asserted by some persons that Brigham received $20,000 from the government, as a bonus, for raising the battalion; but I find no evidence to substantiate this assertion. The following affidavit will show in what manner he was benefited by this transaction:—

"Alexander McCord says that he was mustered into the U. S. service in the Mormon Battalion, August 16th, 1846. That an advance of $42.50 was issued by the government per man, ostensibly for the purpose of clothing the command, making a total to the battalion of $22,500. That this amount was received by Parley P. Pratt, and forwarded by him to Brigham Young, who proffered to apply the same for the benefit of the families of the battalion, who were in a state of destitution. That he, Brigham, informed them he would send to St Louis, purchase goods, and deal them out for the benefit of said families at wholesale prices. Also made a covenant with them, calling upon God and angels to witness the same. That he would transport their families to them in Mexico, now California, even if he had to leave his own family behind; also would provide houses for them. That in his public address to the battalion, in relation to this subject, he strongly urged the advantages that would accrue to his church by their compliance with this requisition, making it entirely a matter of self-interest, with the sole view of accomplishing certain private

ends; and not in anywise appealing to their loyalty, or setting forth the necessity of rendering assistance to the parent government.

"That he did not fulfil the promises he had made. Some few articles were served out to their families at enormous rates,—his (McCord's) wife having to take sole-leather, for which she had no use. That when their wives appealed to him, expecting in good faith to receive according to promise, he laughed, mimicked, and made fun of them on the public stand; showing how they cried and whined. On the arrival of the money at Council Bluffs, some of the women, being entirely destitute, desired their husbands' share, and some cried for the want of it. Young ridiculed them, and told them if they insisted upon having the money, they must not look to him for support or protection; thus compelling them to accept of his terms.

"Two agents, John D. Lee and Major Egan, followed the battalion to Santa Fe, and there received a draft on Leavenworth, for the first month and a half's pay, with the understanding from the soldiers it was to be paid to their families. The authorities of the church drew the amount, and then took out the tithing for themselves, one tenth.

"One of the inducements held out by the government, was to discharge them, with their arms in Mexico, which was done. When he (McCord) arrived in Utah, October, 1847, he found his family not here, and was prevented by the church authorities from going after them; and was not permitted to leave until January following. When he reached his family at Winter Quarters, Missouri, he found no preparations made for their being forwarded to Utah, and there were none made afterwards.

(Signed,) Alexander McCord.

"Territory of Utah, ss.

"Alexander McCord, being duly sworn, says that the facts set forth in the foregoing statement by him subscribed, of his own knowledge, are true, and those set forth upon information and belief he verily believes to be true.

(Signed,) Alexander McCord."

"Subscribed and sworn to before me, this 4th day of May, 1864.

"Thomas J. Drake,

"Associate Justice U. S. Sup. Court, Utah."

By this operation, Brigham must have realized the neat little sum of $10,000. This enabled him to fit out an expedition to explore the country west of the Rocky Mountains. Accordingly, in the spring of 1847, with one hundred and forty-three of his tried adherents, he made the journey to Salt Lake, where they arrived July 24, 1847. A colony was at once established, and a part of the number left to commence farming operations. Brigham, with the remainder, returned to "Winter Quarters." Here he found the people on the point of starvation, while fevers and the cholera were rapidly thinning their ranks. Brigham at once commenced alleviating their suffering, and in the excess of their gratitude, these poor deluded creatures did not see that he was the cause of all their misery.

Young was now ready to enact another scene in this Mormon drama. He was ruling the church in the capacity of President of the Twelve Apostles. He desired greater power; he wished to occupy the place of the Prophet of the Lord. This was the more difficult, as the people venerated the memory of Joseph Smith, sanctified as it was by the remembrance of his cruel and untimely death. Brigham knew well the extent of this feeling, and that it would be impossible to supplant Joseph in their affections, and extremely difficult to occupy his position. But his plans demanded that he should be in form what he was in fact,—the absolute head of the church. He resolved to execute a brilliant coup d'état, and risk the consequences.

On the morning of the 24th of December, 1847, he ascended the pulpit to preach; and with that power of mimicry and imitation for which he is so remarkable, aided, doubtless, by works of art to enable him to represent the features and personnel of Smith, he so completely assumed the tone and manner, and presented the appearance of Joseph, that the congregation believed that their dead prophet stood before them. The effect was electrical. Women screamed and fainted; strong men wept; the delusion was complete. "The

mantle of Joseph had fallen upon Brigham;" he was henceforth their Prophet, Seer, and Revelator, the rightful successor to the Presidency. One old brother told me that he really believed that Joseph was present in the flesh, so strong was the personal resemblance at the time. As soon as the tumult subsided, the people elected Brigham "President of the Church of Jesus Christ of Latter Day Saints in all the world." He appointed Heber C. Kimball and Willard Richards as his counsellors. These three constituted the "First Presidency." This action was subsequently confirmed, at a conference held April 6, 1848, at the same place. Brigham was now the nominal as well as the real leader of this strange community.

A greater trial demanded his forethought. The whole church was to be removed over a thousand miles, through an almost unknown country, full of dangers and difficulties.

The following account of the manner in which this difficult undertaking was executed, is from the pen of John Hyde, Jr.:—

"Some ability is required to efficiently remove bodies of armed troops over such new and pioneering obstacles: well supplied, equipped, and mounted, it takes a commander's skill; but here were poor, unprovided, feeble men, women, and children, shaking with ague, pale with suffering, hollow and gaunt with recent hunger. Without strife, without discord, almost without a murmur, this heterogeneous mass moved off. Many groaned with anguish, but none with complaint. Brigham's energy inspired them all; his genius controlled them all. Marking their road with their gravestones, they arrived at Salt Lake Valley, destitute and feeble, in 1848. The desert to which they had come was as cheerless as their past history. From cruel foes they had fled to as unfeeling a wilderness. Renewed difficulties demanded a renewed effort from Brigham. Everything depended on him. Starvation and nakedness stared in the gloomy faces of the desponding people. Murmurs and complaints were uttered. He quelled everything; scolded, plead, threatened, prophesied, and subdued them. With a restless but resistless energy he set them to work, and worked himself as their example. He directed their labors, controlled

their domestic affairs, preached at them, to them, for them. He told foolish anecdotes to make them laugh, encouraged their dancing to make them merry, got up theatrical performances to distract their minds, and made them work hard, certain of rendering them contented by-and-by. Feared with a stronger fear, venerated with a more rational veneration, but not loved with the same clinging tenderness that the people still felt for Joseph Smith, Brigham swayed them at his will. They learned to dread his iron hand, and were daunted by his iron heart."[10:A]

While he was thus consolidating his power, laying plans for the foundation of a monarchy more despotic than that of Austria, important changes were going on in the political condition of the country. Mexico was conquered, and much of its territory, including Utah, was annexed to the United States, and the Mormons thus again brought within the jurisdiction of the Federal Government.

From this era in Mormon affairs Brigham appears in so many different characters that his history can only be fully written by considering him in his various rôles,—as "Governor of Utah and Superintendent of Indian Affairs;" "President of the Church, Prophet, Seer, and Revelator;" "Trustee in Trust for the Church;" "President of the Emigration Company;" "Lord of the Harem;" "Eloheim, or Head God;" and "Grand Archee of the Order of the Gods."

FOOTNOTES:

[10:A] Mormonism; its Leaders and Designs, by John Hyde, Jr. New York: W. P. Fetridge & Co. 1857. Page 144.

CHAPTER II.
POLITICAL.

Brigham as Governor of Utah and Superintendent of Indian Affairs.—Formation of the State of Deseret.—Proceedings of the Utah Legislature.—Brigham's Proclamations.—Difficulties with the Federal Officers.—Proceedings of the first Judges.

By the treaty of Guadalupe Hidalgo, concluded between the United States and Mexico in 1848, the country now embraced in the Territory of Utah was transferred from the jurisdiction of the latter to that of the former, and on the 9th of September, 1850, Congress passed an Act to organize the Territory of Utah.

The Mormons arrived in the Salt Lake Valley on the 24th of July, 1847, while the Territory yet belonged to Mexico. When the peace between the United States and Mexico was concluded, the Mormons were left without a government. They took advantage of this opportunity to set up an independent government.

Early in 1849 they met in convention to frame a constitution for "the State of Deseret." The following is an abstract of the minutes of that convention:—

On the 15th of March, 1849, the convention appointed the following persons a committee to draft a constitution for the State of Deseret, to wit: Albert Carrington, Joseph L. Heywood, William W. Phelps, David Fullmer, John S. Fullmer, Charles C. Rich, John Taylor, Parley P. Pratt, John M. Bernheisel, and Erastus Snow.

March 18, 1849, Albert Carrington, chairman of the committee, reported the following constitution, which was read,

and unanimously adopted by the convention: [The preamble only is here given.]

"Constitution of the State of Deseret.

"Whereas a large number of the citizens of the United States, before and since the treaty of peace with the Republic of Mexico, emigrated to and settled in that portion of the territory of the United States lying west of the Rocky Mountains, and in the great interior basin of Upper California; and whereas, by reason of said treaty, all civil organization originating from the Republic of Mexico became abrogated; and whereas the Congress of the United States has failed to provide a form of civil government for the territory so acquired, or any portion thereof; and whereas civil government and law are necessary for the security, peace, and prosperity of society; and whereas it is a fundamental principle in all republican governments that all political power is inherent in the people, and governments instituted for their protection, security, and benefit, should emanate from the same:

"Therefore your committee beg leave to recommend the adoption of the following Constitution, until the Congress of the United States shall otherwise provide for the government of the Territory hereinafter named and described, by admitting us into the Union.

"We, the people, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuance of those blessings, do ordain and establish a free and Independent Government, by the name of the State of Deseret; including all the territory of the United States within the following boundaries, to wit:" [Here follow the boundaries of the proposed new State.]

It will be noticed by the phraseology of the foregoing preamble that this government was to be "free and independent," and was intended to remain such until the new State, thus constituted, should be admitted into the Union. In other words, they intended, through the machinery of this independent State, to harass and annoy the government, and the gentiles, until the "saints" could force themselves into the Union upon their own terms. This theory is fully sustained by the subsequent history of this inchoate State. The very

first steps taken were independent of, and in hostility to, the officers appointed by the Government of the United States, as will more fully appear in the following pages.

The formation of this government for the State of Deseret was the first effort to throw off the yoke of the Federal Government,—an effort which has been persistently persevered in to the present time.

There never has been a time since Brigham Young crossed the Rocky Mountains, when he has honestly entertained the idea of being a good and loyal citizen of the United States.

The following were the first officers of this infant monarchy:—

• Governor, Brigham Young.
• Lieutenant-Governor, Heber C. Kimball.
• Chief Justice, Daniel H. Wells.

The Assembly met, and after listening to the Governor's Message, proceeded to frame a code of laws. This pseudo State government remained in force until the 22d of September, 1851, when the Territorial Legislature convened.

In the mean time Brigham, having been appointed Governor of the newly organized Territory, and Superintendent of Indian Affairs, and seeing a fair prospect of lining his pockets from the treasury of the United States, concluded to forego for a time his ambitious projects, and consented that the new "State" should be merged into a United States Territory.

The federal officers were appointed during the session of 1850-51, but owing to the difficulty of transportation, did not arrive until July, 1851. Young, who had been appointed Governor, had, on the 3d of February, 1851, taken the oath of office before Wells, Chief Justice of Deseret.

The first session of the Territorial Legislature was convened, in pursuance of the proclamation of the Governor, on the 22d day of September, 1851, and continued by adjournment from time to time, until the 18th day of February, 1852. This was succeeded by a special session, called by

proclamation of the Governor, commencing the following day, and continuing until the 6th day of March, 1852. What there was in the political condition of this community, subjected as they were, in almost all the relations of life, to a complete and comprehensive system of religious government, to require a continuous session of the Territorial Legislature for nearly six months, has never yet been explained.

The following is extracted from the published proceedings of the first Legislative Assembly:—

"Representatives' Hall, Tuesday, Sept 23, 1852.

"10 o'clock, A. M. Both houses of the Legislative Assembly met in joint session, according to previous arrangement. The President of the Council in the chair.

"The committee appointed to that duty appeared, escorting his Excellency Brigham Young, Governor of Utah Territory, who was seated immediately in front of the Speaker's chair.

"The joint committee appointed to wait upon the Judges of the Supreme Court, and the Secretary of the Territory, appeared, escorting the Hon. Z. Snow [Mormon], one of said Judges. They reported that they had visited the Hon. Perry E. Brochus, and Mr. Secretary Harris. But the answer returned by them was so vague and indefinite that they did not know whether they would respond to the invitation or not. The committee also reported that they did not see the Hon. Judge Brandenburg. The United States District Attorney, Seth M. Blair, Esq., [Mormon,] was also seated within the bar."

The hostility to the federal officers had already been so openly and offensively manifested, that the respect which these gentlemen owed to themselves and the government and people whom they represented, would not permit them to be present at the first meeting of the Legislative Assembly. It will be noticed that one of them was not seen at all, and the reply of the other two was not even reported!

"The House was called to order by the President of the Council, who then informed his Excellency the Governor, that the two Houses were now ready to receive any communication he might be pleased to make."

The Governor then presented his Message, as follows:—

"Fellow-citizens of the Council and House of Representatives of Utah Territory:—

"Having called you from your various avocations to convene in general assembly at an earlier day, and upon shorter notice than may appear desirable, I will proceed without delay to lay before you the chief reason for so doing, as well as such other suggestions as to me shall appear necessary and proper, and as shall occur to my mind." . . .

"Through the munificence of the General Government, we have extended unto us increased facilities for spending our time for the public weal; for, however much the honest pride of gratuitous public service may flatter its humble recipient, yet whilst it impoverishes all but his honorable name and his country's cause, his anxieties will scarcely be lulled, his daily supplies but rarely replenished."

He again addressed them, January 5, 1852:—

". . The enjoyment of a free and independent people can be accomplished only through this principle: produce what you consume. Draw from the native elements the necessaries of life; permit no vitiated taste to lead you into expensive luxuries, which can only be obtained by involving yourselves in debt. Let home industry produce every article of home consumption." . .

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

To this day he holds, by virtue of an Act of the Legislature, the most valuable canyon, near Salt Lake, called City Creek, or Brigham's Canyon,—having taken actual possession of the same, by fencing in the mouth of the canyon

completely, and thus preventing all ingress or egress, except upon the payment of toll. General Connor, upon his arrival in Utah, in the fall of 1862, was justly indignant to find himself fenced out from one of the national thoroughfares, but thought it prudent not to add to the causes of irritation by interfering.

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

"Territory of Utah.

"A Proclamation for a Day of Praise and Thanksgiving.

"It having pleased the Father of all good to make known his mind and will to the children of men in these last days, and through the administration of his angels to restore the holy priesthood unto the sons of Adam, by which the gospel of his Son has been proclaimed, and the ordinances of life and salvation are administered; and through which medium the Holy Ghost has been communicated to believing, willing, and honest minds; causing faith, wisdom, and intelligence to spring up in the hearts of men, and influencing them to flow together, from the four quarters of the earth, to a land of peace and health, rich in mineral and vegetable resources, reserved of old in the councils of eternity for the purposes to which it is now appropriated; a land choice above all other lands; far removed from the strife, contentions, divisions, moral and physical commotions, that are disturbing the peace of the nations and kingdoms of the earth,—

"I, Brigham Young, Governor of the Territory aforesaid, in response to the time-honored custom of our fathers at Plymouth Rock, by the governors of the several States and Territories, and with a heart filled with humiliation and gratitude to the Fountain of all good, for his multiplied munificence to his children, have felt desirous to, and do, proclaim Thursday, the 1st day of January, eighteen hundred and fifty-two, a Day of Praise and Thanksgiving, for the citizens of this our peaceful Territory, in honor of the God of Abraham, who has preserved his children amid all the vicissitudes they have been called to pass; for his tender mercies in preserving the nation undivided in which we live; for causing the gospel of his kingdom to spread and take root upon the earth, beyond the power of men and demons to destroy; and that he

has promised a day of universal joy and rejoicing to all the inhabitants who shall remain when the earth shall have been purified by fire, and rest in peace.

"And I recommend to all good citizens of Utah, that they abstain from everything which is calculated to mar or grieve the Spirit of their Heavenly Father on that day; that they rise early in the morning of the first day of the new year, and wash their bodies with pure water; that all men attend to their flocks and herds with carefulness, and see that no creature in their charge is hungry, thirsty, or cold; while the women are preparing the best of food for their households, and their children ready to receive it in cleanliness and cheerfulness; then let the head of each family with his family, bow down upon his knees before the God of Israel, and acknowledge all his sins, and the sins of his household; call upon the Father, in the name of Jesus, for every blessing that he desires for himself, his kindred, the Israel of God, the universe of man; praying with full purpose of heart and united faith that the union of the United States may be preserved inviolate, against all the devices of wicked men, until truth shall reign triumphant, and the glory of Jehovah shall fill the earth. Then, in the name of Jesus, ask the Father to bless your food; and when you have filled the plates of your household, partake with them with rejoicing and thanksgiving; and if you feel to make merry in your hearts, sing a song of thanksgiving; and lift up your hearts continually, in peace and acknowledgment of the unbounded mercies you are momentarily receiving.

"I also request of all good and peaceful citizens, that they abstain from all evil thinking, speaking, and acting, on that day; that no one be offended by his neighbor; that all jars and discords cease; that neighborhood broils may be unknown; that tattlers and strife may not be remembered; that evil surmising may be forgotten; that all may learn the truth, and have no need of priests to teach them; that all may be well, and have no need of doctors; that all may cease their quarrels, and starve the lawyers; that all may do as they would be done unto, so that perfect love, which casteth out all fear, may reign triumphant, and there shall be nothing to disturb the quiet of an infant in all the Territory of Utah; that there be no contention in the land; and that the same peace may extend its influence to the utmost bounds of the everlasting hills, and from thence to the habitation of every man

and beast, to the ends of the earth; till the leopard shall lie down with the kid, the lion shall eat straw like the ox, and the babe shall lay his hand upon the cockatrice's den, and find peace to its soul.

"I further request, that when the day has been spent in doing good, in dealing your bread, your butter, your beef and your pork, your turkeys, your molasses, and the choicest of all the products of the valleys of the mountains, at your command, to the poor; that you end the day in the same order, and on the same principle that you commenced it; that you eat your supper with singleness of heart, as unto the Lord, after praise and thanksgiving, and songs of rejoicing; remembering that you cannot be filled with the Holy Spirit, and be preparing for celestial glory, while the meanest menial under your charge or control is in want of the smallest thing which God has given you power to supply; remembering that it is dependent on you for its comforts, as you are dependent on your God for your constant support.

"Retire to your beds early, that you may be refreshed, and rise early again, and so continue, until times and seasons are changed; or finally, I say unto you, let the same process be continued from day to day, until you arrive unto one of the days of Kolob, [where a day is 1000 of our years,] the planet nearest to the habitation of the Eternal Father; and if you do not find peace and rest to your souls by that time, in the practice of these things, and no one else shall present himself to offer you better counsel, I will be there, and knowing more, will tell you what you ought to do next.

"By the Governor,

BRIGHAM YOUNG.

"W. Richards, Sec. pro tem., appointed by the Governor."

Amidst the verbosity of this singular document will be seen expressions of attachment to the Federal Union. The sincerity of these professions must be judged of in the light of his contemporaneous acts. The officers appointed by the

General Government were then in the States, or at Washington, representing truly the condition of things in Utah, and the conduct of Brigham and his associates, which effectually obliged them to leave the Territory, by rendering their presence in Utah not only useless but dangerous. It is for our readers to say how much weight is to be given to that portion of the fulmination of the Prophet put forth under such circumstances.

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

"Thus while servitude may and should exist, and that too upon those who are naturally designed to occupy the position of servant of servants, yet we should not fall into the other extreme, and make them as beasts of the field, regarding not the humanity that is in the colored race; nor elevating them, as some seem disposed, to an equality with those whom nature and nature's God has indicated to be their masters, their superiors."

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

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

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

When the Territory was organized, in the winter of 1850-51, the following named officers were appointed:—Brigham Young, Governor; Lemuel C. Brandenburg, Chief Justice;

Perry E. Brochus and Zerubbabel Snow, Associate Justices; Seth M. Blair, Attorney General, and B. D. Harris, Secretary. These officers did not arrive in Utah until July, 1851. Previous to their arrival, Brigham Young had issued a proclamation ordering an election for delegate to Congress and members of the Legislature, and providing for taking the census.

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

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

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

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

Hon. Perry E. Brochus, one of the Supreme Judges, in some remarks made in a Mormon assembly, commented rather severely upon the peculiar institution. He commenced by addressing the women upon the subject of spiritual wife-ism; pointing out to them its wickedness and the unhappy results that must follow to them and to their children, if the practice should be persisted in. He said it was

against the laws of man and God. This was undoubtedly the first time, at Salt Lake, that a gentile had ever spoken in public against Mormon institutions.

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

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

After his departure, Brigham preached the following sermon:—

"I am at the defiance of the rulers of the greatest nations on the earth, with the United States all put together, to produce a more loyal people than the Latter Day Saints. Have they, as a people, broken any law? No, they have not. Have the United States? Yes. They have trampled the Constitution under their feet with impunity, and ridden recklessly over all law, to persecute and drive this people. Admit, for argument's sake, that the Mormon elders have more wives than one, yet our enemies never have proved it. If I had forty wives in the United States, they did not know it, and could not substantiate it; neither did I ask any lawyer, judge, or magistrate for them. I live above law, and so do this people. Do the laws of the United States require us to crouch and bow down to the miserable wretches who violate them? No!

"I defy the world to prove that we have infringed upon that

law. You may circumscribe the whole earth, and pass through every Christian nation, so called, and what do you find? If you tell them a 'Mormon' has two wives, they are shocked, and call it dreadful blasphemy. If you whisper such a thing in the ears of a gentile, who takes a fresh woman every night, he is thunderstruck with the enormity of the crime. . . . .

"Now, let me tell you the great, killing story. 'Governor Young has sixteen wives and fourteen babies.' Now, they did not see that sight, but the circumstance was as follows: I took some of my neighbors into the large carriage, and rode down to Father Chase's to eat watermelons. When driving out of the gate, in the evening, Brother Babbitt walks up, and I invited him into the carriage, and he rode up into the city with me, and I suppose he told the United States officers. That, I believe, is the way the story of the sixteen wives and fourteen children first came into circulation.

"But this does not begin to be the extent of my possessions, for I am enlarging on the right hand and on the left; and shall soon be able, Abraham-like, to muster the strength of my house, and take my rights, asking no favors of judges or secretaries."

At another time he used the following language:—

"When the officers returned from this Territory to the States, did we send them away? We did not. I will tell you what I did, and what I will do again. I did chastise the poor, mean ruffian,—the poor, miserable creature who came here by the name of Brochus,—when he arose before this people, to preach to them, and tell them of meanness which he supposed they were guilty of, and traduce their characters.

"It is true, as it is said in the report of these officers, if I had crooked my little finger he would have been used up. But I did not bend it. If I had, the sisters alone felt indignant enough to have chopped him in pieces. I did not do it, however, but suffered him to fill up the measure of his shame and iniquity, until his cup is running over.

"I have no fears whatever of Franklin Pierce excusing me from office, and saying that another man shall be the Governor of this Territory. At the beginning of our settlements, when we sent Almon W. Babbitt to Washington with our constitution for a State government, and to ask leave to adopt it, he requested that

I should not sign my name to it as Governor; 'for,' said he, 'if you do, it will thwart all our plans.' I said, 'My name will go as it is in that document, and stay there, from this time henceforth and forever. Now,' I continued, 'if you do not believe it, you may go to Washington, and give those papers to Dr. Bernheisel, and operate against him, and against our getting a State government, and you cannot hinder it.'

"I will be Governor still, after you have done everything you possibly can to prevent it. 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;' and then I am willing to yield to another Governor."

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

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

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

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

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

"One of our judges, Judge Shaver, has been here during the

winter, and, as far as he is known, he is a straightforward, judicious, upright man, and a good adjudicator in the law. He and Judge Reed, who has lately arrived, I believe will do the best they can, and all is right."

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

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

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

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

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

authorities of the church, he used language substantially as follows:—

"There is no need of any difficulty, and there need be none, if the officers do their duty, and mind their own affairs. If they do not, if they undertake to interfere in 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 afterwards was killed by Indians. He lived like a fool, and died like a fool."

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

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

CHAPTER III.
POLITICAL HISTORY CONTINUED.

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

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

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

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

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

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

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

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

One evening Brigham called "the girls" to him, and explained that he had a plan in which he needed their assistance. They at once consented to do anything he might desire. The plan was soon agreed upon. He placed his Danites at a convenient distance around the Colonel's office, and calmly awaited developments. In a short time one of the "police" came to the Prophet, and signified that it was time for him to appear on the field. He went immediately down to the Colonel's office, which was on Main Street, and knocked for admittance. For some time no one responded, but the knocking continuing violently, Col. Steptoe asked who was there. "Brigham Young," said the angry Prophet; "and I want to come in, and I will come in." At this Steptoe opened the door, and Brigham entered the front office. He seemed excited, and without being seated, asked if Mary

and Mrs. —— were there; adding,—"I want the girls." Steptoe denied their presence; but could a prophet be deceived? "I know better," said he; "I know they are here;" at the same time walking into the back office. There, on the sofa, sat two young gentlemen dressed in the highest style, but wearing their hats. Brigham advanced, lifted the hats of the fancy gentlemen, and the ladies he was seeking sat before him. Of course, the righteous indignation of the Prophet knew no bounds. He threatened Steptoe with exposure and prosecution, and told him his life would not be safe if the friends of the ladies came to hear of the affair. He censured the girls, and told them to go home, and finally calmed down, and left the office.

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

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

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

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

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

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

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

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

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

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

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

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

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

Judge Kinney remained in Utah until 1856. In 1860 he

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

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

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

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

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

"Washington, January 17, 1859.

"Dear Sir,—

"As you may need some facts not reported at length in the memorial and other documents, relating to the proposed Territory of Nevada, I herewith submit them.

"The Mormons and Anti-Mormons began the settlement of Western Utah in the latter part of 1854. The former, however, succeeded, in 1855, in obtaining a numerical majority; and the Legislature of Utah, on being informed of this fact, organized the whole western part of the Territory, under the name of Carson County, and Governor Young appointed Orson Hyde, the President of the Quorum of Twelve Apostles, its Probate Judge. Soon after the Judge arrived, adventurers from California, as well as from the Atlantic States, settled in Carson and other valleys on the eastern side of the Sierra Nevada, for the purpose of mining,

farming, and raising stock. As they increased very fast, the Mormons became alarmed, and determined to expel them.

"They therefore ordered them to leave the country. Of course the Christians, or Anti-Mormons refused to do so. The Mormons then assembled their forces, and attempted to expel them, vi et armis. The Anti-Mormons also organized, and fortified themselves, with a view of defending their lives and property against their assailants.

"For two weeks their armies camped nearly in sight of each other, without coming to a direct battle.

"By this time, news had reached the miners in California of this state of affairs, and a large number had determined to cross the mountains, and afford protection to the Anti-Mormons. On hearing this, the Mormons became satisfied that, unless they retraced their steps, they would be driven themselves from the country, instead of the Anti-Mormons. They therefore proposed a truce, and agreed that all should enjoy a common heritage in that part of the Territory.

"The Mormons now became satisfied that the Christians not only could, but would occupy these fertile valleys, on the ground that they were the common property of the United States. When the Legislature of Utah heard of this affair, that body, in violation of every constitutional right, repealed the county organization, recalled the Probate Judge, and removed all the county and court records to Salt Lake City, where they have ever since remained. Amongst these records were several indictments against certain persons for high crimes and misdemeanors. By this flagrant violation of all sacred, individual, collective, and constitutional rights, the people of Western Utah were not only denied all legal protection to life and property, but they were disfranchised. They have ever been unrepresented in the Legislature and in Congress. The history of our country presents no such a record of open defiance of law, and such cruelties to men under the form of laws.

"For years the Anti-Mormons have been applying, both to the Territorial Legislature and to Congress, for protection, without success.

"Their situation has ever been, and still is, peculiarly unsafe and annoying. Recently a Probate Judge was surreptitiously appointed for Carson Valley, with a view of reorganizing the

county of Carson, and thus extend over the people there the Mormon statutes of the Territory.

"The Judge, soon after he received his commission, undertook to force on an election of county officers. Enough of the Anti-Mormons, however, turned out, to defeat his purpose, by the election of an opposite ticket, who, on being elected, refused to qualify, because they were required to obey the Mormon statutes. The Judge has been notified that if he undertakes to enforce the Mormon statutes he will be resisted,—peaceably if they can, forcibly if they must.

"They will not introduce, nor permit others to introduce among them, the vices of that wicked, perverse, and adulterous generation, who have so long wielded the sceptre of authority in the Great Basin. They will not allow, with impunity, their wives and daughters to be kidnapped, dishonored, and defiled; nor submit to laws made by such a people, nor allow themselves to be ruled by men who practise and uphold vices and crimes so revolting to the moral sense of the world; and if the Mormons persist in their present course, blood will flow.

"The only loyal people of Utah are oppressed, annoyed, and scandalized, by a government intended by Congress to secure them in their rights, and to protect them in their property; and while the present Territorial organization exists, the Mormons, who have control of the Legislature, will never 'let up on the gentiles.'

"The only remedy for this unnatural war, now raging between the Mormons and the Anti-Mormons in Utah, is to be found in the immediate separation of these people under two distinct governmental organizations. One thing is inevitable,—the Mormons and Anti-Mormons will never, and can never live together in peace, under one government. The conflicts which took place between them in Ohio, Missouri, Illinois, and Iowa, and which are now going on in Utah, ought to convince any intelligent man of the justice and truth of this declaration. Indeed, the Mormons themselves acknowledge it; and so long as they adhere to their belief,—a belief founded upon their own scriptures,—that an absolute theocracy is the only government under which they can and should live, they never will be loyal to our government and countrymen, and hence their hostility to our institutions and people, and their inflexible devotion to their own.

"In every State where the Mormons have lived, it has cost the loyal people of the State thousands of dollars, as well as the loss of many lives, to compel them to obey the laws. In every instance they have resisted our laws, and in every State necessity demanded their expulsion.

"In Utah, while they were charged with the administration of the government and execution of the laws, they proved themselves not only traitors to our people, but treacherous to the government, and openly rebelled against them and defied their authority, and it cost the Federal Government millions to conquer them. They have still control of the Territory, and they are inflexibly bent upon subduing the Anti-Mormons of Western Utah; and if the latter are not separated from them, and protected by law, it will require the expenditure of millions more to restore order in Utah. Congress can count the cost in this matter, while we will have the melancholy duty of burying our dead. The people of Nevada will never be conquered,—never be ruled by the Mormons. Come what will, they will resist to the bitter end. They prefer death to dishonor, and the government may choose which of these shall be meted out to them.

"In addition to the above considerations, which should, I believe, present conclusive and imposing evidence, sufficiently satisfactory to induce Congress to organize the Territory of Nevada, I may likewise mention others.

"While the people of Western Utah have, in the Mormons, open and avowed enemies, they have likewise the savage tribes to defend themselves against. Some of these tribes are professed Mormons, while others are under their influence. Many conflicts have taken place between the Christians and some of these tribes, as well as between the emigrants, while crossing the Plains to the North Pacific, and the aforesaid savages; and there is no hope of establishing amicable relations with these Indian tribes, until they are brought under other and better relations with the Anti-Mormons of Utah. Peace does not reign in Utah, and never will, under the present order of things. . . . .

"When our common country shall call forth her sons to defend her rights, the people of Nevada will come forth. They will be ready and willing to meet the enemy, on the beach and on the frontier, with a sword in one hand and a torch in the other. They will dispute every inch of ground, burn every blade of grass, and

the last intrenchment of liberty will become their graves, rather than permit a foreign enemy to contaminate the soil of our country. Can this be said of the Mormons? I think not. If we can protect our countrymen abroad, why should we not, on our own soil?

"Very respectfully, yours,

"James M. Crane,

"Delegate elect from Nevada.

"To Hon. Wm. Smith."

"Having read the above statement of Judge Crane, delegate from the proposed Territory of Nevada, I will state from my own observation, having resided in the Territory of Utah for over three years, for a portion of which time I was in Carson Valley, that I heartily concur with him, and fully indorse his statement in relation to the condition of things in Western Utah, and seriously believe that the wants and necessities of the people of that portion of the Territory demand its immediate organization.

"George P. Stiles,

"Late Associate Justice for Utah."

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

Already are her valleys teeming with the life of the husbandman, and her soil yielding up its rich harvests of golden grain, for the sustenance of her brave and patriotic sons. She has sent several hundred men into the field, and with unshaken loyalty stands ready to send more, if the cause of her country calls,—thus literally fulfilling the promise of Judge Crane made in the foregoing letter. Mark the contrast between loyal and Christian Nevada, and disloyal and Mohammedan Utah! One rushing on to a glorious and happy destiny, and the other falling rapidly back into the habits and customs of heathen nations. The genius of Liberty sits enthroned among the mountains of free Nevada, while despotism of the most hideous character clanks her

chains in Utah. May the day of deliverance for the oppressed thousands of Utah soon dawn. Then will she take her place among her sisters in the family of States, and the hand of oppression be no more felt in all her fair borders.

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

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

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

In the fall of 1856 a conflict arose, in regard to the jurisdiction of the United States Marshal. Heretofore this officer had acted with the Mormons, and all had passed off smoothly. But a real gentile was now appointed, and this was the signal for Mormon opposition. The Mormons claimed that the Territorial Marshal, instead of the United States Marshal, should act in the United States courts when doing territorial business. The United States Marshal contended that he should officiate in all business transacted in the United States courts, whether sitting as federal or territorial courts. Judge Stiles issued certain writs, directed to the officer, which he found it impossible to serve. The people, instigated by the Mormon leaders, refused to obey the precepts of the court,

and set at naught its authority, proclaiming that the time had come when their laws, and none others, should be enforced in Utah.

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

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

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

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

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

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

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

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

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

warm friend and advocate of Senator Douglas, whom the Mormons hate.

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

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

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

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

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

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

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

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

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

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

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