History of Salt Lake City, Part 143

Author: Tullidge, Edward Wheelock
Publication date: 1886
Publisher: Salt Lake City, Star printing company
Number of Pages: 1194

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under the evidence no legal conviction could be secured. In the defense of these causes the people's advocate entered with an especial devotion. From Franklin's childhood Apostle Snow had been the close friend of the Richards family. Now he was in the sunset of life ; his apostolic career had been one of marked vigor and brilliancy; and there was some reason to fear that despite the lack of evi- dence against him, an effort was being made to punish him for all the other leaders of the Church whom officers were unable to find. The cases were fought step by step, but all the time the grim, heedless determination to convict became more apparent. Knowing the legal innocence, and yet realizing the jeopardy of his friend and client, Mr. Richards made some of his most forcible and touching arguments. In addressing the juries, he showed them how Lorenzo Snow was being wil-

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fully offered as a sacrifice to the insensate clamor of the multitude. He implored them to exert the force of their position to stay the wave of reckless, partisan condemnation which was sweeping over the Territory; and to hold the zeal of the self-avowed reformers within the bounds of law and jus- tice. These appeals to courts and partisan juries were ineffeetual; and the cases went up to the Su- preme Court, where they were heard in the latter part of April, 1835.

In the presentation of these causes to the Supreme Court, Mr. Richards became associated with George 'Ticknor Curtis, a man whose legal and literary fame is of the brightest. The exposition of the cause of the Mormon people, as involved in these cases against Lorenzo Snow, was fully, fear- lessly and patriotically made. Mr. Curtis, with his eminent ability as an expounder of the Constitu- tion engaged his heart and intellect in the work. He was tireless in obtaining information upon the subject from Mr. Richards; and the arguments of the two advocates-the famous Washington legist and the eloquent Utah lawyer, together constitute a masterpiece of law and logic.

The well known result of the hearing of these causes is not uncomplimentary to the illustrious jurist and his associate. When they had completed their work, there seemed no possibility that the Supreme Court could fail to give the desired relief. And when, after the long hearing which was accorded, the court took the novel position that it lacked jurisdiction; the feeling was generally en- tertained that the arguments for the plaintiff in error had been found unanswerable.

It is eler that Mr. Richards has full faith in the righteousness of the Mormon cause. He de- clares that the sime principles of law and rules of evidence obtaining in other cases should be applied in these questions. For this common justice, he has constantly appealed to the Supreme Court of the United States ; at the same time expressing an absolute certainty that, if fair treatment were ac- corded, many of the useless persecuting proceedings would be checked.

But it seems the fate of the Mormons as a class or as individuals to find religious bigotry and political hate always thrown into the scales against them. And when Mr. Richards has seen his appeals for impartial treatment ignored ; as the advocate of a people already suffering martyrdom, he has not hesitated to sound the warning note even to the highest tribunal in the land. Mr. Rich- ards claims that the history of jurisprudence upon the Mormon question shows a steady descent, each final decision marking a downward step. He says that continued progress in this direction must ingulf all the inherent rights and guaranteed privileges of the citizen in the abyss of unconsti- tutional laws and decisions ; and when that dread day shall come, though his clients may lead the van of the sufferers, they will not be the only martyrs nor their religion the only one proscribed.

Mr. Richards has had a considerable measure of professional success. As a counselor-at-law he has declined eases not manifestly meritorious ; and when he has taken a case, he has gone to his labor conscientiously and hopefully. His nature is charged with a lofty enthusiasm, which in his speaking to a jury or to a public audience is highly contagious, affecting the sensibilities, while his argument aims to appeal to men's better judgment and their love of right. There is one especial quality in his arguments before the Supreme Court which has commanded both attention and re- spect-namely, his earnestness. The causes of his people are also the eauses of the advocate, and old lawers of national fame, attracted by his ardor, have rested awhile the study of their own briefs.

The personal qualities of Mr. Richards are strongly marked. He possesses great moral cour- age and dignity ; and is yet affable and entertaining. His memory is retentive and his mind is highly cultured. Such characteristics, added to legal fitness, have made professional advancement easy and rapid.

The biographer must view Franklin S. Richards as having been predestined to become the legal defender of the Mormon cause. We believe that he was providentially set apart to be one cf the instruments in effecting a settlement of the Utah social and political problems. He has been fitied and shaped for the work ; for with an apostolic relation to the cause of the Mormon people, he has the lawyer's mind to deal with it from a purely political point of view. He understands the peculiar ease of his people from the religious standpoint of the leaders of the Church and the high constitutional standpoint of Judge Black ; as well as from that other standpoint, the one taken by the Federal prosecutors and courts in Utah. It is this comprehensive knowledge-including in its view the gospel and the law, which gives him such a peculiar fitness for his position as chief advo- cate for the Mormon people in the courts.

The Mormon cause w.is not obliterated by the Edmunds law; and there will be a constant struggle by the people for the application of just and constitutional principles to their case.

Franklin S. Richards had a grand intellectual inheritance, being descended from a long line of staunch patriots and strong-willed professional men. Possessing high aspirations and hereditary ca- picity for growth, he has not stopped at knowing the law of the books, but has sought to learn the

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laws written upon the heart of humanity as well as those underlying principles of justice which are the only sure foundation for the government of an enduring, free republic. His independent study and training in the law peculiarly fit him to become an exponent of the Constitution ; just as the sit- unation of his people is such as to call for a lofty patriotism and a pure and fearless exposition of the Nation's charter before the court of last resort. The cause of the Mormon people is the greatest one which has ever been before the supreme tribunal of this land, except the question of human slavery ; and the people do well to choose a lawyer whose intellect and conscience unite in advocacy of the cause. The day is past for a common-place defense or for a defender who is hampered hy a regard for popular clamor or ill-founded, unconstitutional precedents. Nopolitician of the schools would do for the crisis when the Union was in jeopardy-the destiny of the Republic required the unhampered will and simple grandeur of the backwoods Lincoln. Now that conventional legisla- tors, jurists and legists-forgetting that there is an eternal divinity in our charter of liberty, are join- ing in the new fashion of universal unbelief and are casting away the Constitution as a worn out garment ; may we not hopefully look for exponents and defenders of that sacred instrument to arise like Lincoln, the emancipator ?

Here let us leave the subject of this brief sketch- just as his people and himself are entering the shadow of those coming events which include the salvation or the destruction of a church and a commonwealth.

CHARLES W. PENROSE

Charles William Penrose, one of the foremost citizens of Utah, and one whose name is a syll- onym for rapid thought and untiring activity, was born at Camberwell, London, England, on the 4th of February, 1832, and is a scion of well known Cornish families, who were stockholders of tin mines. Being naturally of a studious and inquiring turn of mind, with quick perception and re- markable memory, he speedily mastered at school the common rudiments of education. He read the Scriptures when only four yers old, and was well versed in the doctrines of the Bible, the won- derful sayings and predictions of the Savior, and the ancient Prophets and Apostles. 'This paved the way for his acquaintance with, and his subsequent acceptance of, Mormonism, which, from its Scriptural character, its reasonable and substantial doctrines, feasible theories, and sound practical results, attracted his attention while a mere lad, and, in due time, after he had thoroughly investi- gated and compared its teachings with the Bible, numbered him among its converts.

He joined the Church of Jesus Christ of Latter-day Saints in London, May 14, 1850, and is the only member of his father's family who has ever embraced the faith. His scriptural attainments and spiritual inclinations soon brought him under notice of the presiding authorities of the London Conference, and in January, 1851, when not yet nineteen years old, he was ordained an Elder, and two months later was sent on a mission to Maldon, in Essex, to preach the Gospel, " break new ground," and build up branches of the church. This movement was much in opposition to the wishes of his friends, and to his own pecuniary interests, as he had been offered, on condition of his remaining home, a life situation at in a government office. Shutting his eyes to the gilded bait of temptation, he took up the cross of the master, and literally " without purse or scrip," taking not not a penny in his pocket, nor even a change of dress, started out afoot upon his mission as a ser- vant of the Lord.

With bleeding feet but undaunted heart, he reached the town of Maldon, having slept out of doors for the first time in his life the chilly night previous. He was an utter stranger in the place, and the first " Mormon" Elder to visit that region of the country. He met with much opposition, but steadily worked his way in the town of Maldon and the country round about, and succeeded in raising up branches of the Church in Maldon, Danbury, Chelmsford, Colchester and other places, baptizing a great number of persons of both sexes, many of whom are now in Utah, and being in- strumental, by the laying on of hands, in the restoration to health of many persons afflicted with disease. Ile possessed the gift of healing to a remarkable degree, and several of the cures per- formed were of a miraculous order. He labored for seven years in poor agricultural districts, open-

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ing new missionary fields, building up branches, suffering many hardships and trudging on foot be- tween three and four thousand miles every year. It was during this period, on the 21st of January, 1885, that he married Miss Lucetta Stratford, of Maldon, sister of Bishop Edward Stratford of Og- den, who with all the family he had brought into the Church. Elder Penrose was next called to pre- side over the London Conference, and subsequently over the Cheltenham Pastorate, consisting of the Cheltenham, Worcestershire and Herefordshire Conferences; and later over the Birmingham Pastorate, consisting of the Birmingham, Warwickshire, Staffordshire and Shropshire Conferences. His pen, ever brilliant and keen, at this time was almost as busy as his ready tongue. He wrote many theological articles for the Millennial Star, principal Church organ of the European mission, and out of the silken and golden threads of his poetical thoughts and emotions, wove the fabric of those beautiful songs of Zion which have cheered the hearts and fired with patriotism and holy zcal the drooping souls of thousands.

In the year 1861, after over ten years of gratuitous and successful service in the ministry, he was released from his labors and emigrated to America. He crossed the sea in the sailing ship Un- derwriter, assisting in the charge of 620 passengers, and living with them in the steerage during the thirty days passage from Liverpool to New York. He also helped to care for them during the jour- ney through the States and up the Missouri river. He crossed the plains, driving his own ox team, with his family and his wife's relatives, and was eleven weeks on the toilsome way.

Arriving in Utah he settled in Farmington, Davis County, and for the first time in his life went to work in the fields, climbing the mountains for firewood, and laboring at the hardest kind of phys- ical work, for which he was naturally unfit, and teaching school in the winter. He made headway, however, and acquired a small home. During his three years residence there, he was ordained one of the presidents of the 56th quorum of Seventies. In the fall of 1864, at the solicitation of Apos- tle E. T. Benson, he removed to Cache Valley and again labored for a home, teaching school in the winter. He had scarcely more than secured some land, a log cabin and lot, when he was called, in April, 1865, togo to England on a mission, and was notified to be in Salt Lake City by the first of May, prepared with means to carry him on his journey.

In company with forty other missionaries, in charge of Captain Wm. B. Preston, Elder Pen- rose set out upon his second journey across the plains, with mule teams, but walking most of the way. They were thirty-six days in reaching Omaha. The Indians were very hostile at the time, and people were kille 1 before and behind the little band ol missionaries, but they got through in safety, despite many fears and predictions to the contrary, and reaching New York, sailed for Liver- pool. Elder l'enrose arrived in England, labored first among the colliers in Lancashire, with suc- cess, and on the first of February, 1866, was sent to preside over the Essex Conference, which he had built up several years before. On the 6th of June following he was appointed to preside over the London Conference. He traveled all over the British Isles and visited Paris during the great exposition. The last two years of his mission he assisted to edit the Millenial Stur, under President F. D. Richards; also preaching on Sundays in different places, baptizing many in Liverpool, and helping to ship many companies of emigrating Saints. At the close of the emigration season of 1868, he was released from his mission and sailed for home; taking rail from New York to Point of Rocks, and thence by stage line to Salt Lake City, arriving in Utah after an absence of three and a half years.

He next engaged in mercantile pursuits, with W. H. Shearman, in Logan, under the firm name of Shearm.in & Penrose, and did a fine business until the co-operative movement was instituted. when the whole stock was turned over to the new institution. On the first of May, 1869, Mr. Pen- rose became secretary and treasurer of the Login Co-operative Institution, and bookkeeper for the store. He acted as a home missionary, traveling and preaching on Sundays, often in company with Apostle Benson ; was a member of the high council, and took an active part in all Church move- ments in the county.

In January, 1870, he resigned his position in the Co-operative Institutton, bade adieu to Logan and took up his residence in Ogden, having been invited by Apostle 1'. D. Richards to take editorial charge, under his supervision. of the Ogden Junction, which had just been started as a semi-weekly, This was an occupation for which he was peculiar'y well fitted, not only by nature-which un- doubtedly designed him for a journalist-but by education and experience ; and the paper which he did so much to build up and render popular, and which lived and prospered as long as he was con- nected with it, will be long remembered for the interest and pointed vigor, the "snap and ginger " of his pungent writings. Ile was assistant editor one year, and was then made editor-in-chief. and afterwards business manager as well. He started the Daily function in September, 1872, and

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much of the time was its editor, local, business manager, and traveling agent, and-to use his own terse expression-was "worked half to death."

Having previously become naturalized, he was elected, February 13. 1871, a member of the Ogden City Council. He took active part in all the affairs and improvements of the municipality as long as he remained in Ogden, and he was re-elected to the council every term; his name was found on both tickets whenever there were two parties in the field. He served, in all, four terms, and before the expiration of the last one had removed to Salt Lake City. At the organization of the Weber Stake of Zion he was ordained a High Priest and made a member of the High Council, and remained so for a long time after his removal from Ogden. He also acted as a home missionary both in aS take and Territorial capacity. 1

His political record in the municipality having won him influence and the confidence of his as- sociates and the people generally, he was chosen delegate from Weber County to the Constitutional Convention of 1872, being elected by the popular vote on February 5th, of that year. He helpe i to frame the Constitution of the State of Deseret and the memorial to Congress, being on the com- mittees having that work in hand. The same year he represented Weber County in the Demo- cratic Territorial Convention, which was composed of both Mormons and Gentiles, and nominated for his wing of the party, Hon. George Q. Cannon as delegate to Congress, making a pointed speech in the convention. He was a member and secretary of the People's County ( entral Com- mittee, and a live worker in all political movements, making speeches and using his influence in every way for the success of the People's party. During the same period, he was busily engaged in ecclesiastical affairs under President Richards.

In August, 1874, he was elected a member of the Legislature, representing Weber County in the Territorial Assembly. He took an active part in all general measures, introduced a number of bills, drafted publie documents, and rendered other valuable service for which his literary ability and native legal aeumen well qualified him. At the same time he wrote all the editorials and reports of the Legislature for the Ogden Junction. In 1875 he found himself so overworked that he resigned the business management of the Junction, but continued as editor, and did all the literary work, local and telegraph included, for both the daily and semi-weekly issues. He also continued ac- tive in municipal and Church affairs.

In the fall of 1876, Mr. Penrose went to California to represent Thomas and Esther Duce, mother and son, in the adjustment of a pecuniary issue. In September of that year the Duces had been shot by a Welts, Fargo & Co 's guard who dropped his gun, a double-barrelled we.ipon loaded with slugs ; the whole contents being fired into them. Thomas was literally riddled, and his mother was shot through the windpipe. Mr. Penrose, assisted the doctor to dress the wounds; both pa- tients recovered. The company disclaimed responsibility for the accident, but Mr. Penrose met with the managers in San Francisco, prevailed on them and obtained five thousand dollars com- pensation for the Duces.

In June, 1877, by request of President Brigham Young, he came to Salt Lake City and be- came connected with the Deseret News, under the general editorial management of Hons. George Q. Cannon and Brigham Young, Jr. The Junction Company keenly felt his loss, and offered to give him the paper entirely. On the organization of the Deseret News Company, at the first meet- of the Board of Directors held September 3d, 1880, C. W. Penrose was made editor-in-chief of that veteran journal, and still remains so. He became a home missionary of the Salt Lake Stake, and traveled and preached in many places.

At a special election in 1879. held for the purpose of filling the vacancy caused by the death of Hon. A. P. Rockwood, member elect of the Legislature for Salt Lake County, Hon. C. W. Pen- rose was the people's choice for that office, which he filled with credit to himself and to the satisfac- tion of his constituents. He served during the session of 1880 on various important committees, including the judiciary, and introduced many bills, among them a bill to> take away all political disa- bilities from women. The bill created no end of discussion, comment and debate, its author making able and pithy speeches in its favor, and finally it passed both houses but was vetoed by the Gover- nor. Following is one of his speeches on this question which will serve to show his style:

"Utah is the home of liberty for all, and peculiarly the sinctn iry for women ; here all her rights are popularly acknowledged and accorded Here she is protected and defended. Here the conven- tionalities which have kept her in bondage for ages are thrown aside by the force of an enlightened estimate of her capabilities and an enlarged view of her claims is an integral part of the body politic. "The right to vote has already been conferred upon her. The laws of the nation declare her a citizen equal with man ; the laws of this Territory give her equal rights with man at the polls. This has

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worked no injury to any, but will necessarily result in good. For the power of the suffrage will de- velop thought, and its responsibilities give occasion for reflection, and the enlarged capacities of women which will be the natural consequence, will be transmitted to her offspring, and benefits will thus accrue to the State in the coming generation.

" None of the disasters predicted by the opponents of woman suffrage have occurred in this Territory. The women have exercised their power in wisdom, and have shown their fitness for the trust reposed in them. They have not been degraded nor polluted in the waters of politics, and are just as good wives, mothers, sisters, cousins and aunts, as before receiving the c'ective franchise. Re- cently they have had some voice in our caucuses and conventions and nominating committees, and who can say truthfully that this has been in any way inimical to the community. Giving them the right to vote without the right to a voice in the arrangement of a ticket or platform on which to vote, would be partial and inconsistent.

" Having done so much for woman's cause, why halt in timid hesitation before the last barrier to her politici il freedom? The word 'male' in our statutes, defining the qualifications of citizens for holding offices, is a relic of the old system of woman's vassalage. It is a standing reflec- tion upon her sex. It is a plain assertion of her inferiority. It says, virtually, no matter how wise, intellectual, honest, thrifty, able and gifted a woman may be, she is not fit to be entrusted with the responsibilities of the smallest office in the gift of the people. If this is not its meaning, then it is a selfish declaration that all the honors and emoluments of every office shall be reserved to the stronger sex, because man has the power to elbow woman out into the cold and keep her there. There are some offices for which women are not adapted. But are there not also some offices for which many men are not adapted? Yet no man, however inefficent, is debarred by statutory provisions from such positions. But woman is shut out from all and this purely and solely because she is woman.

" The good sense of the great body of electors of both sexes must determine what those offices may be, and as in the case of men, which persons are the most competent to fill them. The bill will no: secure a single office to a single woman-or a married one, either. But it will break down in Utah a wall which is in the way of the march of progress, and every stone and brick of which will yet be entirely removed in every nation that is really civilized.

' Massachusetts and other States have commenced the work. Women there can not only vote on school matters, but hold official positions on school boards and other State educational organ- izations. They have the same privileges in Kansas. In Utah. where the elevation of woman as man's companion, not his slave, is the prevailing social theory, she cannot, under the law, hold any office of any kind whatever. Cache County would have elected a lady to the office of County Super- intendent of Schools, one who has proven to the people her ample qualifications for the post. But the low forbade it. Salt Lake County contemplated nominating a talented la ly for the office of County Treasurer, but the disability which this bill seeks to remove stood grimly in the way.

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History of Salt Lake City, Part 143

Author: Tullidge, Edward Wheelock Publication date: 1886 Publisher: Salt Lake City, Star printing company Number of Pages: 1194

Author: Tullidge, Edward Wheelock
Publication date: 1886
Publisher: Salt Lake City, Star printing company
Number of Pages: 1194