History of Salt Lake City, Part 147

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

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"On motion, Resolved, that the covenant entered into at the last meeting be read by the secre- tary ; which was done accordingly. ' =

"The chairman then called for the expression of sentiments on the subjects of the covenant.

" Resolved, That the committee be increased to eleven.

" The following were then appointed: Elias Smith, Erastus Bingham, Stephen Markham, and James Newberry.

"Several of the committee addressed the meeting on the arduous task before them, and exhorted all to exert themselves to relieve and assist them in the discharge of the duties of their office, to the utmost of their abilities. 2.

' ' " Elders Taylor and Young, in the most forcible manner, addressed the assembly on the pro- priety of union in order to carry our resolutions into effect, and exhorted the brethren to use wis- dom in the sale of their property.

" JOHN SMITHI, President. " ELIAS SMITH, Secretary."

Elias Smith was one of the last that left Far West. Hastily gathering up the remnant whose lives were again threatened by the mob, he started with them from Far West on the 19th of April, 1839, but, meeting the Twelve on the way, he returned with them to fulfil a revelation concerning a conference to be held at Far West on the 26th of April, 1839, when the corner stone of the temple was to be laid and certain men to be ordained to the quorum of the Twelve. Notwithstanding the threatenings of the mob this imposing ceremony was performed, and Wilford Woodruff and George A. Smith ordained. After taking part in the solemn performance Elias Smith journeyed with the Twelve to Quincy, then went to Commerce (Nauvoo,) and returned to Quincy where a general con- ference of the Church was held after the escape of the Prophet Irom prison; and the committee set- tled up the affairs of the emigration of poor Saints from Missouri.

After the removal into Illinois, Judge Smith settled at Nashville, Lee County, four miles from Nauvoo. In the organization of the stake of Lee County, he was taken out of the seventies and made a high councillor, and subsequently was ordained the bishop of the stake, which position he held until the stake was broken up, when he went to Nauvoo.

At Nauvoo he was associated with the press as business manager of the Times and Seasons and the Nauvoo Neighbor. After the martyrdom of his cousins Joseph and Hyrum, he followed the lead- ership of Brigham Young, as did also the Apostle George A. Smith, with his father John, who was now the chief patriarch of the Church. Thus, notwithstanding that Emma, first wife of the Prophet. with her sons and " Mother Lucy " Smith, remained at Nauvoo with the relics of their martyred dead, the surviving leaders of the Smith family were with the Saints in their exodus, and are among the founders of Utah. The sons of Hyrum Smith also came with the people to build up with them - the religious fabric which the blood of their father and uncle had sanctified.

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With his family Elias Smith took up the pioneer journey from Nauvoo in May, 1846, intend- ing to go with the body of the Church to the Rocky Mountains that year, but the call of the Mor- mon battalion soon afterwards hindering this he sojourned a while in Iowaville, Van Buren County, lowa, where his mother died in October, 1846, and his father in July, 1848. In 1851 he emigrated to Utah, and soon after was elected, by the Legislature, probate judge of Salt Lake County, in which office he was continued up to 1882. His terms of office have ranged from four years to one. In 1852 he was also appointed one of a Code Commission of three, with Albert Carrington and William Snow, he being chairman. Their duty was to present to that legislature of pioneers, un- skilled in legal science, those laws best adapted to the peculiar condition and character of the peo- ple ; and whatever may be the criticism of the lawyers of to-day upon their work, undoubtedly these men acted with strict fidelity, and the most conscientions intention.

Judge Smith has eminently filled the most important judicial sphere in Utah, the probate courts being, until the Mckean period, practically the Courts of Justice for the people. Indeed, he is known in all the acts of his life, and in his essential character and quality of mind, to be conscientious in the highest degree. It is not his nature to administer unrighteously ; and in the peculiar case of Utah, with Gentile and Mormon in chronic conflict, that quality of mind and judgment has had ample opportunity to manifest itself. In this quality of justice his peer was Daniel Spencer, who occupied an office in the Church analogous to that of Chief Justice of the State, and to whose ec- clesiastical court-the High Council-Gentiles have in the early days repeatedly taken their cases for arbitration in preference to "going to law" either in the federal or probate courts. Elias Smith and Daniel Spencer may therefore be offered to the Gentile reader as the proper types of the judges of the Mormon Israel.

Besides his judicial sphere, Judge Smith has filled other important callings. He was business manager of the Deseret News, under Dr. Richards, in the early rise of journalism and literature in the West, and was postmaster of Salt Lake City from July, 1854, until the army came in 1858. In 1856 he became editor of the Deseret News, retaining the position until September, 1863, when he was succeeded by Albert Carrington ; since which time he has exclusively confined himself to his judicial duties. In 1862 he was a member of the Constitutional Convention, and one of the com- mittee who drafted the Constitution for the State. His general history is the history of his people. While in his private capacity he is universally respected, in his public sphere he may also be said to be without an enemy, notwithstanding he has so long administered law and equity.

Judge Elias Smith was a bachelor until he was forty-one years of age. He married Lucy Brown, a native of England, at Nauvoo, August 6th, 1845. She was born at Biggleswade, in Bed- fordshire, January 4th, 1820; came into the Church in 1842. and arrived in Nauvoo, May, 1843. She is the mother of Elias A. Smith, the present of judge Salt Lake County, and his father's suc- cessor to the office.

Our steel plate frontispiece is a most excellent type of an upright judge. It has been engraved from a portrait taken when he was at the age of 65-he is now over 80-and will show to the eye of next generation what kind of a man Judge Elias Smith was at his ripe maturity.

JUDGE Z. SNOW.

The following is condensed from an autobiographic sketch of Zerubbabel Snow, one of the first U. S. judges appointed for Utah, at the organization of the Territory. He says :

I was born March 29th, 1809, in the township of St. Johnsbury, County of Caledonia, State of Vermont. My parents were both born in New England, one in 1783, the other in 1787. I am their third son and fourth child. My parents were married when my father was nineteen and my mother fifteen years of age.

Shortly before their marriage my grandlather on my father's side died, leaving a small estate to his children, and as is not unusual in such cases my father, not having any experience in business,

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soon lost his share and became poor. They then moved to and settled in a place then known as Chesterfield Corner, in St. Johnsbury. He settled on a farm and entered on the farming business.

The country was new and the land poor. For this reason it required of my parents a constant effort to live and support their growing family. Frugahty, industry, integrity and temperance were the leading features of their characters.

Schools at that time were scarce in that vicinity. The only ones then known to me were what was known as common schools, in which were taught reading, spelling, writing, arithmetic, geog- raphy and grammar ; no more. Our spelling book was Noah Webster's, who subsequently pre- pared and published Webster's Unabridged Dictionary ; a book which I esteem more highly than United States bonds, railroad stock or fine gold.

These common schools were taught in the summer by a woman, in the winter by a man, each taught only a ten weeks' term. In these schools I obtained all the education I ever got till I was about twenty years old.

At the early age of eighteen I began to teach in these schools, and while living in that region I taught school in Vermont four and in Canada East, then called Lower Canada, two winters.

In the spring of 1832, Mr. Lyman E. Johnson and Mr. Orson Pratt, two elders of the Church of Jesus Christ of Latter-day Saints-Mormons so called-came into that section of country. From them I, for the first time, iearned concerning the Prophet Joseph Smith and the Book of Mormon.

Here it seems proper for me to make a few remarks concerning my political and religious views.

In 1826, the cry known as the Morgan act rage of Masons was in full vogue ; a book was pub- lished which contained what was alleged to be the secrets of Masonry. 'This book I obtained, and read. Several of my friends were Masons and I, through their influence, became what was called a Jack-Mason.

From this time till 1828, I looked a little into political matters and in that year I hurrahed for Jackson. From this time till 1832, I looked a little further into political matters, studied a little his- tory and became what is known as a States rights man.

I sometimes read and often heard people talk about the divine right of kings, in which I learned that George the Third held to the divine right of kings, which was to govern civilly and religiously. That he demanded unconditional obedience from his subjects ; that under no conceivable circum- stance could a subject be justified in opposing, much less resisting the will of the king. I also occa- sionally heard the remark about kissing the Pope's great toe. That the Pope claimed the right to dethrone kings and grant dispensations to the king's subjects to fight and war, kill their king and such of his subjects as adhered to him unless the king recognized the absolute supremacy of the Pope.

I also often heard people speaking of the right of individual judgment on subjects of religion and civil law, and of opposing and resisting by force of arms these so-called divine rights and those who attempted to enforce them.

In the country where I resided there were persons who believed in the doctrine of universal salvation of men, others who believed that hell was lined with infants not a span long, others who believed in predestination and foreordination, others in free will.

There were churches known as Methodists, Presbyterians, Baptists and Congregationalists. In this state of civil and religious controversy I was raised from youth to manhood.

As before stated I, in the spring of the year 1832, for the first time learned concerning the Prophet Joseph and the Book of Mormon.

Here there was a branch of the Church built up, among whom was the Farr family, now living in Ogden, my brother William, who died some years ago, and myself.

In June of that year I was selected by this branch of the church to go to Ohio, which I did, ar- riving at Hiram, Portage County in that State, July 14th.

Here I became acquainted with the Smith family, among whom was Joseph, the Prophet ; the Whitmer family, among whom was David ; Oliver Cowdery, Martin Harris, Sidney Rigdon, Fred- erick G. Williams, and many others then in the Church.

Soon after my arrival, I was shown the vision of Joseph and Sidney, as we call it, then in man- uscript, but now in print, Joseph explained to me quite minutely his visions of April, 1820, of September 21st and 22d, of 1823, including his seeing the plates, and of 1827, the time he took them, together with what the angels said to him. These being now matters of history I omit them.

From July 17th to August 22d of that year, I was with Joseph nearly every day. He was mainly engaged in translating the Old Testament, he having completed the translation of the New 21

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before my arrival. I heard him translate nearly the whole of the book of Genesis. He showed me a vision given to Moses before he commenced the history of the creation and of the fall, which was revealed unto Joseph.

In one of the chapters near the close of the creation and of the fall were two verses included in parenthesis. These were not in Moses' writings, but in Joseph's. These stated in substance that God had shown to Joseph what he showed to Moses, and added, See thou show it to none except to him that believes .. With these and a careful study of the Bible, King James' translation, and the Book of Mormon, my mind, as I then thought and still believe, was greatly enlightened.

For the purpose of explaining statements hereafter to be made, I here remark that a part of our religious doctrine is by us called the dispensation of the fulness of times and the gathering dis- pensation, meaning by these that we ought to gather together in suitable places and prepare for the second coming of our Savior, which gathering and coming have been more or less definitely spoken of by holy writers.

To accomplish this. Independence, Jackson County, Missouri, was selected as a central shore for this gathering. To this place many of our brethren had moved and settied. They had estab- lished a printing press there and issued a newspaper. I was a subscriber to that paper. In July, 1833, one of its issues contained two sections of the constitution of Missouri recognizing slavery and religious freedom in that State, and two sections of law in their statute prohibiting, under a penalty, free people of color from settling there. With this publication the editor remarked that he printed it so that free people of color might not go there to reside.

Now, behold ! how great a fire a little spark kindleth ! This was the little spark. Under the rules of the freedom of speech and of the press, the publication was perfectly innocent, still it kin- dled a flame that is not yet extinguished. In a short time after this, news reached us in Vermont that a mob arose there which drove our people from Jackson County to Clay County, in that State. This aroused our people in Kirtland and other eastern places; and they determined to go to Jack- son County. A camp was organized and news sent cast of its organization.

In the winter of 1833-4 I taught school in Vermont; during the winter I also converted what little property I had there into money, bought me a span of good horses and a good wagon, for those days, took my wife and one of her sisters and my brother Willard, and on the 10th of April, 1834, left that place to join this company. My brother-in-law, Jacob Gates, and my sister, his wife, went with us, he furnishing his own team. We, without accident, proceeded to Kirtland, a distance of more than seven hundred miles. The whole distance the roads were muddy and very poor. We arrived in May, a day or two after the camp started. I then in one day provided for my wife and her sister till I returned. With my brother Willard and my brother-in-law Jacob Gates and his wife, I then started for the camp, which we overtook on Saturday evening. Monday morning I

was elected commissary, and, with my team, entered upon its duties. This brought me into a po- sition which required acquaintance with the route and the inhabitants along the route. I had no difficulty with the inhabitants, nor any very great difficulty in procuring supplies. I found no pro- fanity among the people on the route. In Missouri this was very great. The doings of this camp has become a matter of history with us, so I omit comments, except one or two incidents.

On arriving at Richmond, in Ray County, I went ahead with my team and teamster into Rich- mond. I called at a provision store to buy supplies ; the owner of the store was there with some four or five others. I sought to buy Irom him, but he refused to sell to me, assigning as a reason that we were there on unlawful business. To this I called his attention to the proceedings in Jack- son County, and to the fact that we were citizens of the United States, under the protection of the Constitution of the United States, and entitled to freedom of speech and of the press; and added that it seemed to me these all had been disregarded. A good looking man sat by and heard my remarks. He said, " Mr. Snow,"-how he learned my name was Snow I know not-" all our con- stitutions, all our States, all of the decisions of the Courts, are a mass of inert matter, only as the minds of the people give them life and force." My request to purchase provisions was candid; the answer of the merchant to me was candid; my answer back was candid; the remark of the other man to me was candid-all was candid. No threat from any one. But that gentleman's re- mark to me made a deep impression on my mind. It has remained there from that day to this I candidly left the store, and in less than twenty minutes made my purchases, and soon my loaded team was on its way to camp.

The other incident is some sixty or seventy members of our camp had the cholera, among whom was my brother Willard. On the cholera beginning, it came vividly into my mind my own condition and that of my dear wife in Kirtland with the further thought, you have laid your life,

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· your fortune and your sacred all in the truth of your religion ; you must not shrink now; tend to the sick. This injunction I obeyed. At this time all fear on my part was banished. I visited, in about fifteen days, some sixty or sixty-five persons who had the cholera, and with my own hands help to bury several.

During this time an interview was held with some of the most honorable men in Clay County. and the members of the camp concluded to return except a few who had their families with them. I determined to return: saw Joseph, the Prophet. Frederick G. Williams, the secretary, who kept the accounts with me as commissary, suggested a settlement of these accounts and received for an answer that my accounts were all settled. My company home consisted of about eight persons and two teams, my team being one of them. Mr. J. K. Noble, now of Davis County, Mr. Lyman E. Johnson and Mr. Luke Johnson were in the company. We left Clay County, Missouri, early in July, and arrived in Kirtland in August, my team still good.

When I arrived in Kirtland I found my wife and her sister and our friends generally very anxious, yet calm and candid. I also found a man who lived about eighty miles from Toronto, Canada West, who through the preaching of Amasa Lyman and myself in the spring of 1833, in New York, learned concerning the dispensation of the fulness of times. This man solicited me to me to go to Canada. I consented. and in less than ten days myself and wife were on Lake Erie en route for that place. I remained there till the latter part of March, 1835.

On this mission 1 was reasonably successful. On my leaving the Church there, each member shook hands with me and each one left in my hand a little money. We arrived at Kirtland about the middle of April. At this time we found the Twelve Apostles and the seven presidents of the seventies had been selected and confirmed in their appointments. Nearly all of whom were those who were in Zion's Camp. I was ordained in the first quorum of seventies ; there: was some acci- dent in this as this quorum was selected from the elders ; I had before been ordained to the high priesthood.

The same spring I again went east through Pennsylvania and New York into Canada West. I remained near Kingston, a few months then returned to Kirtland by way of Kingston, Toronto and the lakes, and arrived in the fall of 1835. Here I remained till the fall of 1836. 1 was at the dedication of the Kirtland Temple. During this year I taught school, a part of the time studied the Hebraic and Chaldean Languages. I also entered into business. In a little more than three months I learned the Hebrew and Chaldean languages so that I could translate either into English quite readily. Our Hebrew class was not large ; among the members were Joseph, the Prophet, Oliver Cowdery and Horace Whitney.

Owing to an inflated currency and other causes, speculation had existed in the United States for several years. In 1836 this speculation reached us in Kirtland. Many members of the Church, myself among the number, partook of it. The Kirtland bank was started, but soon failed.

About this time I went south twenty-five miles as a clerk in a store owned by Lyman E. Jchn- son and John Boyington. Afterward I purchased their stock and entered business as a merchant. In the month of May, 1837, nearly every bank in the United States suspended specie payment. There was a large amount of counterfeit money in circulation, and the bills of many banks which had no existence. I was in debt. Here I learned to keep my own secrets as to money matters, but determined to pay my just debts if it took my clothing. It took me about two years and a half to collect the moncy due me and pay my debts, but I succeeded and paid every dollar I owed. During this time I studied law two years and taught school eleven months.

In October, 1839, I was admitted to the bar in the Supreme Court of Ohio. For reasons not fully understood by me, I then thought, and still think, God gave me favor in the eyes of the people there residing. Nearly every person with whom I had become acquainted in that part of the State treated me well, and this though they knew I was a Mormon. When I was admitted to the bar I intended, if our people found a resting place, to go to them and do as I had done before-risk my life, my fortune, and my sacred all with them.

Here I retrace my steps. In the spring of 1837 our people in Kirtland left en masse and went to Clay County, Missouri. At this place, by a mutual understanding between themselves an:] the people there they went and settled in Far West. On the 4th of July, 1838, they celebrated at Far West the Independence of the United States. Sidney Rigdon delivered an oration. In this ora- tion remarks were made at which offense was taken by designing persons. These fanned the flame which the little spark had kindled. Every wind caused the flame to increase until our people were driven from Far West, Missouri, to Nauvoo, Illinois. They left in the fall of 1838, and settled in Nauvoo early in 1839. From this you will see that when I was admitted so the bar in Ohio there

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was yet no resting place for our people. I, from 1839 till September, 1850, practiced in the courts of common pleas, as they were then called, in the counties of Portage, Summit, Stark, and other adjoining counties, and in the Supreme Court of the State. My practice was confined to civil business, equity cases, and cases in settling accounts of guardians and administrators of estates of deceased persons. For six years I was what was then called a commissioner in chancery. To this I was appointed by the court of chancery and acted under its direction analogous to our referees. During this practice I became acquainted with many of the judges of the Supreme Court, and with some of the members of Congress from that Statc.

In the spring of 1841, my wife, Susan S., was delivered of a daughter to whom she gave the name of Susan L. She is now the wife of Orson Pratt, jun., of this city. From this sickness my wife did not recover ; she was buried on the 29th day of March 1841, my birthday. There was not a relative of hers or of mine within eight hundred miles of us. I was the only mourner to fol- low her to her grave. I had then my darling daughter to rear, a motherless child.

In a reasonable time after the death of my first wife I again married. Her name was Mary Augusta Hawkins; her parents' names were Jessie G. and Sally C. Hawkins. This wife has borne me four daughter, three of whom are now living, and four sons. The day this marriage was solemnized I was taken sick, which continued for about six weeks, at least three of which my recovery was deemed nearly hopeless. The kindness received by me from the inhabitants there residing during these several sicknesses knit my heart to them most tenderly. I never forgot it.

In the fall of 1850, the Organic act of Utah was passed by Congress, and I seeing this, applied for the judgeship here. In the application I stated to President Fillmore that I was a Mormon and for my legal attainments I referred him to our representative in Congress. Judge Carter was there so was the Hon. John M Bernhisel and the Hon. A. W. Babbitt. I got the appointment under President Millard Fillmore. My commission is dated September 30th, 1850. This was sent me to Ohio late this fall; I could not come here till the next spring. I left there March 25th, 1851, and arrived in Utah July 19, being a little less than four months on the road. Of this time I was sixty- three days coming from Omaha to Salt Lake. There was here that season a celebration of the 24th of July, the Pioneer day I attended it and took dinner with his Excellency Brigham Young at his residence.

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History of Salt Lake City, Part 147

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