History of Salt Lake City, Part 30

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

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It was a sad spectacle to see a community of earnest religionists who could not trust in the parent power, even after the proclamation of the President. But the history of the Mormons in their minds to this hour shows a constant justifica- tion of this lack of confidence.

On the 13th of June, the army commenced its movement towards the city ; and, on the morning of the 26th, it might have been seen advancing from the mouth of Emigration Canyon to make what once was expected to have been a triumphal entrance into conquered Zion, with all " the pomp and circumstance

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of glorious war." Here is a picture of it as it was, from the pen of an army correspondent :

" It was one of the most extraordinary scenes that have occurred in Ameri can history. All day long, from dawn until after sunset, the troops and trains poured through the city, the utter silence of the streets being broken only by the music of the military bands, the monotonous tramp of the regiments, and the rattle of the baggage wagons. Early in the morning, the Mormon guards had forced all their fellow religionists into the houses, and ordered them not to make their appearance during the day. The numerous flags that had been flying from staffs on the public buildings during the previous week were all struck. The only visible groups of spectators were on the corners near Brigham Young's residence, and consisted almost entirely of Gentile civilians. The stillness was so profound that during the intervals between the passage of the columns, the monotonous gurgle of the City Creek struck on every ear. The Commissioners rode with the General's staff. The troops crossed the Jordan and encamped two miles from the city, on a dusty meadow by the river bank."

But the army correspondent did not properly construe the death-like stillness and desertion of the city, when he says the Mormon guard had " forced all their fellow religionists into their houses." They were not in their houses, but in the second exodus. It is estimated that there were no less than 30,000 of the Mormon people from the city and northern settlements in " the move south." They took with them their flocks and herds, their chattels and furniture. When that army marched through the streets of Zion, grass was growing on the side walks, and there were only a few of " the boys" left on the watch in the city, to see that the people were not betrayed. Some of the officers were deeply moved by the scene and the circumstances. Lieutenant Colonel Philip St. George Cooke, who had commanded the Mormon battalion in the Mexican war, rode through the city with uncovered head, leading the troops, but forgetting not his respect for the brave Mormon soldiers who had so nobly served with him in their country's cause.

Cedar Valley, forty miles west of the city, was chosen as their permanent camping place, which was named Camp Floyd, in honor of the then Secretary of War.

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CHAPTER XXV.

GOVERNOR CUMMING PLEADS WITH THE SAINTS. THEY RETURN TO THEIR HOMES. THE JUDGES. CRADLEBAUGH'S COURT. HE CALLS FOR TROOPS. PROVO CITY INVADED BY THE ARMY. CONSPIRACY TO ARREST BRIG- HAM YOUNG. GOVERNOR CUMMING ORDERS OUT THE UTAH MILITIA TO REPEL INVASION. TIMELY ARRIVAL OF A DISPATCH FROM GOVERN- MENT STAYS THE CONFLICT, ATTORNEY-GENERAL BLACK'S REBUKE TO THE JUDGES. GENERAL JOHNSTON'S FRIENDS DEMAND THE REMOVAL OF GOVERNOR CUMMING. THE SITUATION RECOVERED BY THE PATRI- OTISM OF THOMAS L. KANE, DIVISION IN THE CABINET. PARALLEL OF THE BLAINE REMINISCENCE OF JERE S. BLACK.

Return we now to the Saints in their flight. It had taxed their faith and their means to an absolute consecration of their all, and called forth as much re- ligious heroism as did their first exodus from Nauvoo. Gallant old Governor Cumming was almost distracted over this Mormon episode. He was not used to the self-sacrifices and devotion of the peculiar people whom he had taken under his official guardianship. They were more familiar than he with this part of their eventful drama. Familiarity had bred in them a kind of contempt for their own sufferings and privations. So they witnessed their new Governor's concern for them with a stoical humor. They were, indeed, grateful, but amused. They could not feel to deserve his pity, yet were they thankful for his sympathy. They sang psalms by the wayside. He felt like strewing their path with tears. He followed them fifty miles south, praying them, as would a father his wayward children, to turn back. But the father whom they knew better was leading them on.

"There is no longer danger. General Johnston and the army will keep faith with the Mormons. Every one concerned in this happy settlement will hold sacred the amnesty and pardon of the President of the United States ! By G-d, sirs, Yes."

Such was the style of Governor Cumming's pleadings with the " misguided " Mormons. But Brigham replied with a quiet fixedness of purpose :

" We know all about it, Governor. We remember the martyrdoms of the past ! We have, on just such occasions, seen our disarmed men hewn down in cold blood, our virgin daughters violated, our wives ravished to death before our eyes. We know all about it, Governor Cumming."

It was a terrible logic that thus met the brave meditation of the fine old Georgian successor of Governor Young, who coupled patriotism with humanity, and believed in the primitive faith that American citizens and American homes must be held sacred. 1

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Brigham Young alone could turn the tidal wave, and lead back the Mormon people to their homes. Had he continued onward to Sonora, Central America, anywhere-to the ends of the earth-this people would have followed him.

The Mormon leaders, with the body of the Church, were at Provo on the evening of the 4th of July ; General Johnston and his army being about to take up their quarters at Camp Floyd. It was on that evening that Governor Cum- ming informed his predecessor that he should publish a proclamation to the Mor- mons for their return to their homes.

" Do as you please, Governor Cumming," replied Brigham, with a quiet smile. "To-morrow I shall get upon the tongue of iny wagon, and tell the people that I am going home, and they can do as they please."

On the morning of the 5th, Brigham announced to the people that he was going to start for Salt Lake City; they were at liberty to follow him to their various settlements, as they pleased. In a few hours nearly all were on their homeward march.

But scarcely had the people returned to their homes, ere they had abundant proof how much they could have trusted a united Federal power, in an anti-Mor- mon crusade, with an army at its service to subvert the civil and religious liberties of the people.

The machinery of the Federal power was soon set in motion. Chief Justice Eckles took up his quarters at Camp Floyd; Associate Justice Sinclair was as- signed to the district embracing Salt Lake City; and Associate Justice Cradle- baugh was assigned to the judicial supervision of all the southern settlements ; and Superintendent of Indian Affairs, Jacob Forney, and Alexander Wilson, U. S. District Attorney, entered upon the discharge of their duties.

The Governor from the beginning assumed a pacific attitude, in which he was seconded by Superintendent Forney and District-Attorney Wilson. But the three Judges, in concert with the Marshal, united in the prosecution of past offences that had naturally arisen out of the condition of the hostility, just brought to a happy and peaceful issue.

Judge Sinclair convened the First, now the Third Judicial District Court in Great Salt Lake City in November, 1858, and in his charge to the Grand Jury he urged the prosecution of the leading men of the Territory for treason, for intimi- dation of the courts, and for polygamy. President Buchanan's pardon, the Judge admitted, was "a public fact in the history of the country," but "like any other deed, it ought to be brought judicially by plea, motion or otherwise." In fine, Judge Sinclair wanted to bring before his court ex-Governor Young, Lieut .- General Daniel H. Wells, and the leading Mormons generally, especially the Apostles, "to make them admit that they had been guilty of treason, and make them humbly accept from him the President's clemency." So explains Mr. Stenhouse. But it was something more radical and serious than a vainglorious effort to humble Utah to the footstool of a Federal Judge. It was an attempt to reopen in the courts the entire conflict which had so nearly come to the issue of war. U. S. District Attorney Wilson, however, would not present to the jury bills of indictment for treason, pleading that the Commissioners had presented

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the pardon, and the people had accepted it, and the Governor had proclaimed that peace was restored to the Territory.

" But the young Judge," relates Mr. Stenhouse, " was more successful in his efforts to bring forward the charge of intimidating the courts. It could not be expected that the charge to the jury on polygamy would secure much attention. It was regarded little better than a grand farce to ask a Mormon jury to find indictments against their brethren for polygamy. The term of Judge Sinclair's judicial service was a failure, only memorable for one thing-he sentenced the first white man who was ever hanged in Utah, and he was a Gentile, to be executed on a Sunday! Of course, the day had to be changed."

But the most extraordinary judicial action, and that which continues the historical thread of those times, was in the important district assigned to Judge Cradlebaugh. The criminal cases which he sought to investigate were those com - monly known as the Potter and Parrish murders at Springville, and the Mountain Meadows Massacre in Southern Utah. On the 8th of March, 1859, at Provo, Judge Cradlebaugh delivered an extraordinary address to the Grand Jury, and commenced extraordinary proceedings, which in their sequel nearly made Salt Lake City the seat of actual war between Johnston's troops and the Utah militia under Governor Cumming, and which was barely prevented by the timely inter- ference of the General Government. The history of Salt Lake City, however, cannot follow in detail the entire history of Utah, only so far as its subject and action find therein its proper centre of unity. Suffice here to mark that Judge Cradlebaugh in his investigations and prosecutions aimed chiefly to implicate the leaders of the Mormon Church in all the criminal offenses and deeds of violence done within the Territory. In summing up the evidence in the case of the murders at Springville, the Judge concluded with the following address :

"Until I commenced the examination of the testimony in this case, I always supposed that I lived in a land of civil and religious liberty, in which we were secured by the Constitution of our country the right to remove at pleasure from one portion of our domain to another, and also that we enjoyed the privilege of worshipping God according to the dictates of our own conscience. But I re- gret to say, that the evidence in this case clearly proves that, so far as Utah is concerned, I have been mistaken in such supposition. Men are murdered here : coolly, deliberately, premediatatedly murdered-their murder is deliberated and determined upon by the church council-meetings, and that, too, for no other reason than that they had apostatized from your church, and were striving to leave the Territory.

" You are the tools, the dupes, the instruments of a tyrannical church des- potism. The heads of your church order and direct you. You are taught to obey their orders and commit these horrid murders. Deprived of your liberty you have lost your manhood, and become the willing instruments of bad men.

" I say to you it will be my earnest effort, while with you, to knock off your ecclesiastical shackles and set you free."

It is easily to be seen that with such a grand jury, charged in this manner by such a judge, it was impossible to accomplish the ends of justice ;- equally im-

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possible whether they had been "the willing instruments" of a "tyrannical church," or a grand jury of honest, innocent men.

In the course of one of these prosecutions, Judge Cradlebaugh made a requi- sition upon General Johnston for troops to act as protection to certain witnesses, and also, in the absence of a jail, to serve as a guard over the prisoners. The mayor of Provo (Kimball Bullock) protested that the presence of the military was an infringement upon the liberties of his fellow-citizens; but the judge answered that he had well considered the request before he had made it. A pe- tition was sent to Governor Cumming, and he asked General Johnston to with- draw the troops, asserting that the court had no authority to call for the aid of the military, except through him. The judges interpreted General Johnston's in- structions from the War Department adversely to the statement of the Governor, and the troops were continued at Provo. On the 27th of March (1859), the Governor issued a proclamation protesting against the continuance of the troops at Provo, taking open ground against the action of the military commander.

About this time was concocted a conspiracy to arrest Brigham Young. It was proposed that a writ be issued for his apprehension. The officers entrusted with its execution presented themselves at the Governor's office, to request his co-operation. But Governor Cumming stoutly resisted the attempted outrage. He himself afterwards thus related this conspiracy to arrest his predecessor :

" They had 'got the dead wood on Brigham Young this time,' so they said, as they unfolded to me their plans. If Brigham resisted, General Johnston's artillery was to make a breach in the wall surrounding his premises, and they would take him by force and carry him to Camp Floyd.

"I listened to them, sir, as gravely as I could, and examined their papers. They rubbed their hands and were jubilant ; they ' had got the dead wood on Brigham Young !' I was indignant, sir, and told them, 'by G-d, gentlemen, you can't do it ! When you have a right to take Brigham Young, gentlemen, you shall have him without creeping through walls. You shall enter through his door with heads erect as become representatives of your government. But till that time, gentlemen, you can't touch Brigham Young while I live, by G-d !'''

"Such was the story," says Stenhouse, "told by the Governor to the author a few years later, and as he related it all the fire of his nature was depicted on his countenance and told unmistakably that he would have made good every word with his life."

The officers returned to Camp Floyd discomfited, and immediately the news was circulated that General Johnston would send two regiments of troops and a battery of artillery to enforce the writ for the apprehension of Brigham.

The New York Herald of date May 25, 1859, gave to the country a graphic picture of affairs in Utah at that moment :

OUR SALT LAKE CITY CORRESPONDENCE. "GREAT SALT LAKE CITY, U. T., April 23, 1859.

"In my last letter I informed you of the threat of Judge Sinclair that he would hold court in this city during May, with three-fourths of the army now at

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Camp Floyd, quartered in Union Square, ready to carry out his orders. The apprehension of a collision which that threat inspired measurably died away in the bosoms of the people generally, and the youthful judge was beginning to get credit for idle braggadocia, and his tongue was regarded as having only divulged what was in his heart to do, if he only could get the chance; but, alas! the day after the departure of the last mail from here, rumors of his intentions were in circulation at Camp Floyd, which leaves us no reason to doubt that his threat was no idle boast, but is in reality the fixed determination of his heart, to lead to a collision between the citizens and the troops. Of this Governor Cumming is ap- parently fully convinced, as also the other officials outside of the judicial clique. By the departure of the next mail, plans will be better developed, if not even then carried into execution, or at least attempted ; and should you then hear of the eagerly-sought-for collision having taken place, it can be witnessed that we have not sought it, but that it is the deep-laid scheme of sutlers, degraded judges, and disappointed officers of our great republican army, for the sake of perishable gold, gratification of personal revenge, and the empty glory of swords to be crimsoned with the blood of fellow citizens, who so love the liberty bequeathed to them by illustrious sires that they will fight for its maintenance, though their homes should be made desolate and their wives and children left without protectors in the land of freemen's inheritance.

" An express from Camp Floyd arrived here on Sunday night with the intelli- gence that two regiments were coming to the city to make arrests, and it was ex- pected that they would have orders for forced marches, to come in upon us un- awares. Immediately on Governor Cumming being made acquainted with the re. port and circumstances, which leave no room to doubt of the plans of the judges, he notified General D. H. Wells to hold the militia in readiness to act on orders. By two o'clock on Monday morning five thousand men were under arms. Had the United States' troops attempted to enter the city, the struggle must have com- menced, for the Governor is determined to carry out his instructions. What has deferred their arrival here we know not; but now that this plan is known, a watchful eye is kept on the camp, and the shedding of blood seems inevitable. We have confidence in the overruling care of our heavenly Father ; and what" ever does take place, will eventually turn out for good.

" Major - told me yesterday that General Johnston was resolved to carry out his orders, and he affirms that they are to use the military on the requisition of the judges, and not on the requisition of the Governor only. I have just learned that 500 soldiers were on the march to Sanpete settlement to arrest per- sons there whom the judges are seeking after. The judicial-military-inquisitorial farce played at Provo satisfies everybody that it is not violated justice that seeks redress, but the madness of men drunken with whisky and vengeance, that seek satiety in blood. There is not an official in any settlement outside this city but what expects to be handled as were those at Provo; and the only safety they have from judicial vengeance-not personal, but vengeance against the community -- is in flight to the mountains. In the south, where the weather has been excel- lent for early agricultural operations this spring, the fields have been left unculti- vated, and the seed that should be fructifying in the soil is still lying in the barn,

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the end of which must be famine; for unless the Governor has power to restrain the judges from calling the military to act as a posse comitatus, no man of any influence will trust himself at home. We fear no judge of the United States. The Supreme Judge of all we fear, and in His fear we live, and earthly tribunals have no terror for us: but the insolence of men like Cradlebaugh and Sinclair and the despotism of their military aids drive the iron to our souls. The very latest news now in circulation in the city is that the judges have hired the Indians to scour the mountains in search of the persons that the Marshal and military have been unable to discover at home. What next? Shall a price be offered the red men of the forest for the scalps of our citizens? Oh, my God ! what shall we be driven to? My heart sickens at the outrages to which we have been subjected, and I dread the future. Nothing shall be done on our part to hasten hostilities ; but if it is impossible to avoid them, the responsibility is theirs.

" Governor Cumming has no disposition, nor has this community any, to screen any man or men from the punishment due for any crime or misdemeanor they may be accused of; but he will not suffer military terrorism to reign in the Territory over which he is Governor, and we are to a man ready to sustain him. We appeal to the American nation, and ask any man whose soul is not absorbed with the acquisition of perishable pelf only, what can we do more than we have done to preserve peace? and what course is open to us but to defend our rights as citizens of the Union ?"

Happily at this juncture an official letter from Washington decided that the military could only be used as a posse on a call from the Governor. This com- munication from the U. S. Attorney-General is a valuable historical review of Utah affairs at that juncture, by the U. S. Government itself:

"ATTORNEY-GENERAL'S OFFICE, May 17, 1859.

"GENTLEMEN-The President has received your joint letter on the subject of the military force with which the Court for the Second District of Utah was attended during the term recently held at Provo City. He has carefully con- sidered it, as well as all other advices relating to the same affair, and he has directed me to give you his answer.

"The condition of things in Utah made it extremely desirable that the Judges appointed for that Territory should confine themselves strictly within their own official sphere. The Government had a district attorney, who was charged with the duties of a public accuser, and a marshal, who was responsible for the arrest and safe-keeping of criminals. For the judges there was nothing left except to hear patiently the causes brought before them, and to determine them impartially according to the evidence adduced on both sides. It did not seem either right or necessary to instruct you that these were to be the limits of your interference with the public affairs of the Territory ; for the Executive never dictates to the Judicial department. The President is responsible only for the appointment of proper men. You were selected from a very large number of other persons who were willing to be employed on the same service, and the choice was grounded solely on your high character for learning, sound judgment, and integrity. It

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was natural, therefore, that the President should look upon the proceedings at Provo with a sincere desire to find you in all things blameless.

" It seems that on the 6th of March last, Judge Cradlebaugh announced to the commanding officer of the military forces that on the 8th day of the same month he would begin a term of the District Court at Provo, and required a military guard for certain prisoners, to the number of six or eight, who were then in custody, and would be triable at Provo. The requisition mentions it as a probable fact that 'a large band of organized thieves' would be arrested ; but the troops were asked for without reference to them. Promptly responding to this call the commanding-general sent up a company of infantry, who encamped at the Court House, and soon afterwards ten more companies made their appear- ance in sight, and remained there during the whole term of the court. In the meantime, the Governor of the Territory, hearing of this military demonstration upon a town previously supposed to be altogether peaceful, appeared on the ground, made inquiries, and, seeing no necessity for the troops, but believing, on the contrary, that their presence was calculated to do harm, he requested them to be removed. The request was wholly disregarded.

" The Governor is the supreme Executive of the Territory. He is respon- sible for the public peace. From the general law of the land, the nature of his office, and the instructions he received from the State Department, it ought to have been understood that he alone had power to issue a requisition for the move- ment of troops from one part of the Territory to another,-that he alone could put the military forces of the Union and the people of the Territory into rela- tions of general hostility with one another. The instructions given to the Com- manding-General by the War Department are to the same effect. In that paper a ' requisition' is not spoken of as a thing which anybody except the Governor can make. It is true that in one clause the General is told that if the Governor, the judges, or the marshal shall find it necessary to summon directly a part of the troops to aid either in the performance of his duty, he (the General) is to see the summons promptly obeyed. This was manifestly intended to furnish the means of repelling an opposition which might be too strong for the civil posse, and too sudden to admit of a formal requisition by the governor upon the military com- mander. An officer finds himself resisted in the discharge of his duty, and he calls to his aid first the citizens, and, if they are not sufficient, the soldiers. This would be directly summoning a part of the troops. A direct summons and a requisition are not convertible terms. The former signifies a mere verbal call upon either civilians or military men for force enough to put down a present opposition to a certain officer in the performance of a particular duty; and the call is to be always made by the officer who is himself opposed upon those per- sons who are with their own hands to furnish the aid. A requisition, on the other hand, is a solemn demand in writing made by the supreme civil magistrate upon the commander-in-chief of the military forces for the whole or part of the army to be used in a specified service. In a Territory like Utah, the person who exercises this last-mentioned power can make war and peace when he pleases, and holds in his hands the issues of life and death for thousands. Surely it was not intended to clothe each one of the judges, as well as the marshal and all his

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History of Salt Lake City, Part 30

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