History of Salt Lake City, Part 42

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

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HISTORY OF SALT LAKE CITY.

Hans Peterson, Peter Peterson, John Peter Sorensen, Neils Larsen, Neils Ander- sen, Michael Christen Christiansen, Gens Paulsen, Neils Peterson, Lars Christen Larsen, Hans Aggerson, John G. Looselary, Lebrecht Barr, John Neilsen, Nels Rasmussen Beck, Christen Jensen, Peter Swenson, Neils Magnus Jorensen, Ras- mus Rasmussen, James Peterson, Lars Olsen, Gens Christian Senensen, Hans Peter Smith, Andres Anderson, Andres Christopherson, Hans Hanson, Ole Rosen- blade, and Peter Sorenson were convicted of the charge of resisting an officer in the service of process, and sentenced each to pay a fine of one hundred dollars.

"Now know ye, that I, Stephen S. Harding, Governor of the Territory of Utah, divers good causes me thereto moving, by virtue of the power and authority in me vested have given and granted, and by these presents do give and grant unto the said Richard Cook, etc., etc., (all of the aforementioned, ) and to each of them full and perfect pardon for the offence of which they stand con- victed, and they are, and each one of them is, hereby forever exonerated, dis- charged and absolved from the fine, costs and charges imposed upon them, or either of them, in pursuance of said conviction.

"In testimony whereof I have hereunto set my hand, and caused the [L.S.] Great Seal of the Territory of Utah to be affixed at Great Salt Lake City this 31st day of March, A. D. 1863.

STE. S. HARDING,

Gov. Utah Territory.

"' By the Governor :

FRANK FULLER, Secretary."

Of the relative merit or demerit of the action of the United States and Ter- ritorial authorities concerned in the Morrisite affair the historian does not presume to touch, further than to present the record itself and its significance. The Chief Justice and the Grand Jury considered the law outraged, as set forth in the fol- lowing presentment of Governor Harding for judicial censure and the very plain passage of censure by the Chief Justice in court :

" We trust the court will pardon the Grand Jury tor briefly referring to the facts connected with the arrest and trial of the men the Governor has seen proper, in such hot haste, to pardon and turn loose upon the community.

" They are as follows: On the 22d day of May, A. D. 1862, a petition was filed before Hon. John F. Kinney, the Judge of the Third Judicial District, for a writ of habeas corpus, alleging that three men were unlawfully imprisoned at South Weber, in Davis County, and kept in close confinement, heavily ironed, without any process or authority of law. It may be well to state that, at the place men- tioned in the petition, a body of some two hundred men with their families had congregated in what is known as Kington Fort, and for more than a year had re. mained without cultivating the soil or following any industrial pursuit. What little property they had was owned in common, and this from time to time was disposed of to procure the bare necessaries of life.

" At this place and by these men were the prisoners confined (mentioned in the petition for the writ of habeas corpus). The writ was issued and served upon those who had the prisoners in custody, on the 24th day of May. No atten-

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tion was paid to it by defendants. The authority of the court was openly contemned and placed at defiance. Judge Kinney, after waiting for the de- fendants to produce the prisoners from the 24th day of May till the 11th day of June (some eighteen days) issued, upon another affidavit, a writ for false imprisonment, another writ of habeas corpus, and a writ for contempt for disobedience to the first writ. These writs were placed in the hands of the Territorial marshal, who, being well advised that armed resistance would be made to the service of any process in said fort, called upon Acting-Governor Fuller, who furnished the officer with a military posse to enable him to execute the mandates of the court. On the morning of the 13th day of June, the mar- shal with his posse arrived near the fort and sent the following proclamation under a flag, which was received and read by Banks and others, the parties named in said writs, and to whom said proclamation was directed:

" ' HEADQUARTERS MARSHAL'S POSSE, WEBER RIVER, June 13, 1862.

"' To Joseph Morris, John Banks, Richard Cook, John Parsons and Peter Klemgard :

" ' Whereas, you have heretofore disregarded and defied the judicial officers and the laws of the Territory of Utah; and whereas, certain writs have been issued for you from the Third Judicial District Court of said Territory, and a sufficient force furnished by the Executive of the same to enforce the law : This is therefore to notify you to peaceably and quietly surrender yourselves and the prisoners in your custody forthwith.

"' An answer is required in thirty minutes after the receipt of this document ; if not, forcible measures will be taken for your arrest.

"""'Should you disregard this proposition and place your lives in jeopardy, you are hereby required to remove your women and children; and all persons peaceably disposed are hereby notified to forthwith leave your encampment, and are informed by this proclamation that they can find protection with this posse.

H. W. LAWRENCE, Territorial Marshal.

""'Per R. T. BURTON and THEODORE MCKEAN, Deputies.'"

" This was unheeded and disregarded. Additional time was given after the expiration of the thirty minutes for the delivery of the persons called for by the writ ; still no attention was paid to the demands of the officer. At length fire was opened and for three days, almost continuously, did the belligerents within the fort keep up a fire on the marshal and his posse, killing on the first day a man by the name of Jared Smith, and on the third day another man attached to the marshal's posse. On the evening of the 15th the rebellion was subdued by the surrender of the men, and one hundred stand of arms. Parties on both sides had been killed in consequence of the defiant position taken against the enforcement of the law, and in defending the position thus unlawfully assumed by more than one hundred well armed men.

" The disloyal men thus found in arms, fighting against the service of pro- cess, were taken prisoners, taken before Judge Kinney, in chambers, who admitted

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all but two to bail for their appearance at the next March term of the court- said two being committed to await their trial for murder. At the recent sitting of the Territorial Court, Judge Kinney presiding, some ninety or more were indicted under the statute for resisting an officer, and ten of the principle men for the murder of Jared Smith, who was shot dead on the first day of the resistance. Sixty-six appeared and were tried for resisting the officer, the others having left the country. After a long, patient and entirely satisfactory trial to the defendants, the jury assessed a fine of one hundred dollars against each of them-the lowest sum allowed by the statute and when the law authorized them to fine not exceeding one thousand dollars and imprisonment not exceeding one year. The least pun- ishment allowed by the statute was meted out to the prisoners, and that, too, when the testimony of their guilt was overwhelming. Of the ten indicted for murder, one was nolled, two acquitted and seven convicted of murder in the second degree. The punishment for murder in the second degree is imprisonment not less than ten years and may be during natural life ; still the jury actuated by feelings of humanity and mercy, affixed the punishment of five of the prisoners to imprison- ment for the period of ten years each, one for twelve and one for fifteen years. * * * .*

"But, the Governor, clothed with the pardoning power, interposes to prevent the punishment due to rebels against the law. He sanctions and sustains their rebellion and, by pardoning them, proclaims to the world that they have acted rightly, wisely and lawfully. No time is allowed for investigation, none for re- pentance or reformation ; but in less than three days from the time of the sentence of the court, are all of them pardoned by the Executive, to renew their armed resistance against the power of the Government-a pardon which not only seeks to release them from fine and punishment, but the costs due to the officers and witnesses. * * * *

" Therefore, we the United States Grand Jury for the Third Judicial Dis- trict for the Territory of Utah, present his ' Excellency' Stephen S. Harding, Governor of Utah, as we would an unsafe bridge over a dangerous stream-jeop- ardizing the lives of all who pass over it, or, as we would a pestiferous cesspool in our district, breeding disease and death.

" Believing him to be an officer dangerous to the peace and prosperity of this Territory; refusing, as he has, his assent to wholesome and needed legisla- tion ; treating nearly all the Legislative acts with contumely ; and last of all, as the crowning triumph of his inglorious career, turning loose upon the community a large number of convicted criminals.

" We cannot do less than present his Excellency as not only a dangerous man, but also as one unworthy the confidence and respect of a free and enlightened people.

" All of which is respectfully submitted.

"George A. Smith, Franklin D. Richards, Elias Smith, William S. Muir, Samuel F. Atwood, Philip Margetts, John Rowberry, Claudius V. Spencer, Chas. J. Thomas, John W. Myers, Alfred Cordon, George W. Ward, Horace Gibbs, Lewis A. West, Leonard G. Rice, Isaac Brockbank, George W. Bryan, James Bond, John B. Kelley, Gustavus Williams, Wells Smith, John D. T. McAllister, Andrew Cunningham.

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His Honor directed, that in accordance with the request, they be spread upon the records of the court.

The foreman of the Grand Jury then stated that they had concluded their labors, and had no further business before them, whereupon the Judge addressed them as follows :

" Gentlemen of the Grand Jury :

" The paper just read by the clerk, is one of great responsibilty, presenting the Governor of this Territory as unworthy the confidence and respect of the people.

" I trust you have fully considered the importance of the step which you as a Grand Jury have felt called upon, under the oaths of your office, to take.

" I am well persuaded that in no spirit of malice or undue prejudice have you been induced to call the attention of the Court and people to what you regard as the official misconduct of the Executive, but only as the deliberate result of your investigations for the public good.

" I am perfectly familiar with the facts referred to by you in relation to the armed resistance to the law in the service of process. Upon affidavit made be- fore me were the writs issued, the service of which was attempted to be resisted by an armed rebellion.

" The trial of men thus found in arms very recently took place in the Court over which I have the honor to preside, and the trial, as you state, was conducted with deliberation, and the verdict of the jury in each of the cases for resisting the officer aud for murder were such as met with the approval of the court.

"The law and its authority were fully vindicated by the verdicts, but, as you state, the Governor has granted an unconditional pardon.

" What effect this may have upon the minds of evil disposed persons I know not, but leave the responsibility where it belongs, with the Governor, who, in the exercise of a naked power, has seen proper to grant executive clemency.

" You have now, as you state, concluded your labors and before discharging you I desire to tender to you the commendations of the Court for your attention and diligence in the discharge of your duties.

" Your labors have resulted in the presentation of a number of indictments for crime-some of the prisoners charged by you having been tried and con- victed, and others are awaiting their trial.

" It is only by a grand jury discharging their duty faithfully and fearlessly that crime can be suppressed, and offenders punished, for all persons must pass the ordeal of your body, before they can be introduced by the Government into this Court for trial and punishment.

" It is possible, and highly probable, that this is the last court over which I shall have the honor to preside in your Territory. Such are the indications. I have been the Chief Justice of the Supreme Court of Utah, and Judge of this district most of the time since 1854-having come among you a stranger, but I was treated with kindness, and my authority with consideration and respect.

" Appointed by Mr. Pierce in 1853, and reappointed in 1860 by Mr. Bu- chanan, and continued in office by Mr. Lincoln, and having held many courts,

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tried many cases, both civil and criminal, of an important character, I am happy in being able to state that I have found no difficulty in Utah in administering the law, except where its administration has been thwarted by Executive interference.

" Let honesty, impartiality and ability be the characteristic qualifications of the Judge, and a fearless discharge of duty, and he will be as much respected in this Territory, and his decisions as much honored, as in any State or Territory of the Union. And to use an odious distinction, attempted to be made between ' Mor- mon' and 'Gentile,' I am also happy in being able to state, that while these parties, differing so widely as they do in their religious faith, have been suitors in my court, the so-called Gentile, has obtained justice from the verdict of a so-called ' Mormon' jury.

" I repeat gentlemen, that the law is, and can be maintained in this Terri- tory, and that there is more vigilance here in arresting and bringing criminals to trial and punishment than in any country where I have ever resided.

" In the discharge of my judicial duties, I have endeavered to be actuated by a sense of the responsibility of my position ; ever keeping constantly in mind that I was among a civilized and enlightened people, who were entitled to the same consideration from the court, as the people of any other Territory ; and that the court here, as well as elsewhere, should be free from bias and prejudice.

" Gentlemen, accept my thanks for your co-operation, in support of my efforts to maintain and enforce the law.

" To the Petit Jurors I will say, that I have been well sustained by them in the trial of causes, and can only hope that when I retire from the bench my suc- cessor will be an able, honest judge, and have no more difficulty in discharging his duties than I have had.

" With these remarks, gentlemen, I dismiss you from further attendance upon the court."

Mr. Ferguson moved that as the Grand Jury were discharged without finding an indictment against Brigham Young, that he be discharged from his recog- nizance.

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CHAPTER XXXVI.

REMOVAL OF GOVERNOR HARDING, SECRETARY FULLER, AND CHIEF JUSTICE

KINNEY. LINCOLN'S POLICY TO "LET THE MORMONS ALONE." STARI'. ING OF THE UNION VEDET'IE. OPENING OF THE UTAH MINES. MILI- TARY DOCUMENTS, CREATION OF A PROVOST MARSHAL OF GREAT SALT LAKE CITY.

The counter petitions to the President of the United States from the city and camp, one for the removal and the other for the retention of Governor Hard- ing, were responded to by concessions to both parties. Governor Harding, Secretary Fuller and Chief Justice Kinney were removed ; James Duane Doty was appointed Governor ; Amos Reed, Secretary ; and John Titus of Pennsylvania, Chief Justice.

The official decapitation of the Governor was clearly in answer to the petition of the citizens, while the removal of Chief Justice Kinney and Secretary Fuller was in consideration of the charge made against them-that they had been " sub- servient to the will of Brigham Young." The Chief Justice had for months felt that in maintaining the integrity of the judicial department he was placing him- self upon the altar of sacrifice, as shown in his parting words to the grand jury ; but his official relations with Utah were not permitted to end with his removal, for at the next election, in August, 1863, he was sent to Congress as Delegate from Utah.

The following noteworthy passage of a letter from President Brigham Young to Elder George Q. Cannon, then in England, expresses the policy of the Gov- ernment towards Utah during the remainder of President Lincoln's life :

"GREAT SALT LAKE CITY, U. T., June 25, 1863. " President Cannon : " DEAR BROTHER- Since Harding's departure on the 11th inst., without the least demonstration from any party, and only one individual to bid him good-bye, the transient persons here continue very quiet, and apparently without hope of being able to create any disturbance during the present Adminis- tration. They certainly will be unable to, if President Lincoln stands by his statement made to Brother Stenhouse on the 6th inst., viz: 'I will let them alone if they will let me alone.' We have ever been anxious to let them alone further than preaching to them the gospel and doing them good when they would permit us, and if they will cease interfering with us unjustly and unlawfully, as the Presi- dent has promised, why of course they will have no pretext nor chance for collision during his rule.

" Your brother in the gospel, BRIGHAM YOUNG."

On the 20th of November, 1863, the first number appeared of The Union

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Vedette, published, as announced, "by officers and enlisted men of the California and Nevada Territory Volunteers."

The initial number of the Vedette contains the following circular letter from General Connor, relative to mines and mining interests in this Territory :

"HEADQUARTERS, DISTRICT OF UTAH,

GREAT SALT LAKE CITY, U. T. November 14, 1863.

" COLONEL :

" The general commanding the district has the strongest evidence that the mountains and canyons in the Territory of Utah abound in rich veins of gold, silver, copper and other minerals, and for the purpose of opening up the country to a new, hardy, and industrious population, deems it important that prospecting for minerals should not only be untrammelled and unrestricted, but fostered by every proper means. In order that such discoveries may be early and reliably made, the general announces that miners and prospecting parties will receive the fullest protection from the military forces in this district, in the pursuit of their avocations; provided, always, that private rights are not infringed upon. The mountains and their now hidden mineral wealth, are the sole property of the nation, whose beneficent policy has ever been to extend the broadest privileges to her citizens, and, with open hand, invite all to seek, prospect and possess the wonderful riches of her wide-spread domain.

"'To the end that this policy may be be fully carried out in Utah, the Gen- eral commanding assures the industrious and enterprising who may come hither, of efficient protection, accorded as it is by the laws and policy of the nation, and enforced, when necessary, by the military arm of the Government.

"The General in thus setting forth the spirit of our free institutions for the information of commanders of posts within the district, also directs that every proper facility be extended to miners and others in developing the country; and that soldiers of the several posts be allowed to prospect for mines, when such course shall not interfere with the due and proper performance of their military duties.

" Commanders of posts, companies and detachments within the district are enjoined to execute to the fullest extent the spirit and letter of this circular com- munication, and report, from time to time, to these head-quarters the progress made in the development of the Territory, in the vicinity of their respective posts or stations.

" By command of Brig .- Gen. Connor:

CHAS. H. HEMPSTEAD, Capt. C. S. and A. A. A. Gen'l."

In March, 1864, another circular was issued by General Connor which was considered to be very pronounced and threatening towards the leaders of the Mormon community :

" HEADQUARTERS, DISTRICT OF UTAH, CAMP DOUGLAS, U. T., March Ist, 1864.

" CIRCULAR :

" The undersigned has received numerous letters of complaint and inquiry

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from parties within and without the district, the former alleging that certain resi- dents of Utah Territory indulge in threats and menaces against miners and others desirous of prospecting for precious metals, and the latter asking what, if any, protection will be accorded to those coming hither to develop the mineral resources of the country.

" Without giving undue importance to the thoughtless or reckless words of misguided, prejudiced, or bad-hearted men who may be guilty of such threats as those referred to, and indulging the hope that they are but individual expressions rather than menaces, issued by any presumed or presumptuous authority whatso- ever, the undersigned takes occasion to repeat what no loyal citizen will gainsay, that this Territory is the public property of the nation, whose wish it is, that it be developed at the earliest possible day, in all its rich resources, mineral as well as agricultural, pastoral and mechanical. To this end, citizens of the United States, and all desirous of becoming such, are freely invited by public law and national policy, to come hither to enrich themselves and advance the general wel- fare from out the public store, which a bountiful Providence has scattered through these richly laden mountains and fertile plains. The mines are thrown open to the hardy and industrious, and it is announced, that they will receive the amplest protection in life, property and rights, againse aggression from whatsoever source, Indian or white.

" The undersigned has abundant reason to know that the mountains of Utah north, south, east and west, are prolific of mineral wealth. Gold, silver, iron, copper, lead and coal, are found in almost every direction, in quantities which promise the richest results to the adventurous explorer and the industrious miner.

" In giving assurance of entire protection to all who may come hither to prospect for mines, the undersigned wishes at this time most earnestly, and yet firmly, to warn all, whether permanent residents or not of this Territory, that should violence be offered, or attempted to be offered to miners, in the pursuit of their lawful occupation, the offender or offenders, one or many, will be tried as public enemies, and punished to the utmost extent of martial law.

"The undersigned does not wish to indulge in useless threats, but desires most fully and explicitly to apprise all of their rights, and warn misguided men of the inevitable result, should they seek to obstruct citizens in their rights, or throw obstacles in the way of the development of the public domain. While miners will be thus protected, they must understand, that no interference with the vested rights of the people of the Territory will be tolerated, and they are ex- pected to conform in all things to the laws of the land which recognize in their fullest extent the claims of the bona fide settler on public lands.

" While the troops have been sent to this district to protect from a savage foe the homes and premises of the settlers, and the public interests of the nation, they are also here to preserve the public peace, secure to all the inestimable bless- ings of liberty, and preserve intact, the honor, dignity and rights of the citizen, vested by a free Constitution, and which belong to the humblest equally with the highest in the land. This, their mission, it is the duty of the undersigned to see fulfilled by kindly and warning words, if possible, but if not, still to be enforced

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at every hazard and at any cost. He cannot permit the public peace and the welfare of all to be jeoparded by the foolish threats or wicked actions of a few.

P. EWD. CONNOR, Brig. Gen., U. S. Vol., Comd'g Dist."

In June a special order was issued creating a

PROYOST MARSHAL OF GREAT SALT LAKE CITY. " HEADQUARTERS DISTRICT OF UTAH, CAMP DOUGLAS, UTAH TERRITORY, Near Great Salt Lake City, July 9th, 1864. "SPECIAL ORDER NO. 53.

"Ist. Capt. Chas. H. Hempstead, Commissary of Subsistence, U. S. Vol's, is hereby appointed Provost Marshal of Great Salt Lake City, U. T., and will immediately enter upon the duties of his office. He will be obeyed and respected accordingly.

"2d. Company L, 2d Cav. C. V., Capt. Albert Brown, is hereby detailed as Provost Guard, and will immediately report to Capt. Chas. H. Hempstead, Provost Marshal, Great Salt Lake City, for duty.

" 3d. The Quartermaster's Department will furnish the necessary quarters, offices, etc.

" By command of BRIG .- GEN. CONNOR.

" CHAS. H. HEMPSTEAD,

Capt. C. S. U. S. Vol's, and A. A. A. Gen'l."

This series of circulars was climaxed by the following letter to the War De- partment (a copy of which has been furnished to the author by the General him- selt), setting forth his views and policy concerning Utah.

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History of Salt Lake City, Part 42

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