History of Salt Lake City, Part 48

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

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" The Indians again drawing off for winter quarters, on the first day of No- vember the last of the militia troops were mustered out.

" Peace again reigned for a short time. The mountains and passes were again blockaded with snow, and the inhabitants had a short interval to prepare for winter.

" Nothing of importance was heard from the Indians until early in January, 1867, when they commenced the war for another year by making a raid on Pine Valley, Washington County, the extreme southern part of the Territory, captur- turing a band of horses. Captain Andrews, with a company of cavalry, followed

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them, recovered most of the horses and killed seven Indians. All was quiet again till March, when another raid was made on Richfield, Sevier County. Here they killed one man, one woman, and a girl fourteen years of age. The the killing of the females was accompanied with great atrocity. Reliable infor- mation was received that they were still determined on war, and troops were again mustered into service in San Pete, Sevier and Piute Counties, also one com- pany of cavalry and one of infantry in Salt Lake and Utah Counties. With the aid of these two companies, in addition to the forces raised in these three counties, further depredations were prevented until the end of June, when Major Vance and Sergeant Houtz were waylaid and killed at Twelve Mile Creek, San Pete County ; and on the 12th, they made a raid on Beaver, Beaver County cap- turing a large herd of stock. This county is west of Piute County.

"August 14th, they made a raid on Springtown, San Pete County, killing two men, wounding another, and capturing a band of horses. Colonel R. N. Allred, with a company of cavalry chased and gave them battle, recovering some of the horses.

" September 18th, another raid was made on Beaver, Beaver County, and two hundred head of horses and cattle were taken.

" This was the last raid of the season, as, through the activity of the militia troops, the depredations were less frequent and not so extensive as previously.

" Great praise is accorded to the superintendent of Indian affairs, Colonel F. H. Head, for his untiring exertions with the Indians to promote peace. He finally succeeded in obtaining an interview with Black Hawk, and obtained his promise that he would refrain from further depredations on the whites, and that he would use his influence to have the war entirely stopped. He expressed a fear, however, that some of the outlaws would continue depredations, which has been the case, as several raids have been made since this interview, but it is generally believed that Black Hawk has kept his promise.

" In the spring of 1868, these renegades attacked a company of whites while camped on the Sevier River, killed two men and wounded one. During the sum- mer they made several raids on stock in San Pete Valley ; and in November at- tacked a party of emigrants in southern Utah, and took a large band of horses and mules. Some active service was performed during the summer and autumn of 1868, but as the returns have not been received at this office, they are not included in the accompanying accounts, which amount in the aggregate, for the three years, 1865, 1866, and 1867, as per recapitulation sheet herewith forwarded, to the sum of one million one hundred and twenty-one thousand and thirty-seven dollars and thirty-eight cents ($1,121,037.38).

"In conclusion, I beg leave to respectfully refer you to a memorial of the Legislature of this Territory, approved by his Excellency Charles Durkee, Gover- nor, of which the following is a copy :

"'MEMORIAL TO CONGRESS PRAYING FOR AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE LATE INDIAN WAR IN UTAH TERRITORY.

"'To the Honorable the Senate and House of Representatives of the United States in Congress assembled.

'"GENTLEMEN :- Your memorialists, the Governor and Legislative Assembly

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of the Territory of Utah, would most respectfully represent to your Honorable Body that, for the last three years, we have had a vexatious Indian war on our hands, the seat of which has been in Sevier, Piute, and San Pete Counties, extend- ing more or less to the counties of Wasatch, Utah, Millard, Beaver, Iron, Wash- ington and Kane, rendering a strong military force constantly necessary in the field. Colonel Irish, former Superintendent of Indian affairs, called on General Connor to protect the settlements of this Territory from Indian depredations ; the General replied that if those depredations were committed upon any settle- ments remote from the mail line he could not do it. Colonel Head, present Superintendent of Indian affairs, called on Colonel Potter to protect the settle- ments of this Territory where Indian hostilities existed. Colonel Potter sent east for instructions in the case, and received answer from General Sherman that we must rely on the militia of the Territory. During this war Sevier and Piute Counties were abandoned by six extensive and flourishing settlements, it being considered impracticable to defend them there. Their removal was effected at the loss of nearly all they had, their stock and teamis being mostly stolen and driven away by the Indians, and they were removed by the citizens of San Pete County. Likewise four settlements on the borders of San Pete County were broken up and removed at much expense and loss. Also fifteen settlements in Iron, Kane and Washington Counties, besides two or three small settlements in Wasatch County. In this war we have furnished our own soldiers, arms, ammunition, transportation, cavalry horses, and supplies, for the years 1865, 1866, and 1867. We have borne a heavy burden, and we ask for compensation and aid, as most of our citizens at and near the seat of this war have become greatly reduced and impoverished thereby, and likewise the other settlements that have had to remove are more or less so. We therefore ask your Honorable Body to appropriate $1,500,00, to compensate the citizens for their service, transportation and sup- plies in suppressing Indian hostilities in the Territory of Utah during the years before named, or so much thereof as will cover the expenses, as per vouchers and testimonies now in the adjutant-general's office, which will accompany this me- morial, or follow it at an early day, and your memorialists, as in duty bound, will ever pray.

"All of which is respectfully submitted.

" Your obedient servant, " H. B. CLAWSON, "Adjutant- General, Utah Territory. " Hon. John M. Schofield, "Secretary of War, Washington City, D. C."

To this State document may be supplemented, from the Adjutant-General's office, instructions and special orders issued by Lieutenant-General Wells to his commanding officers, covering the very time, of which it was charged, that the said General Wells was organizing, mustering and drilling his forces for overt acts against the Federal administration in Utah.

" HEADQUARTERS NAUVOO LEGION, " ADJT .- GEN'L'S OFFICE, GREAT SALT LAKE CITY, May 23, 1866. " Major-General Robt. T. Burton :

" DEAR BROTHER : It is considered best for you to have out a patrol guard to

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watch and protect herds, and to observe the movements and indications of the Indians, speaking and treating them kindly, and endeavoring to influence those with whom they shall meet to be peaceable and friendly, and at the same time let them see that we are on the alert, and do not intend to let them have our stock without asking for it.

" It is believed that a few men in each settlement in your district can per- form this service, and extend their patrols and observations up into the canyons, where people are working at the mills and getting out wood and timber ; and to all such most likely places for Indians to secrete themselves and steal forth to make depredations upon the people and their property. Men and not boys should be entrusted to take charge of herds, and should go armed and prepared to defend themselves.

" It may be thought there is no danger of hostile Indians making any dem- onstration in your neighborhood ; but the surest way to avoid it is to be pre- pared to meet it, and not give them a chance.

" Men should be posted in the night time where they can be concealed and see without being seen, and thus be able to give timely information, or afford timely relief, or assistance in the protection of life and property, and not do like some, make themselves a target for an Indian to shoot at, and stand and be killed when they ought to be shooting.

"Be vigilant in carrying the same into effect, and make full returns to this office of all services rendered, &c.

" Respectfully yours, "D. H. WELLS."

SPECIAL ORDERS NO. I.

" ADJUTANT-GENERAL'S OFFICE, G. S. L. CITY, April 15th, 1867. " Ist. Brigadier General Warren S. Snow is hereby temporarily relieved from the duties of his command over San Pete and Piute Military District and Brigadier-General W. B. Pace, of the Utah Military District, assigned to that duty.

"2d. General Pace will be provided with a full company of cavalry from Great Salt Lake and Utah Military Districts, fully armed and equipped, supplied and provisoned from their respective districts, except flour, meat, and forage, which will be furnished from San Pete.

" 3d. Gen. Pace will repair to the scene of his duties with the troops aforesaid as soon as practicable, and locating his command at or near Gunnison, will de- tail working parties either to go to the canyons, labor on fords, guard stock, or parties traveling into the canyons, or elsewhere, and to aid and assist the people exposed to the inroads and depredations of the Indians, in defending themselves against hostile demonstrations of the foe. He will also lose no time in organiz- ing the forces herein placed under his command as will, in the most efficient man- ner, render such aid and assistance as is or may become necessary and proper to secure and protect those settlements from depredations from the Indians.

" 4th. Gen. Pace is hereby directed to see that a strict and correct account is kept, and prompt returns made to this office of all expenses incurred, and ser- vice performed, as also any and all movements or dispositions made of all the forces

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placed under his command, and in all things exercise that just discretion and efficiency which should characterize an energetic and yet prudent and careful commander.

" D. H. WELLS,

" Lieut .- General, Commanding Nauvoo Legion."

SPECIAL ORDERS NO. 2.

" ADJUTANT-GENERAL'S OFFICE, "G. S. L. CITY, April 15th, 1867.

" Ist. Major-General Robert T. Burton, of the Great Salt Lake Military District will raise three platoons of cavalry from his command for the San Pete expedition, and have them properly officered and organized, and in readiness to march on Monday next, the 22d instant, with arms, ammunition, accoutrements, and supplies for six months, except flour, meat and forage, which will be provided elsewhere.

" 2d. Men must be selected, and not boys allowed to go as substitutes, and must be furnished with suitable transporation, and tools for working parties, which will be detailed from the command to assist in the construction of forts, etc., as well as to assist in defending the people against Indian depredations.

" 3d. The troops thus organized and provided will rendezvous at Provo, Utah Military District, and report to Brigadier-General Wm. B. Pace, who is as- signed to take the command of the San Pete and Piute Military Districts, and they will act under his direction.

" 4th. The horses must be provided with ropes for tying up and hobbles, and a few pack saddles should also be furnished in case of wanting to make a sud- den excursion after Indians.

" 5th. General Burton is at liberty to assign a captain or an adjutant as he and General Pace shall agree upon, as it would be proper for one or the other to go from his command with this detachment.

DANIEL H. WELLS, Lieutenant-General Commanding Nauvoo Legion. TO GOVENOR DURKEE.

ADJUTANT-GENERAL'S OFFICE, GREAT SALT LAKE CITY, Dec. 31st, 1867. " To His Excellency Charles Durkee, Governor of Utah Territory.

DEAR SIR: I take pleasure in forwarding to your Excellency the accompa- nying abstract return of the Nauvoo Legion, the militia of our Territory ; made out from the latest reports that have been received from each district, and show- ing the aggregate number of the militia so far enrolled, with their individual arms, ammunition and equipments. They number twelve thousand and twenty- four (12,024), including cavalry, artillery and infantry, would doubtless be largely increased by a full enrollment of all persons liable to military duty, un- usually seen in attendance at our general musters.

" The apparent difficulty of obtaining fire arms among the infantry arises chiefly from the annual emigrations of many poor persons, who are destitute of weapons on their arrival.

"As your Excellency is aware, our settlers have now had a three years' war

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with Utah Indians, during which a very large amount of stock has been driven off from our settlements, and seventy of our citizens killed and wounded by them. It has also involved a great loss of their property in breaking up the settlements throughout Sevier, Piute, Kane and parts of San Pete and other counties. Dur- ing this time various detachments of troops have been sent from the more densely settled districts to the settlements more immediately in the scene of actual Indian hostilities, to assist in repressing the Indians, defending the settlers, and guard- ing against their sudden attacks.

" A small portion of the outlay for these expenditures has been paid out of the Territorial funds, but it is believed that an appropriation should be made by the General Government to reimburse the Territory, and defray all expenses, ac- counts of which are in preparation accordingly against the General Government.

" Without reliable information of their intentions, it is hoped and believed that the Indians are now more peaceably inclined, and trust that the ensuing spring and summer may not open up as they have the last three years with an Indian war upon our hands.

" With much respect, " H. B. CLAWSON, "Adjutant- General Nauvoo Legion, the Militia of Utah Territory." ACCOUNTS SENT TO HON. W. H. HOOPER, M. C. " ADJUTANT GENERAL'S OFFICE, " SALT LAKE CITY, Feb 10, 1869. " Hon. W. H. Hooper, M. C., Washington City, D. C.

" DEAR SIR : By to-day's express I forward to your address the accounts of expenses incurred by the Territory of Utah in the suppression of Indian hostil- ities in said Territory during the years 1865-6-7, amounting to the sum of one million, one hundred and twenty-one thousand and thirty-seven dollars and thirty-eight cents ($1,121,037.38) ; also a communication from myself to the Hon. John M. Schofield, Secretary of War, to accompany said accounts. By reference to that communication you will perceive that a large amount of service was rendered by the male inhabitants of the localities of the war, as home guards, for which no charge is made ; nothing but active service being included in those accounts, it having been our constant effort to keep the expenses as light as pos- sible, and it is believed here that an equal amount of service by almost any other people would have been quadrupled in cost. These accounts will now be in your hands, and it is believed that the government, at an early day, through the wis- dom of your efforts, will fully reimburse to the Territory of Utah the amounts of those expenses.

" Very truly yours, " H. B. CALWSON, "Adjutant-General, Utah Territory.

The report of the adjutant-general of the Utah militia, to the Secretary of War, was accompanied by the following voucher :

" EXECUTIVE OFFICE, UTAH TERRITORY, SALT LAKE CITY, January 9, 1869.

" I, Charles Durkee, Governor of Utah Territory, do hereby certify that the

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military service rendered by the militia of this Territory, comprised in the fore- going accounts, was absolutely necessary, and was therefore sanctioned and au- thorized by me at the times specified, and that the accounts are just.

" CHARLES DURKEE, Governor."

This is the same governor-of whom Mr. Bowles wrote, "Governor Durkee seems less disposed to be tolerant of Mormon control and the Mormon disrepect to federal authority than his predecessors generally have been,"-who certifies to the General Government that he had " sanctioned and authorized" the service of the Utah militia as " absolutely necessary," and that " the accounts are just." But this debt of one million, one hundred and twenty-one thousand and thirty- seven dollars and thirty-eight cents, owed by the Government to the citizens of Utah, to this day remains unpaid.

CHAPTER XLII.

WADE'S BILL. CONTEMPLATED RECONSTRUCTION OF THE MILITIA. ABSO- LUTE POWER IN CIVIL AND MILITARY AFFAIRS TO BE GIVEN THE GOVER- NOR. THE MORMON CHURCH TO BE DISQUALIFIED FROM OFFICIATING IN MARRIAGE CEREMONIES. ACKNOWLEDGEMENT OF PLURAL MARRIAGE SUFFICIENT PROOF OF "UNLAWFUL COHABITATION." AIMS ON THE CHURCH PROPERTY AND TREASURY. THE TRUSTEE-IN-TRUST TO BE UN- DER THE GOVERNOR'S THUMB.

Notwithstanding the Utah Militia was employed in the service of the Gov- ernment in the years 1865, 1866, and 1867, protecting the country against the Indians ; notwithstanding, as it turned out, this service was performed at their own cost, the impression had been established in the public mind that it was a standing army of rebellion, and that it ought to be broken up by the strong mili- tary arm of the Government, should Congress find itself inadequate to the task. Indeed, from the year 1866 to the year 1870, there was fast working up in the United States a movement against the Mormon power, very much as it had been before the Utah War, when the two great political parties laid Utah upon the altar to appease a common hate of Mormondom, and then worked up the " war of rebellion " between themselves.

The first exposition of the resolution to put down " Mormon Utah" and sup- plant it with a "Gentile Utah," presented to Congress during the work of re-con- structing the South, was the bill of Senator Ben. Wade. In the Senate of the United States, June 30, 1866, Senator Wade asked, and by unanimous consent ob- tained leave to bring in his bill, which was read twice, referred to the Committee on Territories, and ordered printed ; and on the 12th of July, 1866, the bill was reported by Mr. Wade with amendments. Although this bill did not pass,

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nearly all its aims have since become operative in subsequent bills ; in the Gov- ernment direction of Utah affairs ; in the disbanding of the militia ; in the juris- diction and decisions of the courts; in the Utah Commission ; in a half-sup- planted Legislature and the controlling power of the Governor, both in civil and military affairs. Indeed the salient points of the Wade bill may be reviewed as very like the face of the history of Utah from that date to the present. First take,

" SEC. IO. And be it enacted, that there shall be in the militia of said Territory no officer of higher rank or grade than that of major-general, and all officers, civil and military, shall be selected, appointed and commissioned by the Governor ; and every person who shall act or attempt to act as an officer, either civil or military, without being first commissioned by the Governor, and qualified by taking the proper oath, shall be guilty of misdemeanor, and upon conviction thereof, shall be subject to a fine not exceeding one thousand dollars and imprisoned in the Penitentiary not exceeding one year, or both such fine and imprisonment at the discretion of the court.

"SEC. II. And be it further enacted, That the militia of said Territory shall be organized and disciplined in such manner and at such times as the Gov. ernor of said Territory shall direct. And all the officers thereof shall be ap- pointed and commissioned by the Governor. As commander-in-chief the Gov- ernor shall make rules and regulations for the enrolling and mustering of the militia, and he shall yearly, between the first and last days of October, report to the Secretary of War the number of men enrolled and their condition, the state of discipline, and the number and description of arms belonging to each com- pany, division, or organized body. Aliens shall not be enrolled and mustered into the militia."

"SEC. 22. And be it further enacted, That all commissions and appoint- ments, both civil and military, heretofore made or issued, or which may be made or issued before the Ist day of January, eighteen hundred and sixty-seven, shall cease and determine on that day, and shall have no effect or validity thereafter."

In this bill there is no intelligent aim at the purpose and existence of the Utah militia, nor any knowledge shown of its circumstantial history : all that is seen is the design of the bill itself. The first aim regarding it was to take the militia altogether out of the hands of the Territorial Legislature, and to confer powers extraordinary upon the Governor, not only as commander-in-chief, but as the originator, sustainer and dictator: " the militia of said Territory shall be organized and disciplined in such manner and at such times as the Governor of said Territory shall direct," etc. The second aim was to abolish the office of lieu- tenant-general. He disposed of-his office having no longer an existence, all the officers before under him would soon also pass away, their "appointments and com- missions " expiring before January, 1867. Thereafter all the officers were not only to be " commissioned," but also selected and " appointed" by the Governor, and indeed the entire militia re-organized by him as the originating source, under this contemplated act of Congress. Clearly the militia of the Territory would have been practically abolished or set aside, as it afterwards was by the procla- mation of Governor Shaffer, or it would have been transformed to an anti-Mor- mion force, to act as a posse commitatus for the Governor in the execution of the

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designs of the bill. Even had such a design been proper for the utter suppres- sion of the Mormon power in America, still there would have been no relation between it and the purpose of the existence of the Utah militia. The following, from the many documents of a similar nature in the adjutant-general's office, will strikingly illustrate this and be a very favorable contrast to the bills and aims in question :

REPORT OF THE BOARD OF OFFICERS.

" The militia of the Territory of Utah (under the governor as commander- in chief) shall be commanded by a lieut .- general, and formed into an indepen- dent military body called the Nauvoo Legion, and shall be organized into platoons, companies, battalions, regiments, brigades, divisions and departments as hereinafter provided for."

The necessity for such a military body will be seen from the following doc- uments.

In general orders No. 2, under date of January 21st, 1854, we find the following-

" Rule 4. They will preserve a good organization of their entire force, and fill up the minute companies for prompt and energetic action in accordance with general orders No. 1, of 28th Nov., 1853 ; and act on the defensive whenever it becomes necessary for the protection of their respective districts.

" Rule 5. It is wise in time of peace to prepare for war, although peace can as yet scarcely be said to exist.

" No time should be lost in preparing and completing the forts and defences in the various districts ; as we think it is well understood that our settlements must be based on a permanent system of defense.

" In enlarging the forts or locating new ones for the accommodation of the increasing population, great care and judgment should be exercised in selecting such places as are beyond the reach of covert, (and unless included) beyond the rifle range of ridges, benches and mountains-and so as to command water for the use of the forts, and as much of the surrounding country as possible.

" Rule 6. The safety and future success of the settlements depend much upon guarding a gainst surprise, or being deceived by pretended friendship, at the same time exercising friendly relations with all, clothing and feeding them for their labor. It is humane and politic to feed the strangers when they first come, keeping a good look out for them, and if they remain too long giving them work, encouraging them by giving them fair wages for what they do, and making them as comfortable as possible according to the circumstances of the post, when they evince a disposition to comply with reasonable requirements.

[Signed] BRIGHAM YOUNG, DANIEL H. WELLS, Lieut .- General Commanding Nauvoo Legion."

We further review the bill:

"SEC. 2. And be it further enacted, That the marshal or other officer, in selecting grand or petit jurymen, shall select them from the body of the people of the district. And in the trial of any case in which the United States shall be

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History of Salt Lake City, Part 48

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