History of Salt Lake City, Part 63

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

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" In your communication you addressed me as ' Commander-in-chief of the militia of Utah Territory." It is now twenty years since the act to organize this Territory was passed by the Congress of the United States, and, so far as I am informed, this is the first instance in which you, or any of your predecessors, in the pretended office which you assume to hold, have recognized the Governor of this Territory to be, as the Organic Act makes him, the Commander-in-chief, etc. My predecessors have been contemptuously ignored, or boldly defied. I congrat- ulate you and the loyal people here, and elsewhere, on the significant change in your conduct.

" You do me the honor to ask me to suspend the operation of my proclama- tion of September 15th, 1870, prohibiting all musters, drills, etc., etc. In other words, you ask me to recognize an unlawful military system, which was originally organized in Nauvoo, in the State of Illinois, and which has existed here without authority of the United States, and in defiance of the Federal officials.

" You say : ' Whereas, to stop the musters now, neither the terms of the proclamation, the laws of the Territory, nor the laws of Congress, etc., could be complied with.' That is, my proclamation cannot be carried out, unless I let

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you violate it. Laws of the Territory which conflict with the laws of Congress, must fall to the ground, unless I will permit you to uphold them, and the laws of Congress cannot be complied with unless I will let you interpret and nullify them ! To state the proposition is to answer it.

" Mr. Wells, you know, as well as I do, that the people of this Territory, most of whom were foreign born, and are ill acquainted with our institutions, have been taught to regard certain private citizens here as superior in authority not only to the Federal officials here, but also at Washington. Ever since my procla- mation was issued, and on a public occasion, and in presence of many thousands of his followers, Brigham Young, who claims to be, and is called, ' President,' denounced the Federal officials of this Territory with bitter vehemence, and on a like occasion, about the same time, and in his (Young's) presence, one of his most conspicuous followers declared that Congress had no right whatever to pass an organic act for this Territory ; that such was a relic of colonial barbarism, and that not one of the Federal officials had any right to come to, or remain in, this Territory.

" Mr. Wells, you ask me to take a course which, in effect would aid you and your turbulent associates to further convince your followers that you and your associates are more powerful than the Federal Government. I must decline.

" To suspend the operation of my proclamation now, would be a greater dereliction of my duty than not to have issued it.

" Without authority from me you issued an order in your assumed capacity of lieutenant-general, etc., calling out the military of the Territory to muster, and now you virtually ask me to ratify your act.

" Sir, I will not do anything in satisfaction of your officious and unwarranted assumption.

" By the provisions of the Organic act, the Governor is made the commander- in-chief of the militia of the Territory, and, sir, so long as I continue to hold that office, a force so important as that of the militia shall not be wielded or con- trolled in disregard of my authority, which, by law, and by my obligation, it is my plain duty not only to assert, but, if possible, to maintain.

" I hope the above is sufficiently explicit to be fully understood, and super- sede the necessity of any further communications on the subject.

" I have the honor to be, etc.

(Signed)

J. W. SHAFFER, Governor and Commander-in-Chief of Utah Territory.

AN OPEN LETTER TO GOVERNOR SHAFFER.

" Editor Deseret Evening News :

" SIR :- I find myself under the necessity of requesting you to give space in your columns for the enclosed correspondence between myself and His Excellency Governor Shaffer. His reply to my communication reached me yesterday, and it was only a few hours afterwards that I saw the entire correspondence in print. I might have felt some reluctance before this in giving our correspondence pub- licity, but now I have no alternative ; my duty to the public, my regard for truth,

HISTORY OF SALT LAKE CITY.

and my own self-respect will not suffer me to remain silent ; and although Gover- nor Shaffer closes his communication by saying that he hopes what he has written will supersede the necessity of any further communication on this subject, I am constrained to write you this letter.

" The first point which I will notice in his communication is the statement that,-

"' As the laws of the United States provide for but one lieut. - general, and as the incumbent of that office is the distinguished Philip H. Sheridan, I shall cer- tainly be pardoned for recognizing no other.'

" What inference does Governor Shaffer wish to draw from this? The same law of Congress which provides for one lieut .- general provides for five major-gen- erals (see Army Register for 1869 ; also General E. D. Townsend's report to Gen - eral W. T. Sherman, commanding U. S. army for same year) ; must we therefore conclude that there shall be no major-generals of militia in the States or Terri- tories? The same law prescribes that there shall be eight brigadier-generals ; are we to understand Governor Shaffer that the distinguished gentlemen who hold these positions in the regular army are the only ones in the States and Territories who are to be recognized as such? This being the inference to be drawn from his language, who shall presume to recognize any officers of militia in any of the States and Territories as major-generals and brigadier-generals, when the law of Congress has already provided for but five of the former and eight of the latter ?

" As His Excellency seems to take pleasure in referring to law, permit me also to direct his attention to the following :

" Section 10 of an Act, approved July 28th, 1866, limits the number of offi- cers and assistant adjutant-generals in their respective corps, prescribing their rank, pay and emoluments; and section 6 of an Act approved March 3d, 1869, provides that, until otherwise directed by law, there shall be no new appointments in the Adjutant-General's department ; also an Act of June 15th, 1844, chapter 69,'entitled, ' an Act to authorize the Legislatures of the several Territories to regu- late the appointment of representatives and for other purposes,' provides, in sec- tion 2, ' that justices of the peace, and all general officers of militia in the Terri- tories, shall be elected by the people, in such manner as the respective Legislatures thereof shall provide by law.' Also, see Brightly's Digest of the United States Laws, page 619, on organization of the militia, section 3.

" These extracts are from laws of Congress-the laws for which His Excellency seems to have so much respect ; and if they are the only laws which obtain in this Territory, how can His Excellency reconcile with them his recent appointment by proclamation of a major general, and an assistant adjutant-general for the militia of Utah ? And what about the five distinguished incumbents of the office of major-general already appointed under the law? Or, does his Excellency imagine that it falls to his province to fill the vacancy created by the death of the lamen- ted George H. Thomas.

" The second point in Governor Shaffer's communication which I will notice, is wherein he states that-

" ' So far as I have been informed, this is the first instance in which you or any of your predecessors, in the pretended office which you assume to hold, ever re-

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cognized the Governor of this Territory to be as the organic act makes him to be, the commander-in-chief, etc., etc. My predecessors have been contemptuously ignored or boldly defied.'

" It is scarcely necessary for me to remark to any resident familiar with the history of this Territory that Governor Shaffer's information on this subject is very defective. That which he styles a " pretended office " I have held by the unanimous voice of the people of the Territory-the office having been created by Act of the Legislative Assembly of the Territory of Utah, approved by the Governor, Feb., 5th, 1852, and not transported from Illinois, as stated by Gover- nor Shaffer in another part of his letter. Even if it were as he states, can no good thing come out of Illinois? Or is it such a crime to copy after anything emanat- ing from that distinguished State ? I may here add, further, that I have never had any predecessor in the office since the organization of the Territory. As to this being the " first instance" in which I have recognized the Governor of this Terri- tory as the commander-in-chief, Governor Shaffer is either strangely ignorant or wilfully misrepresents, for during the first eight years after the organization of the Territory, His Excellency Brigham Young was the Governor of the Territory, and I presume no one will dispute that he was recognized as the commander-in-chief. During the next four years, while His Excellency Alfred Cumming was Governor of the Territory, and also during the administrations of his successors up to the present time-with the exception of Governor Dawson, who only remained in the Territory about thirty days-I have abundant documentary evidence to show that I recognized them as governors and commanders-in-chief of the militia of the Territory, and have in return been recognized by them as lieut. - general commanding militia of Utah Territory. Besides being recognized as lieut .- general by the predecessors of Governor Shaffer, I have in every in- stance been acknowledged as such in all official correspondence with officers of the regular army, superintendents of the Indian affairs and other 'Federal officials,' both here and out of the Territory. His Excellency Governor Shaffer therefore stands distinguished as the first 'Federal officer' who, in reply to a respectful communication, has so far forgotten what is due from a man holding his position, as to ignore the common courtesies always extended between gen- tlemen.

" Before ending my reference to this point, permit me, if it does not trespass too much on your space, to give you copies of one or two communications which I have received from predecessors of Governor Shaffer :

" EXECUTIVE DEPARTMENT, GREAT SALT LAKE CITY, " June 11th, 1862.

" To Gen. D. H. Wells, commanding militia of Utah Territory.

" SIR-A requisition has been made upon me this day by Henry W. Law- rence, Esq., Territorial Marshal for the Territory of Utah, through his deputies, R. T. Burton, Esq., and Theodore Mckean Esq., for a military force to act as a posse commitatus in the service of certain writs issued from the Third Judicial Dis- trict Court of said Territory, for the arrest of Joseph Morris and others, residing in the northern part of Davis County, in said district.

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" It appears that said Joseph Morris, and his associates, have organized them- selves into an armed force to resist the execution of said writs, and are setting at defiance the law and its officers.

" I therefore require you to furnish the said Henry W. Lawrence, Esq., or his deputies aforesaid, a sufficient military force for the arrest of the offenders, the vindication of justice, and the enforcement of the law.

"FRANK FULLER, " Acting Governor and Commander-in-chief.

" EXECUTIVE DEPARTMENT, GREAT SALT LAKE CITY, November 26th, 1862.

" Lieut .- Gen. D. H. Wells, Commanding Nauvoo Legion :

" SIR-I herewith enclose a communication directed to the Governor of this Territory, from the War Department at Washington, in relation to arms, etc., furnished by the several States since the 4th of March, 1861. If you have any in- formation on the subject applicable to this Territory, I will be glad if you will re- port the same to me immediately.

"I remain, respectfully yours, etc. H. S. HARDING, Governor and Commander-in-Chief of the Territory of Utah.

" P. S .- You will please return the communication from the War Deparment with your report.

" As to Governor Shaffer's next paragraph I fail to see the point as stated. As has been the usage in the Territory for years past, and in accordance with the laws thereof, orders were issued for the holding of the regular Fall muster of the military of the Territory in their respective districts. These orders, were dated August 16th, 1870. Some thirty days after, Governor Shaffer issued his procla- mation prohibiting the holding of musters, drills, etc. In my communication to him, I simply asked him to suspend the operation of that proclamation until the 20th of November, that the Fall musters might be completed-they having already been held in some of the districts-in order that I might comply with the request of the department made through the Adjt .- General's office, for Washington city, asking for the annual return of the militia of Utah Territory, in accordance with the provisions of the Act of Congress (sec. I.), approved March 20th, ISO3. How this can be construed into an attempt to 'nullify' the laws of Congress escapes my penetration, but, on the contrary, it appears to me that the proclama- tion of Governor Shaffer is calculated to produce that result. As to there being any conflict between the laws of the Territory and the laws of Congress, that is mere assertion, incapable of proof.

" As to his allusion respecting what has been said at public meetings, I have to say that public officers, ' Federal officials' included, are supposed to be public property, so far as their official acts are concerned, and subject to the scrutiny of the people. Every man under our Government has the right to free speech, and to express his opinions concerning the acts of public officers-a right, moreover, which is generally indulged in by all parties. I am not aware that President

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Brigham Young has ' denounced the Federal officials of this Territory with bitter vehemence,' or that if he has, I am responsible therefor, or that I should be held responsible for the opinion of any other gentleman in regard to the power of Con- gress to organize a Territorial government.

" I am of the opinion that the people of the Territory, according to the Con- stitution, have the right to bear arms-that the Legislative Assembly had the right to organize the militia-that Congress had the right to declare that the general officers should be elected by the people in such a manner as the respective legisla- tures of the States and Territories may provide by law ; that the Governors of the States and Territories are the commanders in-chief of the militia, the same as the President of the United States is commander-in-chief of the armies and navies of the United States, with generals and admirals under him commanding ; that the military organization of our Territory follows that of the Federal Government more closely, perhaps, than that of any other Territory or State in the Union ; and that governors and commanders-in-chief are as much the creatures of law as any other officers, and while they exercise a higher jurisdiction, they are as amen- able to law as the humblest officer or citizen.

" I will not take up your valuable space, neither will I condescend to make reference to the concluding paragraphs of his letter. My only object has been to vindicate the Legislative Assembly, myself and the people, as to our rights under the law, so unwarrantably assailed in the communication of Governor Shaffer.

Respectfully, " DANIEL II. WELLS."

" ADJUTANT-GENERAL'S OFFICE, U. T., SALT LAKE CITY, Nov. 12th, 1870. " General Orders, No. 2.

" I .- So far as the general musters in various military districts have not al - ready been held, as contemplated in General Orders, No. I, of August 16th, 1870, they are hereby postponed until further orders.

" By order of

" D. H. WELLS,

" Lieut .- Gen. Com'g N. L. Militia, U. T.

H. B CLAWSON,

Adjutant-General, U. T.

Thus was suspended that famous Nauvoo Legion which, in 1857-58, stood against the army of the United States. At the time of this occurrence it num- bered about thirteen thousand men, who were well armed and equipped, and well drilled. First organized by " Joseph, the Prophet," to whom it owes its name, it was subsequently brought in this Territory to a condition of great efficiency by General Wells. Brigham Young was the second lieutenant-general of the Legion, but, after he had sufficiently filled the calling of a prophet-general, in leading his " Latter-day Israel " to the Rocky Mountains, he resigned, and Daniel H. Wells succeeded him. Under this thoroughly military type of man the Legion was per- fected, having, at the time of its suspension, two major-generals, nine brigadier- generals, and twenty-five colonels, with their respective staffs.

Of Governor Shaffer's part in the disbanding of the militia Stenhouse has a very noteworthy passage of history. He says :

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" That was the last official act of Governor Shaffer, and it was solely his own, and not the emanation of a "ring," as charged by the Mormons. He was dictating the last words of the letter as the author entered the Executive office, and there he was lying upon his couch, weak, exhausted, and scarcely able to to speak. ' I have answered their letter, Stenhouse," he said.

"'And I expect, Governor, after the acknowledgment of your authority, you have granted them permission ?'

" 'You think I would ! Stenhouse, if I were not dying, I would get up and whip you. They are traitors, and I only regret that I shall not live to help bring them to justice. Brigham Young has played his game of bluff long enough. I will make him show his hand." * * The Governor died on the last day of October-six weeks after the difficulty had begun ; the militia trouble did not end with his life.

CHAPTER LIV.

CONTEST FOR THE DELEGATE'S SEAT IN CONGRESS. CALL OF THE LIBERAL CENTRAL COMMITTEE. CORINNE CHOSEN FOR THEIR CONVENTION. THE CONVENTION IN SESSION. RESOLUTION TO UPHOLD GOVERNOR SHAFFER. NOMINATION OF MAXWELL. NAMING OF THE PARTY. THE LIBERALS SHAMEFULLY BEATEN, BUT RESOLVED TO SEND THEIR " DELE- GATE" TO CONGRESS, HE BEING CHOSEN FOR THE PURPOSE OF CON- TESTING THE SEAT.

The August election of 1870, gave the Utah Liberal party the opportunity of contesting for the Delegate's seat in Congress. Hon. Wm. H. Hooper was the nominee of the People's party. It was not for a moment thought that any worthy opposition could be made, as regards the relative voting strength of the parties. In 1870 the People's party could poll 20,000 to 1,000 of the opposition. The specific object of the Liberal party in the contest was to create an oppor- tunity to send their nominee to Washington, to contest the seat, and from time to time to send one there, whether victorious or not. Indeed this party from its birth entertained the belief that Congress would, upon some cause, give the seat to the anti-Mormon Delegate, and that Utah never would be admitted as a State, until the absolute political control was placed in their hands. Nothing, however, in 1870, had been conceived by them of so radical a character as the disfranchise- ment of the whole Mormon people, unless some overt act should occur to give the administration the cause to place the Territory under martial law, for which ob- ject the anti-Mormons constantly aimed. The ground of this contest in Wash- ington for Utah's seat was to be made on an accusation against Mr. Hooper of

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disloyalty, having taken part against the Government during the " Buchanan war; " and also as being unfitted as a delegate to Congress, by reason of having taken the " endowment oath."

The aims thus laid down, the Central Committee of the Liberal party issued the following call :

" CONVENTION.

" The citizens of Utah residing within the several counties of said Territory, who are opposed to despotism and tyranny in Utah, and who are in favor of freedom, liberality, progress, and of advancing the material interests of said Ter- ritory, and of separating church from state, are requested to send delegates to meet in convention at Corinne, Utah, on Saturday, July 16th, 1870, at 10 P. M., of said day, to put in nomination a candidate to Congress, to be voted for at the Territorial election to be held on the first Monday in August next.

" By order of the committee, " J. M. ORR, Chairman. " S. KAHN, Secretary, "S. L. City, June 24, 1870."

The reason of the transfer of the political action from Salt Lake City, where the Liberal party was born, to Corinne was a political move well considered by the party managers, and designed for the capture of one of the counties. It was evident from the recent contest, in the municipal election of Salt Lake City, that no effective opposition could be made at the capital. On the other hand Corinne was rising as a Gentile city, and though since nearly a deserted place, its founders believed that it would become the nucleus of the Gentile force, and be not only able to carry Box Elder County, but also to greatly influence the elections in Weber County. Hence the managers of the party selected Corinne as its centre of operations in its first Territorial contest with the People's party, rather than Salt Lake, where it had met such an overwhelming defeat.

The convention met pursuant to call. On motion from Mayor C. H. Hemp- stead of Salt Lake City, General P. Edward Connor was elected temporary chair- man. A permanent organization was quickly effected.

One of the resolutions passed at the convention is very noteworthy :

" Resolved, That in the selection of J. Wilson Shaffer, as Governor of Utah, we recognize an appointment eminently fit and proper ; that his past services in the cause of his country, and his firm, upright, wise and judicious course in this Territory, since he came among us, commend him to the confidence of this con- vention and the people it represents ; and we pledge ourselves to yield to him a continued, unwearied, and we trust efficient support in the performance of his high duties and the enforcement of the laws."

On motion of General Connor, it was adopted with three cheers for Governor Shaffer.

That resolution was made with the knowledge of Governor Shaffer's intention to forbid the yearly muster of the Utah militia, a few weeks later, and to reor- ganize it under his special direction with officers of his own choice, P. Edward Connor being his major-general and Col. Wm. M. Johns his adjutant-general.

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Such a design had been contemplated in the Wade Bill, the Cragin Bill and the Cullom Bill; and at the date of the convention it was known by those in his con- fidence that Governor Shaffer had resolved to reconstruct the Utah militia, setting aside Lient .- General Wells and the rest of the officers elected by the people. This was the meaning of the carrying of the above resolution "with three cheers for Governor Shaffer."

On motion of R. H. Robertson, the convention next proceeded to nominate a candidate for delegate to Congress. General Connor nominated Gen. George R. Maxwell of Salt Lake County ; and on motion of E. P. Johnson the nomina- tion was made unanimous by acclamation, with three cheers.

Before the close of the convention, on motion of E. P. Johnson, the organ- ization was called the " Liberal Political Party of Utah."

The convention adjourned with three cheers.

Having thus perfected their organization, formulated their platform and nom- inated their candidate, the Liberal party opened their campaign in Salt Lake City, on the 19th of July ; for, notwithstanding Corinne had been chosen for pre- liminary business, Salt Lake City alone could afford sufficient sensation for the opening of the campaign.

At the election the vote was overwhelming in favor of Hon. Wm. H. Hooper, who received over 20,000 votes as against a few hundred cast for General Max- well, who, however, contested the seat.

CHAPTER LV.

THE " WOODEN GUN REBELLION." ARREST OF MILITIA OFFICERS FOR AS. SEMBLING THEIR COMPANY. THEY ARE HELD PRISONERS AT CAMP DOUGLAS; EXAMINED BEFORE JUDGE HAWLEY FOR TREASON; COM- MITTED TO THE GRAND JURY FOR TREASON AND PLACED UNDER BONDS- THE GRAND JURY IGNORES THE CASE. THE SERIOUS FACE BEHIND THE EXTRAVAGANZA OF THE " WOODEN GUN REBELLION."

Governor Shaffer was dead, but his proclamation was in force, and that fact speedily led to nearly serious consequences, in the arrest of certain militia officers, their imprisonment at Camp Douglas, and subsequent presentment to the grand jury for treason, as will be seen in the closing passage of Associate Justice Hawley's ruling in the preliminary examination :

" How far the defendants may be guilty, I am not called upon to decide, nor to construe the statutes of this Territory, under which they have been arrested, except so far as to decide that the defendants, however, have probably committed a crime. I shall leave the matter, therefore, to be further considered and investi- gated, and to that end shall leave the defendants to answer to the deliberation of

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History of Salt Lake City, Part 63

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