History of Salt Lake City, Part 64

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

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a grand jury. I will fix the bail bond in the case of the higher grade of officers at the sum of $5,000, and the lesser $2,000.

This military episode in the history of Salt Lake City is usually treated in the extragavanza style of " The Wooden Gun Rebellion ;" but it cannot be so con- sidered in legitimate history. In fine it was a capital circumstance, most serious and significant in its direct intents, and in its relations to other vital matters then pending, the very issues of which waited a development which was thus precipitated.

There was involved in the circumstance, on the one hand, the Constitutional right of the people of this Territory to bear arms, and of their Legislature to organize and regulate a militia for the protection of the country, and the public weal, as prescribed by their legislative enactments. On the other hand, there was an assumption of an extraordinary power, inhering in the Governor, to set aside and supersede the control of the Legislature in the affairs of the militia, and to abolish the organization which that Legislature had created for the protection of the Utah colonies. Indeed, on this hand, it involved all contained in the unpassed bills of Senators Wade and Cragin, relative to our Territorial militia, the sec- tions of which may be pertinently repeated, as they connect here with the actual history :

" 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 sub- ject to a fine not exceeding one thousand dollars, and imprisoned in the peniten- tiary not exceeding one year, or both such fine and imprisonment at the discre- tion of the Court.

" And be it further enacted, that the militia of said Territory shall be organ- ized and disciplined in such manner and at such times as the Governor of said Territory shall direct. And all the officers thereof shall be appointed and com- missioned by the Governor. As commander-in-chief the Governor 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 num- ber of men enrolled, and their condition, the state of discipline, and the number and description of arms belonging to each company, division or organized body. Aliens shall not be enrolled and mustered into the militia.

" And be it further enacted, that all commissions and appointments civil and military, heretofore made or issued, or which may be made or issued before the Ist day of January, 1867, (or in this case at the date of Governor Shaffer's proc- lamation) shall cease and determine on that day, and shall have no effect or va- lidity thereafter."

Had these bills passed the two houses of Congress, it would still have been an important constitutional question for the Supreme Court of the United States to decide, whether or not, even with an act of Congress, such extraordinary powers could be properly conferred upon the Governor, setting aside the local legislature and all its enactments in the matter ; or at least whether or not this

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could be done until the Territory had been first declared by the President and Congress to be in an actual state of rebellion. In such a case, either the regular army, or the militia of the Territory, would be properly ordered, as a posse com- itatus of the Governor, by which to execute the special purposes of the general Government concerning said Territory.

But without such acts of Congress, or the existence of such a condition of rebellion, Governor Shaffer had assumed all these extraordinary powers, super- seding the Territorial Legislature by arbitrary will, and further by proclamation attempted to create a military despotism.

In the correspondence between Governor Shaffer and Lieut .- General Wells, the Governor had said :

" 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."

And Lieut .- General Wells had replied through the Deseret News:

" That which he (Governor Shaffer) 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, February 5th, 1852, and not transported from Illinois as stated by Governor Shaffer. I am of the opinion that the people of the Territory, according to the Constitution, 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 legislatures of the States and Territories may provide by law; that the governors of the States and Territories are 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 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 the law as any other officers, and while they exercise a higher jurisdiction, they are as amenable to law as the humblest officer or citizen."

But notwithstanding that Lieut .- General Wells and the Utah Legislature held the constitutional right of the question, and that Governor Shaffer had assumed powers which did not lawfully belong to his office, he had practically, by a mili- tary coup de main, set aside the Legislature and suspended the militia.

Disobedience of the Governor's proclamation, and any attempt to muster in the various military districts, would be construed by the Federal officials as overt acts of rebellion to the United States authority. 'To reach such a construc- tion of the case was the very object of the proclamations.

Governor Shaffer was dead ; but his proclamation remained in force; while Vernon H. Vaughn, the former Secretary of the Territory, whose name was also to the proclamation, was now Governor of the Territory ; and George A. Black, who came to Utah as Shaffer's private secretary, was now Secretary of the Terri- tory. With these Federal officers in the succession, the proclamation of the dead

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Governor was like an inheritance in their hands. Thus stood the case on the side of the Federal officers.

On the other hand the members of the Legislature, the old officers of the militia, and the mass of the citizens throughout the Territory regarded the late Governor Shaffer's acts, and exercised powers, in relation to the militia as unlaw - ful and usurpation, subversive at once of the citizen's constitutional right, and also his duty to the State to bear arms, and subversive of the powers and functions of the Territorial commonwealth.

In such a view of the case it was, to say the least, very proper in the citizens to test the matter by some method, in the hope, perhaps, that the obstruction had been removed ; for evidently Governor Vaughn, living, could reverse the action of Governor Shaffer, dead. All the Governors of Utah up to Shaffer's time had recognized the Utah militia, not only as a proper and lawful organization, but one which had from the beginning been necessary to the safeguard of the Terri- tory ; while President Lincoln had, in 1862, directly called upon a portion of that militia to aid the Government in the protection of the Overland Mail route ; and, less than eighteen months previous to the date of Governor Shaffer's procla- mation, the Secretary of War had submitted to the House of Representatives the report of the adjutant-general of the Utah militia, relative to the employment of that militia by the Federal officers-Governor and Indian Agent-and that too by the direction of the War Department, for the suppresssion of Indian hostilities during the years 1865, 1866, and 1867. It simply needed now that Governor Vaughn should take the proper and legal view, -that this local military organiza- tion was the natural and properly constituted militia of a Territory, rather than a posse comitatus of the Governor, to restore that militia to its former footing.

Hence came the test of the " Wooden Gun Rebellion," to see in which of these lights the new Governor would view the military organization of the Terri- tory. However like an extravaganza on the outside, the affair possessed a very solid and constitutional inside.

The militia serio-comedy came thus: Certain of the officers of companies and regiments, without the action of their commanding officers or an order from the lieutenant-general, decided to have a sort of an unofficial re-union of their companies, in the absence of the yearly muster. Evidently this was to feel the way for the coming year, without a violent shock to the dead Governor's proclama- tion, which would itself also be defunct, unless continued in force by the action of the new Governor, seeing the proclamation was based upon no act of Con- gress, nor upon any constitutional ground.

But the popular version of the affair ran thus : The band of the 3rd regi- ment had just received some new instruments from the East; and the jubilant musicians invited the men of their regiment to turn out and hear a musical per- formance, and to glorify the occasion by an accompanying drill. On November 2Ist, 1870, the citizen soldiers in question met at the Twentieth Ward School- house, in which ward most of the regiment resided, but without the order or presence of their colonel. It was said, they " had a very pleasant time to- gether, and were all exceedingly pleased with the music of the band and also with their own evolutions." Meantime the news was heard "down town," and Mr.

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Secretary Black, with two deputy marshals, hastened up to the scene of the " re- bellion." Immediately after the dismissal of the regiment, a warrant was issued by Judge Hawley for the arrest of eight of the officers of the regiment, who were brought before his honor and examined on the charge of treason. The court ap- pointed a prosecuting attorney, who opened the case by reading Section two of an act passed by Congress, "to suppress insurrection, to punish treason and re- bellion, to seize and confiscate the property of rebels and for other purposes," which reads :

"And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid or comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by an imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by a liberation of all his slaves, if any he have; or by both of said punish- ments, at the discretion of the Court."

" But the U. S. prosecutor was brought to a pause and his full period reached on the "dollars." He seemed to appreciate that the "liberation of all his slaves" was slightly inapplicable to this case, though both the prosecutor and the Court clearly saw the fittest political and legal application of the rest of the section to the drill in the Twentieth Ward, Salt Lake City. The following report of the examination, however, will be sufficient to unveil to a coming generation the for- midable "insurrection against the authority of the United States," which occurred in "said Twentieth Ward, on the 21st of November, 1870:

" R. Keyes examined by Mr. Maxwell :-

" Where do you live? In Salt Lake City. Where were you on the morning of the 27th of November? In this city, at the court room. Were you at the 'Twentieth Ward Schoolhouse during the day? Yes, sir. What did you see there? I saw a company of men drilling there. How were they equipped, had they guns? Yes, sir, Can you identify any of them? Yes, sir ; I can identify Mr. Burt, Mr. Ottinger, Mr. Phillips, the two Livingstones, -Charles and Archibald, -Mr. Savage, Mr. Graham and Mr. Fennamore.

" Cross-examined by Judge Snow :-

" What time were you there? Between eleven and twelve o'clock in the fore- noon. You saw those men there? Yes, sir. You saw them drilling? Yes, sir. Had they any music? Yes, sir. Any uniform? Yes, sir. I believe all the officers were in uniform. Who were the officers? Mr. Ottinger was giving com- mand when I was there. I don't know whether he was an officer or not. What others were there? Mr. Burt. Was Mr. Burt an officer ? I don't know. Any others? Mr. Phillips. Do you know whether he was an officer? Don't know any more than the rest. Mr. Savage, the two Livingstones, Mr. Graham the same. Mr. Fennamore had a gun, and should judge he was a corporal from the number of stripes on his clothes. How long were you there ? About ten minutes. Did you talk with any of those present? With Mr. Savage ? Any other ? No. Was there any boisterousness there ? Not any in the least. What kind of music had they? Martial. Did you observe whether the uniform was

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new or old ? It was very nice uniform. I could not see whether it was new or old. Was there any drunkenness? No, sir. You did not see any liquor on the ground? No, sir. Do you know how long they kept it up? I was there ten minutes, and rode on a block or two beyond, and as I came back they were just dismissing. You went up after Court adjourned here? Yes, sir. You remained there ten minutes? Yes, sir. How long were you gone before you went back ? It could not exceed ten minutes. You were not there over twenty minutes? No, sir. When they dismissed did they march off in different directions ? Yes; one company marched off down Brigham Street, another west of the building. When you went there did you command them to dismiss? No, sir. Did you see any women and children there? Yes, sir, there were a good many looking on, both women and children. Did you see any women and children in the ranks ? No, sir. Were there not as many women and children as men there? Could not say. Did you see any flags there ? Yes, sir. What kind of flags? My impression was that they were the "stars and stripes." Were they dressed in United States uniform? I don't know that I know the United States uniform. They had hats with plumes, swords, etc. Did you ever attend musters in the States ? Yes, sir. Was this any different to them in any way ? (Objected to by Maxwell). Judge Snow claimed to show its legitimate bearing, and that there was nothing done contrary to the laws of the United States. (Allowed to pass). In the States we are ordered out. I did not see anything different. Did you wear glasses on your face. I always wear them, and I believe I can discern a person with them as well as a person who does not wear them.

" Re-examined by Mr. Maxwell :-

" Describe the uniform of Mr. Ottinger, as to its marks and insignia ? I was not near enough to recognize the shoulder strap. He had a blue coat, brass buttons, a black hat and a black plume. How many men were there in the ranks ? (Question objected to, but allowed by the court) I guess there were a hundred. How many boys and women surrounding ? Probably one hundred and fifty. How many women ? I took but very little notice, there were a good many children. What was the conversation you had with Mr. Savage? As I came back I met Mr. Savage coming across. I spoke to him and said, 'You have got through?' He said 'Yes.' I then discovered that the band was composed of boys, and said, ' You have a young band ?' He said, 'yes, that band, a year ago could not play a note.' There was a lot of boys with wooden guns, and he said they were going to have a drill. That was the substance of it. " George A. Black, examined by Mr. Maxwell :-

" You are Secretary of this Territory ? I am. You were present at the mus- ter ? Yes. What time was it ? I judge it was about ro o'clock. Will you state what you saw ? I saw a number of men drilling. I should judge there were 300 They were armed and equipped with various kinds of guns, muskets and carbines. Do you know any of these men, can you recognize them ? I can. Witness iden- tified Mr. Philips, Mr. Charles Livingstone, Mr. Ottinger, Captain Burt and Mr. Graham. What were they doing particularly ? They were going through the regular military drill. Did you notice the uniform these men wore, if so de- scribe the uniform of Mr Ottinger ? On his coat he had shoulder straps, a sword, a hat and black feather in it.

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"Cross-examined by Judge Snow :-

" Where do you reside ? In Salt Lake City. How long have you been here? Seven months the 27th day of this month. You said you were up in the 20th Ward, what time did you go there ? About II o'clock. Have you any means of knowing the precise time ? I have not, it was after 10 and before 12 o'clock. How came you to go there? I heard there was a drill up there. Are you ac- quainted with costume in the States? Yes, sir. The uniform was alike, with the exception of the hat. I never saw a Colonel wear a hat like Mr. Ottin- ger wore. What is the difference in head-dress? They usually wear a cap. Do they wear a feather ? I never saw one with a feather in it. Have you ever been in the army ? Yes, sir. Did you ever see a military officer wear a hat ? I never did. Did you ever see them on dress parade? Yes, sir. What is the difference of dress parade and fatigue ? When on dress parade they appear in full dress and when on fatigue they go around loosely. There were about 300 there? Yes, sir. How long did you remain there ? Fifteen minutes at least. What did you do after the fifteen minutes expired ? Turned round

and came down town. Where were the men then? Still drilling. Did

you see any of the men after ? I did in the afternoon. You don't know what time they left ? I do not. Nor how long they were there? No, sir. Did you see Mr. Keyes there? I did not. I saw him when I was coming back, when about half way between that place and the post office. Were you afoot ? I was in a buggy, and Mr. Keyes was on horseback. Did you come tolerably fast ? Not very, and he was riding on a slow lope. Did you see any women and children there ? I did. A goodly number ? Probably 15 or 20. There were a good many children I did not notice any women. Did you see anything disorderly there? No, sir. Any drinking? I did not. Did you hear any cursing? No, sir. All was order, quiet and peace? Yes, sir. Did you see any flag there ? I did. I think it was the American flag. Don't you know that it was? I did not go up to examine it. I took it to be the American flag.

" Cross-examined by Mr. Maxwell :-

" What munitions of war did these men have? I noticed they had old mus- kets principally; some of them had carbines, and a number had cartridge boxes; the officers had swords."

The ruling of Judge Hawley is immaterial to the history; further than to note that he applied the section quoted, and passed the prisoners over to the Grand Jury on the charge of rebellion, Governor Shaffer's proclamation forming the groundwork of their " treason," "insurrection," "inciting to insurrec- tion," etc.

But no Grand Jury ever found bills against these citizen soldiers of the Twentieth Ward, whose devoted officers remain under bonds to this day.

Indeed the case was supremely ridiculous, even farcical, hence all classes styled the affair, the " Wooden Gun Rebellion," by which name it will be per- jetuated, with its suggestiveness marked.

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CHAPTER LVI.

THE TWO CELEBRATIONS OF THE FOURTH OF JULY, 1871. RESOLUTIONS OF THE GENTILE COMMITTEE ADDRESSED TO THE CITY COUNCIL. ANSWER OF THE MAYOR. THE RUPTURE. GRAND PREPARATIONS ON BOTH SIDES. PROCLAMATION OF ACTING-GOVERNOR BLACK FORBIDDING

MILITIA COMPANIES TO MARCH IN THE PROCESSION. GENERAL DE TROBRIAND WITH HIS TROOPS ORDERED OUT. NOTES OF THE GRAND DAY.

The celebration of the 4th of July, 1871, gave a fitting culmination to the affairs of the past year, 1870.

Early in June the non-Mormons of Salt Lake City, who had heretofore taken prominent parts with the city authorities in the celebrations of the Fourth, and Twenty-fourth, took active steps for a grand celebration of the National birthday, of 1871, on their own account. But at the onset a spirit was manifested on both sides if possible to unite, whereupon a committee was appointed by the city coun - cil to confer with the non-Mormon committee relative to the matter.

On the Ioth of June, the committee of the concil met the non-Mormon com- mittee at the office of Col. Buell to consult. After a free exchange of views, it was ascertained that the committee from the city was not empowered to enter into any arrangements of a final nature ; whereupon the subjoined preamble and reso- lutions were passed :

" Whereas, At a meeting for conference this day held by and between a com- mittee appointed by many citizens of Salt Lake City, to make arrangements for the proper celebration of the coming Fourth of July, and a part of the committee appointed by the city council, it has become apparent that seperate programmes were likely to be adopted by the respective committees ; and

" Whereas, It is desirable that harmony and unanimity should prevail in the celebration of the Nation's birthday on the broad platform of American citizen- ship and honor to the flag; therefore, be it unanimously

" Resolved, That the city council be and is hereby respectfully requested to authorize its committee, or in its wisdom appoint a new committee, to meet a like committee from the citizens already appointed, with full authority to confer, con- cert and adopt proper means to ensure, if possible, a single and harmonious cele- bration of the coming Fourth of July, irrespective of any and all action hereto- fore taken by either of the aforesaid committees.

" Resolved, That the chairman and Secretary of this meeting be requested to transmit, through the committee of the city council, a copy of these resolu-

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tions to the Mayor and common council, and that this meeting adjourn to meet again on Wednesday, the 14th instant, at 10 o'clock a.m., at Col. Buell's office.

" GEO. L. WOODS, Chairman. " GEO. R. MAXWELL, Secretary. "SALT LAKE CITY, June 10, 1871."

Both committees exhibited a commendable spirit of conciliation, and a desire for complete harmony in arranging the preliminaries for a splendid celebration, which could be participated in by all classes and all sects.

In answer the following resolutions were transmitted by Mayor Wells to Governor Woods :-

" Whereas, the city council of Salt Lake City, according to usual custom, have appointed a committee of arrangements for the celebration of the 4th prox., who are deemed by them ample in number and fully competent in ability for the occasion; and,

" Whercas, said committee have already made considerable progress in organizing the citizen element for that event, without any apparent want of wisdom or energy to provide for the entire community in its most liberal demands, and in which all are invited to participate; therefore be it

" Resolved by the city council of Salt Lake City, that it is deemed un- necessary and, under the circumstances, unjust, either to set aside the present com- mittee, or otherwise to interrupt the advanced state of their labors which might jeopardize the approaching celebration by the mass of the people, believing that we have through them provided liberal and ample provisions for all who desire to celebrate the anniversary of our nation's birthday."

" I certify the foregoing is a true copy of a Resolution passed by the city council, June 12, 1871.

"ROBERT CAMPBELL, "City Recorder."

The non-Mormon committee were highly indignant with the city authorities, and the Salt Lake Tribune, which had now fairly become the organ of the Anti- Mormon party, voiced the indignation and intention of its party on the occasion.

Ample preparations were made on the non-Mormon side to make their cele- bration worthy the day and themselves, in contradistinction to the celebration by the Mormon community. These preliminary arrangements having been made, the following was issued to the miners of the Territory .

" MINERS, ATTENTION !

" The miners of Utah have learned ere this from the columns of The Salt Lake Tribune, that the Mormon city council of this city, acting upon their old principle of participating in nothing unless they can be masters and dictators of the whole affair, have declined the offer of compromise extended to them by the liberal citizens of this place to participate in a Fourth of July celebration. They have also learned that the supporters of republican institutions in this Territory determined to maintain their independence of priestly dictation, have resolved to get up a celebration of their own worthy of the occasion, and of the cause which they represent.

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History of Salt Lake City, Part 64

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