History of Salt Lake City, Part 72

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

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"Very respectfully, "A. T. AKERMAN, Attorney-General,"

Mr. Bates continued pressing the necessity of means upon the department, showing that Marshal Patrick was not only without means for the purposes re- quired, but had advanced over eight thousand dollars for government use. On this subject the following communication had been received by him :

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"DEPARTMENT OF JUSTICE,

"WASHINGTON, December, 20th, 1871. "George C. Bates, U. S. Attorney, Salt Lake City, Utah.

"SIR-Your letter of the 11th instant is received.

" I am troubled on account of want of funds to carry on the Territorial pros- ecutions. 'The accounting officers of the treasury, adhering to usage, do not feel at liberty to allow the marshal credit for expenditures for prosecutionsunder Territorial law. This is perhaps inconsistent with the just deduction from the recent decis- ions of the judges in Utah.

" As the only thing I can do to help you, I have made the matter the subject of earnest representation to the chairman of the Territorial committees in Con- gress ; and I will communicate to them the contents of your last letter.

"Very respectfully, "A. T. AKERMAN, Attorney . General."

And under date of a week later still another, as follows:

" DEPARTMENT OF JUSTICE,

WASHINGTON, Dec. 27, 1871.

" George C. Bates, Esq., U. S. Attorney, Salt Lake City, Utah :

"SIR-I have received several letters from you on the subject of the ex- penses of the courts of Utah in Territorial prosecutions.

" In consequence of the construction hitherto followed by the accounting officers of the Treasury, I have no power to provide the necessary funds. I have done the only thing that seemed possible in the matter, which was to bring the subject to the attention of the committee on Territories in the two houses of Con- gress and to urge prompt action.

" Very respectfully, "A. T. AKERMAN."

Mr. Bates also addressed a circular letter to senator Trumbull, chairman of the senate judiciary committee, which reads thus :

"U. S. DISTRICT ATTORNEY'S OFFICE, "SALT LAKE CITY, UTAH, Dec. 30th, 1871.

" Hon. Lyman Trumbull, chairman judiciary committee of the Senate:

" SIR-It is my duty, as the United States district attorney for this Territory, to ask, through you, and your committee, advice and instruction upon the fol- lowing points :

"I. Under the decisions of the supreme court of this Territory, ( from which there is no appeal ) all felonies committed within its limits are offenses against United States laws, to be punished only by United States courts, their processes to be levied by the United States marshal, and prosecutions conducted only by me as the United States district attorney ; and, of course, all expenses of the trials must be paid out of the U. S. treasury, if paid at all.

"II. Under the Territorial courts, as such, the officers of the several counties are all Mormons, who it is said, will not punish their fellows or leaders for high crimes at all, and do frequently punish Gentiles unjustly and unfairly ; and so

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unless the United States courts prosecute criminals, anarchy must soon exist here, and neither life nor property will be safe.

.. III. The United States comptroller, disregarding the ruling of our supreme court here, decides that all these offenses are against Territorial laws, to be pun - ished only in Territorial courts by the Territorial officers thereof, and that the United States treasury must not and shall not pay a penny of these costs ; the result of which is that all jurors and witnesses' fees and contingent expenses of these courts for the last year are unpaid, and there is not a cent to pay them for either the past or the future.

"IV. January 9th, 1872, is set by the court for the trial of Brigham Young and others for murders and other crimes, and twenty other criminal causes are assigned for that time; and I, as U. S. district attorney, am required to try these great causes, while there is no money to pay either the jurors, witness fees, or any of the contingent expenses of the court, such as rent, fuel, lights, etc. How can I go to trial without witnesses and jurors? And how can their attendance be se- cured without money ?

"V. A grand jury is required forthwith, in the First District, to investigate several murders, castrations, and other horrid crimes, and a venire is ordered ; but the marshal has no money to serve it, the witnesses and jurors will not come into court unless paid therefor, and we have no money to pay them. What must I do under these circumstances ?

"VI. The United States have no jail, penitentiary or place to keep safely Their criminals, except Camp Douglas, and the cost of keeping them there and transportation to and from the courts makes a rapidly accumulating debt for some one to pay, which already amounts to $15,000, a large part of which has been ad- vanced by the present marshal, and is due now to him, and to jurors and witnessses.

"VHI. Under these circumstances, I see no other course for the Govern- ment to pursue than to provide money instantly to pay all jurors, witnesses and the daily expenses of prosecution of these great crimes, or to order them all dis- missed forthwith from the United States courts. Am I right ? Please answer.

" GEO. C. BATES, "U. S. District Attorney."

The district attorney then read the following letter received from Solicitor General Bristow :

" DEPARTMENT OF JUSTICE, " WASHINGTON, Dec, 25, 1871.

" My Dear Sir :- Your several letters relative to the business of your office have been turned over to the attorney general, with request that he give you all possible support and assistance, which, I am happy to say he will do most cheer- fully. I do not see how the matter of compensation can be satisfactorily adjusted without further legislation. It seems that while your court holds it to be your duty to prosecute parties charged with violations of Territorial statutes, the comp- troller, who settles the accounts of district attorneys and marshals, holds that the United States cannot pay the expenses of such prosecutions under existing statutes. Thus we have a deadlock which no power but Congress can unlock.

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" If it should ever happen that I can serve you, I trust you will not hesitate to command me.

" With my best wishes for your personal and professional success, I am, " Very sincerely, your friend,

"B. H. BRISTOW. " Gen. Geo. C. Bates, Salt Lake City."

In continuation, the district attorney said he believed he was justified in stat- ing that no provisions would be made by the Territorial Legislature to carry on these prosecutions ; and in the name of the attorney general and by his order, he applied for a continuance of these cases until the second Monday in March, by which time it was hoped that Congress will have provided the necessary means to carry on these prosecutions. He also hoped the Territorial Legislature would see the propriety of providing funds in order that their leaders might be vindicated if unjustly accused, and punished, if guilty, of the high crimes charged against them.

He further stated that he was ordered forthwith to report to the attorney general, at Washington, that that official might be fully advised of the condition of affairs here.

The court then announced that all criminal causes and all civil causes to be tried before a jury would be continued until the next regular term of court, com- mencing the second Monday in March.

CHAPTER LXV.

GREAT POLITICAL, MOVEMENTS IN THE CITY IN THE SPRING OF 1872. GOV- ERNOR WOODS VETOES THE STATE CONVENTION BILL. THE PEOPLE ELECT THEIR DELEGATES NOTWITHSTANDING. SALT LAKE COUNTY - ELECTS NINE GENTILES AND TEN MORMONS TO THE CONVENTION. S. SHARP WALKER DECLINES. ARRIVAL OF THE JAPANESE EMBASSY. THE CITY PAYS HOMAGE TO THE ANCIENT EMPIRE. GRAND RECEPTIONS OF THE EMBASSY.

In the spring of 1872, political movements were made and a series of political events occurred, the most interesting yet developed in the whole of Utah's politi- cal career. It was in the action of the old leaders of the community, combined with certain influential Gentile politicians and statesmen, to organize a State with such a constitution as might be acceptable to Congress-indeed a State constructed upon such a model plan, and inspired with so true an American genius, as actually to provoke the admiration of members of Congress and induce admission to the Union. Not in the whole history of State founding in America has there been

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work better wrought than was that of the Utah State convention in the beginning of the year 1872; and, had it been allowed to stand, it would have legitimately solved the Utah problem. Moreover the movement would have given a fair dis- tribution of the functions and emoluments of the State into the hands of the Gentiles-given to them in fact more than their due share, by the very will and consent of the majority, for not only was it designed to endow them with some of the highest and best offices in the State, but to send to congress two Gentiles and one Mormon. Of course the whole family of "carpet- baggers " would have been disposed of, and political adventurers and anti-Mormon disturbers would have lost their day of opportunities in the virgin State.

The initial action for the State was in the passage by the legislature, then in session, of the Convention Bill, but which was disposed of by the veto of Gov- ernor Woods.

The veto was expected, and the people fell back upon the primary, which is the proper origin of constitutional government and State work.

On the 3rd of February, 1872, a mass meeting of citizens was held in the old tabernacle to nominate candidates for the State convention, Mayor Daniel H. Wells on behalf of the committee appointed by the meeting to select names, reported : Orson Pratt, David E. Buell, Wm. Hayden, Albert Carrington, Aurelius Miner, Thomas P. Akers, Thomas Fitch, John Sharp, P. Edward Conner, A. P. Rock . wood, Reuben Miller, E. D. Hoge, Wm. Jennings, Frank Fuller, Geo. Q. Cannon, S. Sharp Walker, John T. Caine, Z. Snow and Hadley D. Johnson. These names , being put to the meeting by the chairman were elected by acclamation. Of these nineteen delegates for Salt Lake County, ten were Mormons and nine Gentiles. Hon. Thomas Fitch, being called for, made a stirring speech. He said :

" It had once before been his fortune to receive a nomination for delegate to a convention to form a State constitution. That was in Nevada, and the pros- pects of a State goverment there, at that time, looked less promising than they do here now. The people of Nevada but a short time before had voted down a State constitution almost unanimously, and the convention met, with the the press ridi . culing it and the people advising its members to adjourn and go home. And yet in a few short months, a revolution in public sentiment was effected and the people by an immense majority, voted to adopt a State government. They felt unable to endure the expense, but they felt more unable to endure the rotten Territorial courts. They made a sacrifice in order to attain self-government. What conces- sions or surrenders the people of Utah might elect to make in order to have the privilege of choosing all their officers, he would not venture to predict, but this movement for a State government was an earnest movement and not a mere farce as had sometimes been said.

" The Potter amendment to the apportionment bill did not disturb him. Congress had been known to repeal its laws, to change its mind, to vote on Mon- day, as an abstract proposition that it would not pass any law of a certain class, and on the succeeding Friday pass such a law. The law prohibiting the admis- sion of new States with less than a representative population did not go into effect until March, 1873. Utah might be admitted before that time, or upon a census being taken it might be demonstrated that she had the population.

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" He said in conclusion, that he wished no person to vote for him as delegate under a misapprehension. If elected he would give his earnest effort toward framing a constitution of State government that should recognize the toils and sac- rifices and services, and protect the rights and interests of the pioneers, who had built up a prosperous community in the wilderness ; but he would also have that constitution provide for the necessities and interests of young, progressive Utah. He would endeavor, if elected, to help frame a constitution that should assimilate the social and political life of Utah to that of all the other States; and that would aid to render her institutions homogeneous with theirs."

These utterances of the Hon. Thomas Fitch, who had served the State of Ne- vada in Congress, signified, for himself and Gentile compeers, that they were not about to engage in the work of setting up a " Mormon State," nor an anti-Mor- mon or Gentile State, but a proper American State.

Mr. S. Sharp Walker, whom the Liberal party at that moment hastened to place on their municipal ticket for mayor of Salt Lake City, published in the Tribune his card

"TO THE PUBLIC.

" Being entirely opposed to the admission of Utah as a State at the present time, I respectfully decline to take any part in the convention.

" S. SHARP WALKER."

General Barnum was substituted, but as the precincts in other parts of Salt Lake County could hardly be aware of Mr. Walker's declination, the election being so close after the nomination, it was doubtful, before the returns came in, which of the gentlemen would be elected ; the returns, however, from twelve of the precincts of the county gave to E. M. Barnum 2,035, S. Sharp Walker 1, 747. The total for the State in these precincts was 3,803 and one against it. The anti-State, or Liberal party, cast no vote on the question. Orson Pratt received the 3,803 votes, so did Judge Haydon, John T. Caine, and Hadley D. Johnson ; Thomas Fitch 3,798 ; P. Edward Connor 3,791.

The political action of the time was pleasantly relieved by the arrival in our city of princely representatives of the ancient empire of Japan, accompanied by U. S. Minister, De Long.

The committee of reception appointed by the city authorities to meet and welcome the Japanese embassy proceeded to Ogden by special train on Sunday morning, February 4th, reaching there before 8 o'clock. About 9 o'clock the embassy arrived, and after breakfast the formal introduction took place, Judge Haydon on the part of the committee announcing that they met the embassy in the name of the chief magistrate and civil authorities of Salt Lake City to tender them welcome. Prince Iwakura briefly responded, saying he had heard of the pro- gress made of the people of Salt Lake, and was pleased at the opportunity of seeing the city. Similar compliments passed between the committee and Hon. Charles E. De Long, U. S. Ambassador of Japan. The embassy and committee entered the cars of the Utah Central and arrived in the city about noon, when they pro- ceeded to the Townsend House.

According to published notice the Japanese Embassy held a levee on Tuesday

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morning, Feb. 6th, in the City Hall. Shortly before 11 o'clock, Mayor Wells and some of the reception committee proceeded from the City Hall in carriages and met the embassy, with whom they returned and conducted to the room occu- pied by the House of Representatives, while the numerous officials and gentle- men to be presented remained in the Council Chamber until the embassy were stated, when they were ushered in by the committee on reception.

Mayor Wells then read the following address :

" To your excellency Sionii Tomomi Iwakura, ambassador extraordinary from the court of Japan, and Jussammi Takayossi Kido, Suseammi Tossimitis Okuba, Jushie Hirobumi Ito and Jushie Massouka Yamagutsi, vice ambassadors :

" In behalf of the people of Salt Lake City, we extend to you, as the hon- ored representatives of a friendly nation, a cordial welcome to our midst.

" You will not find here those palaces of industry and trade which elsewhere on your journey will excite your attention and admiration ; for this is a commu- nity of pioneers, dwelling in the heart of the North American continent, and its life and achievements have been wrested from the desert during the last twenty- five years.

" Our warmest greeting is at your disposal. We have heard of your ancient and populous empire with its wonderful history. In welcoming you, we greet not merely the honored ambassadors of a great nation, but the representatives of a policy which, we understand, seeks to surmount former barriers of exclusiveness and to place your country in relations of commercial and diplomatic intimacy with our own. Be pleased to receive again the assurances of our warmest welcome and most distinguished regard.

" In behalf of the authorities and citizens of Salt Lake City : DANIEL H. WELLS, Mayor.

"S. W. RICHARDS, THEO. MCKEAN, GEORGE Q. CANNON: JOHN T. CAINE, "W'M. HAYDON, THOMAS FITCH, WM. JENNINGS, JOHN SHARP,

" Committee."

Prince Iwakura, the chief ambassador, through indisposition, not being pres- ent, Vice-Ambassador Kido responded through Minister DeLong, and said :

" The members of the embassy desire to express their thanks for the kind re- ception which has been extended to them, and they hope to ever retain and main- tain the friendly feeling which now exists between them and yourselves. They re- gret, exceedingly, that the chief ambassador is unable to be here to day, and he desires to express to you, through me, that his inability to be present has deprived him of a great pleasure. He still hopes, before his departure from the city to be able to meet with you, but if he should be unable to do so he wishes that his views may be understood."

The introductions then commenced, Mayor Wells introducing Gov. Woods, who in turn continued the ceremony to the different Federal officials, and General Morrow presented the officers of the garrison at Camp Douglas ; then followed the presentation of the members of the Legislature, city and county officers and promi- nent citizens.

After leaving the City Hall, the embassy, on invitation, proceeded to the mansion of Hon. Wm. Jennings and partook of refreshments. They next went

HISTORY OF SALT LAKE CITY. 561

to the new tabernacle inspected the building and was highly pleased with the organ, which the builder, Professor Ridges, played, that they might appreciate its magnifi- cent capacity and quality. The embassy then called upon President Brigham Young and had a pleasant interview, which lasted some time. At night the party attended the city theatre.

The next day on invitation of General Henry A. Morrow, the embassy, Governor Woods, the Territorial Legislature, the Federal officials, Mayor Wells, and a large number of other officials and prominent citizens paid a visit to Camp Douglas, where they were received by an artillery salute in honor of the embassy and one in honor of Minister DeLong. General Morrow and staff, accompanied by General Yamada, of the Japanese imperial army, then inspected the troops. After the review the distinguished visitors proceeded to General Morrow's quar- ters, where the Chief Ambassador Iwakura, who was able to attend, held a recep- tion. General Morrow, in an eloquent speech, welcomed the embassy, as the rep- resentatives of a great and ancient empire ; and congratulated Minister DeLong upon the success which had attended him in his official position.

Mayor Wells was the next speaker, and in a few appropriate remarks expressed his gratification on the meeting of so many representatives of one of the youngest and most vigorous, and one of the oldest and most famous of nations.

Governor Woods, and Mr. Lorenzo Snow, President of the Council branch of the Legislature, also spoke, and then Minister DeLong responded in behalf of the embassy. He regretted, he said, that the chief ambassador could not speak to them in their own language, for he was a great and a good man, an advocate and exponent of broad and progressive ideas ; one who could appreciate the labors of the pioneers, before which the civilization of Asia had to give way."

A complimentary dinner was given by the ambassadors from Japan " on the first day of the fifth year of the reign of his Majesty, the Emperor of Japan," at the Townsend House, Feb. 9th, 1872. Besides the reception committee of the city, which met the embassy, there were a number of prominent citizens present.

Selecting such an occasion as the first day of their year for entertaining their guests was the highest honor which these Japanese dignitaries could confer upon the city.

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CHAPTER LAVI.

THE STATE CONVENTION AT WORK. THE CONSTITUTION OF NEVADA PRE-

FERRED AS A BASIS. GENERAL CONNOR DECLINES HIS ELECTION AS DELEGATE. JUDGE HAYDON OPPOSES THE STATE AND MOVES THAT THE CONVENTION ADJOURN SINE DIE. HON. THOMAS FITCH'S REMARKABLE SPEECH FOR THE STATE, IN WHICH HIE REHEARSES THE HISTORY OF THE JUDICIAL, PROCEEDINGS IN THE U. S. COURTS OF THE TERRITORY OF THAT PERIOD, AND APPEALS TO HIS MORMON COLLEAGUES TO ABOL. ISH POLYGAMY,

On Monday, February 19th, 1872, a large number of the delegates elect as- sembled in the City Hall. Orson Pratt called the convention to order, and nom- inated Hon. Lorenzo Snow as president pro tem, who was unanimously elected.

The business of credentials over and the oath administered to the members, General E. M. Barnum was elected permanent president of the convention, and was escorted to the president's desk by Hons. Thomas Fitch and Frank Fuller.

Officers were next elected and pending the election of chaplain, Mr. Fitch offered a resolution that a committee be appointed by the president to wait, upon clergymen of each religious denomination in the city to attend the convention each day, in turn, and offer prayer at the opening of the proceedings. The reso- lution was adopted.

Soon afterwards came a discussion on the basis of the constitution,-Mr. Miner recommended that of Illinois, adopted in 1870; Mr. Fitch that of Nevada. Finally Mr. Fitch's resolution was carried and the constitution of Nevada chosen as a basis.

Thirteen standing committees were appointed and then a communication was received announcing that Gen. P. Edward Connor had declined the election as delegate to the convention on the ground that he had been and is still a resident of the State of California, and consequently is not eligible to serve ; and tendered his thanks for the confidence reposed in him as evinced by his election.

Judge Wm. Haydon of Salt Lake County, then moved that the convention adjourn sine die. He had been elected a delegate without being consulted and without his consent ; and he was opposed to a State government.

Col. Akers said, he also had been elected without being consulted, but fur- ther than that he could not say anything in favor of the resolution. He did not propose to make a lengthy specch, but he thought Judge Haydon's position should be met by a show of reasons why Utah should have a State government; for if any Territory required a State government at the present time it was Utah. One thing would be secured by it-a harmonized judiciary. He did not undertake to hold the balance between the Federal and Territorial judiciary, nor to say which was right; but with their wranglings the law was falling into contempt. He proceeded

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to advocate the necessity of the law being honored, saying where the judiciary itself pursues a course to bring it into contempt it strikes the severest blow against right and justice. A State government would infuse life into every industry of Utah. A man did not feel himself half a man until he enjoyed the right of self- government, which the citizens of the Territories, and especially of a Territory where the law is administered as in Utah, do not enjoy. The unparalleled devel- opment of the United States is due to the fact that its citizens are freemen, and as such put forth all their energies for progress and advancement. Utah has pop- ulation enough ; more than any new State admitted for the last decade has had ; and the new apportionment bill of Congress does not take effect until 1873. The great secret of the opposition to Utah becoming a State was that the Mormon people would have control of it. He held that a constitution might be framed, embodying a provision acceptable to Congress, and Utah be admitted with a Con- gressional compromise, as was the case with Missouri when it was admitted into the Union.

Col. Buell was in favor of Utah having a State government because he be- lieved it would give us peace at home and character abroad.

Mr. Fitch desired to give, at some length, his reasons why Utah should be- come a State, but postponed till the next meeting of the convention.

On the next day's session, the convention resumed the consideration of the motion of Judge Haydon, of yesterday, that this convention do now adjourn sine die.

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History of Salt Lake City, Part 72

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