History of Salt Lake City, Part 80

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

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Arrived at the penitentiary, President Young was locked in the only cell at the institution, with a dozen or more convicted criminals, and men awaiting trial for alleged crimes. However, he was held in that place only a short time, when he was furnished a room attached to the warden's quarters, where he spent the night. Many of the President's friends drove out to the penitentiary in the after- noon and a considerable number remained in the vicinity all night. President Young's prison quarters were comparatively comfortable, and he was treated by Dr. Smith with such courtesies as were consistent with the gentleman's official duties, and the circumstances of the case would permit.

On Friday, March 12th, 1875, at the expiration of " the day " the doors of the penitentiary were thrown open, and the founder of Salt Lake City walked out a free man. He was escorted to the city by a number of friends who went out to see him.

When the news of the incarceration of Brigham Young in the penitentiary spread throughout the city there was considerable excitement, but not the slighest demonstration of violent resistance to the judicial tyranny on the part of any one, none going farther than to express indignation at the course of Judge Mckean in imprisoning a man of seventy-four years of age and in feeble health, for so slight an offense, when none was intended, as the defendant's counsel had shown. Out- side of a certain clique, the act of sending Brigham Young to the penitentiary on an iniquitious suit, which he, the judge, had fostered, was denounced as an un- paralleled outrage. The intelligent portion of the community-even those openly opposed to the religious system of which Brigham Young was the head-were unanimous in the verdict that though MeKean may have been technically justified by the law, he was guilty of an unchristianlike and unfeeling act.

But James B. Mckean had at length provoked his own doom : and the thun- derbolt came from the hand of the man who had appointed him, and who had upheld him so long. The following telegram called the "Halleujah," from the pent up hearts of a hundred and fifty thousand Utah people.

" Washington 16 .- The President has nominated Isaac C. Parker of Mis- souri, chief justice of Utah, vice Mckean ; and Oliver A. Patten, of West Vir- ginia, register of the land office at Salt Lake City. The nomination of ex-Con - gressman Parker, of Missouri, to be chief justice of Utah, involves the removal of Judge Mckean, but does not indicate any change in the policy of the admin- tration regarding the question of polygamy. The removal and that of the present register of the land office in Salt Lake, are caused by what the President deems the fanatical and extreme conduct on the part of these officers as evidenced by their violent attacks on Governor Axtell and certain senators who recommended his appointment, and by several acts of McKean which are considered ill- advised, tyrannical and in excess of his powers as judge."

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Here may be supplemented several clippings from the reviews of influential papers of America of the fated cause that brought Judge McKean himself to judg- ment. The New York Post said :

" After more than six months' deep study his Honor, Chief Justice Mckean has given his decision in the case of 'Ann Eliza against Brigham Young,' for ali- mony pendente lite for divorce. It is embraced in two closely printed columns of a Salt Lake newspaper, which a correspondent, who sends us a copy of it, writes that he confesses his inability to comprehend. But therein the judge evinces his wisdom. If his opinion were written in the language of the Utes or Sioux he could not be so successful in disguising his reasoning, those aboriginal tongues not being adapted to the concealinent of thought by verbiage. Only one thing is clear-that is, that the plaintiff is to have her law expenses paid and $500 monthly alimony pendente lite. Thus in order to deplete Brigham's bank account the judge repudiates his own principles and infringe upon the law against polygamy, which he has heretofore so strenuously maintained. By this law a man can have but one wife. Brigham Young fought his case ' on this line,' proving that he was married to Mary Ann Angell, his still living wife, on January 10, 1834. By the law of Congress made especially for Utah, and by the common law of the land, any other woman taken by him to his bed and board after his first legal marriage is not his wife. This is the very point that Judge Mckean has heretofore considered it his special mission to establish.

" But now comes Mrs. Ann Eliza Webb, and on the 6th of April, 1868, (Brigham Young having previously taken to himself, unlawfully, seventeen other women) and according to the laws of the Mormon Church becomes his nine- teenth wife, or, according to the laws of the United States, his eighteenth concu- bine. Married according to the rules of that church, she knew what they were. They expressly permit a woman to claim divorce at any time, without alimony. Connecting herself with Brigham in what Judge Mckean has always rightly de- clared to be an illicit way, she renders herself, as well as Brigham, liable to crim- inal prosecution. By his decision the judge recedes from his own principles, and may fairly be hailed by the Mormon Church as a convert to the doctrine of polygamy."

Here is the way the San Francisco Bulletin goes after his Honor, and the alimony pendente lite opinion :

" The suit of Ann Eliza Young against Brigham Young for divorce, and the rulings in the case made by Judge McKean, will be likely to attract much atten- tion ; not only for the social aspects of the case, but on account of the legal questions raised.

" The petitioner set forth that Brigham Young was in receipt of an income of not less than $40,000 a month, or $480,000 a year, and asked that $1,000 a month might be assigned for her support. Subsequently, on a motion made by her counsel, the court ordered that Brigham Young should pay over about $3,000 to aid Ann Eliza in prosecuting her suit for divorce. Young hesitated to comply with this order, and the court inflicted a fine and ordered that he should be im- prisoned twenty-four hours after Young had paid over the $3,000 to the clerk of 37

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the court. Young disclaimed any intention of committing a con.empt, but desired to raise the question of his liability before a higher court By this ruling Judge Mckean assumes that Anna Eleza was actually married to Brigham Young, when all the facts show she was never legally married to him, and could not be, from the very nature of the case.

" Brigham Young was legally married to Mary Ann Angell, at Kirtland, Ohio, June 10th, 1834. This woman has never been divorced, is still alive, living at Salt Lake City, as the acknowledged wife of Brigham Young. There is no con- troversy about these facts. How, then, could Anna Eliza at any time since be the lawful wife of Brigham Young? When Judge Mckean assumes that this woman is the wife of Young, makes an interlocutory decree granting her $3,000 to main- tain a suit for divorce, when there never was a legal marriage, and commits Young for contempt because he hesitates long enough to raise the question of the legality of the order, he burns some strange fire on the altar of justice.

"Ann Eliza knew that she could not lawfully marry Brigham Young. She deserted her own husband for the purpose of cohabiting with Young, and at a subsequent date, we believe, procured a divorce from her former husband by the aid of the probate court of Utah. This woman lived with Young a year or more without any ground of complaint.

The relation, according to her own admis- sion, was a satisfactory one, and might have been to this day, had Young devoted himself exclusively to her. The former, in the pleadings, sets up the one legal marriage in Ohio, and that the relation between himself and petitioner was only that known to the church as a celestial or plural marriage, and one, of course, not known to the law outside of the peculiar ordinances of the Latter-day Church. If there was no legal marriage it follows that there can be no legal divorce, and there is not a court outside of Utah which would decree the validity of such a marriage.

We are not seeking to extricate Brigham Young from his difficulties. If he is caught in his own net he is not entitled to any sympathy. He has lived a long time in defiance of law-in fact has been a law unto himself, and has lived in de- fiance of the highest authority known to the nation.

But there is nothing in the case as presented by Ann Eliza calling either for relief or special sympathy. She consented to cohabit with Young unlawfully, and would have sustained that relation until this time if Young had not made more conquests and added others to his conjugal circle. It is a reproach to the coun- try that Young was not long ago dealt with squarely on the ground that every po- lygamous marriage is a crime. But an oblique and cunning interpretation of law which assumes that to be a marriage which was no marriage, only a scandal- ous cohabitation, is not a straightforward way out of the difficulty. Instead of taking the bull by the horns, it is an attempt to grasp him by the tail.

There is another phase of the case which cannot escape notice. When Ann Eliza Young takes to the platform and recites her assumed wrongs in the ears of the public, it is competent for the public to inquire whether she makes out any case calling for special sympathy. The evils which she suffered were incident to the social economy which was good enough for her so long as she could supplant the lawful wife of Brigham Young. What were the evils which this wife suffered?

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Ann Eliza, who now seeks to make merchandise out of her illegal relations with Brigham Yonng, entered into that relation in mature years, and after she had been lawfully married to another man. As a social reformer she does not present any striking or salient features. Nor can her contribution to platform literature be very attractive to right minded people. If the three thousand dollars which Judge McKean has awarded as alimony pendente lite was in the nature of a fine legally inflicted upon Brigham Young instead of a blunder, the first step toward justice might have been taken in the case:"

The Chicago Times thus treats the contempt judgment :

"Judge McKean, of the United States district court of Utah, yesterday had Brigham Young arraigned for contempt in neglecting to pay over the attorney's fees in the divorce suit of one of his concubines, Ann Eliza. Papers for an ap- peal from Judge McKean's decision had been filed by Brigham's lawyers, and bonds had been given for the payment of both the attorney's fees and the alimony allowed by the court, but notwithstanding this the Prophet was found guilty of contempt, fined twenty-five dollars, and sent to the penitentiary for twenty-four hours. The proceeding is a somewhat extraordinary one. It is customary, when an appeal has been taken and bonds filed for the faithful performance of the verdict of a court; to hold judgments in abeyance until the appeal is at least ar- gued. This summary method of dealing with the Prophet looks very much like persecution, and will awaken sympathy for him instead of aiding the cause of justice."

Instead of the Hon. Isaac C. Parker, being appointed chief justice, it turned out to be the Hon. David P. Lowe, of Fort Scott, Kansas The new chief jus- tice was an honest, straightforward man, a good lawyer, and an upright judge, who would not lend himself to any system of fraud or injustice, and, in the case of Ann Eliza, he determined that the order for alimony should be expunged from the record. But this did not occur, however, until its victim had been imprisoned, and had paid over $4,000 for counsel fees, and two months' alimony.

Ex-Prosecuting Attorney Bates, summarizing the Mckean period, says ;

" The five years of judicial mal administration of Mckean in Utah may be summarized as follows :

" Ist .- $100,000, of United States public money, belonging to the Depart- ment of Justice, have been squandered there.

" 2d .- No Mormon has ever been convicted, during that period, of any of- fense against the laws of the Territory, or of the United States, except :

" 3d .- The case of the United States vs. Geo. Reynolds, for polygamy, where the verdict of guilty was found by a jury, nine of whom were Mormon polyg- amists ; and the witnesses who furnished all the evidence, including the plural wife herself, were all polygamists-which case is expected to go to the Supreme Court of the United States, where the validity of the Act of 1862 will be finally settled, as it would have been in 1872, had not the plan then agreed upon been frustrated by the Federal officials in Utah.

" 4th .- These illegal prosecutions, including the false imprisonment of

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Brigham Young and the leaders of the people, have cost them in counsel fees, loss of time, and injuries to their business, at least $500,000.

" 5th. - The panic and alarm created thereby in the States of the Union, and the fear of a collision between the authorities and the Mormon people have driven or kept away millions of dollars of capital."

CHAPTER LXXIII.

THE PRESIDENTIAL VISIT TO SALT LAKE CITY. FEDERAL, OFFICERS AND GENTILES CLAIM THE HONOR OF RECEIVING THE PRESIDENT; BUT THE CITY FATHERS CHARTER A SPECIAL TRAIN AND " PIONEER " THE PRESI- DENTIAL TRAIN TO OUR CITY. MEETING BETWEEN U. S. GRANT AND BRIGHAM YOUNG. CHARACTER MARKS. LONG FAMILIAR CHAT ON THE WAY BETWEEN MRS. GRANT AND BRIGHAM. PUBLIC RECEPTION GIVEN TO THE CITIZEN. VISIT TO TEMPLE BLOCK. MRS. GRANT WEEPS FOR " THESE GOOD MORMON PEOPLE." THE DEPARTURE. GRANT TOUCHED BY THE TRIBUTE OF THE MORMON SUNDAY SCHOOLS TO HIM AS PRESI- DENT. "I HAVE BEEN DECEIVED."

The visit of President Grant to Salt Lake City, in the early part of October, 1875, was an auspicious event, as it greatly corrected his views, and created quite a revulsion in his mind favorable to the Mormon people. Indeed, it would seem, from what is rehearsed of the expressions of the President and his wife relative to the Mormon people, that had this visit occurred in 1869, with the same party sur- roundings, in the place of the Colfax visit of that date, our local history of the last five years would have been markedly different from what it was.

The presidedtial party consisted of the President and Mrs. Grant, Col. Fred Grant and wife, General O. E. Babcock, ex-Secretary of the Navy Adolph E. Borie, wife and daughter, and Governor Thayer of Wyoming.

The Federal officers and non-Mormon citizens claimed the honor of receiving the President of the United States. A meeting was called at the Federal Court House, and a committee of ten, headed by Governor Emery, was appointed to meet the President and his party, and extend to them the hospitality of the Federal officers and Gentile citizens.

But the founders of Utah and the municipal council of Salt Lake City, with- out the least manifestation of displeasure at being thus characteristically set aside by the Federal dignities, moved in the matter of the reception of President Grant with the quietest emphasis possible of their sense that precedence belonged to them. They were the pioneers of these western States and Territories. They had led the way across the plains and sandy deserts before the tide of colonization, apart from that of their own, had fairly started towards the Pacific, and they were

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actually the first band of colonists proper who planted the American flag in this dominion ; and if distinction or precedence were to be made in receiving the first President of the United States who had visited the Pacific slope, to the fathers of Utah properly belonged the honor of escorting him to Salt Lake City.

The committee of ten, headed by the Governor, which had been appointed by the Federal Court House meeting, in pursuance of their programme, started for Ogden on the early train, and taking the Union Pacific east bound passenger train, met the presidential train at Peterson Station in Weber, and returned with it. Thus they had the advantage of the first meeting and it was thought by the Federal committee that their programme would prevail in all its points.

The Utah Central special train, chartered by the city council, left the station here at 9:30 Sunday morning, making the trip to Ogden in about an hour and a half, conveying the aldermanic committee and other members of the city coun- cil, city and county officers, and several invited guests, including President Brigham Young, Hon. John Taylor, Hon. B. Young, Jun., Hon. Jos. F. Smith, Judge Elias Smith, Hon. F. M. Lyman, H. B. Clawson, Esq., Col. F. Little, sev- eral ladies and representatives of the press. None of the Federal Territorial officials or military officers availed themselves of the special invitation of the council. The engine of the special train was decorated with flags and bunting.

About half an hour after the arrival of the Utah Central train the presidential train approached the station at Ogden. All of the railroad platforms were crowded with people straining their eyes to get a sight of the President. The Ogden brass band struck up " Hail to the Chief." The locomotive of the presidential train was profusely decorated with flags, streamers, etc. O. H. Earll, division superin- tendent of the Union Pacific, and A. H. Earll, the Ogden agent of the company, accompanied the presidential party to Ogden, doing the honors to the distinguished guests. The President was standing on the rear platform, swinging his hat to the people, with ex-Secretary Borie and General Babcock at his side. Now and then a boy would jump up and get hold of the President's hand, an event of which he may boast for years.

The presidential train immediately switched upon the Utah Central track, when it appeared to be assumed by some of the party, though not by the President or General Babcock, that the train would proceed by itself to this city in advance of the Utah Central train. This arrangement, however, was not made, and the presidential cars were attached in front of those of the Utah Central, and drawn by the latter's engine; the train started out of Ogden at a good speed, making the trip to this city in about an hour and a quarter.

While at Ogden, the President cordially received the representatives of our city council, who were presented to him, and said in reply to Hon. George Q. Cannon, who tendered him the hospitality of the city in behalf of the munici- pality, that he had accepted an invitation of the Governor of the Territory to be his guest ; that he could only remain in Utah until Monday afternoon, and would be happy to avail himself of any courtesies at the hands of the city that he might have time to accept. He expressed his obligations for the attention paid him by the municipal authorities. Other Utah gentlemen were then introduced.

As the train was moving out of Ogden, President Young stepped from the

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car of the Utah Central upon the platform where the President was standing, and was presented to P'resident Grant by Mr. Cannon, both gentlemen uncovering. President Young said : President Grant, this is the first time I have ever seen a president of my country." President Grant nodded, and after a few enquiries and compliments, President Young was conducted to the interior of the car, and pre- sented to Mrs. U. S. Grant, Mrs. Col. Fred Grant, Mrs. Borie and the other ladies and gentlemen of the party. Mrs. Grant entered into a familiar conversa- tion with President Young, which was prolonged for about half an hour, when the latter took his leave of the ladies and of President Grant, saying a few words to the Presdent as he passed upon his return to the Utah Central train.

During the entire trip from Ogden to this city, President Grant occupied the platform of his car with Governor Emery and Delegate Cannon, the latter being kept engaged in conversation by the President in regard to the various points of interest in the Territory. The President asked a good many questions which showed a keen interest in the material resources of the country and the industries of vari- ous kinds. Indeed he appeared to be far more impressed with these things than he did with the people whom he met.

At the station in this city, the President and party were taken in charge by the Federal committee and conveyed in carriages to the Walker House. Many thou- sands of people had assembled at the depot, and from there to East Temple, on both sides of the street, were arranged the city Sabbath school children, with their teachers. The President and Mrs. Grant and Governor Emery rode up in an open barouche, behind four handsome greys. The President, as he passed along, waived his hat to the crowds, who saluted him without boisterous demonstration. During the afternoon the President remained at the hotel, where he received calls from many officials and leading citizens. A large crowd had also gathered in front of the Walker House, and to gratify their desire to see the President, Grant stepped out upon the balcony, and was introduced to the multitude by Gov. Emery, who stated that the President was suffering from a Rocky Mountain cold, was very hoarse, and it would therefore be difficult for him to respond to the calls for a speech.

Early Monday morning, the President, in an open buggy with Gov. Emery, was driven to the Temple block, when he went into the tabernacle, and looked at the foundation walls of the temple. He was next driven to the north bench, where he obtained a fine view of the city ; and afterwards went to Camp Douglas. There he examined the new stone barracks and officers' quarters in course of erection, and was waited upon by the officers of the post. The other members of the Presi- dential party also visited the Temple block and Camp Douglas. It was at the special request of the President that no salute was fired at the military post in his honor; also that the band did not come out. He said his visit was strictly a social and sight seeing one, and was not in the least of an official character. He desired, therefore, that there be as little ostentation and display as possible.

After spending a brief time in Camp Douglas, the Governor drove the Presi- dent a short distance up Emigration canyon, and then returned to the city and his hotel, where a public reception was held, when several hundred citizens, ladies and gentlemen were presented to the President. Notably among the others who em-

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braced this opportunity of calling upon the President was Judge Mckean, who walked up with the crowd and in his turn shook the executive right hand. The reception continued until after 2 o'clock, when the public were excluded and the federal officials, in a body, were presented to the President. The Presidental party partook of an early dinner at the Walker House and then proceeded to the depot, where the special car in which Grant travels was found profusely decorated with flowers and green-the artistic work of a number of ladies of this city. On the way to the depot the President and company called at the residence of Hon. Wm. Jennings, where there were also a few prominent citizens.

As the train was moving off, the President, who stood upon the car platform, was heartily cheered by the crowd assembled at the depot, and he acknowledged the salute by waving his hat. He was escorted to Ogden by the city council com- mittee of welcome, the court house committee, and several invited guests, promi- nent ladies and gentlemen of the city. After the train had left the depot, Presi- dent Grant and party entered the car in which were the ladies and gentlemen of Salt Lake, and passed the time until the arrival at Ogden, in conversation. They seemed to have thrown off restraint, and resolved upon the enjoyment of a social visit. They talked freely, and upon taking their farewell, expressed themselves as having been highly pleased with the appearance of Salt Lake City, and delighted with their reception. The President and party stood upon the rear platform of their car when the train moved off eastward, and waved their handkerchiefs to the Salt Lake ladies and gentlemen, who returned to the city by special train. Gov- ernor Emery and his committee, who had all along ignored the municipal commit- tee of welcome, accepted the invitation of the council committee to occupy seats in the special train, and all returned to the city together.

There were many incidents in this visit of a President of the United States to our city, that tended to give our citizens favor in the Nation's eyes. Two of these incidents will be sufficient to note.

When President Grant, on his entrance to our city, in his carriage, passed the multitude of Sunday School children who, under their teachers, had gathered, ar- rayed in white to welcome him-in their simplicity of manner, emphasising the greeting of Brigham Young, " this is the first time I have had the honor of meet- ing a President of my nation "-he turned to Governor Emery and enquired, "whose children are these?" He was answered by the Governor, "Mormon children." For several moments the President was silent, and then he murmured, in a tone of self-reproach, " I have been deceived !" It was in vain for any anti- Mormon, after that utterance, to tell him that those children had been arrayed to give him welcome, for the purpose of making a favorable impression on his mind in behalf of their Mormon parents. To a man of so strong a religious nature as that of U. S. Grant, which nature to the end of his days, contrary to the better judg- ment of the American people, gave Dr. Newman a controling influence over him, these Sunday School children, brought up in the fear of the Lord, were, on this Sabbath day of his entrance into our city, more powerful sermons than he had ever heard in the Metropolitan Methodist Church, from the charmed tongue of his favorite pastor. And even the depreciatory expounding of the anti-Mormon -that this array of Sunday School children was " all gotten up for effect " --

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History of Salt Lake City, Part 80

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