USA > Utah > History of Utah > Part 42
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One item more from your note reads thus : "My sole design in the branch of my remarks which seems to be the source of my offense, was to vindicate the government of the United States from those feelings of prejudice, and that spirit of defection which seemed to pervade the public sentiment, etc." Let me inquire what "public sentiment " you referred to ? Was it the sentiments of the States at large ? If so, your honor missed his aim, most widely, when he left the city of Washington to become the author of such remarks. You left home when you left Washington. If such "prejudice and defection" as you represent, there existed, there you should have thundered your anathemas, and made the people feel your "patriotic allegiance ; " but, if ever you believed for a moment -- if ever an idea entered your soul that the citizens of Utah, the people generally whom you addressed on the 8th, were possessed of a spirit of defection towards the general gov- ernment, or that they harbored prejudices against it unjustly, so far you proved yourself "profoundly ignorant " of the subject in which you were engaged, and of the views. and feelings of the people whom you addressed ; and this ignorance alone might have been sufficient to lead you into all the errors and fooleries you were guilty of on that occasion. But had you known your hearers, you would have known, and understood, and felt that you were addressing the most enlightened and patriotic assembly, and the one furthest removed from "prejudice and defection" to the general government that you had ever seen, that you had ever addressed, or that would be possible for you or any other being to find on the face of the whole earth. Then, sir, how would it have beeu possible for The you to have offered your hearers on that occasion a greater insult than you did. most refined and delicate ladies were justly incensed to wrath against you for intimating that their husbands were ever capable of being guilty of such baseness as you represented, " prejudice and defection" towards a constitution which they firmly believe emanated from the heavens, and was given by a revelation, to lay the foundation of religious and political freedom in this age-a constitution and union which this people love as they do the gospel of salvation. And when you, sir, shall attempt to fasten the false and odious appellation of treason to this community, even ignorantly, as we had supposed you did it, you will find plenty, even among the ladies, to hurl the falsehood back to its dark origin, in tones of thunder ; but if, as you say, you know (or else how could the whole have been " the result of deliberation and care") the plea of ignorance ceases again to shield you, and you stand before the people in all the naked deformity of " wilful wickedness." Who can plead your excuse ? Who, under such circumstances, can make an apology ? I wonder not that you should excuse yourself from the attempt, "or decline appearing again in public on the subject."
*
Another important item in the course of your remarks, on the 8th instant, in connec- tion with the expose of your own exalted virtue-you expressed a hope that the ladies you were addressing would " become virtuous." Let me ask you, most sincerely, my dear sir, how could you hope thus ? How could you hope that those dear creatures, some of whose acts of benevolence to the stranger drew tears from your eyes while you were yet speaking -how could you hope-what possible chance was there for you to hope-they would become virtuous ? Had you ever proved them unvirtuous ? If so, you could have but a
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faint hope of their reformation. But, if you had not proved them unvirtuous, what testi- mony had you of their lack of virtue? And if they were unvirtuous, how could they " become virtuous ?" Sir, your hope was of the most damning dye, and your very expression tended to convey the assertion that those ladies you then and there addressed were prostitutes-unvirtuous-to that extent you could only hope, but the probability was they were so far gone in wickedness you dare not believe they ever could become virtuous. And now, sir, let your own good sense, if you have a spark left, answer-could you, had you mustered all the force that hell could lend you-could you have committed a greater indignity and outrage on the feelings of the most virtuous and sensible assemblage of ladies that your eyes ever beheld ? If you could tell me how. If you could not, you are at liberty to remain silent. Shall such insults remain unrequited, unatoned for ?
Brocchus, though he did not answer these final letters, admitted that it was because he could not successfully do so, and personally requested Governor Young to apologise for him to the people.
He still adhered, however, to his intention of leaving the Terri- tory, an intention now shared by his colleagues, the Chief Justice and Secretary. Accordingly, toward the last of September they set out for Washington. Mr. Day, one of the Indian sub-agents, went also.
Their departure did not cause much sorrow among the people of Utah, with whom they had rendered themselves so unpopular ; though many regretted, and none more sincerely than Governor Young, the unpleasant episode which preceded their going. For that, however, he felt that the officials themselves, and not he nor the people were responsible. That the speech of Judge Brocchus at the conference was not only premeditated by himself, as he admitted, but was the result of a conspiracy on the part of him and his associates, to subserve a plot yet to follow, the Mormon leader felt pretty well assured.
The general sentiment regarding the "runaways"-for such was now their familiar appellation-was expressed in the following skit from the poetic pen of Eliza R. Snow :
" Though Brocchus, Day and Brandebury, And Harris, too, the Secretary, Have gone-they went ! But when they left us, They only of themselves bereft us."
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This was not strictly the case, however, for Harris, the Secretary, had taken with him the $24,000 appropriated by Congress for the Utah Legislature, which had been called and was then in session ;* also the Territorial seal, and various records and documents, which he purposed delivering to the authorities at Washington. An effort had been made by the Governor and Legislature, on learning of the Secretary's design, to prevent what they deemed an illegal removal of the public funds and property. By resolution the United States Marshal was instructed to take into his custody all government funds and property in charge of the Secretary, and was also directed to present to him for payment an order for $500, to cover the incidental expenses of the Legislature. Harris, however, refused to surrender or pay anything. He claimed that the election of the Legislature was illegal, owing to the incomplete census, and other . things preceding and attending the election, and that he had "private instructions, designed for no eye but his own, to watch every move- ment and not pay out any funds unless the same should be strictly legal according to his own judgment."
The Governor had then appealed to the three Federal Judges, asking for a legal opinion as to the funds and property in possession of the Secretary, and respecting his design of leaving the Territory, in which, according to the organic act, he was required to reside during tenure of office. The Judges replied that the Secretary, being an agent, of the United States, was amenable to that government only, and could not be interfered with by any branch of the Territorial government regarding the manner in which he discharged his duty. They also stated that the Supreme Court of the Territory had already foreshadowed an opinion upon the right of the Secretary to the con- trol and disposal of the funds and property in question, by granting an injunction " to prevent Horace S. Eldredge, Esq., and all others acting by or under the authority of the assembly purporting to be
* The first Legislative Assembly of Utah Territory convened at the Council House, in Salt Lake City, on Monday, September 22, 1851.
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the Legislative Assembly of the Territory," from taking or interfer- ing with said funds and property.
This was indeed the case. Judges Brandebury and Brocchus had organized and held a session of the Supreme Court at Salt Lake City, before the Governor or the Legislature had fixed the time and place for holding said court, and had rendered a decision, from which their associate, Judge Snow, had dissented, on the ground of the illegality of the session.
Governor Young, the day after the departure of the two Judges and the Secretary, addressed a communication to the President of the United States, setting forth the facts in controversy. We deem this document worthy of reproduction :
GREAT SALT LAKE CITY, September 29, 1851.
To His Excellency the President of the United States :
SIR .- It is now over one year since " an act to establish a Territorial Government for Utah " became a law of Congress. Information of this fact reached this place in November following, and about the first of January authentic information was received of the appointments of the Territorial officers by the President ; this news being confirmed, on the 3rd day of February, I took the oath of office as Governor of the Territory, in accordance with the provisions of the Organic Act. Owing to the great distance from this place to the seat of the General Government, I considered it of the first importance that the preliminary arrangements for the organization of the Territory should be accom- plished as soon as possible, in order that a delegate might be legally returned to the Congress of the United States before the lateness of the season should render the (at any time) long and arduous journey dangerous, if not impracticable ; hence my anxiety to proceed with as little delay as possible in obtaining the enumeration of the inhabitants, preparatory to appointing the election districts, and apportioning the members of Council and House of Representatives to be elected from each.
Having been appointed Census Agent, to take the census of Deseret, and owing to the total miscarriage of instructions and blanks, which had not,-neither, indeed, have yet arrived, the taking of that census had been delayed for a season, but now having been required to cause the enumeration to be taken for the use of the Territory, and despairing of the blanks coming on, 1 proceeded to take the census, and appointed my assistants to make out two sets of returns, one for the United States, as census agent for Deseret, and one for Utah, which required not the full census, but merely the enumeration of thic inhabitants; this was sufficiently accomplished to enable me to make out an apportionment about the first of July, which I did, and issued my proclamation declaring the same. This being previous to the arrival of the Secretary, of course his seal and signature was not attached. (See Proclamation No. 1.) The reason inducing this order has been recited above, that the election miglit come off in time, that whoever should be elected as delegate
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to Congress might be enabled to go before the inclement season should set in. Although the appointments were made early in the fall, yet no non-resident officer made his appearance until the ensuing summer, and some of them not until about the first of August.
Upon the arrival of a majority of the Supreme Court, I again issued my proclamation districting the Territory into three judicial districts, and assigning the judges to their several districts. This proclamation bears the impress of the seal of the Territory and signature of Mr. Harris. See Proclamation No. 3.
Learning to my very great regret that the Secretary, Mr. Harris, and Judge Brande- bury and Associate Judge Brocchus intended to return to the States this fall, I called upon them personally to ascertain the fact and if possible induce them to remain. They how- ever assured me that it was their intention to leave, and Mr. Harris also declaring that he should carry with him all the funds in his hands for the payment of the Legislative expenses of the Territory as also the seal, records, documents, etc., pertaining to his office, plainly indicating that it was his intention to essentially vacate said office, so far as Utah was concerned, and anticipate by leaving with the funds the non-payment of the Legislative Assembly. I considered this course illegal, wholly unauthorized and uncalled for, by any pretext whatever.
I therefore concluded, that I would use all legal efforts, that should seem practicable for the retention of the property and money belonging to the United States in the Secre- tary's hands, designed for the use of this Territory. 1 therefore issued my Proclamation declaring the result of the election, and convening the Legislative Assembly on the 22nd of the present month.
This proclamation was dated on the 18th inst., thus showing but a hurried notice ; but notices had been sent previously to the members elect, and when the day arrived all of the council were present, and only one member of the house absent. It is but due to myself to say that this proclamation was delayed from the fact of a misunderstanding with the Secretary, that he would make out the proclamation of the members elect, and prepare the proclamation, which, failing to do, I caused it to be done, and sent it to him for his signature and impress of the seal of the Territory, intending for him to keep the manu- script thus furnished, and return a copy suitable for publication. Much to my astonish- ment he placed the seal and signature to the manuscript thus furnished, not even filing a copy for record. It was published however. See Proclamation, No. 4.
The Legislature convened in accordance therewith, with the exception of one member of the house from Iron County. The Secretary did not attend to furnish a roll of members. 1 therefore had this duty to perform, and they were called and qualified by his honor Judge Snow.
My message is the next document in order. See No. 5.
On the 24th inst., the Legislative Assembly passed a joint resolution making it the duty of the United States Marshal to proceed forthwith and take into his custody all of the aforesaid funds, property, etc. See No. 6. This resolution was presented to Mr. Harris, as also an order for $500.00 to defray the incidental expenses of the Legislative Assem- bly. See No. 7. He refused to comply with the requirements of each as per No. 8. At this time September 26th, I addressed a note to the Supreme Court, who, I understood were then in session, asking their opinion in regard to my duty-having reference to the
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organic act which requires the Governor to see that the laws are faithfully executed and requiring the said Secretary to reside in said Territory, etc. See No. 9. After awaiting a reply to this note until the day fixed for their departure had far advanced, I directed the United States district attorney to file a petition which would cause them to give their opin- ion. See No. 10 for copy of petition and No. 11 for the opinion and answer., Having determined to abide the decision of the Judges, I accordingly stayed all further proceed- ings, and on yesterday, the 28th, I understand the Secretary, Mr. Harris, and the two Judges, Mr. Brandebury and Mr. Brocchus, left this city on their return to the United States.
For a reply to Mr. Harris' decision, No. 8, I refer you to file No. 12. Thus, sir, I have given you a plain and unvarnished tale of all our proceedings pertaining to Govern- mental affairs, with the exception of report upon Indian affairs, which will be made to the proper department.
If your Excellency will indulge me in a few remarks, I will proceed and make them. Mr. Harris informed me in a conversation which I had with him. that he had private instructions designed for no eye but his own to watch every movement and not pay out any funds unless the same should be strictly legal according to his own judgment. The Supreme Court organized and held a session, as will appear by reference to a certified copy of proceedings No. 13, without waiting for the Legislative authority fixing the time, and apparently having no other object than to shield and protect Mr. Harris in leaving with the funds and property designed for the use and benefit of this Territory. It has been and is said of myself and of the people over whom I have the honor to preside, that they frequently indulge in strictures upon the acts of men who are entrusted with Gov- ernmental affairs and that the Government itself does not wholly escape. Now, sir, I will simply state what I know to be true: that no people exist who are more friendly to the government of the United States than the people of this Territory. The Constitution they revere, the laws they seek to honor. But the non-execution of those laws, in times past, for our protection, and the abuse of power in the hands of those entrusted therewith, even in the hands of those whom we have supported for office, even betraying us in the hour of our greatest peril and extremity, by withholding the due execution of laws designed for the protection of all the citizens of the United States. It is for this we have cause of com- plaint, not the want of good and wholesome laws, but the execution of the same in the true meaning and spirit of the Constitution. The foregoing is a case in point. What good and substantial reason can be given that the people of this Territory should be deprived, for probably near a year to come, of a Supreme Court, of the official seal, of a Secretary of State, of the official publication of the laws, and other matters pertaining to the office of Secretary? Is it true that officers coming here by virtue of an appointment by the Presi- dent, have private instructions, that so far control their actions as to induce the belief that their main object is not the strict and legal performance of their respective duties, but rather to watch for iniquity, to catch at shadows and make a man an "offender for a word ; to spy out our liberties and by manifold misrepresentations seek to prejudice the minds of the people against us? If such is the case, better, far better, would it be for us to live under the organization of our Provisional Government, and entirely depend upon our own resources as we have hitherto done until such time as we can be admitted as a
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State, than thus to be tantalized with the expectation of having a legal government which will extend her fostering care over all her offspring. In infancy, if ever, it is necessary to assist the rising state.
If it be true that no legal authority can be exercised over a co-ordinate and even a subordinate branch of the Government by the Legislature thereof, then indeed we may expect the harmony of Government to be interrupted, to hear the discordant sounds of irresponsi- ble and law-defying agents, desecrating by their acts the very name of American Liberty.
In the appointment of new officers, if you will pardon me for making a suggestion, I would propose that such men be selected as will reside within the Territory, or have a general and extended knowledge of men and things, as well as of the elementary and fun- damental principles of law and legislation. Men who have lived and practiced outside as well as indoors, and whose information extends to the duties of a Justice of the Peace, as well as the well-known passages and aisles of the court room.
In relation to our present unfortunate position pertaining to the Supreme Court, I can only hope that early the ensuing season we may be favored with a quorum. As regards the funds, if an arrangement could be made authorizing Mr. Livingston, a merchant in this place, to receive the money appropriated to meet the Legislative expenses, he would most probably make such advances as might be necessary after being advised of the privilege of so doing.
The Legislative Assembly are yet in session, of their acts and doings I shall take the liberty of making report, the same as would have been the duty of the Secretary, had he remained. I cannot conceive that it can, or ought to be, in the power of any subordinate officer, to subvert, or even retard, for any length of time, the ordinary motion of the wheels of Government ; although I am equally satisfied that it was and is the intention of a portion of these aforesaid officers to entirely subvert and overthrow this government of Utah. But of this I have no fears, as I know they can have no good and sufficient apology for the course they have, and are pursuing.
The money that was appropriated for the year ending June 30th, 1851, should have been used to defray the expenses of the legislation of 1850 and 1851, and the government might have been organized had the officers been as efficient in coming here as they are now in going away. The Legislature can now, as heretofore, do without their compensation and mileage, and find themselves ; they were all unanimously elected (with one exception) as was also our Delegate to Congress, the Hon. Dr. John M. Bernhisel. We have sought to obtain an authorized Government, and the people have been well satisfied with the Government in regard to all their acts in relation thereto, so far as I am acquainted ; and if the men appointed had endeavored to be active in the discharge of their duties, all would have been well. Mr. Harris takes exceptions to everything that has been done. Did he take hold, upon his arrival at this place, and endeavor to assist in the organization of this Government, as a Secretary should do? Not at all ; never was he the man to do the first thing, either by suggestion or otherwise, unless, perhaps, it was occasionally to set his hand and Seal of the Territory to some document that had been prepared for him. Have either of the Judges who are returning ever done anything towards the organization of the Territory? They organized the Supreme Court, as I think, chiefly to assist Mr. Harris in leaving with the funds, and I believe Judge Brandebury appointed a clerk of
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the district. Judge Brocchus had determined on returning this fall previous to his arrival, as I am credibly informed, and their both leaving at this time, just when the time has arrived for them to act, postpones indefinitely all courts in their respective districts. Judge Brocchus has never been in his district that I know of. Thus, so far as the public interests are concerned, it would have been quite as well if neither of these gentlemen or Mr. Harris had ever troubled themselves to cross the plains.
Whatever may be your decision upon all of these matters, be assured that it is, and has been my intention to discharge faithfully every duty pertaining to my office, and that l shall receive very gratefully any instructions that you will please to give.
Awaiting most anxiously to hear from you, I have the honor to be very respectfully and truly yours,
BRIGHAM YOUNG.
On reaching Washington Judge Brocchus and his colleagues rendered a report to the Government in which they alleged that they had been compelled to leave Utah on account of the lawless acts and seditious tendencies of Brigham Young and the majority of the residents; that the Mormon Church overshadowed and controlled the opinions, actions, property and lives of its members,-disposing of the public lands on its own terms, coining and issuing money at will, openly sanctioning polygamy, exacting tithes from members and onerous taxes from non-members, penetrating and supervising social and business circles, and requiring implicit obedience to the council of the Church as a duty paramount to all the obligations of morality, society, allegiance and law.
So far, their report was of a tenor well calculated to win for its authors, from the masses, applause, and for the Mormons reproba- tion. But they very unwisely added-either verbally or in writing -that in Utah "polygamy monopolized all the women, which made it very inconvenient for the Federal officials to reside there."
This unhappy statement was the dead fly in the ointment, causing the whole to emit an odor extremely offensive in the nostrils of authority. Even Congressmen not particularly noted as paragons of chastity were disgusted at this open confession of libidinous desires on the part of the three officials. They soon found themselves utterly without influence at Washington, and were ordered by Daniel Webster, Secretary of State, to forthwith return
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to the posts they had deserted, or else resign. They chose the latter course and retired from office, realizing, no doubt, as did everyone else, that they had committed moral and official felo de se. Brandebury was succeeded as Chief Justice of Utah by Lazarus H. Reed, of New York; Brocchus as Associate Justice by Leonidas Shaver, and Harris as Secretary by Benjamin G. Ferris, who received their appointments in August, 1852. Judge Snow served out his full term and was succeeded by Associate Justice George P. Stiles.
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