Political Changes

Chief Justice Lazarus H. Reed, after a short stay in Utah, resigned because of ill-health, and returned to the East where he died in the spring of 1855. He was succeeded as chief justice by John F. Kinney, of Iowa, in 1854. After the close of the term of Judge Zerubbabel Snow, William W. Drummond, of Illinois, was appointed associate justice. Judge Leonidas Shaver died suddenly in Salt Lake City in June, 1855, due to an abscess on the brain, and he was succeeded by George P. Stiles.

Character of the Federal Judges

Chief Justice Kinney was a gentleman, and performed his duty faithfully without partiality. The appointment of the two associate justices was a calamity. Drummond was dishonest and licentious. He left his wife and family in Illinois without means for their support, and brought with him to the territory a common courtesan, whom he introduced as his wife. This woman he honored with a place by his side while he sat in court dispensing advice to the “Mormons” on morality. Judge Stiles had been a member of the Church, but was excommunicated for immoral conduct. Like most characters of that class, he became very abusive and a bitter enemy of the Church. The corruption of Judge Drummond coming to light, that individual left the territory in disgrace.

Falsehoods of Drummond and Stiles

March 30, 1857, Judge Drummond wrote a letter to the attorney general of the United States, making false charges against Governor Young and the “Mormon” people. He went to Carson County to hold court, and then continued on to the coast never to return to Utah. In his communication he declared that the records of the supreme court of Utah had been destroyed; that Brigham Young had given his approval to this treasonable deed, and with his knowledge it was done; that Brigham Young, as governor, had pardoned “Mormon” criminals and imprisoned innocent “Gentiles;” he had insulted federal judges; the American Government had been traduced and men “insulted, harrassed and murdered for doing their duty.” He accused the “Mormon” people of the murder of Almon W. Babbitt; of perpetrating the Gunnison massacre,¹ and of the death of Judge Shaver, who died a natural death. He placed the responsibility of these alleged crimes at the door of the authorities of the Church.

Judge Stiles also filed an affidavit at Washington, affirming much that Judge Drummond had said, and emphasizing the statement that the court records and papers had been destroyed. Others also added to the unrighteous accusations with the evil thought of bringing the Church into disrepute. Among them were Indian Agent Garland Hurt, and W.M. Magraw. The latter having been disappointed in losing the contract to carry mail across the plains, which contract was awarded to Hiram Kimball, a “Mormon,” sought revenge by circulating falsehoods. He stated that the civil laws of the territory were “overshadowed and neutralized by the so-styled ecclesiastical organization, as despotic, dangerous and damnable” as ever existed. Other, and even more serious accusations, he forwarded in a communication to President Buchanan in October, 1856.

Denial of False Charges

Curtis E. Bolton, deputy clerk of the supreme court of Utah, made denial in his official capacity, of the Drummond charges. He stated that the records and papers of the court were all intact. This denial was speedily forwarded to the attorney general of the United States, but was ignored in the face of the various statements of the lying officials.

The Conspirators Demand Governor Young’s Removal

At the time these falsehoods were sent to Washington, Governor Brigham Young was serving his second term. At the close of his first term as governor, Col. Edward J. Steptoe of the United States Army, was appointed to that position. He declined, and with Chief Justice Kinney, headed a petition, which bore the names of the federal officials, army officers and prominent citizens in the territory, asking for the reappointment of Governor Young. The petition bore fruit and President Franklin Pierce continued Brigham Young in office. These conspirators now endeavored to have him removed, and this desire was very largely the underlying cause in their evil accusations.

“Buchanan’s Blunder”

Accepting at their face value, without any investigation, the inflammatory and lying charges of the enemies of Utah, President James Buchanan determined on changing the governor, and also appointed new judges. He further directed that an army must accompany the new appointees, as a posse comitatus, to sustain the authority of these officers, and suppress “rebellion” among the “Mormon” people.

It was announced through the war department that the “Mormons” “implicitly obey their prophet from whose decrees there is no appeal.” Moreover, that they had aimed from the beginning to secede from the Union, and had not “preserved even the semblance of obedience to authority, only as it would benefit themselves.” Such was the ignorance of the authorities at Washington regarding Latter-day Saint affairs, so soon after the loyal and remarkable feat performed by the Mormon Battalion in the war which made their territory a part of the United States. Such was to be the reward of this loyal people who would sacrifice five hundred of their most capable men in the hour of their greatest distress, at the call of their country. These expressions from Washington were made in the face of the constant appeals by the “Mormon” people for a form of government under the Stars and Stripes, in spite of the evil treatment they had constantly received within the borders of the United States; and, too, after their appeal to the general government for redress of grievances was answered from Washington, that their cause was just, but nothing could be done for them.

When appealing to Washington for redress, while they resided in Illinois, they were advised by governors and leading statesmen to move to Oregon, where they could set up a government of their own, free and independent of all other earthly powers. Their reply to such advice was, that they were American citizens, and where they went they would take the flag of their country with them.

It appears from this distant date, that there were other motives prompting the President of the United States in sending the flower of the army into the “Mormon” country, ostensibly to suppress a rebellion which did not exist, and aid in a rebellion soon to occur, which was destined to divide the nation asunder. What-ever the motive, the army was sent, and was kept in Utah for a number of years at the beginning of a critical period of the nation’s history.

Call of the Army

May 28, 1857, orders were issued from the war department for the assembling of an army at Fort Leavenworth, to march to Utah as soon as possible. All mail toward Utah had been stopped, and for some reason the government conducted its campaign against that territory with great secrecy. It was practically a declaration of war by the United States against one of her dependent units, without investigation or just cause—a thing without a parallel in the annals of our country. “It is probable,” states Bancroft, “that no expedition was ever dispatched by the United States better equipped and provisioned than was the army of Utah, of which the portion now under orders mustered about twenty-five hundred men.” Then he argues that the expedition was conducted in the interests of the contractors. The men who secured the flour contract netted in a single year the sum of one hundred and seventy thousand dollars.

How the Saints Learned of the Expedition

While all these warlike preparations were going on, the Saints in the Rocky Mountains, dwelling in peace, were innocent of any threatened invasion. The first information of such an expedition was received by Elders Feramorz Little and Ephraim K. Hanks in February, 1857. They had just arrived at Independence with mail, where they heard from several parties who desired to secure contracts from the government for handling the supply trains, that a movement was on foot against Utah. They could hardly believe the rumors and reports that came to their ears. Later Elder Abraham O. Smoot, on his way east with mail, met Elder Little at Fort Laramie, from whom he heard the rumors. Proceeding on his way, Elder Smoot met some troops and several trains of government supplies. From his inquiries he received no satisfactory answer as to their destination, only that they were bound for a western post and that the supplies belonged to William H. Russell. At Independence he learned from Mr. Russell that the destination of the trains was Salt Lake City, and that government troops would soon follow. He was also informed that Brigham Young had been superseded as governor and that new federal officers had been appointed for Utah. Gaining all the information he could, Elder Smoot commenced his homeward journey, traveling leisurely at first, for fear of arousing suspicion, but increasing his speed as he neared his destination. A short distance east of Fort Laramie he met Orrin Porter Rockwell with the east bound mail. To him he told his story and together they, and Judson L. Stoddard, returned to the Salt Lake Valley, arriving on the evening of July 23.

The 24th of July Celebration

When these brethren arrived they learned that President Brigham Young and about twenty-six hundred people had gone to Silver Lake, at the head of Big Cottonwood Canyon. There they expected to celebrate the twenty-fourth—the tenth anniversary of the arrival of the pioneers in Salt Lake Valley. On the morning of the 24th, Mayor Smoot of Salt Lake City, Judson L. Stoddard, Judge Elias Smith and Orrin P. Rockwell, started for the scene of the celebration. They arrived in the afternoon in the midst of the ceremonies and the first view to attract their gaze was the Stars and Stripes unfurled from two lofty peaks and some of the tallest trees. With grave countenances these messengers bearing evil tidings approached Governor Young and told their story. A council of the brethren was called and the situation discussed. That evening the assembly was informed by General Daniel H. Wells of the militia, that an army was on its way to Utah. He gave instructions as to the manner of the departure from the camp on the following morning. Early the next day (25th) the people, so happy the day before, returned to their homes with bowed heads and hearts filled with sadness.

The Decision of the Council

Twice in Missouri and once in Illinois had the Saints been driven from their homes at the point of the bayonet, and that, too, by aid of state authority. Their Prophet and Patriarch had been foully murdered by a mob while under the pledge of protection of a governor of Illinois. The Saints had been murdered and robbed while the nation looked on without interference. And now there was coming to their distant home, a body of troops organized and equipped by the President of the United States. They were coming without warning and without valid excuse. Was it not natural under all the circumstances for this people to feel that once again they were to be butchered, robbed and driven—where, no one could tell! Naturally they were aroused. Their backs were against the wall. They must make a stand, and if to fight was the intention of the troops, then fight it should be. They were determined to maintain their inherent and constitutional rights. Conquered, they should not be; if they were driven they should leave the land as desolate as they found it. If the government of the United States desired to install new officers, they could come in peace, and welcome. Such had always been the attitude of the Latter-day Saints. They could only judge by the experiences of the past what the designs of the army might be, for no word had been sent them of its purpose. “Liars have reported that this people have committed treason, and upon their misrepresentations the President has ordered out troops to assist in officering the territory,” said President Young. “We have transgressed no law, neither do we intend to do so; but as for any nation coming to destroy this people, God Almighty being my helper, it shall not be.” Such was the decision of the councils of the Church. And where is the patriot whose blood would not burn within his veins; whose heart would not beat for freedom; who would not stand as this band of humble worshipers of the Lord and Savior of mankind proposed to stand, if driven to the extreme?

Captain Van Vliet

In advance of the army there came to Utah Captain Stewart Van Vliet of the commissary department. His object was to discover if forage and fuel could be obtained for the troops while in the territory. As soon as he arrived he obtained an interview with Governor Young. He was treated with the greatest kindness and hospitality, and so he reported to his superiors. However, he was informed that no hostile force would be permitted to enter the Salt Lake Valley; there was an abundance of every thing the troops would need, but not one thing would be sold to them. Federal officers could come, if they came in peace, and would be kindly and courteously received; but they could not bring an hostile army.

Captain Van Vliet’s Report

In his report Captain Van Vliet said:

“In the course of my conversation with the Governor and the influential men of the Territory, I told them plainly and frankly what I conceived would be the result of their present course. I told them that they might prevent the small military force now approaching Utah from getting through the narrow defiles and rugged passes of the mountains this year, but that next season the United States Government would send troops sufficient to overcome all opposition. The answer to this was invariably the same: ‘We are aware that such will be the case; but when those troops arrive they will find Utah a desert. Every house will be burned to the ground, every tree cut down, and every field laid waste. We have three years’ provisions on hand, which we will cache, and then take to the mountains and bid defiance to all the powers of the Government.’

“I attended their services on Sunday, and, in course of a sermon delivered by Elder Taylor, he referred to the approach of the troops and declared they should not enter the Territory. He then referred to the probability of an overpowering force being sent against them, and desired all present who would apply the torch to their buildings, cut down their trees, and lay waste their fields, to hold up their hands. Every hand, in an audience numbering over four thousand persons, was raised at the same moment. During my stay in the city I visited several families, and all with whom I was thrown, looked upon the present movement of the troops towards their Territory as the commencement of another religious persecution, and expressed a fixed determination to sustain Governor Young in any measure he might adopt.”

Good Resulting from the Visit

The sympathy of Captain Van Vliet was drawn out toward the people. He admired their stand although careful of his expression as he was under orders from the government. He was convinced that the people had been misrepresented and lied about, and it is said he declared that if the government made war upon the Saints, he would withdraw from the army. However, he thought the government would send to Utah an investigating committee. “I believe,” said Governor Young, “God sent you here, and that good will grow out of it. I was glad when I heard you were coming. If we can keep the peace this winter, I feel sure that something will occur to prevent the shedding of blood.” The captain returned to Washington and made his report to the secretary of war.

Johnston in Command

When the army was ordered to Utah the command was given to General W.S. Harney, who was at the time in charge at Fort Leavenworth. Captain Van Vliet called on him when returning to Washington after his visit in Utah. The captain informed General Harney of the attitude of the “Mormon” people and the conditions as they existed in the territory. The general replied: “I am ordered there, and I will winter in the valley, or in hell.” Late in the summer the command was given to Colonel Albert Sidney Johnston, with the rank of brevet brigadier general.

The Start for Utah

The vanguard of the troops, under Colonel E.B. Alexander, started from Fort Leavenworth in July. 1857. With them traveled Alfred Cumming, of Georgia, the newly appointed governor, and other federal appointees for Utah. As the troops reached the South Pass, they were met by Captain Van Vliet, who advised them not to attempt to enter the Salt Lake Valley that winter, as no arrangements could be made for supplies and they would have to fight their way through. Some of the young officers, who were in advance, ignored the warning, and expressed the thought that they were sufficiently able to force their way to Salt Lake City—”that they could whip all Utah.” The second regiment he met was commanded by old officers, who considered the matter seriously and expressed the thought that it was an imposition that they should be sent out west “as a political movement to kill innocent people, or to get killed.²”

Martial Law Proclaimed

After the departure of Captain Van Vliet from Salt Lake City, and while the army was near the border of Utah, Governor Young proclaimed martial law throughout the territory and notified Colonel Alexander of this action. The militia was ordered to be held in readiness to repel any attempted invasion, but instructions were given that no blood should be shed, unless it was absolutely unavoidable. These instructions were carefully followed and only once during the campaign were shots fired with intent to kill, and these were fired by the government forces at a detachment under command of Major Lot Smith, who had been sent out to destroy their trains. When fired upon there was no retaliation by the members of the militia.

General Wells in Echo Canyon

Following the proclamation of Governor Young, Lieutenant General Daniel H. Wells of the Nauvoo Legion—the name by which the militia was known—established headquarters at “The Narrows” in Echo Canyon, a defile, rugged and steep, where a few men could hold an army. To this point about twelve hundred and fifty men, from several companies of the militia, were ordered to report, and maintain the pass by force of arms against any attempted invasion.

Governor Young’s Ultimatum

Colonel Alexander continued his march, as it was fully expected that he would, and crossed the border of the territory. September 29, General Wells forwarded to Colonel Alexander copies of Governor Young’s proclamation, a copy of the laws of Utah, and a letter from Governor Young addressed to “The Officer commanding the forces now invading Utah Territory.” In this letter the following occurs:

“By virtue of the authority vested in me, I have issued, and forwarded you a copy of my proclamation forbidding the entrance of armed forces into this Territory. This you have disregarded. I now further direct that you retire forthwith from the Territory, by the same route you entered. Should you deem this impracticable, and prefer to remain until spring in the vicinity of your present encampment, Black’s Fork,³ or Green River, you can do so in peace and unmolested on condition that you deposit your arms and ammunition with Lewis Robison, quartermaster general of the Territory, and leave in the spring, as soon as the condition of the roads will permit you to march; and should you fall short of provisions, they can be furnished you, upon making the proper applications therefor. General D.H. Wells will forward this, and receive any communication you may have to make.”

In forwarding these communications General Wells declared that he was determined to carry out Governor Young’s instructions.

Colonel Alexander’s Reply

Colonel Alexander made the only reply possible which was to the effect that he would submit the communications to his superior officers and “in the meantime,” he added, “I have only to say that these troops are here by order of the President of the United States, and their future movements will depend entirely upon orders issued by competent military authority.⁴

Guerrilla Warfare

Following this correspondence General Wells determined on carrying out his instructions. He ordered Major Joseph Taylor and others under his command to annoy the troops; stampede their cattle; set fire to their trains; burn the whole country before them and on their flanks; keep them from sleeping by night surprises; blockade the road; but must avoid strictly the taking of life. These instructions were faithfully followed and Major Lot Smith with a company of mounted rangers destroyed trains, ran off cattle and burned the grass, and otherwise inflicted damage, but no blood was shed.

Arrival of General Johnston

Early in November, 1857, General Albert Sidney Johnston, with additional troops and supplies, overtook the main body of the army on Black’s Fork. He was a capable and popular officer and soon enthused the troops who had become dispirited because of their many reverses. Their journey had not been a pleasant one, the Indians had run off many of their cattle, and the “Mormon” mountaineers had harassed them, had burned their trains of supplies, and destroyed the grass on which their teams and cattle were dependent. But their troubles were only beginning. Their haughty commander ordered a forward movement toward Fort Bridger, disdaining to turn from the direct route through the mountains.

If “the stars in their courses fought against Sisera,” in the days of ancient Israel, surely the elements fought against Johnston’s army in the days of modern Israel. From their camp to Fort Bridger was less than forty miles, but it was a barren desert. They found no shelter from the winter winds, there was no fuel, except the sage, and very little pasture for their animals. They commenced on the 6th of November, and their trains, extending for many miles, were forced to face the snow and sleet of the most severe winter weather. Their teams were goaded until they dropped dead in their traces. Fifteen days they were on the journey. Their cattle died for lack of food and exposure to freezing weather. When they arrived they found that Bridger and also Fort Supply, twelve miles away, had been burned by the militia.

The Forward March Abandoned

It became apparent that it would be impossible to reach the Salt Lake Valley before the coming spring. With great reluctance and injured pride the commander gave orders that the troops go into winter quarters on Black’s Fork. During the winter months Chief Justice Eckles, who with other federal officers dwelt in the camp, organized a court, without waiting to qualify, and indicted the leading men in Utah for treason and rebellion.

Proclamation of Governor Cumming

Governor Cumming issued a proclamation to the people of the territory in which he said: “I come among you with no prejudice or enmities, and by the exercise of a just and firm administration I hope to command your confidence. Freedom of conscience and the use of your own peculiar mode of serving God are sacred rights, the exercise of which is guaranteed by the Constitution, and with which it is not the province of the government or the disposition of its representatives in the territory to interfere.” Let it be said to his credit that these sentiments were sincere, and when he was established in his office he was brave enough to execute justice as he saw it. He commanded all armed bodies in the territory to disband and return to their homes stating that disobedience would “subject the offenders to the punishment due to traitors.”

There was no disposition on the part of the militia to disband. Too often had they been despoiled by mobs under guise of lawful troops. They had stood enough and were determined to defend their homes, no matter what were the accusations made against them.

The Mediation of Colonel Kane

At the beginning of the difficulties Governor Young sent a communication to Colonel Thomas L. Kane, explaining the motives in declaring martial law in Utah, and asking him to intercede at Washington. This loyal friend of the “Mormons” did not fail. He interviewed the President and offered his services as mediator between the government and the people of Utah. His services were accepted and he crossed the Isthmus of Panama, sailing from New York, and proceeded from California to Utah, where he arrived in February, 1858. At the time Congress was preparing to send reinforcements and money to carry on the “war.” Colonel Kane arrived, delicate in health, and wishing to test the “Mormon” people appeared in Salt Lake City in disguise as “Dr. Osborne.” He received hospitable treatment and was welcomed warmly when he became known. He reported the nature of his visit and reported that Captain Van Vliet had proved himself a friend of the “Mormons” on his return to Washington.

After a few days’ rest Colonel Kane departed for the army camp on Black’s Fork to interview Governor Cumming. After severe trials and adventures he arrived at the camp. Governor Cumming received him cordially and agreed to place himself under his direction and go to Salt Lake City without military aid. Such a step was strongly opposed by General Johnston, who attempted to arrest Colonel Kane as a spy. Governor Cumming felt insulted at the indignity offered and demanded an explanation, which the commanding officer failed to give in a satisfactory manner. The incident almost precipitated a duel between General Johnston and Colonel Kane.

Governor Cumming Enters Salt Lake City—His Reception

Accompanied by Colonel Kane and two servants, Governor Cumming set out for Salt Lake City. On the way they were met by an escort of Utah cavalry. Arriving in the city he was received with a cordial reception and was conducted to the home of William C. Staines, the territorial librarian. President Young called on him and bid him welcome saying, every facility that he might require for the efficient performance of his administrative duties, would be at his command. The governor wrote to General Johnston saying: “I have been everywhere recognized as Governor of Utah; and so far from having encountered insults or indignities, I am satisfied in being able to state to you, that in passing through the settlements I have been universally greeted with such respectful attentions as are due to the representative authority of the United States in the territory.”

The Governor’s Report to Secretary Cass

After a thorough examination, and finding all the records of the courts in perfect order, Governor Cumming wrote to Secretary of State Lewis M. Cass informing him of the true conditions in the territory and of the false reports which had stood as a foundation for the sending of an army.

The Exodus Toward the South

When Governor Cumming arrived in the city he discovered that many of the inhabitants of that place and the settlements to the north, had left their homes. Others were journeying toward the south. Where they were bound he could not learn more than that they were “going south” and driving their flocks and herds before them. He expressed the belief to the government that the destiny of these people was Sonora in northern Mexico. He regretted greatly that they felt it necessary to move, but he could do nothing to persuade them to remain as long as they were menaced by an army. Their experience in the past was too bitter in this regard, and could not be forgotten.

“Our military force could overwhelm most of these poor people,” wrote the governor, “involving men, women, and children in a common fate, but there are among the ‘Mormons’ brave men, accustomed to arms and horses; men who could fight desperately as guerrillas: and who, if the settlements are destroyed, will subject the country to an expensive and protracted war, without any compensating results. They will, I am sure, submit to ‘trial by their peers,’ but they will not brook the idea of trials by ‘juries’ composed of ‘teamsters and followers of the camp.’”

The Governor’s Wife Pleads for the People

In the middle of May, Governor Cumming returned to Camp Scott, where the troops were quartered. When he returned, his wife was with him. She gazed upon the deserted homes—for the people had departed, leaving only a guard to fire their property should the troops arrive in hostile attitude. The good woman wept and pleaded with her husband to do something to bring back the people. “Rest assured madam,” said he, “I shall do all I can. I only wish I could be in Washington for two hours; I am sure I could convince the government that we have no need of troops.”

The Peace Commission

Through the good services of faithful friends— among whom Colonel Thomas L. Kane stands out in bold relief—the government was persuaded to send peace commissioners to Utah. These gentlemen were Governor L.W. Powell of Kentucky and Major Ben McCullock of Texas. With them came Jacob Forney, Indian Superintendent for Utah. They met with Governor Cumming, Brigham Young and other prominent men, when the whole situation was discussed. It was agreed that there should be no opposition to Johnston’s army passing through the city providing they were not permitted to stop, but should pass on to make their camp at least forty miles away.

Their Epistle to Johnston

An agreement having been reached, the commissioners addressed a communication to General Johnston advising him of what had been done and requesting him to make proclamation among his troops. The commander was surprised at the decision, stating that the army would not trespass upon the rights or property of the peaceable citizens. His men, many of them, were greatly disappointed, for they were to be denied the privilege of plunder for which they hoped and talked about as they marched upon their way.

The Arrival of the Troops

June 26, 1858, the army under command of General Johnston, entered the Salt Lake Valley through Emigration Canyon. They passed through the city, now almost without inhabitants, and camped on the opposite side of Jordan river. Colonel Cooke, as he rode through the streets of the city, bared his head in honor of the valiant and loyal men of the Mormon Battalion. Three days after their arrival the troops passed on to the southwest and camped in Cedar Valley where they founded Camp Floyd, named after the Secretary of War, and here was to be their scene of action for several years to come.

The President’s “Pardon”

On the 6th of April, President Buchanan signed a proclamation, “offering to the inhabitants of Utah, who shall submit to the laws, a free pardon for the seditions and treasons heretofore by them committed; warning those who still persist, after notice of this proclamation in the present rebellion against the United States, that they must expect no further lenity.” This document, which is quite lengthy, was brought to Utah with the commissioners. The authorities of the Church denied that they had been disloyal, and disputed the statements in the President’s proclamation. Nevertheless, they accepted his pardon for driving off the cattle and burning the army trains, which they stoutly maintained was done in self-defense; but the other charges they fully denied.

The fact is that President Buchanan had been roundly scored in the press, and by statesmen in our own country and abroad. The easiest way out of it, for he had committed a great blunder, was to issue a proclamation exonerating himself, and pardoning the “culprits” who dared to maintain their rights against such overwhelming odds.

Notes