Demoralizing Effects of the Army’s Presence

It was the part of wisdom for President Brigham Young and his associates to insist on the camp of the army being far removed from Salt Lake City. It was with reluctance that their commander complied with that request, which was enforced by the peace commissioners. Very little good came to the people of Utah from the presence in their midst, of an armed force, with all its attendant camp followers. It is true that the people benefited in a financial way. They were able to dispose of their products for ready cash and clothing; but they could have managed to live—as they did before the army came—without these advantages, which, of course, they were ready to receive.

There was no debauchery, no immorality or fear of thieves breaking in to steal, in the communities of the Latter-day Saints, before the strangers to their faith came in. With the army all these attendant evils were introduced. The worst element with the army was, of course, the camp following—the freighters and hangers-on, who were not subject to the rigid discipline of army regulation. Yet, much of the evil which resulted, can be traced to subordinate officers and men of the ranks. With many of these, moral rectitude was a thing unknown; and woe to the foolish creatures who, like flies caught in a spider-web, were lured into camp.

To add to the difficulties, many of the enlisted men filled their term of service and were discharged. Usually they were in possession of very little means, and if a balance of pay was due them, it was soon squandered. Such characters flocked to Salt Lake City and other towns, where they became a terror to the inhabitants. Because of this, it became necessary to increase the police force of Salt Lake City, at least four fold. Appeals were made to Governor Cumming to get him to use his influence to have the discharged men marched beyond the borders of the territory. The governor took the matter up with General Johnston, with the result that the condition was relieved in this respect to some small degree. However, the situation could not fully be controlled by these officers, and as long as Camp Floyd (later Crittenden) was occupied by the troops, demoralizing agencies were at work, and the people were constantly in a state of agitation.

Governor Cumming’s Report

In reporting affairs in Utah to the Secretary of State, Governor Cumming made the following observations:

“Persons unbiased by prejudice who have visited this Territory will, I think, agree in the opinion that a community is seldom seen more marked by quiet and peaceable diligence than that of the Mormons.

“After the passage of the army, hundreds of adventurers were attracted to these valleys, and met here some congenial spirits. Banded together for rapine and acts of violence, they have stolen large herds of horses and mules. Many of these men, maddened by intemperance, or rendered desperate by losses at the gaming table, or by various other causes, have shed each other’s blood in frequent conflicts, and secret assassinations. These lawless and bloody deeds are committed by them almost daily with impunity, and when their atrocity and frequency shock the public mind, it has become the custom with a certain set of people to exclaim against the people of Utah; but it is an injustice to impute the acts of these desperadoes to the community in general. With an equal show of justice might they be attributed to the inhabitants of the States and Territories whence these men have so recently emigrated.”

The New Federal Officers

Chief Justice Delano R. Eckels and the new secretary of the territory, John Hartnett, arrived in Utah with the army. Jacob Forney, the superintendent of Indian affairs, arrived with the peace commissioners, and Judge Charles E. Sinclair and Attorney Alexander Wilson came near the end of July. The third judge, John Cradlebaugh, did not arrive until November. None of these officers were members of the Church.

After he had taken the oath of office, Chief Justice Eckels took up his residence at Camp Floyd and Judge Sinclair made his headquarters in Salt Lake City. Judge Cradlebaugh opened his court in Provo in March, 1859, although the seat of his district was Fillmore.

“Progress of Civilization”

The majority of the government officials sent to Utah during territorial days came obsessed with the idea that the “Mormons” were an unpatriotic and ignorant class of people, bound by blind obedience to the will of a set of knaves who presided over them. When a new government appointee came to Utah, usually he felt it incumbent upon him to begin his labors with a lecture to the people on loyalty and morality, and advise them to cast off the yoke of ignorance which bound them. These would-be reformers at times gave expression to the thought that they had brought civilization among the “Mormons” and were endeavoring to reform them. At the time of the return to the east in 1858, of one official— who had been notoriously corrupt and immoral in his conduct while in Utah —a number of the civil and military officers and some non-“Mormon” merchants tendered him a dinner. In the course of their hilarity they expressed the satisfaction he would feel in joining his “family and friends in a moral and civilized community.”

Such expressions as this led President Brigham Young, who was a sorrowful witness of the scenes of debauchery and crime practiced by some of these “reformers,” to say to another retiring official who was about to depart: “When you get back to the states, no doubt you will be asked many questions about me. I wish you would tell them that I am here, watching the progress of civilization.”

That some of these individuals were sincere, there can be no question, and they should have credit for honest conviction. However it was impossible for them to see the situation from the “Mormon” viewpoint. They came with pre-conceived ideas regarding the doctrines and practices of the Latter-day Saints, and were greatly prejudiced against them. Their prejudice stood in their own light so that they took no trouble to investigate or try to understand. In most cases it was sufficient to know that the “Mormons” were a peculiar people with a strange belief, in conflict with the doctrines of other people.

Many of these officers, however, were insincere. They were guilty of the very sins with which they accused the Latter-day Saints, and yet they brazenly sat in judgment and condemned the Saints, while they, themselves, were guilty of revolting crimes.

Attitude of the Judges

Chief Justice Eckels was given to drunkenness and was grossly immoral; yet he felt it his duty to advise that indictments be issued against the leaders of the Church for the practice of plural marriage. He did not know just how to handle the situation, for there were no statutes either in the territory or in the United States to punish such a thing. Therefore he attempted to place the matter under the old Mexican law which had no application in United States territory.

Associate Justice Sinclair, who was usually drunk, commenced his duties on the bench by charging the grand jury of his court, to indict ex-Governor Brigham Young, General Daniel H. Wells, and other “Mormon” leaders, for treason, on the ground that President Buchanan’s pardon, “while a public act in the history of the country,” yet it was a thing of which his court could not “take judicial cognizance.” United States Attorney Alexander Wilson took a different view and so expressed himself at length before the grand jury in open court, stating “that there are now no acts of sedition, treason, or rebellion against the government of the United States in this territory.” For that reason he would not present bills or bring action against any inhabitant of the territory on such a charge.

Bitterness of Cradlebaugh

Judge Cradlebaugh manifested a very bitter spirit against the leaders of the Church. When he opened court at Provo, he made a demand on General Johnston for several companies of troops from Camp Floyd, and a detachment was furnished him. The reason the judge gave for this action was that the presence of the soldiers was necessary to preserve the peace, and take care of the prisoners because there was no jail in Provo. The real reason was a desire to insult the people of the town and to intimidate witnesses before the court. Inside of two weeks there were about one thousand men in arms surrounding the court house.

Protest of the Citizens

Instead of keeping the peace, the presence of the troops was a menace to the peace of the town. Five hundred citizens righteously and vigorously protested against the insult in an address to the mayor and city council. They declared that their “feelings were aggrieved and outraged” by the appearance of a military force surrounding the court and infesting the halls of justice, and they considered it a “high handed outrage, a direct infringement upon the rights of American citizens and a gross violation of their liberties and municipal immunities.”

The judge was informed by the mayor and city council of the petition and was asked for the immediate removal of the troops beyond the city limits. It was declared that their presence made it very difficult for the officers of the city to preserve the peace. The judge refused to listen to the appeal. Later another vigorous protest was made by the city officials, who declared that soldiers had been caught breaking into houses; they had engaged in drunken street brawls and had otherwise disturbed the peace. However, Judge Cradlebaugh turned a deaf ear to all appeals.

Governor Cumming’s Proclamation

Governor Cumming visited Provo in the month of March, and to him an appeal was made by the mayor and council. The governor could see the situation for himself, and forwarded a communication to General Johnston requesting him to withdraw the troops. General Johnston refused to hearken to the request of the governor, on the grounds that he was there to serve each of the coordinate branches of the territorial civil government, and was subject to the judicial as well as to the executive department. Upon this refusal of the commander of the troops, Governor Cumming issued a proclamation protesting against the presence of the military force which had been called to Provo without his sanction and contrary to the instructions given him by the government. Their presence, said the governor, had a tendency to terrify the inhabitants and disturb the peace. All future movements of the troops should be at his direction in accordance with his instructions from Washington.

Result of the Conflict

The result of this conflict in authority was that Judge Cradlebaugh and his associate, Judge Sinclair, sent a communication to the attorney-general of the United States, Jeremiah S. Black, in relation to the matter. Other letters were sent by Judge Eckels to the secretary of state and by General Johnston to the secretary of war. The secretary of state wrote to Governor Cumming for the facts which were furnished. When the replies were received, the officious judges were rebuked and given to understand that the armed forces in the territory were subject to the command of the executive. Said the attorney general: “The governor is the supreme executive of the territory. He is responsible for the public peace. From the general law of the land, the nature of his office, and the instructions he received from the state department, it ought to have been understood that he alone had power to issue a requisition for the movement of troops from one part of the territory to another.” He further stated that “the condition of things in Utah made it extremely desirable that the judges appointed for that territory should confine themselves strictly within their own official sphere,” and leave accusations to the district attorney, and arrests to the marshal, who was responsible for the safe-keeping of criminals.

Attempt to Remove Governor Cumming

The rebuke from Washington was naturally very displeasing to the judges, who were thus confined to the duties of their office. In Camp Floyd there was manifestation of displeasure. A mass meeting was held and an address was issued in which the “Mormons” were accused of disloyalty and it was set forth that a great wrong had been done in forcing the withdrawal of the troops from the protection of the courts. The wrath of the disgruntled camp was also turned against Governor Cumming, and the attempt was made to have him removed from office. This might have been accomplished through the influence of General Johnston, had not Colonel Thomas L. Kane once more come to the rescue.

Attack on President Young

When Judge Cradlebaugh organized his court at Provo, he expressed his determination to investigate the Mountain Meadows massacre and other crimes. This action would have been commendable if it had been taken with a desire to execute justice, but it was a flagrant attempt to connect President Young and the leading Church authorities with the crime. He inferred that the guilty parties were among the leaders of the Church and should be brought to justice. Later, accompanied by a United States deputy marshal and a detachment of troops, he visited southern Utah and collected what evidence could be obtained respecting the Mountain Meadows massacre, leaving no stone unturned in the endeavor to implicate President Brigham Young and others, in which attempt he miserably failed. Nevertheless, to the grand jury he said: “The very fact of such a case as that of the Mountain Meadows shows that there was some person high in the estimation of the people, and it was done by that authority; .. . and unless you do your duty, such will be the view that will be taken of it. You can know no law but the laws of the United States and the laws you have here. No person can commit crimes and say they are authorized by higher authorities, and if they have any such notions they will have to dispel them.”

Cradlebaugh’s Insult to the Jury

As the grand jury failed to act with the promptness he thought they should, the judge dismissed them “as an evidently useless appendage of a court of justice.” This unjustifiable attack was resented by the grand jury in a written protest.

In a spirit of anger the judge dismissed criminals who were before his court awaiting trial on grave charges, giving for his reason the following excuse:

“When this people (‘Mormons’) come to their reason, and manifest a disposition to punish their own high offenders, it will be time to enforce the laws also for their protection. If this court cannot bring you to a proper sense of your duty, it can at least turn the savages in custody loose upon you.”

Attempt to Capture President Young

Another attempt was made about this time to get President Young in the toils of the law on a groundless charge. It appears that a number of criminals at Camp Floyd plotted to rob the government. They hired a young engraver in Salt Lake City to duplicate the plate used by the quartermaster at Camp Floyd in drawing on the government at St. Louis and New York. The work was done, but the fraud was detected, and a man by the name of Brewer was arrested. He turned state’s evidence and threw the responsibility for the deed upon the engraver who had been hired to do the work. As someone in the office of President Young had furnished the paper on which the counterfeit notes were printed, the army officers felt that they had a case against President Young, and manifested their great pleasure at the prospect of implicating him. The officers entered into a plot to secure his arrest. Thinking that an attempt to take him openly would meet with resistance, the army was to be ordered to Salt Lake City and the artillery was to make a breach in the wall surrounding his premises, through which they would enter to secure President Young a captive, and then carry him to Camp Floyd for trial.

Governor Cumming’s Stand

This plan was presented to Governor Cumming, who listened to the plotters and examined their papers. “They rubbed their hands,” said the governor, “and were jubilant; they had got the dead wood on Brigham Young. I was indignant, sir, and told them, By ——, gentlemen, you can’t do it! When you have a right to take Brigham Young, gentlemen, you shall have him without creeping through walls. You shall enter by his door with heads erect as becomes representatives of your government. But till that time, gentlemen, you can’t touch Brigham Young.”

The plotters were greatly disappointed and returned to Camp Floyd threatening to act in opposition to the executive. Because of these rumors, Governor Cumming ordered General Daniel H. Wells to be prepared with the militia to repel any such attack. It was a courageous thing for the governor to do in the face of the strong feeling of opposition existing at Camp Floyd against President Young.

Departure of the Army

As long as the army remained in Utah, such conditions prevailed. In February, 1860, General Johnston departed from Camp Floyd to go to Washington. He went by way of California and the Isthmus of Panama. Shortly after, he was found leading an army of the South against an army of the North, in the war of the Rebellion, endeavoring to destroy the Union. In the battle of Shiloh he was killed while commanding the Confederate forces. In 1861, Camp Floyd, then called Fort Crittenden, was abandoned.

Retirement of Governor Cumming

Governor Cumming departed from Utah in May, 1861, a short time before his term of office expired, and returned to his old home in Georgia. His departure was much regretted, for he had served the people faithfully and well, discharging every obligation as he saw his duty, without fear or favor of men. The people certainly had good reason for regret, as his successors quite generally were men of a very different stamp.

The “Mormon” People and the Rebellion

The loyalty of the Latter-day Saints to the United States had frequently been questioned by their enemies and those unacquainted with them. When the war of the Rebellion broke out, the Saints again manifested their loyalty to the Union. When the telegraph line across the continent was completed, in October, 1861, President Brigham Young was courteously tendered the privilege of sending the first message from Salt Lake City. It was to the president of the telegraph company, Mr. J.H. Wade, as follows:

“Sir: Permit me to congratulate you upon the completion of the Overland Telegraph Lines west to this city, to commend the energy displayed by yourself and associates in the rapid and successful prosecution of a work so beneficial; and to express the wish that its use may ever tend to promote the true interests of the dwellers upon both the Atlantic and Pacific slopes of our continent.

“Utah has not seceded, but is firm for the Constitution and laws of our once happy country, and is warmly interested in such useful enterprises as the one so far completed.”

In making his reply, President Wade expressed gratitude to President Young, that his, the first message to pass over the line, “should express so unmistakably the patriotism and union-loving sentiments” of himself and people.

In April, 1862, President Lincoln requested President Brigham Young to raise a force of cavalry to guard the overland route, which was promptly done. Before the request came, the offer was made by President Young to protect that route.

Moreover, while many states were endeavoring to get out of the Union, the “Mormons” were petitioning Congress to get in. This privilege of state government was denied them. The denial was very largely due to the hostile attitude of the new officials, Governor Stephen S. Harding, and two of the territorial judges, Charles B. Waite and Thomas J. Drake, who were decidedly unfriendly to the people of the territory.

Other reasons given were the general feeling of opposition to the faith of the Latter-day Saints—especially against the practice of plural marriage, and the belief, which still erroneously persisted, that they were disloyal. “An un-American condition of affairs was supposed to exist here,” so writes Orson F. Whitney, “hostile to the Government and subversive of morality and civilization. Priestcraft, polygamy, and murder were thought to be the chief cornerstones of ‘Mormonism.’ A union of Church and State was alleged. It was charged that the ‘Mormon’ people were under the sway of an ecclesiastical despotism which ‘overshadowed and controlled their opinions, actions, property, and lives, penetrating and supervising social and business circles, and requiring implicit obedience to the counsel of the Church, as a duty paramount to all the obligations of morality, society, allegiance and law.’”¹

Notes