Governor Shaffer

Following the removal of Governor Harding in 1863, Utah was blessed for a time with the presence of governors who were inclined to attend to the duties of their office without much interference with “Mormonism.” Governors James Duane Doty and Charles Durkee had held the office and S.A. Mann, secretary of the territory, served as acting governor following the resignation of Governor Durkee in 1869, until the appointee of President Ulysses S. Grant arrived in the territory in the spring of 1870. This was J. Wilson Shaffer of Illinois, who proved to be the most bitter and bigoted anti-“Mormon” governor Utah ever had. He was in his forty-third year when he came to Utah, and was suffering from consumption, contracted while serving in the Civil War. He was a man of determined will, and evidently was sincere in his conviction that the “Mormons” were more than “rebels,” who needed the drastic treatment which by some was considered proper and necessary treatment for the South, during the days of reconstruction. He came to Utah with a bias against the Latter-day Saints which nothing short of a miracle could remove. “Never after me, by ——,” said he, “shall it be said Brigham Young is governor of Utah.” In this expression he displayed his ignorance of the conditions in Utah—a mistake made by many others—that because the Latter-day Saints hearkened to the counsels of President Young who, as their inspired leader, directed them as members of the Church, he was usurping the prerogatives of the executive. If these men had been broad enough they might have seen that President Young respected the civil authority at all times, even when sorely abused and tried by the petty acts of presumptuous and bigoted officials, who did all in their power to annoy and humiliate him before the people.

Removal of Secretary Mann and Judge Wilson

The anger of Governor Shaffer was kindled against Secretary Mann because he, as acting governor, signed the woman suffrage bill and endeavored to show some just consideration for the majority of the people. Likewise he displayed feelings of resentment against Chief Justice Charles A. Wilson because he would not subvert the law in favor of the anti-“Mormon” “ring” to the disadvantage of the people. Wilson was accused of exercising too much leniency towards the “Mormons,” so he, like Secretary Mann, was removed through the influence of the governor.

The Coming of Judge McKean

To succeed the deposed officials, Vernon H. Vaughan was sent to Utah as secretary of the territory and Judge James B. McKean to be chief justice. O.F. Strickland and C.M. Hawley were also appointed associate justices to fill vacancies which existed. Judge McKean, like Governor Shaffer, was a relentless anti-“Mormon,” bigoted and narrow. He came to Utah with a “mission,” said he, “as high above my mere duty as a judge, as the heaven is above the earth.” That “mission” was the overthrow of “Mormonism.” However, Judge McKean is gone, and “Mormonism” still survives and prospers.

Influence on Schuyler Colfax and Rev. Newman

The appointment of these bigoted and narrow-souled officials was largely due to the influence of Vice-President Schuyler Colfax and Rev. John P. Newman. The former had visited Utah on two occasions; first in 1865, when he was speaker of the house of representatives, and again in 1869, when he was holding the office of vice-president in the administration of U.S. Grant. He was associated with an organized “ring” of anti-“Mormon” agitators and politicians, who were bent on the destruction of “Mormon” dominion in Utah. On each visit he had shown marked opposition to the Church. Rev. Newman was President Grant’s minister, and was also chaplain of the United States Senate.

Governor Shaffer and the Militia

By act of the Utah Legislature in 1852, the militia, under the title of the “Nauvoo Legion,” met in annual muster. In keeping with the law, Lieutenant General Daniel H. Wells issued an order August 16, 1870, calling for a three days’ muster, for the purpose of inspection, drill and camp duty. Governor Shaffer was absent from the territory at the time, but as soon as he returned he issued a counter order forbidding any muster, or drill, or gathering of any military organization within the territory, except upon his orders. He also illegally appointed Patrick E. Connor major general of the militia, and William N. Johns, colonel and assistant adjutant general, and directed that all arms and munitions belonging to the territory, or to the United States, then in possession of the militia, be delivered to Colonel Johns, without delay. Through misrepresentation, the government had sent troops to Utah to act as “a moral force” in protecting Gentiles and apostates. The action of the governor practically destroyed the militia, and by aid of the government troops, he endeavored to establish a military power to intimidate the Latter-day Saints, and lessen the power of the “Mormon” leaders.

Request of General Wells

Against this high-handed outrage, General Wells wrote, requesting the governor to suspend his order until the 20th of November to enable Adjutant General Hiram B. Clawson to make a complete report according to law, of the condition of the militia. Governor Shaffer answered General Wells, October 27, 1870, in an insulting letter denying the request. General Wells answered this attack in an open letter which was published in the Deseret News.

The Provo Riot

The governor’s attitude in disregarding all local civil law and authority, bore bitter fruit. The peace officers were rendered helpless in the performance of their duties, and the rabid part of the community manifested a spirit of contempt and defiance for the law. The city ordinances were broken with impunity, and the violators were protected by the governor and judges. The spirit prevailed among a certain class that the “Mormons” had ruled in Utah long enough and it was stated that the authorities at Washington were to make a change. There was to be a revolution and the minority was to assume the reins of government.

One week after the governor’s proclamation disarming the militia, a mob of about forty United States soldiers, who were stationed at Fort Rawlins, near Provo, made a raid on that town. Late at night. September 22, they went to the home of Alderman William Miller, fired several shots into the building, smashed in the doors and windows, and took Miller a prisoner. Similar rioting occurred at the homes of Alderman Elijah F. Sheets and Counselor A.F. McDonald. The home of the latter was ransacked and his substance scattered in the yard and street. The doors and windows of the co-operative store, and those of the meetinghouse, were broken, and the rioters attempted to burn the latter building. Armed with needle guns they captured a number of citizens and paraded them through the streets prodding them with their bayonets. The reason for this deed was that the citizens of Provo had refused to sell liquor to the troops.

Governor Shaffer’s Letter to General De Trobriand

Several days after the riot occurred Governor Shaffer wrote to General De Trobriand, commander at Camp Douglas, censuring him for the outrage and trying to place upon his shoulders the responsibility for the raid, for which he was in no wise responsible. His command and that at Fort Rawlins, were separate and distinct units. The general answered the governor’s letter—which was evidently written for political effect and to injure the commander because he had shown some kindness to the “Mormon” people—with some sharpness, showing that the governor and not the general had been derelict of duty. If the governor expected to profit by his communication, which was evidently the case for he gave it to the press before the general received it, very little benefit was derived from it.

The Rioters Punished

The commander at Fort Rawlins, Major Osborne, as well as General De Trobriand, greatly regretted the unfortunate and unprovoked attack made by the soldiers. The matter was taken up in a proper way by the military department of the Platte, and the guilty parties were duly punished.

Death of Governor Shaffer

Monday, October 31, 1870, Governor J. Wilson Shaffer died in Salt Lake City. He came to Utah in March and had served as governor about seven months, but during that time had shown extreme bitterness against the majority of the people in all his official acts. The day of his death a dispatch came from Washington appointing Vernon H. Vaughan, the territorial secretary, to succeed him, who in turn was succeeded by George A. Black, as secretary. Mr. Black had been Governor Shaffer’s private secretary.

“The Wooden Gun Rebellion”

In November, 1870, at the regular time for the military musters, which had been prohibited by Governor Shaffer, about one hundred men assembled on the Twentieth Ward Square, many of them carrying wooden guns. Governor Vaughan was absent at the time and Secretary Black was acting governor. He had eight of the men, viz: Andrew Burt, Charles R. Savage, William G. Phillips, James Fennemore, Charles Livingston, George M. Ottinger, Archibald Livingston and John C. Graham, arrested. They were taken before Judge Hawley who bound them over to await the action of the grand jury on the ground that it appeared that probably they had committed a crime in disregarding Governor Shaffer’s order. They were placed under heavy bonds, and as they refused to give bail, were given over to the military authorities at Camp Douglas. They were kindly treated by the officers and both “Mormon” and non-“Mormon” merchants looked after their wants, furnishing them with many delicacies while they remained prisoners. The grand jury, when it met, refused to indict them, and they were released. This incident became popularly known as “The Wooden Gun Rebellion.”

The Return of Martin Harris

August 30, 1870, Martin Harris, one of the three witnesses to the Book of Mormon, arrived in Salt Lake City. He had been absent from the Church since the days of Kirtland; but had never during all those years denied his testimony. He now came back humbly to the Church, and was baptized by Elder Edward Stevenson and confirmed by Elder Orson Pratt. He died at Clarkston, Cache County, July 10, 1875, when nearly ninety-three years of age. A few hours before his death he discoursed on the Book of Mormon and reiterated the truth of the visit of the angel and bore testimony to the divine origin of the Book of Mormon.

The Pratt-Newman Discussion

During the consideration of the Cullom Bill by Congress, Rev. John P. Newman, pastor of the Metropolitan Methodist Church in Washington, and chaplain of the senate, delivered a number of lectures trying to prove that “God’s law condemns the union in marriage of more than two persons.” His lectures were published in the New York Herald, and replies were made to them by Elder Orson Pratt. It was suggested by Edward L. Sloan, acting editor of the Salt Lake Daily Telegraph, a paper owned by “Gentile” interests, that the reverend gentleman was wasting his ammunition by preaching against plural marriage in Washington. It would be better for him to come to Utah where the question was a live issue, and discuss the issue with Orson Pratt, or some other “Mormon” elder. Mr. Newman, construing this as a challenge from President Brigham Young, came to Utah in the summer of 1870, armed cap-a-pie and with banners flying. He immediately informed President Young that he was here to accept his challenge to discuss the plural marriage question. President Young advised him that he had issued no such challenge. After the exchange of a number of spirited letters the reverend doctor issued a challenge to President Young to discuss the question, “Does the Bible Sanction Polygamy?”

It was evidently notoriety and worldly applause Mr. Newman was seeking, and he was quite surprised and disappointed when President Young, in accepting the challenge, appointed Orson Pratt or John Taylor, whichever Mr. Newman might prefer, to take his place in the discussion. He came to meet the chief and not a subordinate. Nevertheless, after some parleying the debate was held. Elder Orson Pratt taking the affirmative of the question. The discussion began August 12, 1870, at 2 p.m. and continued during the two following days. Moderators were chosen, but the merits of the discussion were left to the public to decide. The press of the country took up the discussion, after the debate was over, and the consensus of opinion throughout the land was that Elder Pratt had proved too skilful for Dr. Newman.

Comments of the Press

The Washington correspondent of the New York Sun stated that the reverend doctor was “out of his depth” in the discussion, and that it was “plain that the apostle carried too many guns for the chaplain of the Senate.” The Boston Banner of Light declared that “The Dr. Newman, who went forth from Washington to Salt Lake City to take Mormonism by storm by flourishing his Orthodox Bible in its face, has had to come away after a pretty severe tilt with one of the leading elders, leaving his Bible behind him. Elder Pratt took his Bible out of his hands and opened it again and again to pages that taught and upheld the polygamy doctrine, reading off whole volleys of historical texts that went to establish the leading Bible characters, esteemed Saints by Orthodoxy, as regular Mormons. Dr. Newman crawfished amazingly on this part of the argument and was at last rather glad to abandon it to his Mormon opponent.” Other papers declared that force alone could settle the “Mormon Question.”

Usurpation of Authority

What the anti-“Mormon” political “ring” failed to accomplish by congressional enactment, they assumed to obtain through the actions of the governor and the judges. Judge McKean and his colleagues ignored the territorial laws enacted in 1852, which were still on the statutes, and denied to the probate courts all jurisdiction except in matters of probate. Likewise the duties of the territorial marshal and the territorial attorney general had been taken from them and placed in the hands of the United States marshal and the United States attorney. This, however, was done before the coming of McKean, but he and his associates confirmed that action. The result of these illegal proceedings was packed juries, absurd and contradictory rulings, the law becoming a mockery and justice a travesty.

The Englebrecht Case

August 27, 1870, three days before the arrival of Chief Justice McKean, an incident occurred in Salt Lake City which was ultimately to have much to do with the overthrow of his tyrannical and fanatical power. This was the legal abatement by the police of a liquor establishment conducted by Paul Englebrecht, Christian Rehemke and Frederick Lutz. These men had been repeatedly fined for infraction of the law; but on each occasion had appealed their case on the ground that the city had no jurisdiction in the case. Expecting protection from the district courts, which they had ample reason to believe would be given, the firm continued to do an illegal liquor business without a city license. On the date mentioned, the police emptied all the liquor into the ditch and destroyed all the vessels that were used in its sale.

For this action suit was brought against the officers on complaint of Mr. Englebrecht, and they were placed under bonds to await the action of the grand jury on a criminal charge.

An Illegal Jury

Judge Strickland ordered the grand jurors for that term of court selected by the United States marshal upon a writ of open venire, when the law provided that the county clerk in the presence of other officials should select them by lot. The attorneys for the city officers challenged the proceedings and filed a motion to that effect. Judge Strickland ruled that the third district court was a United States court and subject to the acts of Congress, and not the laws of the territory, the challenge was overruled and the jurors accepted. The accused men were indicted and then convicted for “a wilful and malicious destruction of property,” and were ordered to pay damages in the sum of $59,063.25, which was three times the price of the property destroyed. The supreme court of Utah affirmed the decision and an appeal was taken to the supreme court of the United States. Of this action we will speak later.

Indictment Against President Young

When these perverters of the law had things arranged to their liking they prepared to conduct a crusade against the Church. President Young was indicted by this hand-picked grand jury for “lewd and lascivious cohabitation.” He was later admitted to bail by Judge McKean in the sum of five thousand dollars.

“A System on Trial”

Arguments were made before the court to quash the indictment, which consumed several days, but Judge McKean rendered a decision in which he said:

“Let the counsel on both sides, and the court also keep constantly in mind the uncommon character of this case. The supreme court of California has well said, ‘Courts are bound to take notice of the political and social conditions of the country they judicially rule.’ It is therefore proper to say, that while the case at bar is called ‘the People versus Brigham Young,’ its other and real title is ‘Federal Authority versus Polygamic Theocracy.’ The government of the United States, founded upon a written Constitution, finds within its jurisdiction another government claiming to come from God—imperium in imperio—whose policy and practices are, in grave particulars, at variance with its own. The one government arrests the other, in the person of its chief, and arraigns it at this bar. A system is on trial in the person of Brigham Young. Let all concerned keep this fact steadily in view; and let that government rule without a rival which shall prove to be in the right.”

The motion being overruled the defendant pleaded not guilty, and further proceedings were postponed for future action. Among the attorneys defending President Young were Thomas Fitch and Charles H. Hempstead, non-“Mormons.” The latter was formerly captain of the California volunteers and editor of the Vedette, the first anti-“Mormon” paper in Utah. He resigned the office of United States district attorney because of the wicked and malicious methods in which the federal courts in Utah were conducted, and became legal counsel for President Young.

Throughout the entire country the attitude and remarks of Judge McKean were severely criticized for attempting to prosecute the Church in the case of Brigham Young and punish him for the alleged “evils of a system.”

Unexpected Calling of the Case

Having been given to understand that his case would not be called until the spring term of court, President Young, who was in ill-health, went to St. George to spend the winter. His leading attorney, Thomas Fitch, also departed for the East. No sooner had Judge McKean learned of the departure of President Young than he set the date for the trial for the 20th of November. Attorney Hempstead protested, and asked for further time on the ground that it was not understood that the case would be called. Mr. Baskin, the prosecutor, demanded a forfeiture of the bond because the defendant was not present, but Judge McKean granted a stay until December 4, and later to the 9th of January, 1872. It was published by the Associated Press that Brigham Young had forfeited his bond and had fled from justice, and every lie imaginable to his injury was presented to the people of the United States. Although he was sick and it was bitter winter weather, President Young, over the protest of his brethren, returned to Salt Lake City, to face trial before the unfriendly court. In the meantime, however, Mr. Baskin who had been improperly appointed district attorney, was replaced by George C. Bates.

Other Accusations

On the statement of William A. Hickman, a self-confessed murderer, who had been excommunicated from the Church for his crimes, charges were made against Brigham Young, Daniel H. Wells and others, as accessories to Hickman’s crimes. President Young knew that he would also face this charge when he returned to Salt Lake City. Nevertheless he returned, and on the 2nd day of January, appeared in court to the astonishment of his enemies and asked to be admitted to bail. District Attorney Bates was willing that bail should be given if it should be fixed at the unreasonable sum of five hundred thousand dollars, but Judge McKean refused on any terms to release the defendant. However, out of consideration for the condition of his health he permitted him to be a prisoner in his own house guarded by deputy marshals. Daniel H. Wells, who was mayor of Salt Lake City, had previously been admitted to bail in the sum of fifty thousand dollars. This was looked upon as an act of Providence —almost a miracle. A quarrel arising between the judge and the district attorney, both went to Washington and the trial of the accused brethren was postponed.

The Englebrecht Decision

The case never came to trial, for from the supreme court of the United States there came a decision which overturned the rulings of the tyrannical judges. It was the decision in the Englebrecht liquor case. The dispatch announcing it, which came over the wire April 15, 1872, was as follows: “Jury unlawfully drawn: summons invalid; proceedings ordered dismissed. Decision unanimous. All indictments quashed.” This decision put an end to these petty persecutions for the time, and about one hundred and twenty individuals, many of whom had been imprisoned many months, were released.

The Poland Law

In 1874, Congress passed a measure repealing certain Utah statutes relating to the territorial marshal and attorney general, and vesting their duties in the federal officers. The probate courts were also limited in their jurisdiction to matters of estates, guardianship and divorce. This, in part, is what the anti-“Mormon” element had been contending for in Utah. While this legislation was much less radical than that previously proposed, yet it curtailed the civil and political rights of the people, which had guaranteed their protection against tyranny in the past.

The Case of Ann Eliza Webb Young

In July, 1873, a divorce suit was filed before Judge McKean, by Ann Eliza Webb Young, against President Brigham Young. This woman, a plural wife, besides asking for a decree of separation also sued for alimony pending the litigation, and for permanent support for herself and two children by a former marriage. The case dragged along until February, 1875, when Judge McKean ordered the defendant to pay the plaintiff three thousand dollars attorney’s fees and five hundred dollars a month for her support and the education of her children. President Young was given ten days in which to pay the fees, and twenty days to pay the alimony, which amounted for the nineteen months to nine thousand five hundred dollars.

An appeal was taken to the supreme court of the territory, but before a decision could be reached the time limit had expired, and the defendant was again dragged before the remarkable tribunal of Judge McKean to show cause why he should not be punished for contempt of court. He denied that he had any intention of showing contempt and was merely seeking the benefit of an appeal. Judge McKean held that he was guilty of contempt and sentenced him to twenty-four hours’ imprisonment in the penitentiary. He was accompanied to prison by a number of friends and spent the night in comparative comfort in a room adjoining the warden’s quarters.

Removal of Judge McKean

The news of this strange trial and the actions of Judge McKean spread throughout the country. There was a great deal of unfavorable comment. The San Francisco Bulletin said: “When Judge McKean assumes that this woman is the wife of Young, makes an interlocutory degree granting her three thousand dollars to maintain 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.” A Chicago paper stated: “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.” Even the President of the United States, who had stood by Judge McKean through all his dealings, when others protested and favored his removal, was forced to take some action. Five days after he sent President Young to prison, Judge McKean was removed from office for “several acts,” which the dispatch stated, were deemed “ill advised and tyrannical, and in excess of his powers as a judge.”

The Case of George Reynolds

In 1874, George Reynolds, the private secretary of President Brigham Young, and a man of honor and integrity, was indicted for violation of the bigamy law of 1862. This was to be a test case. The “Mormon” people felt confident that the law was unconstitutional as it restricted them in the exercise of their religion and plural marriage had been commanded by the Lord. Elder Reynolds hearing of his indictment voluntarily appeared in court, and gave himself up for trial. He was convicted and sentenced to one year’s imprisonment and to pay a fine of five hundred dollars. An appeal was taken to the supreme court of the territory, and the case was dismissed on the ground that the grand jury which found the indictment was an illegal jury.

The Second Reynolds Trial

A second trial was held in 1875, before Alexander White, chief justice of Utah. Judge White manifested a determination to be severe, and when a verdict of guilty was rendered, he sentenced Elder Reynolds to pay a fine of five hundred dollars and serve a term of two years in the penitentiary at hard labor. The supreme court of Utah confirmed the decree, and an appeal was taken to Washington.

Death of President George A. Smith

September 1, 1875, President George A. Smith, first counselor to President Brigham Young, died at his residence—the Historian’s Office—in Salt Lake City. He was ordained to the apostleship at the temple lot in Far West, April 26, 1838, when in his twenty-second year. He passed through the trials and vicissitudes of the Church from the days of Kirtland. He was Church historian and recorder from 1854 until the time of his death. In the fall of 1872 he took a mission to Europe and Asia, accompanied by Elder Lorenzo Snow and others, and visited the various missions and Jerusalem, where he rededicated the land for the return of the Jews. While absent he was sustained as trustee-in-trust for the Church.

Dedication of the St. George Temple

The forty-seventh general conference of the Church was held in the St. George Temple in April, 1877. President Young, his counselors, the apostles and many leading brethren were present. The St. George Temple was dedicated on the 6th, President Daniel H. Wells offering the dedicatory prayer. This was the first temple to be erected in the Rocky Mountains, and the first which the Saints had been privileged to build without molestation by enemies. Work for both the living and the dead commenced in the building following the dedication and has continued to be performed ever since.

Death of President Young

August 29, 1877, President Brigham Young, then in his seventy-seventh year, passed away after a brief illness, at his home in Salt Lake City, surrounded by his family. On the 19th, he organized the Box Elder Stake of Zion, at Brigham City, which marked the close of his public ministry. The last words he uttered were “Joseph, Joseph, Joseph!” He was thinking of—perhaps conversing with—the Prophet Joseph Smith. September 2, the funeral services were held in the tabernacle, and there were gathered there to pay their respects and to mourn, the many thousands of modern Israel.

Brigham Young, the Prophet

Brigham Young, the great pioneer and colonizer—but greater still the prophet of the Lord—was sincerely loved by the righteous and equally hated by the wicked. His life was one of trials and tribulations. Few were the days he spent in peace; many were the days he suffered and labored for the love of his fellow-men. He died misunderstood, save by the little band of devoted Saints who suffered with him and shared his hopes, his aspirations, and the assurance which was his of eternal life in our Father’s Kingdom.