Chapter II: Political

Brigham as Governor of Utah and Superintendent of Indian
Affairs.--Formation of the State of Deseret.--Proceedings of
the Utah Legislature.--Brigham's Proclamations.--Difficulties
with the Federal Officers.--Proceedings of the first Judges.

By the treaty of Guadalupe Hidalgo, concluded between the United States and Mexico in 1848, the country now embraced in the Territory of Utah was transferred from the jurisdiction of the latter to that of the former, and on the 9th of September, 1850, Congress passed an Act to organize the Territory of Utah.

The Mormons arrived in the Salt Lake Valley on the 24th of July, 1847, while the Territory yet belonged to Mexico. When the peace between the United States and Mexico was concluded, the Mormons were left without a government. They took advantage of this opportunity to set up an independent government.

Early in 1849 they met in convention to frame a constitution for "the State of Deseret." The following is an abstract of the minutes of that convention:--

On the 15th of March, 1849, the convention appointed the following persons a committee to draft a constitution for the State of Deseret, to wit: Albert Carrington, Joseph L. Heywood, William W. Phelps, David Fullmer, John S. Fullmer, Charles C. Rich, John Taylor, Parley P. Pratt, John M. Bernheisel, and Erastus Snow.

March 18, 1849, Albert Carrington, chairman of the committee, reported the following constitution, which was read, and unanimously adopted by the convention: [The preamble only is here given.]

"CONSTITUTION OF THE STATE OF DESERET.

"Whereas a large number of the citizens of the United States,
before and since the treaty of peace with the Republic of
Mexico, emigrated to and settled in that portion of the
territory of the United States lying west of the Rocky
Mountains, and in the great interior basin of Upper
California; and whereas, by reason of said treaty, all civil
organization originating from the Republic of Mexico became
abrogated; and whereas the Congress of the United States has
failed to provide a form of civil government for the territory
so acquired, or any portion thereof; and whereas civil
government and law are necessary for the security, peace, and
prosperity of society; and whereas it is a fundamental
principle in all republican governments that all political
power is inherent in the people, and governments instituted
for their protection, security, and benefit, should emanate
from the same:

"Therefore your committee beg leave to recommend the adoption
of the following _Constitution_, until the Congress of the
United States shall otherwise provide for the government of
the Territory hereinafter named and described, by admitting us
into the Union.

"We, the people, grateful to the Supreme Being for the
blessings hitherto enjoyed, and feeling our dependence on Him
for a continuance of those blessings, _do ordain and establish
a free and Independent Government_, by the name of _the State
of Deseret_; including all the territory of the United States
within the following boundaries, to wit:" [Here follow the
boundaries of the proposed new State.]

It will be noticed by the phraseology of the foregoing preamble that this government was to be "free and independent," and was intended to remain such until the new State, thus constituted, _should be admitted into the Union_. In other words, they intended, through the machinery of this independent State, to harass and annoy the government, and the gentiles, until the "saints" could force themselves into the Union upon their own terms. This theory is fully sustained by the subsequent history of this inchoate State. The very first steps taken were independent of, and in hostility to, the officers appointed by the Government of the United States, as will more fully appear in the following pages.

The formation of this government for the State of Deseret was the first effort to throw off the yoke of the Federal Government,--an effort which has been persistently persevered in to the present time.

There never has been a time since Brigham Young crossed the Rocky Mountains, when he has honestly entertained the idea of being a good and loyal citizen of the United States.

The following were the first officers of this infant monarchy:--

Governor, BRIGHAM YOUNG.
Lieutenant-Governor, HEBER C. KIMBALL.
Chief Justice, DANIEL H. WELLS.

The Assembly met, and after listening to the Governor's Message, proceeded to frame a code of laws. This _pseudo_ State government remained in force until the 22d of September, 1851, when the Territorial Legislature convened.

In the mean time Brigham, having been appointed Governor of the newly organized Territory, and Superintendent of Indian Affairs, and seeing a fair prospect of lining his pockets from the treasury of the United States, concluded to forego for a time his ambitious projects, and consented that the new "State" should be merged into a United States Territory.

The federal officers were appointed during the session of 1850-51, but owing to the difficulty of transportation, did not arrive until July, 1851. Young, who had been appointed Governor, had, on the 3d of February, 1851, taken the oath of office before Wells, _Chief Justice of Deseret_.

The first session of the Territorial Legislature was convened, in pursuance of the proclamation of the Governor, on the 22d day of September, 1851, and continued by adjournment from time to time, until the 18th day of February, 1852. This was succeeded by a special session, called by proclamation of the Governor, commencing the following day, and continuing until the 6th day of March, 1852. What there was in the political condition of this community, subjected as they were, in almost all the relations of life, to a complete and comprehensive system of religious government, to require a continuous session of the Territorial Legislature for nearly six months, has never yet been explained.

The following is extracted from the published proceedings of the first Legislative Assembly:--

"REPRESENTATIVES' HALL, Tuesday, Sept 23, 1852.

"10 o'clock, A. M. Both houses of the Legislative Assembly met
in joint session, according to previous arrangement. The
President of the Council in the chair.

"The committee appointed to that duty appeared, escorting his
Excellency Brigham Young, Governor of Utah Territory, who was
seated immediately in front of the Speaker's chair.

"The joint committee appointed to wait upon the Judges of the
Supreme Court, and the Secretary of the Territory, appeared,
escorting the Hon. Z. Snow [Mormon], one of said Judges. They
reported that they had visited the Hon. Perry E. Brochus, and
Mr. Secretary Harris. But the answer returned by them was so
vague and indefinite that they did not know whether they would
respond to the invitation or not. The committee also reported
that they did not see the Hon. Judge Brandenburg. The United
States District Attorney, Seth M. Blair, Esq., [Mormon,] was
also seated within the bar."

The hostility to the federal officers had already been so openly and offensively manifested, that the respect which these gentlemen owed to themselves and the government and people whom they represented, would not permit them to be present at the first meeting of the Legislative Assembly. It will be noticed that one of them was not seen at all, and the reply of the other two was not even reported!

"The House was called to order by the President of the
Council, who then informed his Excellency the Governor, that
the two Houses were now ready to receive any communication he
might be pleased to make."

The Governor then presented his Message, as follows:--

"_Fellow-citizens of the Council and House of Representatives
of Utah Territory_:--

"Having called you from your various avocations to convene in
general assembly at an earlier day, and upon shorter notice
than may appear desirable, I will proceed without delay to lay
before you the chief reason for so doing, as well as such
other suggestions as to me shall appear necessary and proper,
and as shall occur to my mind." . . .

"Through the munificence of the General Government, we have
extended unto us increased facilities for spending our time
for the public weal; for, however much the honest pride of
gratuitous public service may flatter its humble recipient,
yet whilst it impoverishes all but his honorable name and his
country's cause, his anxieties will scarcely be lulled, his
daily supplies but rarely replenished."

He again addressed them, January 5, 1852:--

" . . The enjoyment of a _free and independent people_ can be
accomplished only through this principle: produce what you
consume. Draw from the native elements the necessaries of
life; permit no vitiated taste to lead you into expensive
luxuries, which can only be obtained by involving yourselves
in debt. Let home industry produce every article of home
consumption." . .

This Legislature, besides passing a code of laws for the government of the Territory, sent some twenty memorials to Congress, most of them calling for appropriations of public money, and divided up the canyons, ferries, pasture-lands, woodlands, water privileges, and, in fact, all the most valuable portion of the public domain, among prominent "saints," giving always to Brigham the "lion's" share. To this he was entitled by his recognized appellation of "the Lion of the Lord."

To this day he holds, by virtue of an Act of the Legislature, the most valuable canyon, near Salt Lake, called City Creek, or Brigham's Canyon,--having taken actual possession of the same, by fencing in the mouth of the canyon completely, and thus preventing all ingress or egress, except upon the payment of toll. General Connor, upon his arrival in Utah, in the fall of 1862, was justly indignant to find himself fenced out from one of the national thoroughfares, but thought it prudent not to add to the causes of irritation by interfering.

During this session Brigham issued eight proclamations. The following is the most celebrated of these _State Papers_:--

"TERRITORY OF UTAH.

"_A Proclamation for a Day of Praise and Thanksgiving._

"It having pleased the Father of all good to make known his
mind and will to the children of men in these last days, and
through the administration of his angels to restore the holy
priesthood unto the sons of Adam, by which the gospel of his
Son has been proclaimed, and the ordinances of life and
salvation are administered; and through which medium the Holy
Ghost has been communicated to believing, willing, and honest
minds; causing faith, wisdom, and intelligence to spring up in
the hearts of men, and influencing them to flow together, from
the four quarters of the earth, to a land of peace and health,
rich in mineral and vegetable resources, reserved of old in
the councils of eternity for the purposes to which it is now
appropriated; a land choice above all other lands; far removed
from the strife, contentions, divisions, moral and physical
commotions, that are disturbing the peace of the nations and
kingdoms of the earth,--

"I, Brigham Young, Governor of the Territory aforesaid, in
response to the time-honored custom of our fathers at Plymouth
Rock, by the governors of the several States and Territories,
and with a heart filled with humiliation and gratitude to the
Fountain of all good, for his multiplied munificence to his
children, have felt desirous to, and do, _proclaim_ Thursday,
the 1st day of January, eighteen hundred and fifty-two, a _Day
of Praise and Thanksgiving_, for the citizens of this our
peaceful Territory, in honor of the God of Abraham, who has
preserved his children amid all the vicissitudes they have
been called to pass; for his tender mercies in preserving the
nation undivided in which we live; for causing the gospel of
his kingdom to spread and take root upon the earth, beyond the
power of men and demons to destroy; and that he has promised
a day of universal joy and rejoicing to all the inhabitants
who shall remain when the earth shall have been purified by
fire, and rest in peace.

"And I recommend to all good citizens of Utah, that they
abstain from everything which is calculated to mar or grieve
the Spirit of their Heavenly Father on that day; that they
rise early in the morning of the first day of the new year,
_and wash their bodies with pure water_; that all men attend
to their flocks and herds with carefulness, and see that no
creature in their charge is hungry, thirsty, or cold; while
the women are preparing the best of food for their households,
and their children ready to receive it in cleanliness and
cheerfulness; then let the head of each family with his
family, bow down upon his knees before the God of Israel, and
acknowledge all his sins, and the sins of his household; call
upon the Father, in the name of Jesus, for every blessing that
he desires for himself, his kindred, the Israel of God, the
universe of man; praying with full purpose of heart and united
faith that the union of the United States may be preserved
inviolate, against all the devices of wicked men, until truth
shall reign triumphant, and the glory of Jehovah shall fill
the earth. Then, in the name of Jesus, ask the Father to bless
your food; and when you have filled the plates of your
household, partake with them with rejoicing and thanksgiving;
and if you feel to make merry in your hearts, sing a song of
thanksgiving; and lift up your hearts continually, in peace
and acknowledgment of the unbounded mercies you are
momentarily receiving.

"I also request of all good and peaceful citizens, that they
abstain from all evil thinking, speaking, and acting, on that
day; that no one be offended by his neighbor; that all jars
and discords cease; that neighborhood broils may be unknown;
that tattlers and strife may not be remembered; that evil
surmising may be forgotten; that all may learn the truth, and
have no need of priests to teach them; that all may be well,
and have no need of doctors; that all may cease their
quarrels, and starve the lawyers; that all may do as they
would be done unto, so that perfect love, which casteth out
all fear, may reign triumphant, and there shall be nothing to
disturb the quiet of an infant in all the Territory of Utah;
that there be no contention in the land; and that the same
peace may extend its influence to the utmost bounds of the
everlasting hills, and from thence to the habitation of every
man and beast, to the ends of the earth; till the leopard
shall lie down with the kid, the lion shall eat straw like the
ox, and the babe shall lay his hand upon the cockatrice's den,
and find peace to its soul.

"I further request, that when the day has been spent in doing
good, in dealing your bread, your butter, your beef and your
pork, your turkeys, your molasses, and the choicest of all the
products of the valleys of the mountains, at your command, to
the poor; that you end the day in the same order, and on the
same principle that you commenced it; that you eat your supper
with singleness of heart, as unto the Lord, after praise and
thanksgiving, and songs of rejoicing; remembering that you
cannot be filled with the Holy Spirit, and be preparing for
celestial glory, while the meanest menial under your charge or
control is in want of the smallest thing which God has given
you power to supply; remembering that it is dependent on you
for its comforts, as you are dependent on your God for your
constant support.

"Retire to your beds early, that you may be refreshed, and
rise early again, and so continue, until times and seasons are
changed; or finally, I say unto you, let the same process be
continued from day to day, until you arrive unto one of the
days of Kolob, [where a day is 1000 of our years,] the planet
nearest to the habitation of the Eternal Father; and if you do
not find peace and rest to your souls by that time, in the
practice of these things, and no one else shall present
himself to offer you better counsel, _I will be there_, and
knowing more, will tell you what you ought to do next.

[SEAL.]

"Done at the Executive Office, Great Salt Lake
City. In witness whereof, I have hereunto set my
hand and caused the seal of the Territory to be
affixed, this 19th day of December, A. D. 1851, and
of the Independence of the United States the
seventy-sixth.

"By the Governor,
BRIGHAM YOUNG.

"W. RICHARDS, _Sec. pro tem., appointed by the Governor_."

Amidst the verbosity of this singular document will be seen expressions of attachment to the Federal Union. The sincerity of these professions must be judged of in the light of his contemporaneous acts. The officers appointed by the General Government were then in the States, or at Washington, representing truly the condition of things in Utah, and the conduct of Brigham and his associates, which effectually obliged them to leave the Territory, by rendering their presence in Utah not only useless but dangerous. It is for our readers to say how much weight is to be given to that portion of the fulmination of the Prophet put forth under such circumstances.

At this first session of the Legislature, Brigham proceeded to give, in his Message, his views in relation to African slavery, fully indorsing it, and prescribing regulations for its establishment in the Territory. His views upon this subject may be gathered from the following extract:--

"Thus while servitude may and should exist, and that too upon
those who are naturally designed to occupy the position of
servant of servants, yet we should not fall into the other
extreme, and make them as beasts of the field, regarding not
the humanity that is in the colored race; nor elevating them,
as some seem disposed, to an equality with those whom nature
and nature's God has indicated to be their masters, their
superiors."

In accordance with the foregoing suggestions, the Legislature passed a law regulating slavery in the Territory, and it has existed in full force and effect to the present time. There are now a considerable number of African slaves in the Territory, and a large number of Indians, "held to service."

During the same session, the Legislature memorialized the President, setting forth that the federal officers had abandoned the Territory; reciting the formation of the provisional government of Deseret, and complaining that "all the authorities of the Territory, including the governor and both houses of the Assembly, and marshal, had been set at naught as exercising their functions illegally and unconstitutionally."

The causes which led to this petition were as follows:--

When the Territory was organized, in the winter of 1850-51, the following named officers were appointed:--Brigham Young, Governor; Lemuel C. Brandenburg, Chief Justice; Perry E. Brochus and Zerubbabel Snow, Associate Justices; Seth M. Blair, Attorney General, and B. D. Harris, Secretary. These officers did not arrive in Utah until July, 1851. Previous to their arrival, Brigham Young had issued a proclamation ordering an election for delegate to Congress and members of the Legislature, and providing for taking the census.

The Secretary considered that Young had exceeded his authority, and on this ground refused to pay over the moneys in his hands for the expenses of the Legislature.

The Supreme Court being then in session, Harris applied to the court for an injunction to stay the proceedings of the Legislature, which the court granted. This order, however, was nugatory, as the court had no power to enforce its judgments. This, of course, enraged the Mormons; and the Governor instructed Blair, the District Attorney, who was a Mormon, to sue out a writ of injunction upon the Secretary, to prevent him from taking the money out of the Territory. The court decided against the injunction, thus again sustaining the Secretary.

Again, Congress had appropriated $20,000 for the erection of suitable buildings at the capital of the Territory. Brigham and his tools, the members of the Legislature, attempted to appropriate this money, and in exchange, palm off upon the government, for $20,000, a building which never cost over $8,000.

These circumstances engendered much feeling between the Mormons and the gentile officers; and this was in nowise lessened by an incident which occurred about this time.

Hon. Perry E. Brochus, one of the Supreme Judges, in some remarks made in a Mormon assembly, commented rather severely upon the peculiar institution. He commenced by addressing the women upon the subject of spiritual wife-ism; pointing out to them its wickedness and the unhappy results that must follow to them and to their children, if the practice should be persisted in. He said it was against the laws of man and God. This was undoubtedly the first time, at Salt Lake, that a gentile had ever spoken in public against Mormon institutions.

The women were excited; the most of them were in tears, before he had spoken many minutes. The men were astonished and enraged, and one word of encouragement from their leader would have brought on a collision. Brigham, with his usual shrewdness, saw this, and was equal to the occasion. When the Judge sat down, he rose, and by one of those strong, nervous appeals, for which he is so famous among his brethren, restored the equilibrium of the audience. Those who, but a moment before, were bathed in tears, now responded to his broad sarcasm and keen wit, in screams of laughter; and having fully restored the spirits of the audience, he turned to the Judge, and administered the following rebuke: "I will kick you," he said, "or any other gentile Judge from this stand, if you or they again attempt to interfere with the affairs of our Zion."

The Judge saw that he was beaten, and finding his life threatened and in danger, soon after left the Territory.

After his departure, Brigham preached the following sermon:--

"I am at the defiance of the rulers of the greatest nations on
the earth, with the United States all put together, to produce
a more loyal people than the Latter Day Saints. Have they, as
a people, broken any law? No, they have not. Have the United
States? Yes. They have trampled the Constitution under their
feet with impunity, and ridden recklessly over all law, to
persecute and drive this people. Admit, for argument's sake,
that the Mormon elders have more wives than one, yet our
enemies never have proved it. If I had forty wives in the
United States, they did not know it, and could not
substantiate it; neither did I ask any lawyer, judge, or
magistrate for them. I live above law, and so do this people.
Do the laws of the United States require us to crouch and bow
down to the miserable wretches who violate them? No!

"I defy the world to prove that we have infringed upon that
law. You may circumscribe the whole earth, and pass through
every Christian nation, so called, and what do you find? If
you tell them a 'Mormon' has two wives, they are shocked, and
call it dreadful blasphemy. If you whisper such a thing in the
ears of a gentile, who takes a fresh woman every night, he is
thunderstruck with the enormity of the crime. . . . .

"Now, let me tell you the great, killing story. 'Governor
Young has sixteen wives and fourteen babies.' Now, they did
not see that sight, but the circumstance was as follows: I
took some of my neighbors into the large carriage, and rode
down to Father Chase's to eat watermelons. When driving out of
the gate, in the evening, Brother Babbitt walks up, and I
invited him into the carriage, and he rode up into the city
with me, and I suppose he told the United States officers.
That, I believe, is the way the story of the sixteen wives and
fourteen children first came into circulation.

"But this does not begin to be the extent of my possessions,
for I am enlarging on the right hand and on the left; and
shall soon be able, Abraham-like, to muster the strength of my
house, and _take my rights_, asking no favors of judges or
secretaries."

At another time he used the following language:--

"When the officers returned from this Territory to the States,
did we send them away? We did not. I will tell you what I did,
and what I will do again. I did chastise the poor, mean
ruffian,--the poor, miserable creature who came here by the
name of Brochus,--when he arose before this people, to preach
to them, and tell them of meanness which he supposed they were
guilty of, and traduce their characters.

"It is true, as it is said in the report of these officers, if
I had crooked my little finger he would have been used up. But
I did not bend it. If I had, the sisters alone felt indignant
enough to have chopped him in pieces. I did not do it,
however, but suffered him to fill up the measure of his shame
and iniquity, until his cup is running over.

"I have no fears whatever of Franklin Pierce excusing me from
office, and saying that another man shall be the Governor of
this Territory. At the beginning of our settlements, when we
sent Almon W. Babbitt to Washington with our constitution for
a State government, and to ask leave to adopt it, he requested
that I should not sign my name to it as Governor; 'for,' said
he, 'if you do, it will thwart all our plans.' I said, 'My
name will go as it is in that document, and stay there, from
this time henceforth and forever. Now,' I continued, 'if you
do not believe it, you may go to Washington, and give those
papers to Dr. Bernheisel, and operate against him, and against
our getting a State government, and you cannot hinder it.'

"I will be Governor still, after you have done everything you
possibly can to prevent it. We have got a Territorial
Government, and I am and will be Governor, and no power can
hinder it, until the Lord Almighty says, 'Brigham, you need
not be Governor any longer;' and then I am willing to yield to
another Governor."

This "sermon" was preached at Great Salt Lake City, June 19, 1853, and is published in the "Journal of Discourses," vol. i. p. 188.

Brigham had appointed his second counsellor, Willard Richards, to fill the vacancy occasioned by the departure of Secretary Harris. So the saints had fairly succeeded in ridding themselves of the obnoxious officials,--the remaining Judge, and the District Attorney, being Mormons in good standing.

The Hon. Z. Snow then proceeded to hold his court, unmolested by gentile law or judges. He tried and convicted several Spaniards of buying Indian children for slaves, took the children from the Spaniards, and turned them over to the "brethren."

The Indians now began to be hostile, and the brethren were obliged to cease pursuing the gentiles, and prepare to defend themselves against the "Lamanites." During the years 1852-53-54, more or less disturbances prevailed.

In October, 1852, Judge Shaver arrived, as successor to Judge Brochus; and Lazarus H. Reed, of New York, was appointed Chief Justice, to succeed Judge Brandenburg. Judge Reed arrived in the Territory in June, 1853. Of these, Brigham said,--

"One of our judges, Judge Shaver, has been here during the
winter, and, as far as he is known, he is a straightforward,
judicious, upright man, and a good adjudicator in the law. He
and Judge Reed, who has lately arrived, I believe will do the
best they can, and all is right."

Judge Snow continued to hold his office until succeeded by Judge Stiles, in the fall of 1854.

Judge Shaver lived among the saints until his death, and was "buried with the faithful."

It is currently reported, and believed by many, that Judge Shaver died from the effects of poison, administered by the hands of a Mormon. He was a Southerner by birth, agreed very well with the Mormons, gave suppers, and drank with them, and was considered a "hail-fellow well met." There was, however, some difficulty between the Judge and the Prophet, the nature of which was not distinctly known. The difficulty increased, and one morning the Judge was found dead in his bed. The heads of the church took great pains to have the affair investigated, and came to the conclusion that the Judge had died of some "disease of the head." He was followed to the grave by a large concourse of people, and preceded by a band of music.

Less regard would be paid to these invidious reports, were it not for the fact that Brigham Young's connection with the violent death of divers other persons is too notorious to be denied. To say nothing of the Mountain Meadow massacre, in which he is distinctly implicated by evidence of an overwhelming character, there are other cases in which his agency in causing in some way the death of the party, is scarcely denied by himself.

For instance, the death of Almon W. Babbitt, at the hands of "Indians," on the Plains. In the summer of 1862, Brigham was referring to this affair, in a tea-table conversation, at which Judge Waite and the writer of this were present. On that occasion, after making some remarks to impress upon the minds of those present the necessity of maintaining friendly relations between the federal officers and the authorities of the church, he used language substantially as follows:--

"There is no need of any difficulty, and there need be none,
if the officers do their duty, and mind their own affairs. If
they do not, if they undertake to interfere in affairs that do
not concern them, I will not be far off. _There was Almon W.
Babbitt. He undertook to quarrel with me, but soon afterwards
was killed by Indians._ He lived like a fool, and died like a
fool."

People determined to believe only that Brigham Young is a good citizen, and that he and his people are mostly in the right in their difficulties with the federal officers, will doubtless be able to put an innocent construction upon the foregoing language. But to the minds of those who heard it, and who were most interested in its meaning, it never had but one signification, and went far to disclose the dark and damning character of the man.

But to return to our narrative. Judge Reed seems to have been more fortunate in his intercourse with these people. The Mormons wished to eradicate from his mind all unfavorable impressions created by the sudden departure of his predecessors. They therefore treated him with marked consideration. They hoped, through his influence, to reinstate themselves with the authorities at Washington, and they partially succeeded. The Judge formed quite a favorable opinion of the Mormons, though not indorsing the administration of Brigham Young. He remained in the valley about a year, and then went to the States, intending to return, but died suddenly, while at his home, in Bath, Steuben County, New York.