Chapter VI: Political History Continued (1)

Arrival of the New Federal Officers in July, 1862.--Colonel
Connor arrives with his Command.--The Message of Gov. Harding.
--The Mormons Indignant.--The Legislature refuse to print the
Message.--Action of the United States Senate thereon.--Forgery
in the Mormon Legislature.--Bill of Judge Waite to amend the
Organic Act.--Indignation Meeting.--Governor Harding and
Judges Waite and Drake requested to leave the Territory.--
Their Replies.--Brigham.--The Federal Officers.

Judges Drake and Waite arrived in Salt Lake City on the 11th of July, 1862. Governor Harding had arrived a few days previous.

For several months everything passed off smoothly, and Brigham was more than once heard to say the officers now in the Territory were "good men." No circumstances occurred to develop any differences, and it was hoped by the federal officers themselves that none would arise.

In the mean time, in October of the same year, Colonel (now General) Connor marched into and through Salt Lake City with his command, and established his camp on the "bench," or high land, about three miles east of the city. His forces at that time consisted of the Third Regiment of Infantry, California Volunteers, and the Second Regiment of Cavalry, under command of Col. George S. Evans.

Some little excitement was caused by the entrance of the troops, and rumors were rife of threats having been made by the Mormons that the volunteers should never "cross the Jordan," a stream a few miles south of the city, and which was directly on their line of march. But the Jordan was crossed, the camp established, and everything went on as usual, until the meeting of the Territorial Legislature in December.

Then the pent-up fires began to break forth. The first pretext used by the Mormons for indulging in words and acts of hostility was the Message of Governor Harding to the Legislature. Therein he called the attention of the people, through their representatives, to the practice of polygamy in their midst, to the anomalous state of society it tended to establish, to its incompatibility with our free institutions, and especially to its violation of an Act of Congress recently passed.

The following are the portions of the Message which gave most offence:--

"_Polygamy._

"It would be disingenuous if I were not to advert to a
question which, although seemingly it has nothing to do in the
premises, yet is one of vast importance to you as a people,
and which cannot be ignored. I mean that institution which is
not only commended but encouraged by you, and which, to say
the least of it, is an anomaly throughout Christendom. I mean
polygamy, or, if you prefer the term, plurality of wives. In
approaching this delicate subject, I desire to do so in no
unkind or offensive spirit; yet the institution, founded upon
no written statute of your Territory, but upon custom alone,
exists. . . .

"I lay it down as a sound proposition, that no community can
happily exist with an institution so important as that of
marriage wanting in all those qualities that make it
homogeneal with institutions and laws of neighboring civilized
communities having the same object.

"Anomalies in the moral world cannot long exist in a state of
mere abeyance; they must, from the very nature of things,
become aggressive, or they will soon disappear, from the force
of conflicting ideas.

"This proposition is supported by the history of our race, and
is so plain that it may be set down as an axiom. If we grant
this to be true, we may sum up the conclusion of the argument
as follows: either the laws and opinions of the communities by
which you are surrounded must become subordinate to your
customs and opinions, or, on the other hand, yours must yield
to theirs. The conflict is irrepressible.

"But no matter whether this anomaly shall disappear or remain
amongst you, it is your duty at least to guard it against
flagrant abuses. That plurality of wives is tolerated and
believed to be right, may not appear so strange; but that a
mother and her daughters are allowed to fulfil the duties of
_wives_ to the same husband, or that a man could be found in
all Christendom who could be induced to take upon himself such
a relationship, is, perhaps, no less a marvel in morals than
in matters of taste.

"The bare fact that such practices are tolerated amongst you
is sufficient evidence that the human passions, whether
excited by religious fanaticism or otherwise, must be
restrained and subjected to laws, to which all must yield
obedience. No community can long exist, without absolute
social anarchy, unless so important an institution as that of
marriage is regulated by law. It is the basis of our
civilization, and in it the whole question of the descent and
distribution of real and personal estate is involved.

"Much to my astonishment, I have not been able to find any law
upon the statutes of this Territory regulating marriage. I
earnestly recommend to your early consideration the passage of
some law that will meet the exigencies of the people.

"_Act of Congress against Polygamy._

"I respectfully call your attention to an Act of Congress,
passed the 1st day of July, 1862, entitled 'An Act to punish
and prevent the practice of polygamy in the Territories of the
United States, and in other places, and disapproving and
annulling certain Acts of the legislative assembly of Utah,'
(chap. cxxvii. of the Statutes at Large of the last session of
Congress, page 501.) I am aware that there is a prevailing
opinion here that said Act is unconstitutional, and therefore
it is recommended by those in high authority that no regard
whatever should be paid to the same; and still more to be
regretted, if I am rightly informed, in some instances it has
been recommended that it be openly disregarded and defied,
merely to defy the same.

"I take this occasion to warn the people of this Territory
against such dangerous and disloyal counsels. Whether such Act
is unconstitutional or not, is not necessary for me either to
affirm or deny. The individual citizen, under no
circumstances whatever, has the right to defy any law or
statute of the United States with impunity. In doing so he
takes upon himself the risk of the penalties of that statute,
be they what they may, in case his judgment should be in
error.

"The Constitution has amply provided how and where all such
questions of doubt are submitted and settled, namely, in the
courts constituted for that purpose. To forcibly resist the
execution of that Act would be, to say the least, a high
misdemeanor; and if a whole community should become involved
in such resistance, would call down upon it the consequences
of insurrection and rebellion.

"I hope and trust that no such rash counsel will prevail. If,
unhappily, I am mistaken in this, I choose to shut my eyes to
the consequences.

"_Liberty of Conscience._

"Amongst the most cherished and sacred rights secured to the
citizen of the United States, is the right to worship God
according to the dictates of conscience. . . .

"Religion was left a matter between man and his Maker, and not
between man and the Government.

"But here arises a most important question,--a question
perhaps that has never yet been asked or fully answered in
this country,--How far does the right of conscience extend? Is
there any limit to this right?--and if so, where shall the
line of demarcation be drawn, designating that which is not
forbidden from that which is? This is, indeed, a most
important question, and from the tendency of the times, must
sooner or later be answered. I cannot, and will not, on this
occasion, pretend to answer this question; but will venture
the suggestion, that when it is answered, the same rules will
be adopted as if the freedom of speech and of the press were
involved in the argument.

. . . "There can be no limit beyond which the mind may not
dwell, and our thoughts soar in our aspirations after truth.
We may think what we will, believe what we will, and speak
what we will, on all subjects of speculative theology. . . .
But when religious opinions assume new manifestations, and
pass from the condition of mere sentiment into overt acts,--no
matter whether they be acts of faith or not,--they must not
outrage the opinions of the civilized world, but, on the
other hand, must conform to those usages established by law,
and which are believed to underlie our very civilization."

In the same Message, the Governor, after giving his views upon the national topics of the day, fully sustaining the Administration and the war, proceeded to discuss all the more prominent subjects of local interest in the Territory. He referred to the attempts to procure the admission of the State of Deseret into the Union,--giving it as his opinion that those attempts were premature. He referred to provisions of the Organic Act, and claimed the right to nominate to the Council all general territorial officers. These had formerly been elected by the Legislature.

He recommended a thorough revision and codification of the statutes; a change in the mode of voting; referred to the financial condition of the Territory; adverted to the Indian troubles; advised the organization of a common-school system, and closed by assuring them of his willingness and desire to work with them for the common good and welfare of the people of the Territory.

The question of polygamy was boldly met and temperately discussed in this Message, and the people warned against the consequences of disobedience to the Act of Congress. Anything less than this on the part of the Governor would have been simply a neglect of duty.

Yet the Mormons were very indignant, and professed to look upon that portion of the Message as exceedingly hostile and offensive in its character. Their religion had been attacked by the federal authorities!

It may be well here to remark, for the benefit of the tender-footed upon this subject, that polygamy is no part of the Mormon religion, so far as the same has any history, and can be distinguished from the personal edicts of Brigham Young. It is not only not permitted but explicitly condemned in the "Book of Mormon" and the "Book of Doctrines and Covenants," which are the Old and New Testaments of Mormonism. This subject is more fully examined in the last chapter of this work.

From the delivery of this Message, the treatment which the Governor received at the hands of the Mormons was entirely changed. From respect it was immediately changed to disrespect and contumely. No contemptuous treatment was too marked, no indignity was too great, to be heaped upon him, for this simple performance of his duty as a sworn officer of the United States Government.

The Message was never printed by the Legislature. The Journals did not even show that the Governor ever appeared before that body for any purpose whatever.

The fact that the Message was not published having been communicated to Washington, a resolution was introduced into the Senate of the United States on the 16th of January, 1863, instructing the Committee on Territories to inquire and report whether the publication of the Message of the Governor of the Territory of Utah to the Territorial Legislature had been suppressed, and if so by what causes, and what was the Message.

In response to this resolution Mr. Wade, chairman of the Committee, on the 13th of February, submitted a Report, accompanied by a resolution, which was adopted, that one thousand copies of the Message be printed, and sent to the Governor for distribution.

This Report of the Committee was less complimentary to the Mormons than the Message itself.

The following extracts will indicate the character of the document:--

"In pursuance of the instruction contained in this resolution,
your committee have the honor to report, that they have
collected all the facts, and taken all the testimony within
their reach,--the substance of which, together with a copy of
the Message, is herewith presented.

"These sources of information disclose the fact, that the
customs which have prevailed in all our other Territories in
the government of public affairs have had but little
toleration in the Territory of Utah; but in their stead there
appears to be, overriding all other influences, a sort of
Jewish theocracy, graduated to the condition of that
Territory.

"This theocracy, having a supreme head who governs and guides
every affair of importance in the Church, and, practically, in
the Territory, is the only real power acknowledged here, and
to the extension of whose interests every person in the
Territory must directly or indirectly conduce. . . .

"We have here the first exhibition, within the limits of the
United States, of a Church ruling the State. . . .

"Another opinion--the subject of both public and private
teaching--is, that the Government of the United States will
not and ought not to stand. They make a difference between the
Constitution and the Government of the United States; to the
Constitution they claim to be very loyal.

. . . "Because the Governor, in his Message, has animadverted
upon some of the customs of the Mormons, and has recommended
that steps be taken to Americanize the same, he has given
offence, and has had his Message suppressed.

"Polygamy of the most unlimited character, sanctioning the
cohabitation of a man with the mother and her daughters
indiscriminately, is not the only un-American thing among
them.

. . . "The Message, on examination, is found to contain nothing
that should give offence to any legislature willing to be
governed by the laws of morality.

"It is the opinion of your Committee that the Message is an
able exposition of the manners and customs of the people in
that Territory, and as such, brought down the censure of the
leaders of the Mormon Church, and were it not for the
animadversions therein contained, it would not have been
suppressed."

The printing and distribution of the Message is then recommended.

During the session of the Legislature an event occurred which caused much indignation among the federal officers, and served to render somewhat mutual the feelings of hostility which the leading saints already entertained. This was nothing less than a forgery committed in the Legislature upon a bill relating to the terms of one of the District Courts.

The facts were as follows:--

The Territory was divided into three judicial districts. The First, sometimes called the Provo District, comprised a number of counties carved out of the centre of the Territory. This had been assigned to Judge Drake. The Second, called the "Cotton District," was assigned to Judge Waite, and consisted of the three southernmost counties, Beaver, Iron, and Washington. The Third District, Chief Justice Kinney's, comprised the northern part of the Territory, including Salt Lake City.

On the 14th of January, 1863, the Legislature passed a bill, which was signed by the Governor, changing the county seat of Washington County from Washington to St. George, and in the same bill it was provided that the United States Court for the transaction of territorial business, should be held at St. George, on the third Monday of May. This time was the same as that provided by the law previously in force.

This was before the assignment of the Judges had been made.

After Judge Waite had been assigned to the Second District [in which many murders had been committed, and the murderers still at large], the Legislature concluded they did not want court held in that district until fall. They accordingly passed a bill, providing, among other things, for holding the court at St. George on the third Monday of October. But as they had already passed a bill fixing the term of court in May, and as the Judge preferred to hold the term in May, that being near the time when he was intending to hold court for the transaction of United States business in the same district, the Governor declined signing the second bill.

Soon after, having occasion to examine the first bill for another purpose, he went to the Secretary's office and called for the bill, and behold, _the word May had been erased, and the word October inserted instead_! It appeared to have been done by the same hand which had penned the body of the bill. This had been written by one of the clerks of the House of Representatives. The Governor, after signing the bill, had inadvertently returned it to the Legislature, and it had been sent from that body to the Secretary's office, where it should have been sent by the Governor. It had been recorded in that office before the forgery was discovered.

The Governor immediately caused the record to be corrected, changed the bill back from October to May, by erasing the word "October" and interlining the word "May." He then made a statement of the forgery and its detection, over his own signature, on the margin of the bill.

He then sent a special Message to the Legislature, calling their attention to the fact that a forgery had been committed; but, instead of taking steps to ferret out the guilty party, the Legislature made an issue of fact with the Governor, and endeavored to make out that it was all the time October, and that no forgery had been committed. When the matter was up in the House the second time, one member actually produced a paper which he averred was the original draft, and which had October in it. And this in the face of the fact, that five persons had seen the bill in the Governor's office when the word May was in it, and that the bill showed plainly, upon inspection, that it had been changed; the outline of the letter "y," in the word erased, being distinctly visible.

Thus the Legislature, by their collective action, implicated themselves all in the forgery.

On the 16th of January the Legislature adjourned, without printing the Governor's Message, or sending any appropriation bills for his signature.

The day following, "the Legislature of the State of Deseret" met, and commenced doing business under Brigham Young, as Governor. A Message was delivered, and all the forms of legislation gone through with; in reality, this _de facto_ government was the only one for which the Mormons maintained even the show of respect.

The judicial system of the Territory was manifestly very defective, and as constituted under the Organic Act of 1850, as the same had been construed by the Federal Judges, was inadequate to the administration of justice.

The greatest difficulty was experienced in the formation of juries, and in the extraordinary jurisdiction assumed by the Probate Judges, all of whom were Mormons.

The jurisdiction of the Probate Court, in the words of the Organic Act, was to be "as prescribed by law." Under this provision several of the United States Judges had held that it was competent in the Legislature to confer upon the Probate Courts any jurisdiction they pleased. The Mormons, never behind in availing themselves of all advantages, had accordingly granted to the Probate Courts concurrent jurisdiction with the District Courts, in all cases civil and criminal.

Again; the juries had been selected by these courts acting with other county authorities, and it was contended that the United States Courts could only try causes before juries thus selected.

To remedy these defects, and to remove all doubt as to these complicated questions, a bill was drawn by Judge Waite, for an Act of Congress amendatory of the Organic Act of 1850. It provided for the selection of United States juries by the Marshal, under the direction of the court, as in other district and territorial courts of the United States.

The question of jurisdiction was to be settled by an express provision that the Probate Court should have no jurisdiction to try any civil action whatsoever. It was to do the usual probate business, and have a limited criminal jurisdiction, subject to appeal to the District Court. The bill also provided for an organization of the militia of the Territory, under the Governor, and contained several other wholesome and salutary provisions.

The bill was carefully drawn, and was submitted to the inspection of his associate, Judge Drake, and of Governor Harding,--Judge Kinney being absent from the Territory. It received the unqualified approval of Drake and Harding, and, with their indorsement upon it, was sent to Washington. In due time it was introduced in Congress by Senator Browning, and referred to the proper committee.

The introduction of this bill was the signal for another outbreak. The news was telegraphed to Salt Lake, and immediately Brigham called a meeting at the Tabernacle.

The meeting was held on the 3d of March 1863. Notice having been extensively circulated, some two or three thousand persons assembled, excited by exaggerated statements concerning attempts upon the part of the federal officers to "interfere with their rights."

Speeches of the most inflammatory character were made at this meeting, and the resentment and indignation of the ignorant masses of the people were excited to the highest pitch. The following will serve as a specimen of these harangues.

Elder John Taylor said:--

"It has already been stated that these documents speak for
themselves. They come from those who are ostensibly our
guardians, and the guardians of our rights. They come from men
who ought to be actuated by the strictest principles of honor,
truth, virtue, integrity, and honesty, and whose high official
position ought to elevate them above suspicion,--yet what are
the results?

"In relation to the Governor's Message, enough, perhaps, has
already been said. . .

"We had a right to look for a friend in our Governor, who
would, at least, fairly represent us. Instead, we have had a
most insidious foe, who, through misrepresentations, base
insinuations, and falsehood, is seeking with all his power,
privately as well as officially, not only to injure us before
the Government, but as well to sap the very foundations of our
civil and religious liberties; he is, in fact, in the
furtherance of his unhallowed schemes, seeking to promote
anarchy and rebellion, and dabbling in your blood. [Cries of
'hear, hear.'] Such, it would seem, were the Governor's
feelings and intentions when he concocted his Message, and
such his purposes when he read it before the Legislature. That
document was not hastily written, as it shows upon its face
that it had been well digested, and every word and sentence
carefully weighed.

. . . "That he is the most vindictive enemy we have, is shown
by the statement of our representatives at Washington.

"He is the only man, it would seem, who is industriously
striving to sap the interests of our people, and to injure
their reputation, and yet, as our Governor, he professes to
feel a deep interest in our welfare, and to represent our
wishes.

"Let us, for a short time, investigate the results of his
acts, should his purposes be successful, leaving the
allegations of treason from our consideration. [It was
contended that the Governor and Judges had committed _Treason
against the Territory_.]

"We have thought that we were living under a republican form
of government, and had the right of franchise; that we had the
privilege of voting for whom we pleased, and of thus saying
whom we would have represent us; but it may be that we are
laboring under a mistake, and that it is but a political
illusion. We have likewise thought that if any one among us
was accused of crimes, it was his privilege to be tried by a
jury of his peers, among whom he had lived, who would
undoubtedly be the best judges of his actions.

"We have further been of the opinion that while acting in a
military capacity, when called into service to stand in
defence of our country's rights, we had the right of selecting
our own officers. We have always had this privilege, in
accordance with republican usage; but we can do so no longer
should the plotting of Governor Harding and our Honorable
Judges be carried into effect. We shall be deprived of
franchise, of the right of trial by an impartial jury, and
shall be placed, in a military capacity, under the creatures
of Governor Harding, or of his successors. In other words, we
shall be forever deprived of all the rights of freemen, and
placed under a military despotism; such would be the result of
the passage of this Act.

"Again, in regard to juries, already referred to, you know
what, as regards this matter, the usage has always been. The
Governor and Judges want to place the power in the hands of
the United States Marshal of selecting such jurors as he
pleases, and that, too, without reference as to who they are,
or whence they come. This is what is attempted to be done by
our honorable Judges and Governor. Your rights as freemen, and
your liberties, are aimed at; and you are to be disfranchised,
and your liberties trampled under foot, by strangers, and you
will have blacklegs and cut-throats sit upon your juries. Mr.
Harding wants to select his own military, and have officers of
his own selection to lead them, and then if you do not submit,
he will have the authority to say, 'I will make you.'
[Uproarious applause, and cries all over the house of 'Can't
do it.'] We all know he can't do it, but this is what he is
aiming at [Clapping of hands, and great cheering.] When these
rights are taken away, what rights have we left? [Cries of
'None.']

"It can scarcely be credited or believed, that any man in his
position could so far degrade himself as to introduce such
infamous principles, and it is equally a lamentable fact to
reflect upon, that men holding the high and responsible
position of United States Judges could so far forget
themselves as to descend to such depravity, corruption, and
injustice. [Applause.] These things are so palpable, that 'he
that runneth may read,' and any man with five grains of common
sense can readily comprehend them. It is for you to say
whether you are willing to sustain such men in the capacity
they act in, or not." [Loud clapping of hands, and a universal
and emphatic cry of "No!" on the part of the audience.]

BRIGHAM YOUNG'S SPEECH.

At the close of Elder Taylor's speech Brigham arose, and on advancing to the speaker's desk was greeted with vociferous applause, and immediately proceeded to address the assemblage as follows:--

"I have no intention of delivering a lengthy address, but
while I am speaking I desire the audience to remain quiet. I
know well your feelings, but much prefer that you should
suppress any demonstrations of applause to other times and
places, when you may have less business and greater leisure.

"You have just heard read the Message of Governor Harding,
delivered to the last Legislative Assembly of this Territory.
You will readily perceive that the bread is buttered, but
there is poison underneath. When he came to Utah last July,
the Governor sought to ingratiate himself into the esteem of
our prominent citizens, with whom he had early intercourse,
and professed great friendship and attachment for the people
of the Territory. He was then full of their praises, and said
he was ready to declare that he would stand in the defence of
polygamy, or that he should have to deny the Bible; and stated
that he had told the President, prior to leaving Washington,
that if he were called upon to discuss the question, he would
have to take the side of polygamy, or to renounce the
authority of the Scriptures.

"In the face of all these professions, what has been his
course? While being fair of speech, and specious of promise,
and lavish in his expressions of good-will toward us, he has
been insidiously at work to prejudice the General Government
against us, and in the secrecy of his private room has
concocted measures which he urged upon Congress to pass,
which, if successful, would deprive us of the dearest rights
of freemen, and render us the abject subjects of this man, who
has been sent here to govern the Territory. Man, did I
say?--thing, I mean,--a nigger-worshipper,--a black-hearted
abolitionist is what he is, and what he represents; and that I
do naturally despise. He wants to have the telegraph torn
down, and the mails stopped and turned by the way of Panama.
Do you acknowledge this man Harding for your Governor? [Voices
all through the audience responded, 'No, you are our
Governor.'] Yes, I am your Governor; and I will let him know
that I am Governor; and if he attempts to interfere in my
affairs, 'Woe, woe unto him!' [Shaking his uplifted fist in a
very excited manner, which was responded to with loud
applause, and cries of 'Yes, you are our Governor.']

"Will you allow such a man to remain in the Territory?
[Voices, 'No; put him out.'] Yes, I say put him out. Judges
Waite and Drake are perfect fools, and the tools of Governor
Harding, and they too must leave. If all three do not resign,
or if the President does not remove them, the people must
attend to it.

"If they could get the power, as they want to do, to have the
Marshal choose jurors of cut-throats, blacklegs, soldiers, and
desperadoes from California, and we are to be tried by such
men, what would become of us?

"In regard to the war now desolating the country, it is but
the fulfilment of the prophecies of Joseph Smith, which he
told me thirty years ago. Brother Joseph said that the South
would rise against the North, and the North against the South,
and that they would fight until both parties were destroyed;
and for my part I give it God speed; for they have spilt the
blood of the Prophet. [To which the audience responded
vociferously, 'Amen!']

"I would like to live in peace with the Government of the
United States, but have no desire to live with the people who
have brought ruin and disgrace upon their own heads. I do not
wish to live in, or have anything to do with the United
States; I will have a free and independent government for
myself, where I may live and enjoy my civil and religious
liberties. [Loud cries of 'Amen,' and 'Yes, yes,' on the part
of the entire assemblage.]

"When our rights, and the protection of our liberties are
taken from us, what is there remaining? [Voices, 'Nothing,'
'Nothing.'] Yes, service to despots,--service to tyrants."

Brigham also said that money had been appropriated for the purpose of turning the mail by the way of Panama; and these men were not above taking money for such a purpose, under pretence of other business.

The injustice and falsity of these statements concerning the bill introduced into Congress, and which was the immediate cause of this outbreak, will be manifest, when it is stated that so far from authorizing soldiers to sit as jurymen, it was expressly prohibited in the bill itself. Again; the right of suffrage was actually extended by the bill, because, while by one section the militia officers were to be appointed by the Governor, the bill in other sections provided that nearly all civil officers of the Territory, who were before elected by the Legislature, should be elected by the people.

The effect of the bill would have been, to enable the people, when they became generally dissatisfied with the spiritual tyranny to which they were submitting, as many of them were already, to throw off the yoke of despotism, by having every question that might arise fairly and impartially adjudicated upon in the courts. This was foreseen by Brigham. He saw that he was about to lose the powerful enginery of the judicial system of the Territory, then under his control. Hence the demonstration.

There are but two ways in which this theocratic despotism can be met and overthrown. One is, by the people of the Territory, aided by some such legislation as that proposed. The other is by the strong arm of military power. The former would be more congenial to our institutions.

Time only can determine which must be resorted to. Doubtless the employment of force will become necessary in either case,--as the course taken by Young and his associates on this occasion shows that a peaceable remedy will be forcibly resisted.

After listening to such speeches, the audience were, of course, ready to adopt or approve of anything; and the following resolutions, prepared for the occasion, were passed without a dissenting voice:--

"_Resolved_, That we consider the attack made upon us by His
Excellency Governor Harding, wherein our loyalty is impugned,
as base, wicked, unjust, and false; and he knew it to be so
when uttered.

"_Resolved_, That we consider the attempt to possess himself
of all military authority and dictation, by appointing all the
militia officers, is a stretch of military despotism, hitherto
unknown in the annals of our Republic.

"_Resolved_, That we consider his attempt to control the
selection of juries as so base, unjust, and tyrannical, as to
deserve the contempt of all free men.

"_Resolved_, That we consider the action of Judges Waite and
Drake, in assisting the Governor to pervert justice, and
violate the sacred palladium of the people's rights, as
subversive of the principles of justice, degrading to their
high calling, and repulsive to the feelings of honest men.

"_Resolved_, That we consider that a serious attack has been
made upon the liberties of this people, and that it not only
affects us as a Territory, but is a direct assault upon
Republican principles in our own nation and throughout the
world; and that we cannot either tamely submit to be
disfranchised ourselves, nor witness, without protest, the
assassin's dagger plunged into the very vitals of our national
institutions.

"_Resolved_, That while we will, at all times, honor and
magnify all wholesome laws of our country, and desire to be
subservient to their dictates, and the equitable
administration of justice, we will resist, in a proper manner,
every attempt upon the liberties, guaranteed by our fathers,
whether made by insidious foes or open traitors.

"_Resolved_, That a committee be appointed by the meeting to
wait upon the Governor, and Judges Waite and Drake, to request
them to resign their offices and leave the Territory.

"_Resolved_, That John Taylor, Jetu Clinton, and Orson Pratt,
Sen., be that committee.

"_Resolved_, That we petition the President of the United
States to remove Governor Harding, and Judges Waite and Drake,
and to appoint good men in their stead."

The following is the petition to the President, which was signed by several thousand persons:--

"_To His Excellency Abraham Lincoln, President of the United States_:--

"Sir,--We, your petitioners, citizens of the Territory of
Utah, respectfully represent that,

"_Whereas_, From the most reliable information in our
possession, we are satisfied that His Excellency Stephen S.
Harding, Governor, Charles B. Waite and Thomas J. Drake,
Associate Justices, are strenuously endeavoring to create
mischief and stir up strife between the people of the
Territory of Utah and the troops now in Camp Douglas,
(situated within the limits of Great Salt Lake City,) and, of
far graver import in our nation's difficulties, between the
people of the aforesaid Territory and the Government of the
United States:

"_Therefore_, We respectfully petition your Excellency to
forthwith remove the aforesaid persons from the offices they
now hold, and to appoint in their places men who will attend
to the duties of their offices, honor their appointments, and
regard the rights of all, attending to their own affairs and
leaving alone the affairs of others; and in all their conduct
demeaning themselves as honorable citizens and officers worthy
of commendation by yourself, our Government, and all good men;
and for the aforesaid removals and appointments your
petitioners will continue most respectfully to pray.

"_Great Salt Lake City, Territory of Utah_, March 3, 1863."

The best reply to the charges contained in the foregoing petition, is the counter-petition sent to the President by the military officers of General Connor's command, of which the following is a copy:--

"HEADQUARTERS, COLUMN FOR UTAH, CAMP DOUGLAS, }
UTAH TERRITORY, NEAR SALT LAKE CITY, March 8, 1863. }

"_To His Excellency Abraham Lincoln, President of the United
States_:--

"It is an unusual proceeding for officers of the army to join
in representing to the Government their knowledge of facts and
opinion of proceedings, having reference to civil authority,
or to the actions of the people for expressing their
displeasure at the conduct of their officers.

"The condition of affairs in the Territory of Utah, however,
and the result of this condition of affairs, which culminated
in a mass meeting in Salt Lake City on the 3d inst., in our
opinion demands from us a respectful statement to your
Excellency of the matter having allusion to ourselves, simply
as an act of duty we owe to our Government.

"We do not propose to inquire into recommendations affecting
the laws of the Territory, made by the Governor and Associate
Judges of the Supreme Court of Utah. The Government must know,
as regards the justice or injustice of the proposed amendments
to existing laws, made by the officers above named.

"But when the community residing in Salt Lake City solemnly
declare in their petition to your Excellency, that Governor
Harding, and Judges Waite and Drake are studiously endeavoring
to create mischief and stir up strife between the people of
the Territory and the troops now at Camp Douglas (situated
within the limits of Salt Lake City), they simply assert a
base and unqualified falsehood.

"On the contrary, it has been the aim of these gentlemen to
preserve friendly relations between the people of Utah and the
troops, who have also labored to the same end, now stationed
at Camp Douglas.

"And further; during a period of nearly five months, we know
that Governor Harding, and Judges Drake and Waite 'have
attended to the duties of their offices, honored their
appointments, regarded the rights of all, attended to their
own affairs,' and have not disturbed or interfered with the
affairs of others, outside of their legitimate duty to the
Government; 'and in all their conduct,' His Excellency
Governor Harding, and Judges Drake and Waite, have, during our
acquaintance with them, 'demeaned themselves as honorable
citizens, and officers worthy of commendation by your
Excellency, our Government, and all good men.'

"And we further represent to your Excellency that these
officers have been true and faithful to the Government, and
fearless in the discharge of their duties to all. They have,
on all proper occasions, spoken plainly to the people of their
duty. They have not been subservient to any person or persons,
and they stand proudly preëminent as in contrast with other
officers who have represented in the past, and who do now
represent, the Federal Government in this Territory.

"Our respectful opinion is, that there is no good and true
cause for the removal of His Excellency Governor Harding, and
Judges Drake and Waite, from the offices they now hold.

"With much respect, we have the honor to remain your
Excellency's obedient servants,--

"P. Edward Connor, Colonel 3d Infantry, California Volunteers,
commanding District of Utah; Geo. S. Evans, Colonel 2d
Cavalry, Cal. Vol.; P. A. Gallagher, Major 3d Infantry, C. V.;
J. M. Williamson, Surgeon, 2d Cavalry, C. V.; Robert K. Reid,
Surgeon 3d Infantry, C. V.; George Wallace, Capt. and Asst. Q.
M. U. S. A.; Thomas B. Gately, 1st Lieut. and Reg. Q. M.;
William L. Ustick, 1st Lieut. and Adjt. 3d Infantry, and A. A.
A. G.; T. S. Harris, 1st Lieut. and Adjt. 2d Cavalry, C. V.;
Henry R. Miller, 2d Lieut. and Reg. C. S., 2d Cavalry, C. V.;
F. A. Peel, 2d Lieut. and Reg. Q. M. 2d Cavalry, C. V.;
Charles Tupper, Captain 3d Infantry, C. V.; John B. Urmy,
Captain 3d Infantry, C. V.; Samuel N. Hoyt, Captain 3d
Infantry, C. V.; David Black, Captain 3d Infantry, C. V.; S.
P. Smith, Captain 2d Cavalry, C. V.; Daniel McLane, Captain
2d Cavalry, C. V.; George F. Price, Captain 2d Cavalry, C.
V.; David J. Berry, Captain 2d Cavalry, C. V.; Josiah Hosmer,
1st Lieut. 3d Infantry, C. V.; James W. Stillman, 1st Lieut.
3d Infantry, C. V.; Lysander Washburn, 2d Lieut. 3d Infantry,
C. V.; Michael McDermott, 1st Lieut. 3d Infantry, C. V.; John
Quinn, 1st Lieut. 2d Cavalry, C. V.; Cyrus D. Clark, 1st
Lieut. 2d Cavalry, C. V.; Francis Honeyman, 2d Lieut. 3d
Infantry, C. V.; S. E. Joslyn, 2d Lieut. 3d Infantry, C. V.;
James Finnerty, 2d Lieut. 3d Infantry, C. V.; Edward Ingham,
2d Lieut. 3d Infantry, C. V.; Anthony Ether, 2d Lieut. 2d
Cavalry, C. V.; J. Bradley, 2d Lieut. 2d Cavalry, C. V.; Geo.
D. Conrad, 2d Lieut. 2d Cavalry, C. V."[97:A]

But to return to the meeting, and subsequent proceedings:--

The next morning, the Committee appointed to wait upon the officers and "request" them to resign and leave the Territory, called upon Governor Harding, at his residence, and presented him with a copy of the "Deseret News," containing the reported proceedings of the meeting.

The Governor treated them with much courtesy, and after examining the paper, addressed the Committee, as follows:--

"Gentlemen, I believe I understand this matter perfectly. You
may go back and tell your constituents that I will not resign
my office, and will not leave this Territory, until it shall
please the President to recall me. I came here a messenger of
peace and good-will to your people, but I must confess that my
opinions have changed in many respects. But I came also, sirs,
to discharge my duties honestly and faithfully to the
Government, and I intend to do so to the last. It is in your
power to do me personal violence,--to shed my blood; but this
will not deter me from my purpose. If the President can be
made to believe that I have been unfaithful to the trust he
confided to me, he will doubtless remove me; and I then shall
be glad to return to my home in the States, and will do so,
carrying with me no unjust resentments towards you or any one
else.

"But I will not be driven away; I will not cowardly abandon
my post. I may be in danger in staying; but my purpose is
fixed. I desire to have no trouble; I am anxious to live and
again meet my family,--but if necessary, an administrator can
settle my affairs.

"Your allegations in this paper are false,--without the shadow
of truth. You call my Message insulting, and you dare not
print it for fear your people may read it for themselves. To
say that I have wronged you when I said that you are disloyal,
is simply preposterous. Your own people--your public teachers
and bishops--admit the fact.

"Let me say to you in conclusion,--and as this is said to be a
land of prophets, I too will prophesy,--If, while in the
discharge of my duties, one drop of my blood be shed by your
ministers of vengeance, that it will be avenged, and not one
stone or adobe in this city will be left upon another. I have
now done, and you understand me."

During this reply the Committee sat quiet, with the exception of Elder Taylor, who several times attempted to make some explanation; but the Governor refused to hear him, and went through with his remarks without stopping to listen, or reply to any new matter.

Elder Taylor then turned to Judge Drake, and remarked that he might consider the resolutions as addressed also to him.

The Judge responded as follows:--

"The communications you have made are of some importance, and
as they are intended to affect me, I desire to say something
before you go.

"It is no small thing to request a citizen to leave his
country. Are you aware of the magnitude or of the baseness of
what you have undertaken? I deny that you have any cause for
such conduct toward me. I am an American citizen, and as such
have a right to go to every part of the Republic. I have the
right to petition, or ask the Government to pass laws; or to
amend them. You, Taylor and Pratt, are men of experience, and
reputed to be men of learning, and ought to know better than
to insult a man by such means.

"It is mean and contemptible. On your part, Taylor, a
foreigner, it is impudence unequalled; and Pratt, a citizen,
ought to know better than to trample on the rights of a
citizen by engaging in such a dirty enterprise. Your
resolutions are false, and those who drafted them knew them to
be so; and I am informed that in the meeting at the
Tabernacle, Brigham Young called me a fool, and a tool of the
Governor. [Here Taylor admitted that such was the fact.]

"Go back to Brigham Young, your master,--that embodiment of
sin and shame and disgust,--and tell him that I neither fear
him, nor love him, nor hate him,--that I utterly despise him.
Tell him, whose tools and tricksters you are, that I did not
come here by his permission, and that I will not go away at
his desire, or by his directions. I have given no cause of
offence to any one. I have not entered a Mormon's house since
I came here; your wives and daughters have not been disturbed
by me, and I have not even looked upon your concubines and
lewd women.

"I am no skulk from the punishment of crimes. I tell you, if
you, or the man whom you so faithfully serve, attempt to
interfere with my lawful business, you will meet with trouble
of a character you do not expect.

"A horse-thief or a murderer has, when arrested, a right to
speak in court; and unless in such capacity, or under such
circumstances, don't you ever dare to speak to me again."

The Committee rose to depart, and one of them said, "We have our opinions." "Yes," replied the Judge, "thieves and murderers can have opinions;" and thus closed the interview.

The Committee then proceeded to call on Judge Waite at his residence, where they were received politely and with due consideration. In answer to their request for his resignation and withdrawal from the Territory, he replied as follows:--

"To comply with your wishes, gentlemen, under such
circumstances, would be to admit, impliedly at least, one of
two things,--either that I was sensible of having done
something wrong, or that I was afraid to remain at my post and
perform my duty.

"I am not conscious either of guilt or fear. I must therefore
respectfully decline to accede to your request."

These replies were published in California, and in the Eastern papers, and gave general satisfaction. The people rejoiced that at last the Government had representatives in Utah who could neither be wheedled nor bullied out of their rights, nor frightened from the performance of their duty.

In Utah the excitement for a time ran high, and doubtless nothing but the presence of the military saved the federal officers from personal violence.

The state of popular feeling there is well shown by the following extracts from the correspondence of the "Chicago Tribune":--

"Excitement ran high, and groups of men were to be seen on the
corners of the various streets, busily engaged in canvassing
the subject, their earnest gestures and eager attitudes
portraying the depth and intensity of the frenzied feeling
which actuated them.

"One of the Judges sought to be ostracised (Judge Waite) was
accosted, while passing quietly along the sidewalk, by a group
of excited men, and threats of an alarming character made use
of to intimidate him.

. . . "The few 'gentiles' resident here were also to be
observed in earnest discussion of the question, and with
compressed lip and countenance, on which 'thought sat sedate,'
awaited, cold and determined, the approach of coming events. I
opine that many a bowie and revolver were hastily examined and
adjusted, of which the passer-by had no thought or knowledge,
which, in an emergency, might have been made useful.

"It was a spectacle of true courage to see these federal
officers, clothed with important duties, stand up and assert
their rights, when they knew but too well that this 'request'
upon the part of the meeting and the Committee had a far more
grave significance, if that request were not complied with.

"They have been called on by a number of citizens and
gentlemen since the visit of the Committee, and have received
but one expression of opinion as to what has passed; and that
is, that the proceedings throughout were an outrage, and only
intended to get rid of men who cannot be used against the
interest of the General Government, and whose fidelity to duty
makes them alike hated and feared by the Mormon leaders."

The following, from the same correspondence, will show the conduct of Young during this emergency:--

"While the objects of all this wrath pursue the even tenor of
their way, and sleep soundly, with scarce a casement barred,
unmindful of the threatened storm without, yet not so with
him, 'the Lord's Anointed,' who appears to dream dreams and
see visions, that to his distempered fancy seem to foreshadow
the 'handwriting on the wall,' at the great day of his
judgment which is to come. Like unto the great magician, the
famous Fakir, who upon a time, by his incantation, raised a
demon which he could not control, which would not 'lay' at the
conqueror's command, and from which he fled in dismay; so, in
the present instance, the 'Lion of the Lord' is sorely
affrighted at the hideous aspect of the devil ('of a muss') he
has raised, which, he has the sagacity to see, may not 'down'
at his bidding, but may return to plague the inventor.

"There is abundant evidence to show that he is alarmed at his
own creation, and foreseeing that he has provoked justice,
incensed mercy, seeks to guard against the retribution which
he knows the offended majesty of loyalty and law should visit
upon him.

"The night succeeding the action of the mass meeting, some
fifty armed sentinels or guards were on duty, in and about
Brigham's premises, which number has since been augmented to
several hundreds, a portion of whom serve as pickets, or
night-patrol, on the different streets leading toward Camp
Douglas. It has been currently reported that orders have been
issued to arrest Brigham and his counsellors, and hence these
precautionary measures to guard against any sudden inroad of
troops from Col. Connor's command. . . .

"On the 8th inst., the Sabbath succeeding the date of the mass
meeting, Brigham delivered a very treasonable and violent
harangue in the Tabernacle, to an immense audience, which
filled almost to suffocation that capacious structure. . . .
'We have always,' he said, 'done everything in our power to
show our loyalty. Is there anything that could be asked that
we would not do? Yes; let the present Administration ask us
for a thousand men, or even five hundred, and I'd see them
damned first, and then they couldn't have them! What do you
think of that? [Loud cries of "Good, good!" and great
applause.] We have liars, murderers, and thieves among us, who
are watching us, to report something against our loyalty.
Their object is to send another army here to "wipe us out";
but let me tell them that cannot be done; "they can't come
it,"--putting his thumb to his nose, and making the peculiar
gyrating movement with the fingers, so very expressive among
rowdies and shoulder-hitters. At this antic, a long, and loud,
and universal shout and laughter went up from all parts of the
house, joined with clapping of hands, and stamping of the
feet, in one general din and uproar.

"'It was said that we were disloyal because we burned some
seventy government wagons, at the time Johnston's army came
here. Well, let me ask, _what the devil were they doing out
here_? Coming here to destroy, and wipe us from the face of
the earth; and we only took and destroyed some of their good
things, so that they had to _gnaw mules' bones_, and eat
cattle which had frozen to death; that's what they did.

"'I swear some, my brethren and sisters; but it is always in
the pulpit,--never anywhere else.'

"Following Brigham came 'brother Heber,' a large, gross man,
bald-headed, and with a harsh and disagreeable voice, and
apparently fast approaching the age of 'the lean and slippered
pantaloon.' His remarks were in the main but a re-hash of
those made by Brigham, save in one or two noticeable points,
as follows:--'They say I am a secessionist, _but that's a
lie_. Then they say I have more than one wife; well, I _have_
several wives, and lots of children, and by the help of the
Lord I'll have many more of them!'

"Speaking about anticipated trouble with the General
Government, he said:--'The entire power of the United States
cannot destroy us, for the Lord will fight our battles.'

"_Brigham fears Arrest._