a short time for Judge Stiles in Carson County (now Nevada)1 in the spring of 1857, and then returned to the East by way of California, not concealing his opinion of Mormon rule on the way, and giving the government a statement of the case in a letter resigning his judgeship. After the departure of the non-Mormon federal judges from Utah, the only non-Mormon officers left there were those belonging to the office of the surveyor general, and two Indian agents. Toward these officers the Mormons were as hostile as they had been toward the judges, and the latest information that the gov ernment received about the disposition and intentions of the Mormons came from them. The Mormon view of their title to the land in Salt Lake Valley appeared in Young's declaration on his first Sunday there, that it was theirs and would be divided by the officers of the church.2 Tullidge, explaining this view in his history published in 1886, says that this was simply following out the social plan of a Zion which Smith attempted in Ohio, Missouri, and Illinois, under "revelation." He explains: "According to the primal law of colonization, recognized in all ages, it was their land if they could hold and possess it. They could have done this so far as the Mexican government was concerned, which government probably never would even have made the first step to overthrow the superstructure of these Mormon society builders. At that date, before 1 The settlement of what is now Nevada was begun by both Mormons and nonMormons in 1854, and, the latter being in the majority, the Utah legislature organized the entire western part of the territory as one county, called Carson, and Governor Young appointed Orson Hyde its probate judge. Many persons coming in after the settlement of California, as miners, farmers, or stock-raisers, the Mormons saw their majority in danger, and ordered the non-Mormons to leave. Both sides took up arms, and they camped in sight of each other for two weeks. The Mormons, learning that their opponents were to receive reënforcements from California, agreed on equal rights for all in that part of the territory; but when the legislature learned of this, it repealed the county act, recalled the judge, and left the district without any legal protection whatever. Thus matters remained until late in 1858, when a probate judge was quietly appointed for Carson Valley. After this an election was held, but although the nonMormons won at the polls, the officers elected refused to qualify and enforce Mormon statutes. Letter of Delegate-elect J. M. Crane of Nevada, "The Mormon Prophet," PP. 41-45. 2 "They will not, however, without protest, buy the land, and hope that grants will be made to actual settlers or the state, sufficient to cover their improvements. If not, the state will be obliged to buy, and then confirm the titles already given.” — GUNNI. SCN, "The Mormons," 1852, p. 414. this territory was ceded to the United States, Brigham Young, as the master builder of the colonies which were soon to spread throughout these valleys, could with absolute propriety give the above utterances on the land question.' "1 When the act organizing the territory was passed, very little of the Indian title to the land had been extinguished, and the Indians made bitter complaints of the seizure of their homes and hunting grounds, and the establishment of private rights to cañons and ferries, by the people who professed so great a regard for the "Lamanites." Congress, in February, 1855, created the office of surveyor general of Utah and defined his duties. The presence of this officer was resented at once, and as soon as Surveyor General David H. Burr arrived in Salt Lake City the church directed all its members to convey their lands to Young as trustee in trust for the church, "in consideration of the good will which have to the church of Jesus Christ of Latter-Day Saints." Explaining this order in a discourse in the Tabernacle on March 1, 1857, H. C. Kimball said: "I do not compel you to do it; the trustee in trust does not; God does not. But He says that if you will do this and the other things which He has counselled for our good, do so and prove Him. . . . If you trifle with me when I tell you the truth, you will trifle with Brother Brigham, and if you trifle with him you will also trifle with angels and with God, and thus you will trifle yourselves down to hell." 2 The Mormon policy toward the surveyors soon took practical shape. On August 30, 1856, Burr reported a nearly fatal assault on one of his deputies by three Danites. Deputy Surveyor Craig reported efforts of the Mormons to stir up the Indians against the surveyors, and quoted a suggestion of the Deseret News that the surveyors be prosecuted in the territorial court for trespass. In February, 1857, Burr reported a visit he had had from the clerk of the Supreme Court, the acting district attorney, and the territorial marshal, who told him plainly that the country was theirs. 1 Captain Gunnison, who as lieutenant accompanied Stansbury's surveying party and printed a book giving his personal observations, was murdered in 1853 while surveying a railroad route at a camp on Sevier River. His party were surprised by a band of Pah Utes while at breakfast, and nine of them were killed. The charge was often made that this massacre was inspired by Mormons, but it has not been supported by direct evidence. 2 Journal of Discourses, Vol. IV, pp. 249, 252. They showed him a copy of a report that he had made to Washington, charging Young with extensive depredations, warned him that he could not write to Washington without their knowledge, and ordered that such letter writing should stop. "The fact is," Burr added, "these people repudiate the authority of the United States in this country, and are in open rebellion against the general government. . . . So strong have been my apprehensions of danger to the surveyors that I scarcely deemed it prudent to send any out. . . . We are by no means sure that we will be permitted to leave, for it is boldly asserted we would not get away alive." He did escape early in the spring. The reports of the Indian agents to the commissioner at Washington at this time were of the same character. Mormon trespasses on Indian land had caused more than one conflict with the savages, but, when there was a prospect of hostilities with the government, the Mormons took steps to secure Indian aid. In May, 1855, Indian Agent Hurt called the attention of the commissioner at Washington to the fact that the Mormons at their recent Conference had appointed a large number of missionaries to preach among the "Lamanites"; that these missionaries were “a class of lawless young men," and, as their influence was likely to be in favor of hostilities with the whites, he suggested that all Indian officers receive warning on the subject. Hurt was added to the list of fugitive federal officers from Utah, deeming it necessary to flee when news came of the approach of the troops in the fall of 1857. His escape was quite dramatic, some of his Indian friends assisting him. They reached General Johnston's camp about the middle of October, after suffering greatly from hunger and cold. The Mormon leaders could scarcely fail to realize that a point must be reached when the federal government would assert its authority in Utah territory, but they deemed a conflict with the government of less serious moment than a surrender which would curtail their own civil and criminal jurisdiction, and bring their doctrine of polygamy within reach of the law. A specimen of the unbridled utterances of these leaders in those days will be found. in a discourse by Mayor Grant in the Tabernacle, on March 2, 1856: 1 For text of reports, see House Ex. Doc. No. 71, 1st Session, 35th Congress. "Who is afraid to die? None but the wicked. If they want to send troops here, let them come to those who have imported filth and whores, though we can attend to that class without so much expense to the Government. They will threaten us with United States troops! Why, your impudence and ignorance would bring a blush to the cheek of the veriest camp-follower among them. We ask no odds of you, you rotten carcasses, and I am not going to bow one hair's breadth to your influence. I would rather be cut into inch pieces than succumb one particle to such filthiness. . . . If we were to establish a whorehouse on every corner of our streets, as in nearly all other cities outside of Utah, either by law or otherwise, we should doubtless then be considered good fellows." 1 Two weeks later Brigham Young, in a sermon in the same place, said, "I said then, and I shall always say, that I shall be governor as long as the Lord Almighty wishes me to govern this people.2 In January, 1853, Orson Pratt, as Mormon representative, began the publication in Washington, D.C., of a monthly periodical called The Seer, in which he defended polygamy, explained the Mormon creed, and set forth the attitude of the Mormons toward the United States government. The latter subject occupied a large part of the issue of January, 1854, in the shape of questions and answers. The following will give an illustration of their tone: "Q.-In what manner have the people of the United States treated the divine message contained in the Book of Mormon ? "A. They have closed their eyes, their ears, their hearts and their doors against it. They have scorned, rejected and hated the servants of God who were sent to bear testimony of it. "Q.-In what manner has the United States treated the Saints who have believed in this divine message ? 66 "A. They have proceeded to the most savage and outrageous persecutions; . . . dragged little children from their hiding-places, and, placing the muzzles of their guns to their heads, have blown out their brains, with the most horrid oaths and imprecations. They have taken the fair daughters of American citizens, bound them on benches used for public worship, and there, in great numbers, ravished them until death came to their relief." Further answers were in the shape of an argument that the federal government was responsible for the losses of the Saints in Missouri and Illinois. 1. 2 Ibid., p. 258. CHAPTER XII THE MORMON "WAR" THE government at Washington and the people of the Eastern states knew a good deal more about Mormonism in 1856 than they did when Fillmore gave 'the appointment of governor to Young in 1850. The return of one federal officer after another from Utah with a report that his office was untenable, even if his life was not in danger, the practical nullification of federal law, and the light that was beginning to be shed on Mormon social life by correspondents of Eastern newspapers had aroused enough public interest in the matter to lead the politicians to deem it worthy of their attention. Accordingly, the Republican National Convention, in June, 1856, inserted in its platform a plank declaring that the constitution gave Congress sovereign power over the territories, and that "it is both the right and the duty of Congress to prohibit in the territories those twin relics of barbarism-polygamy and slavery." A still more striking proof of the growing political importance of the Mormon question was afforded by the attention paid to it by Stephen A. Douglas in a speech in Springfield, Illinois, on June 12, 1856, when he was hoping to secure the Democratic nomination for President. This former friend of the Mormons, their spokesman in the Senate, now declared that reports from the territory seemed to justify the belief that nine-tenths of its inhabitants were aliens; that all were bound by horrid oaths and penalties to recog nize and maintain the authority of Brigham Young; and that the Mormon government was forming alliances with the Indians, and organizing Danite bands to rob and murder American citizens. "Under this view of the subject," said he, "I think it is the duty of the President, as I have no doubt it is his fixed purpose, to remove Brigham Young and all his followers from office, and to fill their places with bold, able, and true men; and to cause a thorough |