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CHAPTER XV.
The Peace Comission

President Buchanan's Volte-face--A Proclamation of Pardon--Instructions to Two Peace Commissioners--Chagrin of the Military--Governor Cumming's Misrepresentations--Conferences between the Commissioners and Young--Brother Dunbar's Singing of "Zion"--Young's Method of Surrender--Judge Eckles on Plural Marriages--The Terms made with the Mormons--March of the Federal Troops to the Deserted City-- Return of the Mormons to their Homes

    GOVERNOR CUMMING'S report of May 2 did not reach Washington until June 9, but the President's volte-face had begun before that date, and when the situation in Utah was precisely as it was when he had assured Colonel Kane that he would send no agent to the Mormons while they continued their defiant attitude. Under date of April 6 he issued a proclamation, in which he recited the outrages on the federal officers in Utah, the warlike attitude and acts of the Mormon force, which, he pointed out, constituted rebellion and treason; declared that it was a grave mistake to suppose that the government would fail to bring them into submission; stated that the land occupied by the Mormons belonged to the United States; and disavowed any intention to interfere with their religion; and then, to save bloodshed and avoid indiscriminate punishment where all were not equally guilty, he offered "a free and full pardon to all who will submit themselves to the just au thority of the federal government."

    This proclamation was intrusted to two peace commissioners, L. W. Powell of Kentucky and Major Ben. McCullough of Texas. Powell had been governor of his state, and was then United States senator-elect. McCullough had seen service in Texas before the war with Mexico, and been a daring scout under Scott in the latter war. He was killed at the battle of Pea Ridge, Arkansas, in 1862, in command of a Confederate corps.

    These commissioners were instructed by the Secretary of War to give the President's proclamation extensive circulation in Utah. Without entering into any treaty or engagements with the Mormons, they were to "bring those misguided people to their senses" by convincing them of the uselessness of resistance, and how much submission was to their interest. They might, in so doing, place themselves in communication with the Mormon leaders, and assure them that the movement of the army had no reference to their religious tenets. The determination was expressed to see that the federal officers appointed for the territory were received and installed, and that the laws were obeyed, and Colonel Kane was commended to them as likely to be of essential service.

    The commissioners set out from Fort Leavenworth on April 25, travelling in ambulances, their party consisting of themselves, five soldiers, five armed teamsters, and a wagon master. They arrived at Camp Scott on May 29, the reenforcements for the troops following them. The publication of the President's proclamation was a great surprise to the military. "There was none of the bloodthirsty excitement in the camp which was reported in the States to have prevailed there," says Colonel Brown, "but there was a feeling of infinite chagrin, a consciousness that the expedition was only a pawn on Mr. Buchanan's political chess-board; and reproaches against his folly were as frequent as they were vehement."1

    1 Atlantic Monthly, April, 1859.

    The commissioners were not long in discovering the untrustworthy character of any advices they might receive from Governor Cumming. In their report of June 1 to the Secretary of War, they mentioned his opinion that almost all the military organizations of the territory had been disbanded, adding, "We fear that the leaders of the Mormon people have not given the governor correct information of affairs in the valley." They also declared it to be of the first importance that the army should advance into the valley before the Mormons could burn the grass or crops, and they gave General Johnston the warmest praise.

    The commissioners set out for Salt Lake City on June 2, Governor Cumming who had returned to Camp Scott with Colonel Kane following them. On reaching the city they found that Young and the other leaders were with the refugees at Provo. A committee of three Mormons expressed to the commissioners the wish of the people that they would have a conference with Young, and on the 10th Young, Kimball, Wells, and several of the Twelve arrived, and a meeting was arranged for the following day.

     There are two accounts of the ensuing conferences, the official reports of the commissioners,2 which are largely statements of results, and a Mormon report in the journal kept by Wilford Woodruff.3 At the first conference, the commissioners made a statement in line with the President's proclamation and with their instructions, offering pardon on submission, and declaring the purpose of the government to enforce submission by the employment of the whole military force of the nation, if necessary. Woodruff's "reflection" on this proposition was that the President found that Congress would not sustain him, and so was seeking a way of retreat. While the conference was in session, O. P. Rockwell entered and whispered to Young. The latter, addressing Governor Cumming, asked, "Are you aware that those troops are on the move toward the city?" The compliant governor replied, "It cannot be."4 What followed Woodruff thus relates: --

    "'Is Brother Dunbar present?' enquired Brigham.
    "'Yes, sir,' responded someone. What was coming now?
    "'Brother Dunbar, sing Zion.' The Scotch songster came forward and sang the soul-stirring lines by C. W. Penrose."
5

    2 Sen. Doc., 2d Session, 35th Congress, Vol. II, p. 167.
    3 Quoted in Tullidge's "History of Salt Lake City," p. 214.
    4 Governor Cumming on June 15 despatched a letter to General Johnston saying that he had denied the report of the advance of the army, and that the general was pledged not to advance until he had received communications from the peace commissioners and the governor. The general replied on the 19th that he did say he would not advance until he heard from the governor, but that this was not a pledge; that his orders from the President were to occupy the territory; that his supplies had arrived earlier than anticipated, and that circumstances required an advance at once.
    5 See p. 498, ante.

    Interpreted, this meant, "Stop that army or our peace conference is ended." Woodruff adds: --

    "After the meeting, McCullough and Gov. Cumming took a stroll together. 'What will you do with such a people?' asked the governor, with a mixture of admiration and concern. 'D -- n them, I would fight them if I had my way,' answered McCullough.

    "'Fight them, would you? You might fight them, but you would never whip them. They would never know when they were whipped.'"

    At the second day's conference Brigham Young uttered his final defiance and then surrendered. Declaring that he had done nothing for which he desired the President's forgiveness, he satisfied the pride of his followers with such declarations as these: --

    "I can take a few of the boys here, and, with the help of the Lord, can whip the whole of the United States. Boys, how do you feel? Are you afraid of the United States? (Great demonstration among the brethren.) No. No. We are not afraid of man, nor of what he can do."

    "The United States are going to destruction as fast as they can go. If you do not believe it, gentlemen, you will soon see it to your sorrow."

    But here was the really important part of his remarks: "Now, let me say to you peace commissioners, we are willing those troops should come into our country, but not to stay in our city. They may pass through it, if needs be, but must not quarter less than forty miles from us."

    Impudent as was this declaration to the representatives of the government, it marked the end of the "war." The commissioners at once notified General Johnston that the Mormon leaders had agreed not to resist the execution of the laws in the territory, and to consent that the military and civil officers should discharge their duties. They suggested that the general issue a proclamation, assuring the people that the army would not trespass on the rights or property of peaceable citizens, and this the general did at once.

    The Mormon leaders, being relieved of the danger of a trial for treason, now stood in dread of two things, the quartering of the army among them, and a vigorous assault on the practice of polygamy. Judge Eckles's District Court had begun its spring term at Fort Bridger on April 5, and the judge had charged the grand jury very plainly in regard to plural marriages. On this subject he said: --

    "It cannot be concealed, gentlemen, that certain domestic arrangements exist in this territory destructive of the peace, good order, and morals of society -- arrangements at variance with those of all enlightened and Christian communities in the world; and, sapping as they do the very foundation of all virtue, honesty, and morality, it is an imperative duty falling upon you as grand jurors diligently to inquire into this evil and make every effort to check its growth. There is no law in this territory punishing polygamy, but there is one, however, for the punishment of adultery; and all illegal intercourse between the sexes, if either party have a husband or wife living at the time, is adulterous and punishable by indictment. The law was made to punish the lawless and disobedient, and society is entitled to the salutary effects of its execution."

    No indictments were found that spring for this offence, but the Mormons stood in great dread of continued efforts by the judge to enforce the law as he interpreted it. Of the nature of the real terms made with the Mormons, Colonel Brown says: --

    "No assurances were given by the commissioners upon either of these subjects. They limited their action to tendering the President's pardon, and exhorting the Mormons to accept it. Outside the conferences, however, without the knowledge of the commissioners, assurances were given on both these subjects by the Governor and Superintendent of Indian Affairs, which proved satisfactory to Brigham Young. The exact nature of their pledges will, perhaps, never be disclosed; but from subsequent confessions volunteered by the superintendent, who appears to have acted as the tool of the governor through the whole affair, it seems probable that they promised explicitly to exert their influence to quarter the army in Cache Valley, nearly one hundred miles north of Salt Lake City, and also to procure the removal of Judge Eckles."6

    6 Atlantic Monthly, April, 1859. Young told the Mormons at Provo on June 27, 1858: "We have reason to believe that Colonel Kane, on his arrival at the frontier, telegraphed to Washington, and that orders were immediately sent to stop the march of the army for ten days." -- Journal of Discourses, Vol. VII, p. 57.

    Captain Marcy had reached Camp Scott on June 8, with his herd of horses and mules, and Colonel Hoffman with the first division of the supply train which left Fort Laramie on March 18; on the 10th Captain Hendrickspn arrived with the remainder of the trains; and on the 13th the long-expected movement from Camp Scott to the Mormon city began. To the soldiers who had spent the winter inactive, except as regards their efforts to keep themselves from freezing, the order to advance was a welcome one. Late as was the date, there had been a snowfall at Fort Bridger only three days before, and the streams were full of water. The column was prepared therefore for bridge-making when necessary. When the little army was well under way the scene in the valley through which ran Black's Fork was an interesting one. The white walls of Bridger's Fort formed a background, with the remnants of the camp in the shape of sod chimneys, tent poles, and so forth next in front, and, slowly leaving all this, the moving soldiers, the long wagon trains, the artillery carriages and caissons, and on either flank mounted Indians riding here and there, satisfying their curiosity with this first sight of a white man's army.

    The news that the Mormons had abandoned their idea of resistance reached the troops the second day after they had started, and they had nothing more exciting to interest them on the way than the scenery and the Mormon fortifications. Salt Lake City was reached on the 26th, and the march through it took place that day. To the soldiers, nothing was visible to indicate any abandonment of the hostile attitude of the Mormons, much less any welcome.

    Their leaders had returned to the camp at Provo, and the only civilians in the city were a few hundred who had, for special reasons, been granted permission to return. The only woman in the whole city was Mrs. Cumming. The Mormons had been ordered indoors early that morning by the guard; every flag on a public building had been taken down; every window was closed. The regimental bands and the creaking wagons alone disturbed the utter silence. The peace commissioners rode with General Johnston, and the whole force encamped on the river Jordan, just within the city limits. Two days later, owing to a lack of wood and pasturage there, they were moved about fifteen miles westward, near the foot of the mountains. Disregarding Young's expressed wishes, and any understanding he might have had with Governor Cumming, General Johnston selected Cedar Valley on Lake Utah for one of the three posts he was ordered to establish in the territory, and there his camp was pitched on July 6.

    Governor Cumming prepared a proclamation to the inhabitants of the territory, announcing that all persons were pardoned who submitted to the law, and that peace was restored, and inviting the refugees to return to their homes. The governor and the peace commissioners made a trip to the Mormon camps, and addressed gatherings at Provo and Lehi. The governor bustled about everywhere, assuring every one that all the federal officers would "hold sacred the amnesty and pardon by the President of the United States, by G-d, sir, yes," and receiving from Young the sneering reply, "We know all about it, Governor." On July 4., no northward movement of the people having begun, Cumming told Young that he intended to publish his proclamation.

    "Do as you please," was the contemptuous reply; "to-morrow I shall get upon the tongue of my wagon, and tell the people that I am going home, and they can do as they please."7

    7Tullidge's "History of Salt Lake City," p. 226.

    Young did so, and that day the backward march of the people began. The real governor was the head of the church.