CHAPTER XVII.
After The "War" 

Judge Cradlebaugh's Attempts to enforce the Law--Investigation of the Mountain Meadows Massacre-- Governor Cumming's Objections to the Use of Troops to assist the Court--A Washington Decision in Favor of Young's Authority--The Story of a Counterfeit Plate--Five Thousand Men under Arms to protect Young from Arrest--Sudden Departure of Cumming--Governor Dawson's Brief Term--His Shocking Treatment at Mormon Hands-- Governor Harding's Administration--The Morrisite Tragedy

    WITH the return of the people to their homes, the peaceful avocations of life in Utah were resumed. The federal judges received assignments to their districts, and the other federal officers took possession of their offices. Chief Justice Eckles selected as his place of residence Camp Floyd, as General Johnston's camp was named; Judge Sinclair's district included Salt Lake City, and Judge Cradlebaugh's the southern part of the state.

    Judge Cradlebaugh, who conceived it to be a judge's duty to see that crime was punished, took steps at once to secure indictments in connection with the notorious murders committed during the "Reformation," and we have seen in a former chapter with what poor results. He also personally visited the Mountain Meadows, talked with whites and Indians cognizant with the massacre, and, on affidavits sworn to before him, issued warrants for the arrest of Haight, Higbee, Lee, and thirty-four others as participants therein. In order to hold court with any prospect of a practical result, a posse of soldiers was absolutely necessary, even for the protection of witnesses; but Governor Cumming, true to the reputation he had secured as a Mormon ally, declared that he saw no necessity for such use of federal troops, and requested their removal from Provo, where the court was in session; and when the judge refused to grant his request, he issued a proclamation in which he stated that the presence of t he military had a tendency "to disturb the peace and subvert the ends of justice." Before this dispute had proceeded farther, General Johnston received an order from Secretary Floyd, approved by Attorney General Black, directing that in future he should instruct his troops to act as a posse comitatus only on the written application of Governor Cumming. Thus did the church win one of its first victories after the reestablishment of "peace."

    An incident in Salt Lake City at this time might have brought about a renewal of the conflict between federal and Mormon forces. The engraver of a plate with which to print counterfeit government drafts, when arrested, turned state's evidence and pointed out that the printing of the counterfeits had been done over the "Deseret Store" in Salt Lake City, which was on Young's premises. United States Marshal Dotson secured the plate, and with it others, belonging to Young, on which Deseret currency had been printed. This seemed to bring the matter so close to Young that officers from Camp Floyd called on Governor Cumming to secure his cooperation in arresting Young should that step be decided on. The governor refused with indignation to be a party to what he called "creeping through walls," that is, what he considered a roundabout way to secure Young's arrest; and, when it became rumored in the city that General Johnston would use his troops without the governor's cooperation Cumming dire cted Wells, the commander of the Nauvoo Legion, who had so recently been in rebellion against the government, to hold his militia in readiness for orders. Wells is quoted by Bancroft as saying that he told Cumming, "We would not let them {the soldiers} come; that if they did come, they would never get out alive if we could help it."¹ The decision of the Washington authorities in favor of Governor Cumming as against the federal judges once more restored "peace." The only sufferer from this incident was Marshal Dotson, against whom Young, in his probate court, obtained a judgment of $2600 for injury to the Deseret currency plates, and a house belonging to Dotson, renting for $500 year, was sold to satisfy this judgment, and bought in by an agent of Young.

    ¹ "History of Utah," p. 573, note.

    To complete the story of this forgery, it may be added that Brewer, the engraver who turned state's evidence, was shot down in Main Street, Salt Lake City, one evening, in company with J. Johnson, a gambler who had threatened to shoot a Mormon editor. A man who was a boy at the time gave J. H. Beadle the particulars of this double murder as he received it from the person who lighted a brazier to give the assassin a sure aim.² The coroner's jury the next day found that the men shot one another!

    ² "Polygamy," p. 192.

    Soon all public attention throughout the country was centered in the coming conflict in the Southern states. In May, 1860, the troops at Camp Floyd departed for New Mexico and Arizona, only a small guard being left under command of Colonel Cooke. In May, 1861, Governor Cumming left Salt Lake City for the east so quietly that most of the people there did not hear of his departure until they read it in the local newspapers. He soon after appeared in Washington, and after some delay obtained a pass which permitted his passage through the Confederate lines. When the Southern rebellion became a certainty, Colonel Cooke and his force were ordered to march to the East in the autumn, after selling vast quantities of stores in Camp Floyd, and destroying the supplies and ammunition which they could not take away. Such a slaughter of prices as then occurred was, perhaps, without precedent. It was estimated that goods costing $4,000,000 brought only $l00,000. Young had preached non-intercourse with the Gentile merchants who followed the army, but he could n ot lose so great an opportunity as this, when, for instance, flour costing $28.40 per sack sold for 52 cents, and he invested $4,000. "For years after," says Stenhouse, "the 'regulation blue pants' were more familiar to the eye, in the Mormon settlements, than the Valley Tan Quaker gray."

    When Governor Cumming left the territory, the secretary, Francis H. Wooton, became acting governor. He made himself very offensive to the administration at Washington, and President Lincoln appointed Frank Fuller, of New Hampshire, secretary of the territory in his place, and Mr. Fuller proceeded at once to Salt Lake City, where he became acting governor. Later in the year the other federal offices in Utah were filled by the appointment of John W. Dawson, of Indiana, as governor, John F. Kinney as chief justice, and R. P. Flenniken and J. R. Crosby as associate justices.

    The selection of Dawson as governor was something more than a political mistake. He was the editor and publisher of a party newspaper at Fort Wayne, Indiana, a man of bad morals, and a meddler in politics, who gave the Republican managers in his state a great deal of trouble. The undoubted fact seems to be that he was sent out to Utah on the recommendation of Indiana politicians of high rank, who wanted to get rid of him, and who gave no attention whatever to the requirements of his office.

    Arriving at his post early in December, 1861, the new governor incurred the ill will of the Mormons almost immediately by vetoing a bill for a state convention passed by the territorial legislature, and a memorial to Congress in favor of the admission of the territory as a state (which Acting Governor Fuller approved). They were very glad, therefore, to take advantage of any mistake he might make; and he almost at once gave them their opportunity, by making improper advances to a woman whom he had employed to do some work. She, as Dawson expressed it to one of his colleagues, "was fool enough to tell of it," and Dawson, learning immediately that the Mormons meditated a severe vengeance, at once made preparations for his departure.

    The Deseret News of January 1, 1862, in an editorial on the departure of the governor, said that for eight or ten days he had been confined to his room and reported insane; that, when he left, he took with him his physician and four guards, "to each of whom, as reported last evening, $100 is promised in the event that they guard him faithfully, and prevent his being killed or becoming qualified for the office of chamberlain in the King's palace, till he shall have arrived at and passed the eastern boundary of the territory." After indicating that he had committed an offence against a lady which, under the common law, if enforced, "would have caused him to have bitten the dust," the News added: "Why he selected the individuals named for his bodyguard no one with whom we have conversed has been able to determine. That they will do him justice, and see him safely out of the territory, there can be no doubt."

    The hints thus plainly given were carried out. Beadle's account says, "He was waylaid in Weber Canon, and received shocking and almost emasculating injuries from three Mormon lads."³ Stenhouse says: "He was dreadfully maltreated by some Mormon rowdies who assumed, 'for the fun of the thing,' to be the avengers of an alleged insult. Governor Dawson had been betrayed into an offence, and his punishment was heavy."⁴ Mrs. Waite says that the Mormons laid a trap for the governor, as they had done for Steptoe; but the evidence indicates that, in Dawson's case, the victim was himself to blame for the opportunity he gave.

    ³ "Polygamy," p. 195.
    ⁴ "Rocky Mountain Saints," p. 592.

    Stenhouse says that the Mormon authorities were very angry because of the aggravated character of the punishment dealt out to the governor, as they simply wanted him sent away disgraced, and that they had all his assailants shot. This is practically confirmed by the Mormon historian Whitney, who says that one of the assailants was a relative of the woman insulted, and the others "merely drunken desperadoes and robbers who," he explains, "were soon afterward arrested for their cowardly and brutal assault upon the fleeing official. One of them, Lot Huntington, was shot by Deputy Sheriff O. P. Rockwell {so often Young's instrument in such cases} on January 26, in Rush Valley, while attempting to escape from the officers, and two others, John P. Smith and Moroni Clawson, were killed during a similar attempt next day by the police of Salt Lake City. Their confederates were tried and duly punished." ⁵

    ⁵ "History of Utah," Vol. II, p. 38.

    The departure of Governor Dawson left the executive office again in charge of Secretary Fuller. Early in 1862 the Indians threatened the overland mail route, and Fuller, having received instruction from Montgomery Blair to keep the route open at all hazards, called for thirty men to serve for thirty days. These were supplied by the Mormons. In the following April, the Indian troubles continuing, Governor Fuller, Chief Justice Kinney, and officers of the Overland Mail and Pacific Telegraph Companies united in a letter to Secretary Stanton asking that Superintendent of Indian Affairs Doty be authorized to raise a regiment of mounted rangers in the territory, with officers appointed by him, to keep open communication. These petitioners, observes Tullidge, "had overrated the federal power in Utah, as embodied in themselves, for such a service, when they overlooked ex-Governor Young" and others. ⁶ Young had no intention of permitting any kind of a federal force to supplant his L egion. Heat once telegraphed to the Utah Delegate in Washington that the Utah militia (alias Nauvoo Legion) were competent to furnish the necessary protection. As a result of this presentation of the matter, Adjutant General L. L. Thomas, on April 28, addressed a reply to the petition for protection, not to any of the federal officers in Utah, but to "Mr. Brigham Young," saying, " By express direction of the President of the United States you are hereby authorized to raise, arm, and equip one company of cavalry for ninety days' service."⁷ The order for carrying out these instructions was placed by the head of the Nauvoo Legion, "General" Wells -- who ordered the burning of the government trains in 1857 -- in the hands of Major Lot Smith, who carried out that order!

    ⁶ Tullidge's "History of Salt Lake City," p. 252.
    ⁷ Vol. II, Series 3, p. 27, War of the Rebellion, official records.

    Judges Flenniken and Crosby took their departure from the territory a month later than Dawson, and Thomas J. Drake of Michigan and Charles B. Waite of Illinois⁸ were named as their successors, and on March 31 Stephen S. Harding of Milan, Indiana, a lawyer, was appointed governor. The new officers arrived in July.

    ⁸ After leaving Utah Judge Waite was appointed district attorney for Idaho, was elected to Congress, and published "A History of the Christian Religion," and other books. His wife, author of "The Mormon Prophet," was a graduate of Oberlin College and of the Union College of Law in Chicago, a member of the Illinois bar, founder of the Chicago Law Times, and manager of the publishing firm of C. W. Waite & Co.

    At this time the Mormons were again seeking admission for the State of Deseret. They had had a constitution prepared for submission to Congress, had nominated Young for governor and Kimball for lieutenant governor, and the legislature, in advance, had chosen W. H. Hooper and George Q. Cannon the United States senators. But Utah was not then admitted, while, on the other hand, an anti-polygamy bill (to be described later) was passed, and signed by President Lincoln on July 2.

    During the month preceding the arrival of Governor Harding, another tragedy had been enacted in the territory. Among the church members was a Welshman named Joseph Morris, who became possessed of the belief (which, as we have seen, had afflicted brethren from time to time) that he was the recipient of "revelations." One of these "revelations" having directed him to warn Young that he was wandering from the right course, he did this in person, and received a rebuke so emphatic that it quite overcame him. He betook himself, therefore, to a place called Kington Fort, on the Weber River, thirty-five miles north of Salt Lake City, and there he found believers in his prophetic gifts in the local Bishop, and quite a settlement of men and women, almost all foreigners. Young's refusal to satisfy the demand for published "revelations" gave some standing to a fanatic like Morris, who professed to supply that long-felt want, and he was so prolific in his gift that three clerks were required to write down what was revealed to him. Among his announcements were the date of the coming of Christ and the necessity of "consecrating" their property in a common fund. Having made a mistake in the date selected for Christ's appearance, the usual apostates sprang up, and, when they took their departure, they claimed the right to carry with them their share of the common effects. In the dispute that ensued, the apostates seized some Morrisite grain on the way to mill, and the Morrisites captured some apostates, and took them prisoners to Kington Fort.

    Out of these troubles came the issue of a writ by Judge Kinney for the release of the prisoners, the defiance of this writ by the Morrisites, and a successful appeal to the governor for the use of the militia to enable the marshal to enforce the writ. On the morning of June 13 the Morrisites discovered an armed force, in command of General R. T. Burton, the marshal's chief deputy, on the mountain that overlooked their settlement, and received from Burton an order to surrender in thirty minutes. Morris announced a "revelation," declaring that the Lord would not allow his people to be destroyed. When the thirty minutes had expired, without further warning the Mormon force fired on the Morrisites with a cannon, killing two women outright, and sending the others to cover. But the devotees were not weak-hearted. For three days they kept up a defence, and it was not until their ammunition was exhausted that they raised a white flag. When Burton rode into their settlement and demanded Morris 's surrender, that fanatic replied, "Never." Burton at once shot him dead, and then badly wounded John Banks, an English convert and a preacher of eloquence, who had joined Morris after rebelling against Young's despotism. Banks died "suddenly" that evening. Burton finished his work by shooting two women, one of whom dared to condemn his shooting of Morris and Banks, and the other for coming up to him crying.⁹

    ⁹ For accounts of this slaughter, see "Rocky Mountain Saints," pp. 593-606, and Beadle's "Life in Utah," pp. 413-420.

    The bodies of Morris and Banks were carried to Salt Lake City and exhibited there. No one -- President of the church or federal officer -- took any steps at that time to bring their murderers to justice. Sixteen years later District Attorney Van Zile tried Burton for this massacre, but the verdict was acquittal, as it has been in all these famous cases except that of John D. Lee.

    Ninety-three Morrisites, few of whom could speak English, were arraigned before Judge Kinney and placed under bonds. In the following March seven of the Morrisites were convicted of killing members of the posse, and sentenced by Judge Kinney to imprisonment for from five to fifteen years each, while sixty-six others were fined $100 each for resisting the posse. Governor Harding immediately pardoned ail the accused, in response to a numerously signed petition. Beadle says that Bishop Wooley advised the governor to be careful about granting these pardons, as "our people feel it would be an outrage, and if it is done, they might proceed to violence;" but that Bill Hickman, the Danite captain, rode thirty miles to sign the petition, saying that he was "one Mormon who was not afraid to sign." The grand jury that had indicted the Morrisites made a presentment to Judge Kinney, in which they said, "We present his Excellency Stephen S. Harding, governor of Utah, as we would an unsafe bridge ov er a dangerous stream, jeopardizing the lives of all those who pass over it; or as we would a pestiferous cesspool in our district, breathing disease and death." And the chief justice assured this jury that they addressed him "in no spirit of malice," and asked them to accept his thanks "for your cooperation in the support of my efforts to maintain and enforce the law." It is to the credit of the powers at Washington that this judge was soon afterward removed.¹⁰

    ¹⁰ Even the Mormon historian has only this to say on this subject: "Of the relative merit or demerit of the action of the United States and territorial authorities concerned in the Morrisite affair the historian does not presume to touch, further than to present the record itself and its significance." -- Tullidge, "History of Salt Lake City," p. 320.