Chapter 3 POLITICAL HISTORY CONTINUED.

Col. Steptoe and Brigham Young.-Brigham reappointed Governor.-John F. Kinney.-Western Utah, or Nevada.-Letter of Hon. James M. Crane.-Judge Stiles and the Records.-W. W. Drummond.

In 1854 Col. Steptoe, with about 300 men, came to Salt Lake. His command was intended for California and Oregon, but spent the winter of 1854-55 at Salt Lake City.

About this time John F. Kinney, of Iowa, was appointed Chief Justice, to succeed Reed, and George P. Stiles, Associate Justice; Joseph Hollman, also of Iowa, Attorney-General, and Almon W. Babbitt, Secretary. In the spring of 1855, W. W. Drummond, of Illinois, was appointed Associate Justice.

During the winter of 1854-55, news reached Salt Lake that President Pierce had commissioned Col. Steptoe as Governor of Utah. This alarmed the saints exceedingly. The Lion of the Lord was roused. Something must be done.

Col. Steptoe had the appointment under consideration for several weeks, and finally refused to accept it, and joined with Chief Justice Kinney and others in recommending the continuance in office of Governor Young.

The question naturally arises, Why did Col. Steptoe refuse to accept the appointment, and recommend Brigham Young? Mormons would tell you, in confidence, that Brigham "put a hook in his nose," and he was compelled to do as he did. The Prophet of the Lord had said he would be Governor, and no power but the Lord Almighty could hinder it.

Daring and unscrupulous as a brigand, having the means at his command, and the ingenuity to use them, why should he not outwit the government and deceive the people of the United States? He was determined not to relinquish, without an effort to retain them, the power and emoluments of his position. The following narrative of the manner in which he accomplished his purposes, has been furnished by a Mormon who was residing in Salt Lake City at the time, and the employment of similar appliances on more than one occasion afterward, gives the coloring of truth to the story.

There were in Salt Lake City, at that time, two beautiful and fascinating women, one of whom was by marriage nearly related to the Prophet; the other was an actress in the church theatre. Their husbands were both "on a mission." These ladies were a great deal in the society of Col. Steptoe and his officers. Much attention was paid to the military officers, and it would be but natural that these men should be both pleased and flattered by the attention of sisters occupying so high a place in the hierarchy. According to report, however, the character of these women was not such as their exalted position in the church would seem to require.

One evening Brigham called "the girls" to him, and explained that he had a plan in which he needed their assistance. They at once consented to do anything he might desire. The plan was soon agreed upon. He placed his Danites at a convenient distance around the Colonel's office, and calmly awaited developments. In a short time one of the "police" came to the Prophet, and signified that it was time for him to appear on the field. He went immediately down to the Colonel's office, which was on Main Street, and knocked for admittance. For some time no one responded, but the knocking continuing violently, Col. Steptoe asked who was there. "Brigham Young," said the angry Prophet; "and I want to come in, and I will come in." At this Steptoe opened the door, and Brigham entered the front office. He seemed excited, and without being seated, asked if Mary and Mrs. -- were there; adding,-"I want the girls." Steptoe denied their presence; but could a prophet be deceived? "I know better," said he; "I know they are here;" at the same time walking into the back office. There, on the sofa, sat two young gentlemen dressed in the highest style, but wearing their hats. Brigham advanced, lifted the hats of the fancy gentlemen, and the ladies he was seeking sat before him. Of course, the righteous indignation of the Prophet knew no bounds. He threatened Steptoe with exposure and prosecution, and told him his life would not be safe if the friends of the ladies came to hear of the affair. He censured the girls, and told them to go home, and finally calmed down, and left the office.

Steptoe was greatly alarmed, and, as a compromise, offered to recommend Brigham for the appointment which had just been tendered to himself. With ill-concealed satisfaction on the part of Brigham and his friends, the proposition was accepted, and "the matter arranged."

Soon after, a petition was sent to the President, dated December 30, 1854, and asking for the reappointment of Young as Governor. This was signed by Col. Steptoe and most of his officers, and by all the federal officers then in Utah.

This array of gentile names was not to be disregarded, and Brigham Young was reappointed Governor of Utah.

In 1854 John F. Kinney was appointed, by Franklin Pierce, Chief Justice of Utah, and came to the valley with his family and a large stock of goods the same year. He was known in Iowa as a "Jack Mormon," and subsequent events have proven that he was such. He sold goods and kept a boarding-house; and at once entered into favor with the Mormon administration. He was pecuniarily interested in keeping the good-will of his trading customers; and this fact, together with his undoubted sympathy with the church, will satisfactorily account for the course pursued by him in the complicated condition of the Territory.

It is not our purpose to detract from the merits of any one. We desire to do justice to all. But the impartial truth of history requires us to say that the uniform course of Judge Kinney has been to aid and abet Brigham Young in his ambitious schemes, with but little regard to the advancement of the interests of the whole country, or the requirements of indiscriminate justice.

As to his merits as a jurist, the writer of these pages cannot undertake to decide. But it would seem, to one uninitiated, that a Judge cannot be very profound who will try, convict, and sentence men not within the jurisdiction of his court, and even men not in the land of the living. This was done by Judge Kinney, in the case of the Morrisites,-dissenters or apostates from the Mormon Church.

In the spring of 1863 a large number of these men were tried, convicted, and fined $100 each. Many of them were out of the Territory at the time, and one was dead. This statement is fully substantiated by affidavits which were taken at the time. Over ninety were tried and convicted, about twenty of whom were out of the Territory, and one had died before the trial commenced.

When the cases were called on for trial, it was stated that some of the accused were absent. The Judge remarked, it made no difference; he was gratified that so many had made their appearance, and directed the trial to proceed. All were found guilty, and sentenced to pay a fine of $100 each, except a few of the leaders, who were sentenced to the penitentiary,-one of them for fifteen years.

These men were accused of resisting the Mormon officers who came to arrest them. Robert T. Burton, the sheriff of Salt Lake County, who was the principal one thus "resisted," had shot Morris, their Prophet, in cold blood, after he and his party had surrendered; and yet, while the Morrisites were so severely punished, Burton went scot free. The grand jury of Salt Lake County would not even find a bill of indictment against him. Burton stands high in the community, and was afterwards appointed Collector of Internal Revenue.

But this is not all. Not only were all of the accused tried and convicted, but the bonds of those absent were declared by the clerk to be forfeited, and execution was issued against those resident in Utah, to collect the penalty of the bonds. At the same time, the records showed no judgments against the delinquents. One of these Morrisites, named Abraham Taylor, found his property, worth $2500, suddenly levied upon, under one of these executions. There being no gentile lawyer at Salt Lake, he applied to Judge Waite, who investigated the matter, and found there was no judgment of record. He then advised Mr. Taylor to apply to Judge Kinney for an injunction against the officer. This was done; but the application was refused by Judge K. on the ground that if there was no judgment he could render one, as the court had not permanently adjourned, but only to meet on his own motion. This response to the application of a suitor is a sufficient indication of the ability of Judge Kinney, and of his desire to administer impartial justice.

The result of the whole matter was, that the homestead of Mr. Taylor was sold under the execution, to the clerk of Judge Kinney's court, for 000; the family of Taylor impoverished, and literally turned into the street. After remaining out of doors, in front of the house, for a day or two, they took refuge at the camp of Gen. Connor.

In his personal appearance Judge Kinney is pompous and conceited. He is of the medium size, rather stout, with dark complexion. Brusque and ready in conversation, and never declining to drink when invited, he is well adapted to the country in which he resides, and is immensely popular in the community in which he was placed "to administer the law," and which he now represents in Congress. He is an open apologist and advocate of polygamy.

Mrs. Kinney is a sister of Judge Hall, of Iowa, and an accomplished lady. She was utterly disgusted with Mormon society, and returned, with her daughters, to the States.

Judge Kinney remained in Utah until 1856. In 1860 he was reappointed. Thus he was absent from the Territory during all the exciting scenes of 1857-8 and 9, and returned after something like harmony had been restored in the affairs of the Territory. He managed, however, by having his leave of absence extended from time to time, to retain the office and its emoluments until 1858. Since 1860 he has been back and forth, spending about half his time in either portion of the country, but retaining his position as Chief Justice, until elected to Congress in 1863.

Judge Stiles, who was appointed to succeed Snow, was assigned to the third, or Carson District. He immediately proceeded to his district, and held a term of court.

The present Territory of Nevada was included mostly in the third judicial district, and much difficulty occurred between Mormons and the miners in that section.

A full account of the proceedings which go to make up the history of this part of Utah, will be found in a letter from the Hon. James M. Crane to Hon. William Smith, published in 1859.

This letter is so complete and truthful in its statements, and presents such a correct view of the character and tendencies of Mormonism, that we insert it, nearly entire:-

"Washington, January 17, 1859.

"Dear Sir,-

"As you may need some facts not reported at length in the memorial and other documents, relating to the proposed Territory of Nevada, I herewith submit them.

"The Mormons and Anti-Mormons began the settlement of Western Utah in the latter part of 1854. The former, however, succeeded, in 1855, in obtaining a numerical majority; and the Legislature of Utah, on being informed of this fact, organized the whole western part of the Territory, under the name of Carson County, and Governor Young appointed Orson Hyde, the President of the Quorum of Twelve Apostles, its Probate Judge. Soon after the Judge arrived, adventurers from California, as well as from the Atlantic States, settled in Carson and other valleys on the eastern side of the Sierra Nevada, for the purpose of mining, farming, and raising stock. As they increased very fast, the Mormons became alarmed, and determined to expel them.

"They therefore ordered them to leave the country. Of course the Christians, or Anti-Mormons refused to do so. The Mormons then assembled their forces, and attempted to expel them, vi et armis. The Anti-Mormons also organized, and fortified themselves, with a view of defending their lives and property against their assailants.

"For two weeks their armies camped nearly in sight of each other, without coming to a direct battle.

"By this time, news had reached the miners in California of this state of affairs, and a large number had determined to cross the mountains, and afford protection to the Anti-Mormons. On hearing this, the Mormons became satisfied that, unless they retraced their steps, they would be driven themselves from the country, instead of the Anti-Mormons. They therefore proposed a truce, and agreed that all should enjoy a common heritage in that part of the Territory.

"The Mormons now became satisfied that the Christians not only could, but would occupy these fertile valleys, on the ground that they were the common property of the United States. When the Legislature of Utah heard of this affair, that body, in violation of every constitutional right, repealed the county organization, recalled the Probate Judge, and removed all the county and court records to Salt Lake City, where they have ever since remained. Amongst these records were several indictments against certain persons for high crimes and misdemeanors. By this flagrant violation of all sacred, individual, collective, and constitutional rights, the people of Western Utah were not only denied all legal protection to life and property, but they were disfranchised. They have ever been unrepresented in the Legislature and in Congress. The history of our country presents no such a record of open defiance of law, and such cruelties to men under the form of laws.

"For years the Anti-Mormons have been applying, both to the Territorial Legislature and to Congress, for protection, without success.

"Their situation has ever been, and still is, peculiarly unsafe and annoying. Recently a Probate Judge was surreptitiously appointed for Carson Valley, with a view of reorganizing the county of Carson, and thus extend over the people there the Mormon statutes of the Territory.

"The Judge, soon after he received his commission, undertook to force on an election of county officers. Enough of the Anti-Mormons, however, turned out, to defeat his purpose, by the election of an opposite ticket, who, on being elected, refused to qualify, because they were required to obey the Mormon statutes. The Judge has been notified that if he undertakes to enforce the Mormon statutes he will be resisted,-peaceably if they can, forcibly if they must.

"They will not introduce, nor permit others to introduce among them, the vices of that wicked, perverse, and adulterous generation, who have so long wielded the sceptre of authority in the Great Basin. They will not allow, with impunity, their wives and daughters to be kidnapped, dishonored, and defiled; nor submit to laws made by such a people, nor allow themselves to be ruled by men who practise and uphold vices and crimes so revolting to the moral sense of the world; and if the Mormons persist in their present course, blood will flow.

"The only loyal people of Utah are oppressed, annoyed, and scandalized, by a government intended by Congress to secure them in their rights, and to protect them in their property; and while the present Territorial organization exists, the Mormons, who have control of the Legislature, will never 'let up on the gentiles.'

"The only remedy for this unnatural war, now raging between the Mormons and the Anti-Mormons in Utah, is to be found in the immediate separation of these people under two distinct governmental organizations. One thing is inevitable,-the Mormons and Anti-Mormons will never, and can never live together in peace, under one government. The conflicts which took place between them in Ohio, Missouri, Illinois, and Iowa, and which are now going on in Utah, ought to convince any intelligent man of the justice and truth of this declaration. Indeed, the Mormons themselves acknowledge it; and so long as they adhere to their belief,-a belief founded upon their own scriptures,-that an absolute theocracy is the only government under which they can and should live, they never will be loyal to our government and countrymen, and hence their hostility to our institutions and people, and their inflexible devotion to their own.

"In every State where the Mormons have lived, it has cost the loyal people of the State thousands of dollars, as well as the loss of many lives, to compel them to obey the laws. In every instance they have resisted our laws, and in every State necessity demanded their expulsion.

"In Utah, while they were charged with the administration of the government and execution of the laws, they proved themselves not only traitors to our people, but treacherous to the government, and openly rebelled against them and defied their authority, and it cost the Federal Government millions to conquer them. They have still control of the Territory, and they are inflexibly bent upon subduing the Anti-Mormons of Western Utah; and if the latter are not separated from them, and protected by law, it will require the expenditure of millions more to restore order in Utah. Congress can count the cost in this matter, while we will have the melancholy duty of burying our dead. The people of Nevada will never be conquered,-never be ruled by the Mormons. Come what will, they will resist to the bitter end. They prefer death to dishonor, and the government may choose which of these shall be meted out to them.

"In addition to the above considerations, which should, I believe, present conclusive and imposing evidence, sufficiently satisfactory to induce Congress to organize the Territory of Nevada, I may likewise mention others.

"While the people of Western Utah have, in the Mormons, open and avowed enemies, they have likewise the savage tribes to defend themselves against. Some of these tribes are professed Mormons, while others are under their influence. Many conflicts have taken place between the Christians and some of these tribes, as well as between the emigrants, while crossing the Plains to the North Pacific, and the aforesaid savages; and there is no hope of establishing amicable relations with these Indian tribes, until they are brought under other and better relations with the Anti-Mormons of Utah. Peace does not reign in Utah, and never will, under the present order of things. . . . .

"When our common country shall call forth her sons to defend her rights, the people of Nevada will come forth. They will be ready and willing to meet the enemy, on the beach and on the frontier, with a sword in one hand and a torch in the other. They will dispute every inch of ground, burn every blade of grass, and the last intrenchment of liberty will become their graves, rather than permit a foreign enemy to contaminate the soil of our country. Can this be said of the Mormons? I think not. If we can protect our countrymen abroad, why should we not, on our own soil?

"Very respectfully, yours,

"James M. Crane,

"Delegate elect from Nevada.

"To Hon. Wm. Smith."

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"Having read the above statement of Judge Crane, delegate from the proposed Territory of Nevada, I will state from my own observation, having resided in the Territory of Utah for over three years, for a portion of which time I was in Carson Valley, that I heartily concur with him, and fully indorse his statement in relation to the condition of things in Western Utah, and seriously believe that the wants and necessities of the people of that portion of the Territory demand its immediate organization.

"George P. Stiles,

"Late Associate Justice for Utah."

Nevada was erected into a Territory, and has made rapid and gigantic strides in all the essentials of a high civilization. Her mines are celebrated throughout the world, and she annually adds millions of dollars to the circulation of the country.

Already are her valleys teeming with the life of the husbandman, and her soil yielding up its rich harvests of golden grain, for the sustenance of her brave and patriotic sons. She has sent several hundred men into the field, and with unshaken loyalty stands ready to send more, if the cause of her country calls,-thus literally fulfilling the promise of Judge Crane made in the foregoing letter. Mark the contrast between loyal and Christian Nevada, and disloyal and Mohammedan Utah! One rushing on to a glorious and happy destiny, and the other falling rapidly back into the habits and customs of heathen nations. The genius of Liberty sits enthroned among the mountains of free Nevada, while despotism of the most hideous character clanks her chains in Utah. May the day of deliverance for the oppressed thousands of Utah soon dawn. Then will she take her place among her sisters in the family of States, and the hand of oppression be no more felt in all her fair borders.

When Brigham Young found that the gentile element was gaining ground rapidly in Carson County, his Legislature attached it to Great Salt Lake County, for judicial and other purposes. A large number of Mormons were sent on to colonize, and if possible to retain, the fertile Valley of Nevada. These missionaries were recalled in 1857, as well as many others, who were settling in different parts of California.

Slowly and sullenly they relinquished their hold upon this rich and prosperous portion of the Republic. It rapidly advanced in population, and not only prospered as a Territory, as already mentioned, but has lately been admitted as one of the States of the Union. The admission of Nevada, carved out of Utah, while the mother Territory still remains out in the cold, ought to be a sufficient hint that Congress and the people of the United States are not yet prepared for the establishment in their midst of a polygamic monarchy.

Judge Stiles returned to Salt Lake City, and there held several courts.

In the fall of 1856 a conflict arose, in regard to the jurisdiction of the United States Marshal. Heretofore this officer had acted with the Mormons, and all had passed off smoothly. But a real gentile was now appointed, and this was the signal for Mormon opposition. The Mormons claimed that the Territorial Marshal, instead of the United States Marshal, should act in the United States courts when doing territorial business. The United States Marshal contended that he should officiate in all business transacted in the United States courts, whether sitting as federal or territorial courts. Judge Stiles issued certain writs, directed to the officer, which he found it impossible to serve. The people, instigated by the Mormon leaders, refused to obey the precepts of the court, and set at naught its authority, proclaiming that the time had come when their laws, and none others, should be enforced in Utah.

The question of jurisdiction was brought before the court, and James Ferguson, Hosea Stout, and J. C. Little, Mormon lawyers, loudly demanded that the Judge should decide in their favor. Ferguson, backed by an armed mob, told Judge Stiles, in open court, that if he dared to decide contrary to their wishes, he "would take him from the bench d-d quick"; that the boys were there to do it, and he, with others, by threats and intimidations, finally compelled the Judge to adjourn his court.

Judge Stiles then appealed to Brigham Young, as Governor of the Territory, to sustain him, and protect him in the discharge of his duties. In reply, he was coolly told that "the courts had already cost him [Brigham] too much trouble; that the boys had got their spunk up, and he would not interfere." He advised him, "if he could not sustain and enforce their [the United States] laws and institutions, the sooner he adjourned his court the better."

These proceedings had a tendency to bring the Judge into disrepute with the Mormons. Thomas Williams, a lawyer, had his office with Judge Stiles, on Main Street. Williams, though a Mormon, was an independent man, and had openly opposed Brigham on some question of politics. He had also denounced some prominent murders, and was becoming obnoxious, and even dangerous, to Brigham and his compeers. The Prophet once said to Williams's father and mother: "If Tom don't behave himself better, and stop causing me trouble, I must attend to him." Soon after, Williams apostatized, and started for California, intending to remain, and send back for his family. He met the fate of Babbitt. He was waylaid and killed by "Indians" on the Plains. It is well understood at Salt Lake that these were white Indians, and that Williams was put to death by order of the church authorities.

The records of the United States District Courts were in Judge Stiles's office. He, and Williams also, had a good many law books, which were private property. Brigham asserted that the records were suffered to "lie around loose," and suggested to the boys that they had better be cared for. This was sufficient, and "the boys" proceeded to "'tend to it." James Ferguson, Hiram B. Clawson, and several others, repaired to the office of the Judge when he was absent, and stationing one of the number to watch, they gathered up the records of the courts, first of all, and conveyed them to a fire-and-burglar-proof-safe, belonging to Young, and under the control of Clawson, who was his confidential clerk and son-in-law.

Having deposited them safely, they returned, and taking some of the Judge's papers, tore them in pieces, and scattered them over the floor, and in the direction of an outhouse. About the same time a large number of the law books found their way into the houses of certain Mormon lawyers, where they have ever since remained. They then took some of the books from the office, and placed them in the outhouse, set fire to the building, and burned it to the ground.

When Judge Stiles returned he found the office robbed, and the books and papers, as he supposed, burned.

Thus all business was suspended, and the records of the United States Courts and government property burned and stolen from the custody of the legal authorities.

Judge Stiles left Utah in the spring of 1857, and when in Washington, made affidavit to the foregoing facts. It may be well here to state that Judge S. was entirely conscientious in making his affidavit, and the prevailing impression in the community was that the records had been destroyed.

In the summer of 1855 W. W. Drummond, of Illinois, arrived in Utah, as Associate Justice of the Supreme Court. The Mormons allege that he deserted his wife, and brought with him a mistress. This caused much righteous indignation among the saints! The Judge also professed to be a warm friend and advocate of Senator Douglas, whom the Mormons hate.

When Drummond was about to hold court, he intimated that he would set aside all judgments rendered by probate Judges, and annul all their proceedings, except such as pertained to the usual and legitimate business of the probate courts. Here was a direct issue, and a conflict was inevitable.

The court being about to be held in Fillmore, a Jew was hired for $25 to quarrel with Drummond. As a part of the programme, also, he was to strike the Judge. The Jew played his part, except the blow, which, for want of opportunity or courage, was omitted. Instead of this he sent to the Judge an insulting message, by the hands of a colored "boy" belonging to Drummond. The boy was sent back with a raw hide, and instructions to "lay on" the same to the back of the Israelite, which Cuffy obeyed with much spirit. Complaint was made by the Jew to a local magistrate. A warrant was issued, and Drummond and his negro were both arrested.

The result of this émeute was a sort of compromise, in which it was understood that the Judge should not interfere with the probate courts, and he was set at liberty.

After adjourning his court at Fillmore, Drummond located in Utah County in the winter of 1856. The following summer he went to Carson to hold court for Judge Stiles. Thence he proceeded to California and to the States, and as the Mormons allege "contributed largely to the getting up of Buchanan's crusade."

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