Chapter 6 POLITICAL HISTORY CONTINUED. No.6

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 pre?minent 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.

"Yesterday Col. Connor rode into the city, and called on Judge Waite at his residence, and made a stay of perhaps an hour or so. Immediately after his departure, a signal of distress was hastily thrown to the breeze, from a small flag-staff on Brigham's 'Lion House.' . . . . Immediately a commotion was seen, and soon armed men began to pour along the different streets, and the report was carried, as on the wings of lightning, to the uttermost parts of the city, that an order was being made out for the arrest of Brigham and his counsellors, and that Col. Connor had been down to make arrangements for enforcing the writ. Men with muskets and rifles,-some few with antiquated swords,-of all ages, from the brawny youth to the old white-haired sexagenarian, came pouring along, singly and in groups, by twos, by threes, and the half-dozen or more, pressing hurriedly on towards Brigham's premises, zealous, and ready to yield up life, if need be, in defence of the 'Prophet of the Lord.' Altogether some two thousand 'citizen soldiery' collected, and stood guard during the watches of the night, over the beloved Brigham and his harem. Verily, 'The wicked flee when no man pursueth.'"

That Brigham really feared arrest at this time, and believed that a movement was on foot for that purpose, is evident from the following, taken from the "Latter Day Saints' Millennial Star," published in London. It is a portion of a letter written for that magazine by David O. Calder, a clerk in the tithing-office:-

"America. Great Salt Lake City, March 13th, 1863.

"President G. Q. Cannon:

"Dear Brother,-You of course have learned through the New York press of our 'expected collision between the military and citizens of Utah,' and will learn through Capt. Hooper, (he being just informed by telegraph to write to you,) that comparative peace is restored. I shall now give you some details of the trouble.

"As you are aware, we have been of the opinion that the mission of the troops despatched from California last year was not altogether to be confined to the guarding of the mail and telegraph lines, and the protection of the California emigration, and consequently have been watchful of their proceedings; the more so, that they made their winter-quarters within the city limits, and on one of the most commanding benches above the city, instead of being distributed at the several posts along the line of travel.

"We also have been made acquainted with the doings of Governor Harding, and Judges Waite and Drake; that they were corresponding with the authorities at Washington, and moving everything that could be moved to bring the army here in contact with the people, and to have the War Department send on two or three thousand more troops.

"These and other movements compelled the citizens to be on their guard, and prepared for any emergency. On Monday last, a reliable person overheard Colonel Connor and Judge Waite in conversation. The Colonel says, 'These three men must be surprised.' The Judge replied, 'Colonel, you know your duty.' In half an hour after, from a signal given, which was previously understood, about one thousand citizens were armed, and on duty, and in another half hour another thousand men were on duty. This sudden demonstration proved to them that their secret was known, and that we were fully prepared for them. In the mean time our 'outside' friends in this city telegraphed to those interested in the mail and telegraph lines, that they must work for the removal of the troops, Governor Harding, Judges Waite and Drake, else there would be difficulty, and the mail and telegraph lines would be destroyed. Their moneyed interest has given them great energy in our behalf. They have placed their line at the disposal of President Young, to be used to Washington, or New York. We fully expect the Colonel, Governor, and Judges will be recalled."

Here, it will be noticed, is the same covert threat contained in Brigham Young's speech, that the mail and telegraph lines would be destroyed, if the federal officers should be retained at their posts. It is to be regretted that this standing menace should so far have had its effect, as to induce the President, some two or three months afterward, to recall Governor Harding from his position. It is true, by transferring him to the Chief Justiceship of Colorado Territory, his removal was disconnected with any censure of his administration. It still remained, however, a substantial yielding to the arbitrary demands of Brigham Young, and as such, had a direct tendency to encourage him in his lawless proceedings, and to postpone for years the solution of the Utah problem.

Judges Waite and Drake had, immediately after the demonstration of the 3d of March, written to the President, giving it as their opinion that the laws were nugatory, and the Organic Act entirely inoperative in the Territory, and declining to hold any terms of the District Court in their respective districts until they should be properly supported by the military power of the Government; at the same time giving it as their opinion, that such a support should be at least five thousand men, well armed, equipped, and provided.

The failure to furnish this force, and the subsequent change in the governorship of the Territory, satisfied them that the Government was not then prepared to meet the questions which had arisen in such a manner as the dignity and honor of the nation required, and accordingly all effort to further counteract the evil effects of this intolerant theocracy were, for the time, abandoned.

Judge Waite, after holding, with his associates, in July, 1863, a term of the Supreme Court, at which there was not a single case on the docket, left the Territory in disgust, and established himself in the practice of his profession in Idaho City, Idaho Territory. He resigned his office, and was succeeded, in the spring of 1864, by Judge McCurdy, the present incumbent.

Governor Harding was succeeded, in May, 1863, by James Duane Doty, who, at the time of his appointment, was Superintendent of Indian Affairs. Governor Doty is a man of sound judgment, and of large experience in public affairs; and does as well as any man could in his embarrassing position. But his governorship is merely nominal. With the form and semblance, he lacks all the substance of power; and where he should order, he must satisfy himself with request and expostulation.

Judge Drake still remains in Utah, and with all the talent, energy, and experience necessary to fill his position to the great benefit of the people, he is obliged to remain entirely inactive, and goes through the forms of holding court, with scarcely an attempt to administer justice to the whole people, so well persuaded is he that all such attempts are futile in the present condition of affairs.

Gen. Connor also remains, and, considering the small force at his command, has accomplished wonders. By his bold and fearless vindication of the rights and interests of the Government, guided, at the same time, in all his acts by great discretion and moderation, he has compelled some show of respect for the federal authority.

Neither Gen. Connor nor Judge Waite had the slightest intention of arresting Brigham Young at the time alluded to in March, 1863. The astute leader of the Mormons had a spy listening to the conversation of those gentlemen, and the spy aforesaid heard some things, and thought he heard others. He reported to headquarters the supposed result of his discoveries, and it must be admitted that those who had been placed under this insulting espionage took no great pains to correct the impression which prevailed, and which so quickly and so thoroughly developed the disloyal sentiments which the people had imbibed under the infamous teachings of Brigham and his corrupt priests, apostles, and bishops.

Mark the language used by Mr. Calder. "On Monday last, a reliable person overheard," &c. Here the infamous system of espionage maintained over the federal officers by Young, stands plainly confessed. But the fact was well known, and he reaped no great benefit from it.

So thoroughly was he frightened, that, to save himself the ignominy and humiliation of a public and forcible arrest, he went privately to his friend, Chief Justice Kinney, and gave his bonds for his appearance at Kinney's court, to answer to any indictment that might be found against him for polygamy.

The grand jury, of course, found no indictment, and the incident is only worth mentioning as curiously illustrative of the extent to which he was operated on by his fears on that occasion.

A brief notice of the federal officers stationed and residing in Utah, while the writer was living in that Territory, will close the present chapter.

Hon. Stephen S. Harding, who was Governor from the spring of 1862 for about one year, is from Milan, Indiana. He is about fifty years of age; is a sound lawyer, and a man of extraordinary energy and decision of character. These traits are modified, in some degree, by considerable ambition, and great love of approbation. In his administration of Utah affairs, so far as he was governed by this feeling, he labored for the respect and approval of the great body of the American people, rather than of the masses by whom he was immediately surrounded.

That he possesses much personal courage is evidenced by many of his official acts, some of which he had reason to believe would subject him at once to personal danger. The presence of the military in the immediate neighborhood was sufficient to prevent any open outbreak; still there were many ways in which his personal safety might be jeopardized, without subjecting the perpetrators of the acts to punishment.

So well is this understood in Salt Lake, that it requires a high degree of moral courage to enable one to do any act offensive to "the powers that be" in the Holy City.

Every attempt was made to seduce him from the path of duty, not omitting the same appliances which had been brought to bear upon Steptoe and Dawson, but all in vain.

His family remained at Milan, except his son, Attila, who was with the Governor at Salt Lake, and acted as his private secretary.

Hon. James Duane Doty, the successor of Harding, and the present Governor of the Territory, was, for nearly two years previous to receiving the appointment of Governor, Superintendent of Indian Affairs for the Territory. He was appointed to succeed Harding in April or May, 1863.

James Duane Doty, Governor of Utah, was born at Salem, in the County of Washington and State of New York, on the 5th day of November, A. D. 1799, the last year of the last century.

He emigrated to Detroit, Michigan, where he was admitted to the Supreme Court, and settled in the practice of the law in the year 1818, and was one of the earliest emigrants to that State.

The next year he was elected Clerk of the Common Council of the City, and appointed Secretary to the Legislature, which was then composed of the Governor and Judges of the Supreme Court; and was also appointed a Notary Public, and soon afterwards Clerk of the Supreme Court of the Territory by the Judges of that court.

In 1820 he accompanied Governor Cass, as Secretary, in his expedition to the sources of the Mississippi, travelling a distance of over four thousand miles through the Indian Country in a birch-bark canoe, from the 20th of May to the 20th of November.

In this year he revised the laws of the Territory, which were published by the authority of the Legislature.

In 1821 he was admitted an attorney of the Supreme Court of the United States at Washington.

In 1823 the country north of lakes Huron and Michigan, and west of lakes Michigan and Superior, was made by Congress a judicial district, and he was appointed by James Monroe its Judge, with the title of "an additional Judge of the Territory of Michigan." He performed the duties of this office until the year 1832,-having married, and fixed his residence at Green Bay, then the largest settlement in the country north or west of Detroit.

In 1832 he was appointed by the Secretary of War a Commissioner to locate Military Roads from Fort Howard, at Green Bay, to Fort Crawford on Prairie du Chien, and to Fort Dearborn at the mouth of Chicago Creek, now the site of the city of Chicago,-between which points there were then scarcely twenty white inhabitants.

In 1834 and 1835 he served in the Legislative Council of Michigan, having been elected by the voters west of the Lake; and introduced the measure of a State government, which was adopted by the Council.

He contended for the right of the people to form a government for themselves, under the provisions of the Ordinance of 1787.

By this measure a territorial government was obtained for Wisconsin, and a permanent separation from Michigan of the country west of Lake Michigan, which had been attached to that Territory in 1818, when Illinois was admitted into the Union. It had been sought in vain of Congress from the year 1825,-the application having been successfully opposed by the party averse to laying the foundation of new non-slaveholding States.

In 1837 he was elected Delegate to Congress from Wisconsin, and continued to serve in that office by re?lection until the year 1841, when he was appointed Governor and Superintendent of Indian Affairs in that Territory; and as Commissioner held treaties at Oeyoowurah, on Minnesota River, with the Dakotahs, and with the bands of that nation on the Mississippi River.

It was in 1837 that he laid out the town of Madison, and succeeded in making it the seat of government,-one of the most valuable services which he ever rendered that State. It is now considered one of the most beautiful sites for a town. When selected by him there was not a white settler within forty miles, and it was occupied by Winnebago Indians.

He was elected and served as a member of the Convention to form a State Constitution in 1846 for Wisconsin.

In 1849 he was elected in the Third District of Wisconsin a Representative in Congress, and was re?lected in 1851,-serving on several committees. It was during his first term as a member that he was declared an Abolitionist-now no longer a term of reproach-by Father Ritchie and the Southern leaders, because he declined to vote for a repeal of the duty on lead.

In 1861 he was appointed Superintendent of Indian Affairs in the Territory of Utah; and in 1862 was appointed a Commissioner to negotiate treaties with the Shoshonees,-which were held by him in 1863. These were the first treaties ever made by the United States with this nation of Indians.

In May, 1863, he was appointed Governor of the Territory of Utah. During his long public service he has had the acquaintance, and enjoyed the friendship, of most of the eminent men connected with the Government of our country. Of those who were on the stage when he entered public life, it is believed that but one is now living,-Gen. Cass, who was his generous patron in boyhood, and has been his friend during this long period of an eventful life.

He is now believed to be the oldest pioneer living west of Lake Michigan. In the performance of his duties he has traversed the Continent,-having stood on the shores of the Atlantic and Pacific; on the latter of which he reached the point in his westward march, where, when the eye is directed over that vast ocean towards the East Indies, the West appears to terminate and the East begins.

Hon. Thomas J. Drake, Associate Justice, is from Pontiac, Michigan, where he had resided from early manhood. He is now over sixty years of age. He has a thin, wiry frame, dark hair, and a nervous, bilious temperament.

His mind is vigorous and clear, and his virtue and integrity of the old Roman order. Of blameless life and manners, all the shafts of his accusers fall harmless at his feet.

The wrongs and iniquities he has witnessed, added to personal ill-treatment, has engendered an intense hatred of the despots who sit enthroned over the people of Utah, but he has the most kindly feelings toward the great body of the people.

Lacking all adequate power, he is obliged to sit quietly by, and see wrongs perpetrated, which he is utterly unable to redress.

Judge Waite, the Associate of Harding and Drake, was from the State of Illinois, where he had resided since the year 1840.

At the time of his appointment, in February, 1862, he was thirty-eight years of age. He was then living near Chicago, in which city he had resided and practised law since 1853.

Of Chief Justice Kinney mention has already been made. Suffice it to add, he was, in the summer of 1863, elected as Delegate to Congress from Utah, and took his seat the following winter. He doubtless aspires to still higher honors from the same Territory.

Hon. John Titus, who succeeded Kinney, and is the present Chief Justice of the Territory, is somewhat past fifty years of age,-a gentleman of much dignity and urbanity of manners. He is large and well formed, and has an active temperament.

His duties as yet have been exceedingly light, and will probably continue so while he remains in the Territory. The Mormons withhold from him all the cases they can control. He is outspoken against polygamy, making no reserve whatever of his opinions on that question.

Chief Justice Titus was appointed from the Philadelphia bar.

Dr. Frank Fuller was Secretary of the Territory about two years, and was succeeded by Mr. Reed, in the fall of 1863.

Dr. Fuller is from New Hampshire, and a dentist by profession and practice. He was attentive and obliging in his official intercourse with all parties. He is a polished gentleman also in social intercourse.

He was one of the few federal officers in Salt Lake at that time who was so fortunate as never seriously to offend Brigham Young. Doubtless his position brought him less in collision with that gentleman than was the case with other officers. If he saw any difficulties approaching, by a little shrewd management he carefully avoided them. If in thus steering between Scylla and Charybdis he did not always meet the approbation of his fellow-officers, he managed at least to avoid any open differences, and thus kept up the appearance of friendship with all.

He enjoyed for a long time the confidence and apparent respect of Brigham, to a greater degree, perhaps, than Kinney himself.

From Salt Lake he went to San Francisco, where he engaged in dealing in mining stocks.

From the time of Dawson's hasty departure in the fall of 1861, until Governor Harding's arrival in July, 1862, he acted as Governor of the Territory, and his administration gave general satisfaction to the Mormons.

Amos Reed, Esq., who succeeded Dr. Fuller as Secretary in 1863, and who now holds that position, came into the Territory with Governor Doty from Wisconsin.

During the winter of 1863-64, while Governor Doty was absent in Washington, Reed was the acting Governor, and as such evinced a high order of administrative talent. The affairs of the Territory were, during that time, conducted with much discretion and judgment, and so far as was in his power, the rights and interests of all classes were respected.

General P. Edward Connor was born in County Kerry, Ireland, and migrated to the United States, with his parents, at a very early period of life.

Having reached the age of manhood, he enlisted in the regular army of the United States, and served an honorable term, as private, for five years, on the frontier.

At the breaking out of the Mexican War, he raised a company of Texas Volunteers, and as captain, led them with distinguished success and heroism at the battle of Buena Vista. He was mentioned in official dispatches, with high encomiums for bravery. At this battle he was severely wounded, and received a pension from the Government. At the close of the war he settled upon the Pacific coast.

Captain Connor resided in Stockton, California, for ten years, prior to the rebellion, engaged in private business, wherein he attained a handsome competence.

He was married at Stockton, and now has two children living. During his residence in Stockton, Captain Connor took an active interest in military affairs, and commanded a uniform company.

At the breaking out of the present rebellion, he was tendered the appointment of Colonel of the Third Regiment of Infantry, California Volunteers. With the expectation that his regiment was to be sent East, he promptly raised and organized it.

The exigencies of the service, however, required his presence in Utah, and in the summer of 1862 he led the 3d Infantry, and part of the 2d Cavalry, Cal. Vol., across the Plains, in a most successful, though arduous march, and established his camp where it would command the City of the Saints.

Amid the snows and storms of the winter of 1862-63, he planned and prosecuted a successful campaign against hostile Indians, and on the 29th of January, 1863, fought the hard battle of Bear River, defeating and almost annihilating the savages, under the leadership of Bear Hunter and Lehigh.

For the brilliancy of this action, Col. Connor was promoted by the President to be Brigadier-General of United States Volunteers, which rank he now retains.

He is a man of strong common sense, excellent and quick judgment, invincible energy and determination, firmness amounting to obstinacy, and the strictest integrity.

His administration in Utah has been eminently successful. By Brigham Young he is at once hated and feared. He is but little past forty years of age.

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FOOTNOTES:

[97:A] The above embraces all the commissioned officers then stationed at Camp Douglas.

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