* Tullidge"s "History of Salt Lake City," p. 206.

On the Sunday after his arrival Young introduced Governor c.u.mming to the people in the Tabernacle, and then a remarkable scene ensued. Stenhouse says that the proceedings were all arranged in advance. c.u.mming was acting the part of the vigilant defender of the laws, and at the same time as conciliator, doing what his authority would permit to keep the Mormon leaders free from the presence of troops and from the jurisdiction of federal judges. But he was not all-powerful in this respect. General Johnston had orders that would allow him to dispose of his forces without obedience to the governor, and the governor could not quash the indictments found by Judge Eckles"s grand jury. Young"s knowledge of this made him cautious in his reliance on Governor Gumming.

Then, too, Young had his own people to deal with, and he would lose caste with them if he made a surrender which left Mormondom practically in federal control.

When Governor c.u.mming was introduced to the congregation of nearly four thousand people he made a very conciliatory address, in which, however, according to his report to Secretary Ca.s.s,* he let them know that he had come to vindicate the national sovereignty, "and to exact an unconditional submission on their part to the dictates of the law"; but informed them that they were ent.i.tled to trial by their peers,--intending to mean Mormon peers,--that he had no intention of stationing the army near their settlements, or of using a military posse until other means of arrest had failed. After this practical surrender of authority, the governor called for expressions of opinion from the audience, and he got them. That audience had been nurtured for years on the oratory of Young and Kimball and Grant, and had seen Judge Brocchus vilified by the head of the church in the same building; and the responses to Governor c.u.mming"s invitation were of a kind to make an Eastern Gentile quail, especially one like the innocent c.u.mming, who thought them "a people who habitually exercised great self-control."

One speaker went into a review of Mormon wrongs since the tarring of the prophet in Ohio, holding the federal government responsible, and naming as the crowning outrage the sending of a Missourian to govern them. This was too much for c.u.mming, and he called out, "I am a Georgian, sir, a Georgian." The congregation gave the governor the lie to his face, telling him that they would not believe that he was their friend until he sent the soldiers back. "It was a perfect bedlam," says an eyewitness, "and gross personal remarks were made. One man said, "You"re nothing but an office seeker." The governor replied that he obtained his appointment honorably and had not solicited it."** If all this was a piece of acting arranged by Young to show his flock that he was making no abject surrender, it was well done.***

* Ex. Doc. No. 67, 1st Session, 35th Congress.

** Coverdale"s statement in Camp Scott letter, June 4, 1858, to New York Herald.

*** "Brigham was seated beside the governor on the platform, and tried to control the unruly spirits. Governor c.u.mming may for the moment have been deceived by this apparent division among the Mormons, but three years later he told the author that it was all of a piece with the incidents of his pa.s.sage through Echo canyon. In his characteristic brusque way he said: "It was all humbug, sir, all humbug; but never mind; it is all over now. If it did them good, it did not hurt me.""--"Rocky Mountain Saints," p. 393.

Young"s remarks on March 21 had been having their effect while c.u.mming was negotiating, and an exodus from the northern settlements was under way which only needed to be augmented by a movement from the valley to make good Young"s declaration that they would leave their part of the territory a desert. No official order for this movement had been published, but whatever direction was given was sufficient. Peace Commissioners Powell and McCullough, in a report to the Secretary of War dated July 3, 1858, said on this subject: "We were informed by various (discontented) Mormons, who lived in the settlements north of Provo, that they had been forced to leave their homes and go to the southern part of the Territory.... We were also informed that at least one-third of the persons who had removed from their homes were compelled to do so. We were told that many were dissatisfied with the Mormon church, and would leave it whenever they could with safety to themselves. We are of opinion that the leaders of the Mormon church congregated the people in order to exercise more immediate control over them." Not only were houses deserted, but growing crops were left and heavier household articles abandoned, and the roads leading to the south and through Salt Lake City were crowded day by day with loaded wagons, their owners--even the women, often shoeless trudging along and driving their animals before them. These refugees were, a little later, joined by Young and most of his a.s.sociates, and by a large part of the inhabitants of Salt Lake City itself. It was estimated by the army officers at the time that 25,000 of a total population of 45,000 in the Territory, took part in this movement. When they abandoned their houses they left them tinder boxes which only needed the word of command, when the troops advanced, to begin a general conflagration. By June 1 the refugees were collected on the western sh.o.r.e of Utah Lake, fifty miles south of Salt Lake City.

What a picture of discomfort and positive suffering this settlement presented can be partly imagined. The town of Provo near by could accommodate but a few of the new-comers, and for dwellings the rest had recourse to covered wagons, dugouts, cabins of logs, and shanties of boards--anything that offered any protection. There was a lack of food, and it was the old life of the plains again, without the daily variety presented when the trains were moving.

In his report to Secretary Ca.s.s, dated May 2, Governor c.u.mming, after describing this exodus as a matter of great concern, said:--

"I shall follow these people and try to rally them. Our military force could overwhelm most of these poor people, involving men, women, and children in a common fate; but there are among the Mormons many brave men accustomed to arms and horses, men who could fight desperately as guerillas; and, if the settlements are destroyed, will subject the country to an expensive and protracted war, without any compensating results. They will, I am sure, submit to "trial by their peers," but they will not brook the idea of trial by "juries" composed of "teamsters and followers of the camp," nor any army encamped in their cities or dense settlements."

What kind of justice their idea of "trial by their peers" meant was disclosed in the judicial history of the next few years. This report, which also recited the insults the governor had received in the Tabernacle, was sent to Congress on June 10 by President Buchanan, with a special message, setting forth that he had reason to believe that "our difficulties with the territory have terminated, and the reign of the const.i.tution and laws been restored," and saying that there was no longer any use of calling out the authorized regiments of volunteers.

CHAPTER XV. -- THE PEACE COMMISSION

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

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

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

The commissioners set out from Fort Leavenworth on April 25, travelling in ambulances, their party consisting of themselves, five soldiers, five armed teamsters, and a wagon master. They arrived at Camp Scott on May 29, the reenforcements for the troops following them. The publication of the President"s proclamation was a great surprise to the military.

"There was none of the bloodthirsty excitement in the camp which was reported in the States to have prevailed there," says Colonel Brown, "but there was a feeling of infinite chagrin, a consciousness that the expedition was only a p.a.w.n on Mr. Buchanan"s political chessboard; and reproaches against his folly were as frequent as they were vehement."*

* Atlantic Monthly, April, 1859.

The commissioners were not long in discovering the untrustworthy character of any advices they might receive from Governor c.u.mming.

In their report of June 1 to the Secretary of War, they mentioned his opinion that almost all the military organizations of the territory had been disbanded, adding, "We fear that the leaders of the Mormon people have not given the governor correct information of affairs in the valley." They also declared it to be of the first importance that the army should advance into the valley before the Mormons could burn the gra.s.s or crops, and they gave General Johnston the warmest praise.

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

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

* Sen. Doc., 2d Session, 35th Congress, Vol. II, p. 167.

** Quoted in Tullidge"s "History of Salt Lake City," p. 214.

*** Governor c.u.mming on June 15 despatched a letter to General Johnston saying that he had denied the report of the advance of the army, and that the general was pledged not to advance until he had received communications from the peace commissioners and the governor.

The general replied on the 19th that he did say he would not advance until he heard from the governor, but that this was not a pledge; that his orders from the President were to occupy the territory; that his supplies had arrived earlier than antic.i.p.ated, and that circ.u.mstances required an advance at once.

""Is Brother Dunbar present?" enquired Brigham.

""Yes, sir," responded someone. What was coming now?

""Brother Dunbar, sing Zion." The Scotch songster came forward and sang the soul-stirring lines by C. W. Penrose."*

* See p. 498, ante.

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

"After the meeting, McCullough and Gov. c.u.mming took a stroll together.

"What will you do with such a people?" asked the governor, with a mixture of admiration and concern. "D--n them, I would fight them if I had my way," answered McCullough. "Fight them, would you? You might fight them, but you would never whip them. They would never know when they were whipped.""

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

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

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

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

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

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

"It cannot be concealed, gentlemen, that certain domestic arrangements exist in this territory destructive of the peace, good order, and morals of society--arrangements at variance with those of all enlightened and Christian communities in the world; and, sapping as they do the very foundation of all virtue, honesty, and morality, it is an imperative duty falling upon you as grand jurors diligently to inquire into this evil and make every effort to check its growth.

"There is no law in this territory punishing polygamy, but there is one, however, for the punishment of adultery; and all illegal intercourse between the s.e.xes, if either party have a husband or wife living at the time, is adulterous and punishable by indictment. The law was made to punish the lawless and disobedient, and society is ent.i.tled to the salutary effects of its execution."

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

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

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