The Atlantic Monthly, Volume 03, No. 18, April, 1859

THE UTAH EXPEDITION: ITS CAUSES AND CONSEQUENCES

[Continued.]

In the mean while Congress had assembled. The agitation on the subject of Slavery, far from being suppressed, or even overshadowed, burned more fiercely than ever before. The Pro-slavery faction in Kansas, stimulated by the constant support of the National Administration, was engaged in a final effort to maintain a supremacy over the affairs of that Territory which the current of immigration from the Free States had been steadily undermining. Against the will of nine-tenths of the population, it had framed, with a show of technical legality, a Constitution intended to perpetuate Slavery, which the Administration indorsed and presented to Congress with an urgent recommendation for the admission under it of Kansas as a State. In the commotion which these events excited throughout the country, the transient gleam of importance which had attached to the Mormon War was almost extinguished. The people of the States no longer felt a much more vital interest in news from that remote region than in tidings from the rebellion in India or of the wars in China. Their attention, sympathies, and curiosity—were all fastened upon the action of Congress with respect to Kansas,—for therein, it was believed, were contained the germs of the political combinations for the Presidential election of 1860. The same listlessness with regard to affairs in Utah pervaded the Cabinet. All its prestige was staked on the result of the impending struggle in the House of Representatives over the Lecompton Constitution, and its energies were abstracted from every other subject, to be concentrated upon that alone.

Just at this time, Mr. Thomas L. Kane, of Pennsylvania,—son of the late Judge of the United States District Court for that State, and brother of the late Dr. Kane, the Arctic explorer,—solicited the Administration for employment as a mediator between the Mormons and the Federal Government. Mr. Kane was one of the few persons of education and social standing who were well acquainted with Mormon history. He had visited them at Winter Quarters, in Iowa, during their exodus from Nauvoo, in the capacity of a commissioner to enlist the Mormon battalion which served in the Mexican War. During an illness which attacked him there, he was treated with an unremitting kindness, for which his gratitude has been proportionate. Belonging to a family whose members have been distinguished by strong traits of individuality, not to say eccentricity, from that moment forward he displayed a practical interest in the welfare of the sect. It is said that he became a convert to the religious doctrines of Mormonism. Whether this be true at all, and, if so, to what extent, it would he profitless at the present time to inquire. For the purposes of this narrative, it is sufficient to assert only, what is unchallenged, that he was a sincere admirer of the Mormons as a people, and for a long series of years had defended them from every reproach with a zeal which many of his friends thought inordinate.

Its experience in Kansas had familiarized the Cabinet with the use of secret agents; but, nevertheless, the proposition of Mr. Kane was coldly received. After a brief correspondence, he started for California, in no capacity a representative of the government, if he himself is to be believed, but bearing letters from Mr. Buchanan indorsing his character as a gentleman, and exhorting Federal officials to render him such courtesies as were within their power. Having arrived at San Francisco, he journeyed southward to the lately abandoned Mormon settlement of San Bernardino, near Los Angeles, travelling under the assumed name of Osborne, and proclaiming his business to be the collection of specimens for an entomological society in Philadelphia. There his real name and purpose were detected, but he succeeded in obtaining transportation to Salt Lake City, where he arrived on the 25th of February, 1858, and was greeted by Young and Kimball, and the rest of the Mormon magnates, as an old and cherished friend.

In the Annual Message of the President to Congress, his disposition to make every other issue subordinate to that of admitting Kansas under the Lecompton Constitution was manifest; and it influenced the tone of those paragraphs which treated of affairs in Utah. Notwithstanding the fact that the Mormons had committed every act of warfare against the United States short of taking life, Mr. Buchanan qualified his language concerning their conduct, stating, that, "unless Brigham Young should retrace his steps, the Territory of Utah will be in a state of open rebellion," but declining to accept the logical inference from his own expression, that the rebellion was at the time open and manifest. He recommended no further legislation concerning the matter than that four regiments should be added to the army, to supply the place of those which had been withdrawn from service in the East.

It was evident that the purpose for which he had originally planned the expedition had failed. Forced, after all, no less by inclination than by circumstances, into such a revival of Slavery agitation as he had never contemplated during the interval between his election and inauguration, the Utah War only incumbered his administration, promoting neither its policy nor its prosperity. However it might result, it would not in the least advance his interests; and it became his opinion, that, the sooner it was quieted, the better for the welfare of the Democratic party, which would be held responsible by the country for all mistakes in its management. "After us the deluge," seemed to be adopted as the motto of the entire policy of the Administration.

The only movement in Congress concerning Utah, before the New Year, was the introduction into the House of Representatives, by Mr. Warren of Arkansas, of a badly-worded resolution, prefaced by a worse-worded preamble, looking to the expulsion from the floor of Mr. Bernhisel, the Mormon delegate from the Territory. A lively discussion ensued concerning the question of privilege under which Mr. Warren claimed the right to introduce the resolution,—and when it was ruled in order, much hesitation was evinced about adopting it, some members fearing that it would establish a dangerous precedent for emergencies that might arise in the future history of the country. The tone of debate showed that there was little difference of opinion in the House concerning Utah affairs,—the unanimity, however, being due in great part to ignorance and indifference. The issue of Slavery in Kansas was absorbing. Mr. Warren's resolution was referred to the Committee on Territories, and slumbered upon their table through the whole session. The only other movement in Congress, which deserves mention in this connection, was the introduction, towards the close of January, by Senator Wilson of Massachusetts, of a joint resolution authorizing the appointment of commissioners to examine into the Mormon difficulties, "with a view to their adjustment." This was referred by the Senate to the Committee on Military Affairs, and was never heard of again.

The recommendation of the President for an increase of the army secured favorable consideration from committees of both Houses, and the discussion which ensued, upon the bills reported for that purpose, was filled with allusions to the Utah question. Mr. Thompson of New York, and Mr. Boyce of South Carolina, both made elaborate speeches on the subject; but neither of them proposed any scheme for its solution. Such a scheme, however, was suggested by Mr. Blair of Missouri, who advised a reorganization of the Territorial government, in order to vest the legislative power in the Governor and the Judges, for which a precedent existed in the instance of the old Northwestern Territory; but no action was had upon this suggestion. Through the entire debate, Mr. Bernhisel remained silent. During the winter, the President conferred upon Colonel Johnston the brevet rank of Brigadier-General, believing that the uniform discretion he had manifested entitled him to promotion; and the nomination was confirmed by the Senate.

While such were the transactions in Congress, the Mormons, in December, had organized a government like that under which they had hitherto subsisted. Their legislature—the same which had been elected under the Organic Act of the Territory—met at Salt Lake City on the second Monday of that month, in the hall of the Council House, and organized by the choice of Heber C. Kimball as President of the Council and John Taylor as Speaker of the House. Brigham Young retained the title and authority of Governor, and addressed to the legislature the customary annual message, reviewing the condition of the Territory. This document was prepared in reality by Taylor, and was worded with considerable ingenuity. Not the slightest allusion was made to the declarations of independence that had been reiterated throughout the summer and autumn, but the relations of Utah to the United States were discussed as those of a Territory to the Union. The President was himself charged with treason in his action towards the Mormons, the Governor and Judges whom he had appointed were reviled as depraved and abandoned men, and the army was again proclaimed a mob,—while Utah was lauded as the "most loyal Territory known since the days of the Revolution." The theory of Squatter-Sovereignty was the basis of the argument, and Mr. Buchanan was accused, and with some reason, of inconsistency in his application of that doctrine.

In response to this message, the legislature passed a series of resolutions, pledging itself to sustain "His Excellency Governor Young" in every act he might perform or dictate "for the protection of the lives, peace, and prosperity of the people of the Territory,"—asserting that the President had incurred the "contempt and decided opposition of all good men," on account of the "act of usurped authority and oppression" of which he was guilty, in "forcing profane, drunken, and otherwise corrupt officials upon Utah at the point of the bayonet,"—expressing a determination to "continue to resist any attempt on the part of the Administration to bring the people into a state of vassalage by appointing, contrary to the Constitution, officers whom the people have neither voice nor vote in electing,"—avowing the purpose not to suffer "any persons appointed to office for Utah by the Administration either to qualify for, or assume, or discharge, within the limits of the Territory, the functions of the offices to which they have been appointed; so long as the Territory is menaced by an invading army,"—and declaring that the people of Utah would have their voice in the selection of their officers. These were sweet-scented blossoms to blow so early on the tree of Squatter-Sovereignty, at that time scarcely four years old!

The only acts of the legislature were one disorganizing the County of Green River, in which the army was encamped, and attaching it for legislative and judicial purposes to Great Salt Lake County; another divesting the Governor of power to license the manufacture of ardent spirits, and conferring that authority upon the President of the Church of Jesus Christ of Latter-Day Saints; and several others in pursuance of the system of granting away large tracts of public domain to private persons, in direct contravention of a clause in the Organic Act of the Territory, which provides that "no law shall be passed interfering with the primary disposal of the soil." To these acts Brigham Young attached his signature as Governor, and affixed the Territorial seal.

A Memorial to Congress was adopted also, which was transmitted to Washington, and received there and laid before the two Houses on the 16th of March. This document charged that the action of the National Government towards Utah was based upon the statements of "lying officials and anonymous letter-writers"; it rehearsed the history of the Mormons,—their persecutions in Missouri and Illinois,—and declared that the object of the Utah expedition was to inflict similar outrages. "Give us our constitutional rights," it said; "they are all we ask; and them we have a right to expect. For them we contend, and feel justified in so doing. We claim that we should have the privilege, as we have the constitutional right, to choose our own rulers and make our own laws without let or hindrance." Although this Memorial was nothing more than an infuriated tirade, it was honored in both Houses by reference to the Committees on Territories, from which it received all the consideration it deserved.

Indifferent and inactive as this review shows Congress and the President to have been concerning Utah, a similar apathy was impossible in the War Department. Not only the welfare, but the lives even, of the troops at Fort Bridger, depended on its action. Transactions of such magnitude had not been incumbent on its bureaus since the Mexican War. The chief anxiety of General Johnston was for the transmission of supplies from the East as early as possible in the spring. The contractors for their transportation during the year 1857 had wintered several trains at Fort Laramie, together with oxen and teamsters. The General entertained a fear that so great a proportion of their stock might perish during the winter as to cripple their advance until fresh animals could be obtained from the States. Combined with this fear was an apprehension for the safety of Captain Marcy. A prisoner, whom the Mormons had captured in October on Ham's Fork, escaped from Salt Lake City at the close of December, and brought news to Camp Scott that they intended to fit out an expedition to intercept the command and stampede the herds with which that officer would move from New Mexico. The dispatches in which these anxieties were communicated to General Scott, together with suggestions for their relief, were intrusted in midwinter to a small party for conveyance to the States. The journey taught them what must have been the sufferings of the expedition which Captain Marcy led to Taos. Reduced at one time to buffalo-tallow and coffee for sustenance, there was not a day during the transit across the mountains when any stronger barrier than the lives of a few half-starved mules interposed between them and death by famine. All along the route lay memorials of the march of the army, and especially of Colonel Cooke's battalion,—a trail of skeletons a thousand miles in length, gnawed bare by the wolves and bleaching in the snow, visible at every undulation in the drifts.

But before the arrival of these dispatches at New York, the arrangements of the War Department to forward supplies to Utah had been completed. The representations of the contractors' agents with regard to the condition of the cattle at Fort Laramie were received without question, and Brevet Lieutenant-Colonel Hoffmann, of the Sixth Infantry, was dispatched to that post to superintend the advance of the trains. Additional contracts, of an unprecedented character, were entered into for furnishing and transporting all the supplies which would be needed during the year 1858, both for the troops already in the Territory and for the reinforcements which were ordered to concentrate at Fort Leavenworth and march to Utah as soon as the roads should be passable. These reinforcements were about three thousand strong, comprising the First Cavalry, the Sixth and Seventh Infantry, and two artillery-batteries. The trains necessary for so large a force, in addition to that at Fort Bridger, it was estimated would comprise at least forty-five hundred wagons, requiring more than fifty thousand oxen, four thousand mules, and five thousand teamsters, wagon-masters, and other employés. To the shame of the Administration, these gigantic contracts, involving an amount of more than six million dollars, were distributed with a view to influence votes in the House of Representatives upon the Lecompton Bill. Some of the lesser ones, such as those for furnishing mules, dragoon-horses, and forage, were granted arbitrarily to relatives or friends of members who were wavering upon that question. The principal contract, that for the transportation of all the supplies, involving, for the year 1858, the amount of four millions and a half, was granted, without advertisement or subdivision, to a firm in Western Missouri, whose members had distinguished themselves in the effort to make Kansas a Slave State, and now contributed liberally to defray the election-expenses of the Democratic party.

It was said to have been contemplated, for a while, during the winter, to operate against the Mormons from California, and to send General Scott to San Francisco to direct arrangements for the purpose; but the project, if ever seriously entertained, was soon abandoned, it being evident that for the speedy subjugation of Utah the Missouri frontier furnished the only practicable base-line of operations.

At Camp Scott, the winter dragged along wearily. Between November and March only two mails arrived there, and the great monetary crisis in the United States was unknown till months after it had subsided. The Mormons were constantly in possession of later intelligence from the States than the army; for, by a strange inconsistency, their mails to and from California were not interfered with. A brigade-guard was mounted daily at the camp larger than that of the whole American army on the eve of the battles before Mexico, and scouting parties were continually dispatched to scour the country in a circuit of thirty miles around Fort Bridger; for there was constant apprehension of an attempt by the Mormons to stampede the herds on Henry's Fork, if not to attack the regiment which guarded them. No tidings arrived from Captain Marcy, and a most painful apprehension prevailed as to his fate. At the close of January, Dr. Hurt, the Indian Agent, after consultation with General Johnston, started from the camp, accompanied only by four Pah-Utahs, and crossed the Uinta Mountains, through snow drifted twenty feet deep, to the villages of the tribe of Uinta-Utahs, on the river of the same name. It was his intention, in case of need, to employ these Indians to warn Captain Marcy of danger and afford him relief. It proved to be unnecessary to do so, and Dr. Hurt returned in April; but the hardships he endured in the undertaking resulted in an illness which threatened his life for weeks. On the 13th of March, an express had come in from New Mexico, bringing news of the safe arrival of Captain Marcy at Taos on the 22d of January. The sufferings of his whole party from cold and hunger had been severe. Their provisions failed them, and they had recourse to mule-meat. Many of the men were badly frost-bitten, but only one perished on the journey.

On the previous evening,—March 12th,—the monotony of the camp had been unexpectedly disturbed by the arrival, from the direction of Salt Lake City, of a horseman completely exhausted by fatigue and cold, who proved to be no other than Mr. Kane, whose mission to the Mormons by way of California was at that time totally unknown to the army. The next morning he introduced himself to the Governor, was received as his guest, and remained in conference with him throughout the day. What was the character of their communication is unknown, except by inference from its results. When presented to Judge Eckels, on the following day, Mr. Kane exhibited to him the letters he bore from the President, and other letters, also, from Brigham Young, accrediting him as a negotiator in the existing difficulties. To General Johnston he showed nothing; nor did the Governor, to the knowledge of the camp, acquaint either that officer or any other person with the purport of his business. It was evident to everybody, however, that the Mormon leaders, conscious of their inability to resist the force by which they would be assailed so soon as the snow should melt upon the mountains, were engaged in an effort, of which Mr. Kane was the agent, to secure through the Governor, if possible, indemnity for their past offences, in consideration of acknowledgment of his authority.

The domestic condition of the people of the Valley confirmed the belief that this was the purpose of Mr. Kane's mission. Dependent as they had always been, since their settlement in Utah, upon Eastern merchants for an annual supply of groceries, dry goods, wearing-apparel of all descriptions, and every article of luxury, their stock of some of even the necessaries of life—such as coffee, tea, sugar, tobacco, calicoes, boots and shoes, stationery—was at this time nearly exhausted. Many of the poorer families were actually half naked, and, to supply them with covering, an ecclesiastical mandate had been issued, directing all persons who had spare clothing of any description to deposit it at the tithing-office in Salt Lake City, to be there exchanged for grain and cattle with those who were in need.

At the commencement of the rebellion, the Mormon settlements in Southern California had been broken up, and all the missionaries of the Church were summoned to return from foreign lands. The influx of population from these sources, though slight, yet increased the destitution. Almost all the people, too, had been withdrawn from productive employments throughout the autumn and winter. Although the number of militia kept under arms, after the formation of the camp at Fort Bridger, probably at no time reached fifteen hundred, while in October and November it had exceeded three thousand, still the fever of excitement which raged through the community distracted its members from any hearty labor. Great quantities of winter-wheat, to be sure, had been sown, and the fields were prepared for cultivation during the coming summer; but no public improvements were prosecuted, and everybody was prepared for such an exodus as had been predicted to Captain Van Vliet.

The complete subserviency of the people to the hierarchy was never more strikingly manifest than in a financial scheme which Brigham Young devised at this time. Among the Mormons there had always been a quantity of gold coin in circulation, much exceeding, in proportion to their number, the amount circulating in any other portion of America. This was owing to the fact, that the Church had unconstitutionally arrogated to itself the prerogative of coining and regulating the value of money. The Mormon battalion which had been enlisted at Winter Quarters in Iowa was disbanded in California at the close of the Mexican War, and most of its members went to the gold-diggings. The treasures they there accumulated were conveyed to Utah, where the Church established a mint and coined gold pieces of $2.50, $5, $10, and $20. The device on the obverse was two hands clasped in one of the grips of the Endowment; on the reverse, a figure from the Book of Mormon, with the motto, "Holiness to the Lord." The intrinsic value of these coins being more than ten per cent less than their denominations, they were all retained within the Territory. Young now prevailed upon his people to surrender whatever gold and silver they possessed, amounting to several hundred thousand dollars, and accept in return the notes of a banking association of which he himself was president and one of his numerous sons-in-law cashier. These notes were redeemable, in amounts of not less than one hundred dollars, in live stock, the appraisement of the value of which rested with the officers of the association. So absolute was the degradation and ignorance of the population, that they submitted to this extortion without a murmur.

Mr. Kane had remained in Salt Lake City eight days before starting towards Fort Bridger,—a period quite long enough for a trusted friend of the Mormon leaders to ascertain the extremities to which the people were reduced. To secure the safety of those leaders who were under indictment for treason, there was no choice except between flight and inducing the Federal authorities to temporize. Both he and they were conscious that the advance of the army could not be successfully resisted, when the snow should cease to bar its way. In case of the flight of the leaders, or of a general exodus of the population, only two courses lay open to them,—northward toward the British Possessions, southward toward the provinces of Upper Mexico.

The first two days of Mr. Kane's sojourn in camp satisfied him of the cooperation of Governor Cumming in a plan for temporizing, as well as of the impossibility of enlisting General Johnston or Judge Eckels in any such scheme. An imaginary affront, to which he believed himself at this time to have been subjected by the General, led him into a course of action which, had it been followed out, might have terminated his mission abruptly. Considering the fact that he was within the guard-lines of a military encampment, in a country where a state of warfare existed, it was perhaps too great forbearance on the part of the General not to have required to be informed of his business, since he himself volunteered no explanation. An invitation to dinner being dispatched to him from head-quarters,—and such an invitation was no slight compliment in a camp where the rations were so abridged,—the orderly to whom it was intrusted for delivery, whether maliciously or not it does not appear, pretended to have mistaken his directions, and proceeded to place him under arrest. The mistake, when discovered, was of course immediately rectified; but Mr. Kane became so excited in consequence, that, with the assent of the Governor, he indited a challenge to the General, and applied to a gentleman from Virginia to act as his second. Having received a decided rebuff in that quarter, he was induced to abandon the design by the interposition of Judge Eckels, who became acquainted with what was passing, and informed the Governor that he had ordered the United States Marshal to arrest all the parties concerned, in case another step should be taken in the affair. It was not till some time afterwards that these transactions came to the knowledge of General Johnston.

Mr. Kane remained with the Governor until April, absenting himself once, however, for a day, in order to hold a secret interview with a party of Mormons who had come into the vicinity of the camp. Notwithstanding his presence, no precaution to protect the herds was neglected, nor was the guard-duty at all relaxed. On the 18th of March, although a furious snow-storm raged all day long, the encampment was moved down Black's Fork to the immediate neighborhood of Fort Bridger,—a spot less sheltered, but far more secure from attack. On the 3d of April, an event occurred for which everybody was prepared. The Governor announced to General Johnston his intention to proceed to Salt Lake City in company with Mr. Kane; and on the 5th, they started upon the journey.

The District Court commenced its spring term at Fort Bridger the same day. In his charge to the grand jury, Judge Eckels was explicit on the subject of polygamy, instructing them substantially as follows: That among the Territorial statutes there was no act legalizing polygamy, nor any act affixing a definite punishment to that practice as such; that, consequently, whether the old Spanish law or the Common Law constituted the basis of jurisprudence in the Territory, the definition of marriage recognized by both was to be received there, which limited that institution to the union of one man with one woman, and also the definition of adultery common to both, by which that crime consisted in the cohabitation of either the man or the woman with a third party; that among the Territorial statutes there was an act affixing a definite punishment to adultery, and accordingly that it was the duty of the grand jury to inquire whether that act had been infringed by parties liable to their inquisition.⁸ No indictment, however, was returned for the offence; neither were any proceedings had upon the indictments for treason. The business of the court was restricted to such crimes as larceny, and assault and battery, among the heterogeneous mass of camp-followers.

At the distance of a few miles from Fort Bridger, the Governor and Mr. Kane were received by a Mormon guard. At various points on their journey squads of militia were encountered, and in Echo Cañon there was a command of several hundred. The Big Mountain, which the road crosses twenty miles from Salt Lake City, was covered so deep with snow, that the party was obliged to follow the cañons of the Weber River into the Valley. Upon arriving at the city, on the 12th of April, the Governor was installed in the house of a Mr. Staines, one of the adopted sons of Brigham Young, and was soon after waited upon by Young himself, in company with numerous ecclesiastical dignitaries. The Territorial seal was tendered to him, and he was recognized to his full satisfaction in his official capacity. He remained more than three weeks. Except fugitive statements in newspapers, the only connected account of his proceedings is from his own pen, and consists of two official letters,—one addressed to General Johnston, under date of April 15th, the other to the Secretary of State at Washington, dated May 2d. The former merely announces his arrival, reception, and recognition, transmits charges against Dr. Hurt, of having excited the Uinta Indians to acts of hostility against the Mormons, and suggests that he should desire a detachment of the army to be dispatched to chastise that tribe, but a requisition for that purpose was made neither then nor subsequently. The letter to Secretary Cass states that his time was devoted to examining the public property of the United States which was in the city,—the records of the courts, the Territorial library, the maps and minutes of the Surveyor General,—and exculpates the Mormons, in great part, from the charge of having injured or embezzled it.