[Published on 04/29/20 by Digital Imaging Lab (1142)] It is the responsibility of the researcher to obtain any copyright clearances. Permission to publish material from this/these transcript(s) must be obtained from the Supervisor of Reference Services and/or the L. Tom Perry Special Collection Coordinating Committee. [Notes added by transcribers are in square brackets. Dashes in square brackets indicate unclear words or letters. indicate words the author inserted to a previously written line.] VMSS 792 - Thomas L. Kane correspondence with George Q. Cannon (S3_SS8) Number of Pages: 158 ----- new page (VMSS792_S3_SS8_B15_F17_I1_p001.jpg) Philadelphia, Feby. 17th, 1859. My dear Sir: I called upon the gentleman to-day with whom I had business, but learned that he had gone to Pittsburgh. I saw his assistant, and had a conversation with him that I hope will produce good results. He speaks fairly; I confess, how- ever, that I do not trust to fair words from such sources with the confidence I did a month or two ago. Your remarks about Dr. Johnson's plan of obtaining a good chop at a cheap rate, have struck me as being very appli- cable to the present case. The effect of the "tuppence," will, I am inclined to think, be as perceptible in the quality of the chop, as that ----- new page (VMSS792_S3_SS8_B15_F17_I1_p002.jpg) of the "fourpence" in the other direction. He informs me that, at the request of his senior, the M. Bill article was his. He promises me to do all he can, and desires that I will, from time to time, send him points. Praying for your complete and speedy recovery to perfect health, I remain, Yours truly, Geo. Q. Cannon Col. Thomas S. Kane, Fern Rock. P.S. I open my letter this morning to enclose two clippings from the "Press" of to-day. Feb. 18th, 1859 G. Q. C. ----- new page (VMSS792_S3_SS8_B15_F17_I2_p001.jpg) New York, Sept 13/59. My Dear Sir: When I last wrote I informed you that I expected a young man from England, with whom I thought I might safely entrust the letter you forwarded me for Mr. Young to take; since then, however, Mr. Calkin, who has charge of the British Mission – the Presidency, we term it_ has arrived here from Liverpool, on a short visit to his friends, and from him I learned thtat Mr. Perris has given up the idea of returning at present. I felt much disappointed; and as the letter had already been detained longer than I liked, I thought it best to forward it by mail, directing it under cover to my brother. I regret that it could not go by hand, as you wished, and can only hope that it will go equally safe with those that preceded it through the ----- new page (VMSS792_S3_SS8_B15_F17_I2_p002.jpg) same channel. By a late letter, he informs me that the letters I have sent under cover to him have safely reached their destination. Enclosed I forward you Mr. Greeley's letters to the "Tribune," containing all that has been published about Utah Territory, etc. You prob- ably have seen them are this; but lest you should not, I take the liberty of forwarding them. I returned a few days since from a visit to various branches of our Church throughout New England and New York. My visits I trust have not been unprofitable. The disposition of the most of the people, is to make every effort to emigrate, and I am of the opinion that many will succeed in getting off. In Europe the same feeling prevails; Mr. Calkin says he will be much disappointed if there be less than 5000 through emigrants for Utah from those ----- new page (VMSS792_S3_SS8_B15_F17_I2_p003.jpg) countries this coming Spring; already a com- pany from Switzerland and Italy are on the way, intending to winter in the States and in the Spring push on through. From present indications merchandise is likely to be quite low in the Valley this fall and winter. Large quantities of goods have been offered by new firms, not in the combination, at cost and carriage, much to the chagrin of the monopolists. In consequence of this, goods have fallen wonderfully in price, and as the trains of goods this year are said to be more numerous than ordinary, there is a good prospect of the people getting the control of the market. I hope that yourself and family are all in the enjoyment of good health. It would do me good to see you. May you be blessed continually of the Lord, is ever the desire of Your humble friend, Col. Thomas S. Kane. Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F17_I2_p004.jpg) M. G. W. Cannon Septem. 13. 1859 ----- new page (VMSS792_S3_SS8_B15_F17_I3_p001.jpg) I do not propose to weary you by refering to the old question of jurisdiction of Congress over the Terri the Territories &c. "It is proposed to clothe the Courts of the United States in the Territory Utah such power and authority as will enable them and the other officers of the Terr Territory to enforce the laws of the United States already upon the Statute books." It is a well known fact that the law of the United The United States, before cited in this report, approved July 1st 1862, declaring bigamy to be a criminal offence, and providing for the punishment thereof, while it has remained, ----- new page (VMSS792_S3_SS8_B15_F17_I3_p002.jpg) upon the statute book, now, for nearly eight years, and while it is an admited and avowed fact that the practice of polyga- my has been going on in that Territory ever since and long before the passage of that law, yet there never has been a single conviction for any violation of the law in the Territory;" and "a con- viction is a morral imposibility." The committee solemnly declare, to demonstrate this they deem it unnecessary "to incur the ex- pence of summoning witnesses from the Terri- tory for the purpose of proving by recent ----- new page (VMSS792_S3_SS8_B15_F17_I3_p003.jpg) testimoney (as might be done) that the prac- tice of polygamy goes on in the face of, and in defiance of in defiance of the officers, of the law in the Territory." Thenfollows a letter written by Judge W.W. Drummond, March 30th 1857, wherein he assirts: "that the records, papers &c., of the su- preme court, have been destroyed, by order of of the Church," Whereas Gov. Alfred Cummings upon his arrival in the Territory of the Utah in the spring of 1858 made his official report, wherein he declaired the records and papers, said to have been destroyed, undesturbed. With regard to Mr. Drummonds other as - ----- new page (VMSS792_S3_SS8_B15_F17_I3_p004.jpg) sertions it is only necessary for me to re- fir to Gov. Cummings report and the des- perately wicked character of said Drum- mond mond by the records of Illinois, Washing- ton and Utah. One reason for ex- cusing testimoney of later date is the ex- pence of procuring witnesses from Utah. I am persuaded the evidence examined, by the committee, is strictly exparte. I am at least cognisant of one fact: the deligate of Utah was never asked for his testimoney. I wonder if there is not a motive for thus ----- new page (VMSS792_S3_SS8_B15_F17_I3_p005.jpg) avoiding a direct issue upon the testi- money of any witnesses unless of a certain clique, known to be hostile to that people. "All the information the Committe have been able to obtain from the examination of witnesses and corrispondence with emi- nent gentlemen in the Territory, or from any source whatever, establishes the fact that notwithstanding the law of 1862 upon the statute book, of the country, declaring bigamy or polygamy to be a criminal offence, and provid- ing for its punishment, it is utterly ----- new page (VMSS792_S3_SS8_B15_F17_I3_p006.jpg) impossible for the courts of the Territory, however earnest, energetic and determined they may be to enforce the laws of the United States." Why is this? Is it because the people of the Territory are unwilling to be tried or have resisted in our single instance, the action of an officer of the United States, in the discharge of his duties? It may be said to be imposible to obtain evidence of the statute refired to. If so perhaps the statute is not violated and the people of Utah are adopting the more approved custom, maintaining unfortunate women ----- new page (VMSS792_S3_SS8_B15_F17_I3_p007.jpg) Mr Cannon ----- new page (VMSS792_S3_SS8_B15_F17_I4_p001.jpg) Washington City, D. C. Dec. 25th, 1871. My dear Friend: Capt. Hooper left here on Thursday evening for home. He was deserious that I should go with him; but as I a was expecting letters from home and ^ remittance I thought I had better remain. This morning I received a dispatch from him at Omaha, informing me that he was awaiting me, or to that effect. I have made up my mind to join him, and have so telegraphed him. Lest time should not permit me to stop at your place I think it better to write you, and shall telegraph you from down the road so that you may send a messenger to the train who can carry the letter to you in safety. With this view I shall use a freedom which I should not indulge in under other circumstances. The Captain soon informed me of his position – ----- new page (VMSS792_S3_SS8_B15_F17_I4_p002.jpg) he was in favor of concession as our only escape from the dire evils by which we were threatened; he had fully expressed himself to this effect to all, and that, while he did this on his own authority, he fully believed the people would yield the point in dispute. It was worse than I had supposed. He said that all the talk in the papers upon the subject of admission on that basis he had been the author of. But, I asked, are we to abandon the principle entirely? His reply was, "Until God reveals it unto them as He has unto us." I did not argue; but listened quietly. When my views were sought I showed him the dispatch, and told him that though I did not believe the people would vote for concession, still I did not know what they would do. This last was in reply to his remark that he believed they would concede, for there was no other way that we could escape our enemies' their wrath and the abondonment of the country. ^ ^ ----- new page (VMSS792_S3_SS8_B15_F17_I4_p003.jpg) I had not been here a day until I saw a great change in his views in relation to our mak- ing propositions before they were asked for, or before we had any assurance that our eating humble pie would be of any benefit. At first he said that if his plan of concession was not adopted, he would have to resign. He had been asked by a prominent man, what if his constituents refused to acquiesce in his views; his reply was that if they did not, he would to resign. I combatted this idea. I thought he had acted up in sincerity and with zeal and the best of feelings for the deliverance of his constituents, and I doubted not that the Lord would overrule it for good, especially as he had acted on his own responsibility and had not committed others. He was comforted and encouraged, and even if this were all the result of my visit, I feel that the time has not been unprofitably spent. His influence here is very good. ----- new page (VMSS792_S3_SS8_B15_F17_I4_p004.jpg) He had already asked advice in the quarter suggested as to who would be a good person to retain, and he had suggested Judge Hoar. I have been unable to do anything in this matter, or in the other direction, for the want of the remittance which was to have been sent me. I think the person of whom you have heard would be suitable to disburse as an agent. I have been busy since I have been here, and have been able, I trust, to do good. I regret exceedingly that I cannot see you before I return. It is the only regret connected with my depar- ture. I write this in haste; but I think this imperfect sketch, better than silence. With love to yourself and your dear ones, and praying God to bless and preserve you and them I remain Your Friend G. W. C. ----- new page (VMSS792_S3_SS8_B15_F17_I5_p001.jpg) Salt Lake City, Utah Ter. April 17th, 1873. Major. Gen'l. Thos. L. Kane, Dear Sir: In reply to your esteemed favor of April 1st, there is not the slightest foundation for the charge that this people, or any portion of them, intend moving or migrating to Mexico. Any such statement must be an invention of our enemies intended to injure us. Respectfully, Yours, Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F17_I6_p001.jpg) Salt Lake City, April 23rd, 1873. My dear Sir: Your favor of the 8th of March, written from Chicago and di- rected to me care of Hon. W. H. Hooper, Washington, was handed me yesterday by Mr. Hooper, he having received it from Washington. At the same time he handed our mutual friend a letter from you which I am told bore the date of the 15th inst., from the capital. It would have afforded me the greatest of pleasure to have met you at any point convenient to you, had I known where that would have been. I hoped to reach home before your departure from here, and I did not write thinking I would have that pleasure; I also had a reluctance to commit such communications as I wished to make to the uncertain mails. On the ----- new page (VMSS792_S3_SS8_B15_F17_I6_p002.jpg) 8th ult. I was in New York, and on the 10th ult., having received a dispatch from Mr. Hooper, I left there and joined him at Harrisburg. We reached here on the 15th ult. There are many things about which I would like to converse with you. Writing, when you feel uncertain about the letters reaching the hand for which they are intended, is unsatisfactory. I hope, ere long, of to see you, and therefore omit par- ticulars here which I can better communicate in person. With kind regards to yourself, Mrs. Kane and the children Yours Truly, General Thos. L. Kane, Geo. Q. Cannon 4 W. 18th St., N.Y. ----- new page (VMSS792_S3_SS8_B15_F17_I6_p003.jpg) M. G. Q. Cannon April 23. '73 ----- new page (VMSS792_S3_SS8_B15_F17_I7_p001.jpg) Memorandum of Interview with Hon. Eli K. Price, Philadelphia, Pa., May 27, 1873. After a brief statement of the facts General Kane explained: That he had accepted in March last the position of President Young's Counsel, neither President Young nor himself at the time contemplating that the interests of Pres't Young might be different from those of the Mormon Church and people. That in an examination which he had since instituted into the condition of President Young's affairs, however, he had satisfied himself that there should be a separation of President Young's [individual] interests as an individual from those of the Church as such – [which were confusedly interwoven in a manner likely to prove equally prejudicial to both.] To effect this separation in a manner that would not do wrong to either of the parties, General Kane had become of the opinion that there should be Counsel, separate Counsel, employed to pro- tect the interests severally of each. He, General Kane, had therefore, written to Salt Lake City urging the propriety of additional Counsel being retained; and a correspondence had ensued with Gen'l. D. H. Wells and others, the result of which was the arrangement following: The Church and people of the Church ----- new page (VMSS792_S3_SS8_B15_F17_I7_p002.jpg) of Jesus Christ of Latter-day Saints, represented by Hon. Geo. Q. Cannon, Delegate to Congress and one of the Twelve Apostles, requested formally Mr. Price to act as Counsel for the Church. Neither Pres't. Young, Gen. Wells, he, the speaker (Mr. Cannon) nor, as far as he believed, President Geo. A. Smith, the newly elected Trustee-in-Trust, recognized any discrepancy of interests as existing or likely to arise; but that as General Kane was of opinion that the Church should have its interests as a Church and corporation separately looked after and protected– and as also all the parties coincided in opinion that President Young as an individual was entitled to any protection of his individual rights by release of claims and the like which the Church as a corporation could legally afford him– not out of necessity; but in deference to General Kane's suggestions he, Mr. Cannon, asked Mr. Price to accept his re- tainer as Counsel for the Church. Mr. Price replied that he would accept the position tendered him, desiring how- ever that it should be professionally considered to be that of Junior Counsel to General Kane. General Kane rejoined expressing his personal thanks to Mr. Price; but asking it to be understood that if a variance should at any time arise or be disclosed to exist between the interests of the Church and President Young, he, General Kane, with H. G. Clay, Esq., as his Junior, would act for President Young and consider Mr. Price to be retained as Senior or Sole Counsel ----- new page (VMSS792_S3_SS8_B15_F17_I7_p003.jpg) for the Church, and, so far, opposed to him. I united with General Kane in presenting these facts and acting as indicated, representing the Church Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F17_I8_p001.jpg) Salt Lake City, July 31st, 1873. My dear General: As Mr. John W. Young will call upon you personally, and can give you full particulars concerning affairs here I shall not attempt to write news. The business of the Estate has been pushed in certain directions, our Friend having very clear and decided views upon several points. Your health and that of Mrs. Kane and the children, I hope, is good. Give my Kind regards to them and please accept my love yourself. Yours truly, Major General Thos. L. Kane, Geo. Q. Cannon Kane, McKean Co., Penn. ----- new page (VMSS792_S3_SS8_B15_F17_I8_p002.jpg) Geo. Q. Cannon to Gen. T. L. Kane July 31, 1873 "Friend" referred to was probably Brigham Young. ----- new page (VMSS792_S3_SS8_B15_F17_I8_p003.jpg) GEO. Q. CANNON JULY 31,1873 Geo Q. Cannon in 1873 was an apostle. In, 1880 became first counsellor to John Taylor, then the first President. This was a grandfather of Mrs John Taylor (Rachel Grant Taylor) daughter of [---] Pres. Heber J. grant Major General Tho. S. Kane, Kane, M Kean Co. By the politenels Penn. of Jon. N Young Esq ----- new page (VMSS792_S3_SS8_B15_F17_I9_p001.jpg) House of Representatives, Washington, D. C., December 2nd, 1873. My dear General: I arrived here yesterday from the Moun- tains. It was my intention to call at Kane as I came; but at the time of leaving home I received notice that there was a quantity of books here to be distributed and that the privilege of sending them by mail expired, under the law, on the first of December. This, and our friend's desire that I should not delay in reaching Washington, prompted me to forego the pleasure of a call upon you. I very much regret that I cannot see you before Congress meets, but hope, with your consent, to have that privilege before long. The news concerning affairs here is given in full in the papers. Opinions vary as to who will be Speaker, though I gather the idea that Randall has the most strength of any other one. Our friend has had a series of afflictions to bear since this year opened, which would be very trying to an ----- new page (VMSS792_S3_SS8_B15_F17_I9_p002.jpg) ordinary man; but which he has borne with exemplary patience, meekness and equanimity. His daughter Alice, his wife Emeline, his son Joseph A. and his trusted friend and counselor, George A. Smith, have all gone. Probably not more than two events in his life ever affected him so deeply as did the sudden depar- ture of Joseph A. It was only a few days previously that they had parted, and the latter was apparently full of hope and had talked freely with his father respecting the plans for a temple in Sanpete Valley, the erection of which had been entrusted to him. It has since transpired, however, that from others he had not concealed the premonitions which he had concerning his approaching death. One might imagine that these events, with the other annoyances to which has been subjected of late, would weigh him down. Not in the least. I am happy in being able to say to you that he is as cheerful and courageous as ever. Even when recently suffering from the disease which attacked him in the Fall of 1874, he was buoyant and lively. He never seems to me like an old man, or I would call him a grand old man. At no time in his life did he ever seem to me to ----- new page (VMSS792_S3_SS8_B15_F17_I9_p003.jpg) House of Representatives, Washington, D. C., ......................,187 . be a more resolute, indomitable soldier of righteousness than at the present. The Lord has endowed him with extraordinary strength and nerve. Having just been released from confinement when I left, he was able to take his accustomed exercise and his health was improving. He charged me with messages of love to yourself, Mrs. K., Evan and Willie whom he had seen, and Miss Harriet and Elisha whom he knew so well by report. He hoped, he said, that you would find it convenient to make another visit soon to the Mountains. I trust that yourself, Mrs. Kane and the family are in good health. I have taken the liberty of ordering a sack of peeled peaches to be sent to you which I hope will come safely to hand. I scarcely think you will find them so good as those you had at St. George. The entire peach crop south of the rim of the Basin was cut off last Spring by late frosts. With love to yourself and kind regards to Mrs. Kane and the family I remain Your Friend, Geo. Q. Cannon Major General Thos. L. Kane. ----- new page (VMSS792_S3_SS8_B15_F17_I9_p004.jpg) Major. Gen. Thos. L. Kane, Kane, McKean Co., Penn. ----- new page (VMSS792_S3_SS8_B15_F18_I2_p001.jpg) House of Representatives, Washington, D. C., May 6th, 1874. My dear General: Pardon me for troubling you with my letters; but, knowing how interested you are in the rights of man and the vindication of the innocent, I send the enclosed. Had the Bill not been withdrawn, I presume the Speaker would have ruled that it was open to the point of order raised against it; but it would answer the purpose of the friends of the Bill to suffer it to go with the Committee of the Whole, so it was withdrawn. A council has been held by them; what the conclusions are I have not yet learned. But I presume that the Bill will be altered to avoid the point of order, or an attempt will be made to pass it un- der the suspension of the rules, or to get unani- mous consent at some unguarded time to have it considered at any time. Mr. Ce[---]a secured the consent, I am told, of the Committee on Judiciary to introduce, as an amendment to the Poland Bill, the old section, found in all the other Bills, which confers ----- new page (VMSS792_S3_SS8_B15_F18_I2_p002.jpg) upon the Judge of the District, his Clerk and the U.S. Marshal the power to select jurors. I under- stand he feels satisfied that it can be carried. He is embittered for some reason upon the subject. I trust your health is fully restored and that Mrs. Kane and the children are well. With kind regards to yourself and them, I remain, Your Friend, Geo. Q. Cannon Major Gen. Thos. S. Kane, Kane, M Kean Co., Penn. ----- new page (VMSS792_S3_SS8_B15_F18_I2_p003.jpg) 1874. CONGRESSIONAL RECORD. 15 The gentleman from New York [Mr. HALE] praised never too warmly the zealous protection which England never yet failed to demand for her citizens. No blood of hers was ever too dear to be shed for the humblest of them. Right proudly has our own country vindicated its honor wherever the liberties of those entitled to its protection were in danger, and I speak for all my colleagues of the committee when I say that no bill will emanate from it which trenches a hair's breadth upon the privileges of any American citizen. The ob- ject of the bill was to render them still dearer, but where the ques- tion of renunciation of allegiance is one of intent, it is a very deli- cate one to prescribe by law. The commission appointed by Queen Victoria in 1868, of which Lord Tenterden was secretary, reported upon this identical subject as follows: We have considered the question whether the acquisition of a foreign domicile, or a certain length of residence abroad, should divest a person of British nation- ality. We have not been able to satisfy ourselves that either continued residence or domicile could be practically adopted as a rule to determine the allegiance of the subject, having regard to the difficulties which attend the definition of domicile, and proof of the fact, and also to the great diversity of circumstances under which men reside in foreign countries. Indeed, it is well established that as on the one hand expatriation may be at once consummated by the acts and avowal of the party, on the other hand no length of absence will necessarily give the right to infer it in the absence of such acts or avowal. Secretary Fish prop- erly states the law to be that "the citizen may reside abroad for an indefinite period; he may acquire a commercial or a civil domicile there; but if he do so, sincerely and bona fide, animo revertendi, and do noth- ing inconsistent with his pre-existing allegiance, he will not thereby have taken any step toward self-expatriation." In the case of the Charming Betsey (2 Cranch, 120) Chief Justice Marshall said: The American citizen who goes into a foreign country, although he owes local and temporary allegiance to that country, is yet, if he performs no other act changing his condition, entitled to the protection of our Government. If, then, a new principle is to be established; if a definition of in- tent to renounce allegiance is to be fixed by metes and bounds of time, certainly two years’ residence abroad in one country is too short a time to justify such a presumption. As I have said, our naturaliza- tion laws require a residence of five years in the United States, ex- cept in the single instance of service in the Army or Navy, before any foreigner, no matter how desirous of it he may be, can be invested with our citizenship. Why, if at all, should we cast off this adopted citizen? Above all, why should we disclaim the native-born—both being guaranteed protection alike—in less time than we prescribe for a foreigner to put on the robes of our citizenship? No matter how many years an alien may have resided in the United States he shall two years before becoming entitled to citizenship declare his intention to "renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty whereof such alien may, at the time, be a citizen or subject;" and he is by the law denomi- nated an "alien" until his final naturalization. So that we recognize for aliens a citizenship of birth or adoption under circumstances where it is proposed to deny it to Americans. The intimation seems to be that this term of two years is named because several of our treaties with foreign powers have designated it. This is a mistake. By most of these treaties citizens of one nationality are deemed and taken to have become citizens of the other by a continuous residence of five years in the territories of the other and by naturalization, and are to be treated as such. Naturalization alone is required in sev- eral. It is true that by the treaties with Bavaria, Denmark, Hesse, Mexico, the North German Union, Sweden and Norway, and Würtem- berg the intent not to return may be held to exist when the person naturalized in the one country resides more that two years in the land of his nativity, but no limit is placed on a native-born and none on a naturalized citizen when abroad except upon a renewed residence in the land of his birth. It will be noticed that England in her treaty with us claimed no such resumption of British nationality, and only stipulated for it with us, where the native-born of either country after naturalization in the other should publicly renounce such nat- uralization, and elect to resume his original nationality within two years from the conclusion of the treaty. In La Virginie (5 Robinson) Sir William Scott declared, what has ever since been recognized as Iaw, that— It is also to be remembered that the native character easily reverts, and that it requires a fewer circumstances to constitute a domicile in the case of the native subject than to impress a national character on one who is originally of another country. This doctrine, no doubt, caused the exception in the treaties alluded to. They are now binding and I do not propose to discuss them. In these cases, and these alone, it will be impossible to give that equal protection to native and naturalized which the act of 1868 calls for. It is not likely to produce any hardship; but I earnestly protest against the establishment of a general law to conform to this excep- tion. Prussia, I believe, is the only country which denationalizes its citizens for absence from her dominions, and by her laws it takes ten years of such absence to deprive them of their citizenship. The case of Martin Koszta, a Hungarian by birth, is often quoted as one where we afforded protection in another country to one who was not our citizen, claiming that he had absolved himself of his native allegiance. Koszta, however, had declared his intention to [right column] become a citizen of the United States. Even this would not have justified our interference in his behalf had he returned to Austrian territory. He was kidnaped from Turkish soil, whither he had gone in an American vessel and while under the protection of the Ameri- can consulate. Commander Ingraham demanded and obtained his surrender from the Austrian vessel which was about to carry him away. Secretary Marcy approved and the whole nation applauded the act, because Koszta had acquired a domicile here entitling him to the protection of our flag unless upon a return to the domicile of his nativity. But in the case of Simon Tousig, which arose shortly after- ward, Mr. Marcy refused to interfere, holding that, not being a citi- zen of the United States, his passport was improperly granted and did not protect him upon his voluntary return to Austria, of which coun- try he was a subject. The case of Koszta, there is little doubt, caused the insertion of a stipulation in most of our treaties made since with the powers of continental Europe, that "the declaration of an inten- tion to become a citizen of the one or the other country has not for either party the effect of naturalization." The right of expatriation we have so successfully asserted is the right of voluntary expatriation, a question of intent in each case, very difficult to measure by a general law. It may be well, in the interest of Americans resident for any cause in a foreign land, as well as in the interest of the Government, to prescribe that an annual or biennial registry at one of our consulates shall act as a continued assertion of their allegiance, but I fear it would work great injustice to make the absence of such registry an act of expatriation or renunciation of allegiance until their return. Certainly it would if the little lapse of time named in the bill could cause such a result. Love of country is nearest to the heart; citizenship in all lands is held sacred. In America it is a pearl without price, which untold thousands are seeking and few are found willing to renounce. Let us carefully reconsider the delicate question involved in this discussion, lest by any act of ours we impair the value of American citizenship. [Mr. CONGER obtained leave to print remarks on the bill relative to rights of citizens.] Mr. SCHUMAKER, of New York. The gentleman from Massachu- setts [Mr. E. R. HOAR] promised me a few minutes to speak on this subject. The SPEAKER. The gentleman from Massachusetts, who had charge of the bill, withdrew the motion to reconsider on Saturday by unanimous consent. Mr. SCHUMAKER, of New York.. Is it probable that the bill will ever come up again for discussion? The SPEAKER. The Chair is not advised on that point. The gen- tleman from Massachusetts can perhaps answer. Mr. SCHUMAKER, of New York. I would like to know what was the object of the gentleman in withdrawing the bill and having it referred again to the committee. Mr. E. R. HOAR. The principal reason for the withdrawal of the bill was that whereas the committee proposed quite a number of amendments which were printed with the bill, the House seemed to be discussing various propositions that could not arise. Mr. SCHUMAKER, of New York. The gentleman from Massachu- setts handed me a few days ago a copy of the amendments agreed to by the committee, and I proposed to discuss those when I came to speak upon the bill. I understood the gentleman to say that there were but three persons who desired to speak on the question, the gentleman from Pennsylvania, [Mr. MYERS,] myself, and another gentleman whose name I have forgotten. Mr. E. R. HOAR. The number was increasing. At any rate, the present position of the bill is that it has gone back to the committee. Mr. SCHUMAKER, of New York. Will it be reported again? Mr. E. R. HOAR. I have no knowledge on that point; that will be for the committee to determine. I am very sory if the gentleman has lost the opportunity to deliver his speech. I would move that he be allowed to print his remarks. Mr. SCHUMAKER, of New York. I do not want that privilege; but I did want to say a few words on the bill. Is there no chance, Mr. Speaker, for me to get off my speech? The SPEAKER. There may be hereafter, but the Chair can give the gentleman no assurance on that point. JUDICIAL PROCEEDINGS IN UTAH. The House resumed the consideration of the bill (H. R. No. 3097) reported by Mr. POLAND, from the Committee on the Judiciary, enti- tled “A bill in relation to courts and judicial officers in the Territory of Utah." Mr. CROUNSE. Is this bill presented for action at the present time? The SPEAKER. The Chair is not advised. Mr. POLAND. It is reported for action. The SPEAKER. The House gave the Judiciary Committee au- thority to report on this subject at any time. Mr. CROUNSE. I understand, then, that it is the purpose of the gentleman from Vermont [Mr. POLAND] to press the bill for action at this time. If so, I wish to raise a point of order upon it which may obviate the necessity of reading the bill at length. The bill provides for the creation of new offices and for the appropriation of money, which fact I understand would necessarily require the bill to go to the Committee of the Whole. ----- new page (VMSS792_S3_SS8_B15_F18_I2_p004.jpg) CONGRESSIONAL RECORD. May 6, The SPEAKER. It is the impression of the Chair that the com- mittee had the right to report the bill for consideration in the House. Mr. CROUNSE. I do not so understand; I would like to have the record on that point referred to. Mr. POLAND. The gentleman is entirely mistaken in his assump- tion of facts. The SPEAKER. The bill will be read. Mr. CROUNSE. One word before the bill is read. The SPEAKER. It must be read in any event before the Chair can rule. The bill was read, as follows: Be it enacted, &c., That it shall be the duty of the United States marshal of the Territory of Utah, in person or by deputy, to attend all sessions of the supreme and district courts in said Territory, and to serve and execute all process and writs issued out of, and all orders, judgments, and decrees made by, said courts, or by any judge thereof, unless said court or judge shall otherwise order in any particular case. All process, writs, or other papers left with said marshal, or either of his deputies, shall be served without delay, and in the order in which they are received, upon payment or tender of his legal fees therefor; and it shall be unlawful for said marshal to demand or receive mileage for any greater distance than the actual dis- tance by the usual routes from the county seat of the county in which the service is to be made or process executed to the place of service or execution of process, writ, or other paper; except that when it shall be necessary to convey any person arrested by legal authority out of the county in which he is arrested, said marshal shall be entitled to mileage for the whole distance necessarily traveled in deliver- ing the person so arrested before the court or officer ordering such arrest. Said marshal is hereby authorized to appoint as many deputies as may be necessary, each of whom shall have authority, in the name of said marshal, to perform any act with like effect and in like manner as said marshal. Such appointment shall not be com- plete until he shall give bond to said marshal, with sureties to be by him approved, in the penal sum of $10,000, conditioned for the faithful discharge ot his duties; and he shall also take and subscribe the same oath prescribed by law to be taken by said marshal; and said appointment, bond, and oath shall be filed and remain in the office of the clerk of the supreme court of said Territory. In actions brought against said marshal for the misfeasance or non-feasance of any deputy, it shall be lawful for the plaintiff, at his option, to join the said deputy and the sureties on his bond with said marshal and his sureties. SEC. 2. That it shall be the duty of the United States attorney in said Territory, in person or by an assistant, to attend all the courts of record having jurisdiction of offenses as well under the laws of said Territory as of the United States, and perform the duties of prosecuting officer in all criminal cases arising in said courts; and he is hereby authorized to appoint as many assistants as may be necessary, each of whom shall subscribe the same oath as is prescribed by law for said United States attorney; and the said appointment and oath shall be filed and remain in the office of the clerk of the supreme court of said Territory. The United States attorney shall be entitled to the same fees for services rendered by said assistants as he would be entitled to for the same services if rendered by himself. SEC. 3. That there shall be held in each year two terms of the supreme court of said Territory, and four terms of each district court at such times as the governor of the Territory may by proclamation fix. The district courts shall have exclusive original jurisdiction in all suits or proceedings in chancery, and in all actions at law in which the sum or value of the thing in controversy shall be $300 or upward, and in all controversies where the title, possession, or boundaries of land, or mines or mining claims shall be in dispute, whatever their value, except in actions for forci- ble entry or forcible or unlawful detainer; and they shall have jurisdiction in suits for divorce. When a bill is filed by a woman to declare a marriage or pretended marriage void, on account of a previous subsisting marriage of the defendant to an- other woman, the court or judge thereof may grant such reasonable sum for alimony and counsel fees as the circumstances of the case will justify, and may likewise, by final decree, make such allowance for the maintenance of the complainant and her children by the defendant as may be just and reasonable. And whenever, in any proceeding for divorce, or in any civil cause, or in any criminal prosecution, it is necessary to prove the existence of the marriage relation between two persons, it shall not be necessary to prove the same by the production of any record or certifi- cate of the marriage, but evidence of cohabitation between the parties as husband and wife, and the acts, conduct, declarations, and admissions of the parties shall be admissible, and the marriage may be established like any question of fact. Probate courts, in their respective counties, shall have jurisdiction in the settlement of the estates of decedents, and in matters of guardianship and other like matters; but otherwise they shall have no civil, chancery, or criminal jurisdiction whatever; they shall have jurisdiction of suits of divorce for statutory causes concurrently with the district courts; but any defendant in a suit for divorce commenced in a probate court shall be entitled, after appearance and before plea or answer, to have said suit removed to the district court having jurisdiction, when said suit shall pro- ceed in like manner as if originally commenced in said district court. All judg- ments and decrees heretofore rendered by the probate courts which have been exe- cuted, and the time to appeal from which has by the existing laws of said Territory expired, are hereby validated and confirmed. The jurisdiction heretofore conferred upon justices of the peace by the organic act of said Territory is extended to all cases where the debt or sum claimed shall be less than $300. From all final judg- ments of justices of the peace an appeal shall be allowed to the district courts of their respective districts, in the same manner as is now provided by the laws of said Territory for appeals to the probate courts; and from the judgments of the probate courts an appeal shall lie to the district court of the district embracing the county in which such probate court is held in such cases and in such manner as the supreme court of said Territory may, by general rules framed for that purpose, specify and designate, and such appeal shall vacate the judgment appealed from, and the case shall be tried de novo in the appellate court. Appeals may be taken from both jus- tices' and probate courts to the district court of their respective districts in cases where judgments have been heretofore rendered and remain unexecuted; but this provision shall not enlarge the time for taking an appeal beyond the periods now allowed by the existing laws of said Territory for taking appeals. Whenever the condition of the business in the district court of any district is such that the judge of the district is unable to do the same, he may request the judge of either of the other districts to assist him, and, upon such request made, the judge so requested may hold the whole or part of any term, or any branch thereof, and his acts as such judge shall be of equal force as if he were duly assigned to hold the courts in such district. SEC. 4. That within sixty days after the passage of this act and annually there- after the governor of the Territory shall appoint in each county two male citizens of the United States, who shall have resided in such county for one year next pre- ceding, who, with the sheriff of such county, shall constitute a board of jury com- missioners for such county, and the commissioners appointed by the governor shall hold their offices for one year and until others shall be appointed in their stead. The governor shall by proclamation fix a time and place for the meeting of such commissioners in each county, and at the time and place so fixed each of such boards shall proceed to make a list, which shall contain the names and residences of all the male citizens of the United States who have resided within such county for six months next preceding, who are above twenty-one years of age and who can read and write in the English language; and when said list is completed, it shall be [right column] duly certified by such commissioners and returned to the clerk of the district court of the district in which such county is situated; and the lists thus furnished shall constitute a jury-list, from which shall be drawn all grand and petit jurors to serve in the district courts for the year next following. And the said commissioners shall be paid five dollars a day for each day's service as such commissioners and ten cents a mile for necessary travel, and their accounts shall be audited by the governor, and the governor shall draw orders on the treasurer of the Territory for the amount, which shall be paid by him out of any money in the territorial treasury. Whenever a grand or petit jury is to be drawn to serve at any term of a district court, the judge of such district shall give public notice of the time and place of the drawing of such jury, which shall be at least twelve days before the commence- ment of such term; and on the day and at the place thus fixed the judge of such district shall hold an open session of his court, and shall preside at the drawing of such jury; and the clerk of such court shall write the name of each person on the jury-lists returned and filed in his office upon a separate slip of paper as nearly as practicable of the same size and form, and all such slips shall, by the clerk in open court, be placed in a covered box, and thoroughly mixed and mingled; and there- upon the United States marshal, or his deputy, shall proceed to fairly draw by lot from said box such number of names as may have previously been directed by said judge; and if both a grand and petit jury are to drawn, the grand jury shall be drawn first; and when the drawing shall have been concluded, the clerk of the district court shall issue a venire to the marshal or his deputy, directing him to summon the persons so drawn, and the same shall be duly served on each of the persons so drawn at least seven days before the commencement of the term at which they are to serve; and the jurors so drawn and summoned shall constitute the reg ular grand and petit juries for the term for all cases. And the names thus drawn from the box by the clerk shall not be returned to or again placed in said box until a new jury-list shall be made. If during any term of the district court any addi- tional grand or petit jurors shall be necessary, the same shall be drawn from said box by the United States marshal in open court; but if the attendance of those drawn cannot be obtained in a reasonable time other names may be drawn in the same manner. Each party, whether in civil or criminal cases, shall be allowed three peremptory challenges; and in the trial of any prosecution for adultery, biga- my, or polygamy it shall be a good cause of principal challenge to any juror that he practices polygamy or that he believes in the rightfulness of the same. In criminal cases, the court, and not the jury, shall pronounce the punishment, under the limitation prescribed by law. The grand jury must inquire into the case of every person imprisoned within the district on a criminal charge and not indicted; into the condition and management of the public prisons within the district; and into the willful and corrupt misconduct in office of public officers of every descrip- tion within the district; and they are also entitled to free access, at all reasonable times, to the public prisons, and to the examination, without charge, of all public records within the district. SEC. 5. That there shall be appointed by the governor of said Territory one or more notaries public for each organized county, whose term of office shall be two years and until their successors shall be appointed and qualified. The act of the Legislative Assembly of the Territory of Utah entitled "An act concerning notaries public," approved January 17, 1866, is hereby approved, except the first section thereof, which is hereby disapproved: Provided, That wherever in said act the words "probate judge" or "clerk of the probate court" are used, the words "secre- tary of the Territory" shall be substituted. SEC. 6. That the supreme court of said Territory is hereby authorized to appoint commissioners of said court, who shall have and exercise all the duties of commis- sioners of the circuit courts of the United States, and to take acknowledgments of bail, &c.; and in addition they shall have the same authority as examining and committing magistrates in all cases arising under the laws of said Territory as is now possessed by justices of the peace in said Territory. SEC. 7. That the common law of England, as the same is defined and modified by the courts of last resort in those States of the United States where the common law prevails, shall be the rule of decision in all the courts of said Territory so far as it is not repugnant to or inconsistent with the Constitution and laws of the United States and the existing statutes of said Territory. SEC. 8. That the act of the territorial Legislature of the Territory of Utah enti- tled "An act in relation to marshals and attorneys," approved March 3, 1852, and all laws of said Territory inconsistent with the provisions of this act, are hereby disapproved. The act of the Congress of the United States entitled "An act to regu- late the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States, and for other purposes," approved Feb- ruary 26, 1853, is extended over and shall apply to the fees of like officers in said Territory of Utah. Mr. CROUNSE. I now renew my point of order upon this bill. Mr. KELLEY. I move that the House resolve itself into the Com- mittee of the Whole for the consideration of the centennial bill, which was made a special order for to-day. Mr. POLAND. I do not yield. I am aware of the ruling the Speaker made on a bill in some respects like this. The parliamentary law the Speaker laid down I quite agree is correct. It was not the fault of the Speaker, but what was said by gentlemen in reference to that bill was unfounded in point of fact. It is unfounded in point of fact so far as this bill is concerned. It is not open to any such objection as was made to the other bill and as is made to this bill. The first section provides the marshal of the Territory may appoint some deputies, who shall receive the same fees for serving process the marshal would receive if he served it. The second section provides the district attorney may appoint some assistants, and if they per- form any service they shall have the same fees the attorney himself would have. It merely authorizes these two officers to have servants to do a part of their official duty; it adds not a cent to the expense put on the Government. They are paid, if I may so speak, by the piece. They have fees for certain specific services. The law now gives them all to one man. This bill merely authorizes him to em- ploy some servants to perform a part of that service; so that it is not open at all to the objection which was made. And the Speaker was misled in relation to what was said about its creating new offices, which would be a new tax and an additional expense to the Treasury. I certainly do not desire to embarrass the Speaker at all in refer- ence to the ruling he made. Mr. CROUNSE. Mr. Speaker, this point of order was pretty thor- oughly considered at the time this bill, or a similar bill, came from the Committee on the Territories. Several objections were then raised, among which was this one: that the bill provides for the ap- pointment of deputy marshals and deputy district attorneys, and it was urged by the gentleman from Massachusetts [Mr. G. F. HOAR] that these appointments carried with them the fact that these officers ----- new page (VMSS792_S3_SS8_B15_F18_I2_p005.jpg) 1874. CONGRESSION must be paid and provision made by appropriation for their salaries. It does not necessarily follow because they are appointed to dis- charge certain duties in that Territory their fees must be the same which obtain in any other State or Territory. The Speaker, too, very justly remarked that an amendment would be germane, whether the bill was silent on the subject or not, as to the rate of fees which were to be fixed; that whether the fees were fixed in the bill or not an amendment would be germane changing the manner of fixing the fees or changing the amount of the fees to be charged. If so, then there can be no doubt it would provide for taking money out of the Treasury of the United States, which would of itself make the bill liable to the point of order. But, in addition to this, there is a change in this bill which may have escaped the attention of the House. It is this. It transfers into the hands of the United States district attorney and of the United States marshal not only the business which pertains to those offices now, not only that which pertains under any law of the United States, but that under every law on the statute-book of the Territory of Utah, or under any law which may be enacted there. Let it be assault or battery, let it be a selling of liquor against the license law of the Territory of Utah, no matter indeed what the offense may be, it pro- vides that in the trial of all such cases the United States attorney shall appear there and prosecute under the laws of the Territory of Utah. It also provides that the marshal shall act as sheriff; that he and his deputies shall swarm through the entire Territory to dis- charge the duty of sheriff. This people in Utah are not to be allowed the privilege of saying who shall serve their processes or what officers shall prosecute these several cases under their own laws. You will therefore see it necessarily entails upon the United States the pay- ment of a large bill of fees, the same fees which are provided for in dis- posing of cases where they violate the laws of the United States solely. The same fees are to obtain in every case, whether it be a simple assault and battery case where the fine is five dollars or not. There the United States marshal will be entitled to the exorbitant fees which are provided for, and the United States district attorney will have the exorbitant fees now provided for, or as much greater fees as this House may choose to fix. In this very item it involves the expenditure, I venture to say, of hundreds of thousands of dollars. This bill has been pressed forward by the United States attorney out there, who has been away from his business for long months working in and around this House. Mr. POLAND. I should like to ask whether the general merits of the bill are open to discussion under a point of order ? Mr. CROUNSE. I will pass from that. Mr. SCHUMAKER, of New York. Does the gentleman from Nebraska say that the mileage of the marshal will be more than that of a con- stable or sheriff, or any other officer who is to perform these duties ? Mr. MILLS. I will answer the gentleman that it will be. Mr. SCHUMAKER, of New York. I say respectfully to the gentle- man that he is mistaken. Mr. MILLS. I will tell you why it is. Mr. SCHUMAKER, of New York. It is the same mileage precisely. Mr. CROUNSE. Let me be understood. In ordinary cases these are now to be paid by parties in counties of Utah, but under this bill the fees of whatever character are to be paid by the United States. Mr. SCHUMAKER, of New York. Yes; but it is relatively the same; the same per mile, and the same percentage. If a county were three hundred miles long it would be the same there as three hundred miles in a Territory. Mr. MILLS. The same per mile. Mr. SCHUMAKER, of New York. There are counties in the State of New York one hundred miles long. Mr. CROUNSE. The bill provides that “the United States attorney shall be entitled to the same fees for services rendered by said assist- ants as he would be entitled to for the same services if rendered by himself.” To that provision of the bill it would be germane for any member to move that the United States attorney should be entitled to double the amount of these fees, or to half the amount. Mr. POLAND. I withdraw the bill for the present. ----- new page (VMSS792_S3_SS8_B15_F18_I2_p006.jpg) NAL RECORD. MAY 6, The Clerk read as follows: Mr. SARGENT. I offer the following amendment to the bill: In line 2, section 7, strike out all after the word "commissioners" to the end of the section, and insert "or other officers provided by this act, out of the Treasury of the United States.” Mr. HALE, of Maine. There was the proposition made by one of the most able, intelligent, active, and working members of the House, now a Senator from the State of California, to forever put at rest the question of the payment by the Government of salaries connected with this celebration or exposition, or whatever you choose to call it. More or less discussion took place as to the place, as to the general scope; but nothing in any way contravening or qualifying this direct assumption on the part of Congress that no money should ever be paid for the centennial machinery. It came up again on January 16, when final action of the House was had upon the proposition to in- corporate this centennial commission. I ask the Clerk to read from pages 422 and 423 what I have marked, in order that the House may see what was the final upshot of the discussion on the birth of this project. The Clerk read as follows: The question next recurred on the following, moved as a substitute by Mr. Mor- rell, of Pennsylvania, for the amendment of Mr. SARGENT: “Add after the word ‘commission’ on the ninth line of the the seventh section the words: ‘‘Provided, That the total sum to be expended by said commission for all purposes whatever shall not exceed $50,000 a year, up to January, 1876, and during the year 1876 shall not exceed $250,000, or a total sum of $500,000 during the entire exist- ence of the commission.” The amendment to the amendment was disagreed to. The question then recurred on the amendment of Mr. SARGENT, as follows: "Strike out all after the word 'commissioners' in line 2, section 7, and insert ‘or other officers provided by this act from the Treasury of the United States;' so that it will read: "SEC. 7. Be it further enacted, That no compensation for services shall be paid to the commissioners, or other officers provided by this act, from the Treasury of the United States.” Mr. HALE, of Maine. There the House left it. Now, Mr. Chair- man, I call attention to what the Clerk has just read, not only as to the amendment of Mr. SARGENT, cutting off the payment of the ex- penses of officials, but also—and it is more significant—to the other amendment, offered by the gentleman from Pennsylvania, which the House voted down, that $50,000 per year in all should be expended up to January 1, 1876, and that up to the end of that year not more than $500,000 should be expended. What did the House do with that prop- osition? Why, it voted it down, sir. It at once sent it from this Hall with its disapprobation stamped upon it. It rejected a proposition in- volving only $500,000. The gentleman from Pennsylvania [Mr. KEL- LEY] who has just spoken tells us now that $3,000,000 is a paltry sum, when three years ago the House negatived a proposition that the entire expenses up to the end of 1876 should be half a million dollars. The gentleman's measurement in money differs from that of others. It may be that his ideas have grown as the scheme has advanced. We have seen that from 1870 to 1874 he has leaped from $500,000 to $3,000,000. How far will he leap from 1874 to 1877, when the unpaid bills come in by thousands and millions? As $3,000,000 now is a small, paltry sum to him, $10,000,000 then will be a little thing. The centennial bill then went to the Senate and there came up, be- ing reported by the senior Senator from Pennsylvania, Mr. CAMERON, upon the 16th of February, 1871. He reported it with an amendment which had been put in in committee, going further than Mr. SARGENT'S amendment, and providing that Congress should not be liable for any bills whatever. That is how this project saw the light in the Senate of the United States, a clause having been put in and the senior Sen- ator from Pennsylvania reporting it and asking action on it, that Congress should not be liable to pay any bills. It was discussed, and I ask the Clerk to read the passage I have marked on page 1561 of volume 83 of the Globe. The Clerk read as follows: Mr. CAMERON. I only rise to pledge my word that the people of Philadelphia, and it may be the people of Pennsylvania, will give their millions if necessary to make this exhibition creditable not only to Pennsylvania but to the whole United States. ----- new page (VMSS792_S3_SS8_B15_F18_I3_p001.jpg) St. George, Utah, Sept. 16th, 1874. Dear General: After the adjournment of Congress I called upon H. C., Esq., and was much pleas- ed with my visit. I feared the interview would not be so satisfactory to him, as I was seriously ill that day and could scarcely keep up. Before leaving Washington, I had symptoms of what I thought was malarial fever, and at Philadelphia my condition gave me concern and made me anxious to get home. It was the fear that I might be prostrated that caused me to pass through the State without calling upon you, and deprived me of a pleasure which I greatly desired. During my journey home, and for some weeks afterwards, my health was very poor, though I have taken no time to rest but have visited the most of the settlements in the Territory. I postponed writing to you for some time, hoping to be able to communicate some particu- lars about the United Order. Articles of Associ- ation and Instructions had been drawn up, which I ----- new page (VMSS792_S3_SS8_B15_F18_I3_p002.jpg) did not see until they were in print. As there were additional particulars brought out by a letter from St. George, I have waited until it and the reply thereto could be printed, so that you could have all before you. These were not printed when I left home, and I left instructions to have them forwarded to me at this point. Enclosed please find ^ a copy. In the most of the Southern Settlements the people have been working in the United Order. I have conversed freely with the people upon the subject, drawing out their objections, the difficulties they have had to contend with, &c., and I am ex- ceedingly pleased at the results. The majority of the people desire to know what to do and how they had better operate, and they appear willing to carry that out. They are not discouraged by the experience of this season. This I think a great point gained. The general testimony is that more can be accomplished by the same amount of labor under the United Order than by each working for himself, though in some places, where men became indifferent in consequence of the uncertainty which ----- new page (VMSS792_S3_SS8_B15_F18_I3_p003.jpg) seemed to prevail as to the system under which they were to work, also because of the many false rumors there were afloat, there was not so much labor perform- ed and such good crops raised as there would have been had all continued to work as they did in pre- vious years. Since leaving home I have visited upwards of twenty settlements where the people have been labor- ing in the United Order during. the season of farm cultivation; but at no place have I had the pleas- ure which I experienced at Price city, a new place named after Hon. E. K. Price of Philadelphia, on the Rio Virgen. The present city is composed of a few uninviting shanties, which have been occupied by between forty and fifty persons. They have lived and labored together through the entire season as one family, and the results to my mind have been most satisfactory. The Superintendent is named Baker, an excellent farmer and a fine spirited, fatherly man, who, though he may not have studied books to any extent, has not neglected the study of human nature. The Secretary is Samuel Miles, an intelligent, genial man, one of the old Mormon ----- new page (VMSS792_S3_SS8_B15_F18_I3_p004.jpg) Battalion, and a Zealous believer in the entire prac- ticability of the principle which they are testing. Several of the families are Swiss. They have family prayers night and morning, all improper language is forbidden and at breakfast the best method of performing the labors of the day is discussed. They have not had a jar, and all express themselves as being contented. This contentment in the midst of the inconveniences of their position I was scarcely prepared for. With improved apparatus for cooking, washing, &c., and suitable buildings, the household labor could be greatly reduced and the comfort of all be increased. If they continue, as they appear determined to do, these improvements will doubtless be reached. When I left home our friend’s health was very good and he was in excellent spirits, full of the determination to push forward the organization of the people. I never saw him more Zealous upon any point than this. He does not mind the annoyances to which his opponents wish to subject him. Your numerous friends here have been eager to hear about yourself, Mrs. Kane and the boys. I have been told by many to be sure and give you their love if I should see you. I expect to leave here to visit the Western Settlements in the morning and hope to reach my home Oct.3. With love to yourself and kind remembrances to Mrs. Kane and the children I remain Major. Gen. Thos. S. Kane Your Friend, Geo. Q. Cannon [The following is written sideways on the left side of the page] I have wished I could converse with you upon the enclosed Articles and By Laws. I think of this almost every day. ----- new page (VMSS792_S3_SS8_B15_F18_I3_p005.jpg) P A I D Wells, Fargo & Co. OVER OUR CALIFORNIA AND COAST ROUTES. Major. Gen. Thos. L. Kan Kane, McKean [-] ----- new page (VMSS792_S3_SS8_B15_F18_I4_p001.jpg) House of Representatives, Washington, D. C., Jan. 24th, 1875. My dear General: Accompanying this you will receive the Mss. speech. I place it in your hands with the desire and hope that you will criticise it freely and without the slightest fear of any feeling but your thankfulness upon my part for ^ consenting to be thus troubled. Please cut out, add to, transpose paragraphs, change language or anything else, and I shall feel obliged. As I cannot expect to get time to de- liver it all, for I shall not want to trespass upon the patience of the House, and there may be parts more which it may not be ^ wise to omit in its delivery, I shall feel much obliged to you if you will be so kind as to indicate that which you think I had better read and that which I had better omit. Fifteen ----- new page (VMSS792_S3_SS8_B15_F18_I4_p002.jpg) or twenty minutes at the farthest was the space I thought of occupying. I would like to receive it on Tuesday at the latest evening or ^ Wendesday morning. I think I can get the consideration of the case postponed till then. I sincerely hope that the health of your family is steadily improving and that all will soon enjoy rigorous health. With kind regards I am Your Friend, Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F18_I4_p003.jpg) Major– Gen. Thos. L. Kane, 1024 Clinton Street, Philadelphia, Penn. ----- new page (VMSS792_S3_SS8_B15_F18_I5_p001.jpg) House of Representatives, Washington, D.C., Feb. 9th, 1875 My dear General: Your kind and encouraging favor of the 3rd inst., with the manuscript, was duly received, and would have been answered sooner had I not expected from day to day some action upon my case which would enable me to write something definite. On Saturday, an attempt was made to bring it up; but, as you will see by the accom- panying clipping from the Record, Mr. Robs. f. Hale of New York, raised the point of order that it was not a privileged question. Again, to-day, Mr. Smith tried to bring it up, and with what result you will see by the accompanying clipping from the Record. Twenty-two only voted upon the question to consider. ----- new page (VMSS792_S3_SS8_B15_F18_I5_p002.jpg) Had the House voted to consider, then the point of order would have required a decision. Upon this the Speaker has been reticent; but I have reason to believe that he would have decided that is not a privileged report. Without presuming to give the Speaker's view I will give you a lead- ing Member's idea of the case. If a Delegate is a Member within the meaning of the Constitution, then he cannot be expelled by any vote short of two-thirds, and the report becomes one of privilege. But he is not a member; he can be expelled by a majority vote. This being the case it follows that a report on his case is not one of privilege, that ap- plying to Members only. If I were to guess, I should say that this is not far from the Speaker's view. I understand Mr. Hale, who is a strong legal man in the House, was clearly of Judge Harrison's opinion that it would have required a vote of two-thirds to expel, and wanted to get as much time as he ----- new page (VMSS792_S3_SS8_B15_F18_I5_p003.jpg) . House of Representatives, Washington, D.C.,.......................187 . could to discuss that point. Other strong men take a different view. Several Members came to me and said, "Well, Mr. Cannon, the Lord is on your side still." Judge Harrison, who was very much pleased at the result, remarked to me that it was a lucky combination, the Hennepin Canal men and the Indian Appropriation men all wanting the floor. I replied that it was in that I saw the special providence. If I could only lead men to believe in God sufficiently to think that he takes cognizance of their affairs, and to think that he would hear them if they would appeal to him, I would feel that if no other result followed my being here, I was amply rewarded. The unbelief of men in ----- new page (VMSS792_S3_SS8_B15_F18_I5_p004.jpg) God's providence is surprisingly great. I have impressed a number of my fellow members suffic- iently with my ideas that they appear to be struck with the reflection that after all, there may be something in it. I am very much obliged to you for your kindness in revising the speech I had prepared and for your words of encouragement. I agree with you respecting the part I had crossed with pencil, to give utterance to it if I had reason to believe that the resoultuion to exclude (the Committee use that instead of expel) would be adopt- ed. I trust that the health of Mrs. Kane, Miss Harriet and the boys continues to improve, and that your own health is good. This is my daily desire. With kind regards to you and them, I am, Your Friend, Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F18_I5_p005.jpg) NAL RECORD. Mr. RANDALL. I understand that four out of five members of the committee make the majority report. They can make any arrange- ment with the single gentleman of the minority they please ; but the House never recognizes minority reports. The SPEAKER. Minority reports are matters of courtesy. Mr. WARD, of Illinois. If there is any question about it, I will enter a motion to reconsider the order recommitting the minority report. Mr. WILLARD, of Vermont. Can the gentleman do that ? The SPEAKER. The Chair thinks not. That would give the minority a privilege which does not belong to them. Mr. RANDALL. The minority report comes in as a matter of cour- tesy simply. Mr. POLAND. So far as the majority of the committee are con- cerned, we will throw no obstacles in the way of this being brought before the House. The SPEAKER. The Chair apprehends that this can be regulated by the committee itself. Mr. HYNES. I submit that when the House orders the report of the minority to be recommitted, the gentleman from Illinois has then the right to enter a motion to reconsider. Mr. RANDALL. It only comes in by courtesy. Mr. HYNES. But its position is changed when it is sent back to the committee. The House has then taken action on it. The SPEAKER. It is practically not an accomplished fact. It is a matter pendente lite. It is still under advisement. Mr. SAYLER, of Ohio. I understand that the committee has the privilege to report at any time. The SPEAKER. It has. Mr. CESSNA. But if the committee should decline to report now, in what way would the minority be able to get its view acted on by the House except by a two-thirds vote ? The SPEAKER. The Chair knows no such way. The minority of this committee are in exactly the same position as the minority of any other committee. The committee is represented by the majority. Mr. CESSNA. If amotion to reconsider the vote recommitting the majority report is not entered, I will enter that motion. The SPEAKER. The gentleman from Pennsylvania will observe that the gentleman from Vermont [Mr. Poland] makes a report for and on behalf of the committee; and the gentleman from Illinois [Mr. Ward] asks consent to present the views of the minority. It is merely a matter of courtesy and by unanimous consent. Mr.CESSNA. I understand that very well; but the majority report, as has been indicated by the chairman of the committee, recommends no action whatever. An order has been made for the printing and recommittal of that report. If, therefore, the majority should desire no further action, they will make no further report; and on behalf of the minority I desire to enter a motion to reconsider. Mr. RANDALL. The gentleman will observe that a single member may object to a minority report. Mr. CESSNA. I am not speaking of the minority report at all. But if a motion to reconsider the vote recommitting the majority report is entered, and we can then bring before the House both the minority and majority reports, that is all that is required. The SPEAKER. That may be done. A motion to reconsider the vote recommitting the report of the majority may be entered. That would be in order. Mr. WOOD. There is no such thing as a minority report, and can- not be under the rules of the House. Mr. HYNES. I do not dispute that well-known parliamentary rule that a minority report can come in only by unanimous consent. But when it is once in by courtesy and when it has been recommitted, that under the rules becomes action on the part of the House, so that the case does not come within the objection raised by the gentleman from New York; and the attention of the Chair having been subse- quently directed to other business, I think the entering of a motion to reconsider is clearly within the rule. The SPEAKER. Not only is the gentleman from Arkansas wholly wrong, but he would gain nothing by what he proposes, because a motion to reconsider the vote by which the report of the committee was recommitted is as good as the other motion, and the other mo- tion is wholly and absolutely irregular. Mr. POLAND. I will myself enter a motion to reconsider the vote by which the report was recommitted. The SPEAKER. The gentlemen from Arkansas will observe that if the Chair recoguized the practice of entering a motion to reconsider the vote by which a minority report was recommitted, it would disar- range the whole business of the House. Mr. HYNES. Does the motion of the gentleman from Vermont ----- new page (VMSS792_S3_SS8_B15_F18_I5_p006.jpg) CONGRESSION The SPEAKER. Not at this time. The gentleman from Vermont, [Mr. POLAND,] stated what ought to he sufficient for the House, that the intention is to report this matter hack at a time which the com- mittee may agree upon. As a further evidence of his good faith in the matter he has himself moved to reconsider the vote by which the report was recommitted. Mr. MAYNARD. When the matter comes before the House, the views of the minority can be presented. The SPEAKER. Certainly; whatever the House chooses it can substitute for the report of the committee. Mr. CESSNA. The action of the gentleman from Vermont [Mr. POLAND] is entirely satisfactory. Mr. HAWLEY, of Illinois. I call for the regular order. Mr. SMITH, of New York. I desire to call up the report of the Committee on Elections in the case of the Delegate from Utah, and I move to postpone the special order in order to take up that subject. Mr. HAWLEY, of Illinois. The bill I desire to bring before the House has been postponed for three days, and I supposed, it was un- derstood by everybody that to-day would be devoted to its considera- tion. It is the Hennepin canal bill. I have sought in every way in the world to accommodate the business of the House ; but I will not to-day under the circumstances give way to any other business unless I am obliged to do so. Mr. MAYNARD. I desire to make a parliamentary inquiry. I have been trying for the best part of an hour to get the regular or- der. The Chair evidently was of the opinion that I was trying for what was impracticable. What is the regular order ? The SPEAKER. The regular order just now was the right of the gentleman from Vermont [Mr. POLAND] to report at any time, and the question now is upon the Hennepin canal bill as it comes over as unfinished business from yesterday. The gentleman from New York, [Mr. SMITH,] however, the chairman of the Committee on Elections, desires a further postponement with a view to the House proceeding with the consideration of the report of that committee in relation to the Delegate from Utah. Mr. MAYNARD. I will state very frankly that what I am trying to get at is to reach the bill in regard to the Freedman's Savings Bank in the morning hour. The SPEAKER. That bill is in the morning hour, but this bill in relation to the Hennepin canal bill comes up as unfinished busi- ness. It is competent for the House to postpone it until after the morning hour; but if the House chooses, its consideration cannot be interrupted. Mr. HAWLEY, of Illinois. I call for the regular order. The SPEAKER. The Chair thinks the gentleman from New York [Mr. SMITH] has a right to call up the privileged question which he desires to call up; but the gentleman from Illinois having charge of the Hennepin canal bill has a right to raise the question of consider- ation, and the question is whether the House will consider the report of the Committee on Elections in relation to the Delegate from Utah. Mr. HALE, of New York. I rise to a question of order. I beg to call the attention of the Speaker to the question whether the report of the Committee on Elections, on which action is now asked, is a privileged report? The SPEAKER. The Chair has not really examined the reoprt. Mr. HALE, of New York. I wish to call attention to this point. The report closes with a resolution that the Delegate from Utah hav- ing been guilty of certain violations of law is deemed unworthy to occupy a seat in the House of Representatives as such Delegate and that he be "excluded" therefrom. My point of order is this, that a motion to exclude a Delegate or a Member from this floor is not a privileged question within the rules. The SPEAKER. The Chair would rather reserve his ruling on that point if the gentleman will allow the regular order to proceed. The Chair would rather look into the question closely than decide it eo instanti. Mr. SMITH, of New York. It is well settled by parliamentary authority that a question of the exclusion of a member is equivalent to expulsion; it is a milder form of expulsion. Mr. HALE, of New York. If the question is debatable, I desire to be heard also. The SPEAKER. The Chair would rather the question should be postponed until it properly arises, if the gentleman will waive it. Mr. BUTLER, of Massachusetts. I want to call the attention of the Chair to the fact that this resolution relates not to a Member but to a Delegate. The SPEAKER. The Chair will examine the question closely. ----- new page (VMSS792_S3_SS8_B15_F18_I5_p007.jpg) [---]AL RECORD. February 10, ORDER OF BUSINESS. Mr. LOUGHRIDGE. I move that the rules be suspended and that the House go into Committee of the Whole on the Indian appropria- tion bill. The SPEAKER. Pending that, the gentleman from New York, [Mr. SMITH,] the chairman of the Committee on Elections, rises to what he claims to be a privileged question. Mr. SMITH, of New York. I call up the report of the Committee on Elections in regard to the charges made against the Delegate from Utah Territory. Mr. GARFIELD. I hope the House will go into Committee of the Whole now. Mr. LOUGHRIDGE. I raise the question of consideration in re- gard to the question submitted by the gentleman from New York, [Mr. SMITH.] The SPEAKER. The gentleman from New York, [Mr. Hale,] the colleague of the gentleman now on the floor, raised a point of order on this report of the Committee on Elections. The Chair does not see that gentleman in his seat at this moment. Mr. SMITH, of New York. Two gentlemen raised the point of order; the gentleman from New York [Mr. HALE] and the gentle- man from Massachusetts, [Mr. BUTLER.] The gentleman from Mas- sachusetts is here now. For two weeks the Committee on Elections have been endeavoring to get the floor to report this resolution. It would be a very unseemly thing that a resolution like this should be adopted in the very closing days of this Congress; and if the House should refuse to consider the resolution now, its action would be equivalent to tabling the resolu- tion. I have myself no feeling about it. The committee simply desires to discharge its duty. Mr. GARFIELD. It would require two days' debate. Mr. SMITH, of New York. We propose to have it disposed of in two hours. That is the understanding between the gentlemen who will make the leading speeches on behalf of the majority and the minority of the committee. The gentlemen representing respectively the ma- jority and minority of the committee have agreed that the debate shall be limited to two hours. The SPEAKER. The Clerk will read the resolution reported by the Committee on Elections. The Clerk read as follows: Resolved, That GEORGE Q. CANNON, Delegate from Utah, being found, upon due consideration of the evidence submitted, and not controverted by said CANNON, to be an actual polygamist, and to have married his fourth wife, having three other wives then living, in the month of August, 1865, in open and notorious violation of the law of July 1, 1862, forbidding such marriage and declaring the same to be a crime punishable both by fine and imprisonment, and it appearing that he still maintains his polygamous practices in defiance of law, is deemed unworthy to occupy a seat in the House of Representatives as such Delegate, and that he be excluded therefrom. The SPEAKER. The gentleman from Iowa [Mr. LOUGHRIDGE] raises upon this resolution the question of its consideration at this time. Mr. DAWES. Back of that is the other question, whether it is before the House at all. The SPEAKER. The Chair thinks not. Until the question of con- sideration is decided the resolution would not be sufficiently before the House to have a ruling upon the point of order. The ruling upon the point made by the gentleman from New York [Mr. HALE] could not be reached if the House refused to consider the resolution. Mr. DAWES. The Chair then decides that the point of order is not waived by the House agreeing to take the resolution into considera- tion. The SPEAKER. The point of order is not thereby waived. The resolution will be subject of course to the point of order, whatever weight that may have, after the House passes upon the question of consideration. The point of order is in the nature of debate, and can- not be entertained against the point of consideration, which must be decided instanter. Mr. DAWES. I think the Chair is right in that ruling. The question being put on considering at this time the resoulution reported by the Committee on Elections, there were ayes 22, noes not counted. So the House refused to consider the resolution at this time. Mr. LOUGHRIDGE. I now move that the House resolve itself into Committee of the Whole on the Indian appropriation bill; and pending that motion I move that all amendments be confined to the Choctaw and Chicksaw portions of the bill. The SPEAKER. Gentlemen will remember that the bill, on coming out of the Committee of the Whole, had been gone over paragraph by paragraph. It was recommitted, and now stands really as an original bill. But it was recommitted, upon two points, the Choctaw and Chicksaw amendments, so called. The gentleman from Iowa [Mr. LOUGHRIDGE] asks that all the remainder of the bill may be considered as agreed to when the House goes into Committee of the Whole, and that the consideration by the Committee of the Whole be limited to those two points. Mr. HALE, of Maine. With the understanding that a separate vote may be taken on those in the House. Mr. LOUGHRIDGE. Certainly. The SPEAKER. That of course will be done if the gentleman from Iowa does not call the previous question. The gentleman who has charge of the bill can agree not to call the previous question when the committee reports. Mr. HOLMAN. This being an original bill, those provisions are in the bill; and if not stricken out in the Committee of the Whole, there would not be a vote on them when reported back to the House. The SPEAKER. But if the gentleman does not demand the pre- vious question, then a motion to strike out those amendments will be in order in the House. ----- new page (VMSS792_S3_SS8_B15_F18_I5_p008.jpg) 1875 CONGRESSIO[-] evident to every one that they are a class of people wholly unworthy to be intrusted with the right of American citizenship. Mr. POLAND. I now yield to the gentleman from Ohio, [Mr. SAYLER.] Mr. SAYLER, of Ohio. I desire to say but a few words. I hope the amendment of the gentleman from Vermont [Mr. WILLARD] will not prevail. More than that, I hope that no discussion in regard to its merits will be entered into by the House. My reason for desiring that the amendment shall not prevail is not based on the merits or demerits of the proposition in any possible sense. I hope that no vote which will be cast by any gentleman with reference to it will be cast upon that basis. The Committee on the Revision of the Laws pledged themselves to give to the House, so far as they were able, in a single volume, a faithful transcript of the laws of the country. Now, in making that revision, this particular clause was by inadvert- ence omitted. We propose faithfully and in the honest discharge of the trust committed to us by the House to restore the law to what it really was. If that law is wrong, let there be separate and special legislation to effect a change. In the statutes of the United States there are no doubt many things which a great many gentlemen in this House would like to have corrected or changed in some manner; but it was never made the duty of this committee to undertake such changes. I hope, therefore, that this amendment of the gentleman from Vermont [Mr. WILLARD] will not even be entertained or dis- cussed upon its merits, but that the bill as reported by the chairman of our committee will be adopted at once as the sense of the House, and as containing those amendments only which are necessary to make the work already reported what it was designed to be—an exact transcript of the laws of the United States. Mr. RANDALL. I raise the point that the amendment of the gen- tleman from Vermont [Mr. WILLARD] is not proper here. It is not within the province of this committee to do otherwise than simply to revise existing laws. The SPEAKER. As the Chair understands, the gentleman raises the point that the object of the bill is simply to correct errors in the revision, and not for the purpose of introducing new legislation changing the statutes. Does the Chair understand that new legisla- tion is proposed? Mr. POLAND. It is claimed that the revision as made at the last session of Congress did change the law. Our proposition now is to make it certain that the law is not changed—to restore the law as it existed prior to the revision. The SPEAKER. That would of course be in the line of what the Chair understands to be the province of the committee. Mr. POLAND. My colleague [Mr. WILLARD] says that although this particular change was made by somebody's mistake, it has made the law better and therefore ought to be retained. Mr. RANDALL. If I understand the matter, the Committee on the Revision in their work of last session omitted something, and now they want to supply the omission by inserting the word "white." So far I believe the proceeding is correct. But the amendment of the gentleman from Vermont [Mr. WILLARD] goes farther and practically proposes to adopt new legislation. Mr. SPEER. To strike out a portion of the existing law. The SPEAKER. The gentleman from Vermont [Mr. POLAND,] as the Chair understands, proposes to restore the law to precisely what it was, although it was not so incorporated in the revision. Mr. RANDALL. That is the report of the committee. Mr. SPEER. But there is an amendment of the other gentleman from Vermont [Mr. WILLARD] which proposes to strike out a portion of the existing law. Mr. E.R. HOAR. Mr. Speaker, I wish to appeal to members of the House—to my friend from Vermont [Mr. WILLARD] among others— because it seems to me that this question involves the whole action of the House on this subject at the last session, if not the honor and good faith of the committee. We did our very best (getting all the assistance we could, calling on every member of the House to assist us) that our revision of the laws should not change the existing law in any particular. It has been discovered that by misprints—by an occasional omission of a word, by perhaps some misapprehension of the revisers as to the effect of a phrase—the law in our judgment has been changed in some particulars by that revision. We have now introduced a bill simply to restore the law to what it was; and I think members of the House should not (because they may think particular legislation desirable) endeavor to hold on to what was accidentally done, without its being understood by the House or the committee. I submit that we should pass this bill just as it is; and if a change of the law upon any point be desired, let it be done by affirmative legislation. Mr. WILLARD, of Vermont. I withdraw my amendment; but in doing so I desire to say that I should not have offered it, except for the reasons I have already stated. The matter had been submitted to the Committee on Foreign Affairs, of which the gentleman from Massachusetts [Mr. E.R. HOAR] is a member. The whole question was brought before our committee— Mr. PAGE. I object to the gentleman stating anything that oc- curred in the committee. Mr. WILLARD, of Vermont. I desire to say only that the whole subject was considered by the committee, who authorized me to re- port back the bill referred to us, restoring the law as now proposed SEC. 2. That the Secretary of State is hereby authorized to make [---] ment with persons engaged in the business of selling books to keep for sale the Revised Statutes of the United States, but in any such arrangement it shall be provided the same shall be sold at the Government price to all purchasers; and the Secretary may allow to any such person keeping the Revised Statutes for sale such part of the 10 per cent, above the actual cost as he may deem just and reasonable. The SPEAKER. Does the gentleman wish the bill to be referred to the Committee on Printing? Mr. POLAND. No ; I desire it shall be put on its passage. It merely provides for the distribution of these documents. They are ----- new page (VMSS792_S3_SS8_B15_F18_I5_p009.jpg) Cornell Senate Gen. Tho. L Kane Kane Mckean County Pa ----- new page (VMSS792_S3_SS8_B15_F18_I6_p001.jpg) House of Representatives U.S. Washington, D. C., March 3, 1876. My Dear General: I trust that yourself and family are in the enjoyment of good health. The next day after we parted I made the inquiries we spoke about concerning the grants of land, and found that the Acts under which these had been obtained varied in their terms. In the Committee of Public Lands I found a Mss. letter from the Acting Com- missioner of the Gen. Land Office to Mr. Say- ler, the Chairman of the Com., which contains in a convenient form the most, if not all, of the desired information. I would have had it copied at the time and sent to you; but I was told that it would be unnecessary labor, as it was the intention to ask the House at the first opportunity to have it printed. This did was not done, however, for several days. Accompanying this I send you a copy. ----- new page (VMSS792_S3_SS8_B15_F18_I6_p002.jpg) Yesterday was a most exciting time here. A painful sense of sadness oppressed the greater por- tion of the Members. Many were made sick by the news of the criminality. The rumor was prevalent for sometime in the House that Belknap had shot himself. It did not seem incredible after the reve- lations of his wrong-doing. There is a great quaking in various quarters. The idea is very prevalent that the investigating committees are on the threshold of other discoveries equally as repulsive as this. This exposure will have the effect to give time and energy to the Committees, who ha were beginning to feel discouraged at their want of success. They have tasted blood now, and they will work with an eager zeal that has heretofore been wanting. The Democrats are on their mettle and the Repub- licans already show the absence of nerve, however great the disinclination may be, to thwart them in their propositions and proceedings looking towards thorough and searching scrutiny. Blaine called this development "another Bull Run," and he and the party looked exceedingly grave. With kind regards to yourself, Mrs. Kane and the family, in which Mrs. Cannon joins, I am Your Friend, Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F18_I6_p003.jpg) Major- Gen. Thos. L. Kane, Sapierre House, Philadelphia, Penn. — ----- new page (VMSS792_S3_SS8_B15_F18_I7_p001.jpg) House of Representatives U.S. Washington, D.C. June 19th, 1876. My dear General: Your favor of the 15th instant has been received and perused with pleasure. Had I known that you been were at Cincinnati, I should have ^ greatly tempted to have gone there. Friend Roundy, of whom we spoke, was drowned, greatly to the regret of all who knew him, in the Colorado River on the 24th ult. Mr. Jones is on his way back, I see, and at last accounts had reached U. S. territory. Nothing very definite has appeared respecting his success, though the impression is that he and his party have done well; the reports from those who stopped en route are that they were doing very well. My views are unchanged respecting the enterprise of which we spoke. A Mr. Green, of whom I made incidental mention to you, has ----- new page (VMSS792_S3_SS8_B15_F18_I7_p002.jpg) sought an interview with me for the purpose of impressing me with the advantages of the particu- lar region of which we conversed, and of the great service he could be to my friends and myself through his familiarity with the country and people. I was struck with the remarkable confirmation of your ideas respecting the char- acter of the country, the ease with which it could be obtained and the causes which have led to its abandonment, conveyed to me by his remarks. The Lamanites have troubled them; on our part they dread them because of the carlessness ^ in observing treaty obligations. To this cause many of their troubles are due. They would like a barrier, such as you suggested, between them and these dreaded neighbors. This feeling would one make the enterprise an acceptable and welcome ^ to them. I asked questions and listened. He wanted encouragement, did his best to impress me with the great advantages which his scheme presented. Everything was ripe among the popu- lation, &c. His plan embraced an abandonment of present locations, &c. On my part this could not be thought of. There were insuperable objections ----- new page (VMSS792_S3_SS8_B15_F18_I7_p003.jpg) to such a plan. I could not give the least en- couragement to him; in fact, my people were deter- mined to hold fast to that which had been ac- quired and made valuable by so much toil and sacrifice. He expressed the wish to see me again upon the subject. He speaks highly of the high lands. If I had needed confirmation of your views, and to be strengthened in the perfect feas- ibility of your sketch of operations, this conver- sation, unsought and conveyed to me in total igno- rance of all that was in my mind, this would have these effects upon me. At present the prospect is that we shall be kept here into the month of August. Every one wishes to get away; but the want of harmony between the House and the Senate prevents any arrangement being reached. I hope yourself, Mrs. Kane and all the family are well. Mrs. Cannon, who may return home this week, joins me in kind regards to yourself and Mrs. Kane and the family I am, Very Respectfully, Your Friend, Major. Gen. Thos. S. Kane. Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F18_I8_p001.jpg) Washington, June 27/76. My dear General: is This ^ better news than I had heard, and it runs in the channel of your own views, as I un- derstood them, and agrees with the statement of Mr. Green as to the dispo- sition of the people of that region. I am much gratified to learn of the intention of [-]ur young friend to call upon you and also to return home at so early a date. I trust he will be able to carry out both these ----- new page (VMSS792_S3_SS8_B15_F18_I8_p002.jpg) intentions and at as early a date as he mentions. The weather here is very hot. Every one whom I hear speak desires an ad- journment; but the absence of harmony between the two branches prevents an agreement being reached. With the kindest regards to yourself, Mrs. Kane and the family I am, Your Friend, Major. Gen. T. L. Kane, Geo. Q. Cannon Kane, Pa. ----- new page (VMSS792_S3_SS8_B15_F19_I1_p001.jpg) House of Representatives, Washington, D. C., Feby. 21st, 1877. My dear General: I send you to-day several copies of House Res. 191, which has just been printed. The Record which I sent contained a discussion in the Senate over the trans-continental R. Roads that I thought might be of interest to you. I have no doubt the introduction of the Resolu- tion will answer a good purpose, and more matured and considerate action can be had upon it another Session in consequence. From a letter received from Mr. Legrand Young I learn that his cousin, John W., has been speaking to him about coming East on business for him. From this I infer that John W. may not come East ----- new page (VMSS792_S3_SS8_B15_F19_I1_p002.jpg) himself. I ought to have a reply soon from him to a letter I wrote in which I asked him when he was coming down. You learn very fully from the papers what is being done here. The Demo- crats are dreadfully disappointed and chagrined at the decisions rendered; but there are enough of them in favor of sub- mission to the law to restrain the turbulent and violent. With the kindest regards to your- self and family I am, Your Friend, Geo. Q. Cannon Major- Gen. Thos. L. Kane, Philadelphia, Penn. ----- new page (VMSS792_S3_SS8_B15_F19_I2_p001.jpg) House of Representatives, Washington, D.C., Feby. 27th, 1877. My dear General: I have received a dispatch from St. George, which came through in a few hours, in which the sender says: "Health good; lameness going; regards to old friend; what prospect for President?" I have not yet heard anything from John W., though an answer is due. In case he should not come down, can I be the bearer of commu- nications you may desire to send? If I can be of any use please command me. It is prob- able that if nothing occurs to prevent I shall take my departure from here by the eve- ning of Monday, the 5th prox. I trust yourself and family are well. With kind regards, I am, Your Friend, Geo. Q. Cannon Major. Gen. Thos. L. Kane. ----- new page (VMSS792_S3_SS8_B15_F19_I3_p001.jpg) Washington City, March 8th, 1877. My dear General: Your favor of the 2nd with the enclosures came safe- ly to hand. Had I not received them I should have made a trip to Philadelphia. I have been waiting since adjournment to have an interview with mr. Hayes. I hoped that by this time the rush would be partly over; but ----- new page (VMSS792_S3_SS8_B15_F19_I3_p002.jpg) he is still greatly crowded and is likely to be for sometime. I had a conversation with him this morning; but so many interruptions occurred that it was not so full as I wished. He expressed a wish that I should write to him upon our affairs. Gen. Garfield has promised to converse with him upon his policy for Utah and has authorized me to use his name in my correspondence. If he conveys to President Hayes the views he seems to entertain in conversation with me, he can do good. I have also had a free and full conversation with Mr. Foster who coincides with my ideas and promises to take the first oppor- tunity to converse with the President about the proper treatment of Utah. There is a different atmosphere in the White House, and especially about the new incumbent, to that which has prevailed there since I have been here. How long it will continue remains to be seen. There is considerable feel- ing exhibited by radical republicans ----- new page (VMSS792_S3_SS8_B15_F19_I3_p003.jpg) over the nominations for the Cabinet and trouble is predicted. Excuse this scrawl. I start for home this evening. With love I remain Your Friend, Geo. Q. Cannon Major. Gen. Thos. L. Kane, Philadelphia, Pa. ----- new page (VMSS792_S3_SS8_B15_F19_I4_p001.jpg) [preprinted text indicated by bold font] Blank No. H. THE WESTERN UNION TELEGRAPH COMPANY. This Company transmits and delivers messages only on conditions, limiting its liability, which have been assented to by the sender of the following message. Errors can be guarded against only by repeating a message back to the sending station for comparison, and the Com- pany will not hold itself liable for errors or delays in transmission or delivery of Unrepeated Messages. This message is an unrepeated message and is delivered by request of the sender under the conditions named above. ANSON STAGER, Vice-Pres’t, WILLIAM ORTON, Pres’t, } Chicago, A. R. BREWER, Sec’y, } New York. Dated Salt Lake Utah 29 1877 Received at Kane, Aug 30th 9.20 am To Genl Thos L Kane Kane Pa President Brigham Young died at one minute past four this afternoon of Inflamation of the Bowels superinduced by Cholera Morbus Jno W Young Geo Q Cannon D H Wells & B Young Jr 29 paid Co & S v T.L. Kane left for Salt Lake City—Sept 6. 1877 [The following line is written sideways on the left side of page. READ THE NOTICE AT THE TOP. ----- new page (VMSS792_S3_SS8_B15_F19_I5_p001.jpg) Unaverdably in haste Nov. 9. 77 My dear Sir: I am saved the necessity of writing to you by the implicit confidence which I can upose in the gentlemen who bear you this. They will explain the business arrangements which it is proposed to make and which it is not desireable to divulge too freely: They are also fully instructed – if you shall desire it – to take measures to secure your future private corres- pondence with me. I have also on this the last day of President Taylor our intercourse, dwelt to Brigham at some length upon my understanding of the last views of his Father. Time lost cannot be recovered in some directions, perhaps; but, on the subjects of Mutual Insurance, saving Funds, the reduction of interests rates, and Education, it will I have nodoubt please you to hear those views corroborated which I have had the gratification of hearing you express. From the limited attention which I have been able President Taylor. ----- new page (VMSS792_S3_SS8_B15_F19_I5_p002.jpg) to give to Mercan affairs in New York and Washington, I would simply deplore that the occasion was lost for with profiting by the arrangements which I concluded by ^ the Serdists ._ You might have been in presence now, with your trecely rights secured, accross the line. General Diaz wishes to appoint Mr. M. de Zamacona, a gentleman with whom I have had some agreeable personal in- tercourse on the subject of Colonization, his minister to the United states, in the event of a recognition. Perhaps an arrangement can be made through Mr. Z. for a land grant, the remission of duties, and the like; but the grave question is first to be decided: is the extension southward to be further encouraged by you; If it is to be, I think you should have fuller general information respecting the country south of your present frontier settlements, particularly that intervening between them and the sea. I had intended to visit the upper of aqui & May[-] countries myself, this winter, reaching up as high at least as the line between the W. S. and Mexico, but I can do more for you at home. On this delicate subject, I will, if requested communicate with your fa[-]ther confidentially, Remember me always as your friend to serve you. ----- new page (VMSS792_S3_SS8_B15_F19_I5_p003.jpg) Sent from The Grand Pacific Hotel, Chicago. Gen Thomas L. Kane Kane Mckean Co Penna ----- new page (VMSS792_S3_SS8_B15_F19_I6_p001.jpg) House of Representatives U.S. Washington, D.C. Dec. 6th, 1877 My dear General: I left home on Wednesday, the 28th ult. and reached here on Tuesday, the 4th. It would have been a very great pleasure to me to have called upon you; but I felt uneasy to reach here. Judge Smith promised to write to you. He fully approves of the scheme proposed. J. T. speaks more guardedly. He expresses his approval of the general plan; but does not endorse it, as yet, as unqualifiedly as W. W. He spoke of more conduits or intermediaries than the two mentioned. I said to him that if my own name had not been mentioned in connection with this, I should speak strongly against the multiplication of trusts. I do not know whether this idea was his own, or had been suggested to him. Y. D. R. expressed his approval of the general plan, and all whom I have named appeared to see the force of your reasoning on the ----- new page (VMSS792_S3_SS8_B15_F19_I6_p003.jpg) him. I sent the enclosed answer. You will soon receive his letter and papers, via New York, and I shall be greatly pleased to get your views thereon. We led him to expect a decision far from us when we got your views as to how ^ we could legally go, not intimating to him any- thing concerning Mr. C's employment. I cannot help pitying J. W. He has in many respects done nobly, and I hope he will continue to do so. It is now probable that Congress will take a recess sufficiently long to admit of my spending a few days at home. If so, I now feel disposed to avail myself of the opportunity. With love to yourself and family and earnestly desiring your prosperity I am, as ever, Your Friend, Geo. Q. Cannon Major- Gen. Thos. L. Kane, } Kane, McKean Co., Penn } ----- new page (VMSS792_S3_SS8_B15_F19_I6_p004.jpg) House of Representatives, Washington, D C.,................,187 (Copy of Dispatch no. 1) Salt Lake City, Dec. 5/77. Smoot, Groesbeck and McKean (appraisers of the estate) report bonds (Utah Western) worth fifty without past due coupons. Number hy- pothecated one hundred fifty five with twenty seven thousand past due coupons on amount due on them seventy one thousand. Le Grand says statute amply protects you in going ahead. Communicate with friend. Sent full reports. Answer. (signed,) John W. Young. (copy of dispatch no. 2) Salt Lake, Dec. 5/77. Suit pending fourteen thousand five hundred. Thirty four bonds collateral; eight thousand back coupons. Bonds sold but will be redeliv- ered if thirty-five hundred paid now give time on balance if suit commenced lose chance of redemption you have right now to act as ----- new page (VMSS792_S3_SS8_B15_F19_I6_p005.jpg) bonds are valued at fifty, Brigham stands ready to act on your telegram. Answer. (Signed) John W. Young (copy of Answer to above) Your statement received. Seems but or- dinary business for executors to pay thirty five hundred, get time on balance and secure redemption of bonds. Tell them I am willing to act with them in doing this (signed) Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F19_I6_p006.jpg) Major- Gen. Thos. L. Kane Mc[-] ----- new page (VMSS792_S3_SS8_B15_F19_I7_p001.jpg) Philadelphia, Dec. 15, 1877. My dear General: It was my in- tention to have seen you at the train before you left; but I was prevented by bus- iness from doing so. I promised to learn respecting the Texas Pacific. The Com- mittee have done nothing but appoint a special sub com- mittee to whom the subject is referred. My friend on the Com. has promised to Keep me advised upon their movements. I reached here ----- new page (VMSS792_S3_SS8_B15_F19_I7_p002.jpg) this morning. I have had two interviews with Mr. Clay and procured from him two paragraphs to be inserted in the Will of him who shall hold the trust. I shall send you a copy, and would like your judgment upon them. We have talked over John W's affairs, and I have asked him to give us a form of assignment that would be binding, &c. When you receive the papers ----- new page (VMSS792_S3_SS8_B15_F19_I7_p003.jpg) which John W. promised to send, and can form some judg- ment as to his condition, then Mr. C. promises to make out such a paper. You, I hope, will be able to give some suggestions in the case. I start for home to- night. Yourself and Mrs. Kane and family are, I trust, well. Please accept my love Your Friend, Geo. Q. Cannon Major-Gen. Thos. L. Kane Kane, McKean Co., Pa. ----- new page (VMSS792_S3_SS8_B15_F20_I1_p001.jpg) House of Representatives, Washington, D C., Jan. 24th, 1878. My dear General: Your favor of the 21st inst. enclosing cheque for $37, 00/100, reached me this morning. I am glad to hear from you, but regret that your wounds trouble you. I think there will be no difficulty in obtaining such an apartment or apart- ments as will suit you near to the Ebbitt and Willard's. There is a house right oppo- site the former hotel where I think you could have the required retirement and a good sleep- ing place. I shall be greatly pleased to see you here, but hope that your health be will not ^ too much tried by your movements. Brigham writes me that a number of the heirs have employed Williams & Young (LeGrand) ----- new page (VMSS792_S3_SS8_B15_F20_I1_p002.jpg) to look after their interests. He has not heard from John W. since I left. He was then on the point of leaving St. George for Arizona. With love, and trusting this will find you with your health improved and Mrs. Kane and the children well I am, Your Friend, Geo. Q. Cannon Major- Gen. Thos. L. Kane, Kane, McKean Co., Penn. ----- new page (VMSS792_S3_SS8_B15_F20_I1_p003.jpg) House of Representatives U. S. Major - Gen. Thos. L. [---] Kane, McKean Co., Penn. ----- new page (VMSS792_S3_SS8_B15_F20_I2_p001.jpg) House of Representatives, Washington, D. C., Jan. 25th, 1878. My dear General: The Com. on Pacific Rail- road have had meetings, but without any special result for or against the Texas and Pacific. Much of the time of their meetings, up to the last meeting or two, has been occu- pied in trying to elect a Chairman. This morning they had a meeting; it was appoint- ed for 1/2 past 9; it was 11 o'clock before they got to work. Mr. Storrs, counsel for the Central Pacific Co. who are building the Southern Pacific, occupied the time and did not reach the conclusion of what he had to say. That Company ask the privi- lege of building the Road for the land have alone; they think they ought to ^ the privilege ----- new page (VMSS792_S3_SS8_B15_F20_I2_p002.jpg) as, in distinction from the Texas, Pacific, they ask no endorsement of bonds. I cannot learn that there are any reliable indica- tions by which their decision can be safely guessed at. My informant, who is on the Com., thinks the California people have the best prospect at present; but I think that he may have a different idea after hearing the other side. Col. Scott was present, I under- stand, this morning. The consideration of the case will be resumed to-morrow morning. With love, Your Friend, Geo. Q. Cannon P.S. Please read enclosed and [---]. if convenient, return. Major- Gen. Thos. L. Kane, Kane, McKean Co., Penn. ----- new page (VMSS792_S3_SS8_B15_F20_I2_p003.jpg) House of Representatives U. S. Major- Gen. Th[---] Kane, McKean Co., Penn. ----- new page (VMSS792_S3_SS8_B15_F20_I3_p001.jpg) House of Representatives, Washington, D. C., Feby. 3rd, 1878. My dear General: I received the following telegram from President John Taylor yester- day: "Can a blank form for the first class of deeds be forwarded immediately?" I immediately sent a copy to you over the wires which I hope you have received. I am sorry to have to trouble you so much about these matters. There is nothing worthy of especial note transpiring at home at last advices. Everything connected with the Estate and the Church was quiet; but Brigham writes that he wishes I was at home; he feels overburdened. I trust that your health is better ----- new page (VMSS792_S3_SS8_B15_F20_I3_p002.jpg) than it was and that the cooler weather has brought you relief. My friend thinks Texas Pacific does not stand so good as Southern Pacific with the Com. Both have made their argu- ments and the question is submitted to the Com. His sympathies, he says, are with the Texas Pacific; but he thinks the other Com- pany have made propositions which pre- clude the acceptance of those of Texas Pacific. The latter ask the endorsement of bonds, the former do not, but are willing to pro rate with other roads and to let the Gov't. say what the rates shall be, &c. With Kind regards Your Friend, Geo. Q. Cannon. Major-Gen. Thos. L. Kane, Kane, McKean Co., Penn ----- new page (VMSS792_S3_SS8_B15_F20_I4_p001.jpg) House of Representatives, Washington, D. C., Feby. 8th, 1878. My dear General: Your welcome favor, enclosing first form of deed, &c., came duly to hand. I copied it and sent it out immediately. The Committee on Pacific R.R's has not had the Pacific Southern and Texas Pacific before them since I last wrote to you. The Northern Pacific has been under consideration. On Tues- day next the other Roads will come up before the Com. for consideration. I can not learn of any new features to com- to municate with you. ^ The sub. Com. of the Com. on Territories who have had our Bills before ----- new page (VMSS792_S3_SS8_B15_F20_I4_p002.jpg) them have taken some action upon them. On the Bill to admit Utah as a State, Turney (dem.) and Bagley (rep.), on motion by latter to report adversely on Bill, voted aye; J. T. Jones (dem.) voted No. These three were the sub. Com. on this Bill. On the Bill "to regulate the Elective franchise, "&c., Mr. Aldrich (rep.) moved that the Com. should prepare and report a suitable Bill for regulating the elective franchise in Utah – that is a Bill which should give us the secret ballot, but not exclude polygamists — on this the vote stood: Aldrich and Bagley (rep's) aye; Turney and Jones (dem's) No. Cravens (dem.) was absent; he will vote with the dem's. No action was taken on Jury Bill. With love, Your Friend, Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F20_I5_p001.jpg) House of Representatives, Washington, D. C., March 8th, 1878. My dear General: Judging by the way the House is progressing in the calls of Committees it would not be surprising if the Pacific R. R. Com. were reached on Monday or Tuesday. The general impression seems to be not farther than Tuesday. There will be no morning hour on Monday, and the Com. will scarcely try to get in their report on that day. Notwithstanding the Assembly passed a good registration and election law, adopting the secret ballot, our enemies are not suited. They did not want the registration law. Pressure has been brought ----- new page (VMSS792_S3_SS8_B15_F20_I5_p002.jpg) to bear upon the sub, Com. that have had the Bill introduced here under consideration and with a majority of four out of five they have agreed to report the Bill somewhat amend- ed to the full Committee for their action. Mr. Jones of Ala. opposed this decision; but Turney of Pa. and Cravens of Ark. (democrats) and Aldrich of Ill. and Bagley of N. Y. (republicans) favored it. They struck out the part making polygamy a disqualifi- cation. Hoping yourself, Mrs. Kane and the family are well, and with kind regards I am, Your Friend, Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F20_I6_p001.jpg) House of Representatives, Washington, D. C., March 16th, 1878. My dear General: I have had an interview with the Attorney- General respecting the post- ponement of the case of Reynolds vs. U. S. He says the case is one of public importance is and it was desirable to have it put, forward ^ ^ that it bight be settled. He would not be wanting, however, in professional courtesy, he said, and as the Court did not meet till the the 25 inst. and might remain in session a month, he thought there would be ample time for preparation and trial to have it brought on this session. I showed him a dispatch, the following is a copy, but it did not change his views: "Solicitor- Gen. Phillips on 6th writes Reynolds case fixed for 25th. Wants brief immediately. ----- new page (VMSS792_S3_SS8_B15_F20_I6_p002.jpg) None prepared. Is case unalterably advanced?" "John Taylor." I have sent him word respecting the Attorney - General's decision. I am writing by this Mail to Mr. C. as you suggested. I hope you reached home in good health and found Mrs. Kane improved. Respecfully, Your Friend, Geo. Q. Cannon P.S. I hope to get your suggestions as to Counsel, &c. Major - Gen. Thos. L. Kane, Kane, McKean Co., Pa. ----- new page (VMSS792_S3_SS8_B15_F20_I7_p001.jpg) House of Representatives, Washington, D. C., March 20th, 1878. My dear General: I have received a reply from Mr. C. He suggests and recommends Mr. George W. Biddle. "He is, "he says, "not only a lawyer of great prominence, deservedly high in the profession, because of his worth and capacities, but is also a gentleman, who, in a case of this sort, would do it the fullest justice. I know, "he continues, "this to be so, and cannot advise you better than to retain him." He says that if his suggestion should be ac- ceptable, he would be pleased to communicate with Mr. Biddle for us. I shall not reply until I hear from you. ----- new page (VMSS792_S3_SS8_B15_F20_I7_p002.jpg) The full Com. on Ter. agreed yester- day to report the Election Bill for Utah. It is some distance from the door of the Com. room, however, to the Statute book; at least, I hope in this instance it will be found to be so. My present impe[--]tion impression is that it may meet the fate of several of its pre- decessors. The full Com. did not accept the action of the sub. Com. in preserving woman suf- frage – they confine the suffrage to males. This will bring another element into the dis- cussion and call help to aid in its defeat. I can learn nothing new respecting Texas Pacific. Hoping yourself, Mrs. Kane and family are well I remain Your Friend, Major- Gen. Thos. L. Kane, Geo. Q. Cannon Kane, McKean Co., Penn ----- new page (VMSS792_S3_SS8_B15_F20_I7_p003.jpg) House of Representatives U. S. Major- General Thos. L. Kane, Kane, McKean Co., Penn. ----- new page (VMSS792_S3_SS8_B15_F20_I8_p001.jpg) Philadelphia, March 30, 1878. My dear General: It would have add greatly to my pleas- ure if I could hear you talk once more before I leave for home. But I have to go without having this privilege, for if I should wait I would be too late for Conference. I delayed writing to you after receiving your favors, for the reason that I could not see my way clear to go home. My seat is assailed and ----- new page (VMSS792_S3_SS8_B15_F20_I8_p002.jpg) my contestant is there, and is the Bill was pending and ^^ likely to be reported, giving us a new method of conduct- ing elections. It was not till Friday afternoon (yesterday) when I telegraphed you, that I saw clearly I could go. My friends have promised me that all things shall be Kept in abeyance till I return, and that our interests shall not suffer. I feel very clear in my mind about making the visit, and I am very thank- ful for the wise counsel you have given me in your favors ----- new page (VMSS792_S3_SS8_B15_F20_I8_p003.jpg) and shall try and profit by them. It was with considerable persistency and some manage- ment that I got the case post- poned. Mr. Biddle's engage- ments were such that he could not ^ attend to it this term. The Attorney - General, whom, with the Solicitor - General , I saw each three times ^ upon the subject, and once together, seemed deter- mined to press it to trial. Fortunately my acquaintance with the Chief- Justice was such that I could lay the circumstances before them, and ----- new page (VMSS792_S3_SS8_B15_F20_I8_p004.jpg) when the Solicitor- General broached the subject yester- day in open court, and asked for the 1st of May to be set, the Chief- Justice asked him a few questions about the preparation for trial on the other side, after hearing which he suggested that as this was an important case, he thought it ought not to be hurried. They designated Tuesday, Oct. 15th next as the day. I have had an interview with Mr. Biddle to-day. I am very favorably impressed by him. Looking at his face I should take him to be a man of great ----- new page (VMSS792_S3_SS8_B15_F20_I8_p005.jpg) sagacity and courage and with a high sense of honor. He expressed much pleasure at my furnishing him a num- ber of pamphlets bearing upon the principle involved in the case. Mr. C. also ex- pressed a wish to read them, and I promised to send him copies of the same. I am every time more pleased that I visit Philadelphia with the acquaintanceship you have so kindly, and at so much trouble and travel and expense to yourself, formed for us, and Mr. Biddle I feel sure will ----- new page (VMSS792_S3_SS8_B15_F20_I8_p006.jpg) 6 prove a most valuable friend. I send you herewith the letters which I have received from home, and respecting which I should have been greatly pleased to have received your views. I submitted them to Mr. Clay, and I thought in listening to him that your thoughts upon them would be very similar. Though I said nothing to him about any sug- gestions you had made to me, I was struck with his, they were so like yours. I expect to be at home from Friday till Tuesday, if I make connections- perhaps ----- new page (VMSS792_S3_SS8_B15_F20_I8_p007.jpg) 7 till Wednesday morning. If your other numerous cares and engagements would permit I should greatly esteem such a letter, as you allude to in your last, to Pres. T. before I left there to return. I know it is asking a great deal, but a few lines would be very sat- isfactory and grateful to him I am sure. Hoping this will find yourself, Mrs. Kane and the family in good health, and with kind regards and unceas- ing wishes for your prosperity and happiness I am Your Friend, Major- Gen. Thos. L. Kane Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F20_I8_p008.jpg) Major- Gen. Thos. L. Kane, Kane, McKean Co., Penn. ----- new page (VMSS792_S3_SS8_B15_F20_I9_p001.jpg) House of Rep's., Washington, D.C., April 22/78. My dear General: I reached here a few days ago from my hur- ried trip home. Had I known that I would have found you at home on Saturday I should have been much inclined to have made a visit to Kane. An examination of the guide showed me that I could not return on Sunday evening, and as I had business to present to- day to the House, I thought it better not to venture, especially as I was not certain of finding ----- new page (VMSS792_S3_SS8_B15_F20_I9_p002.jpg) you there. There are several little things which I cannot very well write, and I shall take the first opportunity that will be agreeable to you of calling upon you. Arrangements for "physical researches" will be made which I think will be satisfactory to you. I have just received the following dispatch from Messrs. B. Young and A. Carrington: "Will you concur with us in making settlement with heirs whose Mothers are dead as far as it seems prac- ticalbe, leaving sufficient margin in estate to cover contingencies; and also let Alfales have his ----- new page (VMSS792_S3_SS8_B15_F20_I9_p003.jpg) portion on above conditions." I have sent the enclosed copy of a letter to Mr. Clay. I should very much like to get your views upon these points, if you have time to give them your attention. The health of yourself and family is good I hope. Please accept of my regards. I was charged with numerous expressions of love to yourself and Mrs. Kane and your chil- dren when I left home. Your Friend, Major. Gen. Thos. L. Kane, Kane, McKean Co. Geo. Q. Cannon Penn. ----- new page (VMSS792_S3_SS8_B15_F20_I9_p004.jpg) (copy) House of Representatives, Washington, D. C., Apl. 22 .1878. My dear Sir: I have just received a dispatch from Messrs. Young & Carrington, my co- executors, to the following effect: [copy of dispatch in yours] Of course the Will gives us full authority to settle, after a certain time, with the heirs whose mothers are dead, do you think it would be ad- visable for us to take proper steps at present to settle with them? I expect this proposition is being urged by the attorneys whom some of the heirs have employed, and who express the idea very freely that with such an estate the best thing that can be done is to have a speedy settlement and division. Alfales Young, whose name is ----- new page (VMSS792_S3_SS8_B15_F20_I9_p005.jpg) mentioned, is their client, and he is anxious to get his share though his Mother is still living. He is probably one of the most uneasy persons among the heirs, and it might be a relief in some respects to the Executors to have him settled with; but can we do so under the Will? I shall not answer the dispatch until I hear from you. I shall send some papers to Mr. Biddle to-morrow pertaining to the Reynolds' case. Hoping you are in good health, I am, Respectfully, (signed) Geo Q Cannon H. G. Clay, Esq., Philadelphia. ----- new page (VMSS792_S3_SS8_B15_F21_I1_p001.jpg) House of Rep's Washington City, D.C., May 4th, 1878. My dear General: Your favor of the 2nd has been received. I cannot express my feelings at the news which you communi- cate. Mrs. Kane and you have our deepest sympathy, and if our faith can avail anything it will certainly be exercised. I have taken the liberty of writing home to Pres- ident Taylor and Brigham ----- new page (VMSS792_S3_SS8_B15_F21_I1_p002.jpg) upon the subject, and I know there are many humble, faith- ful people whose prayers will ascend with fervor and profound interest and sym- pathy that the operation may be attended with the best and happiest results. If I could be of any benefit, I would gladly has- ten to you; but I thought, under the circumstances, that a visit now would be ill- timed and almost an intrusion. If there is anything I can do, I ----- new page (VMSS792_S3_SS8_B15_F21_I1_p003.jpg) hope you will not fail to com- mand me. We join in the Kindest regards to yourself, Mrs. Kane and family Your Friend, Geo. Q. Cannon Major-Gen. Thos. L. Kane, } Kane, McKean Co., Pa. } ----- new page (VMSS792_S3_SS8_B15_F21_I2_p001.jpg) House of Rep's. Washington, D.C., May 22, 1878. My dear General: I have been very anxious to hear from you, and yourself and family have scarce- ly been out of my thoughts since I last heard from you. If there has been an operation I hope it has been most suc- cessful. The enclosed letter reached me last evening. With most earnest desires for Mrs. Kane's recovery and that you all may be sustained and com- forted I am Your Friend, Major-Gen. Thos. L. Kane. Geo.Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F21_I2_p002.jpg) House of Representatives U. S. Major-Gen. Thos. L. [-]ane Kane McKean Co., Penn. ----- new page (VMSS792_S3_SS8_B15_F21_I3_p001.jpg) House of Rep's., Washington City, D.C., May 27th, 1878. My dear General: Your welcome favor of the 24th has been received and it has brought great relief. We are thankful to know that Mrs. Kane's recovery is now so promising. The ordeal has been a dreadful one and my feelings have been deeply moved. I most ear- nestly desire that her restoration to health may now be complete, and that a long and healthy life – I know it will be useful – stretches out before her, and yourself also. My time at home was closely occupied, The last night I was up all night, and the preceding night nearly all night. I found this to be necessary to enable me to get back here by the time my leave of absence expired. ----- new page (VMSS792_S3_SS8_B15_F21_I3_p002.jpg) My return home at that time was most for- tunate. I felt so, and all the Council felt so. It was due to your suggestion that I returned. To me it seemed impracticable to leave here as circumstances then were; but when I applied myself seriously to the labor of arranging so as to be absent, every- thing came around aright, and I found that I go could go and feel safe. I found a pressing necessity existing for a settlement with the Church. Affairs were in such a condition that this could not be postponed without danger. Feelings on both sides were beginning to show themselves in such a manner that I felt prompt action necessary. Brigham and myself (our co- executor declining to act with us) requested the Twelve to make out the account of what they, from the examination of the auditors, felt was due from the Estate to the Church. ----- new page (VMSS792_S3_SS8_B15_F21_I3_p003.jpg) I drew the papers out as well as I could which they all signed. We settled with them and received from them a receipt in full for all claims against the President and his estate. The minds of all were so engrossed with this business that there was not time to talk over, as I wished, the business which was upper- most in your and my own mind when I left here. I stated fully your views and what you had done and the plan of operations that we had talked over and decided upon as best, to Pres- ident T. He acquiesced in them. I suggested during the Conference two or three names to him. One or two of them struck him favorably. During the last night of my stay I pressed the mat- ter upon his attention again, and with his per- mission talked to Mr. Erasthus S. upon the sub- ject and then talked with them together. Mr. S's acquaintance with men of the right stamp I thought would make him valuable ----- new page (VMSS792_S3_SS8_B15_F21_I3_p004.jpg) in selecting men and arranging details. It was understood between us when we parted that your idea respecting the number, &c., was to be carried out, and that they should be selected and notified so as to make the necessary perpara- tions, and also that the leading man should place himself in communication with you. I came away with that understanding. Whether they have been weakened by the telegraphic dispatches respecting troubles on the border and a new revolution, or not, I cannot say. I infer that they would like to hear from you on those points, and whether your suggestions would be changed or modified by these threatened events. I know they feel grateful for the interest you have taken in them and their affairs and especially in this matter, and they appreciate your exertions so much as to not have a particle of benefit lost through any lack of zealous co-operation upon their part. If you could spare time enough to write your views as fully as you may deem wisdom, I feel that it would be very desirable and would be highly appreciated by them. With love (Mrs. C. joins in Kind regards to Mrs. Kane) and heartfelt wishes for your prosperity and happiness I am Major. Gen. Thos. L. Kane. Your Friend, Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F21_I4_p001.jpg) House of Representatives, Washington, D. C., June 20th, 1878. My dear General: Your very Kind telegram has been received, for which please ac- cept my thanks. Congress adjourned this morning at 7 o'clock. I shall not be able to leave here for three or four days. I hope to reach Kane early in the week. The news you write about Mrs. Kane's health is most welcome. May you both live to a great old age is the most earnest desire of Your Friend, Major-Gen. Thos. L. Kane Geo. Q. Cannon Kane, Penn. ----- new page (VMSS792_S3_SS8_B15_F21_I5_p001.jpg) Salt Lake City, Sept. 6th, 1878. My dear General: Before this will reach you Mr. Staines will doubtless have called upon you and delivered President Taylor's communication to you. My delay in writing to you has arisen from my inability to write anything definite respecting the enterprise. I have brought the subject up several times; but it has been evident to me that in Presi- dent Taylor's mind there has ----- new page (VMSS792_S3_SS8_B15_F21_I5_p002.jpg) not been that clearness of vision and those manifesta- tions of the Spirit which he desires to have before com- mencing any important under- taking. His letter will ex- plain his feelings more fully, He appears to enter heartily into the views which we hold in common upon the subject; but appears to view the con- dition of affairs there at pres- ent as unfavorable to the suc- cessful carrying out of the enterprise. Mr. E. Snow shares in our views and he would ----- new page (VMSS792_S3_SS8_B15_F21_I5_p003.jpg) like to see the programme as sketched by you and report- ed by me carried out. He will probably visit the ad- jacent region this Fall and will be accompanied by suit- able persons to cross the line should an opening offer or should it appear prudent to do so. Since my return I have been kept very closely confined to the business of the Estate. The mothers and children of age united in a petition to the Executors to divide the ----- new page (VMSS792_S3_SS8_B15_F21_I5_p004.jpg) Estate. When I reached home I found the Executors and a board of valuers and al- lotters busily employed in di- viding the property. There has been some annoyance, but considering the number of legatees I think it very won- derful that we have succeed- ed thus far so well in effect- ing settlements. We have a receipt in full from the Church and releases from all all the heirs excepting four with whom we have yet to settle. The sharks have tried to devour; ----- new page (VMSS792_S3_SS8_B15_F21_I5_p005.jpg) but they have been greatly dis- appointed thus far. The general opinion has been, especially among the lawyers, that it would be impossible with so many legatees to escape liti- gation, and many of them have done all in their power to bring it about; but, so far, without success. Brigham and myself have found your advice invaluable, and we have often had occasion to remark how true we had found your views and statements to be. I cannot express to you my thanks and gratitude for ----- new page (VMSS792_S3_SS8_B15_F21_I5_p006.jpg) the interest you have taken in me and the valuable sugges- tions and counsel you have given to me. I feel deeply in- debted to you for this. It has been with the most sincere and lively pleasure that we have heard of Mrs. Kane's convalescence. Heartfelt prayers have ascended from many quar- ters in her behalf. We trust that her recovery will be permanent. We all join in love to yourself, Mrs. K. and the family. Two of my children have just recovered from an attack of dip- theria which has been quite fatal in many cases here. Your Friend, Geo. Q. Cannon Major-Gen. Thos. L. Kane, Kane, Penn. ----- new page (VMSS792_S3_SS8_B15_F21_I6_p001.jpg) House of Representatives, Washington, D. C., Jan. 29th, 1881. My dear General: I hope this will find yourself and family in the enjoyment of good health. Enclosed please find a part of the opening chapter of a "History of the Mormon Battalion," written by Sergeant Daniel Tyler, who has been at work at this for some time and sent it recently to Salt Lake City for publication, You may not be aware that two theories have prevailed in Utah respecting the call for the en- listment of the Battalion. One of these has been to the effect that the call was made to test the loyalty of the people, Thos. H. Benton being credited with having said that if the Mormons refused to furnish the men, he would raise a force of men (or a force could be raised) in the upper counties of Missouri to fall upon them and crush them, as their ----- new page (VMSS792_S3_SS8_B15_F21_I6_p002.jpg) their refusal would be positive evidence of their disloyalty and of the danger of permitting such a people to go into the far west. This has been the view which has generally prevailed among our people, and in probably hundreds of addresses, delivered from the time of the enlistment until the present, this action of the Government has been referred to as being, under the circum- stances, heartless and cruel. Comparisons have been drawn between the large quota furnished by the Latter-day Saints from their small number for the Mexican War and that furnished by the rest of the Nation; and attention has also been called to the fact, that while the Battalion was on its march, and the families of its members were left in the wilderness in [-] a destitute condition, organized moly were engaged in the State of Illinois in driving their Kindred and co-religionists away from their homes and compelling them to flee beyond the bounds of civilization. Some years ago, after the defection of Godbe & Co., Mr. Tullidge, who had charge of their paper, and other writers for its columns, disputed the then generally accepted ----- new page (VMSS792_S3_SS8_B15_F21_I6_p003.jpg) House of Representatives, Washington, D. C.,................., 188 . ----- new page (VMSS792_S3_SS8_B15_F21_I6_p004.jpg) accepted theory, and obtaining documents from Washington, made the statement, based, as they alleged, upon these documents and their dates, that it was President Young and the Twelve Apostles, through the Agent of the Church, Jesse C. Little, who had applied to the Government to have some of the people en- rolled as soldiers, &c., to help them on their journey to the West, and that the Government, in sending its officers and calling upon the people to enlist, was only complying with the request of the leaders themselves, and performing a meritorious and humane service towards the destitute people. They argued at length that the leading men, in referring to the action of the Government at that time, had done its officers great in- justice, had maligned them when they should have been praised and had deliberately falsified the record. I do not give their language, but the ideas as I remember them. They mentioned your connection with the inception of the matter in the East and the great interest you had taken in the people, but, as I now remember, spoke respectfully concerning you. If you would like to see what they wrote upon the subject, I will send home for it and forward it to you. Now, ----- new page (VMSS792_S3_SS8_B15_F21_I6_p005.jpg) House of Representatives, Washington, D. C., ................., 188 . ----- new page (VMSS792_S3_SS8_B15_F21_I6_p006.jpg) Now, as you will see from the enclosed, Mr. Little's letter gives color at least to the Godbeite statement of the causes which led to the call for the Battalion. It is important in a work such as this proposes to be, that as fair and full a statement of the case should be made as possible. Certainly the Latter-day Saints, after having responded as they did, need not be afraid to have the truth told concerning the matter, whether it agrees or disagrees with any theory they may have had upon the subject. It ought to be far from us to attach blame to the Government for doing what the then President and his advisers thought an act of Kindness; and sore as the people may have felt in the past over many things, I feel sure they would not do an injustice knowingly. No person has so complete a knowledge of all the facts connected with this transaction as yourself. You are familiar with the hidden motives and movements as well as with all that appeared on the surface. The time may not have come, in your opinion, when it is proper to have appear the wonderfully self-sacrificing part you took in these affairs, and by which you endeared yourself to every Latter-day Saint ----- new page (VMSS792_S3_SS8_B15_F21_I6_p007.jpg) House of Representatives, Washington, D. C.,....................,188 . ----- new page (VMSS792_S3_SS8_B15_F21_I6_p008.jpg) Saint who has heard your name, and created in the breasts of thousands a feeling towards you as though you were our good genius, inspired by the Almighty, and appearing upon the scene, like the beneficent fairy in the story books, when- ever extraordinary peril demanded extraordinary aid; but still it seems as if the truth concerning the causes which led to the call of the Battalion might be stated, if only in brief, to be amplified at some future time. Such a state- ment ^ might lead to a revision of views, if those now entertained are incorrect, and be of benefit to all. I feel great reluctance to obtrude upon you with this. The only apology I have for asking you to look at it, and make suggestions about it, is the conflict of views of which I have spoken and that the truth may be known, and from you who can do equal justice to all concerned. Brigham wrote me a few days ago and sent his love to you. President Taylor and those with him send expressions of love and esteem to yourself and family. I shall always be glad to hear from you. With the Kindest regards to yourself, Mrs. Kane and the young people, I am, as ever, Your Friend, Major-Gen. Thos. L. Kane. Geo. Q. Cannon ----- new page (VMSS792_S3_SS8_B15_F21_I6_p009.jpg) House of Representatives, Washington, D. C., ...................... ,188 . ----- new page (VMSS792_S3_SS8_B15_F21_I6_p010.jpg) 1 Chapter 1 We cannot more appropriately commence our narrative than by giving the following documents, which, connected with Elder Little's efforts to obtain relief for the persecuted, maligned outcasts, by procuring freight, or other legitimate means, resulted in the demand of the Government for a battalion of five hundred men, as, we understand Senator Benton suggested as a test of loyalty: – "To President Brigham Young, and the Council of the Twelve Apostle's – Brethren: In your letter of appointment to me, dated Temple of God, Nauvoo, — January 26th, 1846, you suggested, "If our Government shall offer any facilities for imigrating to the western coast, embrace those facilities, if possible, as a wise and faithful man, take every honorable advantage of the times you can. Be thou a savior and a deliverer of that people, and let virtue, integrity, and truth be your motto – salvation and glory the prize for which you contend" In consonance with my instructions, I felt an anxious desire for the deliverence of the saints; and resolved upon visiting James K. Polk, President of the United States, to lay the situation of my per- -secuted brethren before him and ask him as the representative of our country to stretch forth the fedral arm in their behalf. Accordingly I called upon Governor Steele, of N.H., with whom I had been acquainted from my youth, and other philanthropic gentlemen, to obtain letters of recommendation to the heads of Departments. I obtained among others the following:– Letter of Governor Steele, of New Hampshire to George Bancroft, secretary of the Navy: — ----- new page (VMSS792_S3_SS8_B15_F21_I6_p011.jpg) Peterboro, New Hampshire, May 4th, 1846 Mr Bancraft: Dear Sir: By desire of Mr. Little, who is the bearer of this, I take the liberty of introducing him to you, and of Stating that Elder Little is, as I understand, the presiding Elder in the northern states of what are termed the "mormons", or, as they term themselves, "The Latter-day-Saints", and of saying that I have known Mr Little from his childhood and believe him to be honest-in his views and intentions. Mr Little visits Washington, if I understand him correctly, for the purpose of procuring, or endeavour- -ing to procure, the freight–of any provisions or naval stores which the Government may be desirous of sending to Oregon, or to any portion of the Pacific. He is thus desirous of obtaining freight for the purpose of lessening the expense of chartering vessels to convey him and his followers to California, where they intend going and making a permanent settle- -ment the present summer.— Dear Sir, Permit me to give an introduction to you to Mr. J. C. Little, late if new Hampshire, who is Chief, or Ruling Elder, of the Mormons, or Latter-day Saints, East of the Mississippi. This gentleman, besides being very highly valued by the members of his own sect, is, I learn, esteemed honest and sincere in his profession by many of our friends in this city. He visits Washington, too, I believe, with no other object than the laudable one of desiring aid of Government for his people, who, forced by persection ----- new page (VMSS792_S3_SS8_B15_F21_I6_p012.jpg) to found a new commonwealth in the Sacramento Valley, still retain American hearts, and would not willingly sell themselves to foreigners, or forget the old commonwealth they leave behind them Your faithful servant Thomas L. Kane Locust Street, Philadelphia Hon George M. Dallas, May 18th 1846" Vice President of the U.S. We have several other letters from Honorable gentlemen to the same effect, but as the honesty and integrity of Elder Little are, by the most of our readers, known to be beyond suspicion, we shall let the foregoing suffice. An appeal to the President of the United States June 1st 1846 "To His Excellency James K. Polk, President of the United States Dear Sir: I trust you will excuse me for tresspassing upon your time by troubling you with the perusal of this note. I come to Washington not, Sir, as an office seeker actuated by a selfish motive, but as the representative of a noble but persecuted people, and, Sir, allow me to say that, had I not more confidence in you, as the Father of this great Nation, than in those that have preceded you, I should not have left my home and family to ask favors of you for this people. I am a native American born citizen, born in the State of Maine, and bred in the Grande State, New Hampshire. My fathers fought in the battles ----- new page (VMSS792_S3_SS8_B15_F21_I6_p013.jpg) of the Revolution for freedom and liberty, and the blood of my fathers courses through my veins and arouses the spirit of patriotism and a hatred of oppression which characterized my noble ancestors — and, Sir, for this cause, while I know that this people have been driven from town to town, from city to city, from State to State, and last of all compelled to leave their homes and firesides and seek a shelter in a howling wilderness over the Rocky Mountains, amid prowling beasts of the forest and the Red men of the bush, without house to shelter or arm to save, but God's; whose property has several times been confiscated by a mob; they have been whipped and stoned, butchered and murdered, and all this for no other cause than that we worship God — differently from our neighbours and according to the scriptures. We have not only been robbed of our houses, lands, and property, but of a jewel of far more value than all else — our good names and characters. We have been slaudered from morning until night by our Enemies, and they have been so far successful that when many good men supposed us to be a set of outcasts and thieves, and that crime and immorality is countenanced by us. But, Mr., President, this is not true; for in all this vast outstretched country over which you bear rule you (?) have no subjects who are more willing to obey the laws of the land than we are, but, Sir, if we are robbers and thieves as they charge us, why not fill our prisons with those who are guilty, or hang them between the heavens and the earth as a monument of our wickedness, and not ----- new page (VMSS792_S3_SS8_B15_F21_I6_p014.jpg) compel twenty thousand innocent, unoffending men, women and children to leave their homes and their firesides, destitute and without the necessary comforts, to take their passage over the prairies and Rocky Mountains to find a new home in the howling wilderness. Look at their behavior when our best and most noble men were butchered at the Carthage Slaughtering House (the prison), and then look at the mobs in the Eastern Country at Philadelphia &c. No, Sir; these charges heaped upon us are false, and the time will come, Mr. President, when you shall know that we are good men and that our characters are more Enduring than the lasting hills; and, Sir, in justification of our cause, permit me to say that notwithstanding the slanders heaped upon us, yet my character stands as high as a moral and upright man as any in the country, and I have the honor to bear letters of recommendation to this city from men of high standing, some from His Excellency, J.H. Steele, Governor of New Hampshire, near whom I have lived since my childhood. And, Sir, my character is no better than my brethren's whom I represent, especially the Twelve, of whom all manner of Evil is spoken. I have the honor to be personally acquainted with them, and know them to be good men; they have eat, drank and slept in my house, and I certify that I never received any instructions from them but what was strictly virtuous and moral. And under these considerations, directed, as it were, by the finger of God, I come to you fully believing that you will not suffer me to ----- new page (VMSS792_S3_SS8_B15_F21_I6_p015.jpg) depart without rendering me some pecuniary assistance and be it large or small, you shall not lose your reward. Our brethren in the West are compelled to go, and we in the Eastern country are determined to go and live, and if necessary, to suffer and die with them; our determinations are fixed and cannot be changed. From twelve to fifteen thousand have already left Nauvoo for California and many others are making ready to go. Some have gone around Cape Horn, and I trust before this time have landed at the San Francisco Bay. We have about forty thousand in the British Isles and hundreds upon the Sandwich Islands, all determining to gather to this place. There are yet many thousands scattered through the states, besides the great number in and around Nauvoo, who are determined to go as soon as possible; but many of them are poor, but noble men and women, who are destitute of means to pay their passages, either by sea or by land. They, as well as myself, are true hearted Americans, true to our country, true to its laws, true to its glorious institutions –and we have a desire to go under the out- –stretched wings of the American Eagle; we would disdain to receive assistance from a foreign power although it should be proffered, unless our govern- -ment shall turn us off in this great crisis and will not help us, but compel us to be foreigners. Means for the gathering of the poor we must obtain; thousands are looking to me for help and I cannot, yea, I will not give myself rest until I find means for the deliverance of the poor; in this thing I am determined, and if I cannot get it in the land of my fathers, I will cross the trackless ----- new page (VMSS792_S3_SS8_B15_F21_I6_p016.jpg) ocean where I trust I shall find some friends to help. But, Mr President, were you to act alone in this matter, I full well know your course. I am not ignorant of your good feelings towards us — receiving my information from my friend Mr S. Brannan, who has gone to California and also the Hon. Amos Kendall, and others — believe me when I say that I have the fullest confidence in you, and we are truly your friends, and if you assist us at this crisis, I hereby pledge my honor, my life, my property and all I possess, as the representative of this people, to stand ready at your call, and that ?? The whole body will act as one man in the land to which we are going, and should our territory be invaded we hold ourselves ready to enter the field of battle, and then, like our Patriot Fathers, with our guns and swords, make the battle field our graves or gain our liberty. We have not been fighting men, but when we are called unto the battle field in defence of our country, and when the sword and sabre shall have been unsheathed, we declare before heaven and earth that they shall not return to their scabbards until the Enemy of our country, or we, sleep with the pale-sheeted nations of the dead, or until we obtain deliverance. With great respect I have the honor to subscribe myself, Your obedient Subject J. C. Little, Agent of the Church of Jesus Christ of Latter-day-Saints To His Excellency Jask Polk In the Eastern States President of the United States of America ----- new page (VMSS792_S3_SS8_B15_F21_I6_p017.jpg) To His Excellency Jask Polk, President of the United States of America We learn from the "Life of Brigham Young" that the day after Elder Little's interview with Prest. Polk he had a second interview with ex Postmaster General Kendall who informed him that the President designed to take posession of California by the aid of the "Mormons", who would receive orders to push through, take the country and fortify it in the name of the United States. This induced the Elder to address the appeal just quoted. The President laid his plan before the Cabinet. To execute his design Elder Little was to go forthwith to the camps and raise one thousand picked men to make a dash into and take possession of the Country as above stated. They were to have their own officers except the commander, who was to be an appointee of the President. Another thousand were to be sent by Cape Horn in a U.S. transport for the same service. This was the plan which the President laid before the Cabinet. Afterwards Elder Little also had another interview with the President which lasted about three hours. The President informed the Elder that he had read the petition with interest, that his people should be protected as good citizens which he believed them to be. Before leaving the Elder learned by a subsequent interview that the design of the President had been changed through the influence of Senator Benton and that only five hundred men would be called for. Further, that he had instructed the Secretary of War to make out dispatches to Colonel ----- new page (VMSS792_S3_SS8_B15_F21_I6_p018.jpg) Kearney Commander of the Army of the West relative to the Mormon Battalion. The foregoing will perhaps be sufficient to give our readers a general idea as to how the plan of raising the Battalion was at first conceived. We will now give Colonel Kearney's order to Capt. Allen, and the latter's circular to the Mormons. "Head Quarters Army of the West Fort Leavenworth, June 19th 1846 Sir: It is understood there is a large body of Mormons who are desirous of immigrating to California for the purpose of settling in that Country, and I have therefore to direct that you will proceed to their camps and endeavour to raise from amongst them four or five companies of volunteers to join me in my expedition to that country, each company to consist of any number between 73 and 109. The officers of each company will be a Captain, first lieutenant and second lieutenant, who will be elected by the privates and subject to your approval and the captains then to appoint the non-commissioned Officers, also subject to your approval. The compmanies, upon being thus organized, will be mustered by you into the service of the United States, and from that day will commence to receive the pay, rations and other allowances given to the other infantry volunteers, each according to his rank. You will upon mustering into service the fourth company, be considered as faving the rank, pay and emoluments of a lieutenant–Colonel of infantry, and are authorized to appoint an adjutant ----- new page (VMSS792_S3_SS8_B15_F21_I6_p019.jpg) Sergeant major, and quartermaster sergeant for the battalion. The companies after being organized, will be marched to this post, where they will be armed and prepared for the field, after which they will, under your command, follow on my trail in the direction of Santa Fe, and where you will receive further orders from me. You will, upon organizing the companies, require provisions, wagons, horses, mules, &c. You must purchase everything that is necessary, and five the necessary drafts upon the Quartermaster and com- -missary departments at this post, which drafts will be paid upon presentation. You will have the Mormons distinctly to understand that I wish to have them as volunteers for twelve months; that they will be marched to California, receiving pay and allowances during the above time, and at its expiration they will be discharged and allowed to retain as their private property, the guns and accountrements furnished to them at this post. Each company will be allowed four women as laundresses, who will travel with the company, receiving rations and other allowances given to the laundresses. of our Army. With the foregoing conditions, which are hereby pledged to the Mormons, and which will be faithfully kept by me and other officers in behalf of the government of the United States, I cannot doubt but what you will in a few days be able to raise five hundred young and efficient men for this expedition Very respectfully you Obed't Serv't (signed) S. F. Kearney Col. of First Dragoons Per (to) Capt. James Allen, First Reg. Dragoons Fort Leavenworth." ----- new page (VMSS792_S3_SS8_B15_F21_I6_p020.jpg) "Circular to the Mormons:" I have come among you, instructed by Col. S. F. Kearney, of the U.S. Army, now commanding the army of the West, to visit the Mormon Camp, and to accept the service for twelve months of four or five companies of Mormon men who may be willing to serve their country for that period in our present war with Mexico; this force to unite with the Army of the West at Santa Fe, and be marched thence to California, where they will be discharged. They will receive pay and rations, and other allowances such as other volunteers or regular soldiers receive, from the day they shall be mustered into the service, and will be entitled to all comforts and benefits of regular soldiers of the army and when discharged, as con- templated, at California, they will be given gratis their arms and accoutrements, with which they will be fully equipped at Fort Leavenworth. This is offered 2 gives to the Mormon people now. This year an opportunity of sending a portion of their young and intelligent men to the ultimate destination of their whole people, and entirely at the expense of the United States, and this advanced party can thus pave the way and look out the land for their brethren to come after them. Those of the Mormons who are desirous of serving their country, on the conditions here enumerated, are requested to meet me without delay at their principal camp at Council Bluffs. Whether I am now going to consult with their principal men, and to receive and organize the force contemplated to be raised. I will receive ----- new page (VMSS792_S3_SS8_B15_F21_I6_p021.jpg) all healthy, able bodied men of from eighteen to forty five years of age J. Allen, Capt. 1st Dragoons Camp of the Mormons at Mount Pisgah, 138 miles East of Council Bluffs, June 26 —1846. Note. – I hope to complete the organization of this battalion in six days after my reaching Council Bluffs, or within nine days from this time." A meeting of the High Council of Mount Pisgah was called, before whom the foregoing circular was read. The only thing the Council felt authorized to do was to treat the Government agent with courtesy and respect, and give him a letter of introduction to Prest. Brigham Young and other authorities at Council Bluffs, which they did. Elder Wilford Woodruff, of the quorum of the Twelve Apostles, who was at the time in Mount Pisgah, dispatched a special messenger to inform President Young of the arrival of Capt. Allen, and the object of his mission. On the 1st of July, Capt Allen having arrived at Council Bluffs, a council composed of President Brigham Young, Heber C. Kimball, Willard Richards, Orson Hyde, Orson Pratt, George A. Smith and Levi Richards, was called. Before this council Capt. Alllen, made known his errand. Seeing the condition of the people as he passed their camps with the kind treatment he everywhere met, including the High Council at Mount Pisgah, had touched a tender chord in the brave officers manly heart. The people did all they could for each other, and were comparatively cheerful and happy, and notwithstanding the errand of Capt. Allen, viewed from a human standpoint, seemed, even to ----- new page (VMSS792_S3_SS8_B15_F21_I6_p022.jpg) himself, almost an errand of death, yet this people, whom he was asking to send the flower and staff of their camps into the field to battle for their country, leaving their sick and aged with but little support, among savages, with many poor, aged and feeble yet in Nauvoo, subject to a ruthless mob, divided their scanty rations free of charge to strangers. It was said that Capt. Allen, loyal as he was, freely admitted afterwards, that he would not enlist under such circumstances; "No, not if it were to save the Government!" but he must obey orders and make the call. He, of course, expected the answer to be no, and he would report that, under the circumstances, It was too much to ask. Imagine his surprise when President Brigham Young in a full, clear, audible voice responded, "You shall have your battalion at once if it has to be a class of Elders." As soon as the Council closed, we find them (Brigham Young and others of the Twelve) going from camp to camp, encouraging the brethren to enlist, letting them that not a man would fall by the hands of our nations foe. Their "only fighting would be with wild beasts. There would not be as many bullets whistle around their ears as whistled around Dr. Richard's in Carthage jail". This prediction was repeated in President Young's farewell address to the command at Council Bluffs. The sequel will show, unprobable as it naturally looked at the time and during our travels, that the prediction was literally fulfilled. On the 16th day of July 1846, four companies of over four hundred men, all told, and part of the ----- new page (VMSS792_S3_SS8_B15_F21_I6_p023.jpg) fifth were mustered into the service of the United States at Council Bluffs, Iowa Territory. Our pay and rations dated from this period. The fifth company was soon after filled. ----- new page (VMSS792_S3_SS8_B15_F21_I6_p024.jpg) House of Representatives U[---] [---] Major- Gen. Thos. L. Kane, Kane, McKean Co., Penn. ----- new page (VMSS792_S3_SS8_B15_F21_I7_p001.jpg) Salt Lake City, Dec. 8th, 1884. My dear Mrs. Kane: Your esteemed favor of the 2nd inst., enclosing a cheque, payable to my order, of two thousand dollars ($2,000) to refund an amount sent to your beloved husband, General Thomas L. Kane, and by him expended on the account of our friends here, has been received and perused with interest. I am greatly pleased to hear from you, but regret exceedingly to learn of Evan's sickness and present condition. His progress in health and entire recovery is, I trust, assured. You do not mention the condition of the health of Miss Harriet, Elisha and Willie, from which I infer that they are well. I sincerely hope so. Though I have not ----- new page (VMSS792_S3_SS8_B15_F21_I7_p002.jpg) written, I often think of you all and my con- stant desire has been and is that you may be favored with health and every other blessing that will contribute to your happiness and prosperity. The $2,000 will be credited to the fund to which it was debited when it was sent to the General through Mr. Hart. We all feel that the General and yourself have been over-scrupulous about returning this amount, for it having been paid by the General to Judge Black, the non-receipt of a voucher from him is not a sufficient reason for your returning it here. It is another instance, how- ever, of the scrupulous delicacy exhibited by the General in every transaction in which he took part to befriend a people for whom he felt sympathy because they were misunderstood and unjustly treated. ----- new page (VMSS792_S3_SS8_B15_F21_I7_p003.jpg) The Democratic victory will, I hope, bring some relief to our people, though I do not expect much from politicians. I never saw so malignant and cruel a disposition manifested by officials as there is shown at present against us in this Territory and Arizona. In this Ter- ritory God- fearing men, of high moral charac- ter and blameless lives, whose offence consists of obeying what they believe to be a command of the Almighty, have been tried and convicted by juries from which every one was rigidly excluded who was suspected of the least kindly feeling to- wards the accused, and upon which were retained men of known prejudice and hostility. Pending an appeal to a higher court, these men have been refused bail and are now in the penitentiary. Their companions are criminals who have broken every law of God and man, one of them a man who has been tried twice and found guilty of murder in the first degree by two separate juries and twice ----- new page (VMSS792_S3_SS8_B15_F21_I7_p004.jpg) sentenced to death; his execution has been deferred through some technicality. One of these convicted- Rudger Clawson - is a young man 25 years of age, who, a few years ago, while on a mission to Georgia, was attacked by a mob. His fellow- missionary was shot and killed by his side, and he narrowly escaped with his life. On that occasion he showed great bravery, and devotion to his friend. The three convicted ones in Arizona have been sent, we have just learned, to the peniten- tiary at Detroit, Mich. It appears that Detroit is to be the Siberia to which our people are to be consigned. If it be true that which I am told, that instructions have been issued to the officials of these Territories by the Department of Justice at Washington, of which Mr. Brewster is the head, to push these prose- cutions vigorously, and they should be conducted in the spirit in which they have been, we shall have a rei[-]gn of terror here, the parallel of which will have to be sought in the history of some of the Roman Emperors, the Inquis- ition, of Louis XIV of France, of Philip of Spain and Mary of England. ----- new page (VMSS792_S3_SS8_B15_F21_I7_p005.jpg) The people feel very calm and entirely free from excitement and fear. They put their trust in God and rely upon His arm. All our friends to whom I have men- tioned the receipt of your letter manifest great interest in hearing from you and the family. They all join in warm expressions of love to you all and deep sympathy for the sickness of Evan. Accept my Kind regards and please remember me to all the young people. I am Your Friend, Geo. Q. Cannon Mrs. E. D. Kane, 1304 Walnut St., Philadelphia, Penn. ----- new page (VMSS792_S3_SS8_B15_F21_I7_p006.jpg) Mrs. E. D. Kane, 1304 Walnut St., Philadelphia, Penn ----- new page (VMSS792_S3_SS8_B15_F21_I8_p001.jpg) House of Representatives U. S. Major- Gen. Thos. S. Kane, Kane, McKean Co., Pennsylvania ----- new page (VMSS792_S3_SS8_B15_F21_I8_p002.jpg) Major Gen'l. Thos. L. Kane, Kane, McKean Co., Pa.