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VMSS 792 - Thomas L. Kane manuscripts, correspondence, and other material on Mormons (S3_SS13)
Number of Pages: 69

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but off with a s[---]
Hon. Jno S[-]to
My dear Sir:
		    I left Kane on the 19th. of November, arrived in Salt
						     [gone]
Lake City on the 22d – have travelled through all the important S[-]ll[---]ts between
Salt Lake City and this place, which is situated within [-] [--r of the North boundary
			Territory
line of Arizona – expect to rest here a fortnight before [--]ant[-]y farther South
				I have known the Mormons off and on, for now [--]n th[---] a
quarter of a century. I have always treated them fairly: they thank generously. I am
												   endeavor to
the last man in the world to whom they could or would  ^ display themselves in tomorrow
	     It is incumbant on one to state
	      It is my duty to
		  I must testify    [---]
colour. Set me day that I find nothing whatever in thier town of feeling to justify
		   the							     that they are wanting i[-] gen[---]ly loyal American loyal [--] [---] feeling
or [--]cure [--] c[--]aration. brought against th[--] ^ {of a want of loyable or generosity
fa[--]tive feeling}
					I by your l[---] to communicate a copy of this letter to [--] Delegate
representing Utah in Congress.
							short [---] [---]ly yours
											TLK.

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MARIE
est la
source de
toutes graces
elle naban
-donne ja-
-mais ceux
qui l'im-
-plorent.
Paris,
Maison
Basset.
 a
10

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Sea enfants ont public qu'elle
etoit tres heureusc

	Les nations ne cesseront
	jamais de vous louer.

Dopter	a Paris
	Vierge Celebre.

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SOUVENIR
	    DU MOIS DE MARIE.

    O Vierge sainte! Vierge célèbre! souffrez
que j'unisse mes faibles louanges à celles
des anges, qui, témoins de la gloire dont
vous jouissez dans le ciel à côté de votre
divin Fils, vous félicitent et bénissent Dieu
des suréminentes prérogatives dont il vous
honore; daignez recevoir, comme un sin-
cère hommage de ma venération et de la
tendre affection que j'ai pour vous, le désir
ardent que j'éprouve que vous soyez aus[-]i
parfaitement louée sur la terre que vous
l'êtes dans le ciel, afin que tous les hommes,
reconnaissant les faveurs dont vous avez étè
comblée, aient recours à votre puissante pro-
tection.
			 Pratique de piètè.
	Ayons sans cesse recours à Marie, mère
de grâce et de miséricorde; que ce soit par
elle que nous réclamions tous les secours
dont nous avons besoin, par elle que nous
offrions notre reconnaissance à son adorable
Fils; que ce soit par ses mains que nous
présentions à notre Dieu toutes nos prières
et toutes nos bonnes oeuvres. Abandonnons
à sa tendre sollicitude tout ce qui nous in-
téresse; déposons dans son coeur tous nos dé-
sirs et toutes nos espérances.

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To Maggie, June the Nac g[----] ga[---]ng
While the[--]s Sand by the Ocean
And leaves in the forest
The Children of Zion will Gather &
While theris gold in the Mountains
And Pearls in the Ocean
	the Children will gather for Ever
While thers prayers for the Fathe[-]
And Tears for the Mother
	The Children of Zion will gather
While the Cross of the Saviour
And the Blood of our Prophets
Still Calls out for justice
The Children of Zion will gather

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Anthologia Mormoniana

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JEFFERSON BARRACKS, MISSOURI, February —, 1867.
	DEAR SIR: Your letter of January 11, from Washington requesting a report
of my observations upon affairs in Utah while there in October last, is received,
and the following is submitted as a summary of facts that appeared most
prominent:
	The Mormons reached Utah nineteen years ago last autumn, numbering about
five thousand men, women, and children. They now number, in the Great
Basin, about one hundred thousand. Their ratio of increase is an increasing
one; that is, the proportional increase to their number is each year greater. Last
season they brought from abroad about five thousand. The number they bring
on is only limited by their ability to care for them until they become self-
supporting. Their systems, in this respect, as well as in everything else, seems
very complete. The newly arrived families are subsisted the first winter from
the "church tithe," during which time their farms are surveyed and apportioned,
material secured for buildings, seed and teams furnished, and in the spring each
goes quietly and industriously at his own work on his own apportioned land.
Their settlements are principally along the foot of the west slope of the Wasatch
mountains; but in the south of Utah they reach across it, and near the Colorado.
	No agriculture is possible without artificial irrigation. The numerous bold
springs from the Wasatch and other mountains, and Bear and other rivers,
which can be taken out of their beds, will enable them to irrigate about the
amount of land before described, but not more; in fact, the amount of land they
can cultivate depends entirely on their ability to irrigate. They have very
little timber, but are finding coal and excellent stone for building purposes, and
this lack will be no hindrance to their prosperity. Their lands raise the small
grains, fruits, and nearly all vegetables in the greatest profusion; while their
flocks of sheep, herds of cattle and horses, show a great degree of success in
stock-raising. They are now producing an abundance of sorghum sugar, and
cotton-raising in the south of the Territory has been successful. The laboring
people are nearly all foreigners, who have brought with them their close sys-
tems of agriculture, and they invariably evince a remarkable earnestness in their
work and faith.
	Their temporal prosperity is a marvel. Their wealth commenced with the
breaking up and withdrawal of the Johnston army from Camp Floyd by the
orders of Secretary Cameron, which also directed the sale or abandonment of
the property of the post. This resulted effectually in turning over to the Mor-
mons some five or six millions of property. The discovery of the mines in the
neighboring Territories soon after, and the quartering there of a volunteer army,
have given such fine markets for their abundant surplus as to have made them
in the aggregate very wealthy. They are probably the most universally indus-
trious and law-abiding people on the continent: drunkenness and theft are very
uncommon.
military organizations of the Territory amount to nothing; they do not dream
of arming against the United States; they are too shrewd to do so. They are,
however, using a more subtle and many times stronger power against us, edu-
cating the hearts of rising generations. They will do nothing to give excuse for
open force to be brought against them, and I believe their leaders would obey
any mandate or arrest on the part of the United States, requiring no other force
than to prevent escape by flight. They are loyal to the letter of our laws, but
in spirit a separate and distinct nationality. They do not obey the laws of
Congress prohibiting polygamy, but they say the Constitution grants them trial
by a jury of their peers, whose decision is final, and they are all ready to be
tried.
	Were it practical, the policy of putting away the already supernumerary wives
might be questioned, as it would take from them, and perhaps from their children,
the natural support to which they are entitled. I do not presume to propose any
practical means of reaching the institution. You cannot expect a juryman to
convict himself, and if Utah is parcelled to the adjoining States and Territories
and juries imported, I fear it will hardly meet the want. The hearts of these
people must first be taught that it is to their best interests to give it up. This
may be a slow process, but in my opinion the best one.
	They are hospitable to all strangers, especially to government officials, and,
if opportunities occur, are particularly ingenious in shaping their views to their
own advantage. I found the internal revenue assessor of the Territory living
with their congressional delegate, Mr. Hooper, and, it was believed, to some ex-
tent under Mormon influences; he was hardly known to the Gentiles, and not
looked upon as on their side. While I was there he received the appointment
of colonel in the army, and efforts were at once made to effect a transfer that
would give him command of Camp Douglass.
	I was approached while there by parties whom I have reason to believe were
friendly to Mormonism upon the subject of sending there a strong force of troops;
this was to give them a market, of which they now feel in want. I do not con-
ceive a large force of troops to be required there.
	The lands of the Territory are still held by government. If it is the inten-
tion to give actual title to Mormon occupants on the same grounds as to other
emigrants, (and I do not see how we can do less,) a land office should be
opened there, and a commissioner appointed to settle conflicting claims.
	As a general thing, there will be little trouble, as they have a very correct
land system of their own, made to conform to the government system.
	The longer this is neglected the more trouble can be expected in reconciling
claims.
	I am, very respectfully, your obedient servant,
													M. B. HAZEN,
					Bvt. Maj. Gen. U.S. Army, Col. 38th U. S. Infantry.
Hon. J. BIDWELL,
		House of Representatives.

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41st Congress,    HOUSE OF REPRESENTATIVES.	 Report
			   }							      {
    2d Session. 									 No. 21.

			EXECUTION OF THE LAWS IN UTAH.
			[To accompany bill H. R. No. 1089.]
				————————————
FEBRUARY 3, 1870.—Recommitted to the Committee on the Territories and ordered to
						be printed.
			       ————————————
MR. CULLOM, from the Committee on the Territories, made the
						following

						REPORT.

The Committee on the Territories, to whom was referred House hill No. 696,
"A bill in aid of the execution of the laws in the Territory of Utah, and
for other purposes,” have considered the same, and make the following
report:

   There are but few questions involved in the bill about which there
may be any controversy. As to the power of Congress over the Ter-
ritories, the Constitution says that “Congress shall have power to
dispose of and make all needful rules and regulations respecting the
territory or other property belonging to the United States.” The power
is vested in Congress by the Constitution to pass such laws governing
the Territories as shall be deemed for the best interests of the people.
The right to exercise such power has never been denied; though in
the days of the famous Kansas and Nebraska bill the question of the
policy of Congress exercising control over the Territories was doubted,
and the result of the legislation of those days upon the subject was
to leave the people of the Territories free to determine whether slavery,
the question about which the people of the country were then divided,
should be allowed to exist in the Territories or not. From the earliest
period of the history of our legislation in reference to Territories
Congress has, either by direct legislation or by implication, claimed
the right to control the legislation of the Territories. The fact of
ownership by the government of the Territories carries with it neces-
sarily the idea of control. Numerous acts passed by Congress from
time to time show the truth of the position that it has the right and
has exercised the power. The act of Congress approved July 1, 1836,
declaring that acts of territorial legislatures incorporating banks should
have no effect until approved or confirmed by Congress, is one instance
of the exercise of this power. The act of January 25, 1867, entitled
“An act to regulate the elective franchise in the Territories of the
United States,” which declared that there should be no denial of the
elective franchise in any of the Territories of the United States to any
citizen thereof on account of race, color, or previous condition of serv-
itude, and that all acts or parts of acts, either by Congress or the
legislative assemblies of said Territories, inconsistent with the pro-
visions of that act, should be null and void, is another instance in which
the Congress of the United States exercised positive control. The act
of March 2, 1867, in which it was declared that the legislative assem-

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EXECUTION OF LAWS IN UTAH.

blies of the several Territories of the United States should not, after
the passage of that act, grant private charters or special privileges,
but that they might, by general incorporation acts, permit persons to
associate themselves together as bodies corporate, for mining, manu-
facturing, and other industrial pursuits, and also regulating the juris-
diction of the local courts in the Territory of Montana, was another
instance in which Congress claimed and exercised the right to legislate
for the Territories.
	Again, the act of Congress approved July 1, 1862, “ to punish and
prevent the practice of polygamy in the Territories of the United
States and other places, and disapproving and annulling certain acts
of the legislative assembly of the Territory of Utah,” by which it was
declared “that every person having a husband or wife living, who
shall marry any other person, whether married or single, in a Territory
of the United States, or other place over which the United States have
exclusive jurisdiction,” shall be adjudged guilty of bigamy, and upon
conviction shall be punished by a fine not exceeding five hundred dol-
lars, or imprisonment not exceeding five years, and the second section
of which act annuls all acts and laws of the Territory of Utah “which
establish, maintain, protect, or countenance the practice of polygamy,
evasively called spiritual marriage, however disguised by legal or ecclesi-
astical solemnities, sacraments, ceremonies, consecrations, or other con-
trivances,” is still another instance in which Congress has claimed and
exercised the right of legislation for the Territories of the United
States.
	The committee might proceed to cite instances almost without num-
ber in support of this position, where Congress has exercised this right.
They might also give the opinions of the courts of the United States,
showing that such legislation and exercise of power by Congress was
strictly within the purview of the Constitution itself. In 1860, when
the discussion upon the subject of slavery was going on in the Senate
of the United States, that body having under consideration a resolution
relative to the expediency of maintaining the Utah and New Mexico
territorial organic acts, so as to dispense with the submission of the
territorial laws to Congress for approval, Senator Green, of Missouri,
said: “As long as we have the acknowledged power to repeal, as long
as we have the conceded power of amendment, and that power con-
tinues as long as the territorial condition remains, it is useless to stop
to inquire over the construction of a particular act that has been passed;
it is idle to speculate upon the extent of the power that the Territory
may exercise, because if we have given them too much, or if they have
been a disobedient and disloyal people, and have abused their power, or
if they have exercised it to the wrongful destruction of any individual’s
right, then Congress may and ought promptly to interpose to apply the
necessary corrective. Such interference is both a right and a duty, often
exercised and never denied.”
	It has always been the recognized duty of Congress to control the
taxation of property in the Territories, as, for instance, in the Kansas
and Nebraska act, provided in the following words: “Nor shall the
property of non-residents be taxed higher than the property of resi-
dents.”
	The courts seem to have settled the question of the jurisdiction of
Congress over the Territories by decisions declared in 1 Peters, 542-3;
14 Peters, 537 ; 16 Howard, 194; in the Dred Scott decision, and in
various other decisions, to which the committee might refer.
	The power of Congress being conceded, what is proposed to be done ?
By the bill referred to the committee, it is proposed, in the first place,

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?			  EXECUTION OF LAWS IN UTAH.


to clothe the courts of the United States in the Territory of Utah with
such power and authority as will enable them and the other officers of
the 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 States,
before cited in this report, approved July 1, 1862, declaring- bigamy to
be a criminal offense, and providing for the punishment thereof, while it
has remained upon the statute book now for nearly eight years, and
while it is an admitted and avowed fact that the practice of polygamy
has been going on in that Territory ever since, and long before the
passage of that law, yet there never lias been a single conviction for any
violation of the law in the Territory; and the evidence before the
country is, that under the present condition of things, with the law as
it now stands, a conviction is a moral impossibility. One of the objects
of this bill is to provide such legislation as will enable the United States
courts in that Territory to enforce that law.
   The committee have not deemed it necessary to incur the expense of
summoning witnesses from the Territory for the purpose of proving
by recent testimony (as might be done) that the practice of polygamy
goes on in the face of and in defiance of the officers of the law in the
Territory, for the fact is admitted, and is so well known to all the world
that there can be no question as to the state of things existing there.
    To show the utter inability of the officers of the law in that Territory
to enforce the laws of the United States, the committee have deemed it
proper to gather together a few of the statements that have been made
upon this point, some of them, it is true, made many years ago, but
nevertheless showing the same condition of things as is shown by testi-
mony to exist to-day.
	On the 30th of March, 1857, the Hon. W. W. Drummond, then a
judge of that Territory, resigned his office, and gave to the govern-
ment his reasons therefor in the following letter, which has before been
read and referred to in debate upon the subject of what legislation
should be enacted by Congress for the suppression of the practice of
polygamy in that Territory :
														     March 30,1857.
   MY DEAR SIR: As I have concluded to resign the office of justice of the supreme
court of the Territory of Utah, which position I accepted A. D. 1854, under the ad-
ministration of President Pierce, I deem it due to the public to give some of the rea-
sons why I do so. In the first place, Brigham Young, the governor of Utah Territory,
is the acknowledged head of the Church of Jesus Christ of Latter Day Saints, com-
monly called Mormons; and as such head, the Mormons look to him, and to him alone,
for the law by which they are to be governed. Therefore, no law of Congress is by
them considered binding in any manner. Secondly, I know that there is a secret oath-
bound organization among all the male members of the church to resist the laws of
the country, and to acknowledge no law save the law of the holy priesthood, which
comes to the people, through Brigham Young, direct from God; he, Young, being the
vicegerent of God, and prophet, viz: successor of Joseph Smith, who was the founder
of this blind aud treasonable organization. Thirdly, I am fully aware that there is a
set of men set apart by special order of the church to take both the lives and property
of persons who may question the authority of the church, the names of whom I will
promptly make known at a future time. Fourthly, that the records, papers, &c., of
the supreme court have been destroyed by order of the church with the direct knowl-
edge and approbation of Governor B. Young, and the federal officers grossly insulted
for presuming to raise a single question about the treasonable act. Fifthly, that the
federal officers of the Territory are constantly insulted, harassed, and annoyed by the
Mormons, and for these insults there is no redress. Sixth, that the federal officers are
daily compelled to hear the public men of the American government traduced, the
chief executives of the nation, both living and dead, slandered and abused from the
masses as well as from the leading members of the church, in the most vulgar, loath-
some, and wicked manner that the evil passions of men can conceive. I also charge
Governor Young with constantly interfering with the federal courts, directing the
grand jury whom to indict, and whom not, and after the judges charging the grand
jurors as to their duties; that this man Young invariably has some member of the

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EXECUTION OF LAWS IN UTAH.

grand jury advised in advance as to his will in relation to their labors, and this charge
thus given is the only charge known, obeyed, or received by all the grand jurors of
the federal courts of Utah Territory.
	While this testimony of Judge Drummond was given many years
ago, yet it is just as applicable to the present condition of things in the
Territory as it was when the letter was written. All the information
that the committee have been able to obtain from the examination of
witnesses, from correspondence with eminent gentlemen in the Terri-
tory, or from any source whatever, establishes the fact that, notwith-
standing the law of 1862 upon the statute-books of the country de-
claring bigamy or polygamy to be a criminal offense, and providing for
its punishment, it is utterly impossible for the courts of the Territory,
however earnest, energetic, and determined they may be, to enforce the
laws of the United States, which it is made their duty to enforce.
	In 1867 General M. B. Hazen, of the regular army of the United
States, wrote a letter to the Hon. John Bidwell, of the House of Rep-
resentatives, (General Hazen having spent much time in the Territory
of Utah,) in which he says, referring to the government of Brigham
Young, in the Territory, that he would call their government a theo-
cratic despotism.
	“Brigham Young, or, as he is called there, President Young, is at the head of church
and state, and is the supreme and absolute ruler in everything, temporal and spiritual.
The civil officers of our government appointed there have no power whatever, and
their positions I found in the highest degree contemptible. I conversed freely with
nearly all of them. They were fully conscious of their insignificance. The church,
which is also the state, is very completely organized with a system of high council-
men, bishops, priests, and wardens, that extends to every hamlet, controls the actions
and influences the thoughts of every individual. From the pulpit the people are
directed how to sow their crops, how to worship God, and for whom to vote, in the
same sermon. Implicit confidence is their first rule. Brigham Young watches closely all
new-comers until he knows their purposes.” “I found in Salt Lake City about three
hundred people whom they termed gentiles, nearly all traders. They had established a
church, a newspaper, and a school, and I was informed at one time that they exerted some
influence there. But at the time of my visit they were broken up into several factions,
probably brought about by the ingenuity of the Mormons, and their influence was
scarcely perceptible. I notice since, that the Mormon church has prohibited trade with
them, and negotiations have been begun with them to sell everything out to the Mor-
mons and leave the country.” “The curses of God are evoked every Sabbath upon the
memories of Presidents Polk and Buchanan, and Thomas Benton, whom they conceive
to have been their special persecutors.” Crimes against us is to them obedience. “Origi-
nally polygamy seemed to have been introduced to more speedily populate their Terri-
tory with their own people, and there is a power in this best understood by studying
the progress of the early Moors in Spain, and partly from sensual reasons, there being
no preventing power.” Its effects on cultivated society would be to degrade it, espe-
cially the women, but with the people of Utah it appears only to retard culture, they
being originally found very low in the moral scale. Whenever women there become
sufficiently cultivated to appreciate the true dignity of a lady, they at once renounce
polygamy. “The murder of Doctor Robinson occurred while I was in Salt Lake City,
and that of Brassfield some time previous. There is no doubt of their murder from
Mormon church influences, although I do not believe by direct command. Principles
are taught in their churches which would lead to such murders.” There is a depth of
ignorance there that will take many generations of light to reach far into it. “ They
only acknowledge allegiance to us through protest, and then secondary to their own
government. And they hate us with an unconcealed bitterness, and constantly pray in
their churches for our downfall.”
	The practice of polygamy was not originally one of the doctrines of
the Mormon church, but, on the contrary, the “Book of Mormon,” and
the book called “Doctrine and Covenants,” containing the creed and dis-
cipline of the Mormon cjjnrch, declared in direct opposition to it. The
following extract is from the Book of Mormon alluded to :
	And were it not that I must speak unto you concerning a grosser crime, my heart
would rejoice exceedingly, because of you; but the word of God burdens me because of
your grosser crimes. For behold, thus saith the Lord, this people begin to wax in iniquity;
they understand not the scriptures, for they seek to excuse themselves in committing

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EXECUTION OF LAWS IN UTAH.

whoredoms, because of the things which were written concerning David, and Solomon,
his son. Behold, David and Solomon truly had many wives and concubines, which
thing was an abomination before me, saith the Lord; wherefore, thus saith the Lord,
I have led this people forth out of the land of Jerusalem, by the power of mine arm.
that I might raise up unto me a righteous branch from the fruit of the loins of Joseph;
wherefore, I, the Lord God, will not suffer that this people shall do like unto them of
old. Wherefore, my brethren, hear me, and hearken to the word of the Lord; for there
shall not any man among you have save but one wife; and concubines he shall have
none ; for I, the Lord, delighteth in the chastity of women, and whoredoms are an abom-
ination before me ; thus saith the Lord of Hosts: wherefore this people shall keep my
commandments, saith the Lord of Hosts, or cursed be the land for their sakes.
	And from the “Doctrines and Covenants” the following passage is
extracted:
	Inasmuch as this church of Christ has been reproached with the crime of fornica-
tion and polygamy, we declare that we believe that one man should have one wife, and
one woman but one husband, except in case of death, when either is at liberty to marry
again.
	The practice of polygamy by the Mormon people of Utah is the
result of a pretended revelation of God to Brigham Young. This
practice is abhorrent to the civilization of the age, and to every
Christian nation upon the globe. As has been said, it is made a
criminal offense in any of the Territories by the laws of the United
States. It is also declared to be a crime in the District of Columbia,
over which the Congress of the United States exercises complete juris-
diction. As to the District of Columbia, the act of Congress declares
that “whoever shall be convicted of the offense of bigamy shall be
sentenced to suffer imprisonment and hard labor for the first offense,
for a period of not less than two nor more than seven years; and for the
second offense, for a period of not less than five nor more than twelve
years.”
	It is made a criminal offense by every State of the national Union, as
also by the territorial legislatures of every Territory of the Union except
the Territory of Utah. The committee have examined the statutes
of the different States and Territories, and append herewith extracts
therefrom, showing the action of the legislative departments in refer-
ence to the crime of bigamy and polygamy.
	An eminent professor in the Queen’s College, Oxford University, Eng-
land, James Cookson, declares in a work upon this subject that of all the
schemes that have been communicated to the world within the compass
of his observation, whose declared purpose has been public happiness
and public utility, none have been more remote from the proposed end
than that of polygamy. “For,” he adds, “if we estimate this practice
by the rules of sound reason, the apparent evils which are and ever
must be the consequences of it in the common course of things, demon-
strate it to be destructive of human felicity, and therefore no friend to
society can consistently advise its introduction. It tends at once to open
a door to the licentious gratification of the most uncontrollable lust and
tyrannic cruelty; to promote domestic quarrels and all the horrid and
alarming consequences of the most enraged jealousies, not to mention
the neglect of the education of youth, on which the very existence and
well-being of the state necessarily depend, with an innumerable train
of other mischiefs, the appendages of those already mentioned.”
	Professor Cookson says, what is known to be eminently true by the
whole civilized world, that “polygamy is equally abhorrent from scrip-
ture, nature and common sense. The general tenor of the scriptures
militates against the idea of a plurality of wives. It is inconsistent

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EXECUTION OF LAWS IN UTAH.

with the strictness of the conjugal union as enjoined and exemplified by
God himself in his institution of marriage; contrary to all the plain pre-
cepts of the Bible as well as the New Testament, and repugnant to the
conjugal discipline solemnly commanded by Christ, and particularly so
to that illustration of it by his apostle St. Paul, the description of the
relative duties of husband and wife.”
	Mr. Cookson again says:
	That as polygamy is prohibited by the divine law, so it is also by the policy of
all prudent nations. Indeed, if we look back into the political history of ancient
nations, and that of the Orientals in particular, we shall find that except in a
few, where the gratification of the most shameful lust had the sanction of religion,
the rest unanimously prohibited polygamy by law. * * * It is in the state
as in the well-governed family, the members of which are bound to conform their gen-
eral behavior to the rules of propriety and decency, and to be inoffensive in their re-
spective stations. Commonwealths are made up of families, and any disorders in the
lesser societies affect the greater. If we wish for public and private happiness we
must avoid offenses against the due regulation and domestic order of the kingdom.
Then, if a purality of wives affects the public economy, as it certainly does, it ought to
be prohibited by the laws of all well-ordered governments for that very reason.
	That polygamy is contrary to the divine economy is apparent from
the very history of the world itself. When God peopled the world the
race began by the creation of Adam and Eve; one man and one woman
were placed in Paradise together. When God peopled the world a
second time, after the flood, it was without polygamy. Four men and
four women only, who were the wives of Noah and his three sons, were
commanded to go into the ark, and from them the whole earth was peo-
pled. The actual statistics or censuses taken, at different periods of
time in the world’s history, also show, by the fact that there are more
males than females, that a plurality of wives is inconsistent with the
very nature of things. It is generally conceded that there are more
males in the world by about one-fifth than females. The United States
census for 1860 shows a white male population of 13,844,537; females
13,112,034; or 731,603 more white males than females. The same excess
of males over the number of females is shown to be the case as regards
the colored and Indian population of the country.
	While the laws of the United States governing the District of Colum-
bia and the Territories provide for the punishment of the crime of bigamy
or polygamy, the laws of other countries have also similar punishments.
Blackstone places polygamy as among the principal offenses against the
due regulation and domestic order of the kingdom. He says:
	The legislator has thought it just to make it a felony by reason of its being so great
a violation of the public economy and decency in a well-ordered state, for polygamy can
never be endured in any rational civil establishment. Whatever specious reasons may
be urged for it by the eastern nations, the foolishness of it has been fully proved by
many sensible writers.
	By the laws of Sweden, ancient and modern, the commission of the
crime of polygamy is punished by death. Notwithstanding the testi-
mony of civilization which is given against the practice of polygamy as
with one united voice, and that every State and Territory of the Union
has declared with equal unanimity against it, recognizing it as a crimi-
nal offense, yet this band of people, originally organized in Missouri,
afterward located in Illinois, and finally in their present location in
the Wasatch Valley, in the Territory of Utah, have gone forward and
not only clung to a practice made criminal by the statutes of the coun-
try, but as time has elapsed they have become more and more open
and more and more defiant in the practice of their iniquities and their
disregard of the laws of the country. What is to be done? Shall this
nation, with the light of Christianity and civilization beaming upon it,

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?EXECUTION OF LAWS IN UTAH.


guided by which it has placed these laws on its statute books, and with
the sentiment of its people united against this evil, longer continue to al-
low these people to cloak their iniquity under the garb of a pretended relig-
ion, and say we will do nothing to eradicate it? The committee believe
the time has come when there should be no more temporizing; that there
should be no more delay, but that measures should be taken to thor-
oughly overthrow and prevent the increase of such crimes. It does not
forget that a provision in the Constitution declares “that Congress shall
make no law respecting an establishment of religion or prohibiting the free
exercise thereof;” nor does the committee regard the proposed action on
the part of Congress by the passage of the bill which they present as in any
possible way affecting the rights of that people under that provision of
the Constitution. The committee expressly disclaim any disposition or
intention to recommend anything which will interfere with the proper
exercise of the religious worship of any people. Still they deny the right
of any people to organize themselves as a body, styling themselves the
“Latter Day Saints of Jesus Christ,” or by any other name, and under
that pretense commit the grossest crimes known to the statutes of our
country or the world, claiming that it is a part of their religious faith.
To admit this would be to admit their right, or the right of any other body
of men, to violate, under a similar pretense of religious worship, any
law, civil or criminal, which has been or may be placed on our statute
books for the well-being and protection of society and the good order
and prosperity of the state. The Constitution was framed by our fathers,
guided by the principles of religious freedom, and its framers never in-
tended to sanction bigamy, polygamy, or any other crime. It was made
in the early days of the republic, when the laws of England which pro-
vided for the punishment of bigamy or polygamy were fresh in their
minds. And there can be no possible pretext that because of the por-
vision of the Constitution referred to, the people of this country have
not the power, the rightful power, to crush out that iniquity.
	The committee give herewith extracts from the laws of nearly all the
States and Territories in relation to the crime of bigamy and poly-
gamy :
					State laws in relation to bigamy.

							      MAINE.

	Be it enacted, &c., That if any person within this State, being married, shall marry
any person, the former husband or wife being living, or who shall continue to live so
married, and being thereof convicted, shall be punished by solitary imprisonment for
a term not exceeding three months, and be confined to hard labor for a term not ex-
ceeding five years: Provided always, That this act shall not extend to any person whose
husband or wife shall be continually remaining beyond sea by the space of seven years
together, or whose husband or wife shall absent him or herself the one from the other
by the space of seven years together, the one of them in either case not knowing the
other to be living within that time, nor to the wife of any married man who shall will-
ingly absent himself from his said wife by the space of seven years together, without
making suitable provision for her support and maintenance in the mean time, if it
shall be in his power to do so, nor to any person that is or shall he divorced. (Smith’s
Laws of Maine, chap. 10, sec. 2.)

							      NEW HAMPSHIRE.

	Any person being convicted of bigamy in this State shall be punished as in the case
of adultery. (Comp. Stat., 1853, c. 233, s. 5 and 6, p. 559.)
	If any person shall commit the crime of adultery, such person shall be punished by
imprisonment in the common jail not exceeding one year, and fined not exceeding five
hundred dollars. (Compiled Statutes, 1853, chap. 233, sec. 1.)

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								      VERMONT.

	Persons convicted of the crime of polygamy in this State shall be punished by impris-
onment as in cases of adultery. (Gen’l Stat., 1863, c. 117, s. 5 and 6, p. 687.)
	Every person who shall commit the crime of adultery shall be punished by impris-
onment in the State prison not exceeding five years, and be fined not exceeding one
thousand dollars, or either of said punishments, at the discretion of the court. (Re-
vised Statutes, 1850, chap. 108, sec. 1.)

								MASSACHUSETTS.

	Any person convicted of polygamy in this State shall be punished by imprisonment
in the State’s prison not exceeding three years, or by fine not exceeding five hundred
dollars. (Gen’l Stat., 1860, c. 165, s. 4 and 5, p. 817.)

							      RHODE ISLAND.

	Every person convicted of bigamy in this State shall be imprisoned not exceeding
five years, nor less than one year, or be fined not exceeding one thousand dollars. (Re-
vised Stat., 1857, c. 216, s. 1, p. 542.)

								   CONNECTICUT.

	Every person convicted of bigamy in this State shall be punished by imprisonment
in the Connecticut State prison, not less than two years nor more than five years.
(Revised Stat., 1866, chap. 7, s. 128, p. 265.)

								    NEW YORK.

	Every person convicted of bigamy in this State shall be punished by imprisonment
in a State prison for a term not exceeding five years. (Revised Stat., 1852, art. 2, s. 8
and 9, p. 870.)

								    NEW JERSEY.

	Every person convicted of the crime of bigamy in this State shall be punished by
fine not exceeding one thousand dollars, and imprisonment at hard labor for any time
not exceeding ten years, or either of them, at the discretion of the court before whom
such conviction shall be had. (Nixon’s Digest Laws New Jersey, 1868, p. 194.)

								  PENNSYLVANIA.

	Every person convicted of bigamy shall be fined and sentenced to undergo, in the
like manner, and be confined, kept to hard labor, fed and clothed as is hereinafter di-
rected, for any term not exceeding two years. See Penal Laws, XII. (Purdon’s Di-
gest, seventh edition, p. 139.)

								DELAWARE.

	Every person convicted of the crime of bigamy in this State shall be punished by
fine not less than four hundred nor more than two thousand dollars, and shall be im-
prisoned for not less than three mouths nor more than one year. (Revised Code, 1852,
c. 131, s. 5, p. 485.)

								    MARYLAND.

	Every person convicted of the crime of bigamy in this State shall be punished by a
confinement in the penitentiary for a period not less than eighteen months nor more
than nine years. (Code Md., 1860, art. 33, s. 11, p. 207.)

									VIRGINIA.

	Every person convicted of the crime of bigamy in this State shall be confined in the
penitentiary not less than one nor more than five years. (Code Va., 1860, p. 803.)

								    GEORGIA.

	Every person convicted of the crime of bigamy in this State shall be punished by
confinement at labor in the penitentiary for any time not less than two years nor
longer than four years, and the second marriage shall be void. (Code Geo., 1860, sec.
4415, p. 859.)

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								  FLORIDA.

	Every person convicted of the crime of bigamy in this State shall be sentenced to
a line not exceeding one thousand dollars, at the discretion of the jury. (Dgst. Stat.
Flor., 1847, c. 7, sec. 3, p. 499.)

								ALABAMA.

	Every person convicted of the crime of bigamy or polygamy in this State shall be
imprisoned in the penitentiary not less than two or more than five years. (Code Ala.,
1852, art. 5, s. 3232, p. 583.)

							     MISSISSIPPI.

	Every person convicted of the crime of bigamy in this State shall be imprisoned in
the penitentiary not longer than five years. (Code Miss., sec. 11, p. 577.)

							    LOUISIANA.

	Every person convicted of the crime of bigamy in this State shall pay a fine not ex-
ceeding five hundred dollars, and be imprisoned not exceeding two years. (Rvsd.
Stat. La., 1856, s. 17, p. 137.)

							      		  TEXAS.

	Every person convicted of the crime of bigamy in this State shall be punished by
imprisonment in the penitentiary for a term not exceeding three years. (Dgst. Laws
Texas, 1866, art. 2015, p. 429.)

							     		   OHIO.

	Every person convicted of the crime of bigamy in this State shall be imprisoned in
the penitentiary, and kept at hard labor, not more than seven years nor less than one
year. (Rvsd. Stat., 1860, chap. 33, s. 7, p. 404.)

									 INDIANA.

	Every person convicted of the crime of bigamy in this State shall be imprisoned in
the State’s prison not exceeding five nor less than two years, to be fined not exceeding
one thousand dollars, and be imprisoned in the county jail not less than three nor
more than six months. (Gavin & Hord’s Stat. Ind., sec. 46, p. 452.)

								    ILLINOIS.

	Every person convicted of the crime of bigamy in this State shall be punished by a
fine not exceeding $1,000, and imprisoned in the penitentiary not exceeding two years.
(Rvsd. Stat. 111., 1868, div. 11, s. 168, p. 207.)

								    KENTUCKY.

	Every person convicted of the crime of bigamy in this State shall be confined in the
penitentiary not less than three nor more than nine years. (Rvsd. Stat., 1852, c. 28,
art. 4, s. 9, p. 249.)

								    TENNESSEE.

	Every person convicted of the crime of bigamy in this State shall be imprisoned in
the penitentiary not less than two nor more than twenty-one years. (Code Tenn.,
1858, c. 8, s. 4839, p. 867.)

								   MICHIGAN.

	Every person convicted of the crime of polygamy in this State shall be punished by
imprisonment in the State prison not more than five years, or in the county jail not
more than one year, or by fine not exceeding five hundred dollars. (Comp. Laws
Mich., 1857, c. 185, s. 4, p. 1541.)

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EXECUTION OF LAWS IN UTAH.

								    WISCONSIN.

	Every person convicted of the crime of polygamy in this State shall he punished by
imprisonment in the State prison not more than four years nor less than two years, or
by fine not exceeding four hundred dollars nor less than three hundred dollars. (Rvsd.
Stat. Wis., 1858, c. 170, s. 2, p. 973.)

								     MINNESOTA.

	Every person convicted of the crime of polygamy in this State shall be punished by
imprisonment in the State prison not more than four years nor less than two years, or
by line not exceeding live hundred dollars nor less than three hundred dollars. (R.
Stat. Minn., 1866, c. 100, s. 2, p. 620.)

									  IOWA.

	Every person convicted of the crime of bigamy in this State shall be punished by
imprisonment in the penitentiary not more than five years, or by line not exceeding
five hundred dollars, and imprisonment in the county jail not more than one year. (R.
Stat. Iowa, 1860, c. 172, s. 4348, p. 744.)

								    MISSOURI.

	Every person convicted of the crime of bigamy in this State shall be punished by
imprisonment in the penitentiary not exceeding five years, or in a county jail not less
than six months, or by fine not less than five hundred dollars, or by both a fine not
less than one hundred dollars and imprisonment in the county jail not less than three
months. (Genl. Stat. Mo., 1865, c. 206, s. 1, p. 815.)

								     ARKANSAS.

	Every person convicted of the crime of bigamy in this State shall be imprisoned in
the jail and penitentiary house for a period not less than three nor more than seven
years. (Dgst. Stat. Ark., 1858, c. 51, s. 1, p. 367.)

									KANSAS.

	Every person convicted of the crime of bigamy in this State shall be punished by
confinement and hard labor not exceeding five years, or in the county jail not less than
six months, or by line not less than five hundred dollars, or by both a line not less than
one hundred dollars and imprisonment in the county jail not less than three months.
(Stat. Kansas, 1855, c. 58, s. 1, p. 282.)

								     NEBRASKA.

	Every person convicted of the crime of bigamy in this State shall be punished by
fine not exceeding one thousand dollars and imprisonment in the penitentiary not ex-
ceeding two years. (R. Stat. Neb., 1866, c. 12, s. 130, p. 620.)

									NEVADA.

	Every person convicted of the crime of bigamy in this State shall be punished by
a fine not exceeding one thousand dollars and be imprisoned in the territorial prison
not less than one nor more than live years. (Stat. Nevada, 1861, c. 27, s. 127, p. 82.)

									OREGON.

	Every person convicted of the crime of polygamy in this State shall be punished by
imprisonment in the penitentiary not less than one nor more than four years, or by
imprisonment in the county jail not less than six months nor more than one year, or
by fine not less than three hundred dollars nor more than one thousand dollars. (Genl.
Stat. Oregon, 1864, c. 48, s. 628, p. 558.)

								     CALIFORNIA.

	Every person convicted of the crime of bigamy in this State shall be punished by
fine not exceeding two thousand dollars and be imprisoned in the State prison not
more than three years. (Genl. Stat. Cal., 1864, div. 11, s. 121, p. 1519.)

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							NEW MEXICO.

    Every person convicted of the crime of bigamy in this Territory shall be imprisoned
not more than seven years nor less than two years. (Comp. Stat. N. Mexico, 1865, c. 23,
s. 5, p. 312.)

							  ARIZONA.

   Every person convicted of the crime of bigamy in this Territory shall be punished by
fine not exceeding one thousand dollars and imprisonment in the county jail not more
than two years. (Howell’s Code Arizona, 1865, s. 32, p. 69.)

							COLORADO.

   Every person convicted of bigamy in this Territory shall be punished by a fine not
exceeding one thousand dollars and imprisonment in the penitentiary not exceeding
two years. (R. Stat. Col., 1868, s. 122, p. 221.)

							MONTANA.

    Every person convicted of the crime of bigamy in this Territory shall be punished
by a fine not exceeding one thousand dollars and imprisonment in the territorial prison
not less than one year nor more than five years. (Stat. Montana, 1866, c. 10, s. 126,
p. 208.)

						   WASHINGTON.

   Every person convicted of the crime of polygamy in this Territory shall be punished
by imprisonment in the penitentiary not more than four nor less than one year and be
fined in any sum not exceeding five hundred dollars. (Stat. Washington Ter., 1863,
c. 7, s. 120, p. 303.)

							DAKOTA.

   Every person convicted of the crime of polygamy in this Territory shall be punished
by imprisonment in the territorial prison not more than four years nor less than two
years, or by fine not exceeding five hundred dollars. (Stat. Dakota, c. 10, p. 76.)

					Testimony of R. N. Baskin.

													FRIDAY, January 21, 1870,
R. N. BASKIN sworn and examined.
	By the CHAIRMAN:
   Question. Mr. Baskin, please tell the committee, in your own way, all you know in
reference to the condition of affairs in the Territory of Utah as they have been during
your residence there, and as they are now.—Answer. I have been, for five years past,
a resident of Utah ; to explain at all fully the condition of affairs there would occupy
some time, and cover a good deal of ground.
   Q. Of course, we mean you to refer more particularly to the subject of the bill before
the committee, the purpose of which is, if possible, to enforce the laws against the
crime of polygamy in that Territory.—A. I am an attorney, and have had a pretty
extensive practice in Utah Territory; I have had a great deal of business, and I know
that the existing law against polygamy is perfectly a dead letter, by reason of the
utter inability of the authorities, under the existing condition of affairs and system of
legislation in Utah, to enforce that law.
   Q. Why can it not be enforced?—A. Because you can not get a jury to indict, no
matter what the evidence may be. In 1867, Captain Hooper presented a memorial to
Congress from the Utah legislature asking for a repeal of the law against bigamy. In
that memorial the memorialists stated that they were exceedingly anxious to test the
constitutionality of that act, and had endeavored, in various ways, to get it before the
courts, but in vain, the United States courts being unwilling to execute said law. In
order to show his willingness to execute said law, Judge Titus, then United States
judge there, had a jury empanneled, and managed to get several Gentiles upon the
jury. My recollection is that the jury was composed of eleven Gentiles and thirteen
Mormons. The jury, I think, was not summoned in accordance with the statute of

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Utah regulating their selection in the district court, for under that no Gentile could
have been obtained. Judge Titus, in charging the jury, paid especial attention to said
memorial, saying that he was and always had been, willing and anxious to see said
law enforced like other laws, but that it never had been done, because no grand jury
in the Territory had ever indicted any one for violation thereof. The jury sat there
day after day and did nothing. Various witnesses were examined before them, and,
notwithstanding it was notoriously known that one of Brigham Young’s sons had re-
cently taken a third wife, and that many others had recently violated the law against
bigamy, yet, at the end of two weeks, they had accomplished nothing. The foreman
of that grand jury was a member of the territorial legislature and a signer of the me-
morial. The great difficulty in the way of the prosecuting attorney is the impossibility
of proving a marriage. Since the passage of the act against bigamy, the Mormons
have adopted a new arrangement in reference to to these marriages, so that now you
can find no proof of the second or any subsequent marriage. Nothing is known outside
about them, when or where or by whom they are solemnized. All marriages are now
performed in the “endowment house,” and whatever transpires there is secret. And
though when it is done it is not kept secret that a marriage has taken place, and many
persons are well known to have numerous wives, yet it is impossible to obtain any legal
proof. The men who perform the marriage ceremony are oath-bound, and even if
placed before a grand jury on oath, would manage to evade it in some way. Under the
law of 1862, it is impossible to prove a marriage according to the rules of evidence,
which accept no testimony except that of a party who witnessed the solemnization of
it. No license is required beforehand, and no record, unless it be a secret one, kept
afterwards. Previous to the passage of the law of 1862, there was a record of marri-
ages kept by their historian, George J. Smith, now second president, successor of Heber
Kimball. This record is doubtless still in existence, and on the occasion I spoke of, the
district attorney had before the jury every person whom he supposed could have pos-
session of it, and tried in every way possible to obtain some trace of it, but utterly
failed.
   Q. And never did ?—A. And never did. I am satisfied that the party who formerly
kept the record was before that grand jury. I have been informed by half a dozen men
who had apostatized from Mormonism that such was the case, and that they knew it.
And the law is always thus evaded, making the act of 1862 a dead letter.
  Q. You understand the provisions of this bill as proposed by the committee ?—A.
Yes, sir.
  Q. Is it your opinion that under this bill there will be any difficulty in procuring a
legal conviction, if the facts of the case would justify it ?—A. None whatever, sir, if it
is allowed to be proven by the only evidence of which the case is susceptible, to wit,
the acts and admissions of the parties.
	By Mr. Hambleton:
  Q. Open concubinage ?—A. Yes, sir. The territorial legislature of Utah has passed
a law giving the probate courts of Utah concurrent jurisdiction with the district court.
The probate judges are, in almost every instance, selected from bishops of the Mormon
church, whose knowledge of law is very limited, and who pretend to despise lawyers
and all legal knowledge. There is a jury law applying to these probate courts, per-
mitting a probate judge to pick up at any time a grand jury of fifteen men. Under
this machinery, when a Gentile is brought up, the law works very vigorously. But
another law has been passed, regulating the selection of grand juries in the district
court, shutting up every avenue by which a competent jury can be obtained. It is pro-
vided that the jury shall be made up from a list of names placed in a box, from which
twenty-four names are drawn, as a regular jury; and, in case the regular jury prove
insufficient, others must be drawn from the same box; the power of the court to fill
the panel with talesmen, in case of the grand jury being taken away by said law.
The names in that box are selected by county commissioners, who are generally bishops
or officers of the Mormon church ; consequently it contains only the names of Mormons.
   Q. That is in the district court of the United States?—A. Yes, sir.
   Q. And the probate judge you speak of, and the jurors, they (the Mormons) manipu-
late entirely ?—A. Of course.
	By the CHAIRMAN:
	Q. How are the probate judges appointed ?—A. The probate judges are appointed by
the legislature ; the legislators get their position by election by the people, but Brigham
Young practically makes the nomination.
	Q. And the people ratify it?—A. Yes, sir; that is the way of it. I never knew a
member of the legislature who was not a bishop or else connected with Brigham in
some intimate way.
	By Mr. TAFFE:
	Q. I was not aware that jurors were selected in that manner in Utah; it is usually
done by the marshal.—A. That is not the way it is done under the statute of Utah.

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   Q. I thought the organic act arranged all that.—A. The organic act is silent on the
question. The law under which the probate court selects a grand jury would apply
alike to the district court, if the legislature had not afterwards passed a law providing
specially the means of selecting jurors in the district court. With the permission of
the committee, I will read a few selections from the act regulating the mode of proce-
dure in criminal cases.
	By Mr. BUCKLEY:
   Q. Who puts those names into the box ?—A. The county court.
   Q. Not the United States marshal ?—A. No, sir.
   Q. The United States marshal summons no jury whatever ?—A. No, sir. The United
States starts the machinery, but the county court controls it.
	By Mr. POMEROY:
   Q. What would be the immediate effect of trying to enforce this law?—A. It would
create considerable temporary excitement, doubtless; Brigham Young would oppose it
with a stroug hand; but when it came to the pinch, I do not think he would resort to
open violence; and, if he did, I do not think the great mass of the people of the Terri-
tory would back him.
   Q. You think he would not like to provoke a collision with the general govern-
ment.—A. He would threaten it; he would come to the very verge of it; then he
would go down; hundreds, yes, thousands, would desert him the moment he began
any armed opposition.
   Q. I should like to hear your opinion as to the effect the passage of such a law would
produce on the condition of society there.—A. I think it would break up the concen-
tration of power that at present exists in Utah; Brigham is now as absolute as the
Czar of Russia; there is not an act of the legislature which, if it is not dictated by
him, must meet his approval; he controls everything, religious and secular; the pas-
sage of such a law would break up all that, of course, at the cost of great temporary
disturbance, but in a short time that would pass away.
	By Mr. HAMBLETON:
   Q. Who is chief justice in Utah now?—A. C. C. Wilson.
   Q. Where from?—A. Illinois. There is a little collision just now between the
judges, growing out of the question of the naturalization of citizens. The great
mass of the people are foreigners, who have never been naturalized. This probate
court naturalizes citizens. The majority of naturalization papers issue from that
court. When Judge Titus and Judge Drake came to the Territory they decided that
the practice of polygamy was an immoral act and a crime, and in case of naturalization
would put the question to the witnesses which the applicant brought in his behalf, “Do
you know whether he has done anything in violation of the law against polygamy?”
and if the question was answered in the affirmative, they refused to naturalize him.
When Judge Wilson came he took a different view of the law ; he decided that a judge
had no right to ask any such question. And under his administration, which com-
menced just after the land office was opened, which made it desirable for many to get
naturalization papers, no such question is asked, and everybody is naturalized that
comes. The other two judges, however, still adhere to the old rule, and, when a man
comes to be naturalized, ask this question.
	By MR. TAFFE:
   Q. Does Judge Wilson hold that it is competent for the probate court to issue natur-
alization papers ?—A. He does not; he has refused to admit persons to citizenship
whose first papers were obtained before the probate court; and also refused to permit
persons who had been naturalized in that court to sit on grand juries.
	By the CHAIRMAN :
   Q. What is the actual, or relative, number of those who are living in practical poly-
gamy ?—A. That is difficult to tell. Judge Titus, who gave such matters a great deal
of attention, (I never, myself, investigated the matter very thoroughly,) told me that
he thought that not more than one-third of the Mormon population of Utah prac-
ticed polygamy.
   Q. And the outsiders?—A. None of the outsiders. If a man not a Mormon should form
that sort of a relation they would soon be after him to punish him for seduction or
lascivious cohabitation.
	By MR. TAFFE:
   Q. He had no revelation?—A. They enforce the law against seduction and lascivious
cohabitation the most rigidly of any place I was ever in. That comes of trenching on
the prerogatives of the church.
	By MR. POMEROY:
   Q. How many women are there connected with this matter of polygamy ?—A. It

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EXECUTION OF LAWS IN UTAH.

would be mere guess-work on my part to say; several thousand—two or three thousand
at least.
	By MR. BUCKLEY:
   Q. Would the enforcement of this bill cause so violent a disturbance of society as to
be the occasion of much suffering among the women there ?—A. I think not. The
majority of these women support themselves now, and many of them support their
husbands as well.
	By the CHAIRMAN:
   Q. A good many of these wives number two, and from that on, have children, have
they not ?—A. O, yes.
   Q. What would be the effect—not the legal but the practical effect—upon these chil-
dren ?—A. I do not think it would produce so great a change as many imagine. The
men there do not support their children now by virtue of any legal obligation, and I
do not see how the enforcement of this law could make any difference in regard to the
moral obligation. I do not suppose there is anything in the law making it a punish-
able offense for a man to furnish food and clothing to his children, and, as I said,
they do not do it now by virtue of any legal obligation ; and in many cases, they don’t
do it at all. The women do that.
	By Mr. POMEROY:
   Q. What would be the effect to divide the Territory and annex the parts of it to
adjacent Territories ?—A. That question lias been considered very much by those
who were anxious to see this autocratic power broken up. The objection to that is
this: Nature makes the boundaries for political communities. In the case of Utah,
this is particularly the fact. This region is a great basin which will some day be
densely inhabited; the soil, right in Salt Lake Valley, is the richest in the world;
hemmed in by mountains, as they are, the geography of the country necessitates that
the people of this basin should be one indivisible community. I think a division
would be unnatural and impracticable.
	By the CHAIRMAN:
   Q. Even if that objection did not exist, would it not be more difficult to enforce
the law, after such a division of the Territory, making it necessary for offenders
and witnesses, and all concerned, to be dragged several hundred miles away, to be
tried in the courts of Colorado or Idaho, or whatever Territories they might chance to
belong to by such annexation ?—A. I think there would be no difficulty in enforc-
ing the law in either case; no doubt there would be great temporary excitement.
The elements are now existing in Brigham’s own ranks, which, if his political power is
once broken, will accomplish the destruction of polygamy, and the hierarchy existing
there.
	By Mr. BUCKLEY:
   Q. Are the dissensions in the Mormon church of sufficient magnitude to really weaken
Brigham Young’s power to auy serious extent ?—A. Yes, sir ; there is a very large ele-
ment of dissatisfaction among them.
   Q. The northern part, where the Josephites live, is that thickly settled ?—A. No, sir;
it is very sparsely settled. The Josephites number not more than three hundred, I
suppose.
	By Mr. HAMBLETON:
   Q. What is the number of the Gentiles in the Territory ?—A. Comparatively few—
not more than four or five thousand.
   Q. What is the number of Mormons in the Territory ?—A. About from ninety to one
hundred thousand.
	By Mr. POMEROY:
   Q. What proportion of this Mormon population are polygamists ?—A. Not more than
one-third of the adult population I should say, though I am not sufficiently acquainted
with the matter to make more than a mere guess; but I do not think the polyga-
mists amount to a majority; the census of 1860 showed a preponderance of male popu-
lation in said Territory. Speaking of the women of that country under Brigham’s rule,
he takes charge not only of the laws, and property, and marriages, but even of the
courtships of the Territory; marriages outside of the church are watchfully guarded
against; whenever a Gentile begins to pay his addresses to a Mormon girl, he is first
admonished, by letter or otherwise, to cease his attentions ; and if he still persists, he
suddenly finds himself ducked or whipped. If the United States authorities would
exercise a firm control there, so that such things could be done away with, a large
number of Mormon women would marry Gentiles.

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EXECUTION OF LAWS IN UTAH
	By Mr. BUCKLEY:
   Q. They do not love the institution so much, then?—A. No,sir; it is largely a matter
of the force of circumstances with them.
   Q. Does this matter of proscription extend to their courts ?—A. I must do them jus-
tice to say that the question of religion does not enter into their courts, in ordinary
cases; I have never detected any bias on the part of jurors there in this respect, as I at
first expected ; I have appeared in cases where Mormons and Gentiles were opposing
parties in the case, and saw, much to my surprise, the jury do what was right; but
whenever this religion, or their peculiar institution, polygamy, comes in, then they are
very sensitive, and you may he very certain what will he their decision.
	By Mr. DUVAL:
   Q. But if the condition of the Mormon women is so unpleasant, as you describe it,
how does it happen that any are brought to accept polygamy at all; why do they re-
main in Utah, and submit to this condition of affairs ?—A. The leaders take advantage
of their religious prejudices; the teachers and bishops urge them to enter into polyg-
amy as a religious duty, and in most cases they finally yield to these influences, and
find, too late, that they have been deceived, and that it is difficult to escape.
	By the CHAIRMAN:
   Q. What is the character of this godly schism of which you speak? Do the seceders
renounce polygamy ?—A. No, they still hold to polygamy, but they object to Brigham’s
assumption of arbitrary power in temporal matters; they say he has no right to dictate
to them what they shall wear and with whom they shall trade.
   Q. I received a paper a day or two since, from Salt Lake City, containing an account
of a large gathering of women, in one of the wards of the city, in which they very un-
selfishly declared in favor of polygamy. Do you know anything about that ?—A. No,
I know nothing about it, but it is not incredible. A great many women could be found
who would do that; some of them from religious conviction, and some of them from
policy. But, on the other hand, hundreds of women would hail the passage of this
bill with joy. As it now is, Brigham has it fixed so that a woman cannot help herself.
These probate courts have unlimited jurisdiction in cases of divorce and alimony. I
have known the first wife to he divorced and cut off from everything, sent forth alone,
homeless and penniless; and, in many instances, being thousands of miles away from
friends. Women are compelled to quietly submit to their husbands taking other wives,
as one of the provisions of the Utah statutes is, that the fact of parties not being able
to live in peace and harmony together is sufficient cause for divorce. This provision,
with a knowledge of the fact that the probate court has jurisdiction of divorces, gen-
erally secures submission. In many instances, where a first wife leaves her husband on
account of his marrying a second time, she is forced by her necessities to humbly return
and endure it without complaint. Some women, by extraordinary force of will, manage
to get along alone, or to escape from the Territory.
   Q. Who applies for the divorce ?—A. The husband frequently applies for it. How-
ever submissive a wife may have been, she generally becomes “ refractory” when the hus-
band takes a second wife; and if he takes a third or a fourth, it makes all the others mad.
But by threatening them with the application of the divorce law, and leaving them in
the way I have described, they are kept pretty well in the traces.
	By Mr. HAMBLETON:
   Q. What would be the allegation in such a case ?—A. “ That the parties cannot live
in peace and harmony together.” If they regarded marriage with the sacredness which
they pretend, of course they never would have passed such a law. The law provides
that if the court, upon hearing the evidence in the case, finds that it is impossible for
the parties to live together in harmony and unison, a decree of separation shall be
granted. This book [referring to the volume of territorial acts which he held in his
hands] is very poorly indexed, and I cannot at this moment find the law ; hut I know
that is very nearly a literal quotation from it.
   Q. What will be the result to your social status after your testimony here ?—A. Well,
I do not know as they can he any more hostile towards me than they are. My clients
have been assassinated in the most brutal manner. I have been threatened with the
same fate time and again, hut have survived so long. I was attorney for Dr. Robinson,
whom they murdered in cold blood—one of the best men I ever knew. He was a thor-
ough and true Christian, and the founder of the Gentile Sabbath-school; clear of the
vices which are too common among the men who go as pioneers to a new country. He
had been surgeon in the army, and came out there and established himself as physi-
cian. Near the city are some medical springs—warm springs—and he saw that there
was a good place for a hospital and a water-cure establishment, so he took the pre-
scribed method to secure possession of the land surrounding them, and commenced to
improve the land and build a house. His house was scarcely under headway, when the

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EXECUTION OF LAWS IN UTAH.

mayor, without giving a day’s notice, or bringing the matter before any court, or pur-
suing any form of law, declared the building a nuisance, and issued a warrant to his
policemen to abate it, as such, forthwith. They went out to the springs, tore down the
house, and dispersed the workmen. The doctor was not a man to yield his rights with-
out a struggle, and brought suit to recover his property. He received many admonitions
in the shape of anonymous threatening letters, containing pictures of skull-bones, cof-
fins, &c., but he went on. The defendants in the case filed an answer, to which a de-
murrer was interposed, which threatened to prove fatal to their case, if successful.
While the case was under advisement, the doctor was called upon by some man, who
represented to him that a friend of his had fallen from a mule and had broken his leg,
and desired his services as surgeon. The doctor started to go with him, but had not
gone more than a block, when he was set upon by several men who had been waiting
for his appearance, and was literally cut and shot all to pieces. He was the worst muti-
lated man I ever saw. No trace was ever found of the perpetrators of the deed. In
fact, no vigilant attempt was made to discover them by the Salt Lake City police; and
no motive existed for said murder that was known of, except the facts I have mentioned.
I have no doubt whatever that he was killed for the purpose of putting an end to Gen-
tiles taking up land. He was a man who paid strict attention to his business. He
numbered many Mormons among his patients, and was very popular with the mass of
the people.
	By one of the committee:
   Q. Where was this Robinson from?—A. From Michigan, I believe.
	By Mr. HAMBLETON:
   Q. Do the Gentiles and Mormons generally associate together, or are their circles of
society perfectly distinct?—A. Almost entirely distinct. In relation to this Robinson
case, which was the most flagrant I ever knew, I was talking with a gentleman who
has been a Mormon for a long time. He said to me, “Suppose some evening I should
be set upon and assassinated. Brigham will most likely be in the country somewhere,
and no proof will exist of his complicity in the matter, of course. Could he be punished,
and what would be the effect of such an occurrence ? ” Said I, “ Certainly he could
not be punished.” “Well, ” said he, “ I should not be surprised if I were knocked down
some night and served like Robinson. ” Said I, “ Mr. ———, do you not know that
there is some sort of secret organization that strikes in this way at such men as are
offensive to the ruling powers?” Said he, “ Yes, I do know it. ”
   Q. And he was a Mormon himself?—A. Yes; he was a Mormon himself. He was
terribly frightened. I know of several cases where parties have made fraudulent dis-
position of property; but the marshal could never be got to act in the case. I was
going to refer to the case of Mr. Potter, to show the inactivity of the officers when a
church murder is committed. This man Potter had apostatized from the church, and of
course became obnoxious to the authorities. He was arrested on the charge of stealing
cattle. While under arrest a policeman from Salt Lake City and a man by the name of
Art Hinkly went over to Colville. The evidence showed that on the way to Colville
they stopped to take a drink, where others joined them, and still others on the road
to Colville, or shortly after they got there. These men went over at ten o’clock at
night to a school-house, where this man Potter and two others were confined; they were
in bed, but were told to get up and dress themselves. One of the three, a young man by
the name of Walker, inquired what was wanted of them. They replied by telling him
he had better go away. He was afraid to go lest they would shoot him. There were
twelve of the crowd, one of whom acted as captain; Art Hinkly was his name.
The gang started off with their prisoners, when Potter said, “ Gentlemen, where are
you going to take us?” “None of your damned business,” was the reply. He said,
very much frightened, “You are going to take us out here and kill us!” Upon that,
one of them struck him with a gun. He cried “ Murder!” when the other immediately
fired the whole contents of the double-barreled shot-gun into him. Walker was also
fired at, but when he saw the gun aimed at him he instantly dropped and the charge
went over the back of his head, singeing his hair, and some stray shots went into his
head. They fired again and wounded his hand; also the breast of his shirt was burned.
The other man who attempted to escape was pursued and shot while swimming the
river. The perpetrators of this outrage made excuse that these men were under arrest
and attempted to escape; but the testimony of those who saw the ground and the body
of Potter was that his throat was cut from ear to ear, and the blood upon the ground
showed that this had been done after the gun-shot wounds had been given him and he
was prostrate upon the ground. Judge Titus committed the perpetrators of the crime
to the penitentiary, to answer an indictment before the grand jury. The notes of the
United States attorney, and the testimony originally given, are in the hands of some of
the committees. As soon as the matter became public the Mormon papers all, with one
accord, began to excuse and explain away the crime, and there was an evident desire
upon the part of the people generally to throw all conceivable obstacles in the way of
the prosecution. The territorial marshal took the accused in charge to convey them to

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EXECUTION OF LAWS IN UTAH.

the penitentiary; but on arriving at the suburbs of the city, they deliberately set him
out of the wagon, coolly said to him, ‘‘We have no further use for you,” and drove
home. After returning home they wrote an insolent note to Judge Titus, stating that
they did not propose to go to the penitentiary; that they did not like the style of living
there; that the rooms were not furnished satisfactory to them, &c. Judge Titus tried
in various wavs to have the men arrested; but never could do it—never did do it. The
man, John Walker, of whom I spoke as escaping on the occasion of Potter’s assassina-
tion, stopped about the camp for a while and then disappeared; and from that day to
this has never been heard of.
	By a member of the committee:
   Q. When was that ?—A. In 1867 ; just before I left Salt Lake, a young man by the
name of Phelps, a clerk in the office of the territorial secretary, Mr. ———, was pay-
ing his addresses to the daughter of ———, a prominent Mormon. He had been
admonished several times; the father of the young lady had expostulated with her,
and urged her not to encourage the attentions of this young man; but the young
couple were really attached to each other, and, notwithstanding all opposition, were
engaged to be married. But one evening, while going up the street in company with
another young man, two men came out from Brigham’s, and two from the opposite side
of the street, closed in upon this young man and his companion ; the latter they told
to leave, and say nothing; the former they carried to the north side of the temple, and
were opening the gate to take him into the temple block, when he made a desperate
effort to escape; they had omitted the precaution of taking from him his fire-arms, and
he drew his revolver and shot one of them through ; the wounded man fell upon the
spot, great confusion ensued, and the young man escaped; I quote from this young
man’s testimony, as near as I can remember it; what they intended to do with him no
one knows.
	By the CHAIRMAN:
   Q. Do I understand you to say that they have territorial attorneys too, as well as
territorial marshals?—A. Yes, sir.
   Q. By what authority do they appear in the United States district courts ?—A. The
wording of the statute bearing upon that point, is this: (reading from the statute.)
  Q. So the position of United States district attorney is a mere sinecure?—A. A
strong feeling always springs up whenever you make one of these questions before a
Utah court; but I never permit the question of the jurisdiction of the probate court to
go unchallenged, though it always stirs their temper; but I have never been able to
get the question of the jurisdiction of the probate court to the supreme court yet.
	By Mr. TAFFE:
   The organic act is lame there, anyhow.
	By Mr. CULLOM:
   Q. Do you think the deputy marshals provided in this bill are necessary?—A. I do
not think the United States marshal could do the business alone; from one extremity
of the Territory to the other it is four or five hundred miles.
	By Mr. TAFFE:
   Q. Do I understand you to say that in the United States court these territorial offi-
cers appear for the prosecution or defense, as the case may be?—A. Yes, sir.
   Q. And the judge recognizes them as officers of his court?—A. Yes, sir; the position
is this: In that territory there are two courts, the United States court and the terri-
torial court; and, therefore, they have two sets of officers. For instance, when the court
first opens up, the first week it is a United States court; after that, the practice has
been to adjourn the United States court, and open up a territorial court; so there is a
double set of officers all through. Now, the position I have always taken is, that it is
the same court, with different jurisdictions, federal and territorial, and not a double-
headed court; it is a parallel case to that in our courts, where the same judge exercises
both common law and chancery jurisdiction; by virtue of that clause, they have two
sets of executive officers, and claim to have two courts. I once objected to a territorial
prosecuting attorney appearing in a certain case, but they brought up the section
which says, “there shall also be” &c., (reading from the statute.)
   In order to find out the duties 'of the marshal under that section, you must go to
the organic act of Oregon, and that act refers to some other act, and after several
more references, you finally come back to the law prescribing the duties of the marshal
of the southern district of New York. That law prescribes that the marshal shall
execute all processes issued out of the district court of the southern district of New
York.
   Another thing I would like to say: By reference to Utah statutes you will find a great
many grants to Brigham Young. For instance, he has been granted the control of City
Creek Canon. Now, at the head ot that canon is one of the most valuable pieces of
	H. Rep. 21———2

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EXECUTION OF LAWS IN UTAH.

timber in the country. Brigham saw there was money in it, and so secured a grant of
the legislature giving him control of it; and then built his premises in such a way as
to blockade it. And now every man who draws wood from that piece of timber must
give Brigham a certain per cent, of it. In the lake there are some islands. These
islands have been granted, by the territorial legislature, to the church, to Heber Kim-
ball, and to various other parties. They form fine pasturage for their herds. But
should anybody else venture to turn a herd of mules there, their owner would soon
find himself in difficulty.
   An act has been passed for the appointment of a territorial surveyor ; under the pro-
visions of that act a man can get a surveyor to run a chain around a piece of land,
and stick up stakes at the corners, and then that man has a claim on that land. But
should a Gentile attempt, under the laws of the United States, to take possession of a
piece of land thus surveyed, he would soon be ducked or driven off in some way,
though there was no sign of improvements on the land. I know of two men, one a
surgeon in the army, named Williamson, the other a lieutenant named Brown, who
had served for three years. After their discharge from the service, they took up a
piece of land, without a vestige of improvement on it. When they began to improve
and build, some Mormons came out and claimed the land. Lieutenant Brown was a
peaceful man, although a brave one, and told these Mormons that he did not want to
intrude on any other person’s claim, and that if they would show him that they had
ever taken up this land, or commenced any improvements upon it, he would move his
shanty to some other place. The men went away. But that night a gang of twenty
or thirty men came and captured Brown and Williamson. There happened to be a
tent about the premises, and the gang seized the two men, rolled them up in the can-
vas, and carried them to the river Jordan. Lieutenant Brown was a very cool man,
and said, “Gentlemen, all I have to say is, if you are intending to take my life, kill me
like a man, and don’t drown me like a dog.” At this, some one in the crowd recognized
his voice, and stepped forward saying, “You cannot put him in there; when Lieuten-
ant Brown was on the provost guard, I got into a difficulty with some soldiers, when
Lieutenant Brown interfered in my behalf. I did not know that this was the same
man until I heard him speak. I do not want any injury done him.” So, on promising
to leave the country, the two men were released.
   About the same time another man took up a piece of land near the river Jordan,
where there was not a house within two miles. Some other parties took him and put
him in the river. He swam the river, but they shot at him, and a bullet went through
his leg. These are only a few instances among many. The fact is, it is impossible for
a Gentile to pre-empt any land in that country, except it be along the line of the rail-
road.
	By Mr. TAFFE:
   Q. Are those surveys you speak of without regard to the government surveys?—
A. Yes, sir.
   Q. Do they survey land that the government has not surveyed ?—A. O, no; that
country is all surveyed.
   Q. Is it upon surveyed lands that they perform these outrages which you have de-
scribed?—A. Yes, sir.
	By Mr. POMEROY:
   Q. How much land does Brigham Young hold ?—A. I cannot say positively how
much, but several thousand acres of the very best of it. He manages, of course, to
have it taken up in some other person’s name, and holds much of it in trust for the
church.
	By the CHAIRMAN:
   Q. Others take it up and donate it to Brigham?—A. Yes, sir. At the last conference,
last spring, Brigham instituted a new order—the order of Enoch. Everything the
members of this order possess must be dedicated to the Lord; and Brigham, as trustee
of the Lord, must hold the title. Since the organization of this order, many persons,
influenced by their religious convictions and under the pressure brought to bear, dedi-
cated all their property to the Lord—that is, to Brigham Young.
   Q. Did you ever talk with Brigham Young yourself?—A. No; I have heard him
preach often. I once heard him make this declaration in church : He said, “Congress
might make as many laws as they damn please against polygamy, but they would have
as many wives as they please.”
	By a member of the committee :
   Q. He didn’t say “ damn” right out in the meeting, did he?—A. Yes, sir.
	By Mr. BUCKLEY:
   Q. Is there sufficient power in the civil law to enforce this bill if it should pass, or
will it take a military force ?—A. I am satisfied that a very small force at Camp Doug-
las would be sufficient. I do not think any collision would result.

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?				   EXECUTION OF LAWS IN UTAH.

		By the CHAIRMAN:
	Q. You think that all that is wanted is to give assurance to Brigham Young that the
United States government means that this work must stop ?—A. Yes, sir ; that is my
idea. It will doubtless result in much temporary disturbance, but I do not think
Brigham cares to force a collision with the government.
		By Mr. BUCKLEY:
	Q. There is no safety there to the lives of Gentiles now, as I understand it ?—A. No,
sir. Any man who takes a positive stand against Brigham Young can be assassinated
at any time, with impunity.
		By the CHAIRMAN:
	Q. You have been in correspondence with the United States district attorney in
reference to this hill; what does he think of it? Does he think he can successfully
prosecute for these crimes under it ?—A. He does.
		By Mr. HAMBLETON:
	Q. Who is the district attorney ?—A. Major Hempstead.
	Q. What sort of a man is he ?—A. A fine man, of good legal attainments, possesses
all the qualifications necessary, except, perhaps, being a little too cautious.


									0

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It is a fact potent to the world, intollerance
and persecution only creates union notwithstand-
ing the party oppressed may be greatly in
the minority. 		It was so in the days of
Jesus.	"If we let this man alone the Romans
will come and take away our place and
nation," <said the pharasees,> and in consequence of this the blood
of the inocent flowed freely.	Did the martyr-
dom of the leaders of the early christians stay
the spread of Christianity? 		I answer no:-
the blood of the "prophets proved the seed of
the rightous," <as it is said> and we find Christians to day
exhisting in every clime of the known world.
How was it in the days of the Pilgrim Fathers,
when the cruel hand of tyrany was felt by them,
did they relent?	No, They became the more
devoted and united, sustained by <Actuated by> that religous <a>
zeal it knew no bounds short of the toleration
of their religous principles. 	When decensions
comenced to grow out of the Church of Rome,
did the cruel edicts of their inquisition restore
them to their early faith? I answer no.	It
only strengthened them in their <purpose> faith, and occasioned
thousands of others to examine the motives, prompt-
ing them to such sacrafices, — bringing thousands
to the prodistants standard untill their influence is
felt to exceed that of the mother Church, in many
places of the world.	A few neighbouring families
believed Jos. Smith to be a prophet, and their

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neigheighbours did not believe as they did but
commenced to persecute, occasioning them to—
join hand and unite more firmly in their attach-
ment knew no bounds short of the building
of a stlement by themselves in Ohio.	Neigh-
bouring towns becoming jelous of their pros-
perity, again brought persecution to bear upon
them, untill they went enmasse to Missouri
where the same intolerant spirit followed
them, driving them from settlement and from
County to County, while the hospitable and
symathetic flocked to their aid; 	Their stock
was run off their houses, and stacks and—
burned property generaly, burned, taken or other-
wise destroyed; There leaders in some instances
were whiped, tared tarred & feathered, and when
they resisted, one general masacre occured
of men of men women and children, such sceans,
for instance, as the one described at Hanns—
Mill, by that aged woman in the ladies mass-
meeting of Salt Lake <where her husband & son with 16 others were> and <while> all that <throwing into a well> escaped fled
the state, without food shelter or any comforts to
cheer them untill they arrived in the state of
Illinois, where they arrived to find themselves—
dependent upon the charity of strangers.
destitute for employment. 		Having been
partners in their early troubles they were united in
the state of Illinois, and within the short space
of six years had <they obtained a city Charles and> founded a city where in Handcock

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County, orderly and <Clean,> presenting a scean of industry
and beauty unsurpassed <in> upon the Missisipi
valley. 	During this time they obtained a
<City> charters for <and established> a university, an, <and> Agricultural society <flourishing much to their credit> and
a legion [---] numbering thousands marsh[--]d and
drilled deciplined execting the wonder and jelousy
of others <T[---]> Counties and to of the state.	These
people, so much oppressed, having been deprived
of their religous and political rights, used
their liberty at with such unity at the polls
to excite the enmity of that class of men
who usually flock to the frontiers of our
country. Public journals lacking full in-
formation or blinded by prejudice in many
instances, spared no opportunity to pervert
facts, impugn motives, traduce character and
renew the former persecutions of that people.
There leader was required to appear before one
court after another to answer to charges origin[-]-
nating out of vexatious law suits. Finally
in the summer of 1844, There leaders Joseph
& Hyrum Smith, had started to look out [--]
more quiet house farther west. There le<a>ders
<Jos & Hyrum Smith> were finally accused of treason & warrants is-
sued for their arrest; they quietly submited to
arrest and went into Carthage Jail, under
the plighted faith of the state, through its
governer, that they should have a fair <and just>
trial. The facts are, they were only jealous

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of union exhisting under one mans in-
fluence. of And on[-] the 27th day of June
1844 Joseph and his brother Hyrum were
murdered in cold blood. 	Who was the
next man <in> influence to Jos. Smith? History in-
forms us, it is the man who is now and
has been, complained of as wielding uncom
mon, influence as a man upon his associates.
He was, a man then, just verging on the prime
of life when Jos Smith and his brother this then
beloved leader of that people were exasperated with
beyond measure by <the> [-]nknown treachery <that> betray<ed>-
ing theim [---] into the hands of their worst—
enemeys who executed their malignent threats
without the slightest form of law or justice
when that people twenty thousand strong
with the fire of vengence pent six in their
souls ready to break forth with the in all
its fur[-]y, upon their relentless enemies,– yet
this man eaquel to the emergency, with a
<love> far[-] the foll[--] that onley a <tried &,> true and brother
can fell, —he still true to his country and that
people, calmed their feelings,, and consoled <& cheered> their
ch wounded hearts, by teaching them that two
wrongs never makes one right, and thus
taught them humility, trusting in God with
the fortitude of true Christians that God
would in His own way avenge their wrongs
	Witnessing the feelings wronk[--]ing in the breasts

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[most of text crossed out]
of the foes of this people who had forborne
in giving way to their feelings, and should the—
sceans of extermination, witnessed in missouri,
be repeated in Illinois, it would have been impossible
to controle them longer. His next [---] [--]
to make a compromise in which he agreed
to leave the state within a certain time, providing
persecution ceased; in a few months time
every one It was then he encouraged
them to follow him to the west, and
trouble threatened did not stay his west-
ward march untill he reached Council—
Bluffs, where he tarried to form an—
encampment for the winter while their
teams were sent back to bring those
unable to procure teams to assist
themselves. [---] I was this mans in-
fluence used for good to be despised when
we were engaged in a war with Mexico
and Capt. Allen, with a commission,
from this government was called upon
him for five a Batalion of five hundred
men to aid in maintaining our honnor.
I answer no, for he never paused but
influenced men to forsake their wives and
children sons their aged fathers and—
mothers, without houses, food shelters or
suitable clothing to protect them from
the approching winter, while he assumed

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to provid against for their necessities?
And on their 16th of July the men walked
into line and continued a march by way
of Levensworth & Santafe through Desert sands
and untold hardships living part their time
on <half &> quarter rations for 2000 miles.
These men so anxous to prove fair rep-
resentatives of that oppresed people who
valient for their Countries cause and
liberty exhibited as their commander
Col. P. St. George Cook expressed to them
on their arrival on the Pacific coast
in a complimentary order, in which
he acknowledged they exhibited the qualities
of veterens, instead of raw recruits.
	While these men were engaged de in the
service of our country the poor who remained
were forceibley expelled from their homes
with nothing to subsist upon but the prov-
idences of God. To re to suport them, but
the power of God. These people followed in
the tracks of their leaders untill they arrived
in Salt Lake Valley in July 24th 1847; it
was then Mexican Territory. Was it at
this juncture or any other he took advantage
of his influence except for the good of
his country and his people, who
notwithstanding their manny wrongs
still loved the constitution of this our

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And why should they not <confide in> honor him?
He counseled and guided them when they
were earley thrown in contact with him,
	People who have known him and his
fatherly pat<r>iotic course cannot fail to con–
fide <in> him.
	Twenty four years have now passed since
the hand of persecution was severly felt by
that people, during which time they have
so far developed the resources of that
deseret country as render their homes –
comfortable and happy, the people who
were once sowered upon the treatment re-
ceived are beging to court contact with
their early associates in boyhood before
they knew any thing of their present
religious faith; yet let [---] stringent
measures be adopted by way of depriv-
ing them of the right of franchise and
or to afflict those men who are now
grown gray, and the blood of the young
men will begin to warm to the injur-
ey of their friends and the[-] destruction
of their own homes, for there is not
a home woman according as you will see
by the spirit breathed in the womens
mass meeting but would prefir seeing
the country <left> one re[---]rd, blackend waste
resembeling what they found it, in prefer-
ence to the serfdom proffered in the present bill.

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own America and r[--]n aloft our
flag. He stands engrafted in the affections
of his people and is esential to their –
contentment, cherishing his sentiments
as he cherishes, the inspiring words
as he does those of the farther of our coun-
try. Who can blame them for he
hasve been their leader in producing their
prosperity as they believe inspired by
almighty God. When dread want
staired them in the face he devided
his family portion untill his family was
on half rations with the rest. By
his perseverance a De[--]rt was reclaimed
a state government organized and a
Territorial form provided, nourishing set-
tlements that have fed millions through
their industry aiding the Development.
of our millions mineral wealth,
built a great portion of the overland –
Telegraph & four hundred miles of the
Pacific Rail Road. Was his power
unprofitable when he occasiond a com-
paney of Mormons to Charter the good
ship Brooklin and double the cape
settleing upon the very and holding
under our own old flag the present site
of Sanfroncisco? Prest. Young as
we call him was them young,– he is
now old and honored by his followers

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whom they are afraid to marry since the
passage of said act, in imitation of their
more enlightened neighbours. I am
confident if one half said of those people
were true, one at least might be found of
the hundreds of oppressed wives and injured
people one wo
people

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the examination of witnesses, and
corrispondence with eminent—
gentleman in the territory, or
from any source whatever, estab-
lishes the fact that notwithstanding
the law of 1862 upon the Statue-books
of the country declaring bigamy or
polygamy to be a criminal offense, and
providing for its punishment, it is
utterly impossible for the courts of the
Territory, however earnest, energetic, and
determined they may be, to enforce the
laws of the United States, "which it
	I will ask why is this?	Is it because
the people of the territory are unwilling
to be tried or have ever resisted,
in one single instance, the action of
a United States offices in the discharge
of that he [---] to be his duty?
according to the [---]th of his office in
the [--]gl[---] of the before mentioned
state in relation to Polygamy
	It may be [---] [--] [---]
has ever been made.	If not, why
all this talk in relation to the in-
creasing eavel, as it is termed.
	Others will assi[--] it <may be said it> is impossible to
get <obtain> evidence of the violation of the act.
If this is the case perhaps the <statue> is not
violated and my constituents are
adopting the more refined customs
of maintaining unfortunate women who

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whom they are afraid to marry since
the passage of said act, in imitation
of the custom so prevalent in
the older states; for I am confident
if one half that is said of that<[---]>
<those> people were true, out of the hundreds
of illtreated wives and <thousands of> wronged people
one would be found some where
to plant a suit by entering a
complaint.	I have always under-
stood that people to believe <the> such a
statute <in relation to polygamy> to be unconstitutional–
and have every reason to believe the peo-
ple are willing to have the matter tested,
before the proper court, —yet nothing
has been attempted in a legitimate
way, though Judge Titus claims different
	The next testimony before the
committe is a letter, said to have been
written, by Gen. M. B. Hazen who
(having spent much time in the Ter-
ritory of Utah.) Genl. Hazen was in
Utah only a few days, <during which time he partook of my hospitality> I would refer you
to a letter of his.	The letter the comitte <have submitted> although
from a man with <with limited> opportunity <of becoming acquainted with the people> is only given
in part, (another <exported> evidence) of the dispo-
sition of some one, to in[---]ted your s[--]nds
invitation to the people of Utah.)
	The letter refered to <The portion introduced> says "Brigham
Young is at the head of Church and
State." Who put him there? I will
answer if Brigham Young posesses the

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Was this feature objectionable in his
character, when he calmed the anger by
his kind entreaties, of a people 20000 thous-
and strong, made desperate by the
murder of their leaders Joseph and Hyrum
Smith at Carthage, while retained—
under the plighted faith of Illinois by
the governor of the state,— or when
farther trouble portended led and con-
soled them by his kind manner and
industrious example teaching them it was
better to forsake every thing of a worldly
nature than remain and shed the blood
of their felow man; or when he
had reached Council Bluffs and Capt.
Allen, with a Commission, from
this government asked a battalion
of 500 men received the assurance:
that he should have them "you
shall have your battalion, if it has
to be composed of our Elders."
	Said battalion was [---] <[---]> in a few days
and were muster made up of five com-
panies of one <over five> hundred men in all who
were mustered into service on 16th of
July 1846 <by the influence of this man now complained of> And gave evidences of their de-
votion to <their> leaders instructions and the
old flag of their country, <leaving their families unprovided for without food or shelter at Council Bluffs> in a march
of several thousand miles by way

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of Fort Levensworth & California
of		6
Fort Leavenworth & Santa Fe to
California <the Pacific coast> enduring hardships and
deprivations calling forth the falowing com
plimentary order from their commanding
officer on their arrival:—

[the following is a newspaper clipping]
	"HEADQUARTERS, Mission of San Diego, Jan. 30th, 1847.
ORDER No. 1.
	The Lieut. Colonel commanding congratulates the Battalion on its safe
arrival on the shores of the Pacific Ocean, and the conclusion of its march of
over two thousand miles. History may be searched in vain for an equal march
of infantry; nine-tenths of it through a wilderness, where nothing but
savages and wild beasts are found; or deserts where, for the want of water,
there is no living creature. There, with almost hopeless labor, we have dug deep
wells, which the future traveler will enjoy. Without a guide who had traversed
them, we have ventured into trackless prairies, where water was not found for
several marches. With crowbar and pick-axe in hand, we have worked our
way over mountains, which seemed to defy aught save the wild goat, and
hewed a passage through a chasm of living rock, more narrow than our
wagons. To bring these first wagons to the Pacific, we have preserved the
strength of the mules by herding them over large tracts, which you have
laboriously guarded without loss.
	The garrison of four Presidios of Sonora, concentrated within the walls of
Tucson, gave us no pause; we drove them out with their artillery; but our
intercourse with the citizens was unmarked by a single act of injustice. Thus
marching, half naked and half fed, and living upon wild animals, we have
discovered and made a road of great value to our country.
	Arrived at the first settlement of California, after a single day's rest, you
cheerfully turned off from the route to this point of promised repose, to enter
upon a campaign, and meet, as we believed, the approach of the enemy; and
this, too, without even salt to season your sole subsistence of fresh meat.
	Lieutenants A. J. Smith and George Stoneman, of the 1st Dragoons, have
shared and given valuable aid in all these labors.
	Thus, volunteers, you have exhibited some high and essential qualities of
veterans. But much remains undone. Soon you will turn your strict atten-
tion to the drill, to system and order, to forms also, which are all necessary to
the soldier.
	By order of Lieut. Col. P. ST. GEORGE COOKE,
									(Signed)			P. C. MERRILL, Adjt."
[end newspaper clipping]

	Was it objectionable in him, when he
directed one of his agents to raise a –
companey and Charted the good ship
Brooklin taking a company of their
mormons around Cape Horne and locat-
ing The upon the present site of san-
Francisco, or when he provided, for
the destitute families of the batalion,
against starvation and the cold of winter,
or when with <a> selected company of <143>
hardy Pioneers 143 in number who
posessing unlimited confidence in their
leader folowed 1050 miles in a westerly
direction <making their own roads> untill they arrived upon
the present site <to the present location> of salt Lake City

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then recognized as Mexican Territory.
was it at this juncture or any other
he took advantage of his influence
except for the good of his country
and his people, who notwithstanding
their many wrongs still loved the
Constitution of this our <[-]> own America <?> [--]
and run aloft our flag?
	Watch the ability with which he
provided for the needy of his people,
who being <were> 13 [-] hundred miles from
a base of supplies, influencing those
who had, to import, to those in want,
and with incessent toil and care
hope for the blessing of their god upon
their labors, while everything looked
most forbiding in that desert land.
	His influence was next brought to
bear in providing a system of govern-
ment and

[newspaper clipping]
	In March, 1849, a Provisional Government was organized and a State
Constitution adopted by a convention under the name of "The State of
Deseret." A delegate was sent to Congress, with a petition for admission
into the Union. At the first general election, a Governor, Secretary,
Chief Justice and two Associates, Marshal, Attorney General, Assessor
and Collector, Treasurer and Magistrates were elected.
	Under the Provisional Government of the State of Deseret, and before
the Territorial Organic Act passed, the counties of Salt Lake, Davis, Weber,
Utah, Sanpete and Iron were organized, and the cities of Salt Lake,
Ogden, Provo, Manti and Parowan were incorporated. Bridges were
constructed across the Weber, Ogden and Provo rivers, and two across the
Jordan river; new valleys were explored and roads opened into various
parts of the State, all of which were free from toll, although costing an
immense amount of labor, in consequence of the rugged features of the
country, the great difficulty in getting timber, and the scarcity of saw
mills.
	Although the country was one of the most barren by nature ever inhab-
ited by man, scarcely a tree or a bush growing below the snow line with-
out irrigation, no colony ever progressed with more equal and uniform
rapidity.
	TERRITORY OF UTAH.
	September 9th, 1850. an act of Congress providing for the organization
of the Territorial government of Utah was approved; Sec. 7 of which
declares the laws of the United States to be in force in Utah as far as
applicable. The judges of the Supreme Court did not enter upon their
duties until 1853.
	Brigham Young was appointed Governor of Utah by President Millard
Fillmore, and continued in office until the arrival of Alfred Cumming,
in April, 1858, and performed the duties of that office to the entire satis-
faction of the inhabitants, who unanimously desired his re-appointment.
[end newspaper clipping]

If exgovernor Young is continued in the

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affections of <that> his people and they are
not ungrateful to a true friend and
servant, is it any reason why he or
that <they> are to be made a target for <crushed out, and denied>
the all rights of franchise, by working up the old
<prejudices of their enemies> our sh[-]ft[-] of the powerful influences
of this government	Listen to what
Capt. Stansbury, who spent a year
amongst the Mormons while en-
gaged on the Government s[---]ly of
the Great Salt Lake in 1849-50, with <says:>

[The following newspaper clipping is pasted over a crossed out paragraph. The crossed out paragraph has not been transcribed.]
	"In their dealings with the crowds of emigrants
that passed through their city the Mormons were fair
and upright, taking no advantage of the necessitous
condition of many if not most of them. They sold
them such provisions as they could spare at moderate
prices, and such as they themselves paid in their
dealings with each other. In the whole of our inter-
course with them, which lasted rather more than a
year, I cannot refer to a single instance of fraud or
extortion to which any of the party was subjected;
and I strongly incline to the opinion that the charges
that have been preferred against them in this respect
arose either from interested misrepresentation or
erroneous information. I certainly never experienced
anything like it in my own case, nor did I witness or
hear of any instance of it in the case of others while
I resided among them. Too many that passed through
their settlement were disposed to disregard their claim
to the land they occupied, to ridicule the municipal
regulations of their city, and to trespass wantonly
upon their rights. Such offenders were promptly
arrested by the authorities, made to pay a severe fine,
and in some instances were imprisoned or made to
labor on the public works; a punishment richly mer-
ited and which would have been inflicted upon them
in any civilized community. In short, these people
presented the appearance of a quiet, orderly, indus-
trious, and well-organized society, as much so as one
would meet with in any city of the Union, having the
rights of personal property as perfectly defined and
as religiously respected as with ourselves; nothing
being further from their faith or practice than the
spirit of communism, which has been most errone-
ously supposed to prevail among them. The main
peculiarity of the people consists in their religious
tenets, the form and extent of their church govern-
ment, (which is a theocracy,) and in the nature espe-
cially of their domestic relations."
scribes. Lieutenant Gunnison, speaking of the
same period, says:
	"We found them in 1849 organized into a State with
all the order of legislative, judicial, and executive
officers regularly filled under a constitution emi-
nently republican in sentiment and tolerant in re-
ligion; and though the authority of Congress has not
yet sanctioned this form of government, presented
and petitioned for, they proceed with all the routine
of an organized self-governing people under the title
of a Territory, they being satisfied to abide their
time in accessions of strength by numbers, when they
may be deemed fit to take a sovereign position, being
contented so long as allowed to enjoy the substance
under the shadow of a name. They levy and collect
taxes, raise and equip troops for protection in full
sovereignty on the soil they helped to conquer first
and subdue to use afterward."
[end newspaper clipping]

I think we may all thank God for a Brig-
ham Young who has ability to <take> the poor of
these states when maligned hunted
and robed and finaly banished beyond
the pale of these states, <civilization> to influence a—
people despised so they still were to
use these energies to reclaim a desert aid
in <with> the construction of the first tele-
graph line, and build 400 miles of the

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Pacific Rail Road, feeding the people
of Utah the Territory and passing
travelers and suplying the adjacent
Territories with supplies not access-
able from other points,
	"The civel officers of our government,
appointed there, have no power —
whatever and their positions I found
in the highest degree contempt
able.	I conversed freely with
nearly all of them. They were
fully consious of their insignifi-
cance."	How can they expect to
be treated otherwise, when many of
them have proved unworthy of their
slightest confidence and no man
let him be ever so worthey is counted
worthey of the slightest po most
contemptable position in their <that>
<our> government.	"Brigham Young
watches all new-comers untill he knows their
purposes."	And well he may <we might all say> when
we know the treatement they <these Mormons> have been
subjected to, without being accused of crime.
"Curses of God are evoked every sabeth" we
are informed.	While we have accounts
weekly of ministers of different denominations
being invited to address them without one
instance occuring <of abuse being given to their greatest enemy> in which one enemy [-]e

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"Whenever woman there become sufficiently
cultivated to appreciate the true dignity of
a lady, they at once renounce polygamy."
	To demonstrate the feeling of the woman of
that Territory it is only necessary for me
to refir you to demonstrations, made
by most inteligent women the entire
community in relation to the present
bill. They there imprompted, by their
husbands or sons, pledge fidelity to their
religion and their husbands & brothers
though such action should occasion
them to be again banished and leave
their present beautiful homes one—
blackend waste, not resembling what
they found it there.	"The murder
of Dr. Robinson occured while I was in salt
Lake City, and that of Brassfeld some time
previous."	There is no doubt of their
murder from Mormon church influences,
although although I do not believe by di-
rect command."	I have little to say in
relation to this last clause inasmuch as
the writer of the letter he "does not believe
it to have been done, by direct com-
mand."	It is hard to accuse judge and
try a people without knowing the facts
in the case.	This I do not a know
Mr. Brassfield did seduce a mans
wife, and had the, murder, as it <he> is termed
been found, a jury in any state of this

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Union would have acquited him, upon
an arraignment.	As it regards Mr.
Robinson's murder, nothing has been brought
to light to prove who done it.	It is
true he had taken a course to engender
strife with the City authorites, and had
built a ten pin alley within the corporate
limits of the City, when it and endeavored
fraudenlently to to jump the claim of
the City, to a sulpher spring, — but is –
this a reason that the community should
emb[--]y their hands in his blood,? I say
no, for they had recourse to law, to main-
tain <and defend> their rights.	All I can say is
it was imposible to detect who done it,
notwithstanding large rewards were offer-
ed <and the but tallent used> for the detection of the murderer. <to be get obtained>
The foul manner in which this man was
murdered, leads me to believe he had a
secret enemy who took advantage of
this circumstance to cast suspicion
upon a people, heretofore traduced, to
cover up his <damning> crime.	The very nature
of that peoples religion leads them to
abhor the sheding of blood, inasmuch
as the proclaim "a murderer has "no eter-
nal life abiding in him." <This letter farther says> "They only ac-
knowledge alliegence to us through protect" This
letter further says:	I will here introduce an

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Inasmuch [middle of the following text obscured by a newspaper clipping] te have [--]y
suly copied [---] Hazen's letter
I will read [--]

[newspaper clipping]
	*Extract from a discourse delivered by Daniel
H. Wells, one of the prominent dignitaries of the
Mormon church, on the occasion of the fourth anni-
versary of the entrance of the Mormons into the
valley of the Great Salt lake:
	"It has been thought by some that this people,
abused, maltreated, insulted, robbed, plundered,
murdered, and finally disfranchised and expatriated

would naturally feel reluctant to again unite their
destiny with the American Republic." * * *
*	"No wonder that it was thought by some that
we would not again submit ourselves (even while we
were yet scorned and ridiculed) to return to our alle-
giance to our country. Remember that it was by the act
of our native country, not ours, that we were expatri-
ated, and then consider the opportunity we had of
forming other ties. Let this pass while we lift the veil
and show the policy which dictated us. That country,
that Constitution, those institutions were all ours;
they are still ours. Our fathers were heroes of the
Revolution. Under the master-spirit of an Adams,
a Jefferson, and a Washington, they declared and
maintained their independence, and under the guid-
ance of the spirit of truth they fulfilled their mission
whereunto they were sent from the presence of the
Father. Because demagogues have arisen and seized
the reins of power should we relinquish our interest
in that country made dear to us by every tie of
association and consanguinity?" * * * *
	"Those who have indulged such sentiments concern-
ing us have not read Mormonism aright, for never,
no, never, will we desert our country's cause; never
will we be found arrayed by the side of her enemies,
although she herself may cherish them in her own
bosom. Although she may launch both the thunder-
bolts of war which may return and spend their fury
upon her own head, never, no, never, will we permit
the weakness of human nature to triumph over our
love of country, our devotion to her institutions
handed down to us by her honored sires, made dear
by a thousand tender recollections."

[written upside-down along bottom of page]
Inasmuch as the committe did [---]

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Mormons

		nov '71.

papers taken from fire proof pigeon hole in late Nov. 9. 72
	most of there are interesting. that storn having
	been a threatening one. – Shd. be assorted
	k.

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it being our intention as we expect that there may be no mistake about it that &c

Form of Releases by Tithe Payers
	The undersigned members of &c.
	Much of this to be left to the Discretion of Prest Young Se[-]
I would prefer the frankest possible statement of the case: that <[---]>
inasmuch as doubts have arisen in the minds of some – or it has
been alleged by the enemies of this people that the Church of J.C. of L.D.S.
that the Church cannot take title to property exceeding in value $50.000, and therefore
[--], which I wd like better:
	The undersigned
This might be dated as of February 1873 the threatened passage of the
Fortinghuysen bill for instance, and thus refer back to the part only.

(2) At we this  undersigned assign to Brigham Young Senior individually
to be held by him in his own right (and for his own individual and
sole <[---]> interest and benefit <to 4> — as well <any and every> any right title claim or interest which
we may have or he supposed <or alleged> to him or ‘retain’ – either <as will> in the amount of said
any tithing so paid, interest <by [--] in my> thereon <a coming> — <as also> in any  in any real estate of other property purchased <which may have been>
with or improved <or had value added to it by the same (3) for his own &c> by the same  -- in any  augmentation of value of any property
into which the said tithing or interest thereon  may have or be presumed to have entered.
	4 exempt from all accountability or alleged p[--]tend claim to an
	an accountability for the same (to 5) A. B. L S.

Int[---]
to each [---]grat[---]

	(1) The undersigned members of the Church J C. L.D.S. who have
/at divers and sundry times paid tithes and contributions of various sorts <amts> to the
said Church <of J.C. L D S>  and to B.Y. Sr as Prest <[---] in F[---]t for the Church> thereof which are believe to have been fully
faithfully and righteously expended and <fully> accounted for: <by Prest Young are> being desirous of preventing and forbidding
and preventing any litigation presented <which may be presented> by our enemies for <and interest to promote> their own sinister advantage <designs> and [---]
the injury <[---]are> of Pound and Young and her <[---] has family and never here> [---]s. We therefore by others instrument [---] seal
2

[The following is written sideways on left side of page]
they  [--] [---]tion of us and such more evry one 5 of us tht it shall be [---] [---]t at by sa[--] to be his own that or to [---]
to be his and his only for and is central from any 1 ct, hand w[---] or condition <whatever> in[---]s of [---]d.
obligation understanding
Margin for [---]rs

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June 10, 1873

Brigham & Mr. Cannon leave this afternoon. I will
not trust myself with hasty or unconsidered written
messages at our part[-]y. I know you will interrogate
them upon all the facts that I have made
to pass under their view; that the whole of my
work for you may stand or the whole of it be
rejected and fall.
				I call carefull avoid presenting
any middle course for your adoption
							Your friend
								Thomas L Kane

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Note		If the mountains were clear from snow we could meet you at
of			Aspin Station about 110 miles East of Ogden, but I would no recomend
Instruction	it. Evanston would be better, but Echo City strikes me as being the
best place, provided, the road was free from snow, If you could give
us three days notice we could have everything p[--]p[---] prepared to
take you up the Weber River and down the Timponogas River to Provo.
If you should stop at Echo and the road was blocked by snow, some
of us would meet you at Echo City as and inform you in time so you
could continue on the same train to Uinta a small station
some ten (10) miles East of Ogden. The Tin [--]l mines are only
three or four miles from there (Uinta) and it would be nothing un-
usual for a stranger to get off at that point to visit the Tin
mines. We could meet you there and either take you all of the
way to Salt Lake City in a carriage or, to Kaysville one of
our Stations on the Utah Central Railroad and go on the cars
to a point 15 miles south of the City and have your carriage
waiting there for you. In either case we could have
you to Provo City by daylight unless you felt like rest was
necessary, in which case you could remain over during the 24
hours and start south next night. If in Salt Lake or Provo
there are good safe places to stop at so that none but there we
wishes would know of your presence. To facilitate and
hasten your journey you must try and give us from two (2)
to five (5) days notice–not less than two (2). Our train which
connects with the Union Pacific train from the East (the one you
would be on,) arrives at Ogden at 4 PM. our arrives in
Salt Lake at 7.30 P.M. after dark. The W. P. train arrives at
Ogden at 4.30 and it is one hour before our train leaves
therefore it strikes me as best that you should get off at Uinta

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[drawing of a map showing Utah towns, rivers, roads, landforms, and the CPRR  railroad]

[following entry is written in the bottom right-hand corner of the page]

Note (for directions on the back)
	The best place to get off at in
my openion is Echo City quietly take quart-
ers at the Small Hotel and wait until dark
we could then meet you and by daylight
next morning you could be in Provo, pro-
vided the Road was not blocked by snow.
In case Snow blocked the Road you could
get off at Uinta 7 miles from Ogden (East)
and we could take you to Salt Lake and
have you to Provo by daylight the same

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I

June the 25th 1845. This day I landed in the beau-
-tiful Citty of Nauvoo, & was much pleased
with the Society of the Saints & also the Citty &
people in general. I was some few days in the citty
& while I was walking the streets, I came across my friend
Mr Shelton, Who seemed to be verry glad to see me. & it was
												     me
a great gratification to me, to see a friend who had treated^
respect & kindness, as he done did while I traveld in
the State of Virginia, with him, he insisted that I should
go with him home, & Stay with him untill the sickly
season would we be over. I accordingly went with him
home, to Macdonough County, & while I was there
I was at work was for him untill I was there two
months & when I was ready to Start home to to Fathers
he gave me 50 dollars for the work I done for him
When I returned to Nauvoo, Father had came home
from Spring field, it was a t plasure to meet with
him once more after an absence of three years from him
and the rest of the famil family, I felt that I was
once more at home in the the bosoms of safety the
reason I say safety, is, because I had not been in f

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safety while in the State of Virginia acording
to apearances, for I was threatend by mobbs several
times if I did not instantly leave the country &
leave of preaching mormonism to them. I had been
evil spoken of, by the people, not because I had did evil
but because I belonged to that degraded sect called mormons
they could find no fault to the doctrine I taught
them, but they found fault with me, because I
advocated the doctrine taught by the sect. they
often would say if I would leave the church I would
a good fellow. They condemed me because others of our
society had done wrong, therefore I had to suffer for
the crimes others had committed.
I stayed some five days at home and restd rested
myself, untill the 28th of August when Father commenced
to work on a road four miles above nauvoo with
about 50 men myself being one of that number, I con-
-tinued to work on this road untill the 21st of septem-
-ber in at which time I was taken sick with the fever
& ague, this was caused by making use of bad watt water
											    with
I was very sick with fever some time before I shook with
							       I
the ague, but when I took the ague^ shook very hard evry
day, also about this time the mobb commenced burning
the houses of the saints which lived out of the citty in
the country I was verry much greived at when I heard
this, and also about this time the general conferance
comenced in Nauvoo & I was not able to attend it this
also grieved me verry much, the mobb continued to I
commit deppredatoins in different places in the coun
ty of Hancock untill the sheriff raised a possein
the citty to suppress the mobb, f father he was placed
at the head of this these men, who soon put a stop
to their proceedings.

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Mt. Pisgah July 3rd 1847
Dear Sir
		             As Mr Campbell a worthy elder of
this Church is going east to day before the citizens of the United
												Mormon
States the suffering circumstances of this Branch of the ^ Camp des-
tined for California I thought I would direct you a line by him
and I take this opportunity of add expressing the gratitude I have
ever felt for the favors I have received from you. in you I have expe-
rienced that a friend in need is a friend indeed. I wrote you a favorable ac-
count of my prospects in Nauvoo some two years ago. But the reverses of fortune
have brought me to give you a very different idea of things. You will see by Mr
Campbell's Papers that the whole Mormon population have been mobbed out of
Hancock County and have taken up their line of March for California. I had[-] a
good house & shop and was doing a first-rate business which I had to leave
at the point of the bayonett without obtaining the value of the first-cent In the
	    of Winter
depths ^ I crossed the Mississippi River and in a Waggon I borrowed took myself
and family across the wide spread prairie travelling through heavy falls of snow
or stopping have to live in the mud caused by fires and its effects upon the snow-
sometimes to endure the pinching of the extreme cold to such a degree that life seem
ed almost any thing but desirable I arrived at this place about a year ago last Month had
not been here long but in common with the general sickness of the place I had such a
spell of sickness, that many despaired of my life the effects of which still hang about
me. And though I work some when I am well enough, I do not see how I can get me
													   by next-spring
an outfit for the Mountains to travel with the rest of my brethren ^ unless I get some assist-
ance. I thought I could not do better than to make an appeal to those who have hitherto
									you					you
been my tried friends. I doubt not but if ^ knew my situation as ^ have before helped me
in distress you would again. I am now 200 miles from the Mississippi River in the
wilderness where the chance for work is very slim. And my connecion with the
main body of Church who have mostly gone ahead gives me an anxious desire
  go				   do
to on where I could ^ something for myself. You knew when I was with you
													      my
I was pretty strong in the Mormon faith. I can assure you that ^ faith is pretty
much like my iron I use. the more it is in the fire and beaten up the better it is. And
know Sir under the peculiar situation in which I am placed whatever you may
please to donate will come safe to h[---] and be appropriated to my individual
use– So that if I should once more ob[---] home in California I shall have the

----- new page (VMSS792_S3_SS13_B17_F9_I2_p002.jpg)

pleasure of receiving you or your connexion who may feel a resting place
on the Pacific desirable but whether or not know that there shall there be
a heart of gratititude towards those who has heretofore helped one out
of the mire - I would take this opportunity of saying Mr Campbell is a
fine man and would be glad of any assistance you could render
him on his Mission by way of recommendation or otherwise so far
as your influence may extend. You will see <by his papers> that his object is to obtain
funds for the Relief of the poor and distressed in this suffering
Camp. I will draw to a close by wishing you to give my best
respect to Mr Wheelock and others of my Friends and accept
the same from
		Your obedient servant
			Martin H. Peck

[The following is written upside down at bottom of page]
Samuel Brown Esq.
of the firm of Elisha Brown & sons
	Head of the Basin
		Dayton. Ohio

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Spirit of Times

Destressed Mormon Emigrants -
				The Committee appointed to solicit
relief for these suffering people announce that
the following gentleman are authorized to
receive donations of money. second hand clothing,
and goods of any kind for their use.
++ Thomas Earle. 44. N. 5th. St.
* Dr. Caspar Morris. Chesnut above Broad.
++ E. K. Davis. 140 N. 9th.
* Townsend Sharpless. 32. S. 2nd.
George Erety. 288. N. 3rd.
John. T. Smith 499. N. 4th.
* John. K. Coleman. 32. Arcade
Joseph T. Trotter, Shippenbel. Utah.
John Robbins. Apple ab. Poplar
H. Salter Queen at. Hanover

					    Frankford. rd.
Peter Rambor Queen ab. Hanover
						  ^
W. S. Hallowell. 300. N. Sixth 6th.
* Edeo A. Peruvian
* Alexander Browne. Register of Wile's office
* P. C. Jackson. 6th and Arch.
   Andrew Miller. Recorder of Deed's office
   Dr. Isaac Parrish. Arch bel. Sixth
*     Isaac Barton. 27. I. 2nd.
* D.C. Sherritt. 285. Spruce.
   Thomas L. Kane. Cor. Locust & Sch. 4th
*  Thomas S. lavender. 348. N. 3th.
		William B. Githian 157. N. 4th.
		Benjamin E. Freymoth. 339. S. 4th.
The two last named gentlemen will call upon
citizens at their residences.
  By order—		   John T. Belsterling Chairman
			     Andrew Miller Secretary.

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M

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Distressed Mormon Emigrants.

				The Committee appointed to solicit
relief for these suffering people announce that the
following gentleman are authorized to receive
donations of money, second hand clothing and goods
of any kind for their use.

	Thomas Earle. 44. N. 5th. St.
	Dr. Caspar Morris. Chesnut ab. Broad St.
	E. M. Davis. 140. N. 9th. St.
	Townsend Sharpless. 32. S. 2nd St.
	George Erety. - 	3288. N. 3rd. St.
	John T. Smith.	497. N. 4th. St.
	John M. Coleman.	32. Arcade.
	Joseph S. Trotter.	Shippen bel. 11th, St.
	John Robbins.	Apple ab. Poplar St.
	H. Salter	Queen ab. Hanover, St.

	Peter Rambo.	Queen ,ab. Frankford road.
	Wm S. Hallowell. 300 N.  6th. St.
	Edw. A. Pennman
	Alexander Browne. Register of Will's Office.
	C. C. Jackson.		  6th and Arch St.
	Andrew Miller.	  Recorder of, Deed's Office.
	Dr. Isaac Parrish.	Arch bel. Sixth. St. 6th. St.
	Isaac Barton.		27 S 2nd St.
	D. C. Sherritt.	        285 Spruce St.
	Thomas L. Kane.	for. Locust and Sch. 7th. St.
	Thomas S. Lavender. 348 N. 5th St.

	William B. Lethean 159. N. 4th. St.
	Benjamin E. Freymuth	339. S. 10th

The two last named gentlemen will call upon
citizens at their residences.

By order. —	John. T. Belsterling. Chairman.
			Andrew Miller. Secretary.

					Ledger

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North American
	Distressed Mormon Emigrants.
		The Committee appointed to solicit
relief for these suffering people announce that the
following gentlemen are authorized to receive
donations of money, second hand clothing or goods
of any kind for their use.
		Thomas Earle. 	HH. N [---] <[5th.]>
		Dr. Casper Morris. Chesnut above Broad,
		E. Mr. [-]avis		140. N. 9th. St
		Toronseud Sharplets	3[-]. [-] 2nd.
		George Erety		288. N. [---] 3rd.
		John T. Smith		S. 94 N. 4th
		John N. Coleman	32. Arcade
		Joseph S. [-]otter	Shippe[-] [---]. [---]
		John Robbins		Apple ab. Poplar
		H. Salter			Queen ab. Hanover

		Peter Rambo. Queen ab. Lraukforce ra.
		[---] S. [-]al[--]wel[-]. 300 N. [--]t[-]
		Edeo. A. Penniman.
		Alexander Browne.		Register of Wills office.
		C. G. Jackson. 		6th and Arck.
		Andreco Miller. 		Recorder of Weed's office.
		Mr Isaac Parrish.		Arch bel s[--]th.
		Isaac Barton.			24. S. 2nd.
		[-] G. Sherritt.			285. Spruce.
		Thomas L. Kane.		Gov. Loc[---] and [---]. [-]th.
		Thomas S. Cavender.	348 N. 5th.
		William B. Lithean		154. N. South
		Benjamin E. [-]ey[--]	339. [-] South
	The two last [---] named gentlemen with
	[---] upon citizens a[-] their residences.
By order—	John. [-] Belsterling, Chairman.
				Andrew. Miller, Secretary

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Witnessed Mormon Emigrants.

	The committee appointed to solicit
relief for these suffering people announce
that the following gentlemen are authorized
to receive donations of money, secondhand
clothing, and goods of any kind for their
use.
	Thomas Earle.		44 N. 5th St.—
	Dr. Caspar Morris 	Chesnut al. Broad. —
	E. M. Davis. 		40 N. 9th. —
	Townsend Sharpless. 32. G. 2nd.—
	George Erely.		288 N. 3rd.—
	John G. Smith 	499.	N. 4th.—
	John M Coleman.	32 Arcade.—
	Joseph. G. Lrottes	Ghipper bel. 11th.—
	John Robbins		Apple al. Poplar.—
	H. Galter			Licecse al. Hanover—

	Peter Rambo 		Queen ab. Hanover  <Frankford —> road. —
	Wm. [-]. Hallowell	300	N. 6th.—
	Edu. A. Panicp[-]a[-]e—
	Keyaude[-] Browne Register of W[--] office
	C. G. Jackson		6th and Arch
	Andrew Miller	Records of Weed[-] office
	Dr. Isaac Parrish 	Arch bel. 6th
	Isaac Barton		27 [-.] 2nd. [-]—
	W.C.  Skerrilt		285 Meruce. St
	H[-]mia Skaue	Cor. Locust and [-]ch 9th.
	Thomas G. Lavender	348 N. 5th.

		William B. Hithian	159 N. 4rth
		Benjamin E. [-]eqmul[-]	339. [-]. 4th

The two last named gentlemen will sale
upon citizens at their residences.
By order —	John H. Belsterling
					Chairman.
	Andrew Miller Secretary

		Pennsylvanian

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Distressed Mormon Emigrants.

		The Committee appointed to
solicit relief for these suffereing people announce
that the following gentlemen are authorized
to receive donations of money, second hand
clothing and goods of any kind for their
use.
	Thomas Earle		44. N. 5th. St.
	Dr. Caspar Norris	Chestnut ab. Broad.
	E. M. Davis		40 N. 9th.
	Townsend, Sharpley 32.	[-]. 2nd.
	Geroge Erety		288.	N. 3rd.
	John [-]. Smith	497.	N. 4th.
	John M. Coleman	32.	N-eade.
	Joseph G. Lroller.	Shipper bel. 11th.
	John Robbins.		Apple ab. Poplar
	JP. [-]atter.		Queen ab. Hanover.

	Peter Rambo.		Queen ab. Kankfurd rd.
	Wm. L. Mallowell.	300.	N. G. 6th.
	Ed[--] [-] Pinninian.
	Alexander Browne Register of Will's office,
	C. C. Jackson.		6th and Arch.
	Andrew Miller.	Records of Deca[-] Office.
	Dr. Isaac Parrish.	Arch bel. 6th.
	Isaac Barton.		27 G. 2nd
	W. G. Skerritt.		285 Spruce W.
	Thomas S. Kane [-]or [---] [--] 7th.
	Thomas [-] Cavender 348. N. 5th

		Williams B. Lithcan 157 N. 4th
		Benjamin E. Freymuth 389 S. 4th

	The two last named gentlemen will call
upon the citizens at their residency.
By order—	John T. Belsterling Chariman,
			Andrew Miller Secretary

			[---]er

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Andrew Miller Esq
       Andrew M
	  Andrew Miller Esquire
			     Recorder of Deeds.
						   Philada

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Manchester Aug 14th 1851
Col Kane
	   Dear Sir
			  I perceive by the papers that
you have lately returned from the Salt Lake
country. and hoping you may be able to
give me some information upon a subject
of painful interest to me. I take the
liberty to address you. Intelligence has
reached me from California that my
husband Dr John M Vaughan was basely
murdered at Salt Lake City sometime in
Feb last. The report was carried to California
by some emigrants who stated that the
Dr was called out as if on professional
business ,and immediately shot through
the head, causing instant death..
They also stated, that, as the offense was
committed by a Mormon, no notice was
taken of it. and that forty of the
emigrants were kept at work on the
public roads with a ball and chain
fastened to their limbs. S[---]st the host

----- new page (VMSS792_S3_SS13_B17_F9_I6_p002.jpg)

of anguished thoughts that [-]hrong my mind
there arises a faint hope that the report may
be fake .. Dr. Vaughan had letters of introduction
to Gov Young. George A Smith, and other noted
men of the place, and had been for nearly seven
months engaged in an extensive practice..
He was a man of intelligence, honor and of
refinement, and his popular manners always
won him many friends.. Would the Mormons
allow such a deed to pass unnoticed, and would
not some one have had humanity enough to write
to his friends if it was so?. I [-]hink you could not
be ignorant of it, if a prominent citizen of the
place had been assassinated. and I entreat you
to give me all the information you are able
to upon the subject. Please accept my apology for
taking the liberty to address you, and be assured
I shall be deeply grateful for any information
			    me
that can relieve ^ from this state of intolerable
suspense - I hope to hear from you immediately
to my address Mrs A R Vaughan Factory Point
Burmingham Co Vermont .. Trusting this appeal
to your sympathy will not be allowed to pass
unheaded. I remain very respectfully yours
						    A R Vaughan
Col Kane

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E. Doset D.V.		Paid 3
aug 14				 paid

		Col T P Kane
	     Care of the Pennsylvanian
		Newspaper
				     Philadelphia
						     Pa

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Manchester Aug 23d 1851
Col Kane.
		  Dear Sir.
				   More than a week
since, I wrote to you asking for
information upon a subject of painful
interest to me ,but as I have received
no answer ,I fear the letter was misdirected
and invite again, brushing you will
pardon or unhappy woman for her
impatience and importunity.
I perceive by your correspondence with the
President. which was published in the
Pennsylvania, that you are fully and
personally acquainted with the affairs of
the Mormons at Salt Lake ,and hoping you
may be able to relieve me from suspense.
I take the liberty to address you ..
A report has reached me from California
that my husband, Dr John M Vaughan, was
basely assassinated as Salt Lake City sometime
in Feb last .. The report was carried to California

----- new page (VMSS792_S3_SS13_B17_F9_I7_p002.jpg)

by some emigrants from Salt Lake and they
stated that Dr Vaughan was called out as if
on professional business, and immediately
shot through the head causing instant death ..
They also stated, that as the offence was com-
-mitted by a Mormon no notice was taken of it,
and that forty of the emigrants were kept at
wo[-]h or the public works, wish a ball and
chain fastened to their limbs ..
Since reading your report of Gov Youngs
"irreproachable moral character" I have felt
	 that
a hope the report of the emigrants may be false.
Dr Vaughan had letters of introduction to Gov
Young, George A Smith, and other noted men
of the place ,and had been for seven months
engaged in the practice of his profession ..
He was a man of honor and intelligence.
and his popular manners always won him
many funds ,, would the Mormons allows such
a crime as murder to pass unnoticed. and
would not Gov Young have felt is his duty
to secure The Dr's property. and inform his friends
if he were assassinated. I hope you will be
able to give me all the information I desire
upon the subject. and I entreat you to do
so without delay .. If you have lately returned
from Salt Lake. you can not be ignorant of an
event that would be likely to startle the whole
community .and I hope you will be able to repute

----- new page (VMSS792_S3_SS13_B17_F9_I7_p003.jpg)

The report by your own observation
Please accept my apology for taking the liberty
to address you. and be assured any information
you can give will be most gratefully received
Address Mrs A R Vaughan Factory Point Bennington
Co Vermont .. With much respect. I remain yours
Col Kane						     A R Vangham.

PS   My dear sir
	I entreat you to write immediately
for I can not but cherish a hope. That you
can tell me that, which will save me
from despair
			  yours A R V

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Col Thomas L Kane
    Care of the Editor of the
    Pennsylvanian
	   Philadelphia
		  Pa

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With your leave I will suggest:
W. C. Staines (who will be here at 4,o'c on my request) go
home as fast as steam can cary him and be the bearer of
Two letters.
One from you confirming the telegram and the condition
of affairs, in brief, and a request for these two (2)
Ciphers
One from me to Father continuing a few words of
affiction an and individual request that he takes
care of himself.
One also to Gen Wells to forward with all dispatch
possible, bro Staines to Father's presence
A cipher can be sent by Staines, sealed with
your own seal, which will be broken by Fathers'
hand alone, differing from the one we have now
my reasons I will give after Staines' departure.
Staines [-] have instruction from both of us not to
let those letters quit his keeping until they are
placed in Father's hand, except they are intructed
to Brigham Jr. with his solemn promise that they
will not quit his hand until they are placed in
Father's – L. V.