avoid the confusion which will always arise from the pursuance of a different
policy in a Territory so far removed from the parent government as is Utah
Territory.”16
The situation in Provo finally eased when Cradlebaugh left for southern
Utah with several hundred men. He hoped to capture the men responsible
for the massacre with a quick march. On this occasion, Cradlebaugh once
more called out troops to assist him after Cumming reportedly refused
his request and after territorial marshal Peter Dotson claimed he needed
a military posse.17 However, questions remained: Who in Utah was in
charge—Cumming, Cradlebaugh, or Johnston? Who could call out troops in
a judicial proceeding?
In the following letter, Young asked Kane to lobby President Buchanan
in hopes of obtaining instructions to the Utah judges, marshal, and deputy
marshals that they could not “call upon the Military for aid.” The Church
Historian’s Office journal notes that George A. Smith helped with the writing
of the letter.18 In his response, written on July 24, 1859, Kane reported on these efforts.19
15. Alexander
, Latter-day Saint Investigation of the Mountain Meadows Massacre.
16. Cumming to Cass, March 25, 1859.
17. Peter Dotson to John Cradlebaugh, June 3, 1859, printed in San Francisco Bulletin, June 24, 1859, 3.
18. In addition, another letter was sent to Kane on June 2, 1859, though the author is unclear.
Church Historian’s Office Journal, May 3, 1859 and June 2, 1859, CHL.
19. Kane to Young, July 24, 1859.
326
the prophet and the reformer
Source
Young to Kane, May 3, 1859, box 15, fd 3, Kane Collection, BYU.
Retained letterpress copy is in Brigham Young Letterbooks, box 5, vol.
5, 124–126. A draft is in box 18, fd 18, BYOF.
Letter
G. S. L. City, May 3, 1859,
Col. Thomas L. Kane,
Philadelphia, Pennsylvania,
Dear Colonel:—
Another opportunity occurring for safe transmission, permit me to
address you frankly, expressing my views and advancing statements
with that candor due from one lover of and laborer for the best interests
of mankind to another.
Were one inexperienced in the conduct of men and the power of
evil, the expense and labor expended by portions of the human fam-
ily to vex, injure and trample upon other portions, would indeed seem
strange, especially when the commonality, as to species, of all portions
is embraced in the reflections. Under impressions, which it claims to
have been unbiased, the Government sent a new batch of civil offi-
cers to Utah, accompanied by a large military posse, at enormous
expense. Reasoning naturally, a judicious person would conclude that
those officers and that posse, upon learning the baseless foundation for
so needless and expensive a movement, would have gladly united in
fairly placing the facts before the world, and most cheerfully assisted in
relieving the nation of so great and worse than useless an expenditure
of its treasure. But love of place and power, without regard to merit,
and the various gratifications commanded by wealth, regardless of right,
have so crazed the minds of far [p. 2] too many that good principle and
the conduct consonant therewith, whether in moral, social, or religious
affairs, have become almost obsolete.
The self and might-appointed regulators of the conduct of Utah find
themselves still troubled to adjust matters they do not understand, and
still differ widely as to the best method of making the most capital,
financial or political, out of the squandering of the public treasure. The
Judges, sutlers, freighters & apparently the army seem determined to
stir up a collision with the citizens, under new pretexts as fast as others
Young to Kane, May 3, 1859
327
are tried and fail, lest their notoriety be driven to a poor market and
their selfish schemes come to naught. On the other hand your friend
Gov. Cumming and District Attorney Wilson still evidence an anxiety
for the prevalence of even handed justice, and it is not a little singular
that they are not more promptly and decidedly sustained, by the powers
at Washington, in their efforts to carry out the Presidents Proclamation
of april 6, 1858,20 Governor Cumming’s declarations upon his arrival and
subsequently,21 and the understanding with the Peace Commissioners.22
The instructions of June 29, 1857, to the army in Utah, insomuch as
they place military posses under the requisition, of the Judges, Marshal
and Deputy Marshals, have already proved very detrimental to the
Ends of justice and afforded facilities for an embroilment or plausible
pretexts therefor.23 Under their authority Judge Cradlebaugh, appoint-
ing and holding a court in Provo contrary to all [p. 3] law known by us,
required and received the presence of troops in and arround the court
building, and prisoners, some of whom were arrested on bench war-
rants when summoned as witnesses, were committed to the care of the
military, and all this not only without having called upon a posse from
the county or district, but without having so much as even called upon
the properly constituted civil authorities to take charge of said prison-
ers. True this was done under the plea, by the Judge, that there was
no jail in the county, and that the Territory had failed to provide for
securing and maintaining prisoners.24 The latter plea was ignorantly or
willfully untrue, and certainly no one will pretend to say that there are
not many buildings in Provo wherein prisoners can be more securely
20. On A
pril 6, 1858, President Buchanan issued a proclamation granting “a free and full
pardon to all who will submit themselves to the just authority of the Federal Government.”
A Compilation of the Message and the Papers of the Presidents (New York: Bureau of Literature, 1997), 3026.
21. Young was probably referring in part to Cumming’s declaration: “I come with no prejudices or enmities, and by the exercise of a just and firm administration, I hope to command your confidence—Freedom of conscience, and the use of your own peculiar mode of serving God, are sacred rights, the exercise, guaranteed by the Constitution, with which it is not the province of the government or the disposition of its representatives in this territory to interfere.” Proclamation of Alfred Cumming, November 21, 1857, BYOF.
22. For a copy of the proceedings with the Peace Commissioners, see BYOF.
23. Lay to Harney, June 29, 1857.
24. The Utah penitentiary had been operating since 1854, though it was in poor condition by this time. See Young to Almon Babbitt, September 29, 1855, BYOF; James Hill, “History of Utah State Prison, 1850–1952” (M.A. thesis, Brigham Young University, 1952), 45.
328
the prophet and the reformer
and cheaply kept and guarded than in a tent; and besides, the local
authorities informed the Judge that they had a building well adapted
to the required purpose and would be responsible for the security and
forthcoming of all prisoners delivered to their care. Why not have tried
them? There would have been far less chance for prospective strife, and
a large force in Utah. So far as prisoners under the laws of the United
States were concerned, the Judge’s military requisition was not so partic-
ularly objected to, but such conduct towards prisoners under Territorial
laws justly met with censure and strenuous objection, especially as the
court was illegally held, though all to little or no effect, for the Judge,
apparently held his [p. 4] court utterly regardless of law, or the rights
and feelings of the citizens.25 If anyone entertained an idea that he had
an intention of impartially enquiring into alleged transgression of law,
it was speedily dissipated by the presence of a military posse, the rejec-
tion of civil aid, and arrest of attending witnesses upon bench warrants.
The legitimately and easily foreseen result of such a course was the
sudden stampede of parties and witnesses, and the consequent termi-
nation of the court. A result so easily foreseen may have been carefully
calculated, and the illegal court farce been enacted on purpose to bla-
zon to the world, as they have, that Utah is banded together to screen
offenders. But, to the reflecting, that statement comes with an ill grace,
and the position defeats itself, for the military were called into requisi-
tion at the very outset, and the civil authorities entirely ignored, thereby
instituting a military tribunal, altogether illegal at that, before which no
citizen would willingly trust his case. Thus far, thanks to an overrul-
ing Providence, the machinations of the evil have been frustrated, and
affairs, at this moment, are very quiet, notwithstanding frequent rumors,
within the two weeks past, that Judge Sinclair and a large military posse
designed visiting this city to hold a court. Those rumors have grown
fainter during the past few days.
Would it not be well to have the army instructions, above alluded
to, presented to the notice of the President, and have so much thereof
rescinded as pertains to authorizing the [p. 5] Judges, Marshal and
25. In a petition to Cumming, M
ormons argued that Cradlebaugh was violating the law
drawn up by the three territorial justices when they arrived in Utah in August 1858. They stated that Cradlebaugh’s court proceedings in Provo should have been held in Fillmore in November and should have been confined to territorial rather than federal matters.
“Memorial and Petition,” Deseret News, March 30, 1859, 2.
Young to Kane, May 3, 1859
329
Deputy Marshals to call upon the Military for aid?26 at least not until the
civil authorities and posse of the County or district have been tried and
found wanting, which, with me, is not a supposable case. What possible
harm can arise from rescinding a license capable of being wrested to so
much mischief, and now conducive to no possible good?
Had we carried out our moving designs27 of the last season, I would
not now have needed to trouble you with these questions, nor would
we now be annoyed by such vexatious proceedings. But we trusted
to the Presidents Proclamation, the Governor’s entreaties and the fair
statements of the Peace Commissioners, and returned to our homes;
and now, having literally and fully complied with all requisitions, we
claim the promised protection in our homes and rights, and strenuously
request that Government take all clubs from the hands of the opponents
of justice, and promptly and decidedly sustain Governor Cumming and
Attorney Wilson in their wise, fair and statesmanlike course and policy.
Let this be done, and those who seek strife for various personal and sin-
ister motives will be apt to soon look for fields more favorable for their
operations than is Utah.
But a truce to politics, policies, and the ways of the wicked, and let
me inform you that a rather tedious winter and backward spring have
given place to delightful weather, and prospects are flattering for abun-
dant [p. 6] harvests.
Please accept my sympathy for the delicate state of your health, and
the kindest wishes and regards for your best welfare and that of your
dear family on the part of,
Truly your Friend
Brigham Young
26. S
ee Kane to Young, July 24, 1859.
27. A reference to the Mormons’ Move South.
57
Kane to Young, July 24, 1859
after Kane reCeIved Young’s May 3, 1859 letter, outlining Judge
Cradlebaugh’s actions, he successfully lobbied President Buchanan and
Attorney General Jeremiah Black to restrict the power to request assistance
from federal troops to the governor. In May 1859, Black criticized Cradlebaugh
and fellow territorial judge Charles Sinclair, writing that the troops “ought
not to have been sent to Provo without the concurrence of the Governor.”1 As
stated in the featured letter, Kane discussed the situation with Buchanan in
June; Kane reported to Young that Buchanan “went out of his way to speak in
terms of severe condemnation of the course of the Cradlebaugh ayucuchos”2
and praised the Saints’ “attachment to law and order.” Kane also indicated that
Buchanan supported territorial officials sympathetic to the Saints, including
Cumming, Attorney Alexander Wilson, and Superintendent of Indian Affairs
Jacob Forney.
While agreeing with Young and Kane on the immediate issue of the legality
of Cradlebaugh’s actions, Buchanan and Black asked Kane for more information
on the Mountain Meadows Massacre. Kane suggested that Young write a con-
fidential letter to Kane that he would then show to Black. Young, who received
Kane’s letter on October 24, responded to this request on December 15, 1859.3
1.
Jeremiah Black to John Cradlebaugh and Charles Sinclair, May 17, 1859, printed as
“Highly Important Letter,” Sun, June 9, 1859, 1. For Cradlebaugh’s and Sinclair’s appeal, see Cradlebaugh and Sinclair to James Buchanan, April 7, 1859, Senate Executive Documents, 32 (36-1), serial 1031, 5–9.
2. Ayacuchcos refers to a group of Spanish military leaders, known for their excessive militarism, who were defeated in the Ayacuchos region of Peru in 1824, essentially ending Spanish dominion in America. See Natalia Sobrevilla Perea, “From Europe to the Andes and Back: Becoming ‘Los Ayacuchos,’ European Historical Quarterly 41 (2011): 472–488.
3. A clerical notation on the letter indicates the date it was received from the “East Mail.”
Kane to Young, July 24, 1859
331
Kane also mentioned to Young his frustrations with Cumming, writing
that he had just received from him a “foolish” and “very drunken” letter. (One
Mormon described the corpulent Cumming as “tub built, so that he seldom
can get liquor enough aboard.”4) Nevertheless, Kane recognized the value of
Cumming’s support of Young and the Latter-day Saints, and he believed that
Cumming’s possible removal as governor loomed as the greatest threat to
Kane’s vision of the proper resolution to the Utah War. In August 1858, Kane
had informed Young that he planned to bolster Cumming’s public reputa-
tion in a “narrative which I shall present next winter.”5 To satisfy Cumming’s
/> vanity, solidify his alliance with the Saints, and strengthen his credibil-
ity with Buchanan, Kane would present Cumming as the key peacemaker.
Buchanan’s search for a possible replacement for Cumming during the win-
ter of 1858–1859 prompted Kane to deliver his lecture defending the governor
before the New York Historical Society in March 1859. Suffering from poor
health during the lecture, Kane presented a “eulogium of Gov. Cumming” and
his decision to travel to Salt Lake City unaccompanied by the army and with-
out full assurances of his reception. Complaining that “no man has been more
vilified and had less justice accorded to him,” he lauded Cumming’s “gallant”
conduct in securing peace.6
Kane’s lecture accomplished its aim of helping Cumming remain Utah’s
governor. According to George Q. Cannon, Buchanan anxiously inquired
about the lecture, and he “felt much relieved” that Kane had not contradicted
the president’s own public statements (though he had shifted the emphasis
on Utah’s pacification from the peace commissioners to Cumming). Kane
pronounced himself “very well satisfied with the result.” Cannon agreed, call-
ing the lecture “most opportune—it was a blow, and a telling one, too, in the
right spot,” which gave Kane “reason to think Governor Cumming safe for the
4. S
ee “District Court,” Deseret News, January 12, 1859, 4. Young described Cumming’s drinking: “The Governor though by not any means an exception to this rule [of drinking] is more compes mentus while under the influence of liquor than the most of the others, and although naturally tyrannical and oppressive in his nature, still we do not wish to exchange him at present, for fear we might get a worse one.” Young to Horace S. Eldredge, December 30, 1858, BYOF.
5. Kane to Young, August 25, 1858. Elizabeth Kane worried about Thomas’s health and at first opposed the lecture. She wrote that Thomas was nevertheless determined to “put it through,” a phrase that Elizabeth thought “curses his life.” Elizabeth W. Kane, journal, February 27, 1858, BYU.
6. Cannon to Young, April 6, 1859, April 14, 1859, BYOF; “The Executive of Utah, Lecture by Col. Thomas J. [ sic] Kane,” New York Times, March 23, 1859. See also Elizabeth W. Kane, journal, February 27, 1859 and March 13, 1859, BYU.
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