t'A 9,4%,, Rf  i{Q~t.
I
7I.   a  I  K
[H. OF REPS.]
Ex. o. c.
No. 25.
-.  /
UTAH.
M E S S A GE
FROM TIE
PRESIDENT OF THE UNITED STATES,
JIformation in reference to the condition  of affairs  in
Utah.
JANUARY 9, 1852.
Referred to the Comimittee on Territories, and ordered to be printed.
To the House of Representatires:
In answer to the resolution of the House of Representatives of the 15th
ultimo, requesting information in regard to the Territory of Utah, I transmit a report from the Secretary of State, to whom  the resolution was referred.
MILLARD FILLMORE.
WASHINGTON, Jaiuiary 9, 1851.
DEPARTMENT OF STATE,
VWashington, January S, 1852.
The Secretary of State, to whom has been referred the resolution of the
House of Representatives of the 15th ultimo, requesting the President to
communicate to that House all such information as "may be in his possession, calclilate(1 to show the actual condition of things in the Territory of
Utah, and especially to enable the House to ascertain whether the due execution of the laws of the United States has been resisted or obstructed;
whether there has been any misapplication of the public funds; and whether
the personal rights of our citizens have been interfered with in any manner,"-has the honor to lay before the President the papers mentioned in
the subjoinedt list, which contain all the information in this department called
for by the resolution.
Respectfully submitted:
DAN. WEBSTER.
To the PRESIDENT OF THE UNITED STATES.
:32d CoziGRms,
lst Sessi&n.
TRANSMITTING
t
tli,e Territory of
I 
Doc. No. 25.
I,IST OF PAPERS
jccoor~nlzying the report oj the Secretary of State to the President, of
the Sth of January, 1i52.
Mr. Bernhisel to the President of the United States, with enclosures,
December 1, 1S.1l.
Mr. Snow to the Presid(lent of the United States, September 22, 18S51.
Governor Young to the President of the United States, October 20, 1S51.
Report of Messrs. Brandebury, Brocchus,  and Harris, to the President
of the United States, December 19, 18,51.
Mr. Harris to Mr. Webster, January 2, 1S52.
Mr. Harris to the President, with enclosures, January 2, 1S-52.
Mr. Bernhisel to the Presid(lent of the UInited States, December 30, 185.)1.
Governor Young to the President of the tUnited States, September 29,
S1851.
Memorial signed by members of the Legislative Assembly of' Utah to
the President of the UInited States, Septelnl)er 2}9, 1S1.
2 
Doc. No. 25.
Fro..To,?i Jil. Bcrt,hisel, esq., Dele,Tale jrom  Uch  Te,-ritory, to the
President.
UNITED SRTATES HOTEL,
December 1, 18.51.
Sir: Agreeably to your request, 1 ha- e the hon.or to inform you that thenews of the organization of the Ter, tor, of T'talh was most gratefully receivc(l bIy its inhabitants.  The news of flie p.s:age of the bill cstablishing
the government, an(l the appointmer-it.ii(icr it of officers, executive and
judicip-], reached Great Salt Lake City   out (Christinas or New Year last,.
and( was greeted by the firing of canao' a - l every other (ldeaonstration of'
enthusiastic joy.   The governor too' the o;thl of oiice soon afterwards,
but the Territory was not fully organi]  (1 until the beginning of August.
The 4th of July, the last glorious ann ivers'try of our independence, was
celebrated at Great Salt Lake City wit  l._            le  e clat.  The officers
not residents of the Territory reached t',e sc(:ne of their dluties a fortnight
after, on the 19th of July, with the exce ]tioi of Ju'e Peri ry C. Brocchus.
The o'-icers were all respectfully and I-ospitiably received   They showed
themseilves pleased with the corllition of the Salt Lalze settlement, and the
comforts which the in(lustry of its inhabitants had g;:thlere(d around them ir
their Ailine home; although they foun(l the Cilifor,iiat prices which prevaill
there, antl the expenses of living un(ler them, inco,m nacsulrate with the rate
of salary ganjted them by the l,ite(  States.  At their request; therefore,.,
I am the bearer of a petition, of.hbch 1I enclose yot, a copy, praying Con —
gress for an increased rem.uneration.  A; t ti,ougll is yet, owing to the pacific ch.ra-.cter of our people, r' ca:; is   t)ownl to ha e occuired which may
invoke the.-ctioii of the court oir its oJlicers, this request will not, l)erhal)s,
be leeme^l unrea(sonable.  I left Utaih  (''ritory upon the first of Sepfember
last.  Up) to that date the hartiony l)(i  eae  prevailing between the dlifferent oficers of the Government  iai(I th,. ieople coiintinue(l  uindisturbed.
The only statements that I have se -    to the contrary appear  to be based
upon a letter enclosed(l, which 1-;as all, tre(i in some of the public 7)rints, purporting to have been written by t ju Liciasl] officer of the Go verninent, and
dating from Salt Lake  City, September 20, 1851.  As I Ihave as yet received no mail fi'om the Territo y, nor any information of',ny kin(] about
its affl'tirs sine my departure, I am left to the lett,r alone for the ei(dence
whic' it contains, and to this I beg to refer you with some  attention.  It
declares that " not only vwere the o.0-iicers sent here  tr.eate(il with collness
and dtis espect, but that the Governene   t of tlhe Unite(l States, on all public
occasions, whether festive or reli,ious, was d(lenounced  in the miost disrespectfui terms, and often with iiivctivs  of grecat bitterness;"' and proceeds
to mention two instances to substantitt tII; statenenit.
At t'le occasion first named,,the celebration of the 4-th of July, the?putaftive writer (If I mnay employ tne expiressio' ) was not present.  Judclge
Brocchus (iid not arrive in the'erritory till tlt, 7th of August.  But I was:
present.  I had the privilege of:istening to Governor Yout:g's remarks attentively, and therefore know th'it he mad(le no refliecti;ons injurious to the
public services or private character of the late lamented Prc,s;i.ent Taylor,
or in fact any allusions to him whatever, that I can remember-.   The writer's
statement, therefore, is so far untrue.
The second "iastactce" also is open to correction.  Its statement is, that
the write'r being commissioned by the WVashington Monument Society to
3 
Doc. No. 25.
rrocure for they'l a bloc' of marble, apprized Governor Young of the trust
committed to his hands, and expressed a desire to address the people on tale
.subject, when assembled in their greatest number; that the governor, in
order to accede to his request, upon the Monday following, "respectfully
an..d honorably introduced" him for the purpose to a meeting of at least three
thousand people; that he spoke for two hours, during which he was favored
with the unwavering attention of his audience; but that he then, by his own
statement, "incidentally- thereto (as the Mormons supposed") attacked the
governor and people, and concluded by what they cannot but have taken
as a most watnton insult, "that if they would not offer a block of marble in
fll fellowsiit_iththe people of the United States, as brethren and felo6wcitizens~ they had better not offer it all, but Ieave it unquarried in the bosom
of its native mountain."  I (do not remark upon this strange mode of springing an insult upon a public meeting, after its patience had been tried by a
two hours' oration; impolitic, one would think, in a judicial officer, desirous
to keep the peace, or ati agent of the  VWashington Monument Society, wishing to obtain a tribute to the memory of the Father of his Country, but
merely ask you to observe tihat the public attack of the "judicial officer"'
upon the governor of the Territory, appears also to have been based upon
Mir. Young's alleged expressions upon the memory of General Taylor, which
certainly were not cast upon the occasion to which I have already a(lverted.
The letter-writer States, moreover, that at the celebration of the 24th
of July, "the orator of the c(lay spoke bitterly of the course of the
United States towa'rds the Church of Latter Day Saints, in taking a battalion of men from themi for the war with Mexico, while on the banks of the
Missouri river, in their flight friom the mob at Nauvoo; that the government had devised the mnost wanton, cruel, and dastardly means for the acc(omplishment of their ru,in, overthrow, anid utter extermination; at which
t;.ime also Governor Young denounced, in the most sacrilegious terms, President Taylor."  I again irepeat, the writer of the preceding extract was not
present at the celebration to which he refers.  There were some ten or
twelve orators on that occasion, and the whole day was occupied by their
speeches; but I heard no such language as I have quoted, nor any other
ashich could be c(onstruedl into the slightest disrespect towards the Governm-Ient of the United States.  All the officers of the government who were
,then in the Territolry dined with the governor on that day.  I am not aware
that a single incid(lent occurred to mar its gaiety and good fellowship.
The government did not TAKE from us at battalion of men, but one of its
iost gallant oflicers made a call for volunteers, and Mr. Young said in
repil: " You shall have your battalion at once, if it has to be a class of
.r elders."  More than five hundred able-bodied men promptly responded
to the call, leIaving their wives and children on the plains, and five hundred
teams without dri-vers, and rendered efficient service in the war with the
Mlexican republic.
W~hen I took my departure from Utah, the architect of the contemplated
capitol was busily employed in preparing the plans and drawings for the
building, and the governor was  very desirous that they should be completed, and a daguerreotype of them taken to be exhibited by me to the
President and members of Congress, in order that they might see what
4
t 
Doc. No. 25. 
kind of building it was proposed to erect.  B,ut it was not designed to
commence the erection of the building until the ensuing spring.
I have the honor to be, very respectfully and truly, your most obedient
servant,
IN M. BERNHISEL,
Delegcate from Utah.
To the PRESIDENT OF TIHE FUNITED STATEF-.
[Printed slip enclosed  with M{r. Bernhisel's coniucain o thec President.]
Extract oj a letter from a judicial officer of tle gover.zmen!, at Great
Salt Lake City, dated September 20, 1S51.
I shall leave for the States on the 1st October; and most gladly will I
go, for I am sick and tired of this place, of the fhnaticismt of the people)
followed by their violence of feeling towards the "g entiles," as they style
all persons not belonging to their church.  I have ha(l a feeling and per sonal proof of their fanatical intolerance within the last few (lays.  I will
give you a cursory view of the circumstances and the scene.
As soon after my arrival here as my illness would perinit, I heard from
Judge B. and Mr. Secretary H. accounts of the intolerant sentiments of
the community towards government officers and the government itself, which
filled me with surprise.  I learned that not only were the officers sent here
treated with coolness and disrespect, but that the Goverinment of the United
States, on all public occasions, whether festive or religious, was denounce(d
in the mnost disrespectful terms, and often with invectives of great bitterness. I will mention a few instances. The 24th July is the anniversary of
the arrival of the Mormons in this valley.  It was on that day of this year
that they assembled to commemorate that interesting event. The orator of
the day, on that occasion, spoke bitterly of the course of the United States
towards the church of "Latter Day Saints," in taking a battallion of their
men from them for the war with Mexico, while on the banks of the MIissouri
river, in their flight from the mob at Nauvoo.  He said the Government of
the United States had devised the most wanton, cruel, and (lastardly means
for the accomplishnient of their ruin, overthrow, and utter extermination.
His Excellency Governor Young, on the same occasion, denounced, in
the most sacrilegious terms, the miemory of the illustrious and lamented
general and President of the United States, who has lately gone to the
grave, and over whose tomb a nation's tears have scar(cely ceased to flow.
He exclaimed, "' Zachary Taylor is dead and gone to hell, and I amn glaa
of it."' and his sentiments were echoed by a loud amen finom all parts of
the assembly.  Then, rising in the excess of his passion to his tiptoes, he
vociferated, "I prophesy, in the name of Jesus Christ, by the power of
the priesthood that is upon me, that any other President of the United
States, who shall lift his finaer against this people, will die an untimely
death and go to hell."  This kind of feeling I found pervading the whole
community, in some individuals more marked than in others.
You may remember that I was authorized by the managers of the Washington National Monumment Society to say to the people of the Territory of
Utah, that they would be pleased to receive fom them a block of marble
5 
Doc. No. 25.
or other stone, to be deposited in tic monument "as an offering at the
shrine of patriotism." I accordingly called on Governor Young, and apprized him of the trust cominiitted( to my hands, and expressed a desire to
address the pcople- upon the subject    cnheii assembled in their greatest number.
He rel)iecd tihat on the following 3,r, - lay the veFy best opportunity would
be presented.  Monday came, (nt          in i  myself at their Bowery, in the
midst of at least three thou;saud people.  I was respectfully and honorably
intrioduce(d by "H Is E  cellency"  o'the -ast assemblage.   I marle a speech,
thoug,h so feebe that I could lC  s  t-      nd, and staggered in -my debility
sev-eral tiies oil the plctiorm.
1 spokle for t'o  hours, during which  time  I was fa-vored with  the  unwavering, a-ttenions of lmy   audiec.  It-aving rnale some  remarks in
reference to the ju(iciry, I presenite(l the subject of the Nationa'l Mlonument, and??i, ci27l/y tiereto ((as the Mormonns  supposed) I expresse(i my
oinioins i'i  i uil1, i'e, unreserved(l, -yet resl ectful and dignifid manner, in
regard ito the,Ief'ec-o,, of the 0  eo,)le here from the   ov(err. naent of the
United( StLates.  T e'.fd,a-ored to shiow the injustice of their fbelings towards
the Governimeeti, a:dl alluded bol(ly  and( feeli ngly to the sacrilegious renmarks f  Goe r~:  or Young tow a r(s tle m-emory of the,nete  Taylor. I
tlefon(sledL,  s                p \ s y  feeble p o r w-ould  allod w the name and  chara,cter of the (leparted   ero, froei thle unjust aspersic,ns cist upon  them,.d
remarked that, in the  -latter part of the assailant's  l)itter exclamation that
he " t,as g/lad c }1t, Get?. Tag/. T   as ini!he[," he diII not exhibit a Christian sl)irit, aen(l thait if Ihe athor (11(it not eai'l,y repent of the cruel declaration, he woit/7d pe?o -',i, -lia'-lask,,ih /t een e'e m ork e ul-pon,his dying pillow.   I then  allulded1 to myl  natity;-  to my citizenship; to my  love of
country; to my  ldu t o dleIen i my coutntry from unjust aspersions wherever
I met them;;,nd trusted that when I faiTe to d(efend her, my tongue, then
employed in lher a dvoccy an,d  praise, miht cling to the roof of imy mouth,
~antd that ^my  irni. ev-er rea(dy to be r'ise(t in her diefence, i-iight f! ialsied at
my side. I then tol(l the laudience if the- could not offer a block of rmarble in.1
feeling of fuill Iellowship with the peol)ple of the United States, as brethren and
fellow-citizens, the- had better not offer it at all, but leave it tinqua.rried in
the bosom of its nativ-e mountain.  At the close of my speech the governor
arose and denounced me and the Government in the most brutal and un measured termns.
The ferment created by his remarks wis truly fearful.  It seemed  as if
the people (I mean a large portion of themn) were ready to spring upoln me
like hyenas and destroy nme.  The  governor, while speaking, said that some
persons might get their haii  pulled or their throats  cut on that occasion.
His manner wvas boisterous, passionate, infuriated in the extreme,; arnd if he
had not been afrtaid of final vet)geance, he wouldi have pointed his finger at
me, and I shoul(l ini c.,z instant have been a dead manli.  Ever since then the
community has )0een in ai state of intense excitement, aniD murmurs of per sonal violence and( assassination towards me hlave been freely uttered by the
lower order of the populace.  tIowN it will end I do not know.   [ have just
learned that I h(a+ve beeii denounced(, together with the Gov-ernr-lent and of ficers, in the Bowery a gain to-day, by Governor Young.   I hope I shall get
off safely.  GCol only knows.   I am in the pjower o;f a desperate and mur derous set. I however feel no gre.t fear. So much for defending my country.
I expect all the officers of the Territory, at least Chief Justice B., Secre tary'y Harris, and Captain Day, Indian atgent, will return with me, to return
~ ere no more.
6 
Doc. No. 25.
GREAT SALT LAKE CITY,
September 22, 1851.
SIR: For reasons satisfactory to themselves, Judges Brandebury and Brocchus, and Secretary Harris, leave this Territory for the States next week.
But I, for reasons satisfactory to myself, have thought best to write you
a line, stating that after the causes which led to this unhappy event occurred, I used all my influence to bring about a reconciliation, but failed.
Did my sense of duty require me to return without  consulting you, the
duities I owe to my little family would forbid( my undertaking the journey
so late in the season. Should you, or Congress, on inquiry into the facts,
be of the opinion that I also ought to return, that opinion can be made
known to me, and it shall then be done according to your wishes.
I forbear to state the facts for the reason that Judges Branderbury and
Brocchus, and Secretary Harris, will see you in person, and also Doctor
Bernhisel, delegate from Utah, who will be able to inform you much better
than I can by letter.
It is proper to state that Doctor Bernhisel left here before the main facts
occurred( which led to this event; he, therefore, will have to be informed of
them by the people here.
I have the honor to subscribe myself your obed(lient servinit,
Z.  SNOW.
To his Excellency MILLARD FILLMORE,
President of the United States.
GREAT SALT LAKIF CITY,
October 20, 1851.
SIR.,: Owing to the peculiar situation of our Territory in relation to public officers, I presume again to address you a few lines.  You will please to
recollect, that at the close of my last communication the Legislative Assembly was still in session.  It so continued until the third instant, at which
time they adjourned until the first Monday in January next, when they willI
resume their sitting.
Upon the departure of Mr. Secretary Harris, and the two judges, Messrs.
Brandebury and Brocchus, the Legislative Assembly proceeded to redistrict
the Territory, and assigned the remaining judge, the honorable Zerubabel
Snow, to perform the duty of holding all the district courts in the Territory
until other judges shlall be appointed an(d enter upon the discharge of their
duties.
Being extremely inconvenienced for the want of a secretary, and apprehending some considerable delay might occur before another would appear,
I took the liberty of appointing one, to act in that office pro tern., until the
disability should cease to exist, or the vacancy be filled by the President.
Dr. Willard Richards is the gentleman I have so appointed, who would be
a good selection for that office, if the President and Senate should feel inclined to favor him.  The proceedings of the legislature will be forwarded
as soon as they can be arranged in proper form.
I also beg leave to add, that upon Indian affairs I have never received
any instructions; the Indian agent, Mr. Hloleman, came here, but immediately left to attend a treaty at Laramie,- which he had pre-engaged to do.
He has not returned to this place since.  Mr. Day accoml)anied the officers,
7 
Doc. No. 25.
and it is presumed that upon meeting with Mr. Holeman they all returned
to the States together; no report has been received from any of them as yet,.
except Mr. Rose, who is now in this city. I shall report to the proper department, to which I refer you for further particulars. My object in mentioning this subject in this letter, is to keep you authenticated, in order that
the proper instruotions may be had in this superintendency.
The Indians are generally peaceable, with the exception of those on,
Mary's river, where it has become very unsafe to travel.  Those Indians
have never been under the influence of the settlers of this Territory. It is
proposed by some of the citizens to make a settlement, and establish a trading post in the vicinity. If the heretofore favorable influence of such a
proceeding shall in like manner be successful and prevail in that region, the
desired security will be obtained, and the traveller, with the usual and necessary caution, can go in safety.
With sentiments of high esteem, I remain, sir, most truly, your humble
servant,
BG     YOUNG,
Utah Territory.
To his Excellency MILLARD FILLMORE,
President of the United States.
Report of UIessrs. Branrdebury, Brocchus, and Harris, to the President of
the United States.*
WASHINGTON, December 19, 1851.
SIR: It becomes our duty, as officers of the United States for the Territory of Utah, to informn the President that we have been compelled to withdraw from the Territory, and our official duties, in consequence of an extraordinary state of affairs existipg there, which rendered the performance of
those duties not only dangerous, but impracticable, and a longer residence
in the Territory, in our judgment, incompatible with a proper sense of selfrespect, and the high regard due to the United States.  We have been
driven to this course by the lawless acts and the hostile and seditious feelings and sentiments of Brigham Young, the Executive of the Territory, and
the great body of the residents there, manifested towards the Government
and officers of the United States in aspersions and denunciations so violent
and offensive as to set at defiance, not only a just administration of the
laws, but the rights and feelings of citizens and officers of the United States
residing there.
To enable the Government to understand more fully the unfortunate position of affairs in that Territory, it will be necessary to explain the extraordinary religious organization existing there-its unlimited pretensions, influence, and power; and to enter into a disagreeable detail of facts, and
the language and sentiments of the governor and others high in authority,
towards the Government, people, and officers of the United States.
We found upon our arrival that almost the entire population consisted of
a people called Mormons; and the Mormon church overshadowing and
controlling the opinions, the actions, the property, and even the lives of its
members; usurping and exercising the functions of legislation and the judicial business of the Territory; organizing and commanding the military;
disposing of the public lands upon i-ts own terms; coining money, stamped
8 
Doc. No. 25.
"Holiness to the Lord," and forcing its circulation at a standard fifteen or
twenty per centum above its real value; openly sanctioning and defending
the practice of polygamy, or plurality of wives; exacting the tenth part of
every thing from its members, under the name of tithing, and enormous
taxes, from citizens, not members; penetrating and supervising the social
and business circles; and inculcating, and requiring, as an article of religious faith, implicit obedience to the counsels of "the Church," as paramount to all the obligations of morality, society, allegiance, and of law.
At the head of this formidable organization, styled "The Church of Jesus
Christ of Latter Day Saints," stood Brigham Young, the governor, claiming, and represented to be, the Prophet of God, an(d his sayings as direct
revelations from Heaven, commanding thereby unlimited sway over the
ignorant and credulous. His opinions and wishes were tlteir opinions and
wishes. He was consulted by them, upon almost every subject, as an
oracle.  No man pretended to embark in any kind of business without his
permission, or conciliating him by a deferential consultation.  In a word,
he ruled as he pleased, without a rival or opposition, for no man d(lared question his authority.
Congress having established a territorial government for this people, and
extended the constitution and laws of the United States over them, we were
not only anxious for a cordial cooperation of all the officers and people in
the organization of the Territory and a faithful administration of the laws,
but equally anxious to avoid everything in the execution of our duties that
would be likely to exhibit a conflict between the government and the church.
Our main reliance was upon Brigham Young, the governor, for no man else
could govern them against his influence, without a military force. As he
had sought, and been honored with the office of Executive of the Territory,
we presumed he was well disposed towards the government, and would wield
his unbounded influence to secure respect and obedience to the government
and the laws.
But in this we were disappointed.  He made us feel, upon our arrival in
the Territory, in a manner that could not be mistaken, that he was jealous
of his power as head of the church, and hostile to the government of the
United States and its officers, coming there to perform this duty, under the
organic act.
One of the undersigned (Chief Justice Brandebury) arrived in the Territory on the 7th of June, a month and more before any of the other officers
from the States. He availed hinmself of the earliest d(lay after his arrival not
only to pay his respects to Governor Young, as Executive of the Territory,
but to inform him that he was there ready to enter upon his official duties,
and for that purpose invited the United States attorney, Mr. Blair, (a Mormon,) to accompany and introduce him.  Before the hour arrived, however,
on the day appointed, Mr. Blair called to say that the governor's engagements would prevent an interview that dlay, and proposed another time to
c(all upon his Excellency.  At the appointed time, another effort was made,
in company with Mr. Blair, who led the way to the office occupied by the
governor. The chief justice was requested to tarry upon the stairway until
Mr. Blair advanced to open the door and make inquiry if the governor could
be seen. He was anticipated, however, by the governor's clerk (an Englishman) meeting him at the door, and after a few words between them in an
undertone, returned with the information that the governor was not in, and
with many regrets for this second failure.  Satisfied that this was the result
9 
Doc. No. 25.
of design on the part of the governor, no further effort was made to see
him.  This conduct of the governor was known in the community, and afforded much merriment to somie of the Mormons.   We were informed afterwards that Mr. Blair had made several private applications to the governor to
know if he would allow an  interview to the chief justice, but he refused,
declaring that "he did( not wish an introduction, for none  but Mormons
should have been appointed to the orilces of the Territory, and none others
but d-d rascals would have  comlie among them."  We refer to this incident now, only to show the feelings of the governor towards the government and oicers at this eariy Feilo(i.
on the 19th of July  another of the undersigne(l (Secretary Hlarris) arrived, in company with Judge Snow and Messrs. Babbit, Bernhisel, Day,
and Rose, the two last-naine(I being Indian sub-agents.  A few  days afterwards, the.secretary was invited by the governor to be present at an interview betw-een him and Mr. Babbit.  This interview waNs made the occasion
of a violent exhibition of his temper annd abuse of Mr. Babbit, and of the
government and officers, "intendled for the secretary,"  as the governor afterwards (leclared, " to let him  know what kind of people he had to deal
with."  These were but manifestations of that hostile feeling, the murmurs
and mutterings of which were rife throughout the community, and intended
that it should not escape our ears.
Upon the occasion of celebrating the  anniversatry of the arrival of the
Mormon pioneers into the Valley, (the 24th July,) an immense concourse
of their people were assembled fioni all parts of the Territory.  Those of
us then in the Territory were invited to be present and participate in the
festivities of the occasion.  We  were seated upon the stand or platform,
with a numberof the leadling menof the church, inclu(Iing the presentdelegate
in Congress, (Hoion. John M. Bernhisel.)  The governor rose to aiddress the
audience, an(l a profound silence ensued, as is alwa,ys the case when he rises
to speak.  After relecting in terms of contemnation uipon the alleged hostility of General Taylor to the Mormons, and to giving them a government,
he exclaimed, in a loud and exulting tone, " But Zachtary Taylor is dead,
and in hell, and I am glad of it."   Then drawing himself up to his utmost
height, and stretching his hands towards heaven, he (declared in a still more
violent voice, "and I prophesy in the name of Jesus Christ, by the power
of the Priesthood that's upon  me, that any President of the United States
who lifts his finger against this people sihall die an untimely death, and
go to hell." To this sentiment there came up from those seated around us,
and from all parts of the house, loud and ming(rled responses of " Amen!"
"Good!" "lear'"
With the invitation to be present on this occa.sion, was an invitation to
dine with the governor.  Although we believed the occasion of our presence
was seized upon by the governor to show us how  brave and independent
he could be in his declarations, and with what impunity our feelings could
be outraged and in-sulted, we were forced, from an indisposition to produce
a rupture and break off our official relations so soon after our arrival, to
smother our indignation and mingle in the parade of a dinner.
Upon a subsequent occasion, (the 6th of September,) in reply to the remarks made by one of the undersignedl (Associate Justice Brocchus) upon
the subject, before a large audience, the governor reiterated and declared,
"I did say that General Tvaylor wAras dead and in hell  and I know it"
A man in the crowd, seemingly to give the governor  an opportunity of
..
10 
Doc No. 5. a.
fixing its truth, spoke out and said,  " fow do you know it?"  To which
the governor promnptly answered, "Because God told me so."  An Elder,
second only to the governor in the church, (Heber C. Kimball,) laying his
hand on the shoulder of Judge Brocchus, added, "Yes,  Judge, and you'll
know it, too; for you'll see him when yor  get there."
Upon the occasion before referred to, (24th of July,) another speaker,
(D. H. Wells,) late chief justice of the State of Deseret, declarel, that
"in the winter of 18S3S-'39 the church was expelled from the State of
Missouri by a murderous mob, under the exterminating order of Governor
Lilburn W. Boggs;" that "in the year 1844, on the 27th (lay of June, the
mob of Illinois murdered in cold bloodt the Prophet Joseph, and Patriarch
Hyram Smith, while confined in jail under the guarantee  of safety, and
pledge of the governor, Thomas For(d;" and( that when they had left their
homes in 1S846, in the most inclement season,  an(d were pursuing their toilsome march westward, " the government of the United States required a
battalion of five hundred men to leave their families in this prtcairious situation, without money, provisioris, or frien(ls, other than thle God whom they
serve, to perform a camipaign of over two thousand,miles, on Iboot, across
trackless deserts andg burning -plains, to fight the battles of their country
even that country which ha(t af'oi (fed them no protection froni the ruthless
ruffians who had plundlerec  them of their property, robbe(l them of their
rights, waylaid t'iem in their peaceful habitations, and inlir(lered them while
under the safeguards of their pledged faith.  That country that could have
the barbarity, under such peculiar circumstances, to make  such a requiremenit, could have no other object in view than to finish, lby extermination,
the work which ha(l so ruthlessly begun."
Upon the same occasion, another speaker  (W. W. Phelps, one of the
Regents of the University of Deseret ") declared(, as a just cause of hlios tility, that " the Mormons were proscribed l)v the Unite([ States-l-he had
two wives, others of his brethren had(l more, an(l t)rotlher Brigha.n Young
hadl still more, and none of them (lare return to the Unite(I States with their
families; for their (lirty, mean, little, contracted laws would imprison them
for polygamy."
Upon the fobllowing Sunday, the mayor of the city, Jedediah M. Grant,
in eulogizing the strength of the Mormons, exultingly declared  from the
pulpit, in presence of one of the und(lersigned, (Mr. HIarris,) " that now the
Unite(I States cou(l not conquer them by arms."
Brigham Yotung, the governor, announcedi, with great vehemence, from
the standi and to individuals, while the feelings of the people were thus ex cited by such sentiments, "that he had rule,  that people for years, and
could( rule them again; that the United States judges might remain in the
Territory and (braw their salaries, but they sh(uld never try a cause if he
could prevent it."
Another speaker, already referred  to, stantling second ii the  church,
(Heber C. Kimball,) encouraged by the example set him by the governor,
declared, in a speech at a public meeting, "that the United States officers
might remain in the Territory- so long as they behaved themselves and paid
their boarding' but if they did not, they (the Mormons) would kick them
to hell, where they belong."
The governor announcedl, upon another occasion, from the pulpit, " that
he was not opposed to the government of the United States, but it was the
d-d infernal corrupt scoundrels at the head of it." He applied this to Congress,
. *.'...,.
it 
Doc. No. 25.
as he aftewards explained it, declaring "that the present administration
had done them some justice; but no thanks to them, for it was God Al  mighty made them do it."
Upon another occasion two of the undersigned (Judges Brandebury and
Brocchus) attended church on the Sabbath, and were  invited to take seats
upon-the stand or platform. Secretary Harris had ceased to attend, to
avoid hearing the government aspersed and denounced. Judge Brocchus
had just recovered from a sick bed, and had not had an opportunity of at  tending church before.  The preacher, Professor Spencer, of "the Univer  sity of Deseret," among other expressions of ill feeling, declared that "the
laws and policy of the United States government were intended to oppress
the poor "-and turning his eyes upon us, in presence of this large audience,
further declared, "the government of the United States is a stink in the
nostrils of Jehovah, and no wonder the Mormons wish it down.  We  can
save it by Theocracy; but rather that save it any other way, we will see it
d-d first."  Another Mormon, (Albert Carrington,) in refusing to join in
firing a salute on the 4th of July, declared to Judge Brocchus and others,
that the United States was going to hell as fast as it could, and the sooner
the better."
This man arrived in the Territory with Judge Brocchus; is an Elder in
the church, and expressed but the feelings and wishes of the residents there
in sympathy with hinm.
These are but a few of the many seditious and hostile declarations, which
it would be impossible to enumerate, made by Governor Young, and others
in his presence, from the pulpit; and scarcely an opportunity was suffered
to pass'without aspersing the people and government of the United States,
in language profane, and at times obscene. Indeed, the officers seemed to
be looked upon as the mnere toys of the governor's power-he treating them
as he pleased, according to his capricious humor-sometimes encouraging a
hope for a better [state] of affairs, to make the next outbreak of hostility
and insult the more marked and humiliating.
The many important duties to be performed ill the organization of the
Territory, and the administration of the laws, required a cordial and confidential intercourse between  the officers.  The  governor, however,  announced soon after our arrival, in the presence of Mr. Harris and others,
with great temper, " that he had ruled that people for years, and could rule
them again, and he would kick any man out of the Territory who attempted
to dictate to, or advise him in his duty." Under such circumstances, no
communication could be had with the Executive, with any regard to selfrespect, or without apprehensions of personal insult; especially as we were
looked upon as offensive intruders rather than co-ordinate branches of the'
government.
He asked for no advice, and none was volunteered by any of us, and he
was free to proceed in the performance of his duties as he thought proper.
The act of Congress required him to have a census taken, so as to apportion the number of representatives and councillors to each county; but he
apportioned them without taking the census. We were informed that a
census had been taken when the application was made by the State of Deseret for admission into the Union, but it was so false and exaggerated that
a correct census would have betrayed the fraud. The act further required
that he should fix the time and places, and appoint the persons, who should
superintend the first election for councillors, representatives, and a delegate
'   *           *:
!3 ".,.'
12 
Doc. No. 25.
to Congress, and it prescribed the qualifications of voters, and who should
be eligible to these offices. Regardless of these directions and of all forms,
and in contempt of the organic act, he issued a proclamation, without the
seal of the Territory or signature of the secretary, ordering the election to
be held under "the provisional laws of the State of Deseret."  This proclamation and many other papers were requested by the secretary, but
never furnished, and, of course, no "executive record".could be made of
the same. No notice was given in it as to the qualifications of voters, and
those who were eligible to office, nor were any persons named to hold the
elections. The consequence was, that unnaturalized foreigners officiated at
the elections, voted, and were elected as representatives, and to offices not
authorized by the act. The proclamation and election were a burlesque
upon the order and decorum required by the organic act, and sprung from
the determination of the church to do as she pleased in such matters.
He was also authorized and required, by the same act, to appoint all offi(ers not provided for in the bill, who should continue in office until the end
of the first session of the legislature. Yet there was not a. sheriff, justice
of the peace, or constable in the Territory legally qualified to act when we
left, (excepting one or two justices of the peace appointed a few days
before,) and criminals.went at large untried and unpunished, so far as the
United States judges could interfere. The church, as usual, punished some,
as it was reported, and allowed others to go free.  A  few days before we
left, we understood a posse of men were sent by the church in pursuit of
some horse-thieves. Some of them were arrested, tried, and fined a hundred dollars, and others discharged. A man was tried in an adjoining county
for an alleged offence, by a member of the church, purportinlg to be a judge,
without a jury, and convicted and punished.
About the same time, a cold and deliberate murder was committed in the
Territory upon the body of Mr. James Munroe, a citizen of the United
States, from Utica, New  York, on his way to Salt Lake City, by a member
of the church, and the remains brought into the city and buried, without
an inquest, the murderer walking through the streets afterwards under the
eye of the governor, and in his society, some of the relatives of the deceased residing there, and members of the church, afraid or disinclined to
act.  It was reported, and believed by many, that the murder was counsele(l by the church, or some of its leading members; and such an impression would paralyze the hand of any one inclined to interfere. This rumor
received much force from the intimacy between the offender and the leading members of the church, before and after the commission of the offence.
He was several weeks in the city, and unknown, as well as his location, to
any of us; it was the common talk that he intended to kill Mr. Munroe;
he was permitted to go out sixty or eighty miles to meet his intended victim, and none of these men who knew the fact lifted an arm or a voice to
prevent the deed. He met Munroe, who was unarmed, invited him out of
his camp, took a seat and talked half an hour with him, and then rose up,
bade him farewell, and blew his brains out with a pistol! We have no
doubt, however, that if he had been tried, an entire acquittal would have
followed, as was the result in February last, in the case of the murder of
Dr. John R. Vaughan, a citizen of Indiana, then on his way to California,
and the murderer suffered to go unpunished. How many other crimes and
offences were punished or passed by we know not. The governor was
thus true to his declaration, that "the United States judges should never
13
.1 
, )oc, No,. 25.
try a case if he could prevent it," for wt! had not an officer to summon  a
jury, or execute a warrant, subptna, or any kind of process, except in cases
in which the United States was a party, when the marshal would be bound
to act.
Congress appropriated twenty thousand dollars, to be applied under the
direction of the governor and legislature in the erection of public buildings.  The governor no sooner received this money than he appropriated
and used every dollar of it, or a greater portion of it, in payment of debts
due by the Mormon church, and in a few days after its arrival in the valley it was on its way to the United States in other hands.   We  were not
present at its actual payment, but it was a matter of public notoriety and
talked of by the gentlemen who received it.  This occurred about the last
of July.
Those of us then in the Territory, powerless and compelled to be observers of all these things on account of the omnipotence ofl the church and the
governor, determined to report the facts in writing t(o the President of the
United States.  Before an opportunity for a safe transmission of such a report presented itself, one of the undersigned (Associate Chief Justice Brocchus, who arrived in the Territory on the 17th of August) addressed a large
meeting of the people on' the 6th of September, on behalf of the Washington Monument Association, having been  commissioned by the managers
thereof to ask of the people of that Territory a block of marble or other
stone, to be placed in that structure, "as an offering at the shrine of patriotism." As the life, character, and services of Washington were intimately
blended with everything relating to the Government and institutions (of the
United States, the occasion was supposed to be an appropriate one to disabuse the minds of the Morinon people of the false and prejudicial opinions
they entertained towards the people antd Government of the United States,
and thus to arrest that flow of seditious sentiment which was so freely pouring forth from their bosoms towards the country to which they owed their
highest patriotism and their best affections.  We  had remained there up to
this period, and submitted in silence to almost every species of indignity
and mortification, rather than take any step that'would produce discord and
involve the territorial government in difficulties. It was in this spirit that
we preserved silence, until the favorable opportunity, above alluded to, was
presented, when we unanimously concurred in the opinion that it was not
only a matter of right, but also of duty, to have the attention of the people directed to the errors of their opinions in holding the Government of
the United States and her citizens as enemies to them, and the seekers of
their ruin and extermination. Such opinions were daily inculcated by the
leaders of the church upon the fanatical credulity of the masses of the
people. They were taught to believe that the general government sympathized with those whom they regarded as their persecutors in the States of
Illinois and Missouri, and desired their overthrow and utter destruction.
The natural result of such convictions was a feeling of deep-seated hostility
towards the Government and people of the United States, which was every
day becoming more deep and inveterate under the teachings of their spirituai leaders.  We believed that to confront and remove those false impressions, thus shamefully instilled into the popular mind, would be to dry up
the fountain of seditious sentiment in the Territory, and thus revive that
sense of patriotism and'loyalty, the manifest absence of which was then a
serious obstacle to the successful operation of the territorial government,
14 
Doc. No. 25.
and threatened, if not corrected, to become much more serious in future.
It was in pursuance of this design that the address above alluded to was
made. In the course of that address the speaker endeavored, in good faith,
only to correct erroneous opinions in regard to the Government from which
he held his commission, without indulging in terms of invective and rebuke.
His remonstrances against these opinions, and the hostile feelings resulting
from them, were calm and dispassionate, and in good faith intended to effect
the salutary purpose of producing peace and concord between the various
branches of the Government, and goo(d will towards the United States.
The address was entirely free from any allusions, even the most remote,
to the peculiar religion of the community, or to any of their domestic or
social customs. It contained not a single expression of bravado or unkindness or harsh rebuke, or any sentiment that could have been tortured into a
design on the part of the speaker to inflict wantonly a wound upon the
hearts of his hearers.
At the close of the address, the governor arose and denounced the speaker
with great violence, as "profoundly ignorant, or wilfully wicked "-strode
the stage madly-assumed(l various theatrical attitudes-declared he "was
a greater man than ever George Washington was "-" that he knew more
than ever George Washington did"-that "he wIs the man that could
handle the sword" "-' and "that if there vwas any more  discussion, there
would be pulling of hair and cutting of throats."  Referring to a remark
of the speaker, that the United States Government was humane and kindly
disposed [towards] them, he sai,lr, "I know the United States did not murder our wives and children, buLrn our houses, and rob us of our property,
but they stood by and saw it done, and never opened their mouths, the
d     d scoundrels."  By this time the passions of the people were lashed
into a fury like his own. To every sentence uttered, there was a prompt
and determined response, showing, beyond a doubt, that all the hostile and
seditious sentiments we had previously heard were the sentiments of this
people.
Those of us present felt the personal danger that surrounded us. If the
governor had but pointed his finger  towards us, as an indication  of wish,
we have no doubt we would have been massacred before leaving the house.
The governor declared afterwad'ds "that if he had crooked his finger, we
would have been torn to pieces."
Upon the next and succeeding days, these denunciations of the officers
and the Government were renewed, as we were informed by a number of
citizens, and continued in their meetings, by the governor and other leading
members of the church, with increased vehemence.   The Government was
denounced, and the officers too, in language so vulgar and obscene, that
decency would blush to hear it.  We were now satisfied, that with such
sentiments and feelings pervading the community, towards us and the
Government, the performance of our official duties would be impracticable,
and to remain and(  be compelled to hear these offensive and seditious
denunciaticns, disagreeable beyond endurance.   The governor had  been
accustomed, as many of the leadling men there informed us, to enter the
legislative hall, under the provisional State government, and dictate what
laws should or should not be passed, and the court and jury-rooms to indicate
what verdicts should be rendered, and he had.given us ample evidence that
he was equally omnipotent and influential with the Mormon people under
the territorial government. It required no overt act, or violence, to defeat
I.tlt
+*i 
Doe. No. 25.
the spirit and object of the organic act, under an apparent compliance with
all its requisitions. He had ordered the election of a Legislative Assembly
as before described, but they were the creatures of his will, as the result
shows. The other territorial officers, members Of the Mormon church and
under the same religious obligations, were subject to the same control. He
had gone through the form of dividing the Territory into judicial districts,
assigning the judges, and fixing the times for holding the courts, as one of
the undersigned (Judge Branderbury) had prepared the proclamation for
him. But he had declared "that the United States judges should never try
a cause if he could prevent it," and it required no over act to effect this
purpose. The omission to appoint proper officers to issue and execute the
various writs and warrants-to summon juries, and perform other duties in
the organization of courts and administration of the laws, palsied the
judiciary of itself.  But apart from this, we have no doubt he would have
fulfilled his own prophetic declaration, by the interposition of his power as
head of the church, to repel parties and business from the courts, and force
them to the disposal of the church upon its own terms-screen criminals
from arrest and trial-drive off witnesses and make the court a mockery and
the judge an object of ridicule. They continued their proceedings in the
disposal of judicial business after our arrival the same as before, regardless
of the organic act, or our authority as officers.  We  were fully satisfied,
that what was done under the organic act by the governor tardily and
carelessly, was the veriest affectation and show of obedience, to secure to
himself and the Mormon church the money appropriated by Congress for
territorial purposes, salaries, &c. The secretary had twenty-four thousand
dollars intrusted to him by the Government, for which he had given bond
to the United States for its safety and faithful application to the purposes
specified according to law; and efforts had been made by the governor, as
we shall show, to get this money also, in addition to the twenty thousand
dollars, and for the same purpo,se, the benefit of himself and the Mormon
church.
The legislature was not to have met until January, 1S52, as was given
out by the governor, a period of a year and four months after the passage
of the act establishing the Territory.  We  know  not the object of this
delay, unless it was his contempt for the territorial bill, and under a
supposition that, as the Secretary was bound to transmit to the President
and Congress on or before the first of December, annually, a copy of the
executive and legislative proceedings, no expose of the misapplication of
the twenly thousand dollars appropriated for public buildings could have
been made known officially before December, 1852-more than a year after
it occurred.  A few days after the arrival of the secretary, (19th of July,)
an attempt was made, in the interview already referred to, to browbeat and
intimidate him into submission to the governor's purposes, or, as the governor
said, "to let the secretary know what kind of people he had to deal with"
-and soon thereafter called upon him, in a patronizing manner, to borrow
eight or ten thousand dollars of it for the church.  He was informed by
the secretary that no consideration could induce the loan of a dollar of it,
as the law made an act of the kind a felony. This effort having failed,
another attempt was made by setting up a claim for daily pay and mileage
fbr the members of the last legislature of the provisional government of the
"State of Deseret"-a leading member of the church informing the
secretary that this money would be of great assistance to the church in
16. 
Doc. No. 25,
relieving her from debt, and in justice should be paid as demanded. This
effort having also failed, the fixed determination of the governor to get
possession of the public money in the hands of the secretary for the benefit
of himself and the church, revealed itself more openly and decidedly.
Although the election for members of the Legislative Assembly had been
held on the first Monday in August, he had made no declaration of the
result of that election, as he'was specifically required to do by the organic
mect; and without such declaration, of course the election itself was  not
complete. But disregarding the plain directions of the organic act in this
particular, as in almost all others, he issued secret notices to members of the
Legislative Assembly, to meet on Monday, the 22d day of September.   The
following is a verbatim copy of the notice sent to one of the pretended
members, the original of which is now in the possession of the secretary,
to wit:
GREAT SALT LAKE CITY,
September 17, 1851.
"HON. SiR: The Legislative Assembly of Utah Territory will assemble
in this city on Monday, the 22d instant, at precisely ten o'clock, a. m.
"This notice being shorter than might appear desirable, I have  caused
this notice to be forwarded to, you, that you'might not fail in attending this
,call.
"I have the honor to be, most respectfully and truly, yours,
"BRIGHAM YOUNG,
"Governor of Utah Territory."'
So solicitous was the governor that the secretary and other officers (not
Mormons) should be kept in ignorance of this step, that on the 19th of
September, two days after the date of the above notice, he most positively
anl emphatically denied, as communicated to the secretary, that any such
notice had been issued.  Ihnmediately thereafter, however, on the same day,
(Friday the 19th,) a proclamation, declaring the members elect, and conveiiing the Legislative Assembly at ten o'clock on Monday, the 22d Septem-'
ber, was brought to the secretary for his signature and seal. That proclamation, however, was never published. It should be borne in mind that
the settlements in the Territory extend a distance of about three hundred
miles north and south, and that some of the members of the Assembly resided two hundred and fifty miles from Salt Lake City, the place of meeting.
In obedience to the secret instructions of the governor, the Legislative Assembly met on the 22d. The governor transmitted to them a printed
message, which was afterwards, for some reason, suppressed, and none of
the undersigned were able to procure a copy.  On the 25th the secretary
was served with the following paper by Mr. William Kimball, (a Mormon,)
purporting to be the sergeant-at-arms of the Assembly, to wit:
"HorsE OF REPRESENTATIVES,
"Great Salt Lake City, Utah Territory, Sept. 24, 1851.
"SIR: By a resolution passed by the Legislative Assemnbly this day, it was
tirected that an order be drawn on the secretary of the Territory for the
sum of five hundred dollars towartIs defraying the intidental expenses of
the Ligislative Assembly.
2
I I
I I VI,
J6. 9
I 
.) o  5No.
"Wetherefore send this order by the sergeant-at-arms of the Legislative Council, hoping that you will furnish the same for our convenience.
"Respectfully ycurs, &c.,
"WILLARD RICHARDS,
"President of the Council.
"IH. CORNEY,
"Secretary of the Councild.
,'W. W. PHELPS,
"Speaker of the House of Representatives.
"ALBERT CARRINGTON,
Clerk House of Representatives Utah Territory.
"To the Hon. B. D. HARRIS,
"Secretary of Utah Territory."
This paper bears upon its face evidence of an intention to get possession
of the money in the hands of the secretary by any and all means.  The
Assembly  could not have  been ignorant of the obvious fact, that such
an order could not be legally accepted and paid by the secretary; his duty
being to pay the contingent expenses of the Legislative Council only upon
the presentation of proper vouchers, showing that the expenditure had been
legally incurred, was reasonable in amount, &c.; and not to furnish money
in round sums to the Assembly, to be disposed of as they pleased. But
more evidence of this intention to get the money remains to be told. With
theforegoing order, Mr. Kinmball, the sergeant-at-arms, placed in the hands
of the secretary a copy of joint resolutions passed by the Legislative
Assembly on the 24th of September, and approved by the governor, (a copy
of which is herewith transmitted,) ordering and requiring the United States
marshal (a Mormon) to demand this money from the secretary; and( if he
refused to surrender it, to seize and imprison him until he delivered over
the whole amount. The marshal being absent, his deputy (Ilorace Eldridge,,
a Mormon) undertook the execution of the order. The secretary refused
to comply with the demand, and transmitted his reascons therefor in writing..
As Governor Young had declared he would lihave this money, if he had to
take it by violence, the secretary applied to the supreme court for an injunction, which was granted, forbidding the marshal and others from seizing
or intermeddling with the funds and other property of the United States in
the custody of the secretary.  It was understood  the members, being all
Mormons, would relinquish their daily pay and.mileage to the church.
But the governor's efforts to get the money did not stop here.  A warrant was issued by Aaron F. Farr, a member of the church, purporting to
be a justice of the peace, but who had neither given bond nor taken the
oath of office, so far as we could learn, directed "to any legal officer of
the aforesaid Territory (Utah) and county of Great Salt Lake," commanding him "to restrain and to take A. W. Babbit into your possession, and
also the effects of A. W. Babbit, consisting of wagons, carriages and teams,
and search his wagons for a sum of money, probably gold, to the amount
of twenty-four thousand dollars, and for the seal of the Territory of Utah,
and bring the same before me  in Great Salt Leske City, and to search all
other suspected persons and places." Mr. Babbit (Honorable A. W.
Babbit, late delegate in Congress from the Territory) had left the city a day
or two before, with his family and household affairs, on his return to'the
Uinited States.  There was no one named in the warrant as complaining, no 
Doc. No. 25.
oath nade, and no offence alleged.  It was placed in the hands of a man,
another member of the church, purporting to be a constable, but who had
neither given bond nor taken an oath of office, who, with a force of thirty men
or more, well armned and mounte(l, started in pursuit, with instructions from
the governor, as we were informed, "to bring Babbit back, dlead or alive."
They came upon his camp about forly miles from the city, some time in the
night, and in the morning Mr. Babbit and his family found themselves sur rounded by a bo(ly of armed men.  The carriages and wagons were emptied
and the contents searched, and then reloaded to be taken back to the city.
Mr. Babbit appealed to them to allow his family and teams to proceed on
their journey, as a delay of a few days might overwhelm them in snowstorms, and repeated trips over the mountains he had already passed would
so fatigue and break down his animals, as at that late period in the year to
seriously endanger the lives of himself and family on the plains. Hle at the
same time made known his own willingness to return with them. But their
orders from the governor were peremptory, and they refused. The tent was
rudely torn down over the head of his wife, then nursing a sick child, his
family order(d into the carriages, and the teams turned backl to the city.
This extraordinary writ was executed, as above stated, after the injunction
of the supreme court had been granted, forbidding all persons from seizing
or intermeddling with the money of the United States.
Mr. Babbit applied for and was discharged from custody upon a habeas
corpus by one of the undersigned judges.  Beyond  his discharge, he could
procure no redress for this grievance from a Mormon community, especially
as the outrage had been perpetrated by command of the governor.  It may
Iot be improper to add, in this connexiol, that the secretary succeed(ed in
keeping possession of the money, brought it over the pla(ins, and on his
arrival at St. Louis, deposited it with the Assistant'L reasurer to the credit
of the Uniited States.
We deem it our duty to state, in this official commiunication, that polygamy, or " plurality of wives, is openly avowed (Ind (ti    tised in the Territory, under the sanction and in obedience to the direct commands of the
church."  So universal is this practice, that very few if any leading men
in that community can be found wvho have not more than one wife each.
The prominent men in the church, whose example in all things it is the ambition of the more humble to imitate, have each many wives; some of them,
we were credibly informed an(l believe, as many as twenty or thirty, and
Brigham Young, the governor, even a greater number.  Only a few days
before we left the Territory, the governor was  seen riding thlroulgh the
streets of the city in an omnibus, with a large company of his wives, more
than two-thirds of whom  had infants in theii arms.  It is not uncomlmon
to find two or more sisters married to the same man; and in once instance,
at least, a mother and her two daughters are among the \wives of a leading
member of the church.  This practice, regarded anid pIunisl.(ed as a high
and revolting crime in all well civ,ilizc(i count:ies, wouIld, of ccirse, never
be made a statutory offence by-:Iormon legislature; and if a c, it,ne at common law, the courts would be powerless to correct the evil with Mormnon
juries.
The city of Great Salt Lake is an important point in the overland route
to Oregon and (California, for the emragrant to replenish his stores or to
winter, if overtaken by the advance of the season.   But the intimidation
which is produced by the denunciations and conduct of the Mormon church
i9 
Doc. No.25.
and people, upon citizens of the United States passing through or engaged
in business there, is such, as to drive the emigrant upon another route to
avoid it, and the residents to submit to all the impositions of the church to
prevent a sacrifice of their business. No man dare open his mouth in opposition to their lawless exactions, without feeling its effects upon his liberty,
his business, or his life. And thus, upon the soil of the United States, and
utinder the broad folds of its stars and stripes, which protect him in his
rights in every part of the civilized world, there is a spot where the citizen is brow-beaten and despoiled of his liberties as a freeman by a religious
despotism.  One of the undersigned (Judge Brandebury,) on his journey
through the Territory, met a young man at Fort Bridger, about one hundred and twelve miles from Salt Lake City, who informed him that he had
copied and forwarded to the President of the United States a letter written by James McCabe, esq., of Pontiac, Michigan, who had spent the
winter in Salt Lake City, and was then on his way to Oregon, giving an account of the treatment he and others had received from the people there, and
their seditious and treasonable feelings towards the United States. He stated
that to give the President the facts, and conceal himself lest the Mormons
should kill hint if they found it out, he had signed the letter "William
or George Johnston," (if remembered correctly) and thus left scarcely a
mark by which an inquiry could be made into the facts.   We have now before us the report of several trials which took place there before we arrived, 
furnished us by a rest-ectable gentleman there -,t the time, and now residing
in the United States, confirming the information we had received, that
"gentiles" (as all are called who  are not Mormons) were  tried and sen tenced for trivial offeices to two, five, and ten years of.labor upon the public
higihways, with ball tind chain to their legs, and no shelter at night but
caverns dug in the eaithli.  We saw one of these highways cut out of the
side of a mountain, al,d the caverns far down at its base, but the approach
of the federal officers. as we were inforinmed(l, was the signal for the release
and banishment of tlhese "convicts from the Territory."  The account
before us is too voluminous to embodly in this report, but we transcribe a
part of a single case, only to show the feelings there towards  the govern.-nent and people of the United States.
Washington Loomis was put upon trial for a larceny, and the report
proceeds: "The indictment being read, defendant pleaded not guilty, when
the court ordered him sworn. fle testified that he knew nothing of the
matter charged."  George Love was then called and sworn for the prosecution, and testified "-that he was positive of Loomis's innocence, for that
be (Love) knew who had committed the crime, &c."  Major Geo. D. Grant
(a Mornmon) was then called as a witness for the prosecution, for the avowed
purpose of impeaching Love.  He stated, that he might have to tell some
hearsay statements in relating his story.  Defendant's counsel, James McCabe,
if Pontiac, Michigan, objected to this for two reasons: first, the prosecution
IL.d n'ight to impeach their own witness: second, that hearsay testimony
was wholly inadmissible.  Upon this Major Grant flew into a rage, and for
fifteen minutes indulged in a most outrageous tirade of profanity and abusive
threats towards the defendant's counsel, (Mr.. McCabe,) the Government of
the United States, Missouri andl Illinois mobites, &c., shaking his fists over
the counsel's head, and several times threatening his life; giving vent to the
iiiost settled malignity and treasonable designs towards the United States
G(overnment; declaring that this; is not a civil court, but that the military
20 
Doc. No. 25.
rules here, and he commanded them; and that, by the Eternal God, he
would call in the "legion" and "tap the claret" of this d    d villanous
emissary (Mr. McCabe) of that mob Government, (United States,) sent here
to spy out their liberties and frighten the court with his exceptions an(d
technicalities, and clear d    d scoundrels firom punishment, &c., &c.  The
cries of "amen," "we are with you," "go it," "we will back you," "to
the death," "we will stand by you through blood or hell," often broke
from the crowd during this exhibition of extreme patriotism and bravery;
and the court highly applauded the conduct of the witness, the Chief Justice
(Perkins) crying, "Amen! that is the spirit of Jesus."  The hearsay evidence
was admitted, the defendant convicted "as accessory after the fact," for
which there was no count in the indictment. and sentenced to one year's hard
labor on the public works, with ball and chain. Defend(lant's counsel moved
for the privilege of commuting by the payment of money, as had been done to
others, but motion denied.  Before the defendant was arrested, all his
property was seized by process from this court; his counsel filed a motion
to release it, that defendant might have the use of it in his trial and defence,
but the motion was overruled.  T'he material facts we haive detailed in our
report are known, more or less, to many other persons, and we invite the
examination of almost any "gentile" who has been there, andl whose person
and business are secure from danger, in proof of the sedtitious and treasonable
feelings of the leaders in the church, towards the people and Government of
the United States.
These people are now living upon the soil of the United States, and drawing their sustenance from it, free of charge. The Government is paying
their governor, jud(es, secretary, attorney, marshal, and Indian agentsallowing them to elect their own legislature and a delegate to Congress, and
paying them out of the public treasury. They have received twenty thousand dollars for public buildings, and five thousand dollars for a library; andi
instead of the manifestation of respect and gratitude for these manifold favors, they are inexorable in their hatred, and are ready and willing to plot
the destruction of their liberal benefactor. It is impossible for any officer
to perform his duty or execute any law not in sympathy with their views
as the Territory is at present organized. Their conduct shows that they
either disregard, or cannot appreciate, the blessings of the present form of
governmnent established for them by the United States. We have no doubt
the evils complained of will suggest the remedy, and that the Goverinment
has the power and the inclination to maintain its dignity and enforce obedience and respect to the laws, upon every part of its territory where there
is not patriotism enough in the people to do it.
Aware of the solicitude of the President, that the officers appointed( for
that Territory should so proceed in the discharge of their official duties as;
to secure the confidence and amicable co-operation, and promote the welfare,
of the people among whom they were sent, we were not only scrulpulously
careful to give no cause of, offence, but equally slow to take offence at any
exhibition of a- want of courtesy or good will towards us.   In view of
these considerations, we submitted in silence and remained at our posts, until
the,conviction was forced upon us, that to remain longer would be to for
21
I 
Doc. No. 25.
feit not only our own self-respect, but all claim to the approbation of the
Government that had honored us with its confidence.
We have tiae honor to be, vely respectfully, sir, your ob't serv'ts
LEMUEL G. BRANDEBURY
Chj.}-..!stice of the Supremne Couirt of the United States
for the Territory of Utah.
PERRY E. BROCCHUS,
./ssoc,;ate Justice of the Supreme Cou?rt of the United States
for the Territory of Utah.
B. J). HARRIS,
Secretary of the Territory of Utah.
To the PREsIDENT OF THE UNITED STATES.
JMr. harris to.Mr. Webster.
WASHINGTON, January 2, 1852.
SIR: I beg leave to transmit through the State Department, to the President of the United States, the accompanying papers relating to affairs in
the Territory of Utah.
I have the honor to be, most respectfully, your obedient servant,
B. D. HARRIS,
Secr etary of the Territory of Utah.
To the Hon. DANIEL WEBSTER,
Secretary of State of the United States.
ar. Harris to the President of the United States.
WASHINGTON, January 2, 1852.
SIR: I have the honor herewith to transmit to the. President of the
United( States, copies of papers relating to affairs in the Territory of Utah,
which it was not deemed important.to embody in the report recently made
to the President by the officers of that Territory.
The paper marked "No. 1" is a copy of a letter placed in my hands by
Mr. William Kimball, representing himself to be the sergeant-at-arms of
the Legislative Assembly of the Territory, on the'25th day of September
last.
The paper marked "No. 2" is a copy of preamble and resolutions also
placed in my hands by Mr. William Kimball, on the same occasion above
mentioned, to wit: the 25th of September.
The paper marked  "No. 3" is a copy of my reply to papers marked
Nos. 1 and 2, which was transmitted to the persons to whom it is addressed
on the (lay of its date, the 25th of September.
I have also the honor to state that I have not the means of making out
and transmitting to the President and to Congress, copies of the. "executive
proceedings " of the Territory, agreeably to the original act; the governor
having neglected to file in my office many of the executive papers, although
I made repeated verbal requests for them. I at length addressed to him a
note, of which the following is a copy, to wit
22 
Doe. No. 25.
TERRITORY OF UTAH, SECRETARY'S OFFICE,
September 22, 1851.
SIR: Will you please send me by the bearer such executive documents
-as you intend to file in this office, that they may be entered upon the record,
and oblige,
~dient servant,
B. D. HIARRIS,
Secretary.
To his Excellency BRIGHAM YOUNG.
To this note no reply was ever received.
I have the honor to be, with the highest regard,
You'r most obedient servant,
B. D. HARRIS,
Secretary of the Territory of Utah.
To the PRESID)ENT O0' THE UNl-TED STATES.
NO. 1.
HOUSE OF REPRESEFNTATIVES, GREAT SALT LAKE CITY,
Utah Territory, September 24, 1851.
SIR: By a resolution passed by the Legislative Assembly this day, it
was directed that an order be drawn on the Secretary of the Territory for
the sum of five hundred dollars towards defraying the incidental expenses
of the Legislative Assembly.  We  therefore send this order by the  sergeant-at-arms of the Legislative Council, hoping that you will furnish the
sum for our convenience.
Respectfully yours,
WILLARD RICHARDS,
President of the Council.
W. W. PHELPS,
Speaker H. of Reps., Utah Territory.
H. CORAY,
Secretary of Council.
ALBERT CARRINGTON,
Cerk of the House of Representatives.
To the Hon. B. D. HARRIS,
Secretary Utah Territory.
No. 2.
Joint resolution pertaining to the Secretary of Utah Territory.'
;' Whereas the Hon. B. D. Harris, secretary of this the Territory of Utah,
being about to leave, absent himself or abscond from said Territory, and intends, as we are authentically and credibly informed, to carry away or otherwise dispose of the territorial seal, records, papers, documents and property
in his possession, and pertaining to his office, contrary to the organic act
'which provides (sec. 3) that said secretary shall reside in said Territory:
23
~'....:.:: 
Doe. No. 25.
And whereas it is believed that said Secretary has in his possession the
money appropriated by the act of Congress, approved February 27, 1851,.
amounting to $24,000, designed by Congress as compensation and mileage
of members of the Legislative Assembly, and other expenses of said Territory of Utah-(see Statutes at Large, page 571, 31st Congress, 2d session:)
Whereas it is believed that said secretary should not be permitted thusto leave said Territory with so large an amount of government funds, and
without having authority, which we apprehend nowhere exists, thereby seriously inconveniencing not only this Territory, but incurring the loss of said
funds to the general government: therefore,
Resolved by the Legislative Coutncil and House of Representatives  in
joint session assembled, That it shall be the duty of the United States marshal for said Territory to proceed forthwith and take into his possession all
such papers, records, documents, and property of every kind, partaining to
said office of secretary; as also all money in his possession belonging to said
Territory and pertaining to said office, or intrusted by the general government, for the benefit of this Territory, in his hands, together with the seal
and press of the Territory of Utah, and safely keep and preserve the same
for the time being, until the Legislative Assembly shall order otherwise, or
until the vacancy thus occasioned in said office shall be filled by appointment
by the President of the United States, or the disalbilities otherwise cease to
exist.
./nd be itfurther resolved, That in case the said B. D. Harris, secretary as
aforesaid, shall refuse, neglect, or anywise fail to deliver the said papers,
records, seal, press, documents or money,  or any other property or articles
pertaining to said office, or any part thereof, then and in that case it shall
be the duty of the said United States marshal for Utah Territory to arrest
the said B. D. Harris, secretary as aforesaid, and him safely keep in custo(dy
until he shall comply with the foregoing resolution.
WILLARD RICHARDS,
President of the Council.
W. W. PHELPS,
Speaker of the Ioitse of Representativesr.
HOWARD CORAY,
Secretary oj the Council.
ALBERT CARRINGTON,
Clerk of the House of Representatives.
Approved, September 24, 1.851.
BRIGHAM YOUNG,
Governor oj Utah Territory
GREAT SALT LAKE CITY, September 24, 18.51.
No.:3.
TERRITORY OF UTAH, OFFICE OF SECRETARY OF STATE,
September 25, 1851.
GENTLEMEN: Your note, dated September 24th, communicating to m
the substance of a resolution passed by the Legislative Assembly on the 24th
instant, "directing that an order be drawn on the secretary for the sum of
live hundred dollars, towards defraying the incidental expenses of the Legis —
I
24 
Doc. No. 25.
lative Assembly," has this day been placed in my hands by Mr. William
Kimnball. Being desirous that all official business transacted by me with
other departments of the Government, and with individuals, should be
placed in a form to be preserved, I have thought proper to communicate to
you my decision, and some of the reasons which have induced it, in wriing.
By the organic act of the Territory, the secretary is made the disbursing
agent of the United States Government. This agency necessarily involves
judicial powers to a limited extent, fi'om which there is, and can be, no appeal except to the fountain-head. The secretary is not, in law, a mere
machine, bound to allow and satisfy all claims presented to him for payment; on the contrary, he is expressly required to make diligent an(l minute
examination as to the propriety, reasonableness, and legality of such claims
and is clothed with ample powers to allow or reject the same, as his judgment shall dictate. No branch of the territorial government, executive,
legislative, or judicial, can legally interfere to prevent the exercise of these
powers. That the secretary is possessed of such powers, to the extent
claimed, and is legally and morally bound to exercise them, is a perfectly
clear and unanswerable proposition.  Did I entertain any doubts on this
point, my official instructions from the Treasury Department clearly and
distinctly point at the propriety and necessity of the course I deem it my
duty to pursue,
With these preliminary remarks, I proceed to assign, briefly, some of the
reasons for the decision I am compelled to make.
1. The fourth section of the organic act of the Territory requires the
governor, previous to the first election, to cause a census, or enumeration of
the inhabitants of the several counties or districts of the Territory, to be
taken, for the purpose of an equal apportionment of the members of the
Legislative Assembly. In my judgment this provision has not been complied
with, either literally or in accordance with its obvious intent and spirit. If
I am correct in this opinion, of which I entertain no doubt, of course all
subsequent proceedings, based upon this initiatory act, are null and void.
2. The proclamation of the governor, ordering an election, was, in my
opinion, faulty both in form and substance. It did not bear the seal of the
Territory or the signature of the secretary, and in other respects lacked the
essentials of legal form. It was faulty in substance, in that it did, not prescribe the qualifications of voters, or those to be voted for; it did not, as
required by the organic act, prescribe,rules and regulations for the governinent of the election; it did not designate the place where elections should
be held, nor the persons by whom they should be conducted.
3. Aliens voted indiscriminately with American citizens, and those recognised as such by the treaty with Mexico.
4. Aliens acted as officers at the polls, and were elected to office.
r5. Officers not authorized to be chosen were voted for and elected.
6. The fourth section of the organic act, before referred to, further requires the governor to declare the persons having the greatest number of
votes for councillors and representatives, in the respective councillor and
representative districts or precincts, to be duly elected to the Legislative
Assembly. The obvious intent of the law in requiring the governor to
make this declaration, was to give timely notice of an important fact to all
parties interested, which includes not only the members elect themselves,
but, in its narrowest signification, all the inhabitants of the Territory. In
25 
Doc. No. 25.
fact, the election itself could not be complete until this declaration be made.
It is perfectly clear that no declaration of the kind, coming within the letter or the spirit of the law, has been made; and, indee(l, nio declaration at
all. A proclamation designed to accomplish that object was countersigned
by the secretary, and attested by the seal of the Territory, on the 19th
inst.; but that proclamation has never been published, or in any other
manner made known to the public. But even if it had been published in
legal form at the time it received the attestation of the secretary and his
seal of office, it must obviously have been regarded as a nullity. No principle of law is more clearly established than that legal notices, when not
expressly regulated by statute, must be specific in terms and reeasonable in
time, according to the circumstances of the case. I have said that to declaration of the important fact above referred( to, has been made. A p)rinted
document, purporting to be a proclamation by the governor, and to be
countersigned by the secretary, bearing date September 18, 1851, declaring
the members elect, and summoning the Legislative Assembly to meet in
this city on Monday, September 22, 1851, has been placed in mny hands. I
deem it necessary to assign but a single reason why this document is as
worthless, for all legal purposes, as the paper on which it is printed. It is
essentially and fatally different from any executive document filed in this
office, and equally so from any ever attested by the secretary or impressed
with the seal of the Territory.
7. The same section of the organic act, above referred to, makes it the
duty of the governor to appoint the time and place for the first meeting of
the Legislative Assembly. This duty, it is plain, has never been discharged
in a manner answering the requirements of law. The printed document before alluded to contains the only appointment of the kind that has'oeen
made, and that document has already been shown to be null and void.
I have thus, gentlemen, assigned seven distinct reasons for deciding, as I
am now constrained to do, to allow no claim for mileage or per diem allowance to the members of the Assembly now in session, purporting to be the
Legislative Assembly of the Territory of Utah, mand to pay no contingent
expenses connected therewith.  No one can regret more sincerely than myself, that law, facts, and my official instructions and obligations, all conspire to render any other decision impossible. I may be permitted to add,
however, that the just and legal rights of no one will be cancelled or in
any manner prejudiced by this decision.  Fortunately there is one appeal
from it, and only one, to wit: to the Secretary of the Treasury, at Washington, and through him to the President of the United States, as may
readily be ascertained by reference to the independent treasury act, passed
1846, and subsequent modifications thereof, prescribing the duties and responsibilities of disbursing agents. I shall myself so refer the whole matter,
including a copy of this letter, for review. Should my decision be reversed,
the well-known justice and liberality of the government whose agent I have
the honor to be, will insure prompt reparation.
With your note, alluded to in the commencement of this paper, I also received from the hands of Mr. William Kimball a certified copy, approved
by the governor, of a certain preamble and resolutions, passed on the 24th
inst., by the bodies over which you respectively preside, setting forth in substance that I, the secretary of the Territory, it is believed, am about to
abscond from the Territory with the public funds, and directing the United
States marshal to take forcible possession of the money and other property
26 
Do'c. No. 25.
pertaining to my office, and, in case I refuse to deliver up the money andi
property aforesaid, to arrest and imprison me, the secretary, until I comply.
As a faithful officer of the Unite(d  States Government, to which I am
alone responsible for my official conduct, I can have but one reply to make
to this extraordinary demand(. I mnost emphatically refuse to accede to it;
and at the same time, deny the right of even a legal legislative assembly
to exercise any control in the matter. To those who have the legal right
to question and control my official conduct, I am, and ever shall be, at all
times ready to render a faithful account of my stewardship.
In reply to the assertion, or insinuation, containe(l in the preamble above
referred to, that I am about to abscond front the Territory, I have simply
to express my unfeigned astonishment that honorable men should be willing
to father it.
Very respectfully, your obedient servant,
). HARRIS,
Secretary.
To WILLI.ARD RICHARr)S and W. W. PiHELPS, Esqs.
.'lr. Bernhi.sel to the President of  thre United States.
UNITED STATES HOTEL,
Washington, December 30, 1851.
SIR: On the 9th instant, I ad(dressed to you a letter asking that "I may
be informe(d, at the earliest convenient moment, of any allegations which
the officers who had recently returned from Utah Territory  may prefer,
that in your judgment call for notice."  On Wednesday evening, the 24th
instant, I received a note from the Honorable Daniel Webster, Secretary of
State, informing,ne that the charges of the returned officers, just referred
to, were on file in the Department of State. The public offices being closed
at the hour at which I received it, and the next day being Christmas, I was
unable to obtain admission to the State Department before Friday, the 26th
instant. Thus for the first time apprized on that day of these numerous
charges, and having been on the same day informed by your Excellency
that they would be communicated to the House of Representatives on
Monday, the 29th instant, I cannot, of course, be expected now to make an
elaborate reply to them. Nor indeed could I feel myself authorized, under
any circumstances, to enter into, countenance, or admit an official discussion of either the religious faitht or the moral habits of the people of Utah.
But as to so much of the charges of the late officers of  that Territory,
against the Governor and Council thereof, as can be matter of public concern, I shall esteem it my duty, at the earliest moment, to ask for them the
closest scrutiny of a Congressional icommittee; and, in the mean time, I
take leave to place among the executive archives my prompt, unqualified,
and peremptory negation of their truth.
With sentiments of great respect, I have the honor to be, your obedient
servant,
OH   M. BERNHISEL,
Delegate from Utalh.
To the PRESIDENr OF TIRE UNITED STATES.
27 
Do,)(. No. 25.
Governor Younr  to the President of' thc United States.
GREAT SALT LAKE CITY,
September 29, 185s1.
SIR: It isnow ovcr one year since " An act to establish a Territorial Governinent for Utah" became a law of Congress. Information of this fact reached
this place in November following, and about the first of January authentic
information was received of the appointments of the territorial officers by
the President. This news being confirmed on the third (lay of February, I
took the oath of office as governor of this Territory, in accordance with the
provisions of the organic act.  Owing to the great distance from this place
to the seat of the General Government, I considered it of the first importance
that the preliminary arrangements for the organization of the Territory
should be accomplished as soon as possible, in order that a delegate might
be legally returned to the Congress of the United States before the lateness
of the season should render the (at any time) long and( arduous journey
dangerous, if not impracticable; hence my anxiety to proceed with as little
delay as possible, in obtaining the enumeration of the inhabitants, preparatory to appointing the election districts, and apportioning the members of
the Council and House of Representatives to be elected from each.
Having been appointed census agent to take the census of Deseret, and,
owing.to the total miscarriage of instructions and blanks which had not,
neither indeed have yet arrived, the taking of that census had been delayed
for a season; but now being required to cause the enumeration to be taken
for the use of the Territory, and despairing of the blanks comining on, I proceeded to take the census, and appointed my assistants to make out two sets
of returns, one for the United States as census agent for Deseret and one for
Utah, which required not the full census, but merely the enumeration of the
inhabitants; this was sufficiently accomplished to enable me to make out the
apportionment about the first of July, which I did, and issued my  proclamnation declaring the same. This being previous to the arrival of the
secretary, of course his seal and signature were not attached.   (See proclamation No. 1.) The reason inducing this order has been recited alone, that
the election might come off in time, that whoever should be elected as
delegate to Congress might be enabled to go before the inclement season
should set in.
Although the appointments were made early in the fall, yet no new resident officer made his appearance until the ensuing summer, anti some of them
not until about the first of August.
Upon the arrival of a majority of the supreme court, I again issued my
proclamation districting the Territory into three judicial districts, and assigning the judges to their several districts. This proclamation bears the
impress of the seal of the Territory, and signature of Mr. Harris.  (See
proclamation No. 3.)
Learning to my very great regret that the secretary, Mr. Harris, and
Judge Brandebury and Associate Judge Brocchus, intended to return to
the United States this fall, I calle(d upon them personally to ascertain the fact,
and if possible induce them to remain. They, however, assured me it was
their intention to leave, and Mr. Harris also declaring that he should carry
with him all the funds in his hands for the payment of the legislative expenses of the Territory, as also the, seal, records, documents, &c., pertaining
to his office; plainly indicating that it was his intention to essentially vacate
o8 
Doc. No. 5. 5
said office, so far as Utah was concerned(, and anticipate, by leaving with the
funds, the non-payment of the Legislative Assembly-.
I.considered this course i   llwholy unauthorigAlella-ncalled for by
any pretext whatever; I therefore concluded that I would use all legal efforts
that shouid s'eem i raticable, for the retention of the property and money
belonging to the United States, in the secretary's hands, designed for the
use of this Territory; I therefore issued my proclamnation declaring the result
of the election, and convening the Legislative Assembly on the 22d of the
present month.  This proclamation was dated on the 18th instant, thus
showing but a hurried notice; but notices had been sent previously to the
members elect, and when the day arrived, all of the Council were present,
and only one member of the House absent. It is but due to myself to say, that
this proclamation was delayed from the fact of a misunderstanding with the
secretary, that he would nlake out the declaration of the members elect and
prepare the proclamation; which failing to  do, I caused it to be done,
and sent it to him for his signature and impress of the seal of the Territory,
intending for him to keep the manuscript thus furnished, and return a copy
suitable for publication. Much to my astonishment, he p)laced the seal and
signature to the manuscript thus furnished, not even filing a copy for record.
It was published, however. (See proclamation No. 4.)
The legislature convened in accordance therewith, with the exception of
one member of the House from Iron county.  The secrettary di(l not attend
to furnish a roll of the members; I therefoi'e had this duty to perform when
they were called and qualified by his honor Judge Snow.
My message was the next document in order.  (See No. 5.)
On the 24th instant, the Legislative Assembly passed a joint resolution,
making it the dluty of the United States marshal to proceed forthwith and
take into his custody all of the aforesaid filn(ls, property, &c. (See No. 6.)
Trhis resolution was presented to Mr. Harris, as also anrt order for five
hulndre(d dollars, to defray the incidental expenses of the Legislative Assembly. (See No. 7.) He refused to comply with the requirements of each,
(as per No. S.)
At this time, Septetmber 2f6th, I addressed a note to the supine court,
w-ho I understood were then in session, asking their opinion in regard to my
tluty, having reference to the organic act, which requires the governor to
see that the laws are faithfully executed, anlnd requiring the said secretary to
res'de in saidl Territory, &c. (See No.9.)
After awaiting a reply to this note until the day fixed for their departure
had far advanced, I directed the United States district attorney to file a
petition, which would cause themn to give their opinion  (see No. 10 for
copy of petition, and No. 11 for the opinion, and answer) having determined to abide the decision of the judges.  I accordingly stayed all further
proceedings, and on yesterday, the 2Sth, I understand the secretary, Mr.
Harris, and the two judges, Mr. Brandebury and Mr. Brocchus, left this
city on their return to the United States.
For a reply to Mr. Harris's decision (No. S.) I refer you to file No. 12.
Thus, sir, I have given you a plain, unvarnished tale of all our proceedings pertaining to governmental affairs, with the exception of report upon
Indian affairs, which will be made to the proper department.
If your Excellency will indulge me in a few remarks, I will proceed and
make them.
Mr. Harris informed me, in a conversation which I had with him, that he
29 
I)oc. No. 25.
had private instructions, designTed for no eye blit his own, to watch every
movement and not pay out any funds unless the same should be strictly
legal, according to his own judgment.
The supreme court organized and held a session, as will appear by reference to the certified copy of proceedings (No. 13,) without waiting for the
legislative authority fixing the time; and apparently haying no other object than to shield and protect Mr. Harris, in leaving with the funds and
property designed for the use and benefit of this Territory.
It has been said of myself, an(l the people over whom I have the honor
to preside, that they frequently indulge in strictures upon the acts of men
who are intrusted with governmental affairs, and that the government itself
sometimes does not wholly escape. Now, sir, I will simply state what I
know to be true-that no people exists who are more friendly to the government of the United States, than the people of this Territory. The constitution they revere, the laws they seek to honor. But the non-execution of
those laws in times past for our protection, and the abuse of power in the
hands of those intrusted therewith, even in the hands of those whom we
have supported for office, ever betraying us in the h(yur of our greatest
peril and extremity, by withholding the due execution of laws designed for
the protection of all the citizens of the United States-it is for this we
have cause for complaint, not the want of good and wholesome laws; but
the execution of the savae, in the true meaning and spirit of the constitution.
The foregoing is a case in point.  What good and substantial reason can
be given, that the people of this Territory should be deprived, for probably
near a year to conme, of a supreme court, of the official seal of' a secretary
of state, of the official publication of the laws, and other matters pertaining to the office of secretary?
Is it true that officers coming here by virtue of an  appointment by the
President, have private instr?uctions that so) far control their actions as to
induce tht belief that their main object is n.ot the strict and legal performance of their respective (luties, but rather to watch for in,iquity, to catch at
shadows, and make a man " an offiender for a word;" to spy out our liberties, and, by manifold misrepresentationi, seek to prejudice the minds of the
people against us?  If such is the case, better, far better would it be for us,
to live under the organization of our provisional government, and entirely
depending upon our own resources, as we have hitherto done, until such
time as we can be admiitted as a State, than thus to be tantalized with the
expectation of having a legal government, which will extend her fostering
care over all her offspring.  In infancy, if ever, it is necessary to assist the
rising State.
If it be true that nlo legal authority can be exercised over a co-ordinate
and even a subordinate branch of the government, by the legislature thereof, then indeed we may expect the harmony of government to be interrupted,
to hear the discordant sounds of irresponsible and law-defying  agents
desecrating by their acts the very flame of JIterican liberty.
In the appointment of new officers, if you will pardon me for making a
suggestion, I would propose that such men'be selected as will reside within
the Territory, or have a general and extended knowledge of men and
things, as well as of the elementary and findamental principles of law and
legislation; men who h'rve lived and practised outside as well as indoors,
and whose information extends to the duties of a justice of the peace, as
30
I 
Doc. No'. 25.
well as the well-known passages and( districts of the court-room.   In relation to our present unfortunate position, pertaining to the supreme court,
I can only hope that early the ensuing season we may be favored with
a quorum.
As regards the funds, if an arrangemnent could be made authorizing Mr.
Livingstone, a merchant in this place, to receive the money appropriated
to meet the legislative expenses, he would most probably make such
advances as might be necessary, after being advised of the privilege of so
(doing.
The Legislative Assembly are yet in session; of their acts andl doings I
shall take the liberty of making report, the same as would have been the
duty of the secretary had he remained. I cannot conceive that it can or
ought to be in the power of any subordinate officer to subvert, or even retard for any length of time, the ordinary motion of the wheels of government; although I am equally satisfied that it was, and is, the intention of a
portion of those aforesaid officers to utterly subvert and overthrow this
government of Utah; but of this I have no fears, as I know they can have
no good and sufficient apology'br the course they have and are pursuing.
The money that was appropriated for the year ending the 30th of June,
1851, should have been used to defray the expenses of the legislature of
'50 and'51; and the government might have been organized, had the officers have been as efficient in com-ing here as they are now in going away.
The legislature can now, as heretofore, (lo without their compensation and
mileage, and find themselves; they were all unanimously elected (with one
exception,) as was our delegate to Congress, the honorable John M. Bernhisel.
We have soughth  to obtain anr aiithoriz.ed government, and the people
have been well satisfied with the government in regard to all their acts in
relation thereto, so far as I am  acquainted; and  ii the men appointed had
endeavored to be active in the discharge of their duties, all would have
been well.  Mr. Harris takes exceptions to every thing that has been done.
Did he take hold, upon his arrival at this place, and endeavor to assist in the
organization cf this government as a secretary should (lo?  Not at all;
never was he the man to do the first thing, either by suggestion or otherwise, unless perhaps it was occasionally to slt his hand andi seal of the
Territory to some document that ha(l been prepared for him.  Ilave either
of the judges who are returning ever done any thing towards the  organizationr of tihe Territory?  TLey organized the supreme  court chiefly, as I
think, to assi.st Mr. IHarris in leavii(ng with the funds; and I believe Judge
Bran(iert)ury apFointe(I a clerk of the distri(ct.  Judge Brocchus had determine(]  on returning this fill, previous to his arrival, as  I am  credibly
informed; and they both leIng at this time, just when the time has arrived
for them to act, postpones indefinitely all courts in their respective districts.
.Judg.e:Erocchus has nerer oe.: in has district, that I know of.  Thus, so far
as the',ubic iterests are concerned, it would have been quite as well if
n,eithle ofl the?se gentlemen or Mr. tHarris hadl ever troubled themselves to
cross the plains.
Whsatever may be your decision upon all these matters, be assured that
it is and I,has been my intention to discharge faithfully every duty pertaining
31 
Doc. No. 25.
to my offce; and that I shall receive very gratefully any instructions that
you will please to give. Awaiting most anxiously to hear from you,
I have the honor to be, your Excellency,
Very respectfully and truly yours,
BRIGHAM YOUNG.
To his Excellency MILLARD FILLMORE,
President of the United States of JAorth Imerica.
Memorial signed by members of the Legislative.Assembly of Utah to thle
President of the United States.
GREAT SALT LAKE CITY, September 29, 1851.
To fillard Fillmore, President of the United States of JVorth America:
The undersigned, members of the Legislative Assembly for the Territory
of Utah, do hereby most respectfully beg leave to show, that whereas two
of the honorable justices of the supreme court of the United States for the
Territory of Utah, and the Hon. B. D. Harris, secretary of the Territory,
have removed from the Territory of Utah, and consequently vacated their
offices within the  same, therefore your merrorialists do most earnestly
solicit and pray the Chief Executive of the United States to fill those
vacancies as speedily as possible.
Accumulated influences of a disagreeable nature may be regarded as our
apology for trespassing upon the attention of our highly honored  Chief
Magistrate at this time. The vacating of important public offices in a
manner as unwarranted as it is unprecedented, at this peculiar crisis of our
colonial settlement and government, have created mingled sensations of an
extraordinary character, which we wish, briefly, to pour into the bosom of
the national Executive.
Immediately consequent upon the settlement of this colony, a large and
heterogeneous elmligration followed upon our heels, remnaining here a shorter
or longer time, imperatively requiring the establishment of an efficient government for the speedy protection of life, peace, virtue, and property.  In
addition to a transient and ungovernable emigration, almost constant Indian
depredations have pleaded, like the irresistible maw of death, for the institution of some formida(ble order and power of government among us.   A
provisional government was accordingly formed, which has met the exigencies of the people, aad secured general tranquillity, order, and satisfaction. And when the announcement of a territorial government under your
fostering hand reached us, it was hailed with shoutings and firing of cannon.
But, sir, the officers appointed sufficiently early to have reached here last
winter did not arrive till July last, when measures had been taken by the
governor of Utah for taking the census, and securing an election of a delegate to Congress, and members of the legislature, without the seal of the
honorable secretary of the Territory. And now, in the very dawn of the
arrival of the government officers, and of our hopes of an efficient territorial government, we are most seriously embarrassed with their unprovoked
departure from the limits of the Territory, taking with them the judiciary,
the public seal, and the public fund, leaving us in a more crippled condition,
i. possible, than previous to their arrival; thereby tantalizing a people of
3-
i 
Doc. No. 25.
33
more than Spartan integrity and fortitude, that have long been struggling
against the most invincible difficulties.  The first demand upon the honorable secretary for stationery, desks, and such contingent expenses as might
necessarily accrue in the outset of a legislative assembly, has been peremptorily refused.  Not only so, but all the authorities of the Territory,
including the governor and both houses of the Assembly, and marshal, have
been set at naught, as exercising their functions illegally and unconstitu tionally. (See document marked No. S.)  Thus, sir, when we have looked
for the fostering aid of such a functionary as the honorable secretary, and
for a fellow-citizen worthy the honor conferred by our illustrious Chief,
Magistrate, we have been annoyed with the technics of legal quackery, and
our respectfui address for stationery, &c., has been responded to, not as
to legislators of the undivided choice and sole representation of a sovereign
people, who know the right of franchise and of self-government, under the
constitution, but as to men  who  ape  authority that  does not belong
to them.  Although we are ipso facto honored with the choice of a sove  reign, and free people to be their representatives in legislative assembly,
and the refusal of a captious stranger to accredit us with the fact does
not shake the truth; still a studious violation of etiquette, when it is designed
to convey burlesque, contempt, and indignity upon a legislative body, is
calculated to alienate a people from such functionaries.
Your memorialists, being aware of the difficulty of sending men from the
States to fill the vacancies that have accrued from the remnoval of the
two honorable judges, and the Hon. B.  D. Harris, during the period of
many months to comie, and feeling cautious against any possible future re    movals like those which now embarrass us with the want of a Territorial
seal and funds, to meet constantly accruing expenses, and also the want of
a full supreme court of the United States for Utah Territory, and desirous
to dwell in peace and unfeigned loyalty to the constitution and general gov    ernment of the United States, do therefore pray our highly honored  Chief
Magistrate to appoint nen to fill the aforesaid vacancies, by and with the
consent of the Senate, who are indeed residents an)ong us, in order that we
may enjoy the full administration of every department of government speed     ily, as the prosperity of the Territory shall require; and your inemorialists,
as in duty bound, will ever pray.
WILLARD  RICHARDS, President of Council.
A. L. Lamereaux,          Heber C. Kimball,
John Stoker,              David H. Wells,
Gideon Brownell,          Aaron Johnson,
James Brown,              Alexander Williams,
David B. Dille,           Isaac Morley,
James G. Browning,        Jno. S. FuLllmer,
David Evans,              Charles R. Dana,
Williamn Miller,          Orson Spencer,
Levi W. Hancock,          Mr. Phelps,
Charles Shumway,          Lorin Farr,
George A. Smith.
WELFA WOODRUFF, Speaker H. R.
Nathaniel H. Felt,        Daniel Spencer,
David Fullmer,            Phineas Richards,
Albert P. Rockwood,       B. F. Johnson,
Edwin D. Woolly,          Hosea Stout,
TJos. Young,                         H. G. Sherwood. 
.4