Out of the West: John M. Bernhisel, Washington, and the Mormon Frontier

This work examines the influence of the frontier on the rise and fall of Mormon Nationalism as seen through the eyes of Dr. John Milton Bernhisel. It argues that the failings of the social, political, and economic institutions of antebellum America prompted the Latter-day Saints to attempt to carve out an exclusive homeland on the western frontier and rule it according to theopolitical principles. They soon came into conflict with existing settlers however, who were attempting to create their own alternative institutions in response to the deficiencies of frontier governments. Like the Mormons, these settlers often created private militias, operated extralegal justice systems, and claimed certain rights not articulated in law. Not surprisingly, these two competing polities soon came into violent conflict. In the absence of the rule of law, the will of the majority prevailed and frontier settlers drove the Mormons from their lands. In response, the Latter-day Saints retreated into the isolation of the Great Basin. They soon discovered that they had only traded conflicts with frontier settlers for a more serious confrontation with Washington. In response, Mormon leaders turned to John Bernhisel for help in navigating the treacherous political waters of antebellum America. For some twenty years, Dr. John Milton Bernhisel negotiated between the Mormons and the country's political leaders. Through his eyes we see the impact of frontier dynamics on the formation of Mormon society and the conflicts that the Latter-day Saints experienced with outsiders. In Illinois, Bernhisel witnessed the violence that attended Joseph Smith's attempt to create an American Zion on the frontier. He later served in Congress and continually warned Mormon leaders of the need to negotiate the boundaries of Mormon Nationalism with the reality of Washington's power. The Latter-day Saints resisted compromise however. When Washington sent troops to Utah Territory to enforce federal power, Brigham Young blocked their entrance into Latter-day Saint settlements. Bernhisel worked frantically to keep the confrontation from exploding into violence. Thanks in part to his efforts, both sides backed down from an armed confrontation and sought a peaceful resolution. Peace would come with a price however. Federal power steadily eroded Mormon Nationalism. As a result, the Latter-day Saints gradually succumbed to established cultural expectations until they became among the most typically American of peoples to come out of the West.

OUT OF THE WEST: JOHN M. BERNHISEL, WASHINGTON, AND THE MORMON FRONTIER by Bruce W. Worthen A dissertation submitted to the faculty of The University of Utah in partial fulfillment of the requirements for the degree of Doctor of Philosophy Department of History The University of Utah May 2018 Copyright © Bruce W. Worthen 2018 All Rights Reserved The University of Utah Graduate School STATEMENT OF DISSERTATION APPROVAL The dissertation of Bruce W. Worthen has been approved by the following supervisory committee members: W. Paul Reeve , Chair 10/23/2017 Date Approved Eric A. Hinderaker , Member 10/23/2017 Date Approved Winthrop L. Adams , Member 10/23/2017 Date Approved Mark Button , Member 10/23/2017 Date Approved Matthew Grow , Member 10/23/2017 Date Approved and by Eric A. Hinderaker the Department/College/School of and by David B. Kieda, Dean of The Graduate School. , Chair/Dean of History ABSTRACT This work examines the influence of the frontier on the rise and fall of Mormon Nationalism as seen through the eyes of Dr. John Milton Bernhisel. It argues that the failings of the social, political, and economic institutions of antebellum America prompted the Latter-day Saints to attempt to carve out an exclusive homeland on the western frontier and rule it according to theopolitical principles. They soon came into conflict with existing settlers however, who were attempting to create their own alternative institutions in response to the deficiencies of frontier governments. Like the Mormons, these settlers often created private militias, operated extralegal justice systems, and claimed certain rights not articulated in law. Not surprisingly, these two competing polities soon came into violent conflict. In the absence of the rule of law, the will of the majority prevailed and frontier settlers drove the Mormons from their lands. In response, the Latter-day Saints retreated into the isolation of the Great Basin. They soon discovered that they had only traded conflicts with frontier settlers for a more serious confrontation with Washington. In response, Mormon leaders turned to John Bernhisel for help in navigating the treacherous political waters of antebellum America. For some twenty years, Dr. John Milton Bernhisel negotiated between the Mormons and the country's political leaders. Through his eyes we see the impact of frontier dynamics on the formation of Mormon society and the conflicts that the Latterday Saints experienced with outsiders. In Illinois, Bernhisel witnessed the violence that attended Joseph Smith's attempt to create an American Zion on the frontier. He later served in Congress and continually warned Mormon leaders of the need to negotiate the boundaries of Mormon Nationalism with the reality of Washington's power. The Latterday Saints resisted compromise however. When Washington sent troops to Utah Territory to enforce federal power, Brigham Young blocked their entrance into Latter-day Saint settlements. Bernhisel worked frantically to keep the confrontation from exploding into violence. Thanks in part to his efforts, both sides backed down from an armed confrontation and sought a peaceful resolution. Peace would come with a price however. Federal power steadily eroded Mormon Nationalism. As a result, the Latter-day Saints gradually succumbed to established cultural expectations until they became among the most typically American of peoples to come out of the West. iv In memory of Dr. Robert Neal Linebarger. TABLE OF CONTENTS ABSTRACT ....................................................................................................................... iii ACKNOWLEDGEMENTS ............................................................................................... ix I. HISTORIOGRAPHIC ESSAY .......................................................................................1 Mormon Studies and Western History.................................................................................3 Bernhisel and the Western Frontier .....................................................................................6 Literature Review.................................................................................................................7 The Bernhisel Letters .........................................................................................................11 II. INTRODUCTION ........................................................................................................13 The Mormon Frontier ........................................................................................................14 Organization .......................................................................................................................18 "A Riddle Unread" .............................................................................................................20 III. "MY JOURNEY TO THE WESTWARD" ................................................................23 Loysville ............................................................................................................................24 A Gentleman of Respectability ..........................................................................................26 Into the West ......................................................................................................................30 St. John's Park ...................................................................................................................47 "Stand Still and See the Salvation of God" .......................................................................49 Columbian Hall ..................................................................................................................54 IV. FOUR MILES FROM CARTHAGE..........................................................................57 "Hosanna! Hosanna! Hosanna! To God and the Lamb!" ..................................................60 Kingdoms of Heaven and Earth .........................................................................................66 "My Dog Would Make a Better President" .......................................................................72 "Political and Military Mormonism" .................................................................................77 "Ye are my Constitution"...................................................................................................82 "I Said Emphatically ‘Don't Go'" .....................................................................................89 V. "WINTER IS APPROACHING AGAIN" ...................................................................96 "The Next Bullet that will be Shot Will Reach My Heart" ...............................................98 "Our Reserved Rights" ....................................................................................................104 The Western Mission .......................................................................................................111 The Sword and the Trowel ...............................................................................................117 The Carthage Convention ................................................................................................120 The Camp of Israel...........................................................................................................125 VI. "THE FAT VALLEYS OF EPHRAIM" .................................................................135 "Polk Would be Damned for this Act" ............................................................................140 "More than Your Grateful Friend" ..................................................................................144 Inventing the State of Deseret ..........................................................................................151 "Eternal Shame to Illinois" ..............................................................................................161 VII. GREAT BASIN CONFLUENCE ...........................................................................167 A Stranger in a Strange Land among a Still More-Strange People .................................169 "All Sorts of Spirits Prevail Here" ...................................................................................179 "The Impulsive Representatives of the People" ..............................................................183 "The Center of Politics, Fashion, and Folly" ...................................................................185 "Old Rough and Ready" ..................................................................................................189 "Zachary Taylor is Dead and in Hell" .............................................................................196 VIII. "WE HAVE ONLY AKSED FOR SIMPLE JUSTICE" .......................................204 "I am Sick and Tired of this Place" .................................................................................207 "The Great Wheel of Time" .............................................................................................211 "Throwing Down the Glove" ...........................................................................................221 "No Man has Been More Grossly Misrepresented" ........................................................228 IX. "A MOST TURBULENT, DISLOYAL, AND REBELLIOUS PEOPLE" .............235 "I am and will be Governor" ............................................................................................237 "An Eternity of Cats" .......................................................................................................241 "Friendly Disposed to the People of Utah"......................................................................244 "For a Wise Purpose".......................................................................................................249 "Coaxing Hell into our Midst" .........................................................................................255 X. "WHEN A THOUSAND YEARS HAVE SLEPT AWAY" .....................................266 You Have Only Yourselves to Blame ..............................................................................269 The Government's True Intentions ..................................................................................277 "Lift the Sword and Slay Them" .....................................................................................283 "Nothing but Death and Darkness"..................................................................................289 XI. WRONGS REAL AND IMAGINARY....................................................................302 "A Shrewd Yankee" .........................................................................................................304 "What will be their Next Move?" ....................................................................................307 "Give Way" ......................................................................................................................314 The Valley Tan ................................................................................................................320 Bernhisel and Lincoln ......................................................................................................327 vii XII. CONCLUSION .......................................................................................................333 BIBLIOGRAPHY ............................................................................................................340 Abbreviations ...................................................................................................................340 Newspapers ......................................................................................................................341 Government Documents ..................................................................................................343 Other Primary Source Documents ...................................................................................344 Books and Dissertations ...................................................................................................346 Articles .............................................................................................................................355 viii ACKNOWLEDGEMENTS I am indebted to many people and institutions for their assistance in this project. I am particularly grateful to my dissertation committee members W. Paul Reeve, Matthew J. Grow, Eric Hinderacker, Lindsay Adams, and Mark Button. Many others in the History Department at the University of Utah have helped me in this journey including Robert Goldberg, Ray Gunn, Ed Davies, Colleen McDannell, Greg Smoak, and John Reed. I am particularly indebted to the Church History Library of the Church of Jesus Christ of Latter-day Saints especially William Slaughter, Michael Landon, and LaJean Purcell Carruth. I am also grateful to the Community of Christ in Independence, Missouri who made their archives available to me. My thanks especially to Rachel Killebrew, Mark Sheerer, and William Morain. I am particularly grateful to those who work in Special Collections at the Marriott Library of the University of Utah. Walter Jones, Elizabeth Rogers, Stan Larson, Paul Morgen, and Gregory Thompson provided valuable assistance and encouragement. I also express my gratitude to the many others who assisted my research at the L. Tom Perry Special Collections Library at Brigham Young University, the Briscoe Library at the University of Texas at Austin, the Bancroft Library at the University of California at Berkeley, Utah State University Special Collections, the Missouri Historical Society, the Gerald R. Sherratt Library at Southern Utah University, and the Utah State Historical Society. In addition, many authors and researchers have generously shared their knowledge with me including Will Bagley, Steve Boulay, Andrew Ehat, Ron Fox, Holly George, Brian Hales, Robin Jensen, Tom Kimball, William P. Mackinnon, H. Michael Marquardt, Ardis E. Parshall, Jed Rogers, Michael Shamo, William Shepherd, and John Turner. I am especially indebted to my son Zach who read the entire dissertation and tactfully suggested many improvements. I could not have produced this work without his assistance. x CHAPTER I HISTORIOGRAPHIC ESSAY This work is the first scholarly exploration of John Bernhisel's life and his role in Mormon history in nearly fifty years. Gwynn Barrett's 1968 dissertation "John M. Bernhisel, Mormon Elder in Congress" has long been the principal reference on Bernhisel life and works.1 While Barrett's work is still valuable, he did not have access to many of the letters, journals, minutes, and other materials available to researchers today. In addition, Barrett's work makes only limited attempts to explore Bernhisel's life before joining the Mormon Church in the early 1840s. Finally, Barrett makes little effort to place Bernhisel and the Mormons within the larger context of American history - a shortcoming shared by much of the scholarship of the time. Jared Farmer in his book On Zion's Mount observes that traditionally the currents of Mormon history have flowed inward. He laments that most of the historical writings produced by Latter-day Saint authors fails to reach outside the Mormon collective experience making it a land-locked sea of scholarship. Meanwhile, Farmer believes that most U. S. historians ignore Mormon history almost completely.2 His concerns are shared See Gwynn Barrett, "John M. Bernhisel, Mormon Elder in Congress" (PhD Diss., Brigham Young University, 1968), 1. 1 Jared Farmer, On Zion's Mount Mormons, Indians, and the American Landscape (Cambridge, MA.: Harvard University Press, 2008), 14. 2 2 by historian Jan Shipps. In her book Sojourner in the Promised Land, Shipps uses the "doughnut theory" to illustrate the tendency of U. S. historians to circle around the Mormon experience creating a hole in the historical narrative of the West.3 There is certainly some basis for the views of Farmer and Shipps. Malcolm J. Rohrbough in his landmark work Trans-Appalachian Frontier: People, Societies, and Institutions, 1775-1850 makes only scattered references to the Mormons that amount to a total of less than two pages.4 Meanwhile, Charles Sellers in his work The Market Revolution: Jacksonian America, 1815-1846 devotes less than seven pages to the Latter-day Saints and provides a portrayal of the Mormon experience that is both shallow and one-dimensional.5 The writings of many other U. S. historians have had similar short-comings. Not until recently has a new generation of historians taken the story of the Latter-day Saints into broader fields of inquiry.6 An example is Daniel Walker Howe's What Hath God Wrought: The Transformation of America, 18151848 - a work that treats the Mormon contribution to the history of the West seriously 3 Jan Shipps, Sojourner in the Promised Land: Forty Years among the Mormons (Urbana: University of Illinois Press, 2000), 21. 4 Malcolm J. Rohrbough, Trans-Appalachian Frontier: People, Societies, and Institutions, 1775-1850, 3rd ed. (Bloomington: Indiana University Press, 2008). 5 Charles Sellers, The Market Revolution: Jacksonian America, 1815-1846 (New York: Oxford University Press, 1991), 217-25, 387. 6 Newell G. Bringhurst and Lavina Fielding Anderson, Excavating Mormon Pasts: The New Historiography of the Last Half Century (Salt Lake City: Greg Kofford Books, 2004), ix-xiv. 3 and extensively.7 Ironically, at the same time that this interest in Latter-day Saint history has been on the rise, another historiographic development has made it more difficult to discuss the Mormon experience within the context of the western frontier. Mormon Studies and Western History It seems that the New Mormon History has coincided with the rise of the New Western History. This latter historiographic development has created a new doughnut hole into which terms such as "frontier" and "trans-Appalachian West" have been discarded.8 Patricia Nelson Limerick in her influential book The Legacy of Conquest : The Unbroken Past of the American West argues that the concept of the frontier is not very significant in American history. Limerick contends that "every human group has a creation myth" and declares that Frederick Jackson Turner's frontier thesis along with its claims about American exceptionalism are not only myths but "ethnocentric," "nationalistic," and "racist" as well.9 She and historians such as Richard White and Donald Worster believe that the West is not a process but a place located somewhere between the one hundredth meridian and the West Coast. Therefore, they minimize the importance of trans-Appalachia in western studies and have instead consigned it to the 7 Daniel Walker Howe, What Hath God Wrought: The Transformation of America, 18151848 (New York: Oxford University Press, 2007). See also John C. Thomas' comparison of Howe's and Sellers' books in Journal of Mormon History 35 (Winter 2009): 208-13. Kerwin Lee Klein, "Reclaiming the ‘F' Word, Or Being and Becoming Postwestern," Pacific Historical Review 65 (May 1996): 179-215. 8 Patricia Nelson Limerick, The Legacy of Conquest : The Unbroken Past of the American West (New York: Norton, 1987), 322. See also Patricia Nelson Limerick, Clyde A. Milner II, and Charles E. Rankin, eds., Trails: Toward a New Western History (Lawrence, KS: University Press of Kansas, 1991), 85. 9 4 oblivion of the New Western History doughnut hole.10 While this approach has its advocates, not all historians feel that discarding the study of the frontier in general and trans-Appalachia in particular is merited or wise. In more recent years, historians such as Clyde Milner II, Stephen Aron, Kerwin Klein, John Faragher, Eric Foner, and William Cronon have repatriated and repaired these banished concepts of the American West. Klein in his influential article "Reclaiming the ‘F' Word, or Being and Becoming Postwestern" challenges many of Limerick's arguments concerning the importance of the frontier experience. Klein argues that advocates of the New Western History have needlessly abandoned legitimate historical subjects in their eagerness to promote a more inclusive vision of the West. This has resulted in the emergence of a "Greater Western History" that creates a conceptual framework that heeds Limerick's call for the inclusion of new voices while still preserving the study of the influence of the frontier in the development of the West. Increasingly, historians now see the frontier as a confluence of peoples fighting for space rather than as a moving line between civilization and savagery. This new definition of the frontier embraces once neglected voices such as those of women, Asians, Hispanics, miners, and even Mormons. Under this new conception of the West, the frontier can be both a process and a place.11 Kerwin Lee Klein, "Reclaiming the ‘F' Word, Or Being and Becoming Postwestern," Pacific Historical Review 65 (May 1996): 181-182. Klein notes that Richard White's textbook, It's Your Misfortune and None of My Own, takes place entirely west of the Mississippi. Klein claims that such historians are essentially telling anyone interested in western history to "call us when you get to the Rockies." 10 Klein writes, "The old, frontier-style western history, so the argument goes, has so closely identified itself with celebratory accounts of what a good thing it was for Europeans to have slaughtered their way across the continent that the only way to introduce non-male, non-white voices to our public memory is to renounce frontier 11 5 Stephen Aron, in his book American Confluence: The Missouri Frontier from Borderland to Border State, defines the frontier as an intercultural intersection where no one group or polity has the upper hand. This opens the door for the frontier to be a place of cooperation as well as a place of conquest.12 Aron has also repatriated the traditional location of "the West" by using the definition of nineteenth-century Americans who designated all the land between the Appalachian Mountains and the Pacific Ocean as the "Great West." Once again, the trans-Appalachian region, which was the birthplace of Mormonism, can be admitted into the discussion of the American West.13 Finally, Malcolm Rohrbough fills out this new definition by arguing that the act of creating new communities on the frontier transformed settlers and their culture. In his view, the frontier is a place where both the demands of the land as well as the collision of cultures shape new societies.14 history, give up talking about western history in continental terms, and concentrate on the West as a region." See Kerwin Lee Klein, "Reclaiming the ‘F' Word, Or Being and Becoming Postwestern," Pacific Historical Review 65 (May 1996): 181. See also Clyde A. Milner II, "A Reconquered Frontier," Reviews in American History 17 (March 1989): 90-94. 12 Stephen Aron, American Confluence the Missouri Frontier from Borderland to Border State (Bloomington: Indiana University Press, 2006), xvi-xviii. "By frontier, we understand a meeting place of peoples (in which no single political authority has established hegemony and there is fixed control over clearly demarcated borders)." Stephen Aron, "Lessons in Conquest: Towards a Greater Western History," Pacific Historical Review 63 (May 1994): 127-128. 13 14 Rohrbough, Trans-Appalachian Frontier, 4-5. 6 Bernhisel and the Western Frontier Dr. John Milton Bernhisel presents a particularly powerful lens through which to view antebellum Mormon history within this new framework of the West. Bernhisel was intimately acquainted with Latter-day Saint settlement practices that sometimes created frontiers of cooperation but at other times resulted in frontier violence. He was a keen observer of the dynamics of the frontier and how it created new societies that were different in nature from those of the East. Bernhisel grew up in the backcountry of western Pennsylvania and spent most of his early life on the frontier. From 1820 to 1825 he traveled throughout trans-Appalachia making detailed observations of its peoples and cultures. Bernhisel's letters from the West speak of the developing religious, political, and economic institutions of the frontier. When he became a Latter-day Saint, Bernhisel observed the workings of these same dynamics on Mormon society. Bernhisel was also well-versed in the culture of the upper-class of the East. He earned a medical degree from the University of Pennsylvania in 1827 - an experience that changed his life. Bernhisel not only learned the art of medicine at the University of Pennsylvania but also the ways of social sophistication. He soon became known as a gentleman of respectability and intelligence and became acquainted with some of the most powerful people of the age. Bernhisel's experiences living among settlers on the frontier as well as among the cultured elite of the East made him a particularly valuable representative for Mormon leaders. Bernhisel converted to Mormonism in New York City by 1840 and moved to Church headquarters in Nauvoo, Illinois in May 1843. By October of that year, he had taken up residence in the Mormon Prophet's household where Joseph Smith treated him 7 as a member of the family. Bernhisel's experience in Nauvoo quickly turned into a nightmare however. His attempt to negotiate the surrender of Smith to face charges of destroying an opponent's printing press ended in the murder of the Mormon Prophet. Matters only got worse over the next two and half years. Bernhisel experienced first-hand one of the worst eruptions of frontier violence in American history as some ten thousand Mormons fled Nauvoo only to die by the hundreds on the plains of Iowa and Nebraska. Bernhisel spent much of the rest of his life using his contacts, knowledge, and powers of persuasion to save the Mormons from a similar fate in the Great Basin. Bernhisel's experience provides a unique lens into the engines of frontier culture that dominated the early history of the Latter-day Saints. Bernhisel was a personal witness not only to well-known incidents such as the events surrounding the murder of Joseph Smith, but also to the often neglected history of the Latter-day Saints that occurred between the Mormon Prophet's death and the departure of Brigham Young for the Great Basin. These events strongly shaped Mormon attitudes and actions during their early years in the Great Basin but are rarely discussed in detail in the historiography of the Latter-day Saints. Literature Review In Nauvoo: Kingdom on the Mississippi, Robert Bruce Flanders devotes only one chapter to historical events in Nauvoo following the death of Joseph Smith and barely mentions the time the Mormons spent in Iowa and Nebraska.15 In a more recent work, John Turner's Brigham Young, Pioneer Prophet addresses the late Nauvoo period and the 15 Robert Bruce Flanders, Nauvoo: Kingdom on the Mississippi (Urbana: University of Illinois Press, 1978), 306-341. 8 events that occurred in Iowa and Nebraska - but Turner had little room for a thorough exploration of them in a book with such a broad scope.16 Dallin H. Oaks and Marvin S. Hill in their book, Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith, provide the reader with some details of the events leading up to the fall of Nauvoo, but only as they applied to the trial of those accused of killing the Smith brothers.17 Richard Bennett's 1987 work, Mormons at the Missouri : Winter Quarters, 1846-1852 is perhaps the most complete scholarly reference to this period. Its major emphasis is on the Mormon experience in Iowa and Nebraska however and he does not cover the events surrounding the fall of Nauvoo in detail.18 Matthew J. Grow's work, "Liberty to the Downtrodden" : Thomas L. Kane, Romantic Reformer provides an outsider's perspective on Mormon events in Illinois, Iowa, Nebraska, and Utah. However, this narrative is told largely from the perspective of someone who was not present when many of the key events shaping the Latter-day Saints occurred.19 Meanwhile, there is also a great body of literature concerning events in the Great Basin. This scholarship concentrates primarily on the story of the Mormon exodus to the Far West and issues surrounding the Utah War. There is often little coverage of the political, economic, and social institutions of the Great Basin between 1847 and 1857 - 16 John G. Turner, Brigham Young, Pioneer Prophet (Cambridge, MA; London, GB: The Belknap Press of Harvard University Press, 2012), 110-165. 17 Dallin H. Oaks and Marvin S. Hill, Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith (Urbana: University of Illinois Press, 1975). Richard Edmond Bennett, Mormons at the Missouri : Winter Quarters, 1846-1852 (Norman: University of Oklahoma Press, 2004). 18 Matthew Grow, "Liberty to the Downtrodden" : Thomas L. Kane, Romantic Reformer (New Haven: Yale University Press, 2009). 19 9 much less a linkage to the Nauvoo period. Leonard Arrington's works Great Basin Kingdom; an Economic History of the Latter-Day Saints, 1830-1900 and Building the City of God : Community & Cooperation Among the Mormons have been the most complete references to this period.20 More recently however there has been scholarship in the form of journal articles that concentrate on specific incidents leading up to the Utah War such as Ron Walker's "The Affairs of the ‘Runaways': Utah's First Encounter with the Federal Officers."21 Still, much of the historiography of this period tends to emphasize incidents such as the Mountain Meadows Massacre and the Utah War with only limited attention paid to the chain of events, beginning in Nauvoo, that led up to these episodes. For over fifty years, the principal scholarly work on issues surrounding the Utah War has been The Mormon Conflict by Norman F. Furniss.22 This book is very valuable in its coverage of events from a Washington perspective, but does little to explain the motives for the actions of the Mormons. He brushes over the events leading up to 1857 and devotes only a few pages to events that occurred before 1850. The same is true of many other authors outside of Utah. Kenneth Stampp's book, 1857: A Nation on the 20 Leonard J. Arrington, Great Basin Kingdom; an Economic History of the Latter-Day Saints, 1830-1900 (Cambridge: Harvard University Press, 1958). See also Leonard J. Arrington, Feramorz Y. Fox, and Dean L. May, Building the City of God : Community & Cooperation among the Mormons (Salt Lake City: Deseret Book Co, 1976). Ronald W. Walker "The Affair of the ‘Runaways': Utah's First Encounter with the Federal Officers, Part 1," Journal of Mormon History 39 (Fall 2013): 1-43. See also Ronald W. Walker and Matthew J. Grow "The People Are ‘Hogaffed or Humbugged': The 1851-52 National Reaction to Utah's ‘Runaway' Officers, Part 2," Journal of Mormon History 40 (Winter 2014): 1-52. 21 22 Norman F. Furniss, The Mormon Conflict, 1850-1859 (New Haven: Yale University Press, 1960). 10 Brink devotes only one chapter to the Utah War with material drawn mostly from secondary sources. He treats the Utah War as a sideshow to other national events and ignores the linkages between them.23 Meanwhile, independent historian William P. McKinnon has devoted over fifty years to the study of the Utah War. His 2008 work At Sword's Point Part 1, focusses on the events of 1857 with little information on the issues leading up to the conflict with the federal government - especially those occurring before 1847.24 Other Utah based authors follow a similar pattern. David L. Bigler and Will Bagley in The Mormon Rebellion : America's First Civil War, 1857-1858 take issue with how the Mormon Church has traditionally portrayed the Utah War, but offer little insight other than to paint the conflict in a sinister light.25 These same shortcomings are evident in the historiography of the Mountain Meadows Massacre. The mass murder of some 120 emigrants in southern Utah in September 1857 has been the subject of many books. This includes the ground breaking work of Juanita Brooks, The Mountain Meadows Massacre written in 1950.26 Numerous other works followed, including Will Bagley's controversial book Blood of the Prophets : Brigham Kenneth M. Stampp, America in 1857 : A Nation on the Brink (New York: Oxford University Press, 1990). 23 William P. MacKinnon, At Sword's Point, Part 1: A Documentary History of the Utah War to 1858 (Norman, OK: Arthur H. Clark Co., 2008). See also William P. MacKinnon, At Sword's Point, Part 2: A Documentary History of the Utah War 1858-1859 (Norman, OK: Arthur H. Clark Co., 2016). 24 David L. Bigler and Will Bagley, The Mormon Rebellion : America's First Civil War, 1857-1858 (Norman: University of Oklahoma, 2011). 25 26 Juanita Brooks, The Mountain Meadows Massacre (Norman: University of Oklahoma Press, 1963). 11 Young and the Massacre at Mountain Meadows.27 The continued controversy over this tragic episode prompted a work sponsored by the Church of Jesus Christ of Latter-day Saints entitled Massacre at Mountain Meadows by Ronald W. Walker, Richard E. Turley, and Glen M. Leonard.28 These books all focus on a very narrow timeframe however and direct most of their attention to assembling evidence to support their theories concerning the culpability for the massacre. Such an approach leaves little room for a thorough treatment of events that made the Utah War and the Mountain Meadows massacre possible. The Bernhisel Letters Bernhisel is a particularly powerful lens through which to observe the linkages between the Mormon experience in Illinois and its impact on their actions in the Great Basin. In addition to witessing the events leading up to the fall of Nauvoo, Bernhisel became intimately acquainted with the way they influenced Mormon actions in the Far West. Bernhisel began meeting with the top Mormon leadership as early as November 15, 1847 to discuss a strategy for establishing a politically and economically independent government in the Great Basin while minimizing the influence of outsiders. Bernhisel was also one of the original members of the Council of Fifty, a secretive organization that was effectively the governing body of early Mormon settlements in the Great Basin. In 1849, Bernhisel became the principal negotiator between the Mormons and the federal Will Bagley, Blood of the Prophets : Brigham Young and the Massacre at Mountain Meadows (Norman: University of Oklahoma Press, 2002). 27 28 Ronald W. Walker, Richard E. Turley, and Glen M. Leonard, Massacre at Mountain Meadows (Oxford, England ; New York: Oxford University Press, 2008). 12 government. Bernhisel's voluminous letters shed light on the tense relationship between the Mormons and the federal government between 1849 and the Utah War. These letters demonstrate how Mormon anger over their treatment in Illinois and Missouri influenced their interaction with Washington. Meanwhile, Bernhisel often warned Latter-day Saint leaders of the way their sermons and actions were being perceived in Congress. Meanwhile, Bernhisel struggled to explain Mormon anger to the power-brokers in Washington who often saw Brigham Young's belligerence toward the federal government as treason. Bernhisel's letters are filled with frustration and fear over the inability of the two sides to understand each other and the potential for deadly violence. Bernhisel's letters are particularly important during the armed conflict between the Mormons and the federal government in 1857-1858. While both Mormon and nonMormon authors find the Utah War a fascinating topic, few manage to put it into a broader context. Bernhisel's correspondence with the Mormon leadership and Washington political leaders show us two very different sides of the conflict. Bernhisel felt that the Mormons and their adversaries clearly entertained many misconceptions about each other's motives and intentions. His role in bringing the two parties together helped avoid bloodshed and is one of the great untold stories of the American West. CHAPTER II INTRODUCTION On June 24, 1844, while traveling to the city of Carthage, Illinois, Joseph Smith dismounted his horse and wearily declared, "I am going like a lamb to the slaughter, but I am as calm as a summer's morning; I have a conscience void of offense toward God and man, and I am not afraid to die."29 While most students of Latter-day Saint history are familiar with these words, few know to whom the Mormon Prophet was speaking - or why. Smith's statement was directed at Dr. John Milton Bernhisel, a forty-five-year-old New York City physician who had been living in the Smith household for the previous nine months. Bernhisel wrote this letter in response to a request from the Church Historian's Office for his recollection of the events surrounding the murder of Joseph Smith. Bernhisel stated in this letter that Smith was "looking me full in the face" when he made the statement predicting his own death. See John M. Bernhisel to George A. Smith, September 11, 1854, box 1, folder 80, Joseph Smith History Documents, CR 100/396, CHL. Others who were present that day also remembered Smith making similar statements. See Albert G. Fellows Report, November 30, 1854, box 1, folder 81, Joseph Smith History Documents, CR 100/396, CHL. See also Andrew H. Hedges et al., eds., The Joseph Smith Papers. Volume 3: April 1843-May 1844 Volume 3 : April 1843-May 1844 (Salt Lake City: Church Historian's Press, 2015), 306n8. The statement quickly became a standard element in recounting the death of the Mormon Prophet. A few weeks after the murder, an editorial in the Mormon newspaper Times and Seasons reported that Smith had made this statement "to a friend" when he encountered the Illinois militia on the road to Carthage. See "The Murder," July 15, 1844, Times and Seasons (Nauvoo, IL). Church historians in Salt Lake City later incorporated Bernhisel's letter into their official Church history. See Church Historian's Office, History of the Church, June 24, 1844, CR 100/102, CHL. 29 14 During the final weeks of Smith's life, Bernhisel had become increasingly involved in desperate efforts to defuse the conflicts between the Latter-day Saints living in Nauvoo and their angry neighbors. On June 22, 1844, Bernhisel and Apostle John Taylor negotiated an agreement with Illinois Governor Thomas Ford for the Mormon Prophet to answer charges of destroying an opponent's printing press. The agreement called for Smith to appear in the circuit court in Carthage, arrange bail, and then leave town under the protection of the Illinois Militia. Things did not go as planned however.30 Four miles from Carthage, the Illinois Militia arrested Smith and jailed him. This action prompted the Mormon Prophet's melancholy statement spoken directly to Bernhisel and Smith's words proved prophetic. On June 27, 1844, some two hundred vigilantes stormed the jail in Carthage and murdered the Mormon Prophet. Smith's death proved to be only the beginning of the violence however. By the fall of 1846, a vigilante army had driven over ten thousand Latter-day Saints across the Mississippi River where the Mormons died by the hundreds on the plains of Iowa and Nebraska in one of the worst episodes of frontier violence in the nation's history.31 The Mormon Frontier This work is about the rise and fall of Mormon Nationalism as seen through the eyes of Dr. John Milton Bernhisel. Bernhisel was an upper-class Mormon convert who spent some twenty years negotiating between America's political leaders and the angry Latter-day Saints residing on the western frontier. From his unsuccessful attempt to save 30 Hedges et al., The Joseph Smith Papers. Volume 3, 305n5. 31 Bennett, Mormons at the Missouri, 137. 15 the life of Joseph Smith in 1844 to his success in helping negotiate a presidential pardon for Brigham Young in 1858, Bernhisel was in the middle of the Mormon conflict. His struggle to put an end to the cycle of violence that had followed Latter-day Saint attempts to establish an American Zion provides new insights into Mormonism's frontier past. Through Bernhisel's eyes we see the contours of Mormon Nationalism which was the Latter-day Saint response to the social, political, and economic turmoil of the age. Essential to Mormon Nationalism was the creation of an exclusive homeland where the Latter-day Saints could gather and establish an alternative society independent of the government institutions of antebellum America. In this new Mormon homeland, a government based on theopolitical principles would offer justice and order to residents that would be superior to what established governments provided. Meanwhile, a cooperative economic system, based on divine principles, would furnish prosperity while answering the excesses of the market economy. Finally, divine direction would forge the Mormons into a society that would be fit to be caught up into Heaven at world's end. Mormon Nationalism was not a static concept however. Conflicts with existing peoples and polities forced changes to it over time and virtually dismantled it. Mormon Nationalism was at the heart of the violence that the Latter-day Saints experienced in antebellum America. Mormon desires to create a government within a government repeatedly clashed with the practices of existing frontier residents who had created their own alternative institutions in response to the deficiencies of established governments. They operated private militias, used citizen committees to execute justice, and claimed the right to control the social, political, and economic character of the region. Not surprisingly, Mormon attempts to erect a theocracy in the midst of these 16 settlements led to an escalating cycle of violence that repeatedly forced the Latter-day Saints from their homes in search of new land. As the frontier moved west, the Latter-day Saints moved with it. They hoped to find a place, far from competing cultures, where they could proclaim Mormon Nationalism and successfully create an exclusive settlement based on theopolitical principles. When they arrived in the isolation of the Great Basin, they were convinced that they had found the place where they could claim the rights that came with being the original white settlers of the land and establish a Mormon frontier free of interference from other Euroamericans. Much to their anger however the Latter-day Saints soon discovered that they had only exchanged conflicts with frontier settlers for a more serious confrontation with Washington. Mormon leaders were outraged when the federal government insisted that its authority to rule the Great Basin in the national interest superseded any rights that the Latter-day Saints had claimed. For help in negotiating this problematic relationship, Mormon leaders turned to Bernhisel. Bernhisel was particularly well-suited for his role as a negotiator. His background had prepared him to understand the Mormons and their adversaries far better than they ever understood each other. As a delegate to Congress, Bernhisel managed to forestall an armed confrontation between the Latter-day Saints and the federal government on several occasions. Bernhisel could never convince Brigham Young to negotiate the boundaries of Mormon Nationalism with the reality of Washington's power however. Instead, Latterday Saint leaders often unwittingly made the Mormons pawns in the heated political debates of antebellum America. In a nation teetering on the brink of civil war, Mormon demands for autonomy 17 over their lands were disturbingly similar to those of the South except that slavery was not the prime mover. When Washington attempted to station troops in Salt Lake City to rein in Mormon leaders, Brigham Young risked a full-scale war when he attacked the United States Army and demanded its withdrawal. When the federal government refused, Young threatened to burn Utah Territory to ashes, set fire to American cities, halt overland emigration across the continent, instigate Indian uprisings across the West, and carry out deadly guerrilla attacks against United States troops. In response, Washington threatened to dispatch an overwhelming force to destroy the Mormons. The crisis had the potential of becoming a conflict similar to the one that would engulf North and South just three years later. The task of negotiating with Washington fell primarily to Bernhisel. The Civil War produced great generals but few great diplomats. The opposite was true of the conflict between the federal government and the Latter-day Saints. Had it not been for the ability of Bernhisel to speak the languages of two different worlds - one of the Mormon frontier and the other of Washington power - the crisis almost certainly would have spiraled out of control as it had in Illinois. It was largely because of Bernhisel's ability to build a coalition that peace endured in the Great Basin - even as it collapsed almost everywhere else in the country. Meanwhile, the Mormons soon discovered that an enduring peace would come with a price however. United States troops soon became a permanent part of Utah Territory. The presence of the Army forced the Mormons to bend to Washington's demands to abandon their theopolitical ambitions. Federal power gradually eroded Mormon Nationalism until the Latter-day Saints adopted social, political, and economic institutions more closely aligned with mainstream America. Ironically, the Mormons had settled on the frontier in 18 order to create a culture independent of the United States, but the requirements of peace with Washington turned the Latter-day Saints into one of the most typically American of peoples to come out of the West. Organization This work treats the period surrounding the death of Joseph Smith up to the collapse of Mormon relations with Washington as one continuous story. The evolution of the Latter-day Saint conflict on the western frontier falls into three sections of three chapters each that follow the foregoing Historiographic Essay and this Introduction. The first section chronicles Bernhisel's early life and how it prepared him to become the principal negotiator for the Mormons. Chapter III recounts the years before Bernhisel became a Latter-day Saint. During this time, he gained a unique understanding of the western frontier as well as the culture of Washington politics. Chapter IV discusses Bernhisel's emergence as an advisor and negotiator for Mormon leaders during the violence that led to Joseph Smith's murder in Illinois. Chapter V describes Bernhisel's activities during the fall of Nauvoo when he became an advisor to Brigham Young in the search for an isolated location where the Latter-day Saints could become the predominant white settlers, proclaim Mormon Nationalism, and claim the right to rule the land as they desired. The second section describes how conflicts with Washington eroded the initial success of the Mormons in securing the Great Basin as a homeland ruled on theopolitical principles. Chapter VI discusses Bernhisel's activities in Washington as he attempted to secure statehood for Mormon settlements in the Great Basin. During his tenure in Congress, Bernhisel earned the respect of the political elite in Washington - even while 19 Brigham Young's corrosive relationship with federal officials was making his job a near impossibility. Chapter VII describes how the Latter-day Saints established a mutually beneficial relationship with emigrants and merchants while still maintaining the institutions of Mormon Nationalism. It also argues that Mormon anger over Washington's refusal to intervene in their past conflicts with frontier settlers destroyed an opportunity to establish a similarly constructive relationship with the federal government. Chapter VIII narrates how Bernhisel's attempts to create compromises between the federal government and the Latter-day Saints were met with intransigence on the part of Mormon leaders. They were not willing to abandon a theocracy that answered their religious requirements as well as the challenges of the frontier for the ineffective rule of the hated federal authorities. In addition, Bernhisel found that his early success in preventing military intervention in the Great Basin had only emboldened Mormon leaders to become more strident in defying Washington and relying on their theopolitical system of government instead. The final section discusses how the inability of Mormon Nationalism to coexist with federal power led to a military confrontation with Washington. Chapter IX describes how Washington increasingly attempted to dismantle Mormon theopolitical institutions and replace them with federal rule. These actions only made Mormon leaders more determined to rid their settlements of outside influences. Chapter X argues that a defiant manifesto from Latter-day Saint leaders threatening to expel federal officials from the Great Basin convinced Washington to send troops to Utah Territory to reign in the Mormons. In response, Brigham Young vowed to fight to the last rather than allow the Army into Mormon settlements. Chapter XI describes how Bernhisel helped convince 20 James Buchanan to send a delegation to Utah Territory that persuaded Mormon leaders to accept the Army. The military soon became a permanent presence allowing Washington to force the Mormons to merge into mainstream American society over time. "A Riddle Unread" John Bernhisel is a particularly powerful lens through which to see the rise and fall of Mormon Nationalism. Through Bernhisel's eyes we see the Mormon experience as a story of the American West writ large and an integral part of America's frontier past that historians have often neglected. However, telling the story of the Latter-day Saints presents difficult challenges. One historian describes the field of Mormon studies as a hall of mirrors full of contradictions, dead ends, and false reflections.32 The historical characters who knew the most about what happened often leave us with only tantalizing clues. Some of these clues lead to a clearer understanding of events. Others lead to dead ends. Bernhisel was in a position to tell us everything, but at critical times chose to tell us nothing. For some twenty years, Bernhisel was everywhere present in the world of Mormonism and in the world of Washington politics. He lived in the home of Latter-day Saint founder Joseph Smith as a confidant and friend. He was also one of the few people whose judgment Brigham Young trusted. Bernhisel also counted among his acquaintances some of the most powerful political figures in antebellum America including Henry Clay, John C. Calhoun, Sam Houston, Truman Smith, Daniel Webster, Thomas Benton, Stephan A. Douglas, and Abraham Lincoln. 32 Turner, Brigham Young, Pioneer Prophet, viii. 21 The historical record contains many of Bernhisel's discussions with these influential leaders of government and of Mormonism. His communications between these individuals are often candid and revealing. In Congress, he was a person both Northern and Southern politicians considered a friend. Mormon leaders were equally candid with Bernhisel whom they trusted as a believing Latter-day Saint. The writings of church elders to the soft-spoken New York City physician reveal their motives, their intentions, their anger, and their spiritual fire. In his later years, Bernhisel could have written the definitive history of the Latter-day Saints in the antebellum age, but instead chose to write nothing - even when Mormon leaders requested that he furnish them with an autobiography. He left us only with his letters that tell part of the story, but not all we want to know.33 Bernhisel was particularly quiet when it came to telling us about himself. His motives are often unclear and he did not share much of his past with others. Indeed, he was a "riddle unread" who "kept his heart a secret to the end from all the picklocks of biographers."34 Nonetheless, Bernhisel gives us an unparalleled view of the Mormons 33 When Bernhisel died, the author of his obituary complained of the lack of basic background material on his life stating, "We think it a matter of regret that such a distinct individuality as Dr. John M. Bernhisel, should pass from the human stage, leaving scarce a vestige of written record behind." See "The Late Honorable John M. Bernhisel," Deseret Evening News (Salt Lake City), October 26, 1881. Apparently requests by the Church Historian's Office for an autobiography went unanswered. See George A. Smith to John M. Bernhisel, August 31, 1868, box 1, folder 2, CHOLC. See also Gwynn W. Barrett, "Dr. John M. Bernhisel: Mormon Elder in Congress," Utah Historical Quarterly 36 (Spring 1968): 146. Stephen Vincent Benét, John Brown's Body (New York; Toronto: Rinehart and Co., 1954), 189. In this epic poem of the American Civil War, Benét describes Robert E. Lee as "a riddle unread" who kept his innermost feelings to himself. Bernhisel also had an inclination to keep his life's story to himself telling Brigham Young that "it is always 34 22 during their time of great peril. Through his eyes, we see the saga of a frequently misunderstood people who survived their frontier past to become one of the most dynamic religious movements to come out of the West. unpleasant to me to speak of myself or of my acts." See John Bernhisel to Brigham Young, October 11, 1852, box 60, folder 13, BYP. CHAPTER III "MY JOURNEY TO THE WESTWARD" In the spring of 1857, Dr. John Milton Bernhisel arrived in Independence, Missouri. He was on his way to Utah Territory and planned to stay in the city for only a few days. Independence was an important staging area for those heading west. Access to the Santa Fe, California, and Oregon trails lay nearby. Outfitting travelers for the long and difficult journey ahead was a booming business. Beyond Independence lay a vast frontier that was the object of endless fascination for the rest of the country. Those living in the long-settled areas of the East often imagined the West as a wilderness filled with exotic peoples who wore animal skins, calico, and canvas. Bernhisel had been absent from the frontier for nearly two years while representing Utah Territory in Congress. Congress was also an exotic place. Unlike the West however the population consisted mostly of wealthy power-brokers who wore Regency tailcoats, silk shirts, high collars, fitted trousers, and stylish cravats. A reporter from an Independence newspaper interviewed Bernhisel as he was preparing to leave for the West. He found the doctor to be one of the most fascinating visitors to the city. The strange beliefs of the Latter-day Saints and their control of the Great Basin had caused considerable controversy throughout the nation. The reporter described Bernhisel as a "rather good looking old gentlemen, of pleasing address, and seemingly about 65 years of age." The reporter worried however whether someone with 24 Bernhisel's health and advanced age was "equal to the task of being the husband of five wives." The writer also described the fashionable attire that Bernhisel had worn when he first arrived from the East, but noted that since then that he had changed into a prairie outfit that made him look "more like a mountain hunter than a Congressman." The reporter concluded that Bernhisel would soon be back however as "all his finery is deposited here to be resumed upon his return."35 The ability to move back and forth between the refinement of Washington and the rugged conditions on the Mormon frontier was an essential quality for a man in Bernhisel's position. The conflicts between the Latter-day Saints and the federal government had frequently threatened to explode into violence. Bernhisel was one of the few people both sides trusted during Mormonism's turbulent early history. His ability to bridge the gulf between disparate peoples was a talent Bernhisel had cultivated over the course of a lifetime. It came from his capacity to reinvent himself and adapt to different cultures. It made him particularly well qualified to help negotiate an end to the frontier violence that threatened to destroy the Latter-day Saints. His task was a daunting one however because by the spring of 1857, the Mormons had become one of the most feared and hated people on the western frontier. Loysville Bernhisel was born on June 23, 1799, in the small township of Loysville, Perry County, Pennsylvania. His parents christened him John Martin Bernhisel - a name he 35 "Hon. Bernhisel," Liberty Weekly Tribune (Liberty, MO), May 15, 1857. 25 would change later in life.36 He spent his early years attending school, working on the family farm, and hiring out his labor to farmers in the surrounding community.37 Bernhisel led a pleasant childhood growing up in the isolation of Sherman's Valley within the shadows of the Tuscarora Mountains. Bernhisel's adult years would be far less tranquil however. While Loysville was a quiet country township, it stood between the center of urban power in the East and the darkness and danger of the western frontier. Bernhisel soon felt the gravitational pull of both worlds. The Appalachian Mountains stood as a natural barrier between Loysville and the West. Those living across the mountains endured harsh conditions in pursuit of new land in a country that was lush, heavily forested, full of game, but far removed from the socializing institutions of the long-settled East. Not surprisingly, the West produced unique societies as settlers attempted to bring structure and order to their communities.38 There are several variations of the family name, but "Bernhisel" is the most common. It should be noted that Pennsylvania records list his birthplace as Tyrone, Cumberland County. During Bernhisel's life the name changed to Loysville, Perry County. See Carol Constance Younker Boyer, Barnhiser/Bernheisel Family Lines (Denver, CO. (852 Wolff Street, Denver 80204): Max and C.C. Boyer, 2002), 2, 50. 36 David M. Bernhisel, "Dr. John Milton Bernhisel, Utah's First Delegate to the National Congress," The Utah Genealogical and Historical Magazine 3 (October 1912): 173. This article, written by Bernhisel's son David, is based on a variety of sources including documents, personal recollections, interviews, and family lore. It has several inaccuracies however including the statement that Bernhisel's classmates at the University of Pennsylvania included Senator Simon Cameron, reformer Thomas L. Kane, and explorer Elisha Kent Kane. 37 Stephen Aron, "Lessons in Conquest: Towards a Greater Western History," Pacific Historical Review 63 (May 1994): 127-128. I have adopted Aron's definition of both the West and the frontier - terms that are often used interchangeably. Aron argues that the West was "that vast domain stretching from the Appalachians to the Pacific which nineteenth-century Americans referred to as the Great West." Meanwhile, Aron defines the frontier as "lands where separate polities converged and competed, and where distinct cultures collided and occasionally coincided." 38 26 A different kind of barrier stood between Loysville and the social, political, and economic opportunities in the cities of the East. This was an obstacle of wealth, education, and social sophistication. These factors formed a cultural barrier that impeded those from the backcountry from sharing in the power available to the upper-class.39 Not surprisingly, many people from townships such as Loysville did not attempt to traverse either of these boundaries. Bernhisel on the other hand chose to navigate them both. Remarkably, he managed to rise to the top of society in both the great cities of the East as well as on the western frontier. A Gentleman of Respectability After completing his early studies at the local subscription schools, Bernhisel decided to become a physician. In 1818, he moved to Philadelphia where he gained admittance to the University of Pennsylvania - one of America's most prestigious educational institutions.40 The Medical School at the University proved to be a chaotic place however. A few years earlier, competition from other universities had led the Medical School to eliminate the requirement that students demonstrate proficiency in Latin, mathematics, and philosophy to earn a degree. The result was an increase in enrollment and a far more diverse student body. Soon, students from the South and the West descended upon the University. Many were "country boys" whose dress, manners, and speech prompted ridicule from those of privileged birth. Soon brawls became George Washington Corner, Two Centuries of Medicine : A History of the School of Medicine, University of Pennsylvania (Philadelphia: Lippincott, 1965), 60-61. 39 H. H. Hain, History of Perry County, Pennsylvania : Including Descriptions of Indians and Pioneer Life from the Time of Earliest Settlement, Sketches of Its Noted Men and Women and Many Professional Men (Harrisburg, PA: Hain-Moore Co., 1922), 732. 40 27 common with the new medical students, especially those from wealthy Virginia plantation families.41 Bernhisel avoided these conflicts however. He chose instead to find ways to adapt to the culture of the well-born students and faculty at the school. Bernhisel had been a common country teenager when he entered the University of Pennsylvania, but he emerged from it with a reputation as a gentleman of refinement and respectability. He took advantage of a distinctly American tradition that did not restrict social, economic, and political power to the well-born. In the America of Bernhisel's youth, genteel authority was something that could be acquired. Even those from the backcountry could achieve upward mobility through the acquisition of wealth, education, polished manners, and patronage.42 Bernhisel followed these steps in elevating his position in society. Wealth was an indispensable part of the world of gentility and Bernhisel had been born into advantageous financial circumstances. His grandfather Martin had acquired valuable land holdings that he had left to his family upon his death. The wealth Bernhisel later inherited was modest but it provided him with the means to gain an education at the 41 Corner, Two Centuries of Medicine, 61, 73-74. Alan Taylor, William Cooper's Town: Power and Persuasion on the Frontier of the Early American Republic (New York: Alfred A. Knopf, 1995), 14. Taylor argues that while Americans of this time had rejected an inherited aristocracy, most felt that "social, political, and cultural authority should be united in an order of gentlemen." He then argues that in the absence of a legally established social order, public acceptance was the key to genteel power. Taylor states, "By giving or withholding deference, the public played a key role in defining who enjoyed genteel prestige. An American was a gentleman only if other people, common as well as genteel, publicly conceded that he had crossed - by breeding, education, and acquisition - that critical but subtle line separating the genteel few from the common many." The key to being hailed as a gentleman was to acquire wealth, education, polished manners, and genteel patronage, Taylor concludes. See also Richard L. Bushman, The Refinement of America : Persons, Houses, Cities (New York: Alfred A. Knopf : Distributed by Random House, 1992), xv-xvi. 42 28 University - an essential ingredient of gentility.43 It also gave him the opportunity to associate with its many well-born and well-bred faculty members and students. This allowed him to learn the ways of social sophistication that were the hallmarks of a gentleman. Soon Bernhisel's dress, manners, and speech heralded him as a member of the genteel class - a distinction that he would carry with him for a lifetime.44 During this period, he changed his name from "John Martin Bernhisel" to "John Milton Bernhisel" - suggesting perhaps that well-bred parents had named him after the English Enlightenment writer John Milton.45 Bernhisel then took his most important step in becoming a gentleman by acquiring a powerful patron. Bernhisel became a student of the renowned physician Dr. Philip Syng Physick, the "Father of American Surgery." Physick had earned the reputation of being one of the foremost leaders of the medical profession in America. He was personally acquainted 43 Barrett, "John M. Bernhisel, Mormon Elder in Congress," 9-10. 44 On the floor of the Senate, Senator Truman Smith, one of the most powerful politicians in the country, referred to Bernhisel as "a gentleman of respectability and intelligence, and worthy of all confidence." See "Appendix to the Congressional Globe - Senate", July 8, 1850, Cong. Globe, 31st Cong., 1st Sess. 1182 (1850). During the same period a Washington newspaper described Bernhisel as "one of the most learned and accomplished gentlemen to be found in any city in America. He dresses genteelly, uses the language, manners, and politeness of the first class of our citizens." See "Dr. Bernhisel," Deseret News (Salt Lake City), February 22, 1851. Many people who met Bernhisel throughout his life made similar statements. Early Pennsylvania records list Bernhisel's middle name as "Martin," but a University of Pennsylvania book of graduates lists his middle name as "Milton." See W. J. Maxwell, General Alumni Catalogue of the University of Pennsylvania, 1917 (Philadelphia: The University of Pennsylvania Alumni Association, 1917), 591. See also Barrett, "John M. Bernhisel, Mormon Elder in Congress," 1. Apparently, Bernhisel felt a special connection to English Enlightenment writer John Milton. As a Mormon, Bernhisel performed posthumous sacred ordinances on his behalf. See Temple Record Book of John M. Bernhisel, 50, FHL US/CAN Film 595, FHL. 45 29 with some of the nation's most prominent individuals including James Madison, Andrew Jackson, Benjamin Rush, and John Marshall.46 Bernhisel commenced his medical education by attending Dr. Physick's lectures on surgery in November 1818.47 Physick was so impressed with Bernhisel that he wrote letters of introduction for him and promoted his career. The influence of Dr. Physick proved to be invaluable to Bernhisel. It allowed him to attract prestigious patients and rise in society.48 After completing the first two years of study, Bernhisel interrupted his education to set up a private medical practice - a common occurrence at the time.49 He decided not to stay in Philadelphia however. He was an adventurous individual who longed to explore the frontier that lay west of the Appalachian Mountains. In the fall of 1820, Bernhisel headed for what nineteenth-century Americans called "the land of the western waters."50 For the next five years he experienced the forces that were shaping the Mormon religion that he would one day join, as well as the world of politics that he would soon enter. It Corner, Two Centuries of Medicine, 52-53. See also Ludwig M. Deppisch, "Andrew Jackson and American Medical Practice: Old Hickory and his Physicians," Tennessee Historical Quarterly 62 (Summer 2003): 139-140. One newspaper stated, "We need not say that Dr. Physick is at the head of the medical profession in the United States, and has contributed largely to its reputation abroad; that, is the judgment of impartial men." See "Dr. Physick," Daily National Intelligencer (Washington, DC), June 9, 1820. 46 47 Barrett, "John M. Bernhisel, Mormon Elder in Congress," 231. 48 Maria Austin to Stephen F. Austin, June 8, 1821 in Eugene Campbell Barker, ed., Annual Report of the American Historical Association for the Year 1919. In Two Volumes. Vol. II. The Austin Papers. Part 1 (Washington, DC: Government Printing Office, 1921), 394. In this letter to her son Stephen F. Austin, Maria Austin explains that she called on Dr. Bernhisel to treat her husband because he had studied with Dr. Physic and was highly recommended by him. 49 See Corner, Two Centuries of Medicine, 58. 50 Rohrbough, Trans-Appalachian Frontier, 3. 30 was the great adventure of his youth. Into the West By the end of the eighteenth century, only a small stream of settlers had ventured outside the communities east of the Appalachian Mountains. By 1820 however a torrent of emigrants had flooded the West. As late as 1795, the population of trans-Appalachia stood at only 150,000. By 1810 however it had swelled to over 1,000,000. Ten years later, it doubled to 2,000,000, accounting for some twenty-five percent of the total population of the country.51 The expansion of Euroamerican society into trans-Appalachia had been uneven. While land-hungry farmers had emigrated in large numbers, the socializing influences of church and state had lagged behind. This left frontier settlers with the task of creating infrastructure and social order largely on their own. Not surprisingly, Bernhisel's writings from the West speak of new societies emerging from the settlers' confrontation with the land and the collision of cultures fighting for space.52 Out of the West came Jacksonian Democracy, Clay's American System, the Methodist itinerant preacher - and Joseph Smith's Latter-day Saints. On November 1, 1820, Bernhisel returned to Loysville to prepare for what he called "my journey to the westward."53 After visiting his family and friends for two 51 Rohrbough, Trans-Appalachian Frontier, 113, 225. 52 Rohrbough, Trans-Appalachian Frontier, 3-6. John Bernhisel to "My Dear Sir," December 1, 1825, 3, John M. Bernhisel Papers, MSS SC 331, LTPSC. This is an eighteen-page letter written to an unnamed friend in which Bernhisel details his "wanderings and sojournings in the west and south west." 53 31 weeks, Bernhisel set off across the Appalachian Mountains. For some five years, Bernhisel traveled by horseback, stagecoach, and riverboat through eleven states where he explored the dynamic environment of the West. Bernhisel enjoyed being a stranger in a strange land and wrote to his friends narrating his exploration in vivid detail. During Bernhisel's travels, he saw the conditions that would give rise to Mormon Nationalism and its goal of establishing a homeland in the West with a distinct form of government. He would also see the frontier dynamics that would create conflicts between the Latter-day Saints and their neighbors in later years. His letters, written long before his association with Mormonism, provide a unique insight into the turmoil of the age and the effect it would have on the shaping of Mormon society. Coincidentally, Bernhisel's travels began with a visit to the church where one of Mormonism's earliest leaders was just beginning a tragic religious journey. At the end of November 1820, Bernhisel arrived at the location where the Monongahela and Alleghany rivers meet and "where the beautiful Ohio begins its course to the Mississippi."54 Pittsburgh's location near rich coalfields and the Ohio River had helped transform it into one of the fastest growing cities in the country with a population of some 7,000 inhabitants.55 Bernhisel wrote of the rising affluence of Pittsburgh and described the libraries, schools, market houses, banks, and factories that had emerged from the once small frontier outpost. He climbed the hills overlooking the city and Over the course of five years, Bernhisel visited Western Pennsylvania, Ohio, Indiana, Illinois, Missouri, Kentucky, Tennessee, Louisiana, Arkansas, Mississippi, and Alabama. John Bernhisel to "My Dear Sir," December 1, 1825, 1, John M. Bernhisel Papers, MSS SC 331, LTPSC. 54 55 Sellers, The Market Revolution, 132. 32 described it for his friends. "From all the elevated points around it we are presented with beautiful views," Bernhisel wrote. "Green lawn - precipitous bare rocks - deep flats - cultivated fields - neat cottages - with the city itself all dark, dimly discovered through the wreaths of its smoke."56 The industrialization of Pittsburgh had proved to be a mixed blessing for its residents. On the one hand it had produced prosperity. On the other hand, the market economy had created an atmosphere of uncertainty in people's lives. Where once residents had found independence in their tradecraft or subsistence farming, now they were becoming dependent on the marketplace. Not surprisingly, residents soon turned to religion for answers.57 Bernhisel noted that there were eleven places of worship in Pittsburgh.58 One of these churches housed a Baptist congregation where Alexander Campbell was beginning to win converts to his Restoration Movement. Campbell promoted the ideals of social progress and biblical rationalism to combat the anxieties of the age. His message proved popular with those trying to cope with the dependencies and despondencies of life in the market economy.59 Meanwhile, at this same Baptist church, a man who would become one of Campbell's most effective preachers was preparing for the ministry. Sidney Rigdon was a brilliant but melancholy man who would be responsible for John Bernhisel to "My Dear Sir," December 1, 1825, 1-2, John M. Bernhisel Papers, MSS SC 331, LTPSC. 56 57 Howe, What Hath God Wrought, 446. John Bernhisel to "My Dear Sir," December 1, 1825, 2, John M. Bernhisel Papers, MSS SC 331, LTPSC. 58 59 Howe, What Hath God Wrought, 446-447. 33 hundreds of Restorationist converts. He would soon leave the Campbellites however and become one of the leaders of the Mormons who were beginning to emerge from the frontier of western New York.60 Like the Campbellites, the Mormons sought to respond to the social, economic, and political turmoil of the age. Unlike the Campbellites however the Mormons did not rely on biblical rationalism. They preferred instead to attempt direct communication with God and Angels. In addition, where the Campbellites had concerned themselves with teaching adherents to cope with the anxieties of the age, Smith offered converts a chance to escape them altogether.61 Much of Joseph Smith's appeal was his emphasis on creating an alternative to America's social, political, and economic institutions. Together with Sidney Rigdon, Smith proposed the concept of Mormon Nationalism. This included carving out an exclusive homeland on the western frontier and ruling it on theopolitical principles patterned after the Old Testament account of Enoch and the city of Zion. This new American Zion would honor constitutional ideals while correcting the evils and corruption of modern society. Not surprisingly, the Mormon Prophet drew many followers discouraged with the inequities of the antebellum age. Nonetheless, he soon sparked considerable controversy with other peoples who feared the encroachment of the 60 Richard S. Van Wagoner, Sidney Rigdon: A Portrait of Religious Excess, First Edition. (Salt Lake City: Signature Books, 1994), 26-27. Van Wagoner discusses Campbell's relationship with Rigdon and the beginning of Rigdon's career in Pittsburgh. 61 For a comparison of Joseph Smith and Alexander Campbell on the subject of biblical rationalism see RoseAnn Benson, "Alexander Campbell: Another Restorationist," Journal of Mormon History 41 (October 2015): 3. For a comparison of Alexander Campbell and Joseph Smith on the subject of market reforms see Richard L Bushman, Joseph Smith : Rough Stone Rolling (New York: Alfred A. Knopf, 2005), 149, 155. 34 Mormons into their frontier lands.62 These conflicts emerged in Joseph Smith's first settlement in Ohio. After spending a short time in Pittsburgh, Bernhisel traveled to Ohio and visited the Western Reserve where Mormon Nationalism would first make its appearance a few years later. Bernhisel marveled at the growth of the state writing that it had "improved with a rapidity unprecedented in the annals of America."63 The Ohio valley had long been a place where Euroamericans and native peoples had fought for space. By 1795 however American troops had compelled the Indians to accept terms of surrender requiring them to yield their lands.64 Like most whites of his time however Bernhisel saw only progress. He touted the astonishing growth of Ohio saying: Forests have been felled, towns reared, and golden harvests are now waving before the passing breeze, where but a few years since, the Aborigines danced the war-dance, raised the savage yell, and pursued unmolested the deer and buffalo with which the country then abounded.65 With most of Ohio secured from Indian attack, new emigrants poured into the state to take advantage of the rich farmland of the region. This was not a pell-mell migration however but one that was carefully planned. New residents were typically farmers from the Atlantic states who had organized emigration companies complete with Mark Ashurst-McGee, "Zion Rising: Joseph Smith's Early Social and Political Thought" (PhD Diss., Arizona State University, 2008), 201-206. 62 John Bernhisel to "My Dear Sir," December 1, 1825, 3, John M. Bernhisel Papers, MSS SC 331, LTPSC. 63 64 R. Douglas Hurt, The Ohio Frontier: Crucible of the Old Northwest, 1720-1830 (Bloomington: Indiana University Press, 1996), 141-142. John Bernhisel to "My Dear Sir," December 1, 1825, 3-4, John M. Bernhisel Papers, MSS SC 331, LTPSC. 65 35 political officers and religious leaders to provide social order. They were intent on replicating their former culture in their new home. They claimed large tracts of lands and established themselves as the dominant social, political, and economic force in the region. Consequently, they often resisted groups like the Mormons when they attempted to establish competing cultures in their midst.66 Bernhisel set up his first medical practice in one of these transplanted communities in the southwest corner of the state in the township of Trenton.67 Trenton was a small community situated on the west bank of the Great Miami River. It encompassed some twenty-five homes, a Baptist meeting house, and nearly a hundred residents. The founders of Trenton had all emigrated together from the East and had built the infrastructure of the township while practicing subsistence farming in order to survive. When they became sufficiently established, they began the transition to commercial agriculture and shipped their surplus crops to the hungry industrial center of Cincinnati that was just thirty miles to the south via the Miami and Ohio rivers. When Bernhisel was not tending to his patients in the township, he visited Cincinnati and found it to be a vastly different place than Trenton.68 Rohrbough, Trans-Appalachian Frontier, 202-204. See also "Mormonism," Painesville Telegraph (Painesville, OH), March 13, 1832. The article states, "We hear frequent enquiries respecting the progress of this strange delusion and imposition." It goes on to report with some relief that the Mormons had turned their attention to Missouri and would hopefully leave the area soon. 66 John Bernhisel to "My Dear Sir," December 1, 1825, 3-4, John M. Bernhisel Papers, MSS SC 331, LTPSC. See also Hurt, The Ohio Frontier, 141-142. Hurt argues that the Greenville Treaty was essentially a "perverse form of preemption by whites on Indian lands." Hurt, The Ohio Frontier, 211. 67 John Bernhisel to "My Dear Sir," December 1, 1825, 3-4, John M. Bernhisel Papers, MSS SC 331, LTPSC. Compare with Western Biographical Publishing Company, A History and Biographical Cyclopaedia of Butler County, Ohio, with Illustrations and 68 36 Cincinnati was a burgeoning and prosperous urban center. In just ten years, the population had nearly quadrupled from about 2,500 in 1810 to over 9,000 in 1820. Bernhisel described its steam-powered sawmills, glass making establishments, cotton and wool factories, iron and lead foundries, and sugar refineries. Cincinnati had a rising middle class and Bernhisel noted the presence of theaters, museums, libraries, a literary society, a college, and public schools. The material progress of Ohio had required capital to sustain it however. Bernhisel described how the "hot bed of the banking system" had fueled rapid industrial expansion. He lamented that the "demon of speculation" had inflated the economy and "bloated it with an astonishing and unnatural growth." The collapse of the economy in cities like Cincinnati quickly created instability throughout the state. The result was that much of Ohio's wealth evaporated during the financial panic of 1819.69 Not surprisingly, the instability of the market economy generated increased interest in social experiments in Ohio. Utopian societies sought to insulate their members from poverty and financial uncertainty. Sidney Rigdon, the melancholy preacher from Pittsburgh, promoted such a communal society in the Western Reserve of Ohio. The experiment soon attracted the interest of Joseph Smith who wished to incorporate communalism into his concept of Mormon Nationalism. Smith moved his adherents to Kirtland from western New York in 1831 and absorbed Rigdon and many of his Sketches of Its Representative Men and Pioneers. (Cincinnati: Western Biographical Pub. Co., 1882), 595-596. John Bernhisel to "My Dear Sir," December 1, 1825, 4-5, John M. Bernhisel Papers, MSS SC 331, LTPSC. For a discussion of the 1819 financial collapse see Sellers, The Market Revolution, 132-136. 69 37 followers into his newly founded faith. Before long however the newly arriving Mormons came into conflict with the existing residents who had set up carefully planned townships like Trenton where Bernhisel had established his first medical practice. Soon opposition to the rapidly expanding Mormon population in Ohio began to appear. This included opposition to their unique economic institutions. Smith's attempts to integrate the economic system of Mormon Nationalism into the existing framework of Ohio financial institutions soon led to disaster. Kirtland became a victim of the very economic excesses that its settlers had sought to escape and suffered a spectacular financial collapse.70 The experience shocked Mormon leaders who were just beginning to discover the problems associated with operating their American Zion within the existing government institutions of the frontier.71 Before long, the Mormons found themselves trapped in an intractable dilemma. On the one hand they needed to engage existing social, economic, and political institutions. On the other hand, these institutions were notoriously ineffective on the frontier - something that Bernhisel would discover when he visited the furthest reaches of the trans-Appalachian West. After spending less than a year in Trenton, Bernhisel resumed his travels. He briefly visited Indiana and then crossed the Wabash River into Illinois. The "immense prairies" impressed Bernhisel and he noted that while in their midst "you readily fancy yourself at sea, for the eye may travel in almost any direction, without meeting any object Van Wagoner, Sidney Rigdon, 49-51. See also Bushman, Joseph Smith : Rough Stone Rolling, 332. 70 71 Ashurst-McGee, "Zion Rising," 278-279. 38 but the blue sky & green grass."72 While the vast prairies were picturesque, they also made cultivation a difficult task. Wood was scarce and the land resisted drainage, clearing, and plowing. The prairies also served as a fitting metaphor for the isolation of the state. In Illinois, settlers were not only separated from the familiar institutions of government but from those of religion as well.73 One contemporary resident of Illinois lamented that unlike Ohio, there were only a few churches in the state operated by "nice, well-dressed men from college." For most settlers in frontier Illinois, religious influence came primarily from itinerant preachers who "traversed the wilderness, slept in the open air, swam rivers, [and] suffered cold and hunger" to bring settlers to Christ.74 Traveling preachers could not substitute for professional ministers when it came to bringing structure and order to society however. Combined with the weakness of the institutions of government, this left frontier Illinois settlers morally and politically to their darkest impulses. Bernhisel commented on the lack of the socializing influence of church and state in Illinois saying, "This is still a new country over which the hand of refinement and civilization has scattered few blessings."75 The inadequacies of these stabilizing John Bernhisel to "My Dear Sir," December 1, 1825, 6, John M. Bernhisel Papers, MSS SC 331, LTPSC. 72 73 Rohrbough, Trans-Appalachian Frontier, 460. 74 Thomas Ford and James Shields, A History of Illinois, from Its Commencement as a State in 1818 to 1847 (Chicago: Ivison & Phinney, 1854), 92. See also Joyce Oldham Appleby, Inheriting the Revolution: The First Generation of Americans (Cambridge, MA.: Belknap Press, 2000), 198-199. See also Rohrbough, Trans-Appalachian Frontier, 460-464. John Bernhisel to "My Dear Sir," December 1, 1825, 7, John M. Bernhisel Papers, MSS SC 331, LTPSC. 75 39 institutions led frontier settlers to establish their own forms of law and order. Vigilante organizations used collective violence to decide conflicts and resorted to brutality to punish criminals. Under these conditions, frontier settlers often claimed rights not articulated in law. Those who first settled in frontier areas frequently banded together to deter anyone who challenged their control of the land. They often employed violence against land agents and land speculators to enforce these claimed rights.76 Not surprisingly, settlers would one day turn their violence against the Latter-day Saints when they attempted establish a homeland ruled on theopolitical principles in the midst of these existing settlements. The Mormons would appeal to established governments only to find that the ad hoc nature of law enforcement in Illinois proved poorly suited to guaranteeing constitutional rights. Frontier settlers felt that defending those with unpopular opinions or projects was a luxury they could not afford - not a legal obligation they needed to perform.77 Meanwhile, the federal government also refused requests to intervene in local disputes fearing that it would prove disruptive to the uneasy alliance between the North and South - a problem that Bernhisel would soon come to understand as he continued his travels into the slaveholding regions of trans-Appalachia. Having explored much of the Old Northwest, Bernhisel traveled to St. Louis. He marveled at the international flavor of the city, saying with only mild exaggeration that "within its bosom the traveler sees natives from every quarter of the Globe, of every 76 77 Rohrbough, Trans-Appalachian Frontier, 462. Rohrbough, Trans-Appalachian Frontier, 460-464. See also Ford and Shields, A History of Illinois, 250-251. 40 shade and color, from the African black to the Castilian fair, and hears almost every living language spoken."78 The cultural confluence of the area played an important role in shaping the societies that emerged from the region - but the greatest influence was the practice of slavery. Congress had admitted Missouri to the Union as a slave state in 1820. Like other slave societies, Missourians lived in fear of a violent slave revolt. Military patrols regulated the movements of slaves and free blacks. They meted out harsh punishments at any sign of rebellion. Missourians were particularly fearful of anyone suspected of organizing a slave uprising. Not surprisingly, vigilantes visited harsh reprisals on abolitionists or people suspected of harboring such tendencies - a problem that the Mormons would experience when they moved to the state ten years later.79 The majority of Mormon settlers in Missouri were northerners who had not lived in slave societies and tended to stay aloof from their neighbors. As the Mormon population grew, the anxiety of their neighbors grew with it. They feared that Mormon plans to create a homeland ruled on theopolitical principles in their midst would soon "render our situation here insupportable." They felt the rising population of Mormons would inevitably result in a complete takeover of "this young and beautiful county." Therefore, they violently resisted Mormon purchase of land in the same way they resisted John Bernhisel to "My Dear Sir," December 1, 1825, 7-8, John M. Bernhisel Papers, MSS SC 331, LTPSC. 78 John Bernhisel to "My Dear Sir," December 1, 1825, 7, John M. Bernhisel Papers, MSS SC 331, LTPSC. See also Ira Berlin, Many Thousands Gone: The First Two Centuries of Slavery in North America (Cambridge, MA: Belknap Press of Harvard Univ. Press, 1998), 96. See also Rohrbough, Trans-Appalachian Frontier, 126-127. See also Howe, What Hath God Wrought, 432-435. 79 41 the actions of land agents and land speculators. Since the threat that the Mormons posed was "unprovided for by the law, and the delays incident to legislation should put the evil beyond remedy" the existing settlers felt justified in driving the Mormons from the area on their own authority.80 Not surprisingly, the Mormons were soon taking the law into their own hands in response. This led to a rising tide of violence in which the Mormons became both the instigators as well as the victims of vigilantism.81 Bernhisel would one day find himself in the middle of negotiations to put an end to this escalating cycle of violence. Surprisingly, his travels would provide him with the tools for this future role. Bernhisel's journey to the westward not only gave him insights into frontier culture but also into the intricacies of antebellum politics. This would prepare him for his future as a negotiator between the Mormons, their angry neighbors, and established governments. During his travels, Bernhisel associated with new money merchants and old money privilege. He met with western politicians, leaders of academia, and even a fellow adventurer who was a member of the German Royal family.82 The reach of the 80 "Mormonism," The Western Monitor (Fayette, MO), August 2, 1833. Alexander L. Baugh, "A Call to Arms: The 1838 Mormon Defense of Northern Missouri" (Joseph Fielding Smith Institute for Latter-day Saint History : BYU Studies, 2000), 12-13. See also Stephen C. LeSueur, The 1838 Mormon War in Missouri (Columbia; London: University of Missouri Press, 1990), 131. 81 John Bernhisel to "My Dear Sir," December 1, 1825, 13-14, John M. Bernhisel Papers, MSS SC 331, LTPSC. Bernhisel met Prince Paul Wilhelm while travelling on the steamship Cincinnati. Bernhisel not only socialized with Prince Paul on board the ship but on the shore while waiting to be rescued after the Cincinnati sank. For a passenger list of the Cincinnati and an account of its sinking see "Extract of a letter from R. P. Guyard," Missouri Republican (St. Louis), November 19, 1823. For Prince Paul's account of the voyage see Paul Wilhelm, Travels in North America, 1822-1824. (Norman: University of Oklahoma Press, 1973), 407-408. 82 42 reputation of Dr. Physick had paved the way for Bernhisel's social and political acceptance in the West and helped the young physician attract prominent patients - including the family of the founder of the Republic of Texas. In the summer of 1821, Bernhisel established a medical practice in the Mississippi River township of Herculaneum, Missouri.83 Its leading resident was Moses Austin. Austin had helped settle Herculaneum in 1808 to serve as a shipping point for his mining operations in Potosi - some thirty miles inland. The financial panic of 1819 had left him deeply in debt however. He was trying to rebuild his family fortune with a plan to colonize Texas. In the spring of 1821, he learned that the Spanish government had granted him a land charter and quickly threw himself into the work of planning a new frontier settlement.84 Austin came down with pneumonia however - and by June he was seriously ill.85 Austin's wife Maria summoned Dr. Bernhisel to treat her husband. She described the twenty-two-year-old physician in a letter to her son Stephen F. Austin saying, Bernhisel "is lately from Philadelphia, studied with Dr. Physic and is well recommend by him and the board - his youth and inexperience is the only objection I have against him." Bernhisel discovered that Moses Austin was suffering from "a violent inflammation of John Bernhisel to "My Dear Sir," December 1, 1825, 8, John M. Bernhisel Papers, MSS SC 331, LTPSC. 83 W. R. Fossey, "Toward the Vision of Austina: The Life of Moses Austin," East Texas Historical Journal 16:2 (1978): 7-15. See also Charles A. Bacarisse, "Why Moses Austin Came to Texas," The Southwestern Social Science Quarterly 40 (June 1959): 16-17. 84 W. R. Fossey, "Toward the Vision of Austina: The Life of Moses Austin," East Texas Historical Journal 16:2 (1978): 3. See also Charles A. Bacarisse, "Why Moses Austin Came to Texas," The Southwestern Social Science Quarterly 40 (June 1959): 22-23. 85 43 the lungs." He died on June 10, 1821. His death resulted in one of the most significant letters in Texas history. After describing Bernhisel's attempts to save her husband, Maria told her son of his father's last hours. "He begged me to tell you to take his place," Maria wrote concerning the founding of Texas. "Tell dear Stephen that it is his dyeing father's last request to prosecute the enterprise he had commenced."86 Stephen honored his late father's wishes and became the founder of Texas.87 It would not be the last time Bernhisel would have an encounter with Stephen F. Austin's independent republic. In the future, he would help evaluate Texas as a possible location for the Mormons to create an American Zion independent of all nations.88 Meanwhile, Bernhisel's association with the family of Stephen F. Austin proved to be just one example of his entrance into the world of social and political power in the West. As his reputation grew, his circle of important friends and acquaintances grew with it. He soon became acquainted with some of the most prominent individuals of the age including the two men who would dominate the politics of the nation for the next quarter of a century - Henry Clay and Andrew Jackson. 86 Maria Austin to Stephen F. Austin, June 8, 1821 in Barker, Austin Papers Vol. II Part 1, 394-395. Maria Austin to Stephen F. Austin, August 25, 1821 in Barker, Austin Papers Vol. II Part 1, 408-409. The estate of Moses Austin paid Bernhisel's invoice on October 6, 1821. The total came to $31.50. See "Doctor's Bill for Attending Moses Austin," Series I: Jan-Oct 1812 box 2A148, Austin Papers, BRISCOE. W. R. Fossey, "Toward the Vision of Austina: The Life of Moses Austin," East Texas Historical Journal 16:2 (1978): 3. See also Charles A. Bacarisse, "Why Moses Austin Came to Texas," The Southwestern Social Science Quarterly 40 (June 1959): 23. 87 88 See entry of March 11, 1844 in Matthew J. Grow et al., eds., The Joseph Smith Papers, Administrative Records: Council of Fifty, Minutes, March 1844-January 1846 (Salt Lake City: Church Historian's Press, 2016), 40-45. 44 The political landscape of America underwent a seismic shift during the 1820s. The financial panic of 1819 had brought reform-seeking farmers, the urban working class, and business owners to the polls - many of them for the first time. They wished to elect a new government that would bring an end to the economic crisis. The result was a leveling of the electorate. It soon produced two new political traditions that would fight for power and court popular support. Andrew Jackson and Henry Clay, both towering figures of the trans-Appalachian West, would soon arise as the leaders of two new national parties. In the Presidential election of 1824 however they were both vying for the nomination of the Democratic-Republican Party.89 In Nashville, Tennessee, Bernhisel met Andrew Jackson. Bernhisel sent his description of the "justly celebrated and immortal" General to the Pennsylvania newspapers along with his evaluation of Jackson's prospects for election.90 Jackson had been the beneficiary of the popular discontent with those of privileged birth who the public blamed for the severe economic downturn. Jackson put himself forward as the representative of the common people of the country. Jackson's claim to be the champion of the downtrodden did not apply to everyone apparently. While Jackson opposed secession and nullification, he strongly supported states' rights along with strict limits on federal power. Jackson would become the first in a long line of Washington politicians to cite this doctrine in turning away the petitions of the Latter-day Saints when they pleaded John Bernhisel to "My Dear Sir," December 1, 1825, 9-10, John M. Bernhisel Papers, MSS SC 331, LTPSC. See also Michael F. Holt, The Rise and Fall of the American Whig Party: Jacksonian Politics and the Onset of the Civil War (New York; Oxford: Oxford University Press, 2003), 5-7. 89 John Bernhisel to "My Dear Sir," December 1, 1825, 9-10, John M. Bernhisel Papers, MSS SC 331, LTPSC. 90 45 for federal intervention into their conflicts with Missouri and Illinois.91 Meanwhile, in Woodford County, Kentucky, an influential friend introduced Bernhisel to Henry Clay. While Bernhisel had lauded Jackson's military career, he reserved his political praise for "The Great Compromiser." Bernhisel described Clay enthusiastically calling him "that wise and virtuous Statesman, that eloquent and accomplished Orator, that ardent and magnanimous Patriot." Bernhisel also described Clay as a "firm and consistent republican" who supported "agriculture and domestic manufactures," as well as "roads and navigation." Bernhisel was particularly impressed that Clay had been "the first individual in Christendom, who officially contended for the justice of recognizing South American Independence."92 Bernhisel would meet Clay again in the halls of Congress and count him among the allies of the Latter-day Saints. Other members of the Whig Party would support the Mormon cause as well. Nonetheless, Bernhisel would soon learn the wisdom of not engaging in the stormy political battles of the day. This policy would allow him to gain the trust of Democrats as well as Whigs. Bernhisel's ability to navigate between diverse political cultures, which he first cultivated in the West, would serve him well in his future career representing the Mormons in Congress. During the final years of his travels, Bernhisel visited several cities in the Old 91 Sellers, The Market Revolution, 200-201. Jackson personally turned away Mormon petitions for intervention in their expulsion from Jackson County, Missouri. See Lewis Cass to A. S. Gilbert, et al., May 2, 1834, series 9, carton 21, folder 11, Dale Morgan Papers, MSS 71/161 c, BANCROFT. John Bernhisel to "My Dear Sir," December 1, 1825, 11-12, John M. Bernhisel Papers, MSS SC 331, LTPSC. Compare with Holt, The Rise and Fall of the American Whig Party, 2-3. 92 46 Southwest. By 1824, Bernhisel's journey had taken him into Louisiana. After a short stay in St. Francisville, Bernhisel wrote that he "purchased a horse and set out for Alabama through an almost entire wilderness of several hundred miles." He arrived on December 19, 1824 in Sparta, a new frontier township located in Conecuh County, Alabama. Bernhisel wrote to his friends saying, "This is a populous and opulent country though six years have scarcely elapsed since its first settlement." Bernhisel described how the rich dark soil and warm climate had made Alabama "admirably adapted to the cultivation of cotton, rice, and corn." He then noted that the surrounding country had a population of over seven thousand individuals "nearly one half of whom are slaves."93 Industrialization had fueled the demand for cloth from England's textile mills. The deep Southwest was one of the few places in the world with the right combination of climate and soil to grow short-staple cotton. The addition of a mechanized method of cleaning newly picked cotton bolls made it a tremendously valuable cash crop. Growing cotton was a labor-intensive activity however and African slavery had led to enormous profits. This concentration of wealth in the hands of powerful plantations owners raised the stakes in the conflict over the practice of slavery.94 A heated controversy soon arose over the limits of federal power - with the Mormons unwittingly being drawn into the vortex. Once again, Bernhisel was getting a taste of his future. As a member of Congress, he would build a coalition of supporters from both the North and the South to bring peace to the Mormons - even as many of them were preparing to fight each other in a war John Bernhisel to "My Dear Sir," December 1, 1825, 16-17, John M. Bernhisel Papers, MSS SC 331, LTPSC. 93 94 Howe, What Hath God Wrought, 128. 47 between the states. St. John's Park After spending over five years living and traveling through the trans-Appalachian West, Bernhisel returned to Philadelphia.95 He resumed his studies at the University of Pennsylvania in 1826, finished his classwork, and wrote his dissertation on the topic of apoplexy. He passed his exams and completed his Doctorate on May 24, 1827.96 Bernhisel then relocated to New York City. By 1828, he had set up a medical practice in Lower Manhattan where he spent the majority of the next fifteen years in an exclusive community at 176 Hudson Street.97 Bernhisel lived a quiet life in Manhattan surrounded by genteel society. His neighbors included members of New York's "first families." The neighborhood contained elegant Federal-style townhouses that surrounded St. John's Park. The privately owned square covered an entire city block and was professionally landscaped. "Letters," Aurora and Franklin Gazette (Philadelphia), July 18, 1826. Bernhisel's name appears on a list of letters waiting at the post office suggesting his return to Philadelphia. 95 96 Barrett, "John M. Bernhisel, Mormon Elder in Congress," 15-16. Bernhisel's name appears on a petition dated February 2, 1828 to the New York State Legislature, suggesting that he may have gone directly to New York City after graduating from medical school in 1827. See David Hosack et al., Documents in the Matter of an Application to the Honourable the Legislature of the State of New-York, for a Charter for Manhattan College. (New York City: J. Seymour, 1829), 3-4. See also Thomas Longworth, Longworth's American Almanac, New York Register, and City Directory, for the Fifty-Third Year of American Independence (New York: Thomas Longworth, 1828), 121. The directory lists Bernhisel's address as 194 Hudson. The directories for 1829 through 1843 also list him living in New York City. He moved to 63 Hudson in 1830. He lived at 401 Greenwich from 1831 through 1833. He lived at 12 Walker in 1834. He lived at 24 Walker in 1835. He spent the rest of his time in New York City at 176 Hudson. Bernhisel does not appear in the 1844 directory or thereafter. 97 48 St. John's Park was a gathering place for the ruling families of New York. It was a place where "the destinies of great houses were often decided." Directly west of the park stood St. John's Chapel. It had been built in 1807 to resemble St. Martin-in-the-Fields in London and quickly became one of the most prominent landmarks in lower Manhattan. A wide tree-lined walkway led to the entrance of the impressive stone structure. The church had a large portico supported by Corinthian sandstone columns and was capped off with a towering oak steeple. By 1830, the area surrounding the park had become the "headquarters of fashion" for the city.98 Bernhisel settled into his new life in Manhattan less than a block from St. John's Park. He became personally acquainted with some of the most prominent residents and professionals in the city. One such acquaintance was John Young who served in Congress and later became the Governor of New York.99 He also knew Samuel Latham Mitchill, one of the most well-known academics of the day as well as David Hosack, a prominent but controversial leader of the medical profession in New York.100 It would not be until "St. John's Park," New York Times, March 9, 1867. This article contains a retrospective look at St. John's Park from the time Bernhisel lived there. For information on St. John's Chapel see Randall Mason, The Once and Future New York: Historic Preservation and the Modern City (Minneapolis: University of Minnesota Press, 2009), 67-69. 98 99 John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. In this letter, Bernhisel tells Young he is receiving help in lobbying Congress from many of his New York friends including Governor John Young. 100 Bernhisel supported the controversial efforts of Samuel Latham Mitchill and David Hosack to establish a new medical college in the state and create stricter standards for the licensing of physicians. See Documents of the Assembly of the State of New York, FiftyFifth Session, 1832, vol. III (Albany, NY: E. Crosswell, 1832), 1-5 No. 261. See also Hosack et al., Documents in the Matter of an Application to the Honourable the Legislature of the State of New-York, for a Charter for Manhattan College., 3-4. For more information on the two men and the controversy concerning the new medical 49 his middle years however that Bernhisel met the person who would have the greatest impact on his life. While the historical record does not contain an account of how they became acquainted, by 1840 Bernhisel had come to know Joseph Smith, the Mormon Prophet. The Latter-day Saint leader proved to be a far different person than the many other prominent people Bernhisel had met throughout his life. "Stand Still and See the Salvation of God" One nineteenth-century historian characterized Joseph Smith as "a liberal, bighearted man, and the last person whom the world would have taken for a prophet."101 Like Bernhisel, Smith had come from a remote farming village. Unlike Bernhisel, Smith had maintained much of the culture and folkways of his backcountry youth. One visitor to his home described the Mormon Prophet as "boyish in his conduct [and] fond of fun, frolic, and brandy."102 Nonetheless, Smith also had a serious desire for knowledge. He eagerly explored the world around him and had a driving curiosity about the world to come. Smith had grown up during a time when itinerant preachers were bringing a dynamic form of religion to the trans-Appalachian West - drenching it in spiritual fire.103 college see Alan David Aberbach, In Search of an American Identity: Samuel Latham Mitchill, Jeffersonian Nationalist (New York: P. Lang, 1988), 1-2, 174-176. 101 Thomas B. H. Stenhouse, The Rocky Mountain Saints (New York, D. Appleton and Company, 1873), 213. 102 James M. Sharpe Journal 1843-44, February 25, 1844, Thomas C. Sharp and Allied Anti-Mormon Papers, COE. 103 Nathan O. Hatch, The Democratization of American Christianity (New Haven: Yale University Press, 1989), 104-106. See also Gordon S. Wood, "Evangelical America and Early Mormonism," New York History 61 (October 1980): 360-361. 50 While Smith's accounts of visits with God and Angels were not out of place in a world that valued dreams, visions, speaking in tongues, and other forms of divine communion, his claim to a heaven-sanctioned theology was.104 Nonetheless, Smith's ability to produce a grand but coherent cosmology proved to be the perfect complement to his visionary tales of past and future worlds. For many, Smith's theology was something they had longed for. "I had never heard anything so plain in all my life before; a child could understand it all," exclaimed John Lowe Butler, a Mormon convert from Kentucky. Butler reported experiencing an epiphany after a Latter-day Saint meeting in which he heard a voice say, "Stand still and see the salvation of God." In Mormonism, Butler had found both the spiritual fire that he needed and the sure word of God that he craved.105 While Smith was successful in attracting adherents to his movement, the American Zion he had hoped to create for them soon ran into significant difficulties. In less than ten years, Smith had established three major Mormon settlements, only to see them all collapse. The same theme was clearly present in the failure of each settlement. It seemed that Mormon Nationalism could not coexist with other peoples and polities on the frontier. Conflicts invariably arose and Mormon settlements failed including their first community in the Western Reserve of Ohio. 104 Joseph Smith produced hundreds of pages of writings including The Book of Mormon that he claimed were divine revelations on a par with the Bible. Even in a world that believed in communication with God and Angels, Smith's claims of exclusive divine authority for his views drew heavy criticism. In response, Alexander Campbell claimed The Book of Mormon was riddled with contradictions of the Bible and an "impious fraud." See Alexander Campbell, Delusions: An Analysis of the Book of Mormon (Boston: Benjamin H. Greene, 1832), 11. 105 John Lowe Butler Autobiographies, MSS SC 390, LTPSC. 51 The Mormon Prophet's Kirtland settlement had initially been a great success.106 Together with Sidney Rigdon, Smith created a unique mixture of Christian communalism, religious enthusiasm, and economic opportunity that attracted many followers. Smith had hoped to establish a new social order in Ohio that would serve as an alternative to the uncertainty and inequality of the age. Smith soon discovered however that he could not escape the economic forces behind those evils. Kirtland was deeply in debt and needed fresh capital in order to survive. Smith followed a risky but wellestablished frontier practice aimed at creating a new line of credit. He started a jointstock company that issued promissory notes. Such notes often circulated as currency - but only as long as people believed they could ultimately be redeemed in specie.107 When people discovered that Smith's company had insufficient reserves to redeem their promissory notes, the institution failed and the Kirtland economy collapsed.108 Another Mormon settlement in Jackson County, Missouri suffered a worse fate. Perhaps unaware of the intense fear of abolitionism that ran deep in the surrounding communities, the editor of the settlement's newspaper, The Evening and the Mormon Star, inexplicably ran a story entitled, "Free People of Color." In the article, the editor suggested that free blacks could come and live in the Mormon community and even provided helpful suggestions on how to do it under Missouri law. An editorial then followed that discussed "the desolations which await the wicked" and spoke approvingly Mark L. Staker, Hearken, O Ye People: The Historical Setting for Joseph Smith's Ohio Revelations (Salt Lake City, UT: Greg Kofford Books, 2009), 391. 106 See Scott H. Partridge, "The Failure of the Kirtland Safety Society," BYU Studies 12 (Summer 1972): 2-6, 14. 107 108 Staker, Hearken, O Ye People, 392. 52 of the various efforts in the country "toward the abolition of slavery."109 The Mormons soon discovered that vigilante violence against suspected abolitionists had become commonplace in America by the 1830s. The practice was particularly prevalent in slave states.110 People in neighboring communities were already suspicious that the Mormons had plans to take over all the land in Jackson County for their use as a homeland. They interpreted the articles in the Mormon newspaper as an attempt to force the old settlers to leave the region because of the fear that free blacks would instigate a slave revolt. Meanwhile, existing residents claimed the right to control the cultural character of the region they had first settled. A vigilante committee quickly formed and drove the Mormons from the county.111 Smith was stunned to find that the Missouri state government was either unwilling or unable to protect the lands and lives of the Mormons. Not surprisingly, Smith's followers responded to the inaction of government officials with a determination to provide their own protection - an action that quickly led to an escalating cycle of violence. The Mormons next relocated to a remote area of Missouri and for a time enjoyed an uneasy peace with their neighbors. Relations between the two groups declined precipitously when an ill-advised July 4, 1838 saber-rattling speech by Sidney Rigdon See "Free People of Color" and "The Elders Stationed in Zion to the Churches Abroad, In Love, Greeting," The Evening and the Morning Star (Independence, MO), July 1833. 109 110 Vigilante violence against abolitionists was quite common throughout the country, especially in the South. In 1835 alone, there were nearly eighty instances of such violence in slave states, most of them directed at abolitionists. See Howe, What Hath God Wrought, 432-435. 111 "Mormonism," The Western Monitor (Fayette, MO), August 2, 1833. 53 began to fan the flames of fear concerning Mormon intentions.112 Once again, the Missourians worried about a Mormon takeover of their lands. Hostilities quickly escalated. Vigilantes tried to stop the Mormons from voting. They burned down a Latterday Saint home as a warning against future expansion into the area. When government officials did little to stop the violence, the Mormons sent their own militia known as the "Danites" to retaliate. The foray got quickly out of hand and the Danites burned down some fifty buildings in neighboring communities in an effort to drive their enemies from the region.113 The action seemingly confirmed the worst fears of the Missourians about Mormon intentions and a full-scale war quickly erupted.114 In response, Governor Lilburn Boggs employed the most expedient method for ending the crisis. He ordered the Missouri State Militia to jail Mormon leaders and drive their followers from the state.115 The action infuriated the Latter-day Saints. After six months behind bars, Smith escaped custody and fled to Illinois.116 He spent the rest of his Council of Fifty member Almon Babbitt cited Rigdon's speeches for inflaming public opinion against the Mormons. See entry of March 11, 1845 in Grow et al., Council of Fifty, Minutes, 295-322. See also Grow et al., Council of Fifty, Minutes, 311n403. 112 113 Bushman, Joseph Smith : Rough Stone Rolling, 360-365. 114 LeSueur, The 1838 Mormon War in Missouri, 143-145. For the text of the "extermination order" expelling the Mormons from Missouri see Lilburn W. Boggs to General John B. Clark, October 27, 1838, Mormon War Papers 1837 - 1841, MSA. 115 Baugh, "A Call to Arms," 379. The guards transporting Smith to trial apparently allowed him to escape. See Bushman, Joseph Smith : Rough Stone Rolling, 382. Joseph Smith III records in his memoirs that two men came to the Smith home shortly after the escape to collect a promised $800.00 bribe. See Mary Audentia Smith Anderson, ed., The Memoirs of President Joseph Smith III (1832-1914) (Independence, MO.: Price Publishing Company, 2001), 6. A promissory note for $150.00 that Joseph Smith appears to have issued to guard John Brassfield on April 16, 1839 bolsters the conclusion that the Mormon Prophet escaped with the help of a bribe. See Joseph Smith et al., The Joseph 116 54 life seeking justice for the Missouri expulsion but the violence would only grow worse in a new Mormon settlement built on the banks of the Mississippi River - a rising city called "Nauvoo." Columbian Hall The historical record does not contain an account of Bernhisel's conversion to Mormonism - but it probably occurred after the tumultuous experiences of Ohio and Missouri. What is known is that the first Mormon missionaries arrived in New York City in 1837. They met in a room above a store on Goerick Street and at first attracted little attention. Then, under the fiery leadership of a missionary named Parley Pratt, Church membership began to grow. The Latter-day Saints held weekly services at various meeting places around Lower Manhattan including the 1,000 seat Columbian Hall.117 By the fall of 1840, the Mormons were holding meetings almost every evening at 245 Spring Street - just a few blocks from Bernhisel's residence.118 On November 16, 1840, Bernhisel attended one of these meetings. During the services, Lucian R. Foster, the presiding Latter-day Saint leader in New York City, ordained Bernhisel to be a Mormon Smith Papers. February 1838 - August 1839 Volume 6 (Salt Lake City: The Church Historian's Press, 2017), 422-426. 117 Mormon missionaries successfully exploited the Missouri expulsion to attract large audiences to religious meetings. See "Mormon Meetings," New York Herald, December 21, 1839. By late 1839, Mormon missionary efforts were beginning to produce results. See Parley P. Pratt to Joseph Smith, November 22, 1839, Joseph Smith Collection, MS 155, CHL. For information concerning Mormon meetings places in New York City see Ned P. Thomas, "Various Times and Sundry Places: Buildings Used by the LDS Church in Manhattan," The New York LDS Historian 3 (Spring 2000): 1-2. 118 Nauvoo High Priests Quorum, Record Book, CR 1000/1, CHL. The last twenty-one pages of this book contain a brief history of the growth of the Mormon Church in New York City. 55 Elder - suggesting that the doctor had recently joined the Church.119 Bernhisel was devoted to his new religious faith and used his political influence to assist Mormon leaders. He helped raise money to build a temple at Church headquarters in Nauvoo. On April 15, 1841, Bernhisel became the Bishop of the "Branch of New York City" a position that put him in charge of the secular affairs of the Church in the city.120 Bernhisel also served as the first point of contact for European converts arriving in New York and helped them settle into their new life in America. He also corresponded regularly with the Mormon Prophet and helped him financially. It was not long before Smith asked Bernhisel to come to Nauvoo.121 Smith clearly needed the help of someone with Bernhisel's talents. The cycle of conflict and violence that had occurred in Ohio and Missouri was now spreading to the new Mormon settlements in western Illinois. Bernhisel was one of the few Latter-day Saints with the background to be an effective negotiator. He understood the culture of the 119 Nauvoo High Priests Quorum, Record Book, CR 1000/1, CHL. See Bernhisel's certificate of ordination to the office of Bishop in "To Whom it May Concern," box 1, folder 5, John Bernhisel Papers, MS 370, CHL. For an explanation of what terms such as "branch" and "Bishop" meant during this period see William G. Hartley, "Nauvoo Stake, Priesthood Quorums, and the Church's First Wards," BYU Studies 32 (Winter/Spring 1992): 57-58. 120 Wilford Woodruff, Wilford Woodruff's Journal, 1833-1898: Typescript (Midvale, UT: Signature Books, 1983), May 24, 1841. May 27, 1841. "Temple Funds," Times and Seasons (Nauvoo, IL), May 2, 1842. See also "Editorial Remarks," Latter-day Saints' Millennial Star (Manchester, GB), August 1841. Smith engaged in land transactions with Bernhisel, and clearly wished him to come to Nauvoo. See Joseph Smith to Dr. Bernhisel, November 16, 1841, box 2 folder 4, Joseph Smith Collection, MS 155, CHL. Bernhisel could be very generous in his financial dealings with the Mormon Prophet. On one occasion he sold Smith some land for "$1.00, love and good will." See Susan Easton Black, Harvey Bischoff Black, and Brandon Plewe, Property Transactions in Nauvoo, Hancock County, Illinois and Surrounding Communities (1839-1859) (Provo, UT: World Vital Records, Incorporated, 2006), 401. 121 56 frontier from his early life and travels. He was also conversant with the world of politics. Therefore, Bernhisel abandoned his medical practice in lower Manhattan in the spring of 1843 and moved to Nauvoo. He would soon find himself in the middle of the events leading up to the murder of Joseph Smith and the fall of the city the Mormon Prophet had built. CHAPTER IV FOUR MILES FROM CARTHAGE Dr. John Milton Bernhisel left New York City for Nauvoo, Illinois in the spring of 1843.122 He traveled through many of the same lands that had fascinated him as a young doctor some twenty years earlier. During his absence however the West had changed dramatically. Improvements to the transportation systems of the frontier now opened new areas to settlement. The railroads made their appearance, conquering time and distance.123 People and cargo moved swiftly east and west, no longer hindered by the inadequacies of overland travel. Population patterns shifted and burgeoning cities appeared on the immense prairies that had captivated Bernhisel during his youthful exploration of the West. Almost overnight, Chicago and St. Louis emerged as regional population centers and formidable economic powers.124 Nauvoo, Illinois stood between these two great cities - aspiring to reach a similar stature. The Mormons built Nauvoo in a beautiful location on a wide bend of the 122 The President of the New York City Branch was the presiding Mormon leader over all congregations in the city and signed Bernhisel's letter of recommendation to the Church in Nauvoo, Illinois on April 23, 1843. Bernhisel departed shortly after that. See L. R. Foster, April 23, 1843, box 1, folder 5, John Bernhisel Papers, MS 370, CHL. 123 Howe, What Hath God Wrought, 562-564. Graham Alexander Peck, "Politics and Ideology in a Free Society: Illinois from Statehood to Civil War" (PhD Diss., Northwestern University, 2001), 109. 124 58 Mississippi River. Bernhisel arrived in late May and discovered a city with a booming population.125 Between 1839 and 1843, Nauvoo grew from some one hundred inhabitants to over twelve thousand.126 Stretching inland were miles of one-acre lots, with most containing one-story houses built in a singular style of architecture. An imposing temple made of white limestone rose from a bluff a half-mile from the river.127 A large outdoor amphitheater, built near the water's edge, accommodated thousands of the faithful who had gathered beneath the shade of the trees to hear the Word of God.128 Riverboat travelers found Nauvoo to be one of the most impressive sights on the upper Mississippi. Even those who disdained the Latter-day Saint leader admired the city he had built.129 By 1843, Nauvoo had become a tourist attraction with steamboats 125 The Book of the Law of the Lord, 309, MS 22507, CHL. Bernhisel personally delivered the donations of several New York area Mormons to Church officials in Nauvoo on May 22, 1843 suggesting that he had recently arrived in the city. Susan Easton Black, "How Large Was the Population of Nauvoo?" BYU Studies 35 (Spring 1995): 91-94. The author indicates that estimating the population of Nauvoo during this period is no simple task, but makes the case that there were some 12,000 inhabitants in the city by 1844. 126 "Nauvoo," New York Weekly Tribune, July 15, 1843. The author expresses astonishment at what the Mormons had created and was especially impressed with the Temple which he said, "is destined to be the most magnificent structure in the West." 127 "Nauvoo," Sangamo Journal (Springfield, IL), February 9, 1841. The author describes the outdoor amphitheater saying, "Under the shade of some beautiful shrubbery near the river's brink, seats are erected for the accommodation of the society, at their religious meetings. The spot selected is favorable to a calm and serene temper and a devotional frame of mind." 128 129 Almost from their first arrival, the Latter-day Saints impressed their neighbors with their industry. One newspaper declared, "No sect, with equal means, has probably ever suffered and achieved more in so short a time." See "A Glance at the Mormons," Alexandria Gazette (Alexandria, VA), July 11, 1840. See also "The Mormons," Burlington Hawkeye (Burlington, IA), October 19, 1843. 59 offering daytrips to curious people who wanted to walk the streets of the "city of the Mormons."130 Visitors to Nauvoo were startled to find something very odd in front of Joseph Smith's home however. In the Mormon Prophet's front yard were two large cannons mounted and ready to fire.131 It seemed that once again the Mormons were a people under siege. When the Latter-day Saints first settled in Illinois, the citizens had welcomed them. It did not take long however before residents were having second thoughts. Instead of assimilating with other residents, the Latter-day Saints had created their own form of government in which Joseph Smith was the principal power. Smith had established a city court and claimed that its jurisdiction superseded all others in the state. Smith had also created a large and well-armed private militia under his own command that some area residents regarded as a threat. When the Mormons projected their military and political power outside of Nauvoo, many area residents decided they had seen enough. Bernhisel personally witnessed how these institutions of Mormon Nationalism turned once sympathetic residents into deadly enemies. "Pleasure Trip to Nauvoo," The Radical (Bowling Green, MO), July 1, 1843. This article describes a trip to Nauvoo on the steamboat Missouri Mail, which included a band for entertainment while en route and a tour of the city upon arrival. "The arrangements throughout are all upon the most liberal scale, and yet, the whole expense of the trip from Louisiana to Nauvoo and back, will be but two dollars," the article reports enthusiastically. "Who would not give two dollars for the privilege of a stroll through the streets of the city of the Mormons?" 130 "A Visit to Joe Smith," New York Weekly Tribune, August 13, 1842. This article contains a description of Nauvoo from a Unitarian minister who visited Joseph Smith. While he admired the city, he described the Mormon Prophet as a man who "makes it a point not to agree with anyone in regard to his religious opinions, and adapts himself to the person with whom he happens to be talking for the time being." He then goes on to describe the two cannons mounted in the yard of Smith's home and wondered why a prophet of God, "must convert all his followers into soldiers for his own protection." 131 60 "Hosanna! Hosanna! Hosanna! To God and the Lamb!" Bernhisel had been in the Latter-day Saint capital for only a few weeks when panic gripped the city. William Clayton, Smith's private secretary, interrupted Sunday services at the outdoor amphitheater to announce that Missouri officials were attempting to kidnap the Mormon Prophet. The situation was particularly desperate because Smith was visiting relatives in Dixon, Illinois - some one hundred and thirty miles from the protection of Nauvoo. In response, Smith's older brother Hyrum took charge of the crisis. He rounded up one hundred armed volunteers to go overland to Dixon and ordered them to use any force necessary to rescue his brother.132 Hyrum also ordered a second group of seventy-five armed men to travel by steamboat to Dixon, boarding ships along the way and searching them for the Mormon Prophet.133 Bernhisel joined this latter operation as the militia surgeon in a risky and potentially bloody effort to foil the Missouri kidnappers.134 Not surprisingly however government officers participating in this operation had a very different view of these unfolding events. Despite Mormon claims to the contrary, Missouri and Illinois officials felt that their actions were far from a kidnapping. Smith had been a fugitive from justice since April 16, 1839 when he had escaped custody while on trial for his role in the Missouri 132 William P. McIntire Report, October 3, 1854, box 1, folder 53, Joseph Smith History Documents, CR 100/396, CHL. 133 134 Bushman, Joseph Smith : Rough Stone Rolling, 506. Joseph L. Heywood letter, circa 1854, box 1, folder 56, Joseph Smith History Documents, CR 100/396, CHL. 61 Mormon War.135 Missouri had attempted to extradite Smith but to no avail.136 For a time it appeared Missouri had given up their attempts to reclaim the Mormon Prophet, but that changed dramatically when a gunman, supposedly acting on Smith's orders, attempted to kill former Governor Lilburn Boggs.137 In response, Missouri officials once again demanded Smith's extradition. Since legal maneuvering and the protection of Smith's followers had thwarted his arrest in the past, Illinois officials quickly seized upon the opportunity to apprehend the Mormon Prophet while he was away from Nauvoo.138 They immediately sent an officer to Dixon to arrest Smith and turn him over to an accompanying Missouri official. The Latter-day Saints considered this expedited Smith's escape created considerable anger in Daviess County. See The History of Daviess County, Missouri (Kansas City, MO: Birdsall & Dean, 1882), 205-206. See also Smith et al., The Joseph Smith Papers. February 1838 - August 1839 Volume 6, 422-426. 135 136 A Missouri extradition attempt of September 6, 1840 failed when Illinois officials claimed they could not find Smith. Another attempt of June 5, 1841 also failed when Judge Stephen A. Douglas, who was on friendly terms with Smith, invalidated the order on a technicality. See Bushman, Joseph Smith : Rough Stone Rolling, 397, 425-426. 137 On the night of May 6, 1842, an unknown assailant fired a pistol at former Governor Lilburn Boggs. The gunfire struck Boggs in the neck and head nearly killing him. See "Governor Boggs," Jeffersonian Republican (Jefferson City, MO), May 14, 1842. Authorities found a stolen pistol in the garden outside Boggs home. Boggs survived the attack despite the fact that four pellets of buckshot had lodged in his brain. The Missourians suspected that the Mormons had carried out the shooting in retaliation for Boggs' order expelling the Latter-day Saints from the state. See Jeffersonian Republican (Jefferson City, MO), July 16, 1842. 138 A prior extradition request for Smith failed when a federal judge invalidated it on the grounds that Smith had not been in Missouri at the time of the Boggs shooting. See Bushman, Joseph Smith : Rough Stone Rolling, 480. Apparently the Mormons thought that this had ended the matter. However, on June 5, 1843, Missouri sent a new request to Illinois officials. To get around the federal ruling, they revised their extradition demand to base it on Smith's activities during the 1838 Missouri Mormon War rather than the Boggs shooting. In response, Illinois Governor Thomas Ford signed a new extradition request without the knowledge of the Mormons. See "Jo Smith," Boon's Lick Times (Fayette, MO), July 15, 1843. 62 extradition to be a kidnapping however. They were not about to let the Missourians take Smith over the state line without a fight.139 On June 25, 1843, Bernhisel boarded the Church-owned steamship Maid of Iowa to play his role in rescuing the Mormon Prophet. The mission of the operation was to block the Missourians from taking Smith out of the state via the Illinois River. Meanwhile, a posse of some eighty Missourians were determined to take Smith across the state line even if they had to use deadly force to do it. To accomplish their aims, they chartered the steamship Chicago Belle and equipped it with swivel guns. They intended to use its firepower to shoot their way out of Illinois if the Mormons stood in their way. When Mormon militia members learned of the plan, they reinforced the inside of the Maid of Iowa with bricks to protect themselves from gunfire. The seventy-five armed men then set out early on the morning of June 26, 1843 to rescue their Prophet.140 Thanks to the Missourians' lack of preparation, a gun battle on the Illinois River never materialized. The captain of the Chicago Belle ran his ship aground on a sand bar barely visible in the middle of the river. The mishap assured that the improvised Missouri gunboat could not be used to transport Smith out of Illinois.141 Meanwhile, overland Mormon forces had made their way to Dixon where they surprised the arresting officers. Smith jubilantly proclaimed, "I am not going to Missouri this time. These are my boys." Bushman, Joseph Smith : Rough Stone Rolling, 504-506. See also Hedges et al., The Joseph Smith Papers. Volume 3, 39n153. 139 140 B. H. Roberts, ed., History of the Church of Jesus Christ of Latter-day Saints (Salt Lake City: Deseret Book Co., 1951), 5:482. See also Daniel M. Burbank Autobiography 1863, 43-44, MS 6344, CHL. 141 Daniel M. Burbank Autobiography 1863, 45, MS 6344, CHL. 63 Without firing a shot, the Latter-day Saints freed their leader and forced his captors to go with them to Nauvoo. Once they arrived in the city, the municipal court was sure to invalidate the Governor's arrest warrant.142 The Mormon Prophet arrived back in Nauvoo on June 30, 1843 and received a hero's welcome. Smith was deeply grateful to Mormon militia forces who had risked their lives on his behalf. Therefore, before going to the Nauvoo courthouse, Smith made his way through the throngs of his loyal followers and entered the gate of his home. As a band played Hail Columbia, the Mormon Prophet climbed the fence and steadied himself on one of the large gateposts. He swung his hat in the air and yelled to the surging crowd, "Hosanna! Hosanna! Hosanna! To God and the Lamb! I am once more delivered from the hands of the Missourians!"143 The Mormon Prophet's triumph would be short-lived. In less than a year he would die at the hands of his once welcoming neighbors.144 The Dixon rescue mission looked far different to area settlers than it did to the cheering Latter-day Saints. Local residents Bushman, Joseph Smith : Rough Stone Rolling, 506. Joseph Reynolds, the Missouri officer sent to Illinois with the extradition demand for Smith, wrote a report of his experience that was printed in several newspapers. The report claimed that the Nauvoo Legion had coerced Sheriff Campbell of Lee County to go before the Nauvoo municipal court with Smith, even though "said court had no legal power to interfere in the matter at all." He then described how the court dismissed the warrant signed by the Governor of Illinois. Reynolds further stated, "Be it known that Holy Joe is himself presiding judge of the very court, by a quorum of which he was discharged." See "Jo Smith," Boon's Lick Times (Fayette, MO), July 15, 1843. 142 Lyman Omer Littlefield, Reminiscences of Latter-Day Saints : Giving an Account of Much Individual Suffering for Religious Conscience (Logan, UT: Utah Journal Co., 1888), 128-129. 143 "A Proclamation to the Saints Scattered Abroad," Times and Seasons (Nauvoo, IL), January 15, 1841. 144 64 were outraged when Mormon militia forces galloped into their communities with their guns drawn to search the township, interrogate citizens, and then ride off with their "blood at fighting heat." Soon area residents were referring to the Latter-day Saint gunmen as "destroying angels."145 Local settlers also became alarmed when they discovered that the Maid of Iowa was patrolling the Illinois River with a large number of armed men looking to board any ship that might be carrying Smith. They feared that the Mormons would stop at nothing to free their Prophet.146 The outrage of area residents went beyond the Mormons' show of military might however. Shortly after his rescue, the Nauvoo municipal court invalidated the Governor's arrest warrant for Smith. In response, Illinois residents condemned the Mormon Prophet's "shameless disregard for all the forms and restraints of Law." They also denounced the Mormon militia for freeing Smith from "legally authorized" officials and then "by the vilest of hypocrisy" forcing the Illinois and Missouri officials to accompany the Mormon Prophet as he marched "triumphantly into Nauvoo, and bid defiance to the laws of the land." They noted that it was only after the Nauvoo municipal court members had "exceeded their authority in issuing a writ of habeas corpus" that Smith had ordered the release of the captured officers.147 145 Albert P. Rockwood to George A. Smith, February 23, 1855, box 1, folder 54, Joseph Smith History Documents, CR 100/396, CHL. "Jo Smith the Prophet Arrested," Lee County Democrat (Fort Madison, IA), July 1, 1843. 146 147 A committee of citizens met in Warsaw on August 19, 1843 to protest the Dixon rescue operation and its aftermath. See "Great Meeting of Anti-Mormons!" Warsaw Message (Warsaw, IL), September 13, 1843. See also "Highly Important From Nauvoo," New York Herald, July 23, 1843. See also Ford and Shields, A History of Illinois, 316. Ford argues that to curry favor, political candidates deceived the Mormons into thinking the Nauvoo municipal court had the power to invalidate legal process from anywhere in 65 Soon residents throughout the region were complaining that Mormon military and political power was endangering their lands and lives. They feared that their communities might soon be playing the part of Canaan in Joseph Smith's attempt to establish an American Zion on the Illinois prairies.148 Smith only aggravated those fears when he gave a speech at the outdoor amphitheater on the afternoon of June 30, 1843 in which he proclaimed that Mormon Nationalism was a reality that the citizens of Illinois could not dismantle. In an intemperate speech, Smith claimed that the authority of the Nauvoo municipal court superseded all others in Illinois and scoffed at those who felt that such claims of judicial power were dangerous. He insisted that the State of Illinois had "ceded unto us our vested rights" and that the Illinois Legislature had no "right or power to take them from us." Smith then issued a warning that "forbearance is no longer a virtue." Smith insisted that in the past he had always "restrained the Saints from using violence." He warned that "henceforth he restrained them no more." Smith threatened to use "blood and thunder, sword and pistol" against those who opposed him. He declared that he could not endure his persecution any longer. The seven thousand Mormons at the amphitheater roared their agreement.149 In response to Smith's threats, area residents began preparing Illinois. "Thus the Mormons were deluded and deceived by men who ought to have known and did know better." 148 Ford and Shields, A History of Illinois, 269. Woodruff, Wilford Woodruff's Journal, 1833-1898, June 30, 1843. See also, William Clayton, An Intimate Chronicle: The Journals of William Clayton (Salt Lake City: Signature Books in association with Smith Research Associates, 1995), June 30, 1843. See also Brigham Young, Journal of Discourses (London and Liverpool: LDS Booksellers Depot, 1854), 2:163-169. 149 66 for war. Bernhisel, who had been in Nauvoo for barely five weeks, would quickly find himself in the middle of the growing conflict. The doctor would soon become a member of the Mormon Prophet's inner circle of trusted advisors. Smith seemed to trust Bernhisel unreservedly. His confidence in the doctor may have been due to the fact that Bernhisel had risked his life to rescue him from extradition to Missouri. More importantly, Bernhisel believed in Smith's prophetic claims. While he wrote little about his spiritual journey into Mormonism, the doctor was clearly impressed with the Mormon Prophet's cosmology and convinced of his command of the workings of Heaven and Earth. Kingdoms of Heaven and Earth Bernhisel was fascinated with Joseph Smith's claims that certain religious rites could allow associations that began on Earth to continue in Heaven. Not long after arriving in Nauvoo, Bernhisel began participating in the Mormon Prophet's intriguing religious innovations. Two weeks after his harrowing mission to help rescue Smith, Bernhisel went to the Mississippi River. There, on July 14, 1843, Mormon elders baptized him some twenty-five times in the muddy waters.150 The elders were not baptizing Bernhisel for his own salvation however. Instead, the distinguished physician was acting as a proxy for people long since dead. In the Mormon Prophet's cosmology, the Latter-day Saints held the power to celebrate certain Christian sacraments both in Heaven and on Earth. Bernhisel took advantage of Smith's religious teachings and 150 Temple Record Book of John M. Bernhisel, 1, US/CAN Film 595, FHL. This is a record of Bernhisel's "baptisms for the dead in the Mississippi River at Nauvoo and in the Endowment House in Salt Lake City, Utah from July 14, 1843-Aug. 23, 1876." 67 reached out beyond the grave.151 It was a poignant memorial to the people who had been important to him during his lifetime. Most of the names in Bernhisel's record are of relatives, but some are of his friends and associates. One entry lists Dr. Philip Syng Physic, Bernhisel's mentor from the University of Pennsylvania.152 Another entry contains the name of Dr. David Hosack, a prominent New York physician who had enlisted Bernhisel's support in creating a new medical school for the city.153 Moses Austin, the father of Texas founder Stephen F. Austin, also appears in the record. Bernhisel had failed to save his life as a young doctor in Herculaneum, Missouri, but now reached out to offer him salvation in the kingdom of Heaven.154 Bernhisel's record also lists his colleague from New York City, Dr. Samuel Latham Mitchill - one of the foremost academics of his day.155 People from throughout the country had sought Mitchill's advice - including a prominent resident of Palmyra, New York named Martin Harris who in 1828 consulted with the doctor about the authenticity of Joseph Smith's Book of Mormon.156 151 Bushman, Joseph Smith : Rough Stone Rolling, 421-423. 152 Temple Record Book of John M. Bernhisel, 2, US/CAN Film 595, FHL. 153 Temple Record Book of John M. Bernhisel, 6, US/CAN Film 595, FHL. 154 Temple Record Book of John M. Bernhisel, 10, US/CAN Film 595, FHL. 155 Temple Record Book of John M. Bernhisel, 36, US/CAN Film 595, FHL. 156 Joseph Smith had provided Martin Harris with a document covered with puzzling characters the Mormon Prophet claimed were from golden plates that contained the ancient text of The Book of Mormon. Harris wanted Mitchel's opinion of the validity of the characters before he financed the publication of Smith's book. See Richard E. Bennett, "‘Read This I Pray Thee': Martin Harris and the Three Wise Men of the East," Journal of Mormon History 36 (Winter 2010): 178-216. 68 Bernhisel seemed intrigued with the prospect of inviting people who were important to him during his lifetime to accompany him on his journey through Eternity. He was baptized for hundreds of deceased persons over the years. Some of the individuals he selected for these rites provide hints of Bernhisel's past. In his record, Bernhisel indicates that church elders baptized him on behalf of Maria Lawrence and Sarah Crosby. In the case of these two deceased women however the religious rituals went beyond baptism.157 Bernhisel later recorded that on October 26, 1843, that the Mormon Prophet had secretly performed a ceremony posthumously marrying these two "intimate friends" to the doctor.158 Smith secretly introduced Bernhisel to many other sacred rites before he taught them to the general membership of the Church.159 Smith's willingness to trust Bernhisel with the affairs of Heaven soon translated into trusting him with his troubled affairs on Earth. Before long the doctor was negotiating on Smith's behalf, trying to find a solution to the enmity that had arisen between the Latter-day Saints and their neighbors. He soon learned of the chain of events that had led the Mormons and their neighbors to the brink of civil war. It seemed that the two sides had very different approaches to dealing with the inadequacies of the established governments of the frontier. 157 Temple Record Book of John M. Bernhisel, 2, US/CAN Film 595, FHL. 158 Joseph Smith Journal, October 26, 1843, box 1, folder 7, Joseph Smith Collection, MS 155, CHL. A note in the journal indicates that Church Historian Robert L. Campbell made the entry on July 29, 1868. The entry contains the signature of John M. Bernhisel. There was a total of eleven deceased women "sealed" to Bernhisel including a sister, a sister in law, a cousin, and several aunts. 159 Clayton, An Intimate Chronicle, September 3, 1844. 69 Within days of arriving in Nauvoo, Bernhisel attended the first of many meetings with the Quorum of the Twelve Apostles.160 Over the following year, Bernhisel also met frequently with the Mormon Prophet. While Smith usually consulted with Bernhisel on political and financial affairs, he also spoke with the doctor about spiritual and family matters. He discussed his visionary experiences with Bernhisel and his expansive views on the workings of Eternity.161 By the fall of 1843, Smith had invited the doctor to move into his home where they formed a close bond.162 Bernhisel described Smith as a "warm and sympathizing friend."163 Meanwhile, Smith valued the doctor's education and gentlemanly manners. He often praised Bernhisel's "calmness and equanimity" of temper.164 Smith also appreciated Bernhisel's companionship. He would sometimes spend his evenings enjoying the doctor's intelligent conversation or would ride out into the countryside with his young sons accompanied by Bernhisel.165 Before long, Bernhisel 160 Brigham Young Minutes, May 23, 1843, series 9, box 12, folder 1, Leonard Arrington Collection, LJAHA COL 1, USU. Bernhisel is present at a meeting of the Quorum of the Twelve that was held in Joseph Smith's office on this date. See Joseph Smith's journal entry of December 29, 1843 in Dean C. Jessee, The Joseph Smith Papers: Journals Volume 3: May 1843 - June 1844 (Salt Lake City: Church Historian Press, 2015), 153. 161 John Bernhisel to Thomas Ford, June 14, 1844, box 1, folder 4, Joseph Smith's Office Papers, MS 21600, CHL. This letter indicates that Bernhisel had been living in the Smith household for nine months, suggesting he had taken up residence in late September or early October 1843. 162 John Bernhisel to Thomas Ford, June 14, 1844, box 1, folder 4, Joseph Smith's Office Papers, MS 21600, CHL. 163 164 John Bernhisel to Brigham Young, July 14, 1854, box 60, folder 16, BYP. 165 Roberts, History of the Church, 5:525. See also Roberts, History of the Church, 6:342. 70 became like a member of the family.166 Over the final months of the Mormon Prophet's life, Bernhisel learned firsthand of Joseph Smith's plans for an American Zion that would exist on Earth but would one day be caught up into Heaven. Smith explained to the doctor that the existing government institutions of the country had all become corrupt and would surely fall. This would result in death and destruction on a grand scale. Smith was certain that as earthly governments declined that people would begin to "fly to Zion for safety." In this American Zion, the defects of the existing social, political, and economic institutions of the world would find a remedy. In this ideal society, citizens would enjoy perfect justice and wholesome laws. In addition, people living in the American Zion would not work for personal gain but to "promote the interests of the Kingdom of God on the Earth."167 The ideals of Mormon Nationalism could not all be fulfilled as Joseph Smith had envisioned however. He had to make some alterations to his original plans. While Smith had employed Christian communalism in Mormon settlements in Missouri and Ohio, he soon found it to be an unworkable concept. Therefore, in Nauvoo, he had replaced communalism with a system of tithing.168 Other problems with Mormon Nationalism could not be so easily remedied however. It seemed that the American Zion would need more than just spiritual power to survive. 166 John M. Bernhisel to Emma Smith, October 9, 1847, P4, f7, Emma Smith Papers, CCA. When Bernhisel finally left the Smith household to go west, he described himself as a member of the family. 167 Reminiscences of John M. Bernhisel by Dr. Washington Franklin Anderson 18231903, MS 2426/3, CHL. See also Hedges et al., The Joseph Smith Papers. Volume 3, 153. 168 Arrington, Great Basin Kingdom, 18. 71 Smith's attempts to secure an exclusive homeland for his people had led to conflicts with Mormon neighbors in their past settlements.169 Now these same conflicts were occurring in Illinois. Ironically, frontier settlers in the West had many of the same complaints about established governments as the Mormons did. They had also fashioned alternatives in response. Unlike the Mormons however popular passions and the will of the majority drove these alternatives. Frontier settlers formed vigilance committees, operated private militias, and substituted the popular will for the rule of law.170 The Mormons condemned these actions as mob rule. Meanwhile, frontier settlers had their own misgivings about the way that the Mormons had constructed their alternative government. Illinois residents saw the religious fervor surrounding Mormon Nationalism as evidence that the Latter-day Saints were a deluded and fanatical people who had come under the influence of an equally deluded and fanatical tyrant. Shortly after they arrived in Illinois, one newspaper characterized the Mormons as a people "trained to sacrifice their individuality; to utter one cry; to think and act in crowds; with minds that seem struck from the sphere of reason." The newspaper warned of dire consequences should the Mormons "ever become disposed to exert their influence 169 170 Ashurst-McGee, "Zion Rising," 216. See Richard Maxwell Brown, Strain of Violence Historical Studies of American Violence and Vigilantism (New York: Oxford University Press, 1975), 98. Between 1795 and 1820 the population of trans-Appalachia grew from 150,000 to over 2,000,000. By 1830 it had grown to nearly 3,000,000. See Rohrbough, Trans-Appalachian Frontier, 113, 225. This rapid growth had made it difficult for the institutions of law and order to keep pace. Not surprisingly, organized gangs of outlaws saw communities with weak governments as easy targets for a takeover. In response, frontier settlers turned to their own system of law enforcement to establish order. See John Lee Allaman, "GreenBush Vigilantes: An Organizational Document," Western Regional Studies 10 (Spring 1987): 32-33. 72 for evil."171 As a result, local citizens claimed that the Mormons were a people with no regard for the rule of law.172 In response, Smith angrily pointed to the failure of the "rule of law" in preventing mob attacks on the Latter-day Saints in Missouri.173 He complained that the same thing was now occurring in Illinois. "My Dog Would Make a Better President" On July 7, 1840, a group of men from the village of Tully, Missouri entered Illinois on a mission to retrieve stolen property. The men were convinced that several Latter-day Saints in the area had committed the thefts. They kidnapped five Mormon men and took them back across the Mississippi River to Tully for a vigilante trial. The Missourians then publicly abused their captives before releasing them. The kidnappers defended their actions claiming that Smith had been protecting the thieves. The Missourians angrily denounced the Mormon Prophet as a "curse to society," "a wolf in sheep's clothing," and "a man entirely destitute of moral honesty."174 In response, Smith demanded the extradition of the Tully kidnappers.175 Illinois Governor Thomas Carlin dutifully sent a demand for the kidnappers to Missouri Governor Lilburn Boggs. Boggs granted the request but made it contingent upon a demand of his own. He insisted that Illinois extradite the Mormon Prophet to Missouri to 171 "A Glance at the Mormons," Alexandria Gazette (Alexandria, VA), July 11, 1840. 172 Ford and Shields, A History of Illinois, 269. 173 Roberts, History of the Church, 94-95. 174 "The Tully Affair," Quincy Whig (Quincy, IL), July 25, 1840. 175 "Public Meeting at Nauvoo," Quincy Whig (Quincy, IL), July 18, 1840. 73 face charges for his role in the Missouri Mormon War. Nothing could have infuriated Smith more. He angrily refused to surrender and not surprisingly, Missouri officials never extradited the vigilantes.176 "We thought it would turn out a farce," declared the editor of the Quincy Whig.177 While the failure to bring the Tully vigilantes to justice had outraged the Mormons, it came as no surprise to the old settlers of the region. Kidnappings had become a common occurrence in the area. These abductions usually involved slave-owners who were recapturing fugitive slaves. Illinois refused to extradite these runaways because the state courts had ruled that they had become free persons as soon as they crossed the border. Not surprisingly, Missouri soon became uncooperative with Illinois extradition requests in protest.178 Meanwhile, the Illinois State Militia proved ineffective in policing the region to prevent unlawful acts such as counterfeiting, theft, as well as kidnappings.179 It seemed that under the circumstances, the federal government would intervene to preserve order, but the Mormons had already tried to secure the help of Washington only to find Congress and the President were unwilling to become involved. "The Mormons," Quincy Whig (Quincy, IL), September 12, 1840. Boggs also demanded the return of Sidney Rigdon who had been legally released from jail. 176 "Governor Carlin -- Smith and Rigdon," Quincy Whig (Quincy, IL), September 26, 1840. 177 Illinois Governor, The Governors' Letter-Books, 1840-1853 (Springfield: Trustees of the Illinois State Historical Library, 1911), xxv-xxvii. See also Peck, "Politics and Ideology in a Free Society," 18. 178 179 Richard Edmond Bennett, Susan Easton Black, and Donald Q. Cannon, The Nauvoo Legion in Illinois: A History of the Mormon Militia, 1841-1846 (Norman, OK: Arthur H. Clark Co., 2010), 42-44. In Illinois many communities established private militias because the state militia was unreliable. 74 In a letter of January 28, 1840 addressed to Congress and the President, the Mormon Prophet wrote "it is the theory of our laws that for the violations of every legal right, there is provided a legal remedy - What then we would respectfully ask is the remedy of the Mormons?" Smith then petitioned the Senate to put the State of Missouri on trial for its actions against the Latter-day Saints and assess damages for driving the Mormons from their homes.180 Smith soon found that Congress had no interest in serving as a court of last resort.181 Missouri Senator Lewis F. Linn exclaimed that he "hardly knew what should be done with a memorial like this." He complained that, "a sovereign State seemed about to be put on trial before the Senate of the United States." Linn was not alone in claiming that Congress did not have jurisdiction over such issues. Michigan Senator John Norvell "moved to lay it on the table" - a parliamentary motion postponing further action. When the Senate President asked how long he wished to lay the petition on the table, Norvell replied that it should "lie there forever."182 The Mormon Prophet also turned to the President of the United States for help. Martin Van Buren received Smith but showed little interest in his petition. He expressed the sentiment, if not the exact words, that "your cause is just but I can do nothing for you." The President's rationale for denying assistance to the Mormons was consistent "Memorial of a Delegation of the Latter Day Saints," January 28, 1840, box 4, folder 2, Joseph Smith Collection, MS 155, CHL. 180 181 "Mormons in Congress," Quincy Whig (Quincy, IL), February 29, 1840. See "Twenty-Sixth Congress. First Session," Daily National Intelligencer (Washington, DC), January 29, 1840. The Senate referred the petition to the Judiciary Committee who ultimately suggested the Mormons seek relief from the Missouri courts rather than Congress. See Bushman, Joseph Smith : Rough Stone Rolling, 397-398. 182 75 with the many rejections the Latter-day Saints had received in the past. Nonetheless, Van Buren's rebuff proved particularly galling to the Mormon Prophet.183 Smith made his displeasure known to the President's advisors, suggesting that he would encourage the Mormons to oppose Van Buren's reelection. The advisors quickly turned to Senator James Buchanan to mollify the Latter-day Saint leader. Buchanan greeted the Mormon Prophet warmly and listened to him sympathetically.184 He soon found that Smith could not be appeased however. Buchanan noted that Smith "was quite indignant at President Van Buren" and intended to "use all influence to prevent his people from voting for him." Buchanan attempted to persuade Smith that the President was only following constitutional restrictions on federal power. Not surprisingly, the Senator's legal explanations only fueled Smith's anger at the federal government in general and President Van Buren in particular.185 Smith left Washington shortly after meeting with Senator Buchanan and wasted little time following through on his threats. Smith publicly denounced Van Buren in harsh terms to anyone who would listen. The Mormon Prophet claimed that his dog would make a better President, "for my dog will make an effort to protect his abused and insulted master, while the present chief magistrate will not so much as lift his finger to 183 Bushman, Joseph Smith : Rough Stone Rolling, 392-393. 184 Senator Buchanan was a lawyer with decades of experience in the federal government. While serving as a Member of Congress, he had been the Chair of the House Judiciary Committee. As a Senator, he had been a prosecutor in an attempt to impeach a Missouri federal judge. He was also well-steeped in the inner workings of Washington politics. See George Ticknor Curtis, Life of James Buchanan: Fifteenth President of the United States (New York: Harper & Brothers, 1883), 107. See "J. M. Bernhisel Account of Conversations with President James Buchanan," ca. June 1859, box 61, folder 3, BYP. 185 76 relieve an oppressed and persecuted community."186 While indifference to the plight of the Mormons may have informed Van Buren's hands-off policy toward the Latter-day Saints, the general weakness of the federal government played an important role as well. From the beginning, Washington was consumed with fighting Indian wars and building infrastructure. They had little time or resources for dealing with conflicts between settlers.187 Even in the territories that came under the direct supervision of Washington, local leaders often found themselves largely on their own when it came to providing security.188 In addition, Americans of this time seemed to favor a weak national government. Martin Van Buren had discovered this when he tried to strengthen the state and territorial militia system with a plan for Washington to provide supervision and training for all soldiers. His proposal met with fierce resistance and charges that the plan was the first step in creating a large standing army that the federal government could command for tyrannical purposes.189 Not surprisingly, this weakness of both state and federal governments left people like the Mormons with few options when it came to dealing with frontier violence. This convinced Smith that to secure his American Zion he would have to assert his own political and military power. 186 "A Glance at the Mormons," Alexandria Gazette (Alexandria, VA), July 11, 1840. 187 Rohrbough, Trans-Appalachian Frontier, 74. 188 Rohrbough, Trans-Appalachian Frontier, 109-111. 189 Holt, The Rise and Fall of the American Whig Party, 110. 77 "Political and Military Mormonism" On September 28, 1843, Joseph Smith invited Bernhisel to become a member of the "Anointed Quorum." It was a small group that Smith had organized for the express purpose of holding private prayer meetings. During the gatherings of the Anointed Quorum the participants received spiritual instruction and engaged in certain religious rituals that Smith had not introduced to the general church membership. At the conclusion of these prayer meetings, the group often stayed to discuss the many problems threatening Nauvoo's survival. The members of the Anointed Quorum were made up of some of Smith's most trusted associates.190 At the time Bernhisel joined the group, he was one of only sixteen members.191 He increasingly became involved with efforts to respond to the gathering storm threatening the city.192 It was a daunting task however. By the fall of 1843, Nauvoo had become an armed camp. Meanwhile, citizens in the surrounding communities were calling for the Mormons to leave the state. Ironically, Mormon military and political power had become the center of the conflict. Following his visit to Washington, Smith had concluded that he could not depend on the federal government to intervene militarily on the side of the Mormons in their conflicts with frontier settlers. Therefore, he started a private militia to give him the 190 Hedges et al., The Joseph Smith Papers. Volume 3, xx-xxi. 191 Hedges et al., The Joseph Smith Papers. Volume 3, 104-105. 192 Hedges et al., The Joseph Smith Papers. Volume 3, 130. After the religious portion of the meeting on November 15, 1843, the group discussed sending a petition to Congress. See also Devery S. Anderson and Gary James Bergera, Joseph Smith's Quorum of the Anointed, 1842-1845: A Documentary History (Salt Lake City: Signature Books, 2005), xxix. 78 military power to secure Mormon Nationalism. Soon, the Mormons had the largest city militia in Illinois. At first this militia, known as the Nauvoo Legion, had caused little controversy as other communities had created similar forces in response to the inadequacies of the Illinois State Militia.193 However, when the Nauvoo Legion grew to over two thousand soldiers, it provoked fear in the surrounding region.194 One newspaper predicted that maintaining such a sizeable force would make it impossible for the Mormons to "long live in peace with the neighboring country."195 Smith did not seem to understand the concerns of his neighbors however. Less than a year after creating the Nauvoo Legion, he appeared with other Church leaders at the laying of the cornerstone of the Nauvoo Temple in full military dress. They were accompanied by hundreds of armed militiamen and introduced by the firing of artillery.196 The Nauvoo Legion then began holding weekly drills - all during peacetime. Smith's insistence on making a show of Mormon military might flew in the face of a long held American belief that regarded standing armies as tools of tyranny.197 193 Bennett, Black, and Cannon, The Nauvoo Legion in Illinois, 42-44. The Illinois militia had proven itself unfit for battle on several occasions. It did not fight at all in the Black Hawk War of 1832. Instead private militias took its place and fought alongside federal troops. 194 Bennett, Black, and Cannon, The Nauvoo Legion in Illinois, 98. 195 "Mormons," Bloomington Herald (Bloomington, IA), November 20, 1840. "Celebration of the Anniversary of the Church," Times and Seasons (Nauvoo, IL), April 15, 1841. Later, Tomas C. Sharp, who was a leader in the movement to drive the Mormons from Illinois, traced his animosity toward the Latter-day Saints to this event. See John E. Hallwas and Roger D. Launius, Cultures in Conflict a Documentary History of the Mormon War in Illinois (Logan: Utah State University Press, 1995), 55. 196 197 Howe, What Hath God Wrought, 491. 79 The weekly drills of the Nauvoo Legion soon created grave concerns among residents in Illinois, Iowa, as well as Missouri. The Iowa City Standard reported, "The excitement on both sides of the river against the Mormons is increasing very fast. The conduct of Jo Smith and the other leaders, is such that no community of white men can tolerate."198 Meanwhile, in nearby Warsaw, the first of many meetings to respond to "political and military Mormonism" convened on June 5, 1841. The Warsaw Signal newspaper also editorialized against the Nauvoo Legion. Citizens look to this thing! Ask yourselves what means this array of military force, which is paraded under the direction of this church. Is an army necessary to propagate religion? Is it necessary to protect their civil rights? Why then this parade? Are they so patriotic as to have no other end than the safety of the state in view? Why these weekly parades? Why all this strictness of discipline? We pause for a reply.199 Smith's military force was only part of the concern of area residents. Since the federal government was unlikely to intervene in Mormon disputes with state and county officials, Smith sought to exercise control over local governments. He soon discovered that the steady stream of new converts from the eastern United States and Europe had given the Mormons a powerful voting block that was attracting the attention of politicians.200 Soon, the Mormon vote was so large that it was deciding elections in several counties of western Illinois.201 In response, one local newspaper wryly suggested "The Mormons," The Iowa City Standard, September 3, 1841. (emphasis in the original) 198 "The Mormons," The Warsaw Signal (Warsaw, IL), June 9, 1841. The editor also called for the removal of the state arms given to the Nauvoo Legion. 199 200 201 Ashurst-McGee, "Zion Rising," 279. For a study of how the Mormon vote became a deciding factor in many Illinois elections see Flanders, Nauvoo: Kingdom on the Mississippi, 220-241. The impact of Mormon block voting became evident to Nauvoo's neighbors by the end of 1840. One 80 that the Mormon Prophet "be delegated to do all our voting."202 Soon Smith was using his political power to assert judicial prerogatives that outraged his neighbors. Illinois residents charged that Smith was claiming more power for the Nauvoo municipal court than the state legislature had intended to grant it.203 This included issuing writs of habeas corpus for legal process originating from outside the city. Not surprisingly, such claims of judicial power only worsened the crisis.204 By the fall of 1843, people from throughout Illinois had seen enough of Mormon Nationalism. While local residents had once welcomed the Mormons to Illinois, they had fully expected them to assimilate with other citizens. They never expected them to exert a controlling military and political influence over the region for their own purposes. 205 newspaper wrote, "In political matters, they all go as one man--just as Jo. Smith bids them. Already they have changed the political complexion of Adams County, and will soon have Hancock under their control." See "Mormons," Bloomington Herald (Bloomington, IA), November 20, 1840. 202 "[We neglected to mention]," The Warsaw Signal (Warsaw, IL), June 16, 1841. Ford and Shields, A History of Illinois, 265. Governor Ford states, "It must be acknowledged that these charters were unheard-of and anti-republican in many particulars; and capable of infinite abuse by a people disposed to abuse them. The powers conferred were expressed in language at once ambiguous and undefined; as if on purpose to allow of misconstruction." 203 John S. Dinger, "Joseph Smith and the Development of Habeas Corpus in Nauvoo, 1841-1844," Journal of Mormon History 36 (Summer 2011): 136-137. 204 "Inaugural of Gov. Grover," The Warsaw Message (Warsaw, IL), November 29, 1843. The "Warsaw Legislature" was an organization that area residents had established to discuss political problems in the region. William Grover was the leader of this organization. He gave a speech in which he suggested the primary problem with the Mormons was their refusal to assimilate with their neighbors. "Gathered from nearly every state in the Union, and from many of the nations of the Old World: - born under different laws, and educated in different schools, it would be strange if we did not find great varieties of character. Without indulging in any invidious comparisons, it may be fairly presumed that all have their virtues and their faults: but in the assimilation which few years must effect, it is not unreasonable to hope that while their virtues will receive 205 81 Now they began petitioning the Illinois government to curtail the political and military power of the Latter-day Saints. They demanded the state dissolve the Nauvoo Charter, disband the Nauvoo Legion, and retrieve the state arms from the Mormons. They also sent an ultimatum to Governor Thomas Ford to take immediate legal action against Joseph Smith.206 In a letter of September 14, 1843, a vigilance committee based in Carthage demanded Ford call out the state militia to arrest Smith and extradite him to Missouri. The members of the committee threatened to "call in aid from other counties and other states" to capture Smith if the Governor failed to do his duty.207 Ford refused to call out the militia however and declined to issue a new arrest warrant. His refusal enraged residents in three states.208 One newspaper reported that Ford's decision "has awakened a spirit which we fear may end in bloodshed. The Missourians, 20,000 in number it is said, stand ready to cooperate with the Illinoians."209 Meanwhile, on November 29, 1843, new luster from the conflict of opposing opinions, their vices will be lost with the identity of their origin." See also Hallwas and Launius, Cultures in Conflict a Documentary History of the Mormon War in Illinois, 97-98. 206 Littlefield, Reminiscences of Latter-Day Saints, 129. The author, who witnessed the events surrounding Smith's rescue from the arresting officers notes, "Soon a general excitement spread through Hancock County and then through the entire State against our people." "Anti-Mormon Meeting," Davenport Gazette (Davenport, IA), September 14, 1843. (emphasis in the original) The editor also suggests that "All may be remedied, if the Mormons, as a religious body, will but eschew politics and amalgamate with our citizens -- but we fear it is too late to do even that." 207 208 Ford and Shields, A History of Illinois, 315-316. "Anti-Mormon Meeting," Davenport Gazette (Davenport, IA), September 14, 1843. Residents also stated that, "As rumors were prevalent that a number of citizens had had their lives threatened by the Mormons, the meeting resolved to avenge any blood that might be so shed. They agreed not to obey the mandates of the Mormon officers of the 209 82 community leaders in nearby Warsaw made plans to form their own military force to oppose the Mormons.210 By the end of 1843, Smith had discovered that "political and military Mormonism" was on the verge of collapse. Meanwhile, his neighbors began following a well-established frontier tradition of creating vigilante organizations when they felt that established governments had failed to preserve law and order.211 The will of the majority now overrode the rule of law and vigilante forces would soon have sufficient numbers to overwhelm the Nauvoo Legion. Meanwhile, Smith found that his influence with Illinois politicians had virtually disappeared. While he still commanded a sizeable block of votes, Smith had overplayed his hand. He had switched his loyalties to suit the occasion making himself an enemy of both the Whigs and the Democrats. Soon Smith's former political allies were fanning the flames of vigilante violence.212 The Mormon Prophet was rapidly coming to the conclusion that the survival of Nauvoo was in peril. In response, he called together his most trusted advisors to find an answer. "Ye are my Constitution" On March 11, 1844, the Mormon Prophet made Bernhisel a charter member of a new organization that eventually became known as the "Council of Fifty." Smith wanted county, who have been put in power by the Mormons; the whole county treasury being now at their disposal." 210 "Inaugural of Gov. Grover," The Warsaw Message (Warsaw, IL), November 29, 1843. 211 Brown, Strain of Violence Historical Studies of American Violence and Vigilantism, 98. 212 Ford and Shields, A History of Illinois, 268-269. 83 the group to find a place outside the United States to establish the American Zion. Once established, Mormon Nationalism could flourish, and the Latter-day Saints could achieve the political and military power they needed to survive long-term. Smith charged the council with evaluating several possible locations for this new homeland including the Republic of Texas, Oregon, and the Upper California province of Mexico.213 The members of the Council of Fifty soon threw themselves into their work. While some members such as Sidney Rigdon used the meetings to deliver lengthy discourses on Biblical prophecies, others such as Bernhisel discussed the practical steps that the Mormons needed to consider in order to create a new settlement outside of the reach of the peoples and governments of the United States.214 All the members of the council keenly felt the importance of their mission and were convinced it would deliver the Mormons from their enemies.215 Smith charged the Council of Fifty with serving as the governing body of a new settlement to be built "in some distant and unoccupied territory."216 The members of the 213 Bernhisel was one of twenty-three initial members of the Council of Fifty. See entry of March 11, 1844 in Grow et al., Council of Fifty, Minutes, 40-45. See also Clayton, An Intimate Chronicle, March 11, 1844. Smith was particularly interested in making a treaty with the Republic of Texas for an autonomous region that would serve as a settlement for the Mormons. See Michael Van Wagenen, The Texas Republic and the Mormon Kingdom of God (College Station: Texas A & M University Press, 2002), 33-34. Smith sent a representative to meet with President Sam Houston of Texas to discuss the possibility of the Mormons establishing a settlement to serve as a buffer between Texas and Mexico. See Grow et al., Council of Fifty, Minutes, 48n102. 214 See entry of March 26, 1844 in Grow et al., Council of Fifty, Minutes, 62-73. 215 See entry of March 11, 1844 in Grow et al., Council of Fifty, Minutes, 40-45. See also "History of Brigham Young," Latter-day Saints' Millennial Star (Manchester, GB), May 21, 1864. 216 84 council were soon swept up in the notion that they were literally creating the kingdom of God on Earth as described in the Old Testament book of Daniel. They looked to Nebuchadnezzar's dream for an explanation of why previous attempts to establish the American Zion had failed. The dream depicted a statue that was made of four metals but with feet of clay. Council member Erastus Snow noted that "as the Iron would not mix with the clay no more would the principles of eternal truth mix with dogmas of Sectarianism, nor the principles of the Kingdom of God amalgamate with the injustice and oppression of the kingdoms of the world."217 The members of the Council of Fifty concluded that the good and honest people of the earth would assimilate with the Mormons in this new homeland while the wicked would be destroyed.218 Smith was convinced that this new settlement would produce a just society that would bring shame on the United States.219 The Mormon kingdom would be superior in every way to any other government on earth and attract people from every nation. It would even have a constitution that would be superior to the United States constitution. Toward this end he appointed a committee to write a constitution for the new settlement.220 Smith directed that it "should be perfect, and embrace those principles 217 See entry of March 19, 1844 in Grow et al., Council of Fifty, Minutes, 50-54. Erastus Snow had joined the Church in 1833 and was a missionary and local Church leader. See Grow et al., Council of Fifty, Minutes, 623. 218 See entry of March 21, 1844 in Grow et al., Council of Fifty, Minutes, 54-61. 219 Hedges et al., The Joseph Smith Papers. Volume 3, 200-201. 220 The Council of Fifty appointed John Taylor, W. W. Phelps, Parley P. Pratt and Willard Richards to write the constitution. See entry of March 19, 1844 in Grow et al., Council of Fifty, Minutes, 50-54. John Taylor and Parley P. Pratt were Apostles. W. W. Phelps was a newspaper editor who often worked for Joseph Smith as a clerk. Willard 85 which the constitution of the United States lacked."221 The undertaking soon provided important insights into how Mormon leaders would govern their new settlement and the conflicts it would create with Washington. Over time a consensus developed that a written constitution may have been a misguided endeavor. Brigham Young suggested a solution saying, "the voice of God shall be the voice of the people."222 This suggested that Joseph Smith should not only serve in this new Mormon kingdom as its "prophet and priest" but also as its "king" - effectively uniting Heaven and Earth politically as well as spiritually.223 After considerable discussion, Smith told the members of the council to "let the constitution alone." He then produced a revelation that read in part "Verily thus saith the Lord, ye are my constitution, and I am your God, and ye are my spokesmen."224 This revelation, Richards was a doctor and one of Joseph Smith's scribes. See Grow et al., Council of Fifty, Minutes, 612-615, 624-625. 221 See entry of March 19, 1844 in Grow et al., Council of Fifty, Minutes, 50-54. Smith had long grown weary of the constitutional arguments of the federal government in refusing to address the conflicts between the Mormons and the State of Missouri. In a meeting of Church leaders on November 29, 1843, Smith angrily lashed out at the federal government saying, "State rights doctrines are what feed mobs. They are a dead carcass - a stink, and they shall ascend up as a stink offering in the nose of the Almighty." Under such a system, Smith argued, the Mormons had no choice but to meet violence with violence when state governments were either unwilling or unable to provide protection. See Roberts, History of the Church, 94-95. 222 See entry of April 5, 1844 in Grow et al., Council of Fifty, Minutes, 80-84. Charles C Rich was a local Church leader. See Grow et al., Council of Fifty, Minutes, 614-615. 223 224 See entry of April 11, 1844 in Grow et al., Council of Fifty, Minutes, 85-107. See entry of April 25, 1844 in Grow et al., Council of Fifty, Minutes, 136-137. At this time, the Council of Fifty had members who were not Latter-day Saints. See Grow et al., Council of Fifty, Minutes, xxxvi-xxxvii. It is not clear what role they would play in the "living constitution." 86 unknown to most Church members of the time, suggested that the American Zion would be a government of inspired men rather than one of written laws. Smith did not have a chance to completely develop his concept of a living constitution before his death two months later. Nauvoo was coming under attack and Smith needed to direct his energies toward saving the city.225 He knew that he needed outside assistance to protect Nauvoo, but was running out of options. Illinois Governor Thomas Ford had consistently claimed that he did not have the power protect the Mormons or to redress past grievances.226 Smith had also petitioned Congress to declare Nauvoo a United States territory and supply troops to protect it.227 He felt this action would save the city and preserve Mormon Nationalism indefinitely.228 Smith also hoped 225 See entries of March 19, 1844 and March 21, 1844 in Grow et al., Council of Fifty, Minutes, 50-61. On December 12, 1843, Ford wrote to Smith saying, "You ought to be aware that in every country individuals are liable to be visited with wrong, which the law is slow to redress and some of which are never redressed in this world." Church Historian's Office, History of the Church, CR 100/102, volume 6, 1791. See also Thomas Ford to Joseph Smith, December 12, 1843, box 3, folder 5, Joseph Smith Collection, MS 155, CHL. (emphasis in the original) 226 227 On December 21, 1843, Smith had proposed that Washington make Nauvoo a territory of the United States effectively making it an independent government. Under this plan, Smith would have the power to command United States troops "to repel the invasion of mobs, keep the public peace, and protect the innocent from the unhallowed ravages of lawless banditti." According to the plan, territorial status for Nauvoo would continue until Missouri compensated the Mormons for the losses they had incurred when Governor Boggs expelled them from the state. See Roberts, History of the Church, 6:130-132. See also John S. Dinger, ed., The Nauvoo City and High Council Minutes (Salt Lake City: Signature Books, 2011), 192-194. Joseph Smith wanted to place Nauvoo on "a firm and strong footing, because if we have the sanction of Congress to our Charter it will make us an independent government. It will set us everlastingly free, and give us the United States troops to guard us and protect us from any invasion." See entry of April 18, 1844 in Grow et al., Council of Fifty, Minutes, 108-130. 228 87 to have the help of Congress in securing a military force, under his own command, to protect any new settlements that the Mormons might create outside of the United States.229 Congress had no interest in granting the Mormon Prophet's requests however. Smith had also begun a letter-writing campaign to lobby Congress to help the Latter-day Saints.230 This included writing to Presidential candidates asking for their support in return for Mormon votes.231 When all these efforts failed to produce satisfactory results, Smith declared himself as a candidate for the Presidency of the United States - possibly to highlight the failure of the federal government to provide relief to the Mormons. 232 He then prevailed on newspaper editor W. W. Phelps with assistance from John Bernhisel to create a pamphlet entitled "Gen. Smith's Views on the Power and Policy of the U. S." This campaign literature contained a progressive platform for dealing with the important issues of the day - not the least of which was the problem 229 Members of the council drafted a petition for Congress to recognize the Mormon Prophet as a member of the Army with full authority to enlist volunteers to protect the lands bordering the United States from invasion. See entry of March 21, 1844 in Grow et al., Council of Fifty, Minutes, 54-61. Smith made clear to the Council of Fifty however that his real plan was to use this military force to protect new Mormon settlements so they could become "independent governments" that were strong enough to resist assimilation into American society. "We consider ourselves the head, and Washington the tail. We can make laws and send them abroad and not say anything to them about it, until we get ourselves firm set beyond their power." See entry of April 18, 1844 in Grow et al., Council of Fifty, Minutes, 108-130. 230 Hedges et al., The Joseph Smith Papers. Volume 3, xv. See Joseph Smith's journal entry of December 27, 1843 in box 1, folder 7, Joseph Smith Collection, MS 155, CHL. 231 "Who Shall be our Next President?" Times and Seasons (Nauvoo, IL), February 15, 1844. 232 88 of vigilante violence.233 Mormon missionaries then held public meetings and distributed the pamphlet widely in the East. In addition, Smith's clerks saw that the nation's newspapers received a copy.234 The Mormon Prophet's candidacy gained little attention nationally. Locally it engendered enormous resentment however. In nearby Warsaw, one newspaper complained that the literature Bernhisel had helped create portrayed Smith as "one of the greatest statesmen and scholars of the age." The paper suggested that if readers really wanted to know the truth, "let them but refer to the manner in which he conducts the affairs of the Holy City, as Mayor." The article then concluded by saying, "there never was as much tyranny practiced in any city or country since the days of Caligula and Nero."235 Smith soon found that all his attempts to secure Nauvoo from attack had been for naught. Once again, the federal government had no interest in the Mormon conflict. In addition, Governor Ford had emphasized that he was powerless to restrain the determination of angry Illinois residents to expel the Latter-day Saints from Nauvoo. Meanwhile, in the midst of this growing crisis with outsiders, Smith inexplicably created a serious crisis within the ranks of his most loyal followers. Combined with the outside pressure of those who wished to rid themselves of the Mormons, the internal crisis "Who Shall be our Next President?" Times and Seasons (Nauvoo, IL), February 15, 1844. Hedges et al., The Joseph Smith Papers. Volume 3, 179. See also Joseph Smith, General Smith's Views of the Powers and Policy of the Government of the United States (Nauvoo, IL: John Taylor, Printer, 1844), 1-8. 233 234 Church Historian's Office, Journal, 1844-1849, February 27, 1844, CR 100/1, CHL. 235 "For the Warsaw Signal," The Warsaw Signal (Warsaw, IL), April 24, 1844. 89 proved to be the undoing of Joseph Smith. "I Said Emphatically ‘Don't Go'" By the spring of 1842, the Mormon Prophet had quietly begun teaching a small group of Latter-day Saints of a new doctrine known as the "plurality of wives." By the time Bernhisel arrived in Nauvoo in 1843, several Church leaders had at least one plural wife while Smith had over thirty - including at least ten who were still married to other men. Polygamy proved to be an explosive doctrine and it received fierce opposition from several Church leaders who felt that it was evidence that Smith had become a fallen prophet.236 In response, Smith lashed out at these critics, labelling them as traitors. On April 18, 1844, Smith summoned Bernhisel to an emergency meeting of top Church officials. When Bernhisel arrived, he discovered that the meeting was a trial in absentia of one of the highest-ranking Church leaders - William Law. Bernhisel, along with the others present, voted to excommunicate Law and four others for "unchristianlike conduct."237 Smith then proceeded to blacken their names.238 In response, Law and several other prominent Mormons created the "Reformed Mormon Church" and on June 7, 1844, published the first and only issue of a newspaper called, The Nauvoo Expositor. The Nauvoo Expositor made several explosive charges of wrongdoing against Smith. In addition to the practice of polygamy, the editors accused Smith of despotism, financial improprieties, and claimed that he was behind many of the thefts that had 236 Bushman, Joseph Smith : Rough Stone Rolling, 437-438. 237 Roberts, History of the Church, 6:341. Bushman, Joseph Smith : Rough Stone Rolling, 528. The others were Wilson Law, Jane Law, Robert Foster, and Howard Smith. 238 90 occurred in the neighboring communities.239 The newspaper also revealed that the Council of Fifty had proclaimed Smith as a "prophet, priest, and king" in a way that alarmed Nauvoo's already nervous neighbors.240 Finally, the paper called for the arrest of Smith and his extradition to Missouri.241 Nothing could have infuriated Smith more. On June 10, 1844, Bernhisel attended a fateful meeting of the Nauvoo City Council to discuss The Nauvoo Expositor.242 The Mormon Prophet claimed that the paper was "exciting our enemies abroad." He charged the reformers with a plot "to raise a mob on us and take the spoil of us as they did in Missouri." Smith felt the threat was so serious that "he would rather die tomorrow and have the thing smashed, than live and have it grow." In response, the City Council authorized the destruction of the press. Bernhisel accompanied the posse of some two hundred men who carried out the order a few hours later. They then reported to the Mormon Prophet who told them that they "had done right and that not a hair of their head should be hurt for it."243 Smith however would lose his life for it. The destruction of the opposition newspaper unleashed the long pent up fury of area residents who used Smith's actions as a rallying cry to unite vigilantes in three states to rid the region of the Mormons. On June 20, 1844, Bernhisel appeared before a justice of the peace with fellow 239 "Preamble," The Nauvoo Expositor (Nauvoo, IL), June 7, 1844. 240 See entry of April 11, 1844 in Grow et al., Council of Fifty, Minutes, 85-107. 241 "Preamble," The Nauvoo Expositor (Nauvoo, IL), June 7, 1844. 242 Roberts, History of the Church, 467-468. In a letter written less than a week after the destruction of The Nauvoo Expositor, Bernhisel indicated that he was "an eye - and earwitness" of the events surrounding the destruction of the opposition newspaper. 243 Roberts, History of the Church, 432. 91 Council of Fifty member John P. Green.244 They swore out an affidavit stating, "A body of citizens, in a mass meeting convened on the 13th instant at Carthage, resolved to exterminate the Latter-day Saints of the said city of Nauvoo." They went on to say, "armed men, cannon, arms and munitions of war are transported in steamboats navigating the waters of the United States."245 Governor Ford responded to the crisis by traveling to Carthage in an effort to mediate a solution to the rapidly escalating conflict. He invited the Mormon Prophet to meet with him and the owners of The Nauvoo Expositor. Smith refused to attend however - fearing that area residents would likely murder him. Instead, he sent Bernhisel and Apostle John Taylor to represent him. Ford heard both parties during a heated meeting of June 22, 1844. Bernhisel and Taylor read numerous sworn statements about the events leading up to the destruction of The Nauvoo Expositor. William Law and his allies angrily denounced the statements as lies. The meeting soon disintegrated into a shouting match. With a negotiated solution out of reach, Ford met privately with Bernhisel and Taylor. The Governor insisted that the only solution was for Smith to stand trial in the circuit court in Carthage for the destruction of The Nauvoo Expositor. The Governor gave his word to Bernhisel and Taylor that he would guarantee the safety of the Latter-day Saint leader. Ford also warned that if the Mormon Prophet did not comply, that he might not be able to control Anderson and Bergera, Joseph Smith's Quorum of the Anointed, 1842-1845, 222. Greene joined the Council of Fifty in March of 1844. He became a member of the Anointed Quorum on May 11, 1844. He was also the Nauvoo City Marshal. 244 245 John P. Greene and John M. Bernhisel affidavit, June 20, 1844, box 1, folder 51, Joseph Smith's Office Papers, MS 21600, CHL. 92 vigilantes or even the state militia soldiers from destroying Nauvoo.246 Bernhisel and Taylor returned to the city to meet with Smith. Their report of the meeting with Governor Ford infuriated him. His first impulse was to leave for Washington with Bernhisel and his other advisors to "lay the matter before President Tyler." Smith concluded that first he needed to go into hiding for his own protection. Consequently, he and his brother Hyrum crossed the Mississippi River into Iowa late in the evening. Their departure shocked Smith's followers who felt that he was abandoning Nauvoo just when a vigilante army was threatening to sack the city.247 On the morning of June 23, 1844, Bernhisel crossed the Mississippi River to the safe house in Iowa that only he and a handful of other people knew about. Joseph and Hyrum Smith were preparing to depart for Washington to once again seek the intervention of the federal government.248 Clothing, sacks of flour, and other provisions littered the floor. Bernhisel had met with the captain of the posse that Ford had assigned to arrest Smith. The captain assured Bernhisel that the Governor controlled the city of Carthage and could guarantee the safety of the prisoners. Bernhisel met privately with the Smith brothers and conveyed these assurances. Joseph and Hyrum Smith later sent a letter to Governor Ford agreeing to surrender based on Bernhisel's statements.249 246 Hedges et al., The Joseph Smith Papers. Volume 3, 301-302. See also Grow et al., Council of Fifty, Minutes, 196-197. 247 Roberts, History of the Church, 6:548-549. 248 Joseph Smith to Emma Smith, June 23, 1844, box 2, folder 8, Joseph Smith Collection, MS 155, CHL. The letter indicates that the Smith brothers had not decided on a final destination but hoped to find a way to get to Washington to appeal to the federal government for help. 249 Hedges et al., The Joseph Smith Papers. Volume 3, xxvi. 93 Bernhisel accompanied Smith on June 24, 1844 as he headed to the circuit court to face charges of riot in connection with the destruction of The Nauvoo Expositor.250 Bernhisel later recounted an incident that occurred four miles from the city of Carthage. On the morning of the 24th of June, 1844, on our arrival at Mr. Fellow's en route for Carthage I leaped from a buggy in which I had been riding in company with Dr. Richards; Joseph being still seated on his favorite horse, and the solemnities of eternity seemed to be resting upon his mind, and looking me full in the face he said; "I am going like a lamb to the slaughter, but I am as calm as a summer's morning; I have a conscience void of offense toward God and man, and I am not afraid to die."251 The arrival of Colonel Cooley, Aide de Camp to Governor Ford, had prompted Smith's melancholy statement. He and a large contingent of the Illinois militia took Smith into custody and confined him to the jail in Carthage. They dismissed Smith's bodyguards and only allowed a handful of unarmed followers to remain with him.252 Smith tried to post bail, but the state quickly charged him with treason for putting Nauvoo under martial law. The new charge required a separate bail hearing assuring that Smith would remain in jail for several more days.253 Bernhisel was one of the few people allowed to visit the Mormon Prophet. The conditions outside the jail shocked him. The troops assigned to protect Smith were in a state of near mutiny. Bernhisel feared that assassins waited to ambush the Mormon 250 Joseph and Hyrum Smith to Thomas Ford, June 23, 1844, box 2, folder 8, MS 155, Joseph Smith Collection, CHL. See also Hedges et al., The Joseph Smith Papers. Volume 3, xxvi. 251 John M. Bernhisel to George A. Smith, September 11, 1854, box 1, folder 80, Joseph Smith History Documents, CR 100/396, CHL. 252 Hedges et al., The Joseph Smith Papers. Volume 3, xxvi. 253 Oaks and Hill, Carthage Conspiracy, 18. 94 Prophet outside the courthouse. Clearly, things were not as Ford had represented. When Bernhisel complained to the Governor however Ford protested saying he was doing everything that he could.254 On June 26, 1844, Bernhisel found the security surrounding the jail deteriorating dangerously. When guards came to take Smith to the courthouse, Bernhisel tried to stop them. He later recounted, "I said emphatically don't go but in a short time he was escorted by the Military to the Court House. I don't think Joseph ever had any idea that he should return alive to Nauvoo."255 Realizing that the Mormon Prophet was in grave danger, Bernhisel joined a frantic effort to secure a change of venue, but it was too late.256 On the afternoon of June 27, 1844, the forces guarding the jail abandoned their posts. Some two hundred vigilantes broke in and killed Joseph and Hyrum Smith. The Mormon Prophet went down fighting however. Someone had smuggled a gun to him before the men stormed the jail. He shot some of his assailants before falling dead with the words, "Oh Lord, My God."257 The murder of the Smith brothers haunted Bernhisel for the rest of his life. The two men had surrendered under an agreement that he had helped negotiate and because of the assurances he had provided. It soon became apparent that the established institutions of law and order had little power on the frontier of western Illinois however. Instead, 254 Roberts, History of the Church, 6:593, 598. Minutes of August 12, 1855, box 3, folder 7, Church Historian's Office, General Church Minutes, CR 100/318, CHL. 255 256 Roberts, History of the Church, 6:576. 257 Ford and Shields, A History of Illinois, 353-354. 95 popular passions had substituted for the rule of law and collective violence had enforced their will. The death of the Smith brothers did not satisfy Nauvoo's angry neighbors. With established government collapsing in the area, Mormon militia forces would occupy two of the principal cities of Hancock County. In response a vigilante army made up of forces from three states would drive the Mormons from Illinois and turn Nauvoo into a virtual ghost town. Bernhisel would witness the suffering of the Latter-day Saints on the plains of Iowa and Nebraska. The doctor would spend much of the rest of his life trying to prevent such a catastrophe from happening again in the new settlements that the Mormons would build in the far reaches of the West. CHAPTER V "WINTER IS APPROACHING AGAIN" Brigham Young with a tragedy for his text was a more difficult man to deal with than Joseph Smith with a revelation to announce.258 --T. B. H. Stenhouse, Rocky Mountain Saints On August 8, 1844, Apostle Brigham Young assumed the leadership of the Latterday Saints. He was mournful, resolute, and angry. He was particularly enraged with Illinois officials who Young felt had betrayed his predecessor. Young made his feelings known in a speech before a Mormon audience in which he brandished a revolver and said that if any court attempted to serve him a writ, "I shall serve the contents of this writ first."259 He then informed Illinois government officers that he would not allow them to serve legal process anywhere in the city of Nauvoo.260 When state officials tested the Apostle's resolve by attempting to apprehend him, Young used imposters and 258 Stenhouse, The Rocky Mountain Saints, 213. 259 George A. Smith discourse of October 8, 9, 1868 in Young, Journal of Discourses, 13:110. 260 Ford and Shields, A History of Illinois, 405. As early as August 8, 1844, Young had declared that he would never allow Illinois officials to arrest him in light of what had happened to the Smith brothers. See Richard S. Van Wagoner, ed., The Complete Discourses of Brigham Young (Salt Lake City: Smith-Pettit Foundation; Distributed by Signature Books, 2009), I:44. 97 bodyguards to evade arrest.261 Meanwhile, on May 30, 1845, an anti-Mormon jury acquitted the accused killers of the late Mormon Prophet in a raucous trial at the Hancock County courthouse.262 The stage was now set for an escalation of the violence between the Mormons and their neighbors with both sides taking the law into their own hands Ironically, both the Latter-day Saints and the residents of Hancock County would make similar arguments for resorting to vigilantism. While Illinois Governor Thomas Ford continued to promote the "majesty of the law" he frankly told both sides that he had no power to enforce the law. In the absence of the restraining influence of established government, the Mormons and their neighbors increasingly resorted to collective violence. Under such conditions, the American Zion that the Mormons had hoped to carve out of the western Illinois frontier had no hope of survival. As the number of residents fearful of Mormon Nationalism increased, it soon became apparent that the Latter-day Saints would be forced to flee the region. Mormon leaders were well aware of the untenable position of Nauvoo. They had hoped to negotiate a peaceful withdrawal from their settlements. However, issues of internal dissent, the need to sell their property to finance the move west, and the desire to complete the temple that Joseph Smith had commenced complicated matters. Local residents were not willing to entertain any delays however. They threatened to employ deadly violence to force the Mormons out. Soon Bernhisel would find himself at the center of the storm enveloping the Latter-day Saints. 261 Heber C. Kimball Journal - November 21, 1845 to January 7, 1846 kept by William Clayton in Clayton, An Intimate Chronicle, December 23, 1845. 262 Ford and Shields, A History of Illinois, 367-369. See also Oaks and Hill, Carthage Conspiracy, 184-185, 210. 98 "The Next Bullet that will be Shot Will Reach My Heart" The murder of the Mormon Prophet had stunned Bernhisel. Having failed to negotiate a successful resolution to the crisis surrounding the destruction of The Nauvoo Expositor, he was now faced with another difficult task. The death of Smith was leading to factionalism within the Church. Bernhisel soon found himself negotiating between the various competing parties. Emma Smith, the martyred leader's widow, argued with Young and other Mormon officials over property and debts. Complicating matters further was the fact that her family's assets were hopelessly entangled with the Church's financial holdings.263 In addition, Emma opposed Young's claim to be her late husband's successor. For his part, Young felt Emma was interfering with his attempts to establish order during a time of crisis.264 Bernhisel was one of the few people who had the trust of both sides.265 Bernhisel continued to live in the Smith home after the death of the Mormon Prophet. He was both a teacher and surrogate father to the slain Latter-day Saint leader's children. He helped Emma with her newborn son David Hyrum Smith. Bernhisel watched over the interests of the Smith family and became a trusted advisor.266 The doctor also 263 Clayton, An Intimate Chronicle, August 15, 1844 and August 18, 1844. Clayton discusses a series of heated meetings between Emma Smith, Brigham Young, and other Mormon leaders. 264 Linda King Newell and Valeen Tippetts Avery, Mormon Enigma: Emma Hale Smith, 2nd ed. (Urbana, Ill.: University of Illinois Press, 1994), 203-209. 265 Brigham Young to John Bernhisel, June 22, 1846, box 16, folder 7, BYP. In this letter, Young asks Bernhisel to help convince Emma to sell some land to the Church. For a more detailed description of Bernhisel's relationship with the Smith family see Bruce W. Worthen, "A Member of the Family: Dr. John Milton Bernhisel and the 266 99 continued to serve on the Council of Fifty.267 Because of his unique position, Bernhisel played a key role in the affairs of Nauvoo as well as in Young's plans to relocate the Latter-day Saints.268 There was one matter that Bernhisel avoided however - and that was the debate over Smith's successor. Young first heard rumors of the death of the Mormon Prophet while he was preaching in the city of Boston on July 9, 1844 but had held out hope that the reports had been untrue.269 A week later however when letters from Nauvoo confirmed the death of Smith, Young fell into despair. He felt that the Church could no longer operate without its founding leader. Young had an epiphany a short time later while listening to an account of the carnage at Carthage jail however. He concluded that the slain Mormon Prophet had left his power and authority with the Apostles. He then decided to return to Nauvoo to take the reins of power in his capacity as President of the Quorum of the Twelve Apostles.270 Aftermath of the Martyrdom of Joseph Smith," The John Whitmer Association Journal 36 (Spring/Summer 2016): 110-130. 267 Clayton, An Intimate Chronicle, January 28, 1845. 268 Clayton, An Intimate Chronicle, February 14, 1845. Young decided to make Bernhisel a "Traveling Bishop" giving him both secular and ecclesiastical authority throughout the Church. Young proposed Bernhisel's ordination to the Council of Fifty on March 11, 1845 saying he wanted "brother Bernhisel to throw away his pill bag and be ordained a travelling Bishop." See entry of March 11, 1845 in Grow et al., Council of Fifty, Minutes, 295-322. "History of Brigham Young," Latter-day Saints' Millennial Star (Manchester, GB), May 28, 1864. 269 "History of Brigham Young," Latter-day Saints' Millennial Star (Manchester, GB), June 4, 1864. Under the date of July 16, 1844, Young records that while hearing an account of the murder of the Smith brothers he came to the conclusion that "the keys of the kingdom are right here with the Church." See also "Remarks by President Brigham Young," October 8, 1866, box 5, folder 20, Church Historian's Office, Report of 270 100 Young left for Nauvoo on July 24, 1844. Along the way other Apostles joined him. "We continued to journey night and day by railroad, stage, and steamboat," Young later remembered.271 They all arrived in the city on the evening of August 6, 1844.272 Much to his dismay however Young found that another individual was already in the city making his own claims to the top leadership post. Sidney Rigdon had arrived in Nauvoo on August 3, 1844 and wasted little time trying to convince the Latter-day Saints of his divine mandate to take the reins of power.273 Rigdon had already spoken to several Church gatherings claiming that God had appointed him as Smith's "spokesman" and the "guardian of the Church."274 Meanwhile, confusion reigned in Nauvoo as several other individuals were making their case to be Smith's successor.275 After much discussion, Young scheduled a meeting of the general Speeches, CR 100/317, CHL. In this speech Young states that Joseph Smith told him "you are the only man living on this earth who can counsel and direct the affairs of the kingdom of God on the earth." "History of Brigham Young," Latter-day Saints' Millennial Star (Manchester, GB), June 4, 1864. 271 272 Clayton, An Intimate Chronicle, August 7, 1844. 273 Van Wagoner, Sidney Rigdon, 336-337. See also Clayton, An Intimate Chronicle, August 4, 1844 and August 6, 1844. Rigdon seemed anxious to have the matter of succession settled before the Apostles arrived, but local leaders refused to accommodate him. 274 Gerrit John Dirkmaat et al., The Joseph Smith Papers. Documents Volume 3: February 1833 - March 1834 (Salt Lake City: Church Historian's Press, 2014), 324-325. Smith's revelation, dated October 12, 1833 tells Rigdon, "And it is expedient in me that you, my servant Sidney, should be a spokesman unto this people; yea, verily, I will ordain you unto this calling, even to be a spokesman unto my servant Joseph." Clayton, An Intimate Chronicle, July 6, 1844. William Clayton, Smith's private secretary, noted that "The greatest danger that now threatens us is dissensions and strifes amongst the Church. There are already 4 or 5 men pointed out as successors to the Trustee and President." See also Stenhouse, The Rocky Mountain Saints, 212-213. 275 101 Church membership on August 13, 1844 to decide the issue.276 Rigdon agreed to attend, but in the meantime continued to press his case to be Smith's successor. Rigdon gave a sermon to a large gathering of Mormons the day after meeting with the Apostles. He spoke for about one and half hours. He emphasized the continuity of Church leadership saying Smith was still in charge from beyond the grave. Rigdon also claimed that he had spoken with Young and the Apostles and that they were in full harmony with him. Rigdon even suggested that he might be reluctant to accept the top leadership post saying, "I know the next bullet that will be shot will reach my heart."277 Meanwhile, Rigdon did little to convince the Latter-day Saints that he could lead them through the gathering storm. The Mormons wanted strong leadership and they soon found it in Brigham Young. Young arrived at the assembly during Rigdon's sermon and decided that he had heard enough. He scheduled a general church meeting for later the same day to put an end to the controversy. At the afternoon meeting, Young addressed Rigdon's claims to be the guardian of the Church saying that the slain Mormon Prophet had "gone beyond the veil" and that if Rigdon wanted to serve as his spokesperson "he must go beyond the veil where he is." Young then observed that "there is more business than can be done this afternoon" and proposed to create an interim government - postponing a complete Bernhisel later reported that Smith had told him he expected one of his sons to succeed him, and that in the future his unborn son David Hyrum Smith would lead the Church. 276 Woodruff, Wilford Woodruff's Journal, 1833-1898, August 7, 1844. LaJean Purcell Carruth and Robin Scott Jensen, "Sidney Rigdon's Plea to the Saints," BYU Studies 53 (Spring 2014): 135-139. (emphasis in original) 277 102 reorganization to a later time.278 Under Young's plan, the Quorum of the Twelve Apostles would take the reins of the Church as a body. He proposed that Rigdon have a place in the interim government serving as a counselor to the Apostles. Young then promised that other Church leaders would continue in their current positions. Young got a near unanimous vote for all his proposals.279 Young then addressed the fears of the Mormons - promising that things would be different under the leadership of the Quorum of the Twelve Apostles. Speaking of the murder of the late Mormon Prophet, Young declared, "If the Twelve had been here we should not have seen him given up." Young then stated emphatically, "I'll swear to you I will not be given up."280 Young's actions in taking the reins of power provides important insights into how he would approach his leadership of the Mormons. He showed the ability to craft compromises and seek consensus. Nonetheless there was a certain stringency to his leadership style. He soon made clear that in the American Zion dissent was not acceptable. When Young discovered that Rigdon was privately preaching that his authority exceeded that of the Quorum of the Twelve Apostles, the Mormon leader promptly convened a religious tribunal and on September 8, 1844 excommunicated 278 Van Wagoner, The Complete Discourses of Brigham Young, I:43-45. See also Minutes of August 8, 1844, box 1, folder 22, CR 100/318, Church Historian's Office, General Church Minutes, CHL. Woodruff, Wilford Woodruff's Journal, 1833-1898, August 8, 1844. Rigdon wanted the congregation to vote on Young's proposal before considering his claim to be the guardian of the Church. The congregation's acceptance of Young's plan made a vote on Rigdon's proposal unnecessary. See also Van Wagoner, The Complete Discourses of Brigham Young, I:43-44. 279 280 Van Wagoner, The Complete Discourses of Brigham Young, I:44. 103 him.281 It proved to be the beginning of the end for the once prominent preacher from Pittsburgh. Rigdon left Nauvoo two days later and spent the rest of his life in a slow descent into madness. He lived in poverty and had to depend on the charity of others in order to survive.282 Meanwhile, Young continued to purge the Church of other dissenters. There was one dissident that Young could not easily rid himself of however. Emma Smith continued to oppose the leadership of Young and the Apostles. As far as she was concerned, anyone who had embraced the practice of polygamy was disqualified from succeeding her late husband.283 She refused to cooperate with the new leadership. One of the few people who was loyal to Young but could still communicate with Emma was Bernhisel. She had implicit confidence in the distinguished physician. She even trusted him with one of her most prized possessions - one that she had refused to provide to Young and the Apostles. On August 19, 1844, Young had sent Apostle Willard Richards to visit with Emma to secure a manuscript known as the "New Translation of the Bible." It was a work that rivaled The Book of Mormon in both its scope and significance. Emma informed the Apostle that she would not part with it however.284 Nonetheless, several months later, she offered to loan the manuscript to Bernhisel. "I had great desires to see 281 Clayton, An Intimate Chronicle, September 4, 1844 and September 8, 1844. 282 Van Wagoner, Sidney Rigdon, 400, 408. 283 Emma wanted Nauvoo Stake President William Marks to succeed her husband. She chose Marks in part because he shared her belief that the late Mormon Prophet intended to discontinue the practice of polygamy while Young and the Apostles felt it should continue. See Newell and Avery, Mormon Enigma, 207. 284 Journal of Willard Richards, August 19, 1844, box 1, volume 10, Willard Richards Journals and Papers, MS 1490, CHL. 104 the New Translation, but did not like to ask for it," Bernhisel later remembered. "She told me it was not prepared for the press, as Joseph had designed to go through it again."285 For three months, Bernhisel had the manuscript in his possession and copied some forty percent of it. True to his word however he did not provide the original manuscript to others and returned it to Emma once he was done perusing it. The trust Emma had placed in Bernhisel opened a new role for him in the final days of Nauvoo and beyond. Young often asked the doctor to negotiate with Emma over financial matters and other issues. While Bernhisel was not always successful in securing agreements, he played a valuable role in keeping the channels of communication open between the two sides. It was a harbinger of things to come. In the coming years Bernhisel would spend much of his time negotiating between Mormon leaders and government officials. Bernhisel seemed to have a unique talent for gaining the trust of people who did not always trust each other. Meanwhile, the problems in western Illinois were reaching the point where any kind of negotiation was becoming impossible. "Our Reserved Rights" While Young was continuing to consolidate power within the Church, Governor Ford was busy attempting to prevent another outbreak of violence in Hancock County. He urged the Mormons to remain calm and passive while he attempted to quell the 285 See entries of August 21, 1879 and September 10, 1879 in L. John Nuttall, In the President's Office: The Diaries of L. John Nuttall, 1879-1892 (Salt Lake City: Signature Books, in association with the Smith-Pettit Foundation, 2007), 21, 26-27. See also Robert J. Mathews, "The Bernhisel Manuscript Copy of Joseph Smith's Inspired Version of the Bible," BYU Studies 11 (Sumer 1971): 268-269. 105 vigilante spirit in the countryside.286 Ford ordered the arrest of "all mutinous persons." He then instructed the militia to take "energetic measures" to stop those spreading rumors calculated "to inflame the public mind."287 Ford's actions had mixed results however. The members of the Nauvoo City Council praised Ford's efforts and promised to discourage "private revenge."288 However, Ford's directives only served to enrage those who had supported the killing of the Smith brothers.289 Ford's actions in attempting to halt the spread of violence soon demonstrated why the Mormons and their adversaries had adopted their own institutions of government. While Ford frequently lauded the rule of law, he was forced to admit he did not have a workable system to enforce the law. Ford complained that under the Illinois Constitution, the Governor had "the power to direct, but no power to control" the state militia. The Ford clearly blamed the Mormons for the conflict. He cited the "pretensions of your municipal court," the "defiance of some of your leaders," and especially the fear that the Nauvoo Legion had generated. "If your people had never made any military pretentions, no military feeling would ever have been aroused against you," Ford insisted. He then warned that he could not "raise a military force in this state who would be willing to fight on your side." He therefore advised the Mormons to take an "unresisting, passive, peaceable, but defensive course" to avoid further angering their neighbors. Thomas Ford to W. W. Phelps, July 22, 1844, box 3, folder 20, Willard Richards Journals and Papers, MS 1490, CHL. 286 287 Thomas Ford to Brigadier General Miner R. Deming, June 30, 1844, box 3, folder 20, Willard Richards Journals and Papers, MS 1490, CHL. 288 Dinger, The Nauvoo City and High Council Minutes, 274-275. "To His Excellency Governor Ford," The Warsaw Signal (Warsaw, IL), July 10, 1844. A group of Warsaw citizens wrote to Governor Ford saying that the Mormons were "dangerous to the peace and wellbeing of society." The letter insisted that the Mormons were guilty of "theft, murder, adultery and other heinous crimes." They insisted that the Mormons defied the law. "We have borne our grievances until we could bear them no longer, and as a last resort have taken up arms." The letter promised that violence would continue as long as the State of Illinois refused to take action against the Mormons. 289 106 Governor could not appoint or remove militia officers and had little power to prosecute misconduct. The framers of the Illinois constitution had enacted these provisions to prevent the state government from using the militia to suppress civil rights. Ironically, these same restrictions made it difficult to suppress civil insurrections. With the danger of violence becoming increasingly likely, Ford looked for an alternative military force to keep the peace.290 On July 11 1844, Governor Ford petitioned the federal government to station five hundred U. S. Army troops in Hancock County to avoid a civil war. Washington officials considered his request, but by August had turned it down.291 Ironically, it was essentially the same response the Mormons had received for more than a decade when they appealed to the federal government. Running out of alternatives, Ford asked for volunteers from outside of Hancock County to form a peace keeping force under his command. He hoped to raise 2,500 soldiers, but less than 500 volunteered.292 Almost immediately, they proved 290 Thomas Ford to W. W. Phelps, July 22, 1844, box 3, folder 20, Willard Richards Journals and Papers, MS 1490, CHL. Ford insisted that the Illinois Constitution had not anticipated civil insurrections. The prohibition against creating standing armies made it difficult to raise sufficient numbers to enforce the law except in cases "where service is popular." See also Ford and Shields, A History of Illinois, 366. Ford lamented how little control he had over the state militia forces. 291 Thomas 1800-1850 Ford, Message of the Governor of the State of Illinois, in Relation to the Disturbances in Hancock County, December 21, 1844 Thomas Ford (Springfield: Walters, 1844), 19. In this message to the state legislature, Ford suggested that he had made the request for the troops "with a view to saving expense, keeping the peace, and having a force removed from the prejudices in the country." Ford made similar representations to Latter-day Saint leaders, adding that he felt it was the only way to avoid a civil war between the Mormons and their neighbors. See Thomas Ford to W. W. Phelps, July 22, 1844, box 3, folder 20, Willard Richards Journals and Papers, MS 1490, CHL. See also Kenneth W. Godfrey, "The Battle of Nauvoo Revisited," John Whitmer Historical Association Journal, 2002 Nauvoo Conference Special Edition (2002): 134. 292 Ford, Message of the Governor 1844, 20. 107 to be ineffective in enforcing the law. Ford ordered his volunteer militia to arrest Warsaw vigilante leader Thomas Sharp for the murder of the Smith brothers. The volunteers arrested Sharp, but townspeople from Warsaw promptly freed him. They made clear that they would not let Sharp be taken - "law or no law, Governor or no Governor."293 When other conspirators in the murder of the Smith brothers fled to Missouri, Ford ordered the militia to bring them back. The militia refused however insisting that the Governor seek a compromise with the suspected killers. Against his better judgement Ford promised the vigilantes that they would make bail and face trial in the anti-Mormon city of Carthage. The men surrendered, but the episode convinced Ford of the futility of employing the volunteer militia to keep the peace. He quickly disbanded it.294 Knowing that that he could not depend on military force to head off future conflicts, Ford tried to shame those who had supported and participated in the murder of the Smith brothers. In a letter of July 3, 1844 addressed to the "Warsaw Committee of Safety," the Governor expressed shock and outrage at the killings. He declared that he had placed too much faith in the honorable character of the residents of the county. Whatever your hatred of the Smiths might be, I was too confident you would respect your honor-the honor of your country and State, and the rights of defenseless prisoners. I could not believe that so much stupidity and baseness, as was necessary for such an enterprise as the murder of defenseless prisoners in jail would be, could be mustered in Hancock County.295 293 Manuscript History of Brigham Young, September 26, 1844, CR 100/102, CHL. 294 Ford and Shields, A History of Illinois, 366. See also Ford, Message of the Governor 1844, 20. "To the Warsaw Committee," The Nauvoo Neighbor (Nauvoo, IL), July 10, 1844. Ford wrote this letter dated July 3, 1844 in response to an undated petition from "The 295 108 Ford's letter did little good however. The Warsaw Committee of Safety was just one of many vigilante organizations that had existed from time to time in Illinois.296 They felt no shame over their actions. Instead, they blamed the outbreak of violence on Ford's inability to rein in the Mormons. They argued that they had "no recourse left but to cast ourselves boldly and fearlessly upon our reserved rights, and there stand until we are satisfied that the highest authority of the State will officially sustain us."297 It was a typical response to the slow development of the institutions of law and order on the frontier.298 It was also a response that Governor Ford had employed himself just four years earlier. Even though Ford had denounced vigilantism to the Warsaw Committee of Safety, he had once advocated its use as a Justice of the Illinois Supreme Court. In 1838, a gang of horse thieves had settled among the residents of White Rock Township in the northern part of the state. They quickly compromised local law enforcement officers and Warsaw Committee of Safety." See "To His Excellency Governor Ford," The Warsaw Signal (Warsaw, IL), July 10, 1844. 296 Brown, Strain of Violence Historical Studies of American Violence and Vigilantism, 309. The author lists eighteen different vigilante organizations that had formed in Illinois from 1816 through 1849. 297 298 "To His Excellency Governor Ford," The Warsaw Signal (Warsaw, IL), July 10, 1844. See Brown, Strain of Violence Historical Studies of American Violence and Vigilantism, 98. Between 1795 and 1820 the population of trans-Appalachia grew from 150,000 to over 2,000,000. By 1830 it had grown to nearly 3,000,000. See Rohrbough, Trans-Appalachian Frontier, 113, 225. This rapid growth had made it difficult for the institutions of law and order to keep pace. Not surprisingly, organized gangs of outlaws saw communities with weak governments as easy targets for a takeover. In response, frontier settlers turned to their own system of law enforcement to establish order. See John Lee Allaman, "GreenBush Vigilantes: An Organizational Document," Western Regional Studies 10 (Spring 1987): 32-33. 109 operated with impunity. By 1841, the problem of lawlessness was out of control. The citizens brought their concerns to Justice Ford, whose duties on the Supreme Court included serving as the Circuit Court Judge for the area. Ford recommended kidnapping the leaders of the gang and whipping them in order to force them to leave the area.299 The leading men of the township took Ford's advice and formed a vigilante organization. They captured suspected gang members and held trials. They severely whipped a number of suspected criminals. Firing squads executed two of them. Not surprisingly, these actions prompted most gang members to leave town. Once the community had rid itself of the majority of the criminals, the government tried to reestablish the rule of law. Ironically, one of the first acts of the restored government was to prosecute more than one hundred vigilantes for the illegal execution of the two gang members. The murder trial proved to be a sham however. With Judge Ford presiding, the prosecution declined to present any evidence and the jury acquitted the men without ever leaving the jury box for deliberations.300 With this recent history of extra-legal violence before them, it is not surprising that Illinois residents were quick to resort to vigilantism when legal remedies proved ineffective. Soon, targets of vigilantism included not only criminals, but abolitionists, Robert Huhn Jones, "Three Days of Violence, the Regulators of the Rock River Valley," Journal of the Illinois State Historical Society 59 (Summer 1966): 133. See also Ford and Shields, A History of Illinois, 233-234. Ford mentions that future Governor Augustus French had been once been a vigilante. He also acknowledges that high ranking officials of the government "winked at and encouraged the proceedings." Ford does not admit to encouraging vigilantism himself however. 299 Robert Huhn Jones, "Three Days of Violence, the Regulators of the Rock River Valley," Journal of the Illinois State Historical Society 59 (Summer 1966): 139. 300 110 free blacks, and "ne'er-do-well whites."301 Before long, the Latter-day Saints joined the list of acceptable targets of vigilante violence. The old settlers hated Mormon Nationalism - especially its military power and its ability to dominate elections in western Illinois.302 They were convinced there could be no peace as long as the Mormons lived in the county. They insisted that either the Latter-day Saints or the old settlers would have to leave.303 Once again, Ford offered no hope that he could enforce a peaceful solution. He told both the Mormons and their neighbors that early Illinois residents had designed their government "during a time of internal peace and union among our people." They had not anticipated conflicts such as those between the Latterday Saints and area residents and had not provided a solution for them.304 The Mormons and local residents were both left to find their own solution to the crisis. Ford's inaction reinforced the conviction of Young and the Apostles that Smith's vision of an American Zion could never coexist with other Euroamerican societies and 301 See Howe, What Hath God Wrought, 432-435. See also Brown, Strain of Violence Historical Studies of American Violence and Vigilantism, 99. 302 Ford advised the Mormons not to participate in the August 5, 1844 election, but Colonel Edmund D. Taylor, a charismatic Democratic Party leader, convinced the Mormons that the Democrats would come to their aid in exchange for their votes. The election resulted in the Mormons once again controlling county offices. Not surprisingly, it also infuriated the vigilantes and made them more determined than ever to drive the Mormons from Illinois. Ford and Shields, A History of Illinois, 362-364. See also John Carroll Power, History of the Early Settlers of Sangamon County, Illinois: "Centennial Record" (Springfield, IL: E. A. Wilson & Company, 1876), 707-708. 303 304 "To His Excellency Governor Ford," The Warsaw Signal (Warsaw, IL), July 10, 1844. Ford and Shields, A History of Illinois, 369. Ford felt that Hancock County had reached the point where the institutions of law and order could no longer govern it. See also Thomas Ford to W. W. Phelps, July 22, 1844, box 3, folder 20, Willard Richards Journals and Papers, MS 1490, CHL. 111 governments. Soon they were looking for an isolated place outside of the United States where they could be the "original settlers" and claim the right to rule the land as they wished without interference from others. To this end, Brigham Young decided to employ the Council of Fifty to make plans for a future settlement in the far reaches of West. Soon Bernhisel was playing a key role in the "Western Mission." The Western Mission On February 4, 1845, Young reconvened the Council of Fifty for the first time since the murder of Joseph Smith.305 Just a few days earlier, Governor Ford had signed a bill revoking the Nauvoo Charter.306 While Ford had hoped the revocation of the charter would appease the vigilantes in Hancock County, the Mormons felt that the action only served to cut any ties they once had to the government of Illinois. This left political independence as their only option. After completing a reorganization of the council, the members began a discussion that centered on separating the Mormons from both the people and governments of the United States.307 305 Those attending the meeting voted to have Young succeed Joseph Smith as the standing chairman of the council. The council then dropped eleven members for disloyalty and discussed possible new members. While Bernhisel did not attend the February 4, 1845 meeting, he and others absent from the meeting received a unanimous vote to continue as members of the council. See entry of February 4, 1845 in Grow et al., Council of Fifty, Minutes, 218-244. An Act to Repeal the Act Entitled "An Act to Incorporate the City of Nauvoo" [29 Jan. 1845], Laws of the State of Illinois [1844-1845], pp. 187-188. 306 307 See entry of February 4, 1845 in Grow et al., Council of Fifty, Minutes, 218-244. In addition to the revocation of the Nauvoo Charter, Young called the meeting to discuss the proposal of an Illinois politician named William P. Richards to petition Congress to create an exclusive reserve for the Latter-day Saints similar to an Indian reservation. Privately, Richards told newspaper editor Thomas Sharp that his plan was to move the Mormons to a place "that would not otherwise be settled in half a century." He was convinced that under such conditions their "religious zeal would evaporate in a single 112 On March 1, 1845, Bernhisel attended a Council of Fifty meeting where a discussion of the establishment of a new settlement took place. An angry mood soon settled over the gathering. They saw the events surrounding the murder of the Smith brothers as definitive proof of the need for Mormon Nationalism. George Miller, a Bishop in the Church, felt that the actions of the Illinois Legislature had "virtually made us a nation to ourselves." He went on to condemn the United States as a whole saying, "This government has taken from us every right which they ever gave to us, and they would no doubt destroy us from the earth if it were possible." Meanwhile, Orson Spencer, who had been elected Mayor of Nauvoo before the Illinois State Legislature rescinded its charter, declared that "where protection of the government has been withdrawn from us, we are no longer obligated to them."308 Ironically, the Mormons were making the same argument for taking the law into their own hands that the Warsaw Committee of Safety had made in defending their extra-legal actions. Young spoke for many Latter-day Saints when he expressed the sentiment that the entire Euroamerican population of the country had rejected the Mormons. "The yoke of the gentiles is broke, their doom is sealed," Young declared. He then added that there was generation." He felt this was a better option than trying to fight the Mormons saying, "What a fearful thing it is to grapple with fiery religious zeal and fanaticism." See William P. Richards to Thomas Sharp February 15, 1845, Thomas C. Sharp and Allied Anti-Mormon Papers, COE. While Church leaders considered this proposal in the Council of Fifty meetings, there is no record of any attempt to approach Congress with the plan. 308 See entry of March 1, 1845 in Grow et al., Council of Fifty, Minutes, 251-275. George Miller was a local Church leader who had advocated that the Latter-day Saints establish a settlement within the Republic of Texas. See Grow et al., Council of Fifty, Minutes, 608- 609. Orson Spencer was a teacher and former Baptist minister who had joined the Church in 1841. See Grow et al., Council of Fifty, Minutes, 624. 113 no longer anything "that binds us to the gentile world." He then suggested that the Mormons seek out a new home "where we can gather by thousands and dwell in peace."309 Young also suggested that in the absence of a city charter, that Nauvoo would employ its own form of vigilante justice against those who might come to the city to "trouble and molest us." Apostle John Taylor agreed saying "we have no benefit from the laws of the land." He suggested that if any of the enemies of the Church came to Nauvoo "I will use my cane to them and I want my brethren to go and do likewise."310 Young felt the United States and its people deserved divine justice because "they have killed the prophets and those who have not taken an active part in the murder all rejoice in it." He proclaimed that the "judgement of God will soon come upon them like whirlwind." He then suggested that the Mormons and the Indians could join together in seeking vengeance against the nation.311 Having vented their anger over the current state of affairs, the council next turned to the practical matters of finding a new location where they could create a settlement outside the reach of the people and government of the United States. Their plan included divorcing themselves from Euroamerican society and making allies of the "red men in the forest." To this end, the Council of Fifty decided to form the "Western Mission" to seek 309 See entry of March 1, 1845 in Grow et al., Council of Fifty, Minutes, 251-275. 310 See entry of March 1, 1845 in Grow et al., Council of Fifty, Minutes, 251-275. Young recommended that troublemakers be given over to "Aunt Peggy" which appears to have been an expression denoting an ad hoc forms of vigilante violence rather than a formal vigilance organization. See Grow et al., Council of Fifty, Minutes, 258n241. 311 Young and others suggested the Mormons settle among the Comanche Indians in Texas. See entry of March 11, 1845 in Grow et al., Council of Fifty, Minutes, 295-322. 114 out possible locations for a settlement and to make alliances with native tribes.312 Bernhisel had an important role in the Western Mission. In a Council of Fifty meeting of March 4, 1845, Brigham Young nominated the doctor to serve on what became known as the "Committee on foreign relations." Its immediate task was to make plans to outfit a group of men to undertake a western exploration to find a suitable location for the Mormons among native tribes.313 The following week however Bernhisel reported to the Council of Fifty that he was skeptical of "settling among the Indian tribes; inasmuch as it was an invariable rule when the United States entered into a treaty with any nation of Indians to enter into a bond to keep the whites from among them."314 Bernhisel's comments led to a discussion of other remote locations where they could still be out of the reach of the United States and isolated from other Euroamericans. Young felt the solution was to "find a place to build a City surrounded by natural fortifications." Young then nominated Bernhisel to serve on a committee to investigate all of the western country to find such a place.315 Bernhisel and the committee reviewed several possible locations for a new Mormon settlement. The doctor had already ruled out Texas because he felt the United 312 See entry of March 4, 1845 in Grow et al., Council of Fifty, Minutes, 276-295. Mormons referred to Whites who were not Latter-day Saints as "Gentiles." 313 See entry of March 4, 1845 in Grow et al., Council of Fifty, Minutes, 276-295. 314 See entry of March 11, 1845 in Grow et al., Council of Fifty, Minutes, 295-322. The members of the council felt that the Indians would be more receptive to the Mormon message than the Gentiles were and that they would also become military allies with the Latter-day Saints. 315 See entry of March 11, 1845 in Grow et al., Council of Fifty, Minutes, 295-322. 115 States would soon annex it.316 Instead, he suggested the advantages of Oregon as a settling place. He was especially impressed with the Willamette valley calling it the "the finest country in the world."317 In a later meeting Bernhisel suggested the California coast "as a country every way calculated for our use and comfort" but noted the need to form a policy for dealing with the Mexican government who claimed ownership of the land.318 Meanwhile, newspapers were publishing summaries of John C. Fremont's western expedition that made the Rocky Mountains a tantalizing prospect.319 After listening to the various views of the members of the committee, Young decided to send a party of nine men to scout the various locations before deciding on a final destination. Young also talked about securing Nauvoo in the Council of Fifty meetings. He decided that the Nauvoo Legion would continue its operations as before - even though the Illinois government had reclaimed the state arms. Young defiantly told Church leaders, "they may carry their old rusty guns - I have got some new ones of my own." Young then ordered a member of the Council of Fifty to manufacture new weapons for the Mormons to use.320 Once they began to rearm however the Mormons increased their 316 Bernhisel had expressed his opinion that the United States would annex Texas during a meeting when Joseph Smith was still alive. The Mormon Prophet seemed unconvinced that would be the case, saying that the matter was in the hands of God. See entry of April 11, 1844 in Grow et al., Council of Fifty, Minutes, 85-107. 317 See entry of March 18, 1845 in Grow et al., Council of Fifty, Minutes, 322-346. 318 See entry of March 22, 1845 in Grow et al., Council of Fifty, Minutes, 346-371. 319 See entry of March 18, 1845 in Grow et al., Council of Fifty, Minutes, 322-346. 320 Flanders, Nauvoo: Kingdom on the Mississippi, 324-326. Young had commissioned Council of Fifty member Theodore Turley, a gunsmith, to manufacture new repeating rifles. He indicated that if the Illinois Militia invaded Nauvoo the Mormons would use the rifles "and wipe them out of existence." See entry of March 18, 1845 in Grow et al., Council of Fifty, Minutes, 322-346. See also Grow et al., Council of Fifty, Minutes, 116 display of contempt for Illinois officials to whom they felt no allegiance. Not surprisingly their actions soon reignited the anger of their neighbors.321 "The Mormons are fast increasing in power and strength," one area resident anxiously wrote in the spring of 1845. "What will be the end of all these troubles no man can foretell; but I am apprehensive that there will be a terrible collision one of these days." The writer saw no hope for a peaceful resolution. "The Mormons and Antis can never live in peace anymore; the hatred between them is deep, deadly, and inveterate."322 When news arrived in Nauvoo of the acquittal of the accused murderers of the Smith brothers it only confirmed Mormon suspicions that there could be no justice for the Latter-day Saints in Illinois. 323 Many Mormons wanted to leave the area just as much as their neighbors wanted them to leave. Nonetheless, they felt an obligation to complete the temple that Joseph Smith had commenced before removing to the West.324 Meanwhile, 341n492. In another meeting, Young sounded a defiant tone about the proposed repeal of the Nauvoo Charter. "We have a right to our Mayor, our Alderman, etc. and if they refuse to commission those elected, the old aldermen can serve can't they?" See entry of January 26, 1845 in Nauvoo High Priests Quorum, Record Book, CR 1000/1, CHL. 321 See entry of May 6, 1845 in Grow et al., Council of Fifty, Minutes, 440-452. The editors of The Nauvoo Neighbor had published several defiant editorials insisting that the Mormons would not submit to legal process until they had received justice for the murder of the Smith brothers as well as compensation for other Mormon losses in Missouri and Illinois. The editorials had inflamed residents and public officials throughout the state. See also Grow et al., Council of Fifty, Minutes, 444n786. 322 "The Mormon Troubles," May 28, 1845, The Warsaw Signal (Warsaw, IL). 323 Oaks and Hill, Carthage Conspiracy, 184, 191. Judge Young had scheduled a second trial for those accused of murdering Hyrum Smith to begin on June 25, 1845. After consulting with Governor Ford, the Judge dismissed all charges when the prosecution failed to appear. 324 Manuscript History of Brigham Young, August 11-15, 1844, CR 100/102, CHL. 117 Nauvoo's neighbors interpreted the continued construction of the temple as a sign that the Mormons would never leave the region and threatened violence to stop it. Young and the Apostles would not be deterred however. They resolved to follow the example of the ancient Israelites and built their temple anyway - with a sword in one hand and a trowel in the other.325 The Sword and the Trowel On September 3, 1844, William Clayton recorded in his journal a list of persons who had received certain sacred rites from the Mormon Prophet during the last years of his life. Bernhisel was among the sixty-three people who had participated in these special ceremonies.326 Smith had promised to make these rites available to the general Church membership once they constructed an appropriate building. Now that the Nauvoo Temple was approaching completion, Bernhisel helped prepare it for its use. He became one of the first individuals to participate in the many observances of the sacred edifice.327 This included the secret practice of plural marriage. Death dissolved conventional marriages, but Smith's "everlasting covenant" preserved them throughout eternity. On January 20, 1846, Young performed a ceremony "sealing" Bernhisel to Julia Ann Haight Van Orden. On the same day, Young also sealed Dolly Ransom, Catherine Paine, and Fanny Spafford to Bernhisel making him a polygamist. Young then performed a special ordinance known as the "second anointing" 325 Woodruff, Wilford Woodruff's Journal, 1833-1898, August 18, 1844. 326 Clayton, An Intimate Chronicle, September 3, 1844. 327 Heber C. Kimball Journal - November 21, 1845 to January 7, 1846 kept by William Clayton in Clayton, An Intimate Chronicle, December 10, 1845. 118 for Bernhisel and his four wives.328 Two weeks later, on February 3, 1846, Bernhisel married two more women for time and all eternity in the Nauvoo Temple. The first was Catherine Burgess Barker and the second was her fifteen-year-old daughter Elizabeth Barker.329 These ceremonies proved to be just the beginning of the doctor's bewildering web of family relationships. On February 8, 1846, Bernhisel acted as a proxy for the late Mormon Prophet in a posthumous sealing of Smith to two living women named Permelia Darrow Lott and her daughter Melissa Lott. Young then married Bernhisel to these same two women "for time only." This meant Permelia and Melissa were married to Bernhisel on earth, while in heaven they were married to the late Latter-day Saint leader. To complicate matters further, two of Bernhisel's wives were also his stepdaughters. In addition, two of his wives, Permelia Darrow Lott and Catherine Burgess Barker, were still married to other faithful Latter-day Saints.330 Smith's many marriages had similar features. 328 Devery S. Anderson and Gary James Bergera, The Nauvoo Endowment Companies, 1845-1846: A Documentary History (Salt Lake City: Signature Books, 2005), 437-438. 329 Anderson and Bergera, The Nauvoo Endowment Companies, 1845-1846, 579. Elizabeth Barker was born on January 9, 1831, and was fifteen years old when she married the forty-six-year-old Dr. Bernhisel. See Boyer, Barnhiser/Bernheisel Family Lines, 50. 330 Anderson and Bergera, The Nauvoo Endowment Companies, 1845-1846, 621. Melissa Lott's mother Permelia married Cornelius Peter Lott on April 27, 1823. See Hedges et al., The Joseph Smith Papers. Volume 3, 423. Permelia remained married to Cornelius until his death on July 6, 1850 - even though she appears to have also been Bernhisel's wife during this time. See "Permelia Lott," January 18, 1882, Deseret News (Salt Lake City). Catherine Burgess Barker was married to Thomas Barker and they continued their marriage during the time she was also married to Bernhisel. See 1850 Utah Census, Salt Lake City # 11, 136. Catherine is listed as a widow of Thomas Barker in "Utah, Salt Lake County Death Records, 1849-1949," November 7, 1884. 119 Julia Ann bore Bernhisel a son eleven months after their marriage.331 Elizabeth Barker bore him a total of eight children over the next twenty-five years.332 Bernhisel's relationship with his other wives is unclear since secrecy and deception often surrounded Mormon plural marriages. Nonetheless, it appears that Bernhisel had reservations about polygamy and later reverted to monogamy.333 There was another aspect of this complex web of family relationships that Bernhisel embraced however. On February 3, 1846, Young performed a special ceremony at the Holy Altar in the upper room of the temple. There Bernhisel "gave himself" to the martyred Mormon Prophet "to become his son by law of adoption and to become a legal heir to all blessings bestowed upon Joseph pertaining to exaltations even unto the eternal Godhead." Bernhisel then agreed to "observe all rights & ordinances pertaining to the new & everlasting covenant."334 These sacred religious rites proved to be a comfort to Bernhisel and other Mormons but the temple could not remain in operation much longer. Outside its walls, a vigilante army was growing in the Hancock County countryside. Nauvoo would soon become a virtual ghost town. 331 Barrett, "John M. Bernhisel, Mormon Elder in Congress," 49. 332 Barrett, "John M. Bernhisel, Mormon Elder in Congress," 52. Bruce W. Worthen, "A Member of the Family: Dr. John Milton Bernhisel and the Aftermath of the Martyrdom of Joseph Smith," The John Whitmer Association Journal 36 (Spring/Summer 2016): 1-30. 333 334 Anderson and Bergera, The Nauvoo Endowment Companies, 1845-1846, 565-566. 120 The Carthage Convention Even before the acquittals of the accused murderers of Joseph Smith, tensions had been rising between the Mormons and their neighbors. Brigham Young delivered incendiary sermons against the State of Illinois and engaged in saber rattling against Nauvoo's neighbors.335 Outsiders complained that Young had raised a "Mormon Mob" to drive them from the city of Nauvoo.336 Meanwhile, area settlers attributed thefts and counterfeiting to the Latter-day Saints.337 They accused Young and the Apostles of protecting outlaws.338 With anger running at a fever pitch, both the Mormons and anti- 335 Ford and Shields, A History of Illinois, 360-361. Ford claims that by the summer of 1845, Mormon leaders had directed a good deal of abuse toward outsiders. "Curses upon their enemies, upon the country, upon government, upon all public officials." "The Mormon Troubles," May 28, 1845, The Warsaw Signal (Warsaw, IL). This may have been a reference to the "Whittling and Whistling Brigade" - a group of men and boys who closely followed undesirables with long bowie knives to intimidate them and force them to leave the city. See Hallwas and Launius, Cultures in Conflict a Documentary History of the Mormon War in Illinois, 54-55. Church leaders had supported this extra-legal group but by the spring of 1846 grew concerned that their activities were getting out of control. See entry of May 6, 1845 in Grow et al., Council of Fifty, Minutes, 440-452. See also Grow et al., Council of Fifty, Minutes, 444n787. 336 337 Apparently, some Latter-day Saints did engage in theft because of the losses they had suffered from the anti-Mormons. Apostle Heber Kimball told a group of Church leaders of the danger of such actions. "A man may take something unjustly of the value of not more than 5 dollars, and in consequence of it the lives of the leaders of this people might be sacrificed - It is better to refrain from retaliation for all things we have suffered, until God says the word. Then let us give them double." See minutes for February 23, 1845 in Nauvoo High Priests Quorum, Record Book, CR 1000/1, CHL. Church leaders also discovered that counterfeiters were operating in Nauvoo. See Manuscript History of Brigham Young, January 24, 1846, CR 100/102, CHL. Young reports that a team of counterfeiters had set up operations in the city "to counterfeit coin here by wagon loads and make it pass upon the community as land office money." The perception that thefts and counterfeiting had the blessing of Church officials contributed significantly to the conflict between the Mormons and their neighbors. See Hallwas and Launius, Cultures in Conflict a Documentary History of the Mormon War in Illinois, 70. Bill Shepherd, "Stealing at Mormon Nauvoo," The John Whitmer Historical Association Journal 23 (2003): 91. The author argues that Young treated thieves more 338 121 Mormons recognized it would only take a spark to set the county ablaze. By the fall of 1845, those fears had been realized. On September 9, 1845, bullets crashed through the windows of a schoolhouse during a meeting of anti-Mormons in Green Plains, Illinois about eight miles southeast of Warsaw. While all the occupants escaped injury, the experience had left them shaken and angry. The unknown gunmen fled, but word quickly spread that the attackers had been Mormons.339 The next day, vigilantes commenced burning Mormon houses and other buildings outside the confines of Nauvoo in retaliation. Soon the rule of law collapsed in Hancock County. Jacob Backinstos, the Hancock County Sheriff, attempted to round up a posse to stop the house burners, but the vigilantes intimidated non-Mormon citizens from joining it. With little opposition to their operation, the men continued to systematically burn some two hundred Mormon buildings. Their actions soon threatened to ignite a cycle of revenge violence.340 leniently than his predecessor had - in part because of the violence the Mormons had endured. This may have been part of Young's philosophy concerning wrongdoing. In a meeting of Church leaders on January 26, 1845, Young stated: "A word to Bishops, High Councilors, and all men - a man or a women may be guilty of many things - we should take them by the hand and raise them up, tell them to go and sin no more. Cover up their iniquity - if you blow it to the four winds you send them to hell." See minutes for January 26, 1845 in Nauvoo High Priests Quorum, Record Book, CR 1000/1, CHL. Annette P. Hampshire, "The Triumph of Mobocracy in Hancock County 1844-1846," Western Illinois Regional Studies 5 (Spring 1982): 27-28. This meeting concerned complaints that the old settlers had of a Mormon community in nearby Lima. 339 340 Thomas Gregg, History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws (Chicago, C.C. Chapman, 1880), 340-341. Area residents considered the shooting of Frank Worrell to be a Mormon revenge killing. The Mormons had long considered Worrell an accomplice in the murder of the Smith brothers. Meanwhile, a posse dominated by Mormons killed Samuel McBratney who was allegedly one of the home burners. Anti-Mormons claimed his killers had shot him in the back and mutilated his body. They immediately called for revenge. See also "Thomas C. 122 Out of desperation, Sheriff Backinstos decided to enlist the Mormons in a posse under his command.341 Both Church leaders and government officials knew that using the Mormon militiamen against the vigilantes might escalate the conflict dramatically. Nonetheless, Young felt that he had little choice in view of the unchecked violence against Mormon settlers in areas outside Nauvoo. He supplied several hundred militiamen to Backinstos who used them to sweep through the countryside driving the vigilantes into Iowa and Missouri. Soon the Mormon posse was occupying the cities of Carthage and Warsaw to keep the vigilantes at bay.342 The leaders of these cities quickly appealed to the residents of surrounding counties to liberate them. A vigilance committee from the city of Quincy in Adams County responded to the pleas for help and attempted to intervene. On September 24, 1845, Henry Asbury and six fellow delegates delivered the Quincy Committee's resolutions to the Church leaders that the Mormons must leave Illinois.343 Young replied the same day saying that the Latterday Saints had already decided to resettle in the Far West. However, he made it clear that all of the Mormons could not leave by the spring of 1846 and advised them that the timing of their departure depended on their ability to sell their property.344 The Quincy Sharp Unfinished Manuscript of the Mormon Conflict in Illinois 1845," Thomas C. Sharp and Allied Anti-Mormon Papers, COE. 341 Flanders, Nauvoo: Kingdom on the Mississippi, 327-328. 342 Ford and Shields, A History of Illinois, 408. 343 Henry Asbury et al. to Brigham Young et al., September 24, 1845, box 20, folder 9, BYP. 344 Brigham Young et al. to Henry Asbury et al., September 24, 1845, box 16, folder 4, BYP. 123 Committee refused to accept any contingencies on the deadline however.345 With negotiations at a standstill, Governor Ford dispatched General Hardin of the Illinois State Militia to retake Carthage and Warsaw from the Mormons. With the Latterday Saints now posing a threat to the wider population, Hardin had little trouble getting Illinois militia units from neighboring counties to report for action.346 Meanwhile, more vigilance committees formed in the counties adjoining Hancock. They decided to coordinate their efforts to resolve the Mormon crisis once and for all. On October 1-2, 1845, fifty-eight delegates from nine counties adjacent to Hancock County met in the city of Carthage to organize a regional vigilante organization. They called themselves the "Carthage Convention."347 The Carthage Convention was a typical vigilante organization of the time. The delegates came from among the most respected citizens of their counties. Two of the delegates would later serve in Congress.348 They elected Isaac N. Norris of Adams County as the chair of the committee. In an orderly fashion, the convention discussed how events unfolding in Hancock County might soon affect the entire region. Within two days, the fifty-eight delegates had adopted formal resolutions calling for the Mormons to 345 Henry Asbury et al. to Brigham Young et al., September 25, 1845, box 20, folder 9, BYP. 346 Flanders, Nauvoo: Kingdom on the Mississippi, 329-330. 347 Hallwas and Launius, Cultures in Conflict a Documentary History of the Mormon War in Illinois, 302. Adams, Pike, Marquette, Schuyler, Brown, McDonough, Henderson, Warren, and Knox counties sent representatives to the convention. 348 Both Orville H. Browning and Isaac N. Morris would later serve in Congress. See Hallwas and Launius, Cultures in Conflict a Documentary History of the Mormon War in Illinois, 304. 124 leave Illinois by the spring of 1846. They then effectively took over operation of Hancock County government. They organized committees to handle military operations, communications, and other similar activities.349 They then informed Church leaders of their decisions. The Mormons were not willing to leave unless they could sell their property first however. The disagreement over the terms of the Latter-day Saint exodus from Nauvoo threatened to spark a civil war involving the entire region.350 In response, Governor Ford warned Church leaders that he did not have the power to force citizens to fight in their defense and that even those who sympathized with the Mormons "will never tolerate the expense of frequent military expeditions" to save Nauvoo from the vigilantes.351 He then called on Congressman Stephen A. Douglas to negotiate between the Carthage Convention and the Quorum of the Twelve Apostles for the withdrawal of the Mormons from Illinois.352 On October 4, 1845, after meeting with both sides, Douglas announced a plan under which the Mormons would leave Illinois. The Douglas plan called for the majority of the Mormons to depart by the following spring while the poorer part of the population Kenneth W. Godfrey, "The Battle of Nauvoo Revisited," John Whitmer Historical Association Journal, 2002 Nauvoo Conference Special Edition (2002): 135-136. 349 350 Hallwas and Launius, Cultures in Conflict a Documentary History of the Mormon War in Illinois, 304-309. "Copy of Part of a Dispatch from the Governor," October 29, 1845, Nauvoo Neighbor (Nauvoo, IL). The dispatch is undated but appears to coincide with a letter of General Hardin to Church leaders dated October 3, 1845. See entry of October 4, 1845 in Grow et al., Council of Fifty, Minutes, 484-504. 351 352 Ford and Shields, A History of Illinois, 410-412. 125 would leave as conditions permitted. The State of Illinois pledged to protect Nauvoo during this phased withdrawal. The Carthage Convention still insisted that all of the Mormons leave by spring. In response, Douglas wrote to the delegates on October 4, 1845 saying, "These measures, we think, ought to satisfy you. All that some of you might demand, could not be granted consistently with the rights of others. You should be satisfied with attaining that which is practical and possible."353 The Carthage Convention rejected the Douglas plan however. The delegates felt that the state government had forfeited its authority when it failed to resolve the problem of the Mormons before this time. The Convention's refusal to compromise would cause untold suffering the following year to many Mormons - including Bernhisel's new family.354 The Camp of Israel Young personally led the vanguard of the Mormon exodus from Nauvoo on February 4, 1846.355 He called the Mormons in exile the "Camp of Israel."356 While Bernhisel remained behind in Nauvoo to sell property for the Church, his wife Julie Ann crossed the Mississippi River to join the Camp of Israel in the summer of 1846. She had John J. Hardin, Stephen A. Douglas et al. to "The Anti-Mormon Citizens of Hancock County," October 4, 1845 in Stephen A. Douglas and Robert Walter Johannsen, The Letters of Stephen A. Douglas (Urbana: Univ. of Ill. Pr., 1961), 122-123. 353 354 Most of the documents were copied into the Council of Fifty minutes. See entry of October 4, 1845 in Grow et al., Council of Fifty, Minutes, 484-504. 355 356 Bennett, Mormons at the Missouri, 25. Journal of John D. Lee, February 17, 1846, box 21, H. Michael Marquardt Papers, Accn0900, JWML. 126 six surviving children by her late husband William Van Orden to care for. She was also carrying Bernhisel's unborn son. With the doctor having to remain behind in Nauvoo, Julia Ann's sixteen-year-old son Peter and fourteen-year-old daughter Mary Helen took charge of the wagons. "I had to either drive the team or ride horseback and drive the cattle," Mary Helen later remembered. "I drove the team, fording streams where I had to walk in water nearly waist deep sometimes."357 Meanwhile, the Mormons created hundreds of temporary houses made of roughhewn logs. "Between the houses, logs were erected perpendicular which formed a wall, making a sort of fort," Mary Helen recalled.358 Young then organized the Mormons to survive the winter. The slow sale of property in Nauvoo had produced little money however. There were barely enough resources to sustain the Latter-day Saints in their present location - leaving few funds for the trek west.359 Much to Young's relief however help came from an unexpected source. On June 26, 1846, Young's nephew Jesse Little arrived in Iowa along with a U. S. Army Captain named James Allen. News quickly spread that Captain Allen wanted to enlist up to five hundred Mormons into the Army for the war against Mexico. The request seemed outrageous to many in the camp.360 Unbeknownst to them however Little had Mary Helen Grant, "Incidents in the Life of Mary Helen Grant," Journal of History 11 (April 1917): 175-177. 357 Mary Helen Grant, "Incidents in the Life of Mary Helen Grant," Journal of History 11 (April 1917): 176. 358 359 Bennett, Mormons at the Missouri, 112. Hosea Stout, On the Mormon Frontier : The Diary of Hosea Stout, 1844-1861 (Salt Lake City: University of Utah Press, 1982), June 28, 1846. Stout's only son had died earlier that day and undoubtedly spoke for many in the camp in saying "we were all 360 127 negotiated the offer of enlisting the five hundred Mormons in the Army at the direction of his uncle Brigham Young. Young had sent his nephew to the East Coast in late January 1846 to obtain government contracts to finance the removal of the Mormons to the West.361 In Philadelphia, Little met a twenty-four-year-old aristocrat named Thomas L. Kane who took an interest in the Mormon cause. Kane invited Little to meet with his father Judge John Kane who was personally acquainted with the principal officers of the federal government including the President, the Vice President, and the Secretary of State. After listening to Little, Judge Kane wrote letters of introduction so he could meet with President Polk and other Washington leaders. Because of Judge Kane's influence, Polk agreed to accept up to five hundred Mormon men into the Army for a noncombat mission in the Mexican War.362 Their pay would help the Latter-day Saints move west. When Young heard the news, he was ecstatic. "This is no hoax," Young wrote enthusiastically to his followers, "the U. S. wants our friendship, the President wants to do us good, and secure our confidence. The outfit of these five hundred men costs us nothing, and their pay will be sufficient to take their families over the Mountains."363 Young recruited volunteers by promising that the Church would care for their families during their one-year absence. He assured the men indignant at this requisition and only looked on it as a plot laid to bring trouble on us as a people." 361 Bennett, Mormons at the Missouri, 21. 362 Grow, Liberty to the Downtrodden, 48-55. 363 Brigham Young to Samuel Bent et al., July 7, 1846, box 16, folder 7, BYP. 128 that he would personally see to it that their families would have something to eat when he had anything to eat himself. The recruits then agreed to turn over the majority of their pay to the Church to finance the move of their families to the West.364 Within three weeks, the "Mormon Battalion" had left for the war with Mexico, leaving their families in the care of the Church.365 Just a short time later however disaster struck the Camp of Israel, putting the welfare of those families at risk. Back in Nauvoo, Bernhisel found that he could not go out into the streets without coming under artillery fire.366 The Carthage Convention made good on its threat not to recognize the authority of Governor Ford to halt their efforts to drive the Latter-day Saints from Illinois. Consequently, when the deadline for the Mormon withdrawal from the area passed they began military operations against Nauvoo. State Militia commanders could not prevent the vigilantes from taking over the city.367 Since the majority of the Latter-day Saints had already departed for Iowa, it made it impossible for those who remained behind to defend Nauvoo. As a result, they began fleeing across the Mississippi River. They formed what came to be known as the "Poor Camp." Among them were some 750 destitute Latter-day Saints who depended on the Church for food, shelter, and 364 Manuscript History of Brigham Young, July 1, 1846, CR100/102, CHL. 365 Manuscript History of Brigham Young, July 16, 1846, CR100/102, CHL. "Statement of Stephen Nixon, April 15, 1855," box 1, folder 13, Collected Information Concerning the Battle of Nauvoo 1846-1861, MS 14282, CHL. 366 Annette P. Hampshire, "The Triumph of Mobocracy in Hancock County 1844-1846," Western Illinois Regional Studies 5 (Spring 1982): 31-32. 367 129 clothing.368 The arrival of the indigent Mormons overwhelmed the resources of the Camp of Israel. As conditions worsened, many Latter-day Saints complained bitterly against Young and the Apostles. Many of the families of the Mormon Battalion were angry. Most of the pay from the soldiers had gone into a fund that was supposed to finance the move of their families west.369 The Mormon leaders who administered the fund were now using the money for other expenses - including the Poor Camp. Some of the wives of the soldiers threatened to write to their husbands telling them not to send any more money to the Church. "We should do all the good we can & be kind one to another," Young pleaded. "Shall a few dollars distort the countenance & blacken the face of the Saints?" When Young's attempts at reasoning failed, he threatened to cut off all assistance to the families who refused to cooperate with his administration of the Mormon Battalion funds.370 He then lashed out at them in language that he would soon regret. He insisted that their husbands were only sending a fraction of the money that they had earned. He told them that "their dear husbands had only sent them about $5,000 when they had received $22,000 & ought to have sent it all."371 Young had spoken recklessly and inaccurately. In fact, the soldiers had turned over almost all of their money to the Bennett, Mormons at the Missouri, 82-83. See also Annette P. Hampshire, "The Triumph of Mobocracy in Hancock County 1844-1846," Western Illinois Regional Studies 5 (Spring 1982): 30. 368 369 Manuscript History of Brigham Young, July 1, 1846, CR100/102, CHL. 370 Journal of John D. Lee, August 16, 1846, box 21, H. Michael Marquardt Papers, Accn0900, JWML. 371 Journal of Willard Richards, December 13, 1846, box 2, volume 17, Willard Richards Papers, 1821-1854, MS 1490, CHL. 130 Church.372 Even with the money from the Mormon Battalion, the conditions in the Camp of Israel continued to deteriorate however. As winter descended, the inevitable result was hunger, sickness, and death. Bernhisel's stepdaughter Mary Helen vividly recounted the ordeal. During the winter of 1846 and 1847, there was a great deal of sickness, people dying by hundreds, principally with the scurvy. Mother and sister Charlotte had it very badly but my attack was very light and none of the rest had it. Charlotte's limbs were still and as black as a stove and we despaired of her life as well as mother's. I used to go out on the prairie and gather wild onions and segoes.373 Over 730 Mormons died from exposure, malnutrition, and disease between June 1, 1846 and May 31, 1847 - most of them during the winter months.374 Meanwhile, severe hardship afflicted the living. On December 21, 1846, Julia Ann gave birth to John Milton Bernhisel Junior. After the birth, she fell desperately ill. Fifteen-year-old Mary Helen had to take over the responsibilities of her mother. "I surely had my hands full," she later remembered, "caring for the sick, doing the housework, cooking for eight in the family, and also taking care of a little baby."375 Conditions were far worse in the Poor Camp however. By October, few Mormons remained on the Illinois side of the Mississippi River. Bernhisel 372 Arrington, Great Basin Kingdom, 21. Arrington estimates that the Battalion soldiers contributed in excess of $50,000 to the Church - nearly all their pay. Mary Helen Grant, "Incidents in the Life of Mary Helen Grant," Journal of History 11 (April 1917): 177. 373 374 Bennett, Mormons at the Missouri, 137. Mary Helen Grant, "Incidents in the Life of Mary Helen Grant," Journal of History 11 (April 1917): 177. 375 131 reported to Young: There is still quite a number of our people encamped along the shore for about two miles above Montrose; some have tents, some have quilts or blankets put up for a shelter, some lodge in wagons and some few have nothing but a bower made of brush. The health of our people is better than it has been, but there is still considerable sickness among them.376 Bernhisel boarded the steamship Fortune on a fund-raising trip to help the Poor Camp. His destinations included Burlington, Bloomington, Rock Island, Davenport, and Galena. There he intended to "beg for food, bedding, and clothing for the poor suffering Saints."377 His efforts succeeded in raising only $300.00. "Had I been soliciting relief for any other people under similar circumstances, I should have received much more."378 It seemed that if the Mormons were to survive they would have to provide for themselves. On September 11, 1846, Young and the Apostles established "Winter Quarters" on the west side of the Missouri River. It was the first city in Nebraska.379 Some four thousand Mormons would spend the winter there. Another three thousand Latter-day Saints built temporary housing along the east side of the Missouri River. Meanwhile, another five thousand Mormons were scattered throughout Iowa, Illinois, and Missouri.380 In October, Young sent teams to rescue the Poor Camp. He then placed them with Mormon families throughout Iowa and Nebraska creating new hardships for a 376 John Bernhisel to Brigham Young, October 14, 1846, box 20, folder 17, BYP. 377 John Bernhisel to Brigham Young, October 14, 1846, box 20, folder 17, BYP. 378 John Bernhisel to Brigham Young, November 4, 1846, box 20, folder 17, BYP. 379 Bennett, Mormons at the Missouri, 72-74. 380 Bennett, Mormons at the Missouri, 90. 132 people already struggling to survive.381 Young soon proceeded to control almost every aspect of economic life in the Camp of Israel to maximize the available resources. He hired out the labor of hundreds of Mormon men to farms and businesses in Missouri, Illinois, and Iowa. He pooled their wages along with the money from the Mormon Battalion to buy food, clothing, and other supplies in bulk. He carefully controlled the distribution of these goods to the members of the Camp. He also instituted mandatory economic cooperation and was intolerant of any dissent. It was a heavy-handed approach but it got results.382 By February 1847, conditions in the Camp of Israel were stabilizing but times were still hard. Apostle Heber Kimball wrote to Bernhisel saying, "There have been quite a number of deaths here with us, mostly among those who came up in the latter part of the season." He then added, "President Young and myself do not enjoy very good health, as we labored very hard in the fore part of the winter to make our families comfortable &c. and the cares and toils and responsibilities devolving upon us, are fast wearing us out."383 As winter turned to spring however the dark mood of the Camp of Israel began to lift. The Mormons would soon be leaving for the Rocky Mountains. Young wrote to his nephew Jesse Little in Washington telling him to leave the city and come to Winter Quarters. He told Jesse that he was planning to personally lead a pioneer company to the Great Basin. Young wanted his nephew to join him. "A taste of the Mountain air together 381 Bennett, Mormons at the Missouri, 83-84. 382 Bennett, Mormons at the Missouri, 112-121. 383 Heber C. Kimball to John M. Bernhisel, February 17, 1847, MS 22593, CHL. 133 will be sweet unto us," the Mormon leader promised. Having survived the brutal winter of 1846/47, Young now looked forward to spending the next winter far away from his enemies. Employing lyrical prose, Young wrote to Jesse of his hopes for a new Mormon settlement in the West. I feel like a father with a great family of children around me in a winter Storm and I am looking with calmness, confidence, & patience for the clouds to break, & the sun to shine, so that I can run out and plant & sow and gather in corn & wheat & say children Come home. Winter is approaching again & I have houses, & wood, & flour, & meal, & meat, and potatoes, & squashes, & onions, & cabbages, & all things in abundance, & I am ready to kill the fatted calf, & make a joyful feast, to all who will come & partake.384 The winter of 1846/47 had been a nightmare for the Latter-day Saints - but it had also been a time of uncommon unity. The Mormons had pooled their resources and worked for the common good in order to survive. Now they turned their attention to the far reaches of the West where they could be free of conflicts from other Euroamericans and employ that same unity to become a prosperous people. There they could successfully proclaim Mormon Nationalism and use the harsh conditions of the desert to forge the Latter-day Saints into a society fit to be caught up into Heaven at world's end. Things would not go according to Young's plan however. The Mormons would soon discover that the isolation that they thought awaited them in the West was more imagined than real and that prosperity would make it difficult to maintain the same commitment that the Latter-day Saints had employed during their fight for survival in Iowa and Nebraska. Even though they wished to be left alone, it would be only a matter of time before they discovered that they could not remain isolated for long. Bernhisel understood these dangers. He worried that the western expansion 384 Brigham Young to Jesse C. Little, February 26, 1847, box 16, folder 11, BYP. 134 would soon endow the Great Basin with strategic significance and that the federal government would begin exerting its power over Mormon settlements. He also knew that the Latter-day Saints would fiercely resist any encroachment on their determination to rule the region as their homeland. Bernhisel felt that such a conflict could result in a recurrence of the violence that the Mormons had experienced in Illinois and Missouri. He would soon be in the middle of this contest for power - trying to keep it from exploding into violence. Bernhisel would soon find himself in a nightmarish experience. He knew that peace with Washington would require compromise over Mormon Nationalism - but that Young and the Apostles would be in no mood for negotiations. The failure of the federal government to intervene in the violence and suffering of the past had embittered the Later-day Saints beyond measure and made them an angry people. Instead of compromising their theopolitical ambitions with the reality of federal power, Mormon leaders would direct their rage at the officials Washington sent to the Great Basin and risk an all-out war with the nation. CHAPTER VI "THE FAT VALLEYS OF EPHRAIM" The Lord has surely brought his people to an inheritance in the fat valleys of Ephraim, and brought unto them the wheat and the fair fine flour in abundance, and is fast covering the hills and the plains with the flocks and the herds of the Saints and set before them the butter and the milk, together with the rich fruits of the earth. May his name be praised for his tender mercies are over all his works.385 --Brigham Young to John Bernhisel, August 28, 1852 For Brigham Young and the Mormons, the Far West was a land of biblical imagery and harsh realities. Before leaving Illinois, Young and other Church leaders had met in the Nauvoo Temple. There, they made plans to relocate the Latter-day Saints to Mexico's Upper California province. In preparation, they read from John C. Fremont's description of the Rocky Mountains.386 Fremont's journals were both fascinating and 385 386 Brigham Young to John Bernhisel, August 28, 1852, box 60, folder 3, BYP. Heber C. Kimball Journal - November 21, 1845 to January 7, 1846 kept by William Clayton in Clayton, An Intimate Chronicle, December 20, 1845. Church leaders had considered several different places for a new settlement outside of the United States over the years. Fremont's journals were very influential in selecting the Rocky Mountains. See Lewis Clark Christian, "Mormon Foreknowledge of the West," BYU Studies 21 (Fall 1981): 403-415. The Council of Fifty had studied Fremont's report in their meeting of September 9, 1845. Apparently, the Mormons intended to secure more land after establishing their first foothold in the Far West. Young proposed that a settlement could be established "somewhere near the Great Salt Lake and after we get there, in a little time we can work our way to the head of the California Bay, or the Bay of St Francisco." See Grow et al., Council of Fifty, Minutes, 465-477. 136 foreboding. He described the region as a vast arid expanse beset by plagues of grasshoppers, frequent droughts, and the danger of starvation.387 In addition, chiefs named "Black Night," "Bull's Tail," "Breaker of Arrows," "The Otter Hat," and "Walkara" ruled the land and visited deadly reprisals on those who failed to respect their authority.388 Fremont's journals also offered some intriguing news for the Latter-day Saints. The land he had explored had wood, water, game, and grass - and was largely devoid of Euroamerican settlers. Fremont also described a "Great interior Basin" with its many rivers and lakes saying, "It is called a desert, and, from what I saw of it, sterility there must be its prominent characteristic; but where there is so much water there must be some oasis."389 An oasis was exactly what the Mormons were looking for. On December 30, 1845, after perusing Fremont's journals in the upper story of the Nauvoo Temple, Young led a select group of followers in celebrating the prospect of settling in this land of forbidding isolation. Some sang in tongues of ecstasy while others accompanied them on violin and hornpipe. They also heard a rendition of Apostle John Taylor's song "The Upper California," which expressed Mormon expectations for a new 387 John Charles Frémont, Narrative of the Exploring Expedition to the Rocky Mountains in the Year 1842 and to Oregon and North California in the Years 1843-'44 (Washington, DC: H. Polkinhorn, 1845), 53. 388 Frémont, Narrative of the Exploring Expedition to the Rocky Mountains, 44-46. See also Frémont, Narrative of the Exploring Expedition to the Rocky Mountains, 256-259. 389 Frémont, Narrative of the Exploring Expedition to the Rocky Mountains, 259-260. (Italics in the original) 137 settlement where distance and toil would deter outsiders.390 In Taylor's hymn, this faraway oasis was a tranquil place "between the Mountains and great Pacific Sea." It was a pastoral sanctuary "with flocks and herds abounding." Most importantly however it was a place to "burst off all our fetters and break the Gentile yoke."391 Once the Mormons arrived in their new homeland however the harsh realities Fremont had described in his journals began to set in. The Great Basin was an austere land with unyielding soil. When Mormon emigrant Hosea Stout first set foot on the desert floor, he wrote: Thus ends this long and tedious journey from the land of our enemies & I feel free and happy that I have escaped from their midst. But there is many a desolate & sandy plain to cross. Many a rugged sage bed to break through. Many a hill and hollow to tug over & many a mountain & canyon to pass, and many frosty nights to endure in mid-summer.392 Even with these daunting hardships before them, most Latter-day Saints preferred the desert to the constant upheavals that they had experienced in the rich farm country of the East. If nothing else, their new homeland was an oasis of silence. Apostle Parley Pratt wrote, "All is quiet - stillness. No elections, no police reports, no murders, nor war in our little world."393 Mormon settlements would not remain tranquil for long however. It seemed that for the first time in their history the Latter-day Saints had achieved 390 Heber C. Kimball Journal - November 21, 1845 to January 7, 1846 kept by William Clayton in Clayton, An Intimate Chronicle, December 30, 1845. For the complete words to "The Upper California" see entry of April 11, 1845 in Grow et al., Council of Fifty, Minutes, 390-419. 391 392 393 Stout, On the Mormon Frontier, September 24, 1848. Manuscript History of Brigham Young, August 23, 1848, CR 100/102, CHL. This entry contains an extract of a letter Parley Pratt wrote to his brother Orson Pratt circa July 1848 about the progress of the Great Basin settlement during its first year of existence. 138 the right conditions for proclaiming Mormon Nationalism. In the isolation of the Far West, they could establish a homeland, erect an American Zion, and form a society based on theopolitical principles. The Mormons had finally distanced themselves from the collective violence of their disapproving neighbors, the injustice of established governments, and the often-arbitrary undercurrents of the market economy. Mormon leaders were certain they could now cut all social, political, and economic ties to outside societies.394 They felt the unwelcoming desert landscape and the allure of more desirable lands farther west would assure that Mormon Nationalism would at last become an undisturbed reality.395 Most importantly however Mormon leaders were convinced that the harsh conditions of the Great Basin deserts would force the Latter-day Saints to band together, live by faith, and forge a society fit to be caught up into Heaven at world's end. Their plans would soon face serious roadblocks however. The Mormons discovered that the isolation of the Great Basin was more imagined than real. Southern slavery and California gold would soon draw the Latter-day Saints 394 Jacob Norton Journal, July 28, 1847, Jacob Norton Reminiscence and Journal, MS 9111, CHL. Norton quotes Brigham Young as saying, "We do not intend to have any trade or commerce with the Gentile world, for so long as we buy of them we are in a degree dependent upon them." Young went on to outline his policy for making the Mormons completely independent of the outside world. "I am determined to cut every threat of this Kind and live free and independent, untrammeled by any of their detestable customs and practices. You don't know how I detest and despise them." 395 Young and the Apostles wrote to President James K. Polk on August 9, 1846 saying that the Mormons intended to locate in an isolated area such as the Great Salt Lake Valley "believing that to be a point where a good living will require hard labor and consequently will be coveted by no other people while it is surrounded by so unpopulous but fertile country." See James K. Polk, Wayne Cutler, and James L. Rogers, Correspondence of James K. Polk Vol. XI, Vol. XI, (Knoxville: The University of Tennessee Press, 2009), 272-275. See also Manuscript History of Brigham Young, August 9, 1846, CR 100/102, CHL. 139 into national politics and make continued autonomy over the region a near impossibility. In Congress, Bernhisel quickly realized that the Mormons and Washington would soon be on a collision course over the suddenly strategic Great Basin. Nonetheless, the Latterday Saints fully intended to claim the region as their homeland. They felt that as the founding white settlers of the land they could claim the right to dominate the social, political, and economic character of the Great Basin without interference from anyone. It was not to be however. The Latter-day Saints would soon discover they had only traded clashes with frontier settlers for a more dangerous conflict with the federal government. Washington would soon assert its preemptive right to rule the Great Basin in the national interest. While the lands that the Mormons had claimed were far from ideal, they still separated the nation from the rich Pacific Coast. Consequently, the federal government proved reluctant to allow a people with such a turbulent history to exercise unchecked control of such a vital region. Bernhisel felt certain that a violent explosion would soon erupt over the fight for control of the crossroads of the West.396 He warned Mormon leaders that in order to survive, they would have to negotiate the boundaries of Mormon Nationalism with the reality of Washington's power. Young and the Apostles gave little credence to Bernhisel's warnings however. The remoteness of the Great Basin combined with the steep walls of mountain granite persuaded them that they could control the region 396 John Bernhisel to Wilford Woodruff, March 22, 1850, box 6, folder 18, Wilford Woodruff Papers, MS 1352, CHL. 140 indefinitely.397 This false sense of security emboldened Mormon leaders to indulge in words and actions that would lead to heated conflicts with federal authorities. Nonetheless, Young and the Apostles felt that the neglect that the federal government had shown the Latterday Saints in the past gave them every right to sever all ties with Washington and articulate their indignation. Bernhisel knew that such a stance would lead to a confrontation that could reignite the violence of the past. The troubles soon began after Young and the first group of pioneers arrived in the Great Basin. "Polk Would be Damned for this Act" In July 1847, the first in a long stream of Mormon emigrants converged on the valley of the Great Salt Lake. Among them were Mormon Battalion soldiers returning from their enlistment in the war with Mexico. The "sick detachment" of the battalion came west from Colorado while the main body of Mormon soldiers journeyed northeast from San Diego. In addition, a company of Mississippi Mormons had joined Young's vanguard of pioneers at Fort Laramie and together they were descending into the valley.398 Meanwhile, several other companies of Latter-day Saints from Winter Quarters, 397 Mormon settler Irene Hascall wrote to her cousin in Salem, Massachusetts describing the Great Salt Lake City settlement saying, "It is in the midst of the rocky mountains surrounded on every side by impassable mts. and just one passage in and another on the west side which will not take much labor to stop an army of ten thousand. Now let the mobbers rage." See Irene Hascall to Ophelia Andrews, March 5, 1848 in Irene Hascall, "Letters of a Proselyte: The Hascall-Pomeroy Correspondence," Utah Historical Quarterly 25 (July, 1957): 241-245. Richard Edmond Bennett, We'll Find the Place: The Mormon Exodus, 1846-1848 (Norman: University Of Oklahoma Press, 2009), 172-174. 398 141 Nebraska were crossing the Great Plains a few weeks behind them.399 The first scouts entered Great Salt Lake Valley on July 21, 1847. Others soon followed and by July 23, 1847 they had begun the work of planting a summer crop.400 Young arrived the following day and expressed the sentiment, if not the exact words, that "this is the right place."401 Other companies arrived in quick succession. During the first year of its existence, some eighteen hundred Latter-day Saints occupied the new settlement in the West.402 Regardless of where these individuals came from, they wanted to put the past behind them. It was only a matter of time however before the past caught up to Brigham Young. He soon commenced creating a host of problems that Bernhisel would soon have to confront in Washington. Four days after Young arrived in the Great Basin, the sick detachment of the Mormon Battalion entered the valley. They were bitter and angry over their experiences in the army. They felt that some of their Church leaders, who served as their army officers, had abused and cheated them. Captain James Brown, the commander of the detachment, reported that "about one half of the men rebelled and entered into an 399 Turner, Brigham Young, Pioneer Prophet, 164. Leonard J. Arrington, Brigham Young : American Moses (University of Illinois Press, 1986), 143-145. 400 Woodruff, Wilford Woodruff's Journal, 1833-1898, July 24, 1847. Woodruff records that upon seeing Great Salt Lake Valley for the first time, "President Young expressed his full satisfaction in the Appearance of the valley." The earliest record of Young using the phrase "this is the place" would suggest that he made the statement on July 28, 1847. See entry of July 28, 1847 in Levi Jackman Diary, MS 79, LTPSC. See also Jared Farmer, "This Was the Place: The Making and Unmaking of Utah," Utah Historical Quarterly 82 (Summer 2014): 184-193. 401 Eugene E. Campbell, Establishing Zion : The Mormon Church in the American West, 1847-1869 (Salt Lake City: Signature Books, 1988), 32. 402 142 obligation to leave the Company at Laramie, take their portion of teams and provisions and go to the States."403 The timely arrival of Apostle Amasa Lyman temporarily quelled the revolt - but once the men entered the valley they had tough questions for Brigham Young. The Mormon soldiers were furious over their hardships in the army and anxious about the wellbeing of their families - especially in light of the letters they had received the previous winter depicting life in the Camp of Israel.404 They demanded to know why their families had not been brought forward to the new settlement as Church leaders had promised. Young tried to reassure the soldiers but it did little good.405 When his attempts at reasoning failed - the Mormon leader began to improvise. Young insisted that he had no choice but to supply the five hundred Mormon men to the U. S. Army for the war with Mexico. He claimed that President Polk had threatened to send troops to destroy the Camp of Israel if he did not comply. He exclaimed that "Polk would be damned for this act" and accused the President of involvement in the murder of Joseph Smith. Young then concluded his remarks by stating that if the government "ever sent men here to interfere with us they will have their throats James Brown to George A. Smith, November 10, 1859. Church Historian's Office, Journal History of the Church, 1896-1923, July 29, 1847, CR 100/137, CHL. Brown describes these incidents in a letter to Church Historian George A. Smith more than twelve years after they occurred. 403 404 Journal of John D. Lee, August 16, 1846, box 21, H. Michael Marquardt Papers, Accn0900, JWML. 405 Campbell, Establishing Zion, 19-20. 143 cut and sent to Hell."406 Once again, Young spoke impulsively and made unfounded charges in order to deal with a crisis.407 He was well aware that Church representatives in Washington had engineered the government's offer to enlist up to five hundred Mormon men in the Army.408 Not surprisingly, Young's attempts to deflect blame for the hardships of the soldiers and their families only further antagonized some of the men. Several of them left the valley early on the morning of August 12, 1847 and returned east in search of their families. Others followed over the next several days.409 Meanwhile, Young's charges of a federal conspiracy to harm the Mormons would find their way to Washington where they Woodruff, Wilford Woodruff's Journal, 1833-1898, July 28, 1847. See also Thomas Bullock and Will Bagley, The Pioneer Camp of the Saints: The 1846 and 1847 Mormon Trail Journals of Thomas Bullock (Spokane, WA.: A.H. Clark Co., 1997), July 28, 1847. 406 407 Captain James Allen, who had recruited the Mormons in Iowa a year earlier, had made clear that enlistment was voluntary and noted that there were "hundreds of thousands of volunteers ready in the states." Young had praised Captain Allen's offer telling the Latter-day Saints they should "make a distinction between this action of the general government, and our former oppressions in Missouri and Illinois." He concluded by saying "This is the first offer we have ever had from the government to benefit us." See Manuscript History of Brigham Young, July 1 1846, CR 100/102, CHL. 408 Young had received a report from his nephew Jesse C. Little that made clear that the call for a Mormon Battalion had been an initiative of Church leaders and not a demand of the federal government. Church representatives saw a noncombat mission as purely an opportunity to help finance the move to the West and had originally requested 2,000 soldiers. See Manuscript History of Brigham Young, July 6, 1846, CR 100/102, CHL. Young and the Apostles had acknowledged the benevolent nature of the enlistment in a letter to President James K. Polk. See Polk, Cutler, and Rogers, Correspondence of James K. Polk Vol. XI, Vol. XI, 272-275. See also Manuscript History of Brigham Young, August 9, 1846, CR 100/102, CHL. Clayton, An Intimate Chronicle, August 12, 1847. "The soldiers are getting dissatisfied at being kept here so long from their families and yesterday several of them left the camp secretly to go to Winter Quarters and this morning others are gone, but it is probably that President Young knows nothing of it yet although about a dozen are already gone and others are preparing to follow them." 409 144 would create a public relations nightmare for Bernhisel. It seemed that Young could not contain his anger over the treatment the Mormons had endured in the past.410 Young also made other provocative statements during his first few days in the valley. On July 28, 1847, Young designated the spot where the Mormons would build a temple. In an apparent contradiction, he ordered the American flag raised on the grounds, but at the same time declared that, "no officer of the United States should ever dictate to him in this valley, or he would hang them on a gibbet as a warning to others."411 It would not be his last threat to reject Washington's authority over the region. Young's bitter tongue and defiant actions would soon plunge the Latter-day Saints into conflicts with the federal government that would require all of Bernhisel's skill to keep from exploding into bloodshed. "More than Your Grateful Friend" While Young was establishing a new Mormon settlement in the Great Basin, Bernhisel was attempting to conclude Church business in the fallen city of Nauvoo. He prepared to depart the State of Illinois feeling that he had done all he could to raise money for the relief of the Latter-day Saints. He found it difficult to leave the members 410 Young and other Mormon leaders repeated these charges many times over the years. In 1852 federal officials heard them and reported them to Washington. In Congress, the report forced Bernhisel to acknowledge that the Mormon Battalion had been a friendly offer from the federal government. See House Exec. Doc. 25 (32-1), 1852, Serial 640, 4. When Young's statements to the contrary came to light, it put the doctor in a compromising position. See Bruce W. Worthen, "The Runaway Officials Revisited: Remaking the Mormon Image in Antebellum America" (master's thesis, University of Utah, 2012), 93-94. Young, Journal of Discourses, 23:86. Young also stated that "he hoped to live to lead forth the armies of Israel to execute judgments & justice on the persecuting Gentiles." See Bullock and Bagley, The Pioneer Camp of the Saints, July 28, 1847. 411 145 of the Smith family however. Bernhisel's gentle manners had won their hearts and the feelings of affection were mutual. Bernhisel had come to feel like a member of the family during the time he had lived at the Smith residence. He had looked after their interests in the years following the death of the Mormon Prophet and had given Smith's eldest son Joseph an education that he would value for a lifetime.412 As Bernhisel prepared to cross the Mississippi River to an uncertain future, he wrote a poignant letter to Emma. "I cannot take my departure from this place, without acknowledging the debt of gratitude that I am under to you," he wrote on October 9, 1847. "I experienced not only kindness and respect, but such affectionate regard, tenderness and delicacy as to make me feel more than your grateful friend - I may never be permitted to pay you all; but the bond of obligation shall remain binding on my heart and life."413 Bernhisel's generous disposition made a lasting impact. Emma and the children never forgot him. The distinguished doctor made a particularly deep impression on young Joseph who wrote to Bernhisel frequently thanking him "for the kindness lavished upon me always."414 412 Joseph Smith III to John M. Bernhisel, March 23, 1855, box 1, folder 4, John Bernhisel Papers, MS 370, CHL. 413 John M. Bernhisel to Emma Smith, October 9, 1847, P4, f7, Emma Smith Papers, CCA. 414 Joseph Smith III to John M. Bernhisel, March 23, 1855, box 1, folder 4, John Bernhisel Papers, MS 370, CHL. Joseph Smith III later became the leader of a sect that rivaled Brigham Young's leadership. He credited Bernhisel with laying the educational foundation that prepared him to lead his church. In addition to tutoring young Joseph while living in Nauvoo, Bernhisel later used his franking privileges in Congress to send him books and other printed materials to further his education. The two remained close even though they were part of rival sects. Joseph III later noted that unlike others Bernhisel "did not venture a criticism of what I had done." See Bruce W. Worthen, "A Member of the Family: Dr. John Milton Bernhisel and the Aftermath of the Martyrdom 146 By October 9, 1847 Bernhisel had departed Nauvoo to travel the three hundred miles to Winter Quarters, Nebraska. When he arrived, he discovered that his wife Julia Ann was desperately ill. He also learned that his stepdaughter Mary Helen was engaged to George R. Grant - a Mormon who had moved in with the family the previous year. They married on December 10, 1847 - just two weeks before Mary Helen's sixteenth birthday. She feared that if she waited any longer, her mother would not live to see their marriage. While Julia Ann survived the winter, others were not as lucky.415 When Young returned to the Camp of Israel in the fall of 1847, he found that many of the Latter-day Saints were still suffering from the hardships of the brutal winter of 1846/47. Bernhisel reported to the Quorum of the Twelve Apostles on November 15, 1847. The Church leadership was busy planning for the future. The decisions they made that month would have a lasting impact on the direction the Latter-day Saints would take in their future settlements. Their meetings were often contentious. Nonetheless, they revealed a determination to unite the scattered Latter-day Saints and make a permanent settlement in the West ruled on theopolitical principles. In the short-term however Young and the Apostles concluded that they would have to suspend one aspect of Mormon Nationalism to see that the violence of Illinois did not follow them into Iowa and Nebraska. Mormon leaders concluded to disperse the Latter-day Saint population rather than of Joseph Smith," The John Whitmer Association Journal 36 (Spring/Summer 2016): 110-130. Mary Helen Grant, "Incidents in the Life of Mary Helen Grant," Journal of History 11 (April 1917): 178-179. The historical record is unclear concerning the location of Bernhisel's other wives at this time. 415 147 have one large gathering place. Therefore, Young and the Apostles voted to abandon Winter Quarters, Nebraska and move those not leaving for the Great Basin that season to Iowa on the east side of the Missouri River.416 The Latter-day Saints would then build some forty settlements within a forty-mile radius of a small headquarters near Council Bluffs, Iowa. These settlements would consist mostly of farms that would provide food and other supplies in support of the Mormon emigration. They would then be sold at a profit after the bulk of the Latter-day Saints had left for the Great Basin.417 Young and the Apostles did not seek the advice of rank and file Mormons in making these far-reaching decisions. Instead, the Mormons had the right of "common consent" which allowed them to grant or withhold approval of their leaders' decisions with a majority vote. While Church leaders expected a positive outcome to their proposals, they did not proceed with their plans if their followers rendered a negative decision. It was what the Mormons called a "theodemocracy" and it was central feature of Mormon Nationalism. Apostle Willard Richards described theodemocracy as "the power of God 416 Minutes of the Quorum of the Twelve Apostles, November 8, 1847, box 1, folder 58, Church Historian's Office, General Church Minutes, CR 100/318, CHL. The Otoe and Omaha Indians were the owners of the land and had allowed the Mormons to use it temporarily in exchange for building improvements the tribes would retain. The settlement had been a temporary expedient designed to allow the first pioneers an early start to their journey westward without having to worry about a spring crossing of the Missouri River. See Bennett, We'll Find the Place, 282. Bennett, We'll Find the Place, 281-283. Church leaders originally called the area where they built the new headquarters "Miller's Hollow." They later changed the name to "Kanesville" in honor of Philadelphia aristocrat Thomas L. Kane who had provided assistance to the Mormons. 417 148 untrammeled."418 In this form of government, the Latter-day Saints ceded to their leaders the power to direct where they would live, what work they would do, and even how they would deploy their financial resources. Such a form of government proved particularly effective on the frontier during the early stages of development and the Mormons were not the only ones who took such an approach.419 Nonetheless, when done for the purpose of establishing an American Zion, outsiders often interpreted such acquiescence as fanaticism. With the reorganization of the Camp of Israel underway, Young felt that the next order of business was the reorganization of Church leadership. Since the death of Joseph Smith, the Quorum of the Twelve Apostles had led the Church as a body. They had put off the decision to reorganize the First Presidency of the Church with Brigham Young as the head - fearing it might give him too much power. Young wanted to resolve the issue however. "A decision has got to be made one way or the other," he declared.420 The other Apostles were reluctant to name Young as the President of the Church however. In a contentious meeting of November 16, 1847, many of them voiced reservations about his bruising style of management as well as his often caustic 418 Minutes of the Quorum of the Twelve, November 16, 1847, series 9, box 12, folder 3, Leonard Arrington Collection, LJAHA COL 1, USU. 419 The compacts of the Ohio Company required settlers to put the needs of the community before their own concerns. In addition, militias not only provided protection but often served as the civil government. They usually governed settlers under military rules. Nonetheless, these early frontier societies were not military dictatorships. Settlers consented to these institutions despite the fact that they were far more controlling of their lives than the governments in the settled East. See Rohrbough, Trans-Appalachian Frontier, 5, 57-67. 420 Minutes of the Quorum of the Twelve Apostles, November 15, 1847, box 1, folder 58, Church Historian's Office, General Church Minutes, CR 100/318, CHL. 149 criticisms. Young defended himself saying that the only way to save souls "is to talk as I do." Meanwhile, Young had some complaints of his own. He protested the condescending treatment he felt he had received from many of the other Apostles because of his lack of formal education. Apostle Heber Kimball had similar concerns. He reported that while in England, Apostle John Taylor "treated me as if I was not a man of sense." Taylor managed the Latter-day Saints' Millennial Star - the Church's newspaper in the British Isles. His habit of editing sermons for grammar and content had been particularly galling to Kimball.421 After airing their personal feelings, the Apostles returned to the business at hand. In arguing for greater power, Young was respectful but tenacious in making his points. He listened to his critics' grievances and answered them with varying degrees of patience. Finally, the Apostles voted nine to one to name him as the new President of the Church. Orson Pratt, who had cast the lone dissenting vote, was gracious in defeat. He paid homage to Young saying that he was "the best calculated to stand at the head of the Church." Young managed to be magnanimous as well. "I mean to improve my tongue and guard it more," he declared. "A man knows when he does wrong - I do mean that my tongue shall not offend my brethren - I shall & do want to grow with you."422 One sticking point still remained before finalizing Young's elevation however. While the Apostles had given him the same title that Joseph Smith had used, many were not as willing to give Young the same sweeping powers. For three more weeks, Orson 421 Minutes of the Quorum of the Twelve, November 16, 1847, series 9, box 12, folder 3, Leonard Arrington Collection, LJAHA COL 1, USU. 422 Minutes of the Quorum of the Twelve Apostles, November 16, 1847, box 1, folder 58, Church Historian's Office, General Church Minutes, CR 100/318, CHL. 150 Pratt and other Church leaders agonized over the scope of Young's authority. They could only extract vague promises from Young that he would use his power appropriately and consult with the Apostles when necessary. Nonetheless, the opposition soon melted and on December 27, 1848 the general membership in the East voted to accept Young as Joseph Smith's successor.423 Those in the Great Basin and elsewhere would do the same in the near future.424 Young's exercise of his expanded powers would produce mixed results. On the one hand, he provided strong and decisive leadership to the large Mormon population that was still reeling from the loss of their homes and their struggles in their land of exile. His forceful personality often proved effective in channeling the energies of the Latter-day Saints in constructive ways. On the other hand, Young could be equally determined in carrying out poor decisions. This would become apparent in his future dealings with outsiders - especially the federal government. Young and the Apostles were not unaware that they would have to deal with Congress and the President in their new homeland. This were not willing to compromise Mormon Nationalism to placate Washington however. After some discussion they hit upon a plan for dealing with the realty of federal authority. Instead of compromising with Washington, they opted for a policy of deception. In a fateful decision of November 13, 1847, Young and the Apostles decided that the best way to avoid problems with the federal government was to petition Congress to establish a traditional form of 423 Gary James Bergera, Conflict in the Quorums: Orson Pratt, Brigham Young, Joseph Smith (Salt Lake City: Signature Books, 2002), 61-83. 424 Bennett, We'll Find the Place, 291-292. 151 government in the Great Basin - but only "as a blind."425 They then made plans to hide their theodemocracy behind a faux government - knowing that such a deception could only work as long as the Mormons held all the government offices. This soon proved to be impractical and it was only a matter of time before the plan unraveled - with disastrous consequences. Inventing the State of Deseret In June of 1848 the second exodus of the Mormons to the Great Basin commenced with Young leading some two thousand Latter-day Saints to the Great Basin.426 Bernhisel was among those in the large caravan. He traveled with Elizabeth and Julia Ann - two of his wives for "time and eternity." In the same company was his infant son John Milton Bernhisel Junior. He also traveled with his two plural wives "for time only" - Melissa Lott and Permelia Darrow Lott. Permelia's other husband Cornelius was also in the company.427 Elizabeth's mother - and Bernhisel's plural wife - Catherine Burgess Barker waited until 1849 to make the journey to the Great Basin with her other husband Thomas Barker.428 Meanwhile, Bernhisel's plural wife Fanny Spafford had died 425 Minutes of the Quorum of the Twelve Apostles, November 13, 1847, box 1, folder 58, Church Historian's Office, General Church Minutes, CR 100/318, CHL. 426 Turner, Brigham Young, Pioneer Prophet, 175. "Emigration of 1848," December 31, 1848, Church Historian's Office, Journal History of the Church, 1896-1923, CR 100/137, CHL. See also "Pioneer Woman Called," January 4, 1909, Deseret News (Salt Lake City). See also Hamilton Gardner and Lehi Centennial Committee, Lehi Centennial History, 1850-1950: A History of Lehi for One Hundred Years (Lehi, UT: Free Press Pub., 1950), 404. 427 See "Handcart Pioneer of 1849 is Dead," Salt Lake Evening Telegram (Salt Lake City), 28 Feb. 1912. This is the obituary for John T. Barker, the son of Catherine Burgess Barker and Thomas Barker. 428 152 in Nauvoo just two months after marrying the doctor.429 Another plural wife, Dolly Ransom, died in Illinois in 1852, having never journeyed to the Great Basin.430 The historical record is unclear concerning Bernhisel's remaining plural wife Catherine Paine, but she apparently remained in the East and died in New York City in 1861.431 Bernhisel had little time to spend with his large and complex family once he reached the Great Basin. He would soon be returning east. Bernhisel would spend most of the next fifteen years in Washington convincing Congress to appropriate funds for Mormon settlements while trying to keep the conflicts between the Latter-day Saints and the federal government from exploding into violence. It would prove to be a daunting challenge. Bernhisel arrived in the valley on September 24, 1848, some four days after 429 Fanny Spafford died on April 23, 1846 in Nauvoo Illinois. See Susan Easton, Membership of the Church of Jesus Christ of Latter-Day Saints 1830-1848 (Provo, UT: Religious Studies Center, Brigham Young University, 1984), 40:755-756. 430 Dolly Ransom died on June 22, 1852 in Nauvoo, Illinois. See The Church of Jesus Christ of Latter-day Saints, "Pedigree Resource File," database, FamilySearch (https://familysearch.org/ark:/61903/2:2:M1XS-GHZ : accessed 2016-05-19), entry for Dorothy Maria RANSOM, submitted by jevans2704961. Church records list Bernhisel's plural wife's name as Catherine Paine. See Anderson and Bergera, The Nauvoo Endowment Companies, 1845-1846, 437-438. However this may have been Catherine Payne who is listed elsewhere in Church records participating in the rituals of the Nauvoo Temple at this time. See Anderson and Bergera, The Nauvoo Endowment Companies, 1845-1846, 553, 562. Catherine Payne (formerly Catherine Nichols) was still married to another faithful Latter-day Saint named William Payne. See Easton, Membership of the Church of Jesus Christ of Latter-Day Saints 1830-1848, 623. They came to the Great Basin in 1850. See "Death of William L. Payne," Deseret Weekly (Salt Lake City), December 31, 1892. Most likely however Bernhisel's plural wife was Catherine Joanna Paine who remained in the East and may have married a man named John Wilkie. She died in New York on December 20, 1861. See Nauvoo Community Project (http://nauvoo.byu.edu/ViewPerson.aspx?ID=48272: accessed 2017-04-09). 431 153 Brigham Young.432 Now that the Mormons were isolated from other peoples and polities, they set about creating the political, economic, and social institutions needed to facilitate their new community.433 On December 9, 1848, Mormon leaders began the process of creating a formal government structure. They created a petition asking Congress to make the Great Basin a United States territory - "giving them to understand at the same time that we wanted officers of our own nomination."434 Church leaders then nominated prominent Latter-day Saints for all the territorial positions and put them to a vote of residents on March 12, 1849 for their ratification.435 On May 4, 1849, Bernhisel left for Washington with the petition and other supporting documents. Almost immediately however the plan for a territorial government ran into difficulties. Mormon advisors in the East informed Young that Congress and the President would almost certainly fill most of the territorial offices with patronage appointments. Young realized that the prospect of having outsiders as government officials would prove disastrous. He quickly decided that the Mormons should join the "Emigration of 1848," December 31, 1848, Church Historian's Office, Journal History of the Church, 1896-1923, CR 100/137, CHL. 432 433 California and New Mexico had military governments, but their authority did not extend to the Great Basin. See "Speech of Mr. Clay," Daily National Intelligencer (Washington, DC), May 25, 1850. Referring to the Great Basin, Senator Henry Clay noted that, "There is no government there, unless such as the necessities of the case have required the Mormons to erect for themselves." John D. Lee, A Mormon Chronicle : The Diaries of John D. Lee, 1848-1876 (San Marino, CA: Huntington Library, 2003), Dec 9, 1848. 434 435 Stout, On the Mormon Frontier, 348-349. This entry shows Mormon theodemocracy in action. The Mormon leadership had the sole power to nominate officials, but these officers still needed the consent of the governed to assume office. In addition to receiving a unanimous voice vote, the Council of Fifty circulated a petition among the people to affirm their support for the proposed territorial government. 154 Union as a state instead. He promptly ordered Bernhisel not to present the petition for a territorial government to Congress. Young then set about preparing the necessary paperwork for statehood. Mormon leaders followed well established practices for petitioning Congress to enter the Union as a state. In quick order, they held a convention, elected a legislature, wrote a constitution, and created a memorial to Washington requesting statehood. Remarkably, they managed to accomplish all these tasks in just two weeks.436 They saved considerable time and expense by not actually holding the convention, having an election, or convening the legislature however. Those events existed solely on paper. Church leaders were only interested in creating the appearance of a traditional government, so it made perfect sense to create only the appearance of a constitutional convention, an election, and the meetings of the legislature. During the first two weeks of July, they had produced all the necessary paperwork for admission to the Union including a constitution for a new state they called "Deseret."437 Mormon leaders led Congress to believe that the residents of the Great Basin had established a provisional government based on the Constitution of Deseret. They represented that it was a traditional form of government with separate judicial, legislative, 436 Constitution of the State of Deseret, with the Journal of the Convention Which Formed It, and the Proceedings of the Legislature Consequent Thereon (Washington, D. C.: Wm M. Belt, 1850). 437 Apostle Franklin D. Richards, a member of the Council of Fifty, described the process as follows: "Thursday, July 19, 1849. Attended council the two weeks past at which the Memorial - Constitution of the State of Deseret - Journal of its Legislature - Bill or Declaration of Rights & the election of A. W. Babbitt as Delegate to Congress was all accomplished." See July 19, 1849, box 1, volume 9, Franklin D. Richards Journal, MS 1215, CHL. See also Peter L. Crawley, "The Constitution of Deseret," BYU Studies 29 (Fall 1989): 7-22. 155 and executive branches. This of course, was only to humor Washington. The real government of Deseret was still a "theodemocracy" in which Church leaders performed all these functions. This dual form of governance sometimes created confusion among the Latter-day Saints. When Mormon settler Hosea Stout discovered that he was a member of the provisional state legislature he wrote in his diary, "By what process I became a Representative I know not."438 Nonetheless, the records that the Mormons presented to Congress showed that Stout had played a key role in the legislature going back to the first week of July 1849. Stout seemed unaware of his important contributions in forming the government of Deseret however - as his journal indicates that he was busy building a barn that week.439 The fact that these Mormon political institutions did not really exist did not stop newspapers in the East from praising them however. The New York Daily Tribune acclaimed the Constitution of Deseret as one of the best in the nation and expressed relief that the Mormons had abandoned the theopolitical teachings of Joseph Smith in favor of a form of government consistent with the governments of other states.440 Meanwhile, the Daily Missouri Republican marveled at the dispatch with which the Latter-day Saints had created their constitution. In one respect at least, the Convention which formed the Constitution for the new 438 Stout, On the Mormon Frontier, December 4, 1849. 439 Compare Constitution of the State of Deseret, with the Journal of the Convention Which Formed It, and the Proceedings of the Legislature Consequent Thereon (Washington, D. C.: Wm M. Belt, 1850) with Stout, On the Mormon Frontier, July 1, 1849-July 7, 1849. 440 "State of Deseret," New York Daily Tribune, December 29, 1849. 156 State, has set a good example. They were employed only one week in action upon it, and we do not see but what it is as good a one as some of our States have been able to form after months of deliberation.441 The State of Deseret was the fulfillment of the previous winter's plan to hide theodemocracy behind a façade or "blind" of traditional republicanism.442 It was doomed to failure however. Federal officials soon arrived and discovered that the Mormon form of government was far different from the one that Bernhisel had presented to Congress. They quickly grew angry at the Mormon deception. In the end, the attempt to hide theodemocracy was not only counterproductive but probably unnecessary as well.443 The actual machinery of the Latter-day Saint form of government was not remarkably different from what other communities in the West had put into operation to bring order to the darkness and danger of the frontier. While the Mormons had relied on scripture rather than Blackstone for inspiration, their theodemocracy was quite similar to the "State of Deseret," Daily Missouri Republican (St. Louis), October 1, 1849. The Daily Missouri Republican managed to obtain a copy of the application for statehood. Newspapers in Washington and elsewhere quickly reprinted the article. See "State of Deseret," Daily National Intelligencer (Washington, DC), October 9, 1849. 441 442 Minutes of the Quorum of the Twelve Apostles, November 13, 1847, box 1, folder 58, Church Historian's Office, General Church Minutes, CR 100/318, CHL. 443 Judge Perry Brocchus was among the first federal officials to arrive in the Great Basin to participate in the territorial government. He had expected the Mormons to receive the federal officials "not only with feelings of toleration, but also with indications of cordiality" because of their reputation "as an enterprising, energetic, and hospitable people; which opinion I had formed, cherished, and often expressed, before my departure, and afterwards, until I arrived in their midst." See Perry E. Brocchus, Letter of Judge Brocchus of Ala. to the Public upon the Difficulties in the Territory of Utah. (Washington, DC: H. Polkinhorn, 1859), 16-17. In a speech to a Mormon audience Judge Brocchus praised certain aspects of Mormon government - especially their system of mediating frontier conflicts. Nonetheless, Brocchus took serious exception to the hostility and defiance that Brigham Young and other Latter-day Saint leaders had displayed toward the federal government. See entry of September 7, 1851 in Church Historian's Office, Manuscript History of Brigham Young, CR 100/102, volume 21, 62-63, CHL. 157 temporary forms of governments that had existed in Tennessee, Texas, Michigan, Ohio, and elsewhere during their early frontier experience. Arthur St. Clair, the Governor of the Northwest Territory from 1788 to 1802, had fostered social, political, and economic systems that looked similar to Latter-day Saint institutions. Like the Mormons, St. Clair was faced with the task of establishing structure and order in a land that inclined toward chaos and violence. In theory, he governed under the provisions of the Northwest Ordinance of 1787, but for more than a decade he ruled autocratically. While Congress had prescribed a centralized government for the Northwest Territory, the lack of infrastructure had made it unworkable. Instead, St. Clair appointed local officials and gave them dictatorial powers. For over a decade, St. Clair legislated laws to suit the occasion instead of employing the services of a territorial legislature. Not surprisingly, St. Clair's governance drew harsh criticism from members of Congress who considered it unconstitutional. However, St. Clair argued that failing to adapt the government to the unique character of the land and its people would have invited anarchy.444 Throughout the West, other frontier leaders made similar decisions. On May 25, 1850 Texas Senator Sam Houston sent Brigham Young some advice about providing a government for the Latter-day Saints in the Great Basin. Houston was well-versed in the dynamics of frontier settlements. He had been the Governor of Tennessee from 1827 to 1829 and in 1836 he became the first President of the Republic of Texas.445 These experiences impressed upon him the importance of establishing a 444 445 Rohrbough, Trans-Appalachian Frontier, 109-111. Donald Braider, Solitary Star; a Biography of Sam Houston. (New York: Putnam, 1974), 66, 81. See also Braider, Solitary Star; a Biography of Sam Houston., 172. 158 system of justice that would keep frontier conflicts from turning into blood feuds. Houston suggested that Young establish a system of arbitration in place of a formal court of law. He recommended creating a panel consisting of two or three respected members of the community to handle disputes. "If either party should be dissatisfied with their decisions, instead of appealing to a court of law, let him appeal to another arbitration consisting of, say half a dozen or a dozen of men," Houston counseled. He then went on to say that legal precedents should not govern the arbitrators but rather their decision should "always be according to justice and equity." Houston also suggested Young discourage lawyers from settling in the valley and setting up law practices.446 As it turned out, Houston had worried needlessly that Young would encourage lawyers to set up shop in Deseret. In fact, the Latter-day Saint leader had already created a system of arbitration that was remarkably similar to what Houston had employed in Texas and Tennessee.447 Within weeks of establishing new settlements in the West, Young had appointed Church leaders to mediate conflicts without lawyers or reference to legal precedents. Young's instructions to Mormon courts echoed the ideals that Sam Houston had advocated. "Never suffer anyone to come and make long pleas or smug testimony and judge law or no law," Young instructed Mormon courts. He advised those 446 John Bernhisel to Brigham Young, September 12, 1850, box 60, folder 10, BYP. During this time, Sam Houston was a Senator from Texas. He spoke with Bernhisel in Washington concerning his ideas of frontier governance and urged the doctor to communicate them to Brigham Young. 447 John Bernhisel to Brigham Young, September 12, 1850, box 60, folder 10, BYP. Bernhisel assured Sam Houston that in Mormon settlements "we have no use for lawyers." Houston replied, "That is a happy country." 159 deciding cases to do so with reference to scripture and spiritual insight. "Never suffer yourselves to come and try a case in darkness but have the spirit of light," he counseled. Young also established a policy that was sure to create conflicts with federal officials however. "Gentile judges shall not hold court," he decreed.448 Meanwhile, Young and the Apostles directed other aspects of the Mormon government in a style that was reminiscent of Arthur St. Clair's leadership of the Northwest Territory. On August 22, 1847 Young held an organizing meeting of Mormon settlers and announced "it is the right of the Twelve to nominate the officers, and the people to receive them."449 Young and the Apostles then submitted several proposals to the Mormons for their approval. They included establishing a "High Council" of fifteen men led by Father John Smith, an uncle of Joseph Smith, as the municipal government of the valley.450 Young and the Apostles then established a policy of mandatory 448 Minutes of Meetings, March 26, 1851, series 9, box 12, folder 7, Leonard Arrington Collection, LJAHA COL 1, USU. Howard Egan, Pioneering the West, 1846 to 1878 : Major Howard Egan's Diary (Richmond, UT: H.R. Egan Estate, 1917), August 22, 1847. See also Bullock and Bagley, The Pioneer Camp of the Saints, August 22, 1847. Thomas Bullock and Jesse Little both served as clerks and took minutes of this important meeting. For Jesse Little's version of this meeting see "Jessee C. Little Minutes," August 22, 1847, box 1 folder 3, Jesse C. Little Collection, MS 28541, CHL. 449 450 Like others on the frontier in similar situations, the Church quickly took over the task of providing structure and order to society. The High Council was put in charge of public works, resolving conflicts between settlers, and establishing rules for the settlement. During its first week of operation, the High Council ordered the building of a grist mill, made plans to build a fort, appointed a committee to "lay out farming land," and held a trial to mediate a contract dispute between settler Joseph Thorn and Abraham O. Smoot over blacksmithing services. See entries of October 4, 1847, October 5, 1847, October 9, 1847, and October 10, 1847 in Salt Lake High Council Minutes October 4, 1847 to July 22, 1848, MS 3426, CHL. In later meetings, the High Council instituted municipal ordinances to regulate a variety of issues from barking dogs to the height of chimneys. They also established a system of taxation. See entries of November 3, 1847 and 160 participation in public works. They also fixed quotas and prices for wheat, corn, and oats for the coming season. They also sectioned off the city, told people where they would live, and named landmarks. They then asked for the consent of the residents. The settlers voted unanimously to implement all their decisions.451 As the population of the settlement grew, the government grew with it. In December 1848 the Council of Fifty reconvened and by January 6, 1849 its members had taken over many of the municipal duties from the High Council.452 They then began directing everything from the appointment of local officials to organizing a committee to deal with the problem of animal predators.453 It proved to be an efficient form of government for the frontier settlement but it would not survive for long. In the coming years federal officials would arrive in the Great Basin and attempt to impose a territorial form of government on the Latter-day Saints. The reluctance of the Mormons to compromise with Washington would soon create a multitude of headaches for Bernhisel. He would quickly discover that Young proved to be as determined in following unwise policies as he was in pursuing proven frontier practices. Meanwhile, February 12, 1848 in Salt Lake High Council Minutes October 4, 1847 to July 22, 1848, MS 3426, CHL. 451 Bullock and Bagley, The Pioneer Camp of the Saints, 262-264. See also B. H. Roberts, Comprehensive History of the Church of Jesus Christ of the Latter Day Saints (Brigham Young University Press, 1965), 3:302-303. Klaus Hansen, Quest for Empire : The Political Kingdom of God and the Council of Fifty in Mormon History (Lincoln: University of Nebraska Press, 1974), 124. The Council of Fifty in Utah during this period was often referred to as the "Legislative Council of the Great Salt Lake City." See Grow et al., Council of Fifty, Minutes, xliv. See also Grow et al., Council of Fifty, Minutes, xlivn99. 452 453 Lee, A Mormon Chronicle, Dec 9, 1848. 161 Young's habit of caustic defiance would not play well with political appointees who had powerful patrons and a history of getting their way. Complicating matters further was the fact that these officials would be totally unprepared for the reception that they would receive from the Mormon leader and his angry followers. The deception of the State of Deseret had led them to believe that the Latter-day Saints were typical American settlers - which was far from the truth. Meanwhile, in the East, a sympathetic aristocrat was attempting to aid the Latter-day Saints with a deception of his own. He was soon using an effective artifice to create a far different image of Brigham Young and the Mormons from the reality that awaited federal officials who would attempt to wield power in the Great Basin in the near future. While his efforts were well-meaning - they too would have disastrous consequences. "Eternal Shame to Illinois" Shortly after arriving in the East, John Bernhisel wrote to Brigham Young with news that public sentiment toward the Mormons had undergone an astonishing transformation. "Though we were formerly not esteemed good citizens we are doubtless now regarded as sterling patriots," the doctor wrote enthusiastically. With a touch of irony, Bernhisel then added a well-known couplet of the day that lampooned England's policy of exiling criminals and other undesirables to foreign lands: True patriots we, for be it understood - We left our country, for our country's good.454 454 John Bernhisel to Brigham Young, September 10, 1849, box 60, folder 9, BYP. This couplet is of unknown authorship but was popularly associated with George Barrington, a notorious eighteenth-century pickpocket who stole from the social elites of Great Britain while posing as a descendent of royalty. British authorities exiled Barrington to a penal colony in Australia in 1791. See Douglas Pike, Australian Dictionary of Biography. (Melbourne; London; New York: Melbourne University Press; Cambridge University Press, 1966), 1:62-63. The verse whimsically suggests that criminals who accepted exile 162 It seemed that public opinion had indeed undergone a dramatic change for the better beginning in mid-November 1846 when unsigned letters from residents in Nauvoo, Galena, St. Louis, and Ft. Leavenworth began appearing in the eastern newspapers. On November 17, 1846, the New York Daily Tribune published one such letter that reported on the activities of the Carthage Convention in driving the Mormons from Nauvoo. The writer described the Mormons as being among "the most respectable and wealthy and prudent men of the State." It then related how they had become victims of a ruthless mob that had driven them from their homes at the point of bayonet. The letter claimed that the vigilantes had "pillaged houses at pleasure and insulted women and children without hesitation."455 Similar letters appeared in newspapers throughout the East. The letters were not what they appeared to be however. They had not come from the residents of Missouri and Illinois. They had all originated in Philadelphia and had come from the pen of Col. Thomas L. Kane - the aristocrat who had befriended the Mormons in the summer of 1846. With some satisfaction, Kane wrote Church leaders to take credit for the letters that had supposedly come from concerned citizens in the West. He then explained the motives behind his fabrication. Kane earnestly desired to provide relief to the Latter-day Saints. The suffering of the Camp of Israel had deeply troubled him. However, Kane felt that it would be "next to impossible" to help the Mormons until he "corrected" their public image. Therefore, he were true patriots. See Robert Jordan, "The Barrington Prologue," Script & Print 31:1 (2007): 39-40. 455 "The Outrages at Nauvoo," New York Daily Tribune, November 17, 1846. 163 had set out to "manufacture public opinion"456 At first, his efforts had proved beneficial. Horace Greeley, the crusading editor of the New York Tribune, had responded to Kane's letter writing campaign with a call for justice for the Mormons and "eternal shame to Illinois." Other newspapers soon followed suit.457 By the time Bernhisel arrived in the East, civic-minded individuals in Boston, Philadelphia, New York, and Washington were holding fund-raisers for the poor suffering Saints.458 The twenty-four-year-old Thomas Kane took immense satisfaction from the success of his letter writing campaign. His achievement had pleased other members of his family as well. Kane had learned the art of manufacturing public opinion from his father John Kane whose gift for writing and understanding of popular passions had made him an influential ghost writer for prominent politicians. John Kane had used his skills to help elect a host of local and national leaders including Andrew Jackson. He had then passed on his techniques for planting favorable stories in the newspapers to his children. He had hoped they would use these skills to promote their own careers and bring notoriety to the Kane family. Thomas seemed more interested in using the skills his father had taught him 456 Thomas L. Kane to Brigham Young, December 2, 1846, box 60, folder 9, BYP. In this letter to the Mormon leader, Kane admits to authoring the letters that appeared anonymously in newspapers in the East. He describes one letter as having just been published in the Pennsylvania newspapers. See "Letter to the Editor," The North American (Philadelphia, PA), December 2, 1846. Another unsigned letter supposedly written from "Fort Leavenworth, Upper Missouri," also appears to be a Kane creation. See "The Mormons - Their Persecutions, Sufferings and Destitution," New York Daily Tribune, December 16, 1846. See also Grow, Liberty to the Downtrodden, 74-75. "Eternal Shame to Illinois," New York Daily Tribune, January 26, 1847. See also Grow, Liberty to the Downtrodden, 75. 457 See "Meeting for the Relief of the Mormons," box 1, folder 47, Jesse C. Little Collection, MS 28541, CHL. See also Worthen, "The Runaway Officials Revisited," 25- 26. 458 164 in the cause of philanthropy however.459 Kane skillfully blended fact and fiction to manufacture an image of the Latter-day Saints that appealed to the sensibilities of antebellum Americans. He also tied the trouble the Mormons were experiencing to the adjacent issues of religious liberty and the plight of suffering humanity that were common during this time.460 He lectured extensively about the Latter-day Saints and produced a pamphlet entitled The Mormons that received wide distribution. He supplied Bernhisel with copies of the pamphlet which the doctor delivered to the White House, Congress, and to other prominent Washington politicians. While not always factual, Kane's image hit all the right notes with the reform-minded elites of the day.461 A key component of the new image he had manufactured was the unwavering patriotism of the Mormons - even in the face of violent persecution. Kane insisted that the Mormons were a people who had always put the interests of 459 Mark Metzler Sawin, Raising Kane: Elisha Kent Kane and the Culture of Fame in Antebellum America (Philadelphia: American Philosophical Society, 2008), 8-10. Kane's eldest son Elisha was also a skilled writer. Elisha enjoyed travelling to exotic places. He soon became one of the most well-known adventurers of his day. His writings, although frequently embellished, captured the public's imagination for more than a decade. See Sawin, Raising Kane, 33. Originally, Thomas Kane had made plans to write a book about his meetings with Brigham Young and his observations of the exotic Latter-day Saints. After seeing Mormon suffering however he returned to the East where he began to devote himself more to philanthropy than self-promotion - although both are clearly present in his writings. See Sawin, Raising Kane, 38. 460 Grow, Liberty to the Downtrodden, 72. Horace Greeley tied Kane's narrative to other examples of evils "committed by our own government and suffered to pass without public chastisement or even rebuke." His lengthy list of wrongdoings included everything from the Indian expulsions from their ancestral homes to the Salem witch trials. See "The Mormons in the Wilderness," New York Daily Tribune, February 17, 1848. 461 165 their country first - even during their darkest hours.462 Kane claimed that the Mormons had never faulted the federal government or the country as a whole for the suffering they had endured. Kane noted that the Mormons "had twice been persuaded by State Government authorities in Illinois and Missouri, to give up their arms on some special appeals to their patriotic confidence, and had been left to the malice of their enemies." Nonetheless, when the opportunity arose to enlist in the Army, the Mormons did not hesitate. "The feeling of country triumphed. The Union had never wronged them," Kane proclaimed. He then described how Church elders had brought out an American flag "from the storehouse of things rescued" and used it to rally support for the war. The result was that "in three days, the force was reported, mustered, organized, and ready to march."463 In the short term, the transformation of the Latter-day Saints from deluded fanatics to patriotic victims proved effective. This comforting image of the poor suffering Latter-day Saints came at the expense of important realities however - including the fact that the Mormons could never live up to the lofty expectations that Kane had set for them. The dissonance between Kane's image of sterling Mormon patriots and the reality of Mormon fury toward the nation and its leaders for their failure to render them justice or aid after their expulsions from Missouri and Illinois would soon prove disastrous.464 462 Thomas Kane, The Mormons. A Discourse Delivered Before the Historical Society of Pennsylvania: March 26, 1850. (Philadelphia: King and Baird Printers, 1850), 28-29. 463 464 Kane, The Mormons, 29-30. Joseph Smith wrote that if the governments of earth did not provide justice to the Mormons "then will the Lord arise and come forth out of his hiding place, and in his fury vex the nation." See Joseph Smith, Doctrine and Covenants, Pearl of Great Price (Salt Lake City: The Church of Jesus Christ of Latter-day Saints, 1982), Section 101:86-89. Bernhisel consistently interpreted the events leading up to the Civil War as a fulfillment 166 Bernhisel had witnessed the suffering and anger of the Latter-day Saints in Illinois. He had also attended the free-wheeling meetings of the Council of Fifty and the Quorum of the Twelve Apostles. He understood that if the federal government ever sent officials from Washington to govern the Great Basin that Mormon anger would boil over causing a potentially deadly rift.465 Mormon Nationalism could only survive as long as the Latter-day Saints remained isolated and free to rule themselves - something that national events would make impossible. Thousands of forty-niners would soon crowd the overland trails - elevating the importance of the Great Basin as a vital thoroughfare to the Pacific. Before long federal officials would arrive to assume control of the crossroads of the West only to come face to face with the reality of Mormon anger against the government and people of the United States. While Mormon leaders were able to form a mutually advantageous relationship with the emigrants passing through to the Pacific Coast, they could never overcome their distrust of Washington to form a similarly advantageous relationship with the federal government. Such a partnership would invariably require compromise over the limits of Mormon Nationalism. The refusal of Young and the Apostles to bend to Washington power would push the Latter-day Saints to the brink of war. Bernhisel soon found himself caught in the middle of the conflict - desperately trying to avoid a repetition of the violence of the past. of this statement. See John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. 465 John Bernhisel to Wilford Woodruff, March 22, 1850, box 6, folder 18, Wilford Woodruff Papers, MS 1352, CHL. CHAPTER VII GREAT BASIN CONFLUENCE If a common territorial government be given us, and we should not accept it, it would be rebellion, and we should bring down upon us the indignation of the whole nation, and measures would be taken to enforce it, and it is superfluous for me to tell you what the consequences would be.466 --John Bernhisel to Wilford Woodruff, March 22, 1850 Former Mormon Battalion soldiers, wintering near Sutter's Mill in 1848, had been among the first to learn of the discovery of gold in the hills of California.467 The news ignited a stampede of some 80,000 California-bound emigrants in the spring of 1849.468 While many went by sea, a large portion of the emigrants went overland with some ten thousand of them passing through the Great Basin on their way to the Pacific Coast.469 466 John Bernhisel to Wilford Woodruff, March 22, 1850, box 6, folder 18, Wilford Woodruff Papers, MS 1352, CHL. 467 While waiting for the end of the winter of 1847-48, many members of the Mormon Battalion took up residence in Coloma, California and went to work at nearby Sutter's Mill. Mormon Battalion soldier Henry Bigler wrote in his diary under the date of January 24, 1848 that "some kind of metal was found in the tail race which looks like gold." See Henry W. Bigler, "Extracts from the Journal of Henry Bigler," Utah Historical Quarterly 5 (April 1932): 92-95. 468 Malcolm J. Rohrbough, Days of Gold: The California Gold Rush and the American Nation (Berkeley: University of California Press, 1997), 1. 469 Arrington, Great Basin Kingdom, 68. 168 While most of the emigrants spent only a few days among the Mormons, some stayed for the winter to recuperate from their journey and prepare for the final push to the Pacific Coast.470 Bernhisel first encountered the forty-niners when he arrived at Council Bluffs, Iowa on his way to Washington. When the doctor discovered the emigrants' plans to travel through the Great Basin on their way to California he became alarmed and attempted to convince them to take a different route. He feared that such a large number of outsiders passing through Latter-day Saint settlements would inevitably come into conflict with Mormon culture and reignite the violence of the past. Few emigrants changed their plans however and the cultural invasion of Deseret was soon underway.471 The forty-niners proved to be the vanguard of a wave of Euroamericans who would disturb the isolation of the Great Basin in the coming years. Federal officials, merchants, and other non-Mormons would soon join them. Bernhisel feared the consequences that could result from this collision of cultures. It seemed that many of the same conditions that had fueled the conflicts between the Mormons and their neighbors in Illinois and Missouri could develop in Deseret. Despite the similarities of the past however there were important differences as well. In the Great Basin, the Mormons were now the "old settlers" intent on preserving their culture, while the miners, merchants, and federal officials were the ones challenging 470 Arrington, Great Basin Kingdom, 70. In 1849, Church leaders discouraged the fortyniners from staying more than a few days in the Great Basic because the Mormons had not built up sufficient food stores to accommodate large numbers of emigrants. By 1850 however conditions had changed and some 1,000 emigrants stayed for the winter. Similar numbers wintered in the Great Basin over the next ten years. 471 John Bernhisel to Brigham Young, September 10, 1849, box 60, folder 9, BYP. 169 the existing social order. The Mormons were in the majority and had the power to resist change. While the potential for violence was still present - conflict was not inevitable. The presence of disparate peoples did not always result in a fight for space - it could also result in a confluence of mutual interests.472 The introduction of outsiders soon put Mormon Nationalism to the test. It also produced mixed results. The American Zion that Brigham Young was attempting to establish in the Great Basin relied on isolation as a cornerstone of its existence. The Latter-day Saints were still bitter and angry over the refusal of the federal government to intervene in the violence and injustice of the past. Not surprisingly, a collision soon erupted when federal officials attempted to assert authority over the Great Basin. On the other hand, the relatively few non-Mormons who settled in Deseret had a more positive experience - even though they chafed under the rule of Young and the Apostles. Finally, the California emigrants who only passed through Deseret on their way west were overwhelmingly thankful for the Mormons. For the Latter-day Saints and the fortyniners, the Great Basin became an economic confluence with each side having something the other desperately needed. Instead of a competition of cultures, they created a cooperative relationship that was both beneficial and lifesaving. A Stranger in a Strange Land among a Still More-Strange People The Mormons and the miners who met in the Great Basin in 1849 had similar problems. They had both greatly underestimated the difficulties that awaited them in the 472 Aron, American Confluence the Missouri Frontier from Borderland to Border State, xvi-xviii. Employing the imagery of America's western waters, Stephen Aron suggests that on the frontier "the coming together of rivers and peoples involved both collisions and collusions." 170 Far West. These problems were not mutual ones however - they proved to be complementary in nature with each party having something that the other needed. This led to an environment of cooperation where two very different peoples worked together to survive on the frontier.473 For the Mormons, the primary problem was the absence of commercial goods. One Latter-day Saint settler wrote that by the time of the California Gold Rush "our clothes and farming implements began to wear out." The shortage of tools made it difficult to continue to raise crops or build houses. In addition, Mormon wagons were falling into disrepair and the Latter-day Saints lacked the basic materials to fix them or build new ones. "Where were we to get the iron work necessary for making them or ploughs, shovels, etc.?" the writer asked. He worried that the absence of basic farming implements would eventually make it difficult to cultivate the ground and soon "food would cease and starvation ensue."474 Meanwhile, the forty-niners had been so eager to reap the riches of the California gold fields that they had prepared for their journey hastily and often foolishly. They attempted to transport too many commercial goods and other supplies across the plains.475 Not surprisingly, a mutually beneficial trade began to emerge between the Mormons and the miners. The forty-niners exchanged their excess goods for wheat, corn, vegetables, oats, and fresh animals. The Mormons could scarcely believe their luck.476 473 Arrington, Great Basin Kingdom, 64. 474 Benjamin Brown, Testimonies for the Truth (Liverpool: S.W. Richards, 1853), 27-28. 475 Rohrbough, Days of Gold, 65. See also Arrington, Great Basin Kingdom, 64. "City of the Great Salt Lake," Missouri Republican (St. Louis), September 27, 1849. In a letter dated July 8, 1849, an emigrant describes the generally unprepared nature of 476 171 One resident remarked that the forty-niners had brought with them the very items they would have carried if the purpose of their journey had been "for relieving the Saints." He saw the forty-niners as a miracle sent from heaven.477 Meanwhile, most forty-niners felt that the food, fresh animals, and services that the Mormons supplied them had been a godsend. They described their impressions of Deseret in euphoric letters written to the newspapers of the East. For those who had just completed a long journey on short rations, the wheat and corn fields appearing in the midst of the desert proved to be an astonishing sight. The yellow stalks quickly came into view as emigrants descended Deseret's canyon corridors. The sight often provoked an emotional response from travelers. One emigrant reported, "Some wept, some gave three cheers, some laughed, and some ran and fairly danced for joy."478 The Mormon economic development of the Great Basin overwhelmed the fortyniners. Herds of cattle, horses, and sheep grazed just below the benches on the valley floor.479 Some one thousand one-story houses made of wood and sun-dried bricks dotted the landscape. Meanwhile, crops blanketed the valley floor far into the distance. those heading to California. He also states that the gold seekers often overtaxed their animals in a rush to get to the fields. The writer notes that he had solved his own problems by disposing of everything, "not actually necessary for the trip." Another correspondent advised other emigrants to "start with a very light load" to avoid delay in arriving at the gold fields. See "Letter from the Salt Lake," Missouri Whig (Palmyra, MO), October 4, 1849. 477 Brown, Testimonies for the Truth, 28. "From the Great Salt Lake," New York Daily Tribune, October 8, 1849. The letter was dated July 8, 1849. 478 "Great Salt Lake City," Missouri Whig (Palmyra, MO), October 4, 1849. This letter, dated July 8, 1849, suggests that the Mormons had 50,000 acres under cultivation. 479 172 After the Camp of Israel's disastrous first winter in Iowa and Nebraska, Brigham Young had directed that every effort be put into producing food in abundance. It created a breathtaking sight for the emigrants. One forty-niner wrote, "The whole space for miles, excepting the streets and houses, was in a high state of cultivation. Fields of yellow wheat stood waiting for the harvest, and Indian corn, potatoes, oats, flax and all kinds of garden vegetables were growing in profusion."480 Another wrote, "I shall never forget the first sight of this valley. It shall ever remain on my mind as the most beautiful spectacle I ever beheld."481 Mormon industry and city building also impressed the forty-niners. Deseret's carefully considered design of town and country stood in stark contrast to the oftenunruly development of the established cities of the East or the boomtowns of the West.482 One visitor wrote, "the bridges are all good, the streets and roads wide, and the fences very regular." He estimated that the relatively modest population consumed "a spot about as large as the City of New-York."483 Another visitor wrote that Salt Lake valley contained about ten thousand residents but that "their city occupies more ground than Pittsburgh."484 Meanwhile the booming trade in goods and services had proven mutually 480 "From the Great Salt Lake," New York Daily Tribune, October 8, 1849. 481 "The Mormon City of the Salt Lake," New York Daily Tribune, October 6, 1849. "Arrival of Gold Dust from the Great Salt Lake, California," New York Herald, October 8, 1849. 482 483 "From the Great Salt Lake," New York Daily Tribune, October 8, 1849. "The Mormon City of the Salt Lake," New York Daily Tribune, October 6, 1849. See also "Great Salt Lake City," Missouri Whig (Palmyra, MO), October 4, 1849. This letter puts the number of residents at five thousand. 484 173 beneficial and desperately needed. Not surprisingly, the forty-niners thought highly of the Mormons and the Latter-day Saints were gracious in return.485 The accounts of the experiences of the miners greatly improved the image of the Mormons in the East. From Washington, Bernhisel reported that the letters of the forty-niners appearing in the newspapers "have removed a mountain of prejudice."486 Those staying for the winter or attempting to settle in the Great Basin permanently often had a less enthusiastic view of Deseret. They soon discovered that the Mormons operated under political, economic, and social customs that were far different from what they had been accustomed to.487 Meanwhile the Latter-day Saints felt no sense of urgency to accommodate the sensibilities of outsiders reasoning that there were far more attractive places available to them for settlement if they were not happy living in One letter written on July 8, 1849 stated "I find the Mormons very accommodating and willing to extend to the emigrants all the hospitality they possibly can." The emigrants traded commercial goods for services such as the shoeing of horses and mules. The letter also stated, "They do not want money here. They want sugar, coffee, tea, and flour." This form of trade was very beneficial to both the Mormons and the emigrants. See "Great Salt Lake City," Missouri Whig (Palmyra, MO), October 4, 1849. See also Dale L. Morgan, "Letters by Forty-Niners Written from Great Salt Lake City in 1849," The Western Humanities Review 3 (April 1949): 95-116. Morgan notes that many of the complaints from forty-niners passing through the valley were directed at Church leaders and not the Mormons themselves. 485 486 John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. "The Mormons at Salt Lake," Missouri Courier (Hannibal, MO), January 10, 1850. This is the letter of a man who had remained in Great Salt Lake City because of illness. He writes "When I first came into the valley there was a large number of emigrants here that expected to stay till spring, but now all seem determined to go on, which is mainly owing to the uncongenial feeling existing between the people here and themselves." He goes on to complain of being cheated and of the Mormon practice of polygamy. "No man can live among them who is not one of them, because I believe they consider all as lawful that does not belong to the Saints." See also Arrington, Brigham Young, 69. According to Arrington, the complaints that the Mormons were taking advantage of the predicament of the forty-niners had some basis in truth. 487 174 Deseret.488 One non-Mormon in the Great Basin described himself as "a stranger in a strange land among a still more-strange people."489 While this eccentricity may have been a mere curiosity to those only passing through the valley, Mormon customs often troubled those staying for the winter or attempting to settle permanently among the Latter-day Saints. Outsiders complained that in Deseret there was no separation between Church and State. Young was in charge of both and proved to be an often autocratic and angry ruler. Several times a week a bell summoned residents to community meetings at an amphitheater known locally as the "Bowery." Despite the rustic surroundings, these gatherings were formal affairs and the Mormons usually wore their finest clothing. They sat on wooden benches with only a canopy of tree boughs overhead to shield them from the elements. The meetings usually began with a brass band playing a "lively tune."490 After a prayer, a choir sang one or more musical numbers. The songs usually consisted of Mormon lyrics set to popular melodies. They were often expressions of Latter-day Saint In a typical refrain, Brigham Young wrote, "We dug our way into these mountains to free ourselves from oppression, while yet the country was a barren waste and none but the forlorn and destitute Mormon who being instructed by his sad experience of the past from seeking a location on the rich and fertile lands of the U. S. sought out the least desirable to any other people." See Brigham Young to John Bernhisel, February 28, 1852, box 60, folder 2, BYP. 488 "From the Great Salt Lake," New York Daily Tribune, October 8, 1849. See also Rohrbough, Days of Gold, 55. Rohrbough notes that the letters and journals of fortyniners reveal their fascination with the exotic peoples and cultures of the West. 489 See minutes of July 8, 1849, box 2, folder 13, Church Historian's Office, General Church Minutes, CR 100/318, CHL. Compare with "The Mormon City of the Salt Lake," New York Daily Tribune, October 6, 1849. 490 175 millennial hopes peppered with tales of Mormon oppression in Illinois and Missouri.491 While the meetings were usually billed as devotional gatherings, these were not ordinary church services. Even on Sunday Church leaders conducted community business before the congregation. A clerk read public notices and then Young and the Apostles tackled the issues of the day that often included discussions of fencing property, concerns about lost or stolen items, and community projects. Young and the Apostles usually made out assignments for resolving these issues from the pulpit. These discussions were invariably accompanied by exhortations to be industrious, frugal, and circumspect. It was sometimes difficult to know where the town hall meeting ended and the religious services began.492 In addition, these meetings often contained elements outsiders found disturbing or offensive. This was especially true of the Mormon system of law as well as their defiance of federal authority over the region. One outsider wrote that the Mormons "are very strict in the administration of justice." He related how one settler had stolen a pair of boots from an emigrant. "He was sentenced to pay four times their value, fined $50, and compelled to work fifty days on the public roads." More ominously, the letter also reported that another settler "was sentenced to death for borrowing some property from a neighbor and selling it; but finally, owing to the intercession of his family, his sentence was commuted to For an example of a Mormon Hymn from this period see "The Mountain Standard" in "From the Great Salt Lake," New York Daily Tribune, October 8, 1849. 491 492 See minutes of meetings for May 20, 1849, May 27, 1849, June 10, 1849, and June 24, 1849 in Van Wagoner, The Complete Discourses of Brigham Young, I:333-337. 176 banishment."493 Outsiders also reported that the Mormons considered the practice of a husband killing the seducer of his wife to be justifiable homicide. These stories often made their way to the East where Bernhisel had the task of defending such practices in Washington.494 He would soon discover that Mormon justice was just one of several unsettling aspects of life in Deseret that outsiders found offensive. Bernhisel would also find himself defending Latter-day Saint leaders against charges of treason and rebellion against federal authority. Non-Mormons residing in Deseret were often shocked to find that the inhabitants of the Great Basin were openly hostile to the federal government. One outsider described one of Young's wide-ranging discourses saying that it consisted "somewhat of Politics, much of Religion and Philosophy, and a little on the subject of Gold." Young argued that the strength of the British Empire came because of "her Coal Mines, Iron and Industry" while the decline of the Spanish Empire was attributable to her lust for gold and silver. In rhetoric reminiscent of the free-wheeling Council of Fifty meetings of 1845, Young then put forth the proposition that God had created the California Gold Rush to destroy the United States. Young claimed that God's justice was finally falling upon the people of 493 494 "The Mormon City of the Salt Lake," New York Daily Tribune, October 6, 1849. Amos E. Kimberly, a resident of Salem, Iowa, wrote to President Millard Fillmore complaining that the Mormons had murdered his nephew Dr. John M. Vaughn. Kimberly expressed outrage that "the murderer was tried and acquitted." See Amos E. Kimberly to Millard Fillmore, March 2, 1852, box 60, folder 12, BYP. When Fillmore requested an explanation, Bernhisel confirmed the homicide and the decision of the Court to acquit the perpetrator because it involved an adulterous relationship between Vaughn and the killer's wife. Bernhisel then stated, "These are circumstances deeply to be deplored, but they no more stain with guilt the community in whose midst they were enacted than similar tragedies taint longer settled communities in which the public records show they have been perpetrated." John Bernhisel to Millard Fillmore, April 8, 1852, box 60, folder 12, BYP. 177 the nation "because they had killed the Prophets, stoned and rejected those who were sent to call them to repentance, and finally plundered and driven the Church of the Saints from their midst." It was a common refrain in Mormon sermons.495 Mormon defiance against federal authority was also on full display during these meetings. Young made clear that the Latter-day Saints stood ready to resist any interference from Washington. "We never will ask any odds of a nation who has driven us from our homes," Young stated emphatically.496 Young also professed to be unconcerned about whether Congress granted Deseret statehood or not. Either way the Mormons were going to govern themselves.497 While such statements were clearly in response to the neglect of the federal government during the violence the Mormons had endured in Missouri and Illinois, Bernhisel struggled to explain such fiery rhetoric in Washington. The Mormons had managed the influx of outsiders to Deseret in 1849 and 1850 remarkably well - but potential problems for the future loomed on the horizon. The fortyniners who were just passing through the valley praised the Mormons. Meanwhile those who stayed for the winter or attempted to settle among the Mormons had fairly mild 495 Brigham Young had used similar language in a March 11, 1845 meeting of the Council of Fifty. He suggested sending letters to all the state governors even though he was convinced "they will do nothing for us." He then went on to add "this is the last call we will make to them and if they dont listen to it we will sweep them out of existence." See entry of March 11, 1845 in Grow et al., Council of Fifty, Minutes, 298-322. 496 "From the Great Salt Lake," New York Daily Tribune, October 8, 1849. 497 Van Wagoner, The Complete Discourses of Brigham Young, July 8, 1849. 178 complaints.498 Things would not go as smoothly when the first federal officials arrived in the Great Basin in 1851 however. The ghosts of the Mormon past would complicate the relationship between Washington and the Latter-day Saints. Brigham Young and the Mormons would prove unwilling to suppress their seething anger at Washington for its refusal to intervene in the violence of Missouri and Illinois.499 Meanwhile federal officials saw Young's rhetoric as a sign of disloyalty - something they could not tolerate in an age of western expansion and increasing tensions over the survival of the Union. The Mormons had settled in the Great Basin thinking it was a land that would not attract the attention of outsiders, but they would soon discover that the West was changing in a way that would challenge Mormon isolationism and claims of autonomy over the region. The California Gold Rush had transformed the barren deserts of the West into a suddenly strategic thoroughfare whose importance had not escaped the notice of Congress and the President. The federal government could not entrust such a vital region to a suspect people who might wish to control it their own purposes.500 In addition, the Dale L. Morgan, "Letters by Forty-Niners Written from Great Salt Lake City in 1849," The Western Humanities Review 3 (April 1949): 95-116. 498 499 See Council of Fifty meeting of March 11, 1845 in Grow et al., Council of Fifty, Minutes, 308-309. Council of Fifty member Almon Babbitt complained about the intemperate rhetoric of Church leaders, stating that it was partly to blame for some of the violence the Mormons had endured. Young replied, "Brother Babbit looks at things naturally, he looks at speeches made in Missouri as inflammatory. A man never could speak by the power of the spirit but his language would appear to this ungodly world as inflammatory. He speaks as though if he was drawn before his enemies and it was not wisdom for him to die he could pick up men and throw them out of the window as easy as he could potatoes, and that is the power of the priesthood." 500 Brent M. Rogers, Unpopular Sovereignty: Mormons and the Federal Management of Early Utah Territory (Lincoln: University of Nebraska Press, 2017), 54-57. The idea that 179 secessionist rhetoric of the South had made the federal government particularly sensitive to any indication that the Latter-day Saints might harbor similar thoughts. Meanwhile, Mormon enemies and Mormon dissidents were encouraging these fears. All these issues were rapidly combining to assure that the relationship between the Latter-day Saints and Washington would be one of confrontation rather than cooperation. "All Sorts of Spirits Prevail Here" While waiting for the start of the first session of the Thirty-first Congress, Bernhisel visited Latter-day Saint settlements in the East. He soon discovered that much of the opposition that the Mormons would face in Washington would come from those who had left the faith or were disaffected from Church leaders. Bernhisel visited Ohio, Illinois, and Missouri. He quickly discovered that these once flourishing settlements had become Latter-day Saint ghost towns. Upon arriving in Kirtland Bernhisel wrote, "All sorts of spirits prevail here, but little however of the right sort." He reported that he "saw all the lions of the place." This included such early Mormon stalwarts as William McLellin, Gladden Bishop, and Martin Harris. All three had become Latter-day Saints when Mormonism was just beginning to flourish. All three had become disaffected along the way. Now, they were busy creating new religious movements in an attempt to replicate the spiritual fire of the past while challenging the legitimacy of Brigham Young's leadership.501 the Mormons might take control of the entire western region of the country if left to their own devices was a consistent theme in Washington. 501 John Bernhisel to Brigham Young, September 10, 1849, box 60, folder 9, BYP. Martin Harris had been among the earliest of Smith's converts and had financed the printing of the Book of Mormon. He had affiliated with several Mormon sects before joining the Latter-day Saints in Utah in 1870. Gladden Bishop became a follower of 180 Bernhisel also passed through Missouri on his way to Washington. His comments reflected the simmering anger of the Latter-day Saints toward the state. During Bernhisel's youthful exploration of the West he had praised the cosmopolitan character of St. Louis, but now referred to it as a "wicked city." He grimly noted that during the previous few months that St. Louis had been "severely scourged by fire and pestilence." He went on to say, "Fifteen blocks of buildings in one of the most valuable portions of the city and thirty-three steamboats have been destroyed by the fiery element." Bernhisel then described a cholera epidemic in St. Louis making a point to say that it had made "dreadful inroads upon the ranks of the apostates."502 Bernhisel would soon discover that these apostates along with other Missouri citizens would provide fierce opposition to his attempt to gain statehood for Deseret.503 Bernhisel also spent several days visiting Nauvoo. A fire had destroyed much of the temple a year earlier and the appearance of the city deeply troubled him. He wrote to Church leaders saying: Nauvoo presents a most gloomy and desolate appearance. The lots and streets Joseph Smith in July 1832. He became part of some eight Mormon sects before settling in Utah with Brigham Young's followers in 1864. William McLellin became one of Smith's converts in August 1831. He had a stormy relationship with the Mormon Prophet and by the late 1830s had left the movement. See Joseph Smith et al., The Joseph Smith Papers. Volume 1: 1832-1839 Volume 1 : 1832-1839 (Salt Lake City: The Church Historian's Press, 2008), 399, 412, 423-424. Unlike Harris and Bishop, McLellin dissociated with all forms of organized religion and never joined Brigham Young's followers in the Great Basin. See William Shepard and H. Michael Marqaurdt, Lost Apostles: Forgotten Members of Mormonism's Original Quorum of Twelve (Salt Lake City: Signature Books, 2014), 358-359. 502 503 John Bernhisel to Brigham Young, September 10, 1849, box 60, folder 9, BYP. Manuscript History of Brigham Young, November 26, 1849, CR100/102, CHL. This entry records a conversation between Bernhisel, Apostle Wilford Woodruff, and Thomas Kane concerning the opposition the Mormons would face from Missouri in Congress. 181 with a few exceptions are overgrown with weeds and grass. Few of the houses, comparatively speaking are inhabited; the remainder are in a state of desolation and utter ruin. Though the walls of the Temple are standing yet they are much cracked especially the east one, and not a vestige of the once beautiful fort remains.504 While in the city, Bernhisel had a pleasant conversation with Emma Smith. She had remarried and was starting a new life for herself and her children. Bernhisel noted that Emma was gracious and hospitable but that "she did not make a single inquiry in relation to the valley, the Church, or any of its members." He also reported on the late Mormon Prophet's children saying that "Joseph has grown surprisingly, indeed so much so that I did not recognize him." Emma had hired a private tutor for the children, and young Joseph was busy studying English, French, and Latin. The only person who asked about Young and the Great Basin settlement was the late Joseph Smith's ailing mother Lucy.505 Bernhisel attempted to discover the whereabouts of those who had once held prominent leadership positions in Joseph Smith's Nauvoo. He soon discovered that many of them had become followers of James J. Strang who was claiming to be Smith's true successor.506 He visited Strang's Beaver Island settlement in Michigan only to find that 504 John Bernhisel to Brigham Young, September 10, 1849, box 60, folder 9, BYP. The Nauvoo Temple caught fire on October 8, 1848. See Anderson, Memoirs of Joseph Smith III, 43. 505 John Bernhisel to Brigham Young, September 10, 1849, box 60, folder 9, BYP. Bernhisel states that Lucy Smith, "is very feeble and in all human probability she will not survive another winter." Ernest Allan Rockwell, "The History and Folklore of the Strangite Latter Day Saints" (PhD Diss., University of Wisconsin--Madison, 2010), 35-37. Strang claimed both a heavenly ordination as well as a letter from Joseph Smith as evidence that he was Smith's successor. 506 182 "a good deal of discord and dissatisfaction exists among them." Nonetheless, Strang continued to oppose Brigham Young's leadership and would one day attempt to replace him as Governor of Utah Territory.507 Bernhisel looked into the whereabouts of other former Church leaders who were no longer in Nauvoo. He reported that Sidney Rigdon was in Pennsylvania. Bernhisel noted Rigdon's ill health and increasing madness. The doctor also reported on the activities of William Law and others from the Reformed Mormon Church but did not attempt to contact them. Bernhisel tried to find Smith's youngest brother William only to find that he was "at Covington opposite to Cincinnati, endeavoring to build up a church on his own hook."508 The doctor soon discovered that William Smith was trying to rally disaffected Mormons to oppose statehood for Deseret. These dissidents planned to portray the Latterday Saints as traitors and raise the specter of secessionist sympathies among Mormon leaders. It would prove to be Bernhisel's first great test as a representative in Congress. The doctor would soon find that before he could address the Mormon image in Washington - he would have to navigate the deep suspicions and bitterness that members of Congress felt toward each other. 507 John Bernhisel to Brigham Young, September 10, 1849, box 60, folder 9, BYP. Bernhisel included William Marks, John E. Page, George Miller, and George J. Adams among Strang's followers. See also John Bernhisel to Brigham Young, March 10, 1853, box 60, folder 14, BYP. James J. Strang urged the President to appoint him as Governor of Utah Territory and remove Brigham Young from the office. See also Rockwell, "The History and Folklore of the Strangite Latter Day Saints," 71. 508 John Bernhisel to Brigham Young, September 10, 1849, box 60, folder 9, BYP. As Joseph Smith's brother, William Smith had influence and continually battled with Brigham Young. See Shepard and H. Michael Marqaurdt, Lost Apostles, 359-360. 183 "The Impulsive Representatives of the People" Bernhisel arrived in Washington on November 30, 1849. He attended the opening of the 31st Congress on December 3, 1849. It proved to be one of the stormiest sessions in the history of the Republic. Bernhisel found that the government was deeply divided over the issue of slavery. He wrote to Young saying, "Since my arrival here, I have been quite busy among the grave Senators, the impulsive representatives of the people, and other functionaries." He went on to describe how Congress seemed ill-prepared to deal with the political divisions of the country. Bernhisel interpreted these problems as punishments from God saying, "The Lord has indeed and in truth come out of his hiding place to vex the nation in the persons of its representatives."509 He would soon discover that this discord would make it difficult to gain statehood for Deseret. In the House, chaos ruled. Neither Whigs nor Democrats held a majority. Attempts to get the Free Soil Party to join a coalition government had failed as well.510 Many representatives were intent on ending slavery in the District of Columbia. In addition, David Wilmot of Pennsylvania had repeatedly tried to attach a proviso to various appropriations bills in the House that would outlaw the spread of slavery into the lands of the Mexican Cession. In retaliation, Southern politicians threatened to stall the organization of the House indefinitely. Rumors of secret deals abounded and tempers were growing short. 509 John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. This may have been a reference to one of Joseph Smith's revelations that proclaimed that if the governments of earth did not provide justice to the Mormons "then will the Lord arise and come forth out of his hiding place, and in his fury vex the nation." See Smith, Doctrine and Covenants, Pearl of Great Price, Section 101:86-89. 510 Cong. Globe, 31st Cong., 1st Sess. 252 (1849), 27. 184 On December 13, 1849 Richard Meade of Virginia declared that he would support a candidate for Speaker only if he gave assurances that there would be no further consideration of any antislavery measures in the House. He warned that his constituents would feel that such measures constituted an attack on their sacred rights. "There will be but one determination in the South - one solemn resolve to defend their homes and defend their honor," Meade declared. William Duer of New York accused Meade of favoring the dissolution of the Union. When Meade denied it, Duer replied, "You are a liar, sir."511 Bernhisel watched the confrontation and wrote, "A scene now ensued that may be more easily imagined than described."512 Meade sprang to his feet and charged the New York Congressman while other representatives tried to restrain him. A reporter for the Congressional Globe wrote, "Indescribable confusion followed - threats, violence, gesticulations, calls to order, and demands for adjournment were mingled together. The House was like a heaving billow." The Sergeant at Arms took the ceremonial mace from the Speaker's platform and attempted to restore order. Some members cheered him on while others shouted that he had no authority to intervene.513 Finally, the combatants composed themselves. The discussion over slavery continued to paralyze the House however. The representatives spent three weeks and took sixty-three votes before finally electing a Speaker. The confrontations between elected representatives continued in the streets however and threats of violence were common. 511 Cong. Globe, 31st Cong., 1st Sess. 252 (1849), 26-27. 512 John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. 513 Cong. Globe, 31st Cong., 1st Sess. 252 (1849), 26-27. 185 "This will be an exciting and stormy session, and if there be not some duels fought I shall be disappointed," Bernhisel wrote Mormon leaders.514 While Bernhisel interpreted the commotion in Washington as God's retribution against the leaders of the country for their treatment of the Latter-day Saints, the political conflict would have wide-ranging implications for Deseret. Church leaders were desperate to avoid being drawn into the debate over slavery.515 Nonetheless, their defiant actions would soon plunge the Latter-day Saints into the center of the controversy. Not only would Mormon defiance make statehood an impossibility, it would also increase the likelihood of an armed confrontation with Washington. Not surprisingly, Bernhisel spent much of his time in Congress working frantically to head off such a collision and to keep the conflict between the Mormons and the federal government from exploding into violence. "The Center of Politics, Fashion, and Folly" With Congress finally in session, Bernhisel proceeded with the task of securing support for Deseret's admission to the Union. The doctor's education, genteel manners, 514 John Bernhisel to Wilford Woodruff, December 14, 1849, box 6, folder 17, Wilford Woodruff Papers, MS 1352, CHL. Apparently Meade challenged Duer to a dual. Mead threatened to "attack him in the street or wherever he may meet him" if Duer rejected the challenge. 515 Brigham Young to Orson Hyde, July 19, 1849, box 16, folder 17, BYP. In this letter to Apostle Orson Hyde, Young outlines his philosophy concerning controversies such as the Wilmot Proviso. He tells Hyde that "we wish you distinctly to understand that our desire is to leave that subject to the operations of time." He also told Apostle Hyde that if others asked about the Mormon position on slavery to say "that as a people we are averse to slavery, but that we wish not to meddle with this subject, but leave things to take their natural course." 186 and political contacts served him well.516 While the politicians in Congress had great difficulty getting along with each other, they all seemed to respect the representative from Deseret. Soon Washington newspapers were describing Bernhisel in glowing terms. One reporter described the doctor as "one of the most learned and accomplished gentlemen to be found in any city in America. He dresses genteelly, uses the language, manners, and politeness of the first class of our citizens." The reporter also commented on Bernhisel's striking physical appearance. He wrote that the doctor was over six feet tall with an "oval face, fair and well featured, with a brilliant eye, and a great flow of spirits."517 Bernhisel began to call upon the powerful friends that he had made during a lifetime of association with refined society. He met several times with John Young, the former Governor of New York, whom the doctor had known from his years practicing medicine in the St. John's Park area of Lower Manhattan. John Young was now part of Zachary Taylor's presidential administration and proved to be a particularly powerful ally. He introduced Bernhisel to many of the top officers of the government. He even offered to lobby members of Congress on behalf of Deseret personally.518 Iowa Senator A. C. Dodge, who first met Bernhisel during the Mormon conflict in Illinois, also offered his assistance in securing statehood for Deseret. During the stormy years to come, he would become a key ally in defeating legislation in Congress that could 516 Brigham Young had predicted that the distinguished physician would be well received in Congress. Bernhisel mentions that this occurred in the "the Council" which likely referred to the Council of Fifty. See John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. See "Dr. Bernhisel," Deseret News (Salt Lake City), February 22, 1851. This is a reprint from an unspecified Washington paper. 517 518 John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. 187 be injurious to the Latter-day Saints.519 Meanwhile, Robert J. Walker who had attended the University of Pennsylvania at the same time that Bernhisel was earning his doctorate also became a key ally. Walker had served in the Senate and was Secretary of the Treasury in the administration of James K. Polk. He was one of the most influential people in Washington and offered to assist the Mormon cause.520 Soon even those who had just become acquainted with the distinguished doctor stepped forward to help. Senator Truman Smith of Connecticut, one of the most powerful men in Congress, quickly became a trusted ally of Bernhisel. Smith was effectively the head of the National Whig Party and had successfully promoted General Zachary Taylor as the party's nominee for President. Senator Smith was widely regarded as the President's most influential supporter in Congress.521 Smith took to the Senate floor and described Bernhisel as "a gentleman of respectability and intelligence, and worthy of all confidence."522 He pledged to support Bernhisel's efforts in Washington and told the doctor that the Mormons "have been badly and unjustly treated, and I want to do the handsome and generous thing for you."523 Bernhisel secured lodging at the National Hotel in Washington, referring to it as the "center of politics, fashion, and folly." He went to the Senate chambers on December 519 John Bernhisel to Brigham Young, September 10, 1849, box 60, folder 9, BYP. 520 John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. 521 Holt, The Rise and Fall of the American Whig Party, 404-405. See "Appendix to the Congressional Globe - Senate", July 8, 1850, Cong. Globe, 31st Cong., 1st Sess. 1182 (1850). 522 523 John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. 188 1, 1849 where Senator Lewis Cass requested to meet with him. General Cass introduced Bernhisel to Vice President John C. Calhoun who was presiding over the Senate. Calhoun granted Bernhisel floor privileges, an honor usually reserved for high-ranking government officials, judges, and other distinguished personages. The doctor received similar treatment in the House of Representatives.524 Bernhisel's conversations with the leaders of Congress soon revealed that despite the warm welcome that Washington had given him that the prospects for statehood for Deseret were dim. He also found it increasingly difficult to avoid being drawn into the controversy consuming North and South. Since granting statehood to Deseret would change the balance of power in Congress, Washington politicians frequently asked Bernhisel about his stand on the issue of slavery.525 There seemed to be no middle ground and Bernhisel's attempts to finesse the issue proved fruitless. It only increased the suspicions of both sides.526 Bernhisel worried that if statehood for Deseret could not be achieved that Congress would create a territory in the Great Basin - an action he feared would lead to conflicts between the Latter-day Saints and Washington. In a letter to Apostle Wilford 524 John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. See "Appendix to the Congressional Globe - Senate", July 8, 1850, Cong. Globe, 31st Cong., 1st Sess. 1182-1183 (1850). Senator Truman Smith asked Bernhisel to write a letter in response to a series of written questions, many of which dealt with slavery. Bernhisel assured the Senate that while the Constitution of Deseret did not prohibit slavery he did not think that the Great Basin was a suitable place to practice it. 525 526 John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. Bernhisel noted that those from the South approved of the fact that the Constitution of Deseret did not explicitly ban slavery. Those from the Free Soil Party and the North objected to the absence of a ban on slavery despite Bernhisel's assurances that the Mormons did not intend to practice it. 189 Woodruff, the ranking Church leader in the East, Bernhisel expressed concern that if Congress and the President sent outsiders to rule over Deseret "we should certainly be brought into collision with the central government."527 Bernhisel found himself faced with a difficult dilemma. If Congress would not make Deseret a state and the Mormons would not accept a territorial form of government, he needed to find another solution to prevent a violent conflict with Washington. Surprisingly, Bernhisel would soon discover that the administration of Zachary Taylor had the solution to his problem. "Old Rough and Ready" Zachary Taylor became President of the United States on March 4, 1849. His rise to power came on the strength of his military career and his ability to avoid discussing the controversial issues of the day.528 Once he arrived in Washington however Taylor knew that he would have to make difficult policy decisions. Taylor's most immediate concern was finding a way to deal with the status of the lands of the Mexican Cession which included Deseret. He was particularly concerned that if Congress created territories in these lands, it would immediately raise the question of federal control over slavery - an issue that threatened to lead to secession.529 Bernhisel met with President Taylor to see what his policy would be toward the Mormons. Bernhisel found Taylor to be a fascinating character. As a military leader the 527 John Bernhisel to Wilford Woodruff, March 22, 1850, box 6, folder 18, Wilford Woodruff Papers, MS 1352, CHL. 528 Holt, The Rise and Fall of the American Whig Party, 287. Zachary Taylor asserted himself as the "No Party" candidate even though he was running as the candidate of the Whig Party. 529 Holt, The Rise and Fall of the American Whig Party, 385-386. 190 President had earned the nickname "Old Rough and Ready." As a political leader however Bernhisel noted that Zachary Taylor "is rough enough, though he does not appear to be very ready." Nonetheless, Bernhisel praised the President as a man of honesty and integrity who bore no animosity toward the Latter-day Saints.530 Much to his surprise however Bernhisel soon learned that the Taylor administration had a plan to avoid creating a territory in the Great Basin. The Taylor administration had initially planned to organize all the lands from the Mexican Cession into one or more states in order to bypass the political problems associated with creating territories. The plan soon proved to be unworkable however in part because Deseret had insufficient population for statehood.531 In response to this dilemma, Senator Truman Smith suggested that the Taylor administration simply recognize the existing provisional government of Deseret. He planned to insert language into an omnibus spending bill authorizing the federal government to pay the salaries of the current officers of the provisional government in the Great Basin. The Mormons could then continue electing their own officers but would not have any voting members of Congress. Bernhisel eagerly agreed.532 The plan soon ran into difficulties however. Just when the doctor thought he had successfully avoided a future confrontation with the 530 John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. 531 Holt, The Rise and Fall of the American Whig Party, 437-438. Taylor sent emissaries to New Mexico and California to encourage them to apply for statehood. He then sent emissary John Wilson to Deseret to convince the Mormons to join the proposed State of California until they had sufficient population to become a state in their own right. For a discussion of the mission of John Wilson see Bruce W. Worthen, "Zachary Taylor is Dead and in Hell and I am Glad of it," Utah Historical Quarterly 84 (Spring 2015): 8889. 532 John Bernhisel to Brigham Young, March 27, 1850, box 60, folder 9, BYP. 191 federal government, a disaffected former Mormon leader appeared on the scene and attempted to undo all the work the Bernhisel had accomplished. In December of 1849 Joseph Smith's youngest brother William sent a letter to Congress claiming "the rulers of the Salt Lake church are bitter and inveterate enemies to our government. They entertain treasonable designs."533 While members of Congress had been willing to discount such charges when they came from other disaffected Mormons, this was a different situation. The fact that William Smith was the brother of the founder of the Latter-day Saints gave him the credibility that others lacked. Almost immediately, William Smith's letter created concerns in Washington about the loyalty of the Mormons to the Union. President Taylor responded to William Smith's letter with the request that Congress suspend work on any legislation for a government for Deseret until the charges against the Latter-day Saint could be investigated.534 Bernhisel moved quickly to respond to William Smith's letter. He met with members of the House and Senate as well as the press in an effort to discredit the former Mormon leader. Bernhisel worked patiently and soon felt that he had the controversy under control.535 His work ran into additional complications however when an ambitious Mormon lawyer named Almon Babbitt appeared on the scene and attempted to take 533 U. S. Congress. House. Committee on the Territories. Remonstrance of William Smith et al., of Covington, Kentucky, against the admission of Deseret into the Union, 31st Cong., 1st sess., no. 43, December 31, 1849. 534 535 John Bernhisel to Thomas Kane, January 17, 1850, series 3, box 16, folder 4, KANE. John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. Bernhisel discredited William Smith's character and also pointed to the Mormon Battalion as evidence of the loyalty of the Latter-day Saints to the Union. The doctor's diplomacy proved very effective. 192 advantage of William Smith's letter to promote his own political career. Almon Babbitt had long served as a lawyer for the Latter-day Saints. He also had a stormy relationship with Mormon leaders. Young had sent Babbitt to Washington to lobby Congress on behalf of the Latter-day Saints but had become suspicious that he was using his position to secure a patronage appointment for himself rather than attending to Church business. Apparently, Young's suspicions were well-founded. Bernhisel discovered that Babbitt was attempting to use the controversy over William Smith's letter to gain the favor of the Democratic Party. While this would help Babbitt's political career, his actions would only hurt the Mormon cause in Washington. Babbitt met with Zachary Taylor to discuss the rumors that the President had requested a halt to any legislation involving Deseret in light of William Smith's letter. Babbitt knew that Taylor had frequently stated during his campaign for the Presidency that he would leave domestic issues entirely to Congress. Taylor had made these statements to avoid taking a stand on the explosive issue of slavery. Babbitt therefore felt that if he could get Taylor to admit that he had in fact been involved in a domestic issue behind the scenes with his request for a halt to any consideration of legislation for Deseret, that the Democrats could use this information to embarrass the President politically.536 Bernhisel was furious when he learned of Babbitt's meeting with President Taylor 536 Holt, The Rise and Fall of the American Whig Party, 384-385. The Democrats felt they had lost the election because of the "artful ambiguity" of the Whigs on the slavery issue. They hoped to portray the Whigs as secretly prepared to betray the South. If they could prove that Taylor was secretly collaborating with Whigs over legislation for Deseret it would demonstrate that Taylor was not committed to a policy of staying out of domestic issues - including slavery. 193 and the reasons behind it. He confronted Babbitt and ordered him not to discuss the meeting with others fearing that his attempts to "draw party lines and make political capital" would cause irreparable damage to the Mormons. Bernhisel felt so strongly about the issue that he went to Babbitt's home later that evening, got him out of bed, and repeated his orders.537 Babbitt was stunned at Bernhisel's aggressive behavior. Officially, Babbitt was the Delegate of the Provisional State of Deseret while Bernhisel was only "a duly authorized Commissioner."538 Not surprisingly, Babbitt began to worry about his standing with Church leaders. He soon found there were plenty of reasons for him to be concerned. Over the next several days, Babbitt discovered that he was no longer receiving communications from Young and the Apostles - but that Bernhisel was. Babbitt wrote to Wilford Woodruff, the presiding Apostle in the East, demanding to know of his standing with Church leaders.539 Woodruff gave him only vague reassurances in reply.540 Not surprisingly, Babbitt soon became concerned that Mormon leaders had sent Bernhisel to 537 John Bernhisel to Thomas Kane, January 17, 1850, KANE. "State of Deseret," North American and United States Gazette (Philadelphia), December 21, 1849. This newspaper refers to Almon Babbitt as the "regular Delegate" of Deseret, while it characterizes John Bernhisel as "a duly authorized Commissioner from the Provisional Government." 538 539 Almon Babbitt to Wilford Woodruff, January 16, 1850, box 6, folder 18, Wilford Woodruff Papers, MS 1352, CHL. Babbitt writes to Woodruff, "I do think that there has been a wanton neglect of communicating with me and to me from time to time." He goes on to complain of getting information second-hand from various people "yet I have received nothing from the leading men." 540 Wilford Woodruff to Almon Babbitt, January 21, 1860, box 6, folder 5, Wilford Woodruff Papers, MS 1352, CHL. Woodruff expresses surprise at Babbitt's complaints but offers little in the way of reassurance. 194 replace him and was soon taking actions to undermine the doctor.541 Meanwhile, Bernhisel was concentrating his energies on discrediting William Smith and getting federal support for Deseret back on track. His efforts soon produced impressive results. He made sure that the newspapers printed a particularly positive letter that a protégé of President Taylor had written after visiting the Great Basin.542 Finally, Bernhisel used a falling-out between William Smith and one of his key followers to great advantage.543 Soon Bernhisel had managed to completely defeat William Smith - putting an end to the crisis. He wrote a lengthy letter to Young and the Apostles of his success in changing the minds of members of Congress and getting the Taylor Administration back to working on legislation to benefit Deseret.544 While Church leaders were happy with 541 Almon Babbitt to Wilford Woodruff, January 26, 1850, box 6, folder 18, Wilford Woodruff Papers, MS 1352, CHL. Babbitt appears to be more composed in this letter but still complains that Bernhisel is receiving letters from the Mormon leadership while he is not. Babbitt worries that the doctor is now the primary representative of Deseret. Babbitt then begins to sow doubt about Bernhisel saying that he is so secretive "that he would create suspicion in the mind of an angel." Babbitt also contradicts Bernhisel's statements of the positive feelings of President Zachary Taylor toward the Mormons. 542 Bernhisel enlisted the aid of Senator Truman Smith in restoring the credibility of Brigham Young while casting doubt on the character of William Smith. Senator Smith made a letter available to Bernhisel from General John Wilson, a confidant of Zachary Taylor, who had visited the Mormon leadership in Salt Lake City a few months earlier. Wilson described the Mormon settlement in glowing terms saying, "A more orderly, earnest, industrious, and civil people I have never been amongst than these." Wilson's description of the Mormons and their leaders completely contradicted the angry words of William Smith and helped to diffuse the crisis. See "The Mormons," Daily National Intelligencer (Washington, DC), January 25, 1850. 543 Bernhisel arranged for Washington papers to publish a letter from Isaac Sheen, one of William Smith's closest associates. Sheen described William Smith as emotionally unstable, untrustworthy, and stated that the charges concerning Brigham Young and the Mormons "are unworthy of any attention." See "The Mormons," Daily National Intelligencer (Washington, DC), May 21, 1850. 544 John Bernhisel to Brigham Young, March 21, 1850, box 60, folder 9, BYP. 195 Bernhisel's work - Almon Babbitt could not have been more been more distraught. Babbitt learned of Bernhisel's letter to Brigham Young and moved quickly to discredit the doctor. On July 7, 1850 he wrote a private letter to Young in an attempt to undercut Bernhisel. In his letter Babbitt stated, "My friend Dr. Bernhisel I understand, sent you a letter of some 50 pages although he said nothing to me about it or any other matter." Babbitt then contradicted Bernhisel's statements that the President was once again taking favorable actions in regard to Deseret. Babbitt instead claimed that Zachary Taylor "is not our friend." Babbitt claimed that in his private meeting with the President, Taylor had voiced approval of the Mormon expulsion from Illinois and Missouri saying that the Latter-day Saints were "a pack of outlaws" and that they "were not fit for selfgovernment." Babbitt then stated that Taylor "tried to reason with me on the absurdity of the Mormons trying for a government." In a direct contradiction to Bernhisel's reassurances to the contrary, Babbitt then insisted that Taylor had vowed to do everything in his power to oppose the Mormons.545 Under normal circumstances, Babbitt's letter might not have made much of an impact on Church leaders in Salt Lake City. They had many reasons to doubt his motives. However, one part of Babbitt's letter seems to have caught the attention of Brigham Young. Babbitt had dated his letter July 7, 1850. Two days later, on July 9, 1850, tragedy struck President Zachary Taylor and Young could not help but see the hand of God in it. 545 Almon Babbitt to Brigham Young, July 7, 1850, box 21, folder 18, BYP. 196 "Zachary Taylor is Dead and in Hell" Zachary Taylor died unexpectedly on July 9, 1850. His death came just two days after Almon Babbitt's letter reporting that Taylor had supposedly made incendiary statements about the Mormons and had vowed to use his power as President to injure them. Apparently Young was convinced that God had struck down the President in an act of divine retribution and would soon make his feelings public. Young's statements would ignite a national controversy and push Washington and the Mormons closer to armed conflict. Ironically, the death of Zachary Taylor did not benefit the Latter-day Saints. The late President's plan to give the Mormons self-government had died with him. Instead, Congress fashioned the Compromise of 1850 to put an end to the sectional battles over slavery.546 Under the terms of the legislation, Deseret became Utah Territory - something Bernhisel felt would almost certainly lead to a conflict between the Mormons and the federal government.547 His fears were soon realized. On September 9, 1850 the Great Basin came under the direct rule of Washington. Congress had managed to sidestep the Wilmot Proviso, which opened the door to creating 546 Eric Foner, Free Soil, Free Labor, Free Men: The Ideology of the Republican Party before the Civil War (Oxford; New York: Oxford University Press, 1995), 188. Bernhisel wrote to Brigham Young describing how the legislation creating a territory in the Great Basin was the only a portion of the original omnibus bill that "survived the wreck" when Congress began debate on July 30, 1850. However, Deseret became Utah Territory with significantly less land that what the Mormons had claimed. See John Bernhisel to Brigham Young, August 9, 1850, box 60, folder 10, BYP. 547 John Bernhisel to Wilford Woodruff, March 22, 1850, box 6, folder 18, Wilford Woodruff Papers, MS 1352, CHL. 197 territories.548 Meanwhile, the slavery debate that Church leaders had so carefully tried to avoid came back to haunt them. Congress significantly reduced the amount of land that the Mormons had claimed in order to secure the support of the South.549 Mormon Nationalism was now on a collision course with the territorial system that Congress had created. Bernhisel met with Millard Fillmore, who had become President upon the death of Zachary Taylor, and presented a list of names of officers and judges acceptable to the Mormons.550 The new President was not willing to grant all of his requests but he did agree to appoint four candidates of the Mormons' choosing including Brigham Young as Governor.551 The President then reserved three of the territorial offices for patronage appointments. Despite the relative generosity of 548 Congress claimed that existing Mexican antislavery laws would continue in effect unless the legislatures of the territories made laws permitting slavery. See Holt, The Rise and Fall of the American Whig Party, 479. See also John Bernhisel to Brigham Young, September 7, 1850, box 60, folder 10, BYP. 549 The South wanted to extend the Mason-Dixon Line to the Pacific. Southern politicians had concluded that Deseret would be a free state based on Bernhisel's assertions that the Great Basin would not be well-adapted to the practice of slavery. The South insisted that the southern border of Utah Territory extend no further south than the 37th parallel which would be just north of the Mason-Dixon Line extended. See John Bernhisel to Brigham Young, September 7, 1850, box 60, folder 10, BYP. 550 John Bernhisel to Brigham Young, September 12, 1850, box 60, folder 10, BYP. Most of the names on the list were Mormon leaders. One nominee was a non-Mormon named Daniel F. Miller who had a friendly relationship with Mormon leaders. 551 John Bernhisel to Brigham Young, October 2, 1850, box 60, folder 10, BYP. The President appointed four Mormons including Brigham Young as Governor, Zerubbabel Snow as Associate Justice, Seth M. Blair as U. S. Attorney, and Joseph L. Heywood as U. S. Marshal. The patronage appointees included Broughton. D. Harris as Secretary, Joseph Buffington as Chief Justice, and Perry E. Brocchus as Associate Justice. Bernhisel reported that the Mormons had received more local appointees than any other territory. See John Bernhisel to Brigham Young, November 9, 1850, box 60, folder 10, BYP. Joseph Buffington declined the nomination and Fillmore replaced him with Lemuel G. Brandebury. See Senate Exec. Journal. 31st Cong., 2nd Sess., 27 February 1851, 293. 198 Fillmore's proposal, Mormon leaders in Utah Territory refused to recognize the government's right to appoint anyone to rule over them without their consent - a fact that the patronage appointees discovered when they arrived in the territory. Lemuel G. Brandebury, the Chief Justice of the Supreme Court of Utah Territory, was the first patronage appointee to arrive in Salt Lake valley on June 7, 1851. Territorial Secretary Broughton D. Harris arrived in the valley on July 19, 1851 in company with Almon Babbitt and John Bernhisel. Together with Chief Justice Brandebury they met with Governor Brigham Young on July 23, 1851. Much to Bernhisel's horror, the meeting soon turned into an angry confrontation.552 Young quickly became defiant saying that he would not allow the House or the Senate of the United States to tell him what to do. "I won't bear it and won't bear the insults of any two penny man," Young thundered. Young then swore that if Washington officials interfered with the Mormons, "I will take my sword and cut them down." Young also informed the territorial judges that they would have no power in the Great Basin saying, "I will not have law and the devil - they will have their courts and have nothing to do." 553 Young, Babbitt, and Secretary Harris then got into a heated discussion concerning other territorial business including the procedures for spending the $20,000 dollars that Congress had appropriated for the building of a territorial statehouse. Young had little patience for the paperwork Washington required before disbursing the funds. He also had 552 House Exec. Doc. 25 (32-1), 1852, Serial 640, 8. See minutes of July 23, 1851, box 2, folder 3, Church Historian's Office, General Church Minutes, CR 100/318, CHL. 553 199 little patience with Almon Babbitt who seemed to be siding with the federal officials.554 Young thundered at Babbitt saying "I will cut off any man in our community who will not walk straight." The Mormon leader then added "the political world will damn you" and that the "power of the devil" would soon land Babbitt in hell. When Babbitt complained of Young's abusive language, the Mormon leader replied, "If I can abuse you to bring you to your senses I will just do it." Young then demanded that Babbitt turn over the $20,000 territorial statehouse appropriation to him immediately. Much to the surprise of the federal officials, Babbitt surrendered the funds.555 The federal officials left the meeting in a state of shock - but would face an even greater firestorm the next day. On July 24, 1851 the nonresident territorial officials attended the celebration of the fourth anniversary of the entrance of the Mormons into the valley. The meeting soon turned into a fiery indictment of Washington for its failure to intervene in the violence the Mormons had endured in Illinois and Missouri. Several speakers expressed their convictions that Washington had abandoned the Mormons. Some even claimed that national leaders had favored the total destruction of the Latter-day Saints. One speaker suggested that President Polk had drafted five hundred Mormons for the Mexican War with such an end in mind. The officials were even more shocked when they heard statements condemning the late President Zachary Taylor. Brigham Young had not forgotten Almon Babbitt's incendiary letter dated two days before Zachary Taylor's death. Young repeated Babbitt's charge that the late 554 House Exec. Doc. 25 (32-1), 1852, Serial 640, 14. See minutes of July 23, 1851, box 2, folder 3, Church Historian's Office, General Church Minutes, CR 100/318, CHL. 555 200 President had approved of the expulsion of the Mormons from Illinois and Missouri. He then accused Taylor of saying that the Latter-day Saints should be driven "from the face of the earth." Young informed the congregation that God had struck Taylor dead and consigned him to the flames of hell for his opposition to the Mormons. Young then warned that any other President "who shall lift his finger against this people will die an untimely death and go to hell."556 These statements shocked the federal officials but they feared that serious consequences would follow if they responded to them. Some three weeks later however a judge would arrive who would prove less reticent about challenging the Mormons and their fiery leaders. Perry E. Brocchus, the nonresident Associate Justice of the Supreme Court of Utah Territory, arrived in the valley in August 1851. He soon heard from the other officials of the hostile reception they had received and of the rhetoric that Mormon leaders had employed against the federal government in general and the late Zachary Taylor in particular. Brocchus also read the accounts of the speeches delivered at the July 24, 1851 celebration in the settlement's newspaper the Deseret News. Brocchus felt dutybound to respond.557 Brocchus received permission from Brigham Young to address the Mormons on September 8, 1851. His stated purpose was to ask the Mormons to donate a block of granite for the Washington monument. He soon strayed from his previously announced 556 See discourse of Brigham Young, July 24, 1851 in Van Wagoner, The Complete Discourses of Brigham Young, I:446. Compare with House Exec. Doc. 25 (32-1), 1852, Serial 640, 5-7. 557 Perry Brocchus to President Millard Fillmore, September 20, 1851, House Exec. Doc. 25 (32-1), 1852, Serial 640, 5-7. 201 topic however. Brocchus was soon making remarks that the Mormons could only interpret as inflammatory, outrageous, and unfeeling. Brocchus rebuked the Latter-day Saints and their leaders for the many hostile statements that they had made against the federal government. He flatly contradicted claims that President Polk had drafted the Mormon Battalion as well as Young's accusations against Zachary Taylor. He then condemned the practice of polygamy suggesting that the women in the audience should rise up and resist the practice as the guardians of the morality of the community.558 Those listening to the remarks of the Judge anticipated a sharp rebuke from Brigham Young and the Latter-day Saint leader did not disappoint. Young told the congregation that he would not allow anyone to reply to the remarks of Judge Brocchus lest it result in "either a pulling of hair or a cutting of throats." The Mormon leader quickly dismissed the Judge's statements saying that Brocchus was "either profoundly ignorant or willfully wicked." Young then rehearsed the inaction of the federal government during the Mormon conflicts with Missouri and Illinois. In rhetoric reminiscent of the angry Council of Fifty meetings of 1845, Young stated: The government of the United States looked on the scenes of robbing, driving, and murdering of this people and said nothing about the matter, but by silence gave sanction to the lawless proceedings. Hundreds of women and children have been laid in the tomb prematurely in consequence thereof, and their blood cries to the Father for vengeance against those who have caused or consented to their 558 Manuscript History of Brigham Young, September 7, 1851, CR 100/102, CHL. This was a three-day conference with Judge Brocchus speaking on the September 8, 1851. Compare with Perry Brocchus to President Millard Fillmore, September 20, 1851, House Exec. Doc. 25 (32-1), 1852, Serial 640, 5-7. 202 death.559 Brocchus interpreted Young's statements as disloyalty to the Union rather than as anger over the federal government's neglect during the Mormons' hour of need. He was soon sending letters to influential newspapers in the East condemning the Latter-day Saints and their leaders. Bernhisel would do battle with him in Congress repeatedly. While years later, Brocchus would become a friend and ally of the Mormons, in the short term he would be their fiercest critic.560 Bernhisel feared that the Judge's statements would soon cause an armed confrontation between Deseret and Washington. Despite all the work that the Latter-day Saints had done in establishing the American Zion in a land far from other Americans, it seemed that Mormon Nationalism was once again in peril. Ironically, the Mormons had made extraordinary efforts to free themselves from conflicts with frontier settlers only to replace them with conflicts with the federal government. Bernhisel was desperate to keep the violence of Missouri and 559 Manuscript History of Brigham Young, September 7, 1851, CR 100/102, CHL. A number of other Mormon sources for Young's remarks are reproduced in Van Wagoner, The Complete Discourses of Brigham Young, I:449-451. By the 1860s Perry Brocchus' attitude toward the Mormons had changed. He took their side in a financial dispute with the federal government over money owed to Brigham Young in his capacity as Superintendent of Indian Affairs. Bernhisel wrote to Young, "You will probably be a little surprised to learn that Judge Brocchus has rendered us some assistance and seemed to do it earnestly and cordially." John Bernhisel to Brigham Young, June 27, 1862, box 61, folder 6, BYP. Brocchus later wrote to Brigham Young stating, "I have long since dismissed from my heart anything unpleasant connected with my official career in Utah. I remember only the pleasant aspirations which were numerous. Oh my memory often turns to the grand and beautiful country accomplished by your people, with feelings of interest bordering on affection." Perry E. Brocchus to Brigham Young, October 1, 1867, box 32, folder 18, BYP. This letter appears as an enclosure to a letter from Simpson P. Moses. See Simpson P. Moses to Brigham Young, November 26, 1868, box 32, folder 18, BYP. In this letter non-Mormon Simpson Moses refers to Perry Brocchus as "our mutual friend." 560 203 Illinois from finding its way into the Great Basin. He quickly came to the conclusion that the only way he could accomplish his task was to convince Mormon leaders to compromise with Washington - and that was something they adamantly refused to do. CHAPTER VIII "WE HAVE ONLY ASKED FOR SIMPLE JUSTICE" The report of the late officers is a tissue of gross exaggeration and misrepresentation; but will doubtless produce a violent storm, and if some of its statements cannot be disproved may eventually lead to bloodshed.561 --John Bernhisel to Brigham Young, January 7, 1852 By December 5, 1851 Bernhisel had returned to Washington only to discover that his fears of a potentially violent conflict between the Mormons and the federal government were beginning to materialize. The reports of the nonresident officers were appearing in newspapers throughout the country. Bernhisel worried that these stories were effectively destroying the positive image that the doctor had tried to create of the Latter-day Saints.562 Bernhisel feared that a violent storm was gathering and that an armed conflict between the Mormons and Washington could be the result.563 The doctor fought desperately to contain the damage - but it proved to be a daunting task. Newspapers that had once written favorably about the Latter-day Saints now 561 John Bernhisel to Brigham Young, January 7, 1852, box 60, folder 12, BYP. 562 Bernhisel had left Utah Territory early in September 1851 just before the confrontation between Brocchus and Young broke out. While waiting for the start of Congress, he visited other cities on personal and Church business. See John Bernhisel to Brigham Young, December 5, 1851, box 60, folder 11, BYP. 563 John Bernhisel to Brigham Young, January 7, 1852, box 60, folder 12, BYP. 205 portrayed them as villains. The National Intelligencer concluded that Brigham Young was to blame for the conflict and that Washington should remove him as Governor.564 The New York Weekly Tribune went further saying that Young had treason on his mind and "acknowledged no allegiance to the United States Government."565 More ominously, the Daily Cincinnati Commercial called on the federal government to send troops to Utah Territory saying "it may yet become necessary to drive them from their present location; indeed it appears that rule and ruin is their motto."566 Meanwhile, old Mormon adversaries from Jackson County, Missouri offered to contribute "as many men as would be necessary to bring these wretches to a sense of their duty."567 Bernhisel wrote several letters to Brigham Young describing the damage that the returning officials had done. "We never stood so high in public estimation as we did a few short months ago," Bernhisel wrote wistfully, "and we never stood so low as we have within the last six weeks." The doctor reported that some elected officials who had once spoken sympathetically of the Mormons were now reluctant to back the Latter-day "Affairs in Utah Territory," National Intelligencer (Washington, DC), November 11, 1851. 564 "Untitled," New York Weekly Tribune, November 22, 1851. The report also states that the territory is in "a state of revolution." 565 "Troubles in Utah," Daily Cincinnati Commercial, November 25, 1851. The article also states "Our readers are aware that United States officers have been driven by the Mormons from Utah, and that the fanatics in the valley of the Salt lakes assert independence." 566 "Utah: Trouble between the Mormons and the United States Officials," The New York Daily Tribune, November 18, 1851. See also "Utah: The Mormons in Utah," The New York Daily Tribune, November 17, 1851. This Tribune article reprints a letter dated October 31, 1851 in The St. Louis Republican stating that "It seems that the Mormons are at their old game - creating difficulties with those who try to be friends and neighbors." 567 206 Saints.568 The charge that Young had confiscated $20,000 dollars in federal funds intended to build a territorial statehouse proved particularly damaging to the reputation of the Mormon leader.569 Bernhisel felt that it was a forgone conclusion that the President would remove Young from office and demand that he pay over the money to a new governor.570 The doctor also believed that in the future, the President intended to appoint only non-Mormons as federal officials and that "a military force is to be stationed in our Territory to enforce the laws."571 Bernhisel felt that the plans circulating in Washington for a new governor backed with military force would be a disaster for the Latter-day Saints. Therefore, he did everything in his power to discredit the report of the returning officials. In the end he performed wonders in winning over the person who mattered the most - the President of the United States. Fillmore would agree with Bernhisel's characterization of the crisis 568 John Bernhisel to Brigham Young, January 10, 1852, box 60, folder 12, BYP. "Important From the Mormon Region," New York Herald, November 5, 1851. This report states that $20,000 in federal funds had been "squandered by Brigham Young." It also reports Young's attempt to seize another $24,000 but that Secretary Harris had refused to comply and that the officials were forced to leave the territory because of the "seditious sentiments" of Brigham Young. 569 570 John Bernhisel to Brigham Young, January 7, 1852, box 60, folder 12, BYP. The doctor warned Young that if the Mormons could not reconcile their differences with the federal government that "we shall incur to a still greater degree the displeasure of the country, and be again broken up, and our peace and prosperity will be at an end for a while." See also John Bernhisel to Brigham Young, January 10, 1852, box 60, folder 12, BYP. Bernhisel wrote "The excitement has been very high, and the tide of public sentiment has been setting strongly against us, threatening to sweep all before it, and overwhelm us in one common ruin." 571 John M. Bernhisel to Willard Richards December 24, 1851, box 4, folder 7, Willard Richards Papers, MS 1490, CHL. 207 and allow Brigham Young to remain as governor. He would also overrule the wishes of many in Congress who wanted to station two thousand soldiers in Utah Territory. Ironically, Bernhisel's stunning achievement would ultimately prove to be a disaster for the Latter-day Saints. It would only strengthen the resolve of Young and the Apostles to defy federal authority in favor of Mormon Nationalism. Instead of seeing Bernhisel's success in diffusing the crisis as a chance to step back from the brink, Brigham Young would see it as an encouragement to become even more aggressive in rejecting federal authority and asserting that Mormon-made laws superseded Washington directives. Young's course of action seemed particularly ironic - considering the fact that his first impulse upon learning that the federal officials were leaving Utah Territory had been to seek a peaceful solution to the crisis. Instead, Young's inability to find common ground with the federal officers combined with Bernhisel's success in discrediting their charges in the eyes of the President only pushed the Mormons closer to war with Washington. Nonetheless, Young had come close to making peace with Brocchus and the other officials before they left the territory. "I am Sick and Tired of this Place" While publicly Brigham Young had displayed a lack of concern about incurring the displeasure of the federal government, behind the scenes he had worked frantically to keep his confrontation with Perry Brocchus from spinning out of control. He wrote a letter to the Judge that went through several revisions. The Mormon leader seemed anxious to resolve the crisis and convince the federal officials not to leave the territory. He even proposed a solution that would provide both the Judge and himself with the ability to save face. 208 The first drafts of Young's letter to Brocchus were brusque. The Latter-day Saint leader felt that the Judge should take responsibility for the conflict and apologize for his statements. Later drafts became increasingly more conciliatory however. The final draft only asked that Brocchus "explain, satisfy, or apologize to the satisfaction of the ladies." In exchange, Young offered to "make every apology and satisfaction for my observations which you as a Gentleman can claim or desire at my hands."572 Young's letter contained remarkable concessions from a proud man who harbored deep-seated feelings of resentment toward the federal government for its refusal to intercede in the violence that the Mormons had endured in the past. Young's overtures did little good however. Brocchus had taken his confrontation with Young personally. He quickly squandered an opportunity to resolve the conflict with the Mormon leader amicably. Brocchus declined Young's proposal for a joint apology saying that he had wanted to respond to the Mormon leader during the meeting in the Bowery but "that privilege was denied me at the peril of having my hair pulled or my throat cut." The Judge insisted that he had only been defending the honor of his country from the unjust aspersions of the Mormons. Brocchus felt that under the circumstances that Young was the only one who should be apologizing.573 Young responded angrily to the Judge the next day in a letter that Brocchus never 572 Brigham Young to Perry Brocchus, September 19, 1851, box 53, folder 17, BYP. (emphasis in the original) 573 Perry Brocchus to Brigham Young, September 19, 1851, box 53, folder 18, BYP. 209 answered.574 Instead, the Judge wrote to a friend in the East saying, "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 fanaticism of the people, followed by their violence of feeling towards the ‘gentiles,' as they style all persons not belonging to their church." Brocchus also complained that some of the Mormons had threatened violence against him and that his life might be in danger. "How it will end I do not know."575 Chief Justice Lemuel G. Brandebury, Secretary Broughton D. Harris, and Indian agent Henry R. Day all left for Washington with Judge Brocchus a few days later. Brocchus, Brandebury, and Harris wrote a joint public statement.576 Henry R. Day made his report separately and privately to the Commissioner of Indian Affairs in Washington.577 Meanwhile, Indian agent Jacob H. Holman, the sole remaining non- 574 Brigham Young to Perry Brocchus, September 20, 1851, box 53, folder 17, BYP. See "From the Territory of Utah," Daily National Intelligencer (Washington, DC), November 18, 1851. This article reproduces an extract of a letter from Judge Brocchus to an unknown individual under the date of September 20, 1851. Brocchus later protested that he had not written the letter for publication. See "The Troubles in Utah," Daily National Intelligencer (Washington, DC), December 8, 1851. The article mentions that the Brocchus letter had been previously published in the St. Louis Intelligencer but does not give a date. 575 576 An early version of the report of Brocchus, Brandebury, and Harris appeared in the New York Herald. See "Highly Important and Extraordinary Development of Mormonism," New York Herald, January 5, 1852. See also Brocchus, Letter of Judge Brocchus of Ala. to the Public upon the Difficulties in the Territory of Utah., 3-4. This is open letter was dated August 23, 1852 in which Brocchus summarized his side of the conflict. 577 The report of Henry R. Day describes a growing rift between the Mormons and the Indians. Agent Day states that the Indians "have little confidence in anything the Mormon people say to them, and decidedly stand in much fear of them and from all the information I could gather not without good cause." He does not refer to the conflict between the Governor and the other federal officers. See Henry R. Day to Luke Lea, January 2, 1852, Department of the Interior, Office of Indian Affairs, NARA. 210 Mormon federal official in Utah Territory, was sending confidential letters to Washington.578 Holman had considered leaving the territory, but unlike Brocchus, he changed his mind when Brigham Young began making friendly overtures to convince him to stay.579 Meanwhile, Bernhisel was engaged in a desperate attempt at damage control. In an effort to forestall any executive action against Utah Territory, Bernhisel called for a Congressional investigating committee to go to the Great Basin on a fact-finding mission.580 The doctor then proceeded to deny or deflect the public statements of the 578 Jacob H. Holman wrote to Washington saying that the incident between Mormon leaders and the returning officials had occurred before his arrival in Utah Territory. Nonetheless, he was very critical of Brigham Young whom he accused of using "the money of the Government to promote the interest of his Church." Holman also states that Indian subagent Stephen B. Rose "who is a Mormon" was colluding with Young. "Therefore, it seems to me, that no Mormon should officially have anything to do with Indians." He concluded saying "I have no doubt but every effort will be made by the Mormons to prevent the Government from peaceably extending her laws over the Territory." See Jacob H. Holman to Luke Lea, November 28, 1851, Department of the Interior, Office of Indian Affairs, NARA. A month later Holman reported more friction between himself and the Mormons saying that the Latter-day Saints "are a people who have no sympathy or respect for our Government or its institutions, and who are frequently heard cursing and abusing, not only the Government, but all who are American citizens." See Jacob H. Holman to Luke Lea, December 28, 1851, Department of the Interior, Office of Indian Affairs, NARA. 579 Jacob H. Holman to Luke Lea, December 28, 1851, Department of the Interior, Office of Indian Affairs, NARA. 580 John Bernhisel to Brigham Young, January 7, 1852, box 60, folder 12, BYP. On January 9, 1852, Bernhisel asked the Speaker of the House of Representatives or the President to appoint a commission to go to Utah and investigate the charges in the returning officials report. He asked for a suspension of Executive action against Utah Territory until the commission had finished its work. See Cong. Globe, 32nd Cong., 1st Sess. 240 (1852). Apparently, Thomas Kane had encouraged this strategy to buy time to prepare a response to the returning officials. See Ronald W. Walker and Matthew J. Grow, "The People Are ‘Hogaffed or Humbugged': The 1851-52 National Reaction to Utah's ‘Runaway' Officers," Journal of Mormon History 40 (Winter 2014): 25. 211 returning officials that were appearing in the newspapers.581 "The Great Wheel of Time" Bernhisel moved quickly to cast doubt on the charges of the returning officials. He flatly denied that Mormon leaders had made any inflammatory statements concerning Zachary Taylor's untimely death.582 Bernhisel even suggested that Judge Brocchus had fabricated the story pointing to the fact that he had not been present at the July 24, 1851 meeting - even though Brocchus had made clear that he was quoting the accounts of the other two officials.583 The doctor used the same approach in attempting to discredit the Judge's charge that Church leaders had claimed that the federal government had drafted the Mormon Battalion in 1846 with the intention of destroying the Latter-day Saints.584 "A Letter from the Delegate to Congress from Utah," Daily National Intelligencer (Washington, DC), December 3, 1851. In this letter, Bernhisel asks for a "suspension of public opinion." 581 From the Territory of Utah," Daily National Intelligencer (Washington, DC), November 18, 1851. See also John Bernhisel to Brigham Young, January 7, 1852, box 60, folder 12, BYP. This letter describes the damage that Young's intemperate statements had done to the Mormon reputation in Washington. 582 Bernhisel issued a statement saying that he had heard Young's speech "and therefore know that he made no reflections injurious to the public services or private character of the late lamented President Taylor." See John Bernhisel to President Millard Fillmore, December 1, 1851, House Exec. Doc. 25 (32-1), 1852, Serial 640, 3-5. Compare with "From the Territory of Utah," Daily National Intelligencer (Washington, DC), November 18, 1851. Brocchus states, "As soon after my arrival here as my illness would permit, 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." 583 584 Bernhisel did not directly deny that Church leaders had made the statement concerning the Mormon Battalion. Instead he emphatically wrote "The government did not TAKE from us a battalion of men, but one of its most gallant officers made a call for volunteers." John Bernhisel to President Millard Fillmore, December 1, 1851, House Exec. Doc. 25 (32-1), 1852, Serial 640, 27. Compare with "Oration," Deseret News (Salt Lake City), August 19, 1851. In this speech given on July 24, 1851, Mormon leader 212 Bernhisel's other attempts to discount the report of the returning officials were less than artful. He responded to a complaint of Secretary Broughton D. Harris of Young's illegal handling of the territorial elections saying that Mormon leaders only wished to ensure that the Delegate to Congress "might be enabled to go before the inclement season should set in."585 Bernhisel then carefully dodged the charges of the Mormon practice of polygamy saying that he did not feel "authorized, under any circumstances, to enter into, countenance, or admit an official discussion of either the religious faith or the moral habits of the people of Utah."586 Bernhisel employed similar devices to avoid directly addressing several other charges of the federal officers - a tactic that did not go unnoticed in the nation's press.587 The arrival in Washington of a Mormon Mayor and a recent edition of the Deseret News quickly threw Bernhisel's carefullycrafted responses into disarray however. Daniel H. Wells states that while still fleeing the mobs in Illinois in 1846, "the Government of the United States required a battalion of five hundred men, to leave their families in this precarious situation." He went to say "That country that could have the BARBARITY, under such peculiar circumstances, to make such a requirement, could have no other object in view than to finish, by utter extermination, the work which had so ruthlessly begun." 585 Brigham Young to Millard Fillmore, September 29, 1851, House Exec. Doc. 25 (321), 1852, Serial 640, 28. See also Ronald W. Walker and Matthew J. Grow, "The People Are ‘Hogaffed or Humbugged': The 1851-52 National Reaction to Utah's ‘Runaway' Officers," Journal of Mormon History 40 (Winter 2014): 12. 586 John Bernhisel to President Millard Fillmore, December 30, 1851, House Exec. Doc. 25 (32-1), 1852, Serial 640, 3-5. Compare with Report of Messrs. Brandebury, Brocchus, and Harris, to the President of the United States, September 20, 1851, House Exec. Doc. 25 (32-1), 1852, Serial 640, 8-17. See "The Mormon Governor," Daily Evening Transcript (Boston), January 16, 1852. The newspaper describes Bernhisel's explanations as "vague, general, and unsatisfactory." For more examples of the charges of the officials and Bernhisel's approach in answering them see Worthen, "The Runaway Officials Revisited," 90-96. 587 213 Salt Lake City Mayor Jedediah Grant arrived in Washington on the evening of December 8, 1851 and was soon complicating Bernhisel's attempts at damage control.588 Grant contradicted the doctor's statement that Young had never made the inflammatory remarks about Zachary Taylor's untimely death. Grant insisted that Young had indeed made the statements saying only that his language had been "less severe" and that he had spoken them at a different meeting from the one the returning officials had reported.589 Grant next undercut Bernhisel's attempts to avoid the issue of polygamy - revealing to Thomas Kane that plural marriage was in fact an official practice of the Mormon Church.590 Then to Bernhisel's dismay, the ever-helpful Mayor made clear his intention to publicly defend the practice of polygamy. To this end, Grant requested that Bernhisel arrange meetings for him with the President and key members of Congress. The thought of the firebrand Mayor making the rounds of Washington's powerbrokers horrified Bernhisel. The doctor made clear to Grant that such a course of action "would not do." Bernhisel only provided him with a brief meeting with the President. He also limited Grant's meetings with members of Congress to Senator Stephen A. Douglas - a man he already knew.591 Bernhisel's actions offended Grant who 588 John Bernhisel to Brigham Young, December 12, 1851, box 60, folder 11, BYP. 589 John Bernhisel to Thomas Kane, December 17, 1851, box 16, folder 4, KANE. 590 Jedediah Grant to Brigham Young, December 30, 1851, box 39, folder 12, BYP. Grant's explanation of polygamy was not entirely forthcoming. He told Kane that the women outnumbered men three to two in Mormon communities requiring such a practice. 591 Jedediah Grant to Susan Grant, March 9, 1851, folder 1, Susan N. Grant Correspondence, MS 3371, CHL. See also Jedediah M. Grant to Brigham Young, March 10, 1852, box 38, folder 12, BYP. In both of these letters Grant expresses frustration at the refusal of Bernhisel to defend polygamy in Congress. For more information on Grant's mission to Washington see Ronald W. Walker and Matthew J. Grow, "The 214 soon left for Philadelphia to work with Thomas Kane in a letter-writing campaign to discredit the returning officials.592 Bernhisel's problems did not end with the departure of Jedediah Grant however. Much to Bernhisel's alarm, copies of the Deseret News began appearing in Washington and New York, undercutting his attempts to deny the intemperate rhetoric of Mormon leaders against the federal government. The Mormon newspaper contained accounts of some of the more inflammatory speeches that Church leaders had made in front of the federal officials - forcing Bernhisel to go back to the White House to explain them to President Fillmore.593 Meanwhile, even Thomas Kane, with all his expertise in manufacturing public opinion, was having difficulty convincing the newspapers of the innocence of Mormon leaders. Kane worked with Jedediah Grant in writing three letters to the influential New York Herald portraying Mormon leaders as heroic figures who were the victims of unscrupulous political hacks from Washington.594 Invoking the romantic ethos of the People Are ‘Hogaffed or Humbugged': The 1851-52 National Reaction to Utah's ‘Runaway" Officers,' Journal of Mormon History 40 (Winter 2014): 15-19. 592 It appears that Kane was the instigator of the campaign to write a series of letters to the newspapers of the East under Grant's name. See Ronald W. Walker and Matthew J. Grow, "The People Are ‘Hogaffed or Humbugged': The 1851-52 National Reaction to Utah's ‘Runaway' Officers,' Journal of Mormon History 40 (Winter 2014): 34-37. See "Oration," Deseret News (Salt Lake City), August 19, 1851. This article contains a transcript of the speech of Daniel H. Wells that he delivered before an audience that included the federal officials on July 24, 1851. Bernhisel went to President Fillmore with the Deseret News in hand and tried to minimize the importance of the speech saying it "contained much more that was favorable to the government than it did against it." See John Bernhisel to Thomas Kane, December 17, 1851, box 16, folder 4, KANE. 593 594 While only Jedediah Grant signed the letters to the New York Herald, he alludes to joint authorship when he wrote to Brigham Young saying that Thomas Kane is "longminded with the quill and I give him inspiration." For a further discussion of the 215 West, Kane and Grant lionized Brigham Young as a frontiersman who stood in stark contrast to the lawyers and dandies of the East. If Young had spoken bluntly it was because "he can't smile and stab in the same wink, as they learn to do in Washington." Kane and Grant then argued that the officials from the East were unfit for the rigors of life in the unsettled West.595 Brigham Young on the other hand was a swashbuckling trailblazer who might be deficient in the social graces but was more than equal to the task of protecting his followers from the dangers of the frontier. Brigham is the article that sells out West with us - between a Roman cutlass and a beef butcher knife, the thing to cut up a deer or cut down an enemy, and that will save your life or carve your dinner every bit as well, though the headpiece is buck horn and the case a hog skin hanging in the breech of your pantaloons. You, that judge men by the handle and the sheath, how can I make you know a good Blade?"596 The romantic prose and slashing attacks of Kane and Grant did not impress New York Herald editor James Gordon Bennett. He only published the first of the three letters and satirized its contents. Bennett complained that the letter gave "a character to Judge Brocchus unsubstantiated by any proofs." Bennett also noted that "the pith of the charges against Gov. Young and his community is not answered." Bennett felt certain that the federal government would continue to have difficulties with the Mormons and that there was some truth to the reports "that they had broken out into open mutiny."597 authorship of the three letters see Gene Allred Sessions, Mormon Thunder: A Documentary History of Jedediah Morgan Grant (Urbana: University of Illinois Press, 1982), 264-265. 595 Jedediah Morgan Grant, Three Letters to the New York Herald, from J.M. Grant, of Utah ([New York?]: n.p., 1852), 28. 596 Grant, Three Letters to the New York Herald, 27. 597 "Elder Grant's Defense of the Mormons," New York Herald, March 9, 1852. 216 The actions of Jedediah Grant and the articles in the Deseret News were making it difficult for Bernhisel to defuse the crisis. Meanwhile, the response to Kane's public relations effort had proven to be a disappointment. Many members of Congress and the eastern press were skeptical that the charges of the returning officials were mean-spirited fabrications with no truth to them. Therefore, the doctor decided to concentrate his efforts on a tactic that he knew would appeal to Millard Fillmore. He would characterize Brocchus and the other returning officers as typical "runaway officials" who had existed in the Territories for years and who often forced local residents to take over key functions of government.598 Absenteeism and ineffective leadership among patronage officials in the territories had been a long-standing issue in Washington. It had also been the greatest challenge during Millard Fillmore's first year as President.599 In New Mexico, residents had complained that Chief Justice Grafton Baker had left his post in September 1851 and had not returned for months.600 Judge Baker blamed his absence on the low pay and poor living conditions in the territory. It was a typical complaint of territorial officials.601 The problem was so acute that many nonresident officials in the territories had other business interests and treated their official duties as seasonal work. In Oregon Territory, residents Jack Eblen, The First and Second United States Empires : Governors and Territorial Government, 1784-1912. (Pittsburgh: University of Pittsburgh Press, 1968), 114. The ineffectiveness of Washington appointed officials often resulted in local governments creating laws to suit the occasion rather than following federal statutes. 598 599 Cong. Globe, 32nd Cong., 1st Sess. 1236 (1852). 600 Cong. Globe, 32nd Cong., 1st Sess. 1409-1419 (1852). This debate contains a prolonged discussion of the problems of the territorial system - especially absenteeism. 601 Cong. Globe, 32nd Cong., 1st Sess. 827 (1852). 217 complained that one of their judges was visiting the California gold fields instead of holding court.602 Such practices often had a crippling effect on the operation of government.603 In Minnesota Territory, delegate Henry Sibley complained that the problem of absentee officials had seriously affected the ability of the judicial and executive branches of the territory to function.604 Bernhisel discovered that long before the nonresident officers of Utah Territory had arrived in the Great Basin, the problem of "runaway officials" had become so acute that Congress had passed a law penalizing absentee territorial officers. According to the law, any officials who had left their assignment for more than sixty days would forfeit an entire year's pay.605 Bernhisel took advantage of these long-standing issues to portray the returning officers from Utah Territory as typical "runaway officials" who were unhappy with their assignments. He even suggested that Perry Brocchus had left his post because he had failed to convince the Mormons to elect him as their Delegate to Congress. Bernhisel's charges proved appealing to President Fillmore. Fillmore apparently felt that the problems in Utah were similar to ones that he had been dealing with in other 602 Cong. Globe, 32nd Cong., 1st Sess. 1236-1237 (1852). 603 Eblen, The First and Second United States Empires, 72-75. 604 Cong. Globe, 32nd Cong., 1st Sess. 1236 (1852). 605 United States Statutes at Large, Act of March 3, 1851, IX, 611. The contents of the proviso are discussed in some detail in Cong. Globe, 32nd Cong., 1st Sess. 1235 (1852). The returning officials from Utah were also subject to this provision. Members of Congress did not wish to require them to forfeit their pay if they had good reason for leaving the territory. See Cong. Globe, 32nd Cong., 1st Sess. 1236 (1852). See also Earl Pomeroy, The Territories and the United States, 1861-1890 : Studies in Colonial Administration (Seattle: University of Washington Press, 1969), 9-10. Problems with absenteeism continued through much of the nineteenth-century. 218 territories.606 He concluded that the conflict with the returning officials had been the fault of Perry Brocchus and the other political appointees.607 Much to the doctor's relief, Fillmore indicated that he was siding with the Mormons in the dispute. Nonetheless, the President wanted assurances from Bernhisel of Mormon loyalty to the Union and that Young had not misused the $20,000 federal appropriation for building a statehouse. In response to the President's concerns, Bernhisel aggressively defended the loyalty of the Mormons. He also assured Fillmore that the $20,000 dollars would be used for its intended purpose and promised that Governor Young could reimburse the entire amount to the government upon twenty-four hours' notice.608 Bernhisel's statement was particularly bold as he apparently did not know what had happened to the $20,000 in federal funds that Young had in his possession.609 Nonetheless, after listening to 606 Apparently, Fillmore was dealing with similar issues in Oregon and New Mexico when the complaints from the federal officials in Utah arrived. See Ronald W. Walker and Matthew J. Grow, "The People Are ‘Hogaffed or Humbugged': The 1851-52 National Reaction to Utah's ‘Runaway' Officers," Journal of Mormon History 40 (Winter 2014): 14-15. 607 Bernhisel states that the officials complained that their living expenses were "incommensurate with the rate of salary granted them by the United States" and had asked him to seek "an increased remuneration" from Congress. House Exec. Doc. 25 (321), 1852, Serial 640, 3-5. Bernhisel also claimed that Brocchus was only interested in being named as the Delegate of Utah Territory to Congress and left when he discovered that the Mormons had chosen the doctor instead. See John Bernhisel to Brigham Young, December 5, 1851, box 60, folder 11, BYP. Fillmore, who was a Whig, had appointed Brocchus, who was a Democrat, as part of the negotiations surrounding the Compromise of 1850 and had little interest in defending him. See Ronald W. Walker and Matthew J. Grow, "The People Are ‘Hogaffed or Humbugged': The 1851-52 National Reaction to Utah's ‘Runaway' Officers," Journal of Mormon History 40 (Winter 2014): 5-6. 608 609 John Bernhisel to Brigham Young, April 9, 1852, box 60, folder 12, BYP. John Bernhisel to Brigham Young, April 16, 1852, box 60, folder 12, BYP. Bernhisel controlled Church funds in the eastern United States. In this letter he informs Young that he had suspended payments from these funds "to aid you should need assistance" in repaying any of $20,000 in federal funds in his possession. Young later wrote Bernhisel 219 Bernhisel's reassurances, Fillmore agreed to have Young to remain as governor and promised to appoint new officials to Utah Territory. The President also agreed to drop plans to station two thousand soldiers in the Great Basin. It was a stunning victory for the distinguished physician. Against all odds, his personal diplomacy and artful arguments had won the President over.610 Bernhisel soon discovered that Congress was not as impressed with his attempts to blame the returning officials for the conflict as the President had been.611 Key members of the House and Senate felt that the Mormons were largely to blame for the departure of the officials.612 Much to the doctor's dismay, Congress passed a bill changing the law penalizing absenteeism in the territories and paid the salaries of the returning officers from Utah - essentially exonerating them from the charge of being typical "runaway officials." The action signaled that the battle to preserve Mormon control over the Great Basin was far from over.613 Meanwhile, Brigham Young was not saying he had legally expended the $20,000 but gave few details. See Brigham Young to John Bernhisel, May 27, 1852, box 60, folder 2, BYP. The problem with the building of the statehouse went on for years and ended up costing the Mormons far more than the original $20,000 dollars that Congress appropriated. 610 John Bernhisel to Brigham Young, October 11, 1852, box 60, folder 13, BYP. 611 Fillmore had gone so far as to appoint two Mormon Apostles, Heber C. Kimball and Orson Hyde, to the vacant seats on the Supreme Court of Utah Territory, but Congress rejected the nominations. See Ronald W. Walker and Matthew J. Grow, "The People Are ‘Hogaffed or Humbugged': The 1851-52 National Reaction to Utah's ‘Runaway' Officers," Journal of Mormon History 40 (Winter 2014): 44. 612 United States Statutes at Large, Act of June 15, 1852, X, 10. See Cong. Globe, 32nd Cong., 1st Sess. 1235-1237 (1852). 613 John Bernhisel to Brigham Young, June 8, 1852, box 60, folder 13, BYP. Bernhisel wrote Young that the returning officials "have been routed, horse, foot, and dragoons." 220 satisfied with the victory that Bernhisel had won. Much to the doctor's dismay, Fillmore's leniency had only emboldened the Mormon leader. He was soon taking actions that Washington officials could not help but interpret as a direct challenge to their authority. Bernhisel and Young were soon at odds over how to proceed after the close call with military intervention in Utah Territory. Bernhisel advocated compromising with the federal government since Washington power could not be ignored. Until Deseret could become a sovereign state, Bernhisel argued, the sensible thing to do was to endure the presence of federal officials rather than antagonizing them. The doctor argued that there was nothing that the Mormons could do about the fact that there was "a vast deal of prejudice existing against us" and therefore "we had better make a virtue of necessity and endure it for the time being." The doctor felt that "the great wheel of time" was on the side of the Mormons and that patience was the key to solving difficulties in Washington. Bernhisel pointed to his success in using compromise and recognizing the reality of Washington's power. "My course at the seat of the federal government has met the approbation of our best friends there, who think that I have performed wonders by preventing your removal from office and two thousand troops from being quartered upon us."614 The doctor also suggested to Mormon leaders that it was time to put the conflicts with Illinois and Missouri behind them. He recommended that Mormon leaders cease their criticisms "against Missouri and Illinois, for what is said against them, is tortured Nonetheless, he conceded that "it cannot be denied that we do not stand where we were did prior to this explosion." 614 John Bernhisel to Brigham Young, October 11, 1852, box 60, folder 13, BYP. 221 into hostility against the United States. Let bygones be bygones."615 Bernhisel's arguments did not sway the Mormon leadership however. Young in particular saw the fact that Washington had not taken any punitive action in response to the departure of the first set of officials as a vindication of his actions in rejecting federal authority. Meanwhile, Bernhisel's suggestion that Mormon leaders refrain from revisiting the expulsions from Illinois and Missouri ignited Young's fury. "Shall we forget it? No never shall we cease to speak of it. Not while our tongues can wag, and our children and children's children throughout all generations will speak of it."616 Young then began escalating the confrontation with Washington and undermining the doctor's policy of patient diplomacy. "Throwing Down the Glove" The failure of Washington to send troops to Utah Territory or to replace Brigham Young as governor only invited the Mormon leader to show more contempt for federal power. It did not take long before Young began making Bernhisel's job in Washington a perfect nightmare. Mormon leaders continued to send incendiary letters to Washington newspapers about the first set of non-Mormon officials - effectively undermining Bernhisel's efforts to put the controversy to rest.617 Meanwhile, just when the doctor 615 John Bernhisel to Jedediah Grant, March 10, 1852, box 39, folder 12, BYP. At Bernhisel's request, Grant shared this letter with Brigham Young. 616 617 Brigham Young to John Bernhisel, May 27, 1852, box 60, folder 2, BYP. On July 15, 1852, Bernhisel discovered that W. W. Phelps had written a letter to the New York Herald that criticized the returning officials in strong language. See "Affairs of the Mormons: Interesting Letter from the Fathers and Elders of the Church," New York Herald, July 15, 1852. Bernhisel complained to Young that the letter only served to reignite a debate about what had happened between the Mormons and the federal officials 222 thought he had won back many members of Congress, Brigham Young launched a new initiative to publicly defend the Mormon practice of polygamy. Bernhisel feared that Congress would see it as yet another sign of Young's scorn for federal power. Bernhisel tried to warn Mormon leaders of the ramifications of escalating the conflict with Washington. He related how one member of Congress had told him "that if we should come into collision with the general government that we should be destroyed."618 The doctor asked that Young and the Apostles show deference to any future non-Mormon federal officials and to cease any public defense of polygamy.619 He warned that the open practice of polygamy had led many members of Congress to see the Latter-day Saints as an "immoral and licentious" people rather than as a persecuted religious minority.620 Bernhisel begged Young to appease Washington - lest serious consequences follow. The Mormon leader was convinced that he had the upper hand in the conflict and answered the doctor's concerns with blistering defiance. He said he knew that the government might try "to send troops to overawe us, send governors and judges to rule that he thought he had put to rest. See John Bernhisel to Brigham Young, August 12, 1852, box 60, folder 13, BYP. 618 Bernhisel quoted Illinois Representative William Richardson, the Chair of the House Committee on Territories as making this statement. See John Bernhisel to Brigham Young, March 10, 1852, box 60, folder 12, BYP. Bernhisel also stated that most members of Congress were not unfriendly to the Mormons, but when some of the heated rhetoric of the Latter-day Saints reached Washington it raised serious concerns. 619 620 See John Bernhisel to Brigham Young, October 11, 1852, box 60, folder 12, BYP. John Bernhisel to Brigham Young, August 12, 1852, box 60, folder 13, BYP. Concerning polygamy, Bernhisel warned that "the public mind is exceedingly sensitive on that subject, not at all prepared to receive it, and its effect would be decidedly injurious." 223 us, and in various ways seek to force a government which is repugnant to our feelings to exercise their tyrannical functions over us." Young insisted that the Mormons would not bow to such tactics. "We dug our way into these mountains to free ourselves from oppression," Young reminded Bernhisel.621 The Mormons had only wanted one thing from Washington, Young insisted. "We have only asked for simple justice." Instead, Congress had given the Mormons "the most unquestionable indications of deadly hate and Malice." Young then went on to say, "We fled from their persecution - we grew by being let alone."622 Bernhisel had an even more difficult time opposing Young's decision to openly defend the practice of polygamy. He urged the Mormon leader not to discuss the practice publicly. The doctor was particularly concerned that Jedediah Grant had "intimated that he would ask Elder Orson Pratt to publish an exposition of the Peculiar Doctrine." Bernhisel felt that such a publication would only hurt the Mormons. "I would beg respectfully to suggest that in my humble judgement no such publication had better be made," the doctor implored.623 Bernhisel understood all too well how Congress would make polygamy a political issue and tie it to the controversy over slavery - complicating Young went on to say, "We did live before the Territorial organization and can do so without it, we would like to have it continued, if it can, upon a righteous principle, but rest assured Dr if it cannot be so granted, the people of this Territory will readopt the Provisional government, and reapply for their admission as a free and sovereign state and recall their delegate. These are the sentiments of the people as indicated by the best and various sources of intelligence." Brigham Young to John Bernhisel, February 28, 1852, box 60, folder 2, BYP. 621 622 623 Brigham Young to John M. Bernhisel, September 29, 1852, box 60 folder 3, BYP. John Bernhisel to Brigham Young, August 12, 1852, box 60, folder 13, BYP. (emphasis in original) 224 his efforts to gain statehood for Utah Territory.624 Nonetheless, the doctor's letter only provoked another angry response from Young. In a long rambling letter, Young answered Bernhisel's warnings that polygamy was alienating once sympathetic members of Congress. "You may think that we are determined to drive from us all our friends," Young wrote Bernhisel. "But you must remember Dr. that we are not dependent upon this generation for our position." Young then suggested that Bernhisel's friends in Washington had done little to help the Latterday Saints. The Mormons had built their Great Basin kingdom "without any of their assistance or available good will." Young then counseled Bernhisel not to be troubled with the public's condemnation of polygamy and other Mormon practices. "Let them howl and spend their fury," the Latter-day Saint leader advised. Young then told Bernhisel not to be concerned about "an approaching tempest" or signs of a violent conflict with Washington. "Remember that God has spoken."625 Young and the Apostles then proceeded to hold a special conference in Salt Lake City on August 28-29, 1852 where Apostle Orson Pratt presented a discourse on the topic of "Celestial Marriage." Young and other Church leaders also made remarks about polygamy. Their speeches soon appeared in a special edition of the Deseret News which was reprinted in pamphlet form.626 Young then sent missionaries to the East to publicize 624 Rogers, Unpopular Sovereignty, 18-19. 625 Brigham Young to John Bernhisel, September 29, 1852, box 60, folder 3, BYP. 626 "A Special Conference," Deseret News (Salt Lake City) - Extra, September 14, 1852. 225 and defend polygamy.627 By December they were in Washington. Bernhisel was furious at Young's polygamy initiative. He knew that Washington would see Young's actions as a provocation. He advised the Mormon leader that members of Congress would see the polygamy campaign as "throwing down the glove and daring them to do their worst." He also discounted the possibility that the public would be impressed with the arguments contained in the pamphlet that Mormon missionaries were circulating in Washington. "It seems at present utterly impossible that one in ten thousand will be convinced that the "Doctrine" is at all consistent with chastity or even common morality," Bernhisel protested.628 The situation soon grew worse with the arrival of Apostle Orson Pratt in the nation's capital. Pratt arrived in Washington on December 12, 1852 and began publication of a newspaper called The Seer.629 The periodical was dedicated to expounding the "doctrines of the Church" - especially polygamy. Pratt encouraged the President, members of Congress, department heads, and other leaders to "patronize the periodical."630 Pratt also rented Temperance Hall in Washington and "commenced preaching one evening in the week, and three times on the Sabbath" beginning on December 22, 1852.631 627 See Peter Crawley, A Descriptive Bibliography of the Mormon Church (Provo, UT: Religious Studies Center, Brigham Young University, 1997), 354-357. 628 John Bernhisel to Brigham Young, November 8, 1852, box 60, folder 13, BYP. 629 John Bernhisel to Brigham Young, January 6, 1853, box 60, folder 14, BYP. 630 "Prospectus," The Seer (Washington, DC), January 1853. 631 John Bernhisel to Brigham Young, February 5, 1853, box 60, folder 14, BYP. See also "Doctrines of Mormonism," Daily National Intelligencer (Washington, DC), December 29, 1852. This article indicates that Pratt preached at Temperance Hall "thrice on Sunday and once on Wednesday evening of each week." It describes an audience of at least two hundred. The article also states that there was no longer "further room for doubt" about 226 Bernhisel attended Pratt's meetings and noted that three members of Congress were also in attendance. The doctor reported that on the third Sunday, Pratt had talked about polygamy "fully and plainly, and in all its various ramifications, keeping nothing back." Bernhisel reported that "the discourse produced quite a sensation in the Hall, a number left, and when he had concluded his audience was reduced about one third." Bernhisel then reported that on the Sunday morning following "the administration of this bitter pill" that only about a half dozen people came to hear Pratt preach. In response, the Apostle suspended his preaching activities in Washington, but continued to publish The Seer. Bernhisel noted that Pratt's newspaper was as offensive to people in Washington as his preaching however.632 The doctor's persistent complaints caused a stir among Young and the Apostles. They would soon openly take issue with the doctor's unwillingness to support the Mormon practice of polygamy in Congress.633 Bernhisel's opposition to Young's defense of polygamy may also have been rooted in his own misgivings about the practice. While information concerning Bernhisel's plural marriages is scant, it appears that he returned to monogamy during this period. In the fall of 1851 Church leaders dissolved the doctor's polyandrous marriage to Catherine Burgess Barker - the mother of his sole remaining wife Elizabeth Burgess Mormon sentiments on polygamy - "they are not only acknowledged but proclaimed and sought to be universally spread." 632 633 John Bernhisel to Brigham Young, February 5, 1853, box 60, folder 14, BYP. Jedediah M. Grant to Brigham Young, March 10, 1852, box 38, folder 12, BYP. In this letter Grant complains about Bernhisel's reluctance to support polygamy in Congress. In a discourse in 1853, Young would make light of Bernhisel's concerns about publicizing polygamy. See Brigham Young Discourse, June 19, 1853, box 2, folder 11, Church Historian's Office, Report of Speeches, CR 100/317, CHL. 227 Barker.634 Meanwhile, his polyandrous marriage "for time only" to Permelia Lott disappeared from Church records after this time.635 Apparently, the doctor's marriage for "time only" to Melissa Lott came to an end by 1849 when she married a man named Ira Willes.636 In addition, the doctor's marriage to Julia Ann Haight Van Orden seems to have ended at this time.637 Meanwhile, plural wife Catherine Paine also appears to have taken a second husband. While Bernhisel's status with his plural wives is limited, all except his youngest wife Elizabeth seem to have disappeared from his life.638 Utah era records have a notation that Catherine Burgess Barker was "freed" from Bernhisel on August 29, 1851. See Barrett, "John M. Bernhisel, Mormon Elder in Congress," 240. In addition, official Utah records only list Thomas Barker as her husband. See "Utah, Salt Lake County Death Records, 1849-1949," November 7, 1884. 634 Permelia Lott appears as one of Bernhisel's wives in Nauvoo era records. See Anderson and Bergera, The Nauvoo Endowment Companies, 1845-1846, 437-438. In Utah era records, she is no longer listed. See Barrett, "John M. Bernhisel, Mormon Elder in Congress," 240. In addition, her obituary lists only Cornelius P. Lott as a husband and Bernhisel is not mentioned. See "Permelia Lott," January 18, 1882, Deseret News (Salt Lake City). 635 636 Barrett, "John M. Bernhisel, Mormon Elder in Congress," 52. Bernhisel had a son with Julia Ann Haight Van Orden. Barrett, "John M. Bernhisel, Mormon Elder in Congress," 51-52, 240. Apparently, their marriage effectively came to an end during this period although Church leaders did not formally cancel it until 1893. See Barrett, "John M. Bernhisel, Mormon Elder in Congress," 51n12. 637 638 Fanny Spafford, a wife for time and eternity, died on April 23, 1846 in Nauvoo Illinois - just a few weeks after marrying Bernhisel. See Easton, Membership of the Church of Jesus Christ of Latter-Day Saints 1830-1848, 40:755-756. Another wife for time and eternity, Dolly Ransom, died on June 22, 1852 in Nauvoo, Illinois having never travelled to the Great Basin. See The Church of Jesus Christ of Latter-day Saints, "Pedigree Resource File," database, FamilySearch (https://familysearch.org/ark:/61903/2:2:M1XS-GHZ : accessed 2016-05-19), entry for Dorothy Maria RANSOM, submitted by jevans2704961. Apparently, Catherine Joanna Paine remained in the East and may have married a man named John Wilkie. She died in New York on December 20, 1861. See Nauvoo Community Project (http://nauvoo.byu.edu/ViewPerson.aspx?ID=48272: accessed 2017-04-09). 228 Whatever his thoughts about polygamy might have been, Bernhisel was convinced that "should there be another flare-up we shall be utterly ruined here as regards obtaining appropriations, or getting or even retaining any offices in our Territory." Therefore, the doctor implored Young "that no pains nor effort be spared to cultivate the most friendly relations between the new appointees and the authorities and people of Utah."639 Young's reply was all too predictable however. "Treat them well?" the Mormon leader queried. "You know we will if they deserve it, and more you know we always have though cursed by their pestiferous breath from our commencement as a people."640 Despite his public bluster, Young seemed to understand the Mormons needed federal dollars to build roads, control the Indian population, and construct public buildings. He knew that he could not put out one hand asking for federal appropriations while shaking his fist at Washington with the other. Therefore, Young was willing to have a constructive relationship with federal officials as long as they refrained from interfering with his administration of the government. Meanwhile, Millard Fillmore seemed willing to send Young a compliant set of officials to finish the terms of those who had left Utah Territory in 1851. These accommodating interim officials would only tempt the Mormon leader to assert even more independence from Washington however. "No Man Has Been More Grossly Misrepresented" In selecting replacement officials for Utah Territory, President Fillmore sought out men who had the right temperament to get along with the Latter-day Saints. All of 639 John Bernhisel to Brigham Young, August 31, 1852, box 60, folder 13, BYP. 640 Brigham Young to John Bernhisel, September 29, 1852, box 60, folder 3, BYP. 229 them knew that they would be short-term appointees as Fillmore was not a candidate for the Presidency. The President made a particularly wise choice in selecting Lazarus H. Read of Bath, New York to be the new Chief Justice of the Utah Territory Supreme Court. Judge Read had been acquainted with members of the Young family in Steuben County, New York and thought highly of them.641 He also had the reputation of being a kindly gentleman who had earned the respect of the members of his community.642 Fillmore's choice of Leonidas Shaver of Lexington, Missouri to serve as an Associate Justice of the Supreme Court also proved to be a good choice. He had an excellent reputation as a Gentleman of character who could get along with the Mormons.643 Finally, the President selected Benjamin Ferris of Ithaca, New York as the Secretary of Utah Territory.644 He proved to have an excellent relationship with Mormon leaders because he was more interested in visiting the West than in challenging Young's unorthodox management of the territory.645 Ferris, Read, and Shaver traveled together to Salt Lake City in the fall of 1852. 641 "Letter from Col. Read," Steuben Farmer's Advocate (Bath, NY), August 10, 1853. "Death of Judge Read," The Steuben Courier (Bath, NY), March 28, 1855. Judge Read was a lawyer by trade who had also served as District Attorney before his appointment to Utah Territory. 642 643 John Bernhisel to Brigham Young, August 13, 1852, box 60, folder 13, BYP. 644 John Bernhisel to Brigham Young, June 8, 1852, box 60, folder 13, BYP. 645 Benjamin G. Ferris, Utah and the Mormons: The History, Government, Doctrines, Customs, and Prospects of the Latter-Day Saints : From Personal Observation during a Six Months' Residence at Great Salt Lake City (New York: Harper and Bros., 1854), vii. It appears that Ferris was reluctant to accept the position and went to Utah more out of curiosity to see the West than out of a desire for political advancement. See also John Bernhisel to Brigham Young, May 14, 1852, box 60, folder 12, BYP. 230 Ferris and Shaver arrived in mid-October.646 However, Chief Justice Read had to turn back to New York at Fort Laramie for health reasons.647 He finally arrived in Salt Lake City the following summer.648 All three men were short-term appointees who chose to work within the confines of Mormon Nationalism. Not surprisingly, Brigham Young was cordial to the new officials and praised them in letters to Washington. This made it difficult for him to dispute the critical reports that some of them later wrote about him. Lazarus H. Read had an excellent relationship with Young. He spent his first year in New York recovering from an illness and during his second year in Utah he never held court.649 Shortly after arriving however Read wrote a letter home describing the Mormons. "I have made up my mind that no man has been more grossly misrepresented than Gov. Young," Read wrote in a letter published in local newspapers. "He is a man who will reciprocate kindness and good intentions as heartily and as freely as anyone - but if abused or crowded hard, I think he may be found exceedingly hard to handle." Young was pleasantly surprised at the statement and soon Mormon newspapers were See "New Judge," Deseret News (Salt Lake City), November 11, 1852. See also "Mr. Secretary Ferris," Deseret News (Salt Lake City), November 11, 1852. 646 "News By the Mails," New York Times, November 18, 1852. This article records the arrival of Judge Read in Independence, Missouri and indicates that he had been travelling with the other two officials but had to return because of ill health. See also "Death of Judge Read," The Steuben Courier (Bath, NY), March 28, 1855. Read's obituary states that he had made it as far as Fort Laramie before returning to the township in December 1852 to spend the winter. 647 648 See entry of June 5, 1853, in Manuscript History of Brigham Young, CR 100/102, CHL. "A Brief History of the Federal Courts and Judges in and for Utah Previous to the Crusade," Deseret News (Salt Lake City), May 27, 1863. The legislature did not assign Read a judicial district until January 13, 1854. He left the territory two months later before the scheduled term of the Court commenced. 649 231 reprinting the Judge's flattering description of the Mormon leader.650 Read also made some other observations that Young chose not to reprint. The Judge stated that the Mormons had an independent judiciary and frequently operated outside of territorial law. He also noted that the Latter-day Saints sometimes solved problems with violence - especially issues of adultery. "The men are jealous of all interference in their domestic affairs, and seduction and adultery are apt to be punished by the death of the offender. Some cases of this kind have happened here."651 Nonetheless, when Read resigned on March 29, 1854, his farewell letter to Brigham Young expressed nothing but thanks for the courteous way in which the Mormon leader had treated him.652 Young wrote back expressing his appreciation of the Judge's kind words and praised him as a man of intelligence.653 Leonidas Shaver also had a positive relationship with the Mormons. Like Judge Read, Shaver had earned the respect of Mormon leaders and got along well with them.654 650 Apparently Bernhisel alerted Mormon leaders to the letter. See John Bernhisel to Brigham Young, July 14, 1854, box 60, folder 16, BYP. For Judge Read's complete letter see "Letter from Col. Read," Steuben Farmer's Advocate (Bath, NY), August 10, 1853. See also "Utah and Governor Young," The Steuben Courier (Bath, NY), August 17, 1853. Apparently, this description pleased Brigham Young and the Mormons as it was reprinted in Mormon newspapers in various parts of the country. See "Utah and the Mormons," St. Louis Luminary, November 22, 1854. The Mormons often used Judge Read's letter to refute the less flattering descriptions of Benjamin Ferris in "Utah and the Mormons." 651 "Letter from Col. Read," Steuben Farmer's Advocate (Bath, NY), August 10, 1853. 652 Lazarus H. Read to Brigham Young, March 28, 1854, box 53, folder 21, BYP. Judge Read cited family reasons for returning to New York. 653 Brigham Young to Lazarus H. Read, March 31, 1854, box 53, folder 21, BYP. 654 See Brigham Young discourse of June 19, 1852 in Young, Journal of Discourses, 187. 232 Nonetheless, he openly challenged Young's use of the probate courts to handle civil and criminal cases in the territory.655 Although his disagreements with Young caused little controversy at the time, Shaver's unexpected death on June 29, 1855 did. Although the Judge had apparently died of natural causes, rumors soon appeared in the East that he had been the victim of foul play.656 Benjamin Ferris also had an excellent relationship with Brigham Young who frequently described him as a true Gentleman.657 While Ferris experienced no conflicts with Mormon leaders - he stayed in Utah for only six months.658 Having satisfied his curiosity about the Latter-day Saints, he left for California in early May of 1853 and wrote a book about his experiences.659 In "Utah and the Mormons," Ferris expressed a decidedly mixed view of the Latter-day Saints. On the one hand, he was often complimentary of the Mormon people, their culture, and their industry.660 On the other hand, he considered them deluded and 655 Stout, On the Mormon Frontier, October 20, 1854. "Death of the Honorable Leonidas Shaver," Deseret News (Salt Lake City), July 4, 1855. 656 657 Brigham Young to John Bernhisel, October 29, 1852, box 60, folder 3, BYP. See also Brigham Young to John Bernhisel, November 30, 1852, box 60, folder 3, BYP. 658 Ferris, Utah and the Mormons, viii. Unlike the first set of non-Mormon officials, Ferris felt that the Latter-day Saints had welcomed him warmly. "I was received at Salt Lake City and uniformly treated with friendly courtesy," he writes in his book. See also Brigham Young to Benjamin Ferris, November 27, 1852, box 53, folder 13, BYP. See also Brigham Young to John Bernhisel, February 27, 1853, box 60, folder 4, BYP. 659 660 Ferris, Utah and the Mormons, 339. Ferris, Utah and the Mormons, 306. The love of theater proved particularly impressive to Ferris. "During the winter, they keep up theatrical exhibitions at the Social Hall, and generally the performances are better sustained in all their parts than in the theatres in the Atlantic cities, though the principal part would not so well bear comparison. They lack in 233 fanatical.661 The Secretary also supported the claim of the previous set of officials that in Utah Territory the laws of United States were only "nominally in operation."662 He claimed that the territorial government was only for show and that everything was "obviously controlled by the Church."663 He also claimed that the isolation of the Great Basin allowed Mormon leaders unopposed influence to carry out "the most singular experiments upon human superstition and credulity which have been witnessed since the dark ages."664 Needless to say, Young and the Apostles were outraged at the harsh criticisms that came from a man they had once praised as a true Gentleman. It only reinforced Young's feelings that the Latter-day Saints needed to choose their own leaders and that the Mormons could not trust outsiders. Once again, the lack of a military response from Washington to "Utah and the Mormons" only reinforced Young's conviction that he could successfully challenge the authority of these unwanted officers. Meanwhile, Washington's patience was wearing thin. The 1852 election would soon bring a new President and a new resolve in costume, but their music is good, and they have a scene-painter who would embellish theatres of greater pretensions." 661 Ferris, Utah and the Mormons, 41. 662 Ferris, Utah and the Mormons, 167. 663 Ferris, Utah and the Mormons, 184-186. He also referred to the government in Utah as "a more perfect blending of Church and State than the world has ever yet seen." Ferris, Utah and the Mormons, 41. One newspaper reported that Ferris' book showed that "not half the degradation of the Mormons has been told; that Brigham Young has forty wives; and that seditious feelings are rife throughout the community. In short, that men and women are in a state of deep degradation." See "By Magnetic Telegraph," North American and United States Gazette (Philadelphia, PA), September 12, 1853. 664 234 Congress to rein in Mormon leaders. When a new set of officials arrived with a mandate to reassert the rule of Washington, sparks flew. They were unrelenting in attempting to curtail Mormon Nationalism in favor of traditional territorial rule. Not surprisingly, Young would insist that the theopolitical institutions of the American Zion took precedence over federal law. Soon both sides were resorting to force. It would only be a matter of time before the contest of wills broke out into open warfare. CHAPTER IX "A MOST TURBULENT, DISLOYAL, AND REBELLIOUS PEOPLE" We never turn to the Utah news without expecting something rich - either in Brigham Young's sermons or the Legislative enactments. We are not disappointed this time.665 --Weekly Reveille, April 20, 1854 The election of President Franklin Pierce changed the conflict between the Mormons and the federal government from a war of words into a show of force. While Pierce had hoped to find an accommodation with Brigham Young, he was not disposed to be as lenient as Millard Fillmore had been. A Democratic landslide in the 1852 elections had swept Pierce into office with overwhelming majorities in both houses of Congress. First and foremost, the new President wished to preserve the unity of his party.666 Pierce warned Bernhisel that many members of Congress saw the Mormons as a "most turbulent, disloyal, and rebellious people."667 Democrats in particular wanted to take strong measures against the Latter-day Saints - especially in light of their open practice 665 "Utah News and Col Fremont," Weekly Reveille (Vevay, IN), April 20, 1854. 666 Michael F. Holt, Franklin Pierce (New York: Times Books/Henry Holt and Co., 2010), 48. 667 John Bernhisel to Brigham Young, January 18, 1855, box 60, folder 18, BYP. 236 of polygamy.668 Mormon leaders had no intentions of bowing to pressure from Congress or the President. They openly proclaimed Mormon Nationalism and insisted that the federal government could not interfere with their social, political, or economic institutions. Soon Young and the Apostles were becoming blatantly belligerent toward the unwanted federal appointees.669 They began to use force to back their assertion that locally appointed probate judges had jurisdiction that superseded that of the federal courts. Violence also erupted in Mormon conflicts with federal Indian agents and land surveyors. Meanwhile, a prolonged famine only strengthened Young's resolve to exercise more control over his followers while reducing the influence of outsiders. By 1857 federal officials were fleeing Utah Territory with stories of a Mormon rebellion. Increasingly Washington saw military action as the only solution. As both sides hardened their positions, it seemed that the only thing missing was a declaration of war - and Brigham Young would unwittingly provide one. 668 John Bernhisel to Brigham Young, January 13, 1854, box 60, folder 15, BYP. Senator Stephen A. Douglas informed Bernhisel that members of Congress "were continually calling on him to inquire what kind of bill he intended to report to put down the institution of the Mormons, and intimated that if it could not be done by law, that they were in favor of employing force." 669 Young wrote to President Pierce saying that the Mormons had always preferred their provisional government to being a territory. "This we would still prefer, if the appointments cannot be filled by those residing in the Territory who feel an interest in her welfare." See Brigham Young to Franklin Pierce, March 30, 1853, box 51, folder 1, BYP. 237 "I am and will be Governor" Bernhisel returned to the Great Basin on May 29, 1853 in the middle of a driving rainstorm.670 It was a harbinger of things to come. After meeting with Church leaders about his work in Washington, Young invited the doctor to speak before a large audience of some two thousand people in the Tabernacle in Salt Lake City.671 Bernhisel would soon discover that his success in keeping Brigham Young in office and the U. S. Army out of Utah Territory had only emboldened the Mormon leader. Nonetheless, while Young's intransigence may have tempted Bernhisel to refuse another term in Washington, he seemed to realize the importance of his work. He had personally witnessed the suffering of the Latter-day Saints during the fall of Nauvoo and was determined to prevent such violence from recurring. Instead of resigning his post in protest, the doctor did something even more dramatic. He publicly criticized the actions of Young and the Apostles. During the Sunday afternoon services of June 19, 1853 Bernhisel candidly detailed the fallout that had resulted from the reports of the first set of non-Mormon officials. The doctor explained that he was having great difficulty seeking federal appropriations because he was instead fighting the passage of legislation intended "to injure us and our prosperity in this territory." Bernhisel next reported that the publicity surrounding the conflict with the first set of federal officials had appeared in newspapers throughout the country and overseas. The doctor warned that Mormon enemies in the 670 Church Historian's Office, Journal, 1844-1849, May 29, 1853, CR 100/1, CHL. Woodruff, Wilford Woodruff's Journal, 1833-1898, June 12, 1853. The Tabernacle was a meeting place that was made of adobe bricks. It was often used in cold weather while the Bowery was still used in warmer weather during this period. 671 238 United States and Europe were using the controversy as a "means of crushing us as a people."672 Bernhisel also revealed that the manner in which Mormon leaders had conducted the 1851 elections had caused controversy in Washington. The doctor reported that a New York Congressman had even tried to prevent him from assuming office in the House of Representatives.673 It was only with great difficulty that the doctor was able to convince him to drop the matter.674 Bernhisel felt that he was spending too much time dealing with such controversies. He stressed the importance of avoiding conflicts with the federal government at all costs.675 Bernhisel also spoke candidly about Orson Pratt's activities in Washington in defense of polygamy. The doctor strongly suggested that Pratt's undertaking had been a serious mistake. Bernhisel complained that just when conditions in Washington had 672 John M. Bernhisel, 19 June 1853, box 4 disk 9 images 167-183, Papers of George D. Watt MS 4534. Transcribed from the original shorthand by LaJean Purcell Carruth, December 8, 2009, CHL. 673 Cong. Globe, 32nd Cong., 1st Sess. 353 (1852). George Briggs of New York introduced a resolution calling for the Committee for Elections "to inquire into the election of John M. Bernhisel, the present Delegate from the Territory of Utah - whether said election was held according to law." See also Ronald W. Walker and Matthew J. Grow, "The People Are ‘Hogaffed or Humbugged': The 1851-52 National Reaction to Utah's ‘Runaway' Officers," Journal of Mormon History 40 (Winter 2014): 30-31. 674 See John Bernhisel to Brigham Young, February 13, 1852, box 60, folder 12, BYP. Bernhisel had earlier reported the attempt to challenge his election and the calamity he felt would follow if it succeeded. "There was also a blow aimed at me with the view to strike me down in my seat in the House, that Utah should have no one to stand between her and the roaring lions that are going about seek to devour her." 675 John M. Bernhisel, 19 June 1853, box 4 disk 9 images 167-183, Papers of George D. Watt MS 4534. Transcribed from the original shorthand by LaJean Purcell Carruth, December 8, 2009, CHL. See also John Bernhisel to Brigham Young, January 21, 1852, box 60, folder 12, BYP. 239 started to look more promising for the Mormons, Pratt had arrived and "his preaching and publishing greatly revived prejudice against us." The doctor reported that Pratt had attracted few listeners to his sermons in Temperance Hall in Washington - and that many of them had stormed out in reaction to the Apostle's statements on polygamy. 676 After concluding his remarks, Bernhisel took his seat to await Brigham Young's reply. The Mormon leader responded angrily to the doctor's pleas to seek an accommodation with federal officials as well as Bernhisel's desire to curtail the campaign defending polygamy. Young declared that he was "entirely unconcerned" with the storm of criticism that his actions and words had caused in Washington. Divine Providence would protect the Mormons from the federal government, he stated. "I am and will be Governor, and no power can hinder it, until the Lord Almighty says, ‘Brigham, you need not be Governor any longer.'" Young then defended his inflammatory statements to the first set of non-Mormon federal officials and expanded on them. He repeated his claim that God had consigned President Zachary Taylor to the flames of hell for his supposed hatred of the Mormons. Young also disputed the charge that he had driven off the first set of non-Mormon officials. "But I will tell you what I did, and what I will do again. I did chastise the mean ruffian, the poor miserable creature who came here by the name of Brocchus."677 Young next denied the charges of former Secretary Broughton D. Harris 676 John M. Bernhisel, 19 June 1853, box 4 disk 9 images 167-183, Papers of George D. Watt MS 4534. Transcribed from the original shorthand by LaJean Purcell Carruth, December 8, 2009, CHL. Brigham Young Discourse, June 19, 1853, box 2, folder 11, Church Historian's Office, Report of Speeches, CR 100/317, CHL. 677 240 concerning the legality of Bernhisel's 1851 election. Curiously, Young then asked for a show of hands in support of a proposal to send the doctor back to Congress for another term of office. "This has turned into a caucus meeting," Young exclaimed enthusiastically. Young then defended the unorthodox proceedings saying, "We are Mormons" and that the Mormons did things their own way and on their own schedule.678 Young also replied to Bernhisel's complaints about Orson Pratt's preaching and publishing activities in Washington. The Mormon leader seemed amused that the doctor had found Pratt's discussion of the "peculiar doctrine" to be an embarrassment. He then promised Bernhisel that there would be no end to such disclosures. "He thought that all the cats and kittens were let out of the bag when Brother Pratt went back last fall, and published the Revelation concerning the plurality of wives," Young remarked. He then warned Bernhisel, "You may expect an eternity of cats that have not yet escaped from the bag."679 Young then assured the doctor that Mormon leaders would continue to cause controversy. "Do you suppose that this people will ever see the day that they will rest in perfect security, in hopes of becoming like another people; nation state, kingdom, or society? They never will. Christ and Satan never can be friends." The Mormon leader Brigham Young Discourse, June 19, 1853, box 2, folder 11, Church Historian's Office, Report of Speeches, CR 100/317, CHL. (emphasis in original) Mormon leaders had decided two weeks earlier to send Bernhisel back to Congress. See Church Historian's Office, Journal, 1844-1849, June 5, 1853, CR 100/1, CHL. Apparently there was a formal election as the Deseret News reports that John Bernhisel on August 1, 1853 won "over all other candidates" although it appears there were no other candidates on the ballot. See "Result of the Election," Deseret News (Salt Lake City), August 25, 1853. 678 Brigham Young Discourse, June 19, 1853, box 2, folder 11, Church Historian's Office, Report of Speeches, CR 100/317, CHL. 679 241 then expressed his conviction that the federal government could do nothing to interfere with his Great Basin kingdom. "Inasmuch as we send brother Bernhisel back to Washington, I say to him, Fear not their faces, nor their power, for we are perfectly prepared to take all the nations of the earth on our back."680 Young would soon learn that the nation's leaders had tired of his bluster and were planning to strike back at his defiance of federal authority. "An Eternity of Cats" After spending the summer in Utah, Bernhisel returned to the East. He left Salt Lake City in early September and by October 8, 1853 had arrived in New York.681 By December he was back in Washington ready to serve his second term as the Delegate of Utah Territory.682 Much to Bernhisel's dismay however he discovered that President Pierce had appointed Perry Brocchus to serve as an Associate Justice of the Supreme Court of New Mexico Territory. The action seemed to vindicate the Judge who had long maintained that the Mormons were to blame for his departure from Utah Territory.683 Bernhisel also discovered that the nation's newspapers, including those that had once been sympathetic to the Mormons, were becoming increasingly hostile to the Latterday Saints. On January 13, 1854 Bernhisel wrote to Brigham Young reminding him of his Brigham Young Discourse, June 19, 1853, box 2, folder 11, Church Historian's Office, Report of Speeches, CR 100/317, CHL. 680 681 John Bernhisel to Brigham Young, October 12, 1853, box 60, folder 14, BYP. 682 John Bernhisel to Brigham Young, December 12, 1853, box 60, folder 14, BYP. 683 Senate Exec. Journal. 33rd Cong., 1st sess., February 2, 1854, 224. See also John Bernhisel to Brigham Young, February 13, 1853, box 60, folder 15, BYP. 242 discourse the previous summer in the Tabernacle. Instead of his usual genteel language however the doctor employed some of Young's sarcasm in explaining the consequences of his reckless rhetoric. "Another of the eternity of cats alluded to you in the course of some remarks which were made by you in the Tabernacle last summer, has been let out of the bag and is now leaping and skipping about, apparently with great delight, all over the Union." The doctor then explained that influential newspapers were "attempting to fix the massacre of Captain Gunnison and a portion of his party on the much abused and libeled people of Utah."684 John W. Gunnison had first come to the Great Basin in 1849 on behalf of the Army Corps of Topographical Engineers who were surveying the Great Salt Lake valley under the command of Captain Howard Stansbury.685 During the winter, Gunnison had written a book about his experiences with the Latter-day Saints that appeared in print in 1852. While Gunnison had claimed that he was an unbiased observer, his book provided a decidedly mixed view of the Mormons.686 Gunnison returned to Utah Territory in 1853 for another surveying expedition when local Indians killed him and several members of his party.687 684 John Bernhisel to Brigham Young, January 13, 1854, box 60, folder 15, BYP. 685 Howard Stansbury, Exploration and Survey of the Valley of the Great Salt Lake of Utah (Philadelphia: Lippincott, Grambo & co., 1852), 13-15. 686 John Gunnison, The Mormons (Philadelphia: Lippincott, Grambo & co., 1852), v-vi. "Indian Difficulties," Deseret News (Salt Lake City), November 12, 1853. Gunnison was exploring the possibility of a central route to the Pacific for a railroad. See "Central Route to the Pacific," Daily National Intelligencer (Washington, DC), November 7, 1853. 687 243 Apparently, the violent allusions that often peppered Brigham Young's sermons had now made almost anything possible in the minds of many newspaper editors. Bernhisel soon found himself having to respond to charges of Young's supposed involvement in the Gunnison Massacre. The Mormon leader saw no need to change his speaking style however. He insisted he did not care what people thought of him.688 Despite the negative consequences, he continued to produce an endless supply of controversies for Bernhisel to handle. He was soon providing the nation's newspapers with complete accounts of some of his more provocative discourses - including his caustic responses to Bernhisel in the Tabernacle on June 19, 1853. Bernhisel was shocked when the Deseret News of March 31, 1854 arrived in Washington containing Young's intemperate remarks of the previous summer.689 Soon newspapers around the country were reprinting Young's more controversial statements and editorializing about them. They were particularly concerned with the Mormon leader's claim that "I am and will be Governor and no power can hinder it." Many newspapers interpreted the statement as a threat to refuse to relinquish power to a new 688 John Bernhisel to Brigham Young, December 12, 1853, box 60, folder 15, BYP. Brigham Young felt that Gunnison's book was inaccurate in many respects, but insisted that it did not offend him. He also felt there was little use to putting out an official denial of the report from a newspaper like the Missouri Democrat. See Brigham Young to John Bernhisel, March 31, 1854, box 60, folder 5, BYP. For an explanation of causes of the massacre see Josiah F. Gibbs, "Gunnison Massacre - 1853 - Millard County, Utah - Indian Mareer's Version of the Tragedy - 1894," Utah Historical Quarterly 3 (July 1928): 70-75. Gibbs was a frontier newspaper editor who had interviewed one of the Pahvant Indians involved in the massacre some forty years after the event. "Remarks," Deseret News (Salt Lake City), March 16, 1854. The editorial introduction reads, "Remarks by President B. Young, after Elder John Bernhisel, delegate to Washington, had given a brief sketch of his doings there." (italics in the original) Bernhisel's remarks did not appear in the article however. 689 244 Presidential appointee.690 Newspapers also reprinted Young's comments about Zachary Taylor, Perry Brocchus, and how the Mormons conducted Utah elections - some of which Bernhisel had once tried to deny had ever occurred.691 Young's references to polygamy proved particularly troubling for the doctor. It only revived a controversy that stood in the way of achieving statehood and securing appropriations for Utah Territory. 692 With some exasperation, Bernhisel wrote to Young saying, "I would respectfully suggest that such matters as these which were evidently intended for the ears of the Saints only, had better not be published for they are calculated to injure us."693 The damage had already been done however. Bernhisel soon found that Congress and the President were striking back at the defiance of Mormon leaders. This became apparent when the new President began appointing new officials to Utah Territory. "Friendly Disposed to the People of Utah" Bernhisel learned that after more than two years of controversy, Washington was no longer willing to give the Latter-day Saints the benefit of the doubt. President Pierce 690 "The Mormon Governor," Milwaukee Daily Sentinel, May 18, 1854. "Utah," Daily Union (Pittsburg, PA), May 22, 1854. Compare with John Bernhisel to President Millard Fillmore, December 1, 1851, House Exec. Doc. 25 (32-1), 1852, Serial 640, 3-5. In addition, compare "Mormon Items," Democratic Union (Harrisburg, PA), May 31, 1854 with Brigham Young to Millard Fillmore, September 29, 1851, House Exec. Doc. 25 (32-1), 1852, Serial 640, 28. 691 692 John Bernhisel to Brigham Young, May 12, 1854, box 60, folder 15, BYP. Bernhisel reports that one Congressman, whom he did not name, told him that polygamy was standing in the way of statehood for the Mormons. Meanwhile, Thomas Benton, who was on friendly terms with Bernhisel, advised the doctor that he was against polygamy "for he thought that four legs between a pair of sheets at one time was enough." 693 John Bernhisel to Brigham Young, June 14, 1854, box 60, folder 16, BYP. 245 was intent on ridding the government of Utah Territory of Mormon influence and often kept the doctor in the dark concerning his plans. Bernhisel had to learn from the newspapers that Pierce had appointed Joseph Hollman, a non-Mormon from Lee County, Iowa, as U. S. District Attorney for Utah. Hollman would replace Seth Blair, a faithful Latter-day Saint, whose reappointment the Mormon leadership had requested.694 The Hollman appointment proved to be just the first disappointment for Bernhisel. Over the coming months, the President rejected almost all of the candidates that Bernhisel put forth. Instead, Pierce usually nominated non-Mormons who lived outside the territory. When the President nominated Latter-day Saints for territorial positions, they were typically persons that Young and the Apostles considered to be disloyal.695 Pierce's choice for Secretary of Utah Territory proved particularly galling for Mormon leaders. When Benjamin Ferris resigned as Secretary of Utah Territory in May 1853, Brigham Young wrote to Secretary of State William Marcy indicating his preference for Apostle Willard Richards as a replacement.696 In reply, Marcy notified Young that President Pierce had appointed Almon Babbitt instead.697 Not surprisingly, when Babbitt took office he quickly began battling with Mormon leaders - especially Brigham 694 Senate Exec. Journal. 33rd Cong., 1st sess. March 31, 1854, 273. See also John Bernhisel to Brigham Young, April 11, 1854, box 60, folder 15, BYP. 695 Campbell, Establishing Zion, 221. 696 Brigham Young to William L. Marcy, May 14, 1853, box 51, folder 4, BYP. 697 William L. Marcy to Brigham Young, July 13, 1853, box 51, folder 4, BYP. The Senate was not in session when Ferris resigned, so on June 30, 1853 the President had made Babbitt a recess appointment. When the Senate reconvened, Pierce nominated Babbitt for a full term. See Senate Exec. Journal. 33rd Cong., 1st sess. February 4, 1854, 230. 246 Young.698 The President next appointed George P. Stiles as Associate Justice of the Utah Supreme Court.699 Like Babbitt, Stiles was only nominally a Latter-day Saint. He had accepted the position largely because he had elderly parents living in Utah Territory who needed his support. While Stiles had once been a lawyer in the service of Joseph Smith, he felt Mormonism was a delusion and had little use for Brigham Young.700 While Stiles had at first enjoyed an amicable relationship with Mormon leaders, he soon ran afoul of Young over issues surrounding the jurisdiction of the probate courts. The President also named non-Mormon John F. Kinney of Lee County, Iowa as Chief Justice of Utah Territory. Kinney accepted the position at the urging of Iowa 698 Babbitt wasted little time in asserting his authority as Secretary of Utah Territory. Apostle George A. Smith wrote to fellow Apostle Franklin D. Richards, "A. H. Babbit, Secretary of State, is the functionary entrusted with the control of the Council House; we accordingly have been cast out of it, not into outer darkness, but into the room in the North end of the Tithing store house." See George A. Smith to Franklin D. Richards, November 30, 1854, box 1, folder 1, CHOLC. On another occasion, an open altercation broke out during a meeting of the Utah Legislature between Babbitt and Young that resulted in the Secretary losing his floor privileges in both Houses. See Stout, On the Mormon Frontier, December 11, 1855. For an example of Babbitt's attempt to undercut Bernhisel see Almon Babbitt to Brigham Young, January 9, 1853, box 22, folder 21, BYP. In this letter, Babbitt insists that Bernhisel had been an ineffective representative and offers to replace him. See also John Bernhisel to Brigham Young, April 12, 1854, box 60, folder 15, BYP. Apparently, Bernhisel was aware of Babbitt's attempts to undercut him. Nonetheless, the doctor describes Babbitt as someone with "grave faults" but insists that he did not harbor "unkind feelings" against him. See also Babbitt's biography in Grow et al., Council of Fifty, Minutes, 586. 699 700 Senate Exec. Journal. 33rd Cong., 1st sess. July 21, 1854, 361. In a letter of February 8, 1858 to U. S. Attorney General Jeremiah S. Black, Stiles states that he accepted the appointment at the urging of President Pierce because "at that time there were none who were anxious to receive appointment for that country, and it was quite difficult to fill up the Judiciary for that Territory." He also suggests his lack of faith in Mormonism. See George P. Stiles to Jeremiah S. Black, February 8, 1858, USDOJ. See also Stout, On the Mormon Frontier, September 21, 1854. 247 Senator A. C. Dodge.701 Kinney had the best relationship with the Latter-day Saints of all of Pierce's non-Mormon appointees. This was due in no small measure to his desire to start a business in Salt Lake City and his tendency therefore to avoid controversy. Mormon leaders soon came to regard Kinney as "friendly disposed to the people of Utah." They never discovered that the Judge was actually one of the most fiercely antiMormon of Pierce's appointees. Behind the scenes the Judge encouraged Washington to send the Army to Utah and to rid the territorial government of all Mormons starting with Brigham Young.702 The President filled out the judiciary with William Drummond of Illinois as an Associate Justice.703 Drummond was well acquainted with the Mormons and had in-laws living in Utah Territory who were Latter-day Saints.704 While Drummond initially had a friendly relationship with Mormon leaders, he soon ran afoul of Brigham Young thanks to his refusal to recognize the civil and criminal jurisdiction of the probate courts. Pierce made only two concessions to Bernhisel over the issue of territorial officers. First, he reappointed Joseph L. Heywood as U. S. Marshal.705 Heywood was a 701 John F. Kinney to Jeremiah S. Black, circa 1857, USDOJ. 702 Compare John F. Kinney to Jeremiah S. Black, circa 1857, USDOJ with Roberts, Comprehensive History of the Church of Jesus Christ of the Latter Day Saints, 4:195, 4:195n19. Apparently, Mormon leaders never discovered that Kinney was undermining their reputation in Washington. Long after Kinney's death, Mormon Church Historian B. H. Roberts described Kinney as someone who was "friendly disposed to the people of Utah." 703 Senate Exec. Journal. 33rd Cong., 2nd sess., January 10, 1855, 399. 704 John Bernhisel to Brigham Young, November 17, 1854, box 60, folder 17, BYP. Silas Richards, a Bishop in the Mormon Church, was William Drummond's brother in law. 705 Senate Exec. Journal. 33rd Cong., 2nd sess., February 8, 1855, 273. 248 faithful Latter-day Saint who had not caused controversy during his first term of service. The President made his second concession out of desperation when he found that he could not secure a suitable candidate to replace Brigham Young as governor. Pierce had tried to convince Colonel Edward J. Steptoe to accept the position, but he was not willing to resign his commission for a political appointment. Running out of options, Pierce proposed to Bernhisel "that he would not make another appointment unless compelled to by public clamor" - an incentive perhaps for Brigham Young to be more cooperative with Washington.706 Young saw no need for any compromises with President Pierce. He saw the hand of God in the circumstances of his remaining in office.707 His actions grew even more extreme when a severe drought struck the Great Basin. Young was soon blaming backsliding Mormons and the Gentile community in Utah for not cooperating with his efforts to relieve the resulting food shortage. He was particularly incensed when he discovered that some Latter-day Saints were cooperating with the federal courts in their battle with the probate courts. Young saw the drought as an opportunity reclaim the Great Basin as an enclave for faithful Latter-day Saints. It would not be long before he would go too far in his eagerness to rid Utah Territory of competing influences however. 706 Senate Exec. Journal. 33rd Cong., 2nd sess., December 13, 1854, 393. Colonel Steptoe had gone to Utah Territory seeking to capture the Indians responsible for the Gunnison Massacre. The President tried to persuade the Colonel to accept the post of Governor of Utah Territory, and the Senate had confirmed him, but Steptoe declined. See John Bernhisel to Brigham Young, December 18, 1855, box 60, folder 18, BYP. "Remarks," Deseret News (Salt Lake City), July 18, 1855. This speech also appears in Young, Journal of Discourses, 2:318-323. 707 249 "For a Wise Purpose" The year 1855 proved to be an economic disaster for the Latter-day Saints in the Great Basin. On June 19 of that year, settler Warren Foote wrote in his journal, "To look at things naturally, famine seems inevitable. The grasshoppers have eaten all the wheat in the country except a few secluded places, also the gardens are all destroyed. What the result will be the Lord only knows."708 Apostle George A. Smith provided an even bleaker assessment of the destruction. "The grasshoppers are still continuing their ravages throughout the Territory," the Apostle wrote. "Large crickets are also making their appearance, and the sound of locust is continually in the ears of husbandmen." Smith described the low levels of water, the destruction of the harvest, and the once productive farmland that now looked more like the surrounding desert. "This is rather a dark picture, but I regret to say it is not overdrawn."709 Newspapers throughout the country reported the disastrous conditions in the Great Basin. One newspaper blamed the Latter-day Saints for not learning how to deal with the crop-destroying insects as the Indians had done.710 Instead, they had depended on 708 Journal of Warren Foote, June 19, 1855, Leonard Arrington Collection LJAHA COL 1, series 12, box 46, USU. Compare with "The Crops and the Grasshoppers," Deseret News (Salt Lake City), May 23, 1855. This article describes the extent of the damage that the drought and the grasshoppers had caused. "From our Utah Correspondent," The Mormon (New York City, NY), September 1, 1855. 709 "A Prospect of Famine at Salt Lake," Daily National Intelligencer (Washington, DC), August 11, 1855. The article notes how the indigenous peoples had learned to control the attacks of grasshoppers and crickets in an advantageous way. "They make cakes of grasshoppers and crickets. They drive them into trenches with a hot fire at the bottom, where their wings and legs are burnt off, and they are roasted after the fashion of the locusts of Africa." Apparently, the Mormons had observed the practices of the Indians but had failed to adopt them. See Egan, Pioneering the West, 1846 to 1878 : Major Howard Egan's Diary, 230-233. See also David B. Madsen and Brigham D. Madsen, 710 250 miracles from Heaven as they had during the last major outbreak in 1848 when "the little white gulls which breed among the islands of the lake" had successfully destroyed the infestation. Now a spectacular number of the crop-destroying insects had suddenly appeared in the fields.711 The sheer size of the infestation was more than the gulls could destroy.712 Soon, the Mormons faced a serious shortage of food. The danger of a prolonged famine carried potentially disastrous consequences for the Latter-day Saints. Many newspapers in the East predicted that the Great Basin could not sustain the ever-growing Mormon population. "In seeking a hiding place and fortress for their faith they have seemingly made a mistake. Their agriculture can never flourish there, though their religion may," one newspaper wrote. The article predicted that the conditions in the Great Basin would soon put an end to Mormon settlements there - and the political headaches that went with them. "The immense distances of transport from "One Man's Meat Is Another Man's Poison: A Revisionist View of the Seagull ‘Miracle,'" Nevada Historical Quarterly 30 (1987): 165-181. "A Prospect of Famine at Salt Lake," Daily National Intelligencer (Washington, DC), August 11, 1855. See also John Smith, Charles C. Rich, and John Young to Brigham Young, June 9, 1848, box 42, folder 9, BYP. This letter describes the 1848 cricket infestation saying, "As to our crops, there has been a large amount of spring crops put in, and they were doing well till within a few days the crickets have done a considerable damage both to the wheat and corn which has discouraged some, but there is plenty left if we can save it for a few days. The seagulls have come in large flocks from the Lake and sweep the crickets as they go; it seems the hand of the Lord in our favor." 711 712 Scholars have observed the formation of migratory bands of Mormon Crickets over five miles long and several miles wide. They appear sporadically in arid climates although their behavior is poorly understood. See Gregory A. Sword, "Local Population Density and the Activation of Movement in Migratory Band-Forming Mormon Crickets," Animal Behavior 69 (2005): 437-444. Scholarly studies have established that natural predators are ineffective in destroying these insects when they travel in large bands. See Gregory A. Sword, Patrick D. Lorch, Darryl T. Gwynne, "Migratory Bands Give Crickets Protection," Nature 443 (February 27, 2005): 703. 251 California, Oregon, and Wisconsin preclude the idea of carrying food to the Mormons. It would be cheaper to move the Mormons to the food." The article concluded saying, "Sixty thousand Mormons in the Salt Lake Valley may experience hunger this winter. If they do and if their faith be not stronger than the love of life, Utah is doomed to a steady depopulation, and Mormonism is broken and lost."713 Unbeknownst to the newspaper editors of the East however Young and the Apostles saw the drought as blessing that would strengthen the Mormons and finally make them worthy to inhabit the American Zion they had come to the Great Basin to establish. Brigham Young wrote to Apostle Charles C. Rich saying, "Indeed we recognize the hand of the Lord in thus sending the insects to destroy our grain and believe it was for a wise purpose." Young compared the predicament of the Mormons to the story of a fox who had hidden in a bramble bush to escape the dogs who were pursuing him. "Although they tear my flesh yet they keep off the dogs," the fox had said. "So with us," Young concluded, "if it keeps off the dogs we shall be amply rewarded for any little inconvenience we have to endure."714 Young and the Apostles would soon be bitterly "A Plague of Grasshoppers," Daily National Intelligencer (Washington, DC), August 21, 1855. This article claims the plague besetting the Mormons might prove to be the solution to the Mormon conflict in Washington. "God's Providence is seemingly disposing of a political question already much debated throughout the Republic and threatening to be of distracting interest in the future. Statesmen will probably be saved the trouble of solving the difficulties growing upon the Mormon policy. The grasshoppers have them in charge." 713 714 Brigham Young to Charles C. Rich, September 28, 1855, box 2, volume 2, BYP. The letter also suggests that Young did not consider the conditions to be as bad as had been reported in the newspapers. "We thank you for your solicitude concerning our Welfare and suggestions in relation to providing us the Staff of life, but trust that we shall not be driven to that alternative so far as to have to import," Young writes. He then goes on to suggest that the Mormon leadership had exaggerated the seriousness of the famine. "Tis true the facts in the case were bad enough and the prospect dreary still we never seriously contemplated being dependent upon California, that impression however was permitted 252 disappointed when they discovered that many Latter-day Saints were not willing to follow their leaders' directives however. Using the food shortage to strengthen the faithful while ridding the community of Gentiles and apostates quickly became the twin themes of Mormon sermons during the crisis.715 Young was particularly anxious to use the famine to rekindle the spirit of unity and faith that had seen the Latter-day Saints through the dark days of their expulsion from Nauvoo and the harsh winter of 1846/47 at the Missouri River.716 He also saw it as a chance to reclaim their destiny as the literal continuation of the House of Israel.717 In addition, Young hoped the famine would purge those unworthy of living in the American to go abroad, for reason which you will readily discern when you reflect upon all the circumstances." Apostle George A. Smith wrote, "The prospects bid fair for the Saints to live by faith." He argued that the current crisis would pay spiritual dividends in the future. See "From our Utah Correspondent," The Mormon (New York City, NY), July 14, 1855. 715 716 In a discourse in the Tabernacle in Salt Lake City on May 27, 1855, Brigham Young responded to the destruction of the spring crop saying, "If the Lord is now disposed to learn us a lesson, and make us thereby wise men and wise women, and prudent in all our ways, all I have to say is, amen, it is all right." See "Remarks," Deseret News (Salt Lake City), June 6, 1855. An editorial in the Deseret News echoed Young's advice saying, "It is certainly to be expected that a saint will be enabled to discern and acknowledge the hand of the Lord in all things." See "Grasshoppers and Perseverance," Deseret News (Salt Lake City), May 30, 1855. (emphasis in original) "Remarks," Deseret News (Salt Lake City), June 6, 1855. In his discourse in the Tabernacle of May 27, 1855, Young drew on this theme in saying that the Latter-day Saints "have to be brought to the test, as much so were the children of Israel when the Egyptians were in their rear, when mountains were on either side, and the Red Sea was before them, with no human prospect for avoiding destruction, yet the Lord brought them salvation." Young went on to say, "If the people are anxious to learn the ways of the Lord, if they wish to see the hand of God made manifest, if they wish to have the visions and revelations of Jesus Christ given in profusion, perhaps the Lord is now using the means to bring them to that point where they will be obliged to seek Him for themselves." See also Turner, Brigham Young, Pioneer Prophet, 147-148. 717 253 Zion from the Great Basin.718 He clearly saw the famine as an important step in perfecting a community that would be caught up into Heaven at world's end. As the drought from crop-devouring insects continued however Latter-day Saint leaders began to suspect that competing influences in the Great Basin were to blame. They harshly criticized faith-destroying people such as Gentiles, federal officials, and Mormon backsliders.719 Bernhisel saw this transformation first-hand when he returned to the territory in the summer of 1855. Bernhisel arrived in the Great Basin on the evening of June 5, 1855. It was the seventh time he had crossed the plains.720 He soon saw the devastation that had visited the fields of the Mormons. Once again, Young invited the doctor to speak in the Tabernacle about conditions in Washington. Once again, Bernhisel referred to the poor image of the Mormons in Congress and the problems it had caused. After briefly explaining his efforts to secure statehood and federal appropriations, Bernhisel produced a list of the President's appointees to Utah Territory that consisted almost exclusively of non-Mormons. Once again, he asked the audience to avoid controversy with the federal officers. He then returned to his seat to await Young's response.721 718 Young, Journal of Discourses, 3:313-314. In this discourse of April 7, 1856, Apostle Parley P. Pratt touches on the theme of adversity and purging sinners from the community. 719 Stout, On the Mormon Frontier, February 25, 1855. Mormon settler Hosea Stout reports that Apostles Wilford Woodruff and Heber C. Kimball "preached giving the gentiles & Mormon Evil doers a rathar cool reception." Stout notes the "hard feelings" of the non-Mormons toward Mormon leaders because of this and other similar speeches. 720 Church Historian's Office, Journal, 1844-1849, June 5, 1855, CR 100/1, CHL. Minutes of June 17, 1855, box 3, folder 2 in Church Historian's Office, General Church Minutes, CR 100/318, CHL. 721 254 Surprisingly, unlike two years earlier, Young lavished praise on the doctor. He described Bernhisel as someone who "is so kind in his manner, so gentlemanly in his appearance, and so easy in his deportment, treating everybody with due courtesy and respect." Young confessed that he could never do the job that Bernhisel had done in Washington "for there is too much fight in me." Young also refrained from holding another impromptu election for Bernhisel saying that he would speak with the doctor first before sending him back to Congress.722 While Young had been more respectful of the doctor than during their confrontation two years' earlier, his hatred of the federal government and its officers had only grown more inveterate. Young devoted most of the rest of his remarks to characterizing the Mormons as a people at war with federal officials and outsiders in general. "The people abroad are at enmity with us; we expect this, they have been enemies ever since we were Saints, or professed to be. Are they opposed to us in consequence of the doctrine which has been alluded to by brother Bernhisel, I mean polygamy? No." In the Young's view, the Gentiles had an inherent hatred of the Latter-day Saints, and he was now prepared to cut ties with them. This was particularly true of federal officials who Young claimed were nothing but hypocrites who had condemned polygamy but saw nothing wrong with seducing Mormon women. He proclaimed that he would no longer tolerate them. Young stated emphatically "I will cut their damned infernal throats so help me God!" He then suggested that "if there is any Gentile or hickory Mormon here I want you to write it down & send to Washington to meet our Delegate there." Young "Remarks," Deseret News (Salt Lake City), July 18, 1855. This speech also appears in Young, Journal of Discourses, 2:318-323. 722 255 then turned to Bernhisel saying, "I am just so Dr., I can't help it."723 Once again, Young ordered his speech printed in the Deseret News - but this time with significant alterations. Possibly in deference to Bernhisel's sensibilities, the editor redacted some of Young's more violent comments.724 Nonetheless, a clear shift in the Mormon leader's rhetoric reveals Young's growing concern that outsiders were interfering with his ability to convince the Mormons to band together for both their physical survival and to create the kind of spiritual strength that would turn the American Zion into a living reality. "Coaxing Hell into our Midst" Shortly after returning to Congress for his third term in office, Bernhisel received a letter from Brigham Young indicating that economic conditions were continuing to deteriorate in the Great Basin. "The past year has been quite disastrous to us in many respects," Young wrote dolefully. An "exceedingly hard winter" had followed the drought of 1855 killing two-thirds of the cattle. Young wrote that the combination of circumstances "conspires to render our situation rather perplexing and difficult." The Minutes of June 17, 1855, box 3, folder 2 in Church Historian's Office, General Church Minutes, CR 100/318, CHL. See also "Remarks," Deseret News (Salt Lake City), July 18, 1855. See also Young, Journal of Discourses, 2:318-323. 723 Compare Minutes of June 17, 1855, box 3, folder 2 in Church Historian's Office, General Church Minutes, CR 100/318, CHL with "Remarks," Deseret News (Salt Lake City), July 18, 1855. The version of Young's speech printed in the Deseret News redacts many of his more violent statements. For example, the phrase "swear I will cut their damned infernal throats" in the minutes is rendered, "shall meet upon the spot the due reward of their crimes" in the published version of the speech. Other remarks such as his aside to Bernhisel do not appear in the published version at all. While such alterations can be attributed to tasteful editing and an attempt to create a polished final version of the discourse, there is also the possibility that Brigham Young was well aware that he often went too far in his extemporaneous remarks. 724 256 shortage of food had forced Young to call a halt to public works because he did not have enough food to feed the laborers. The Mormons were now concentrating on survival.725 By the spring of 1856 many Mormons were "destitute of bread and living principally on roots."726 Despite the hopes that prosperity would return, the summer of 1856 had only brought more austerity. "In short we are seeing another season in which it will require all our skill, faith, and efforts to secure enough food to sustain us until the summer of 1857," Young wrote to Apostle George A. Smith. "Many are so weak from lack of food that they are not able to perform much labor."727 The second year of the famine had a profound effect on Mormon relations with the emigrants passing through or wintering in the Great Basin. During times of plenty, outsiders had been a boon to the economy. They traded commercial goods and desperately needed hard currency for wheat, corn, vegetables, oats, and fresh animals. Now they represented competition for scarce resources. They also presented a challenge to Young's attempts to impose social, political, and economic control over the Latter-day Saints. 725 Brigham Young to John Bernhisel, February 29, 1856, box 2, volume 2, BYP. Young estimated that the cold winter had killed "two thirds of our entire stock." See Brigham Young to Charles C. Rich, April 3, 1856, box 2, volume 2, BYP. Apparently, the suspension of public works had as much to do with the "want of food for the hands," as money to buy materials. See Brigham Young to Franklin D. Richards, April 11, 1856, box 2, volume 2, BYP. See also Brigham Young to George A. Smith, June 30, 1856, box 2, volume 2, BYP. Young writes, "Still we trust that no one will starve, and but very few, if any, very materially suffer for the want of food, many are however destitute of bread and living principally on roots, but all get more or less bread although very scanty at times." Brigham Young to Charles C. Rich, April 29, 1856, box 2, volume 2, BYP. 726 727 Brigham Young to George A. Smith, June 30, 1856, box 2, volume 2, BYP. 257 During the dark days of exile on the banks of the Missouri River, Young had exercised virtually unchallenged power to force the Mormons to pool their resources to provide food, clothing, and housing equitably to give both the rich and the poor an equal chance to survive. The early days of the Mormon settlements in Salt Lake valley had been much the same. During the present crisis however something had changed. It seemed that the market economy and Washington power had insidiously made their way into the isolation of the Great Basin. Much to his horror, Young learned that many Mormons were selling their excess food to the Gentile emigrants rather than giving it to the tithing houses to feed the poor. In addition, some Mormons were beginning to cooperate with the federal court system. Finally, Young discovered that emigrants, soldiers, merchants, and federal officials were introducing competing social values into a society built on a unified belief system. To survive the famine while keeping Mormon culture intact would require strong measures. Ironically, the actions that Young and the Apostles would take would only invite more interference from outsiders - including the United States Army. In an angry sermon in the Tabernacle on September 14, 1856, Young suggested that much of the hunger in the community was the fault of those who refused to share with others. "There are men right here that lied like the devil last summer, they had wheat and flour, plenty, but lied; they sent their children round begging, and were selling flour all the time. This whole people will be corrupted if we do not lop off those rotten branches." Young then charged that the influence of some one thousand Gentiles who wintered each year in the Great Basin was causing too many Mormons to neglect the 258 poor.728 "Go to another family, have you got anything to give the poor? No, we have not; but to the Gentile Come here at 11 o'clock tonight and I will let you have fifty or a hundred pounds and the righteous have to suffer with the evil doer."729 Young enlisted the Apostles in his attempt to lessen the influence of outsiders. In a letter to Apostle John Taylor, Young charged that Gentile competition for scarce breadstuffs had worsened the crisis. "To tell you the truth, it is with great difficulty that things seem to grow, still you are aware that if anything is found in the country, and there should happen to be a poor nasty mean cussed Gentile here, there are those who will creep after him and supply his wants and let their brother starve."730 As the crisis continued, Mormon leaders increasingly focused their wrath on backsliding Latter-day Saints, the transient Gentile population, and especially the unwanted federal officials. In a particularly vitriolic letter to Bernhisel, Young brushed aside the doctor's assertions that the harsh rhetoric of Mormon leaders and their defiance of Washington authority were to blame for stalled negotiations to gain federal appropriations and to achieve statehood. Young was convinced that the federal government was sending judges, land surveyors, and Indian agents to challenge his authority and destroy Mormon society. Young suggested the doctor trace the actions of the government "from year to year, through all the departments" and that he would see "one uniform steady policy to 728 Arrington, Great Basin Kingdom, 70. Between 1850 and 1860 some 1,000 emigrants, most of whom were headed for California, wintered in the Great Basin. 729 Brigham Young discourse of September 14, 1856, box 3, folder 17, Church Historian's Office, Report of Speeches, CR 100/317, CHL. This sermon was not printed in the Deseret News or other Mormon publications. It contains several references to Mormons who are betraying their neighbors in a time of need. 730 See Brigham Young to John Taylor, June 30, 1856, box 2, volume 2, BYP. 259 thwart our purposes, hinder our progress and vex us." Young saw the office of Surveyor General for Utah as a prime example.731 Bernhisel had earlier informed Mormon leaders of the importance of sending applications to the newly appointed Surveyor General David Burr to secure their land titles under the Preemption Act of 1841.732 Young felt the whole process was illegal and insisted that the federal government should simply recognize the land allotments that Mormon leaders had established. Once again, Young charged it was all part of a conspiracy to "use us up and destroy us from the face of the earth." He made clear he would not allow such a conspiracy to continue.733 His attitude toward the Surveyor General's office soon led to violence. On August 4, 1856 two young men attacked one of the surveyors after dark "and gave him a most unmerciful Horse whipping."734 Apostle Wilford Woodruff blamed the surveyor for provoking the assault, insisting he had been verbally abusive of the Mormons.735 Meanwhile, Young felt that the surveyor "richly deserved it, and the only 731 Brigham Young to John Bernhisel, July 17, 1856, box 2, volume 2, BYP. 732 John Bernhisel to Brigham Young, April 17, 1856, box 2, volume 2, BYP. Conflicts over federal land policy had frequently caused controversy on the frontier. Settlers who had cleared the land, built roads, and create townships resented the need to later buy the land from the federal government. They often grew violent when land speculators arrived to bid against them. The Preemption Act of 1841 was intended to solve this problem giving existing settlers the exclusive right to purchase lands at the minimum price. See Rohrbough, Trans-Appalachian Frontier, 464. 733 Brigham Young to John Bernhisel, July 17, 1856, box 2, volume 2, BYP. 734 Stout, On the Mormon Frontier, August 4, 1856. Apparently, the two boys confessed and paid a fine for the severe beating. See also Brigham Young to John Bernhisel, August 30, 1856, box 3, volume 3, BYP. 735 Wilford Woodruff to George A. Smith, August 30, 1856, box 1, folder 1, CHOLC. Apostle Woodruff indicates that the surveyor in question, Joseph Troskieloskie had been 260 wonder is that he escaped so long." Young noted with satisfaction that the incident had prompted General Land Surveyor Burr and his men to make plans to abandon the territory. "We are all heartily glad he is going," Young exuded. He vowed for a continuation of Church supervised land allocations in defiance of federal policy.736 Meanwhile, relations between the Mormons and the federal judiciary were deteriorating precipitously. Like settlers in other territories, the Latter-day Saints felt that the principles of republicanism demanded that they have judges of their own choosing.737 Brigham Young was not willing to wait for Congress to change the law however. He took advantage of some ambiguous language in the Organic Act of Utah Territory and circumvented the power of the federal judges in favor of locally appointed probate judges.738 Young's singular interpretation of federal law soon led to legal sparring "damning the people and boys, and calling them in the streets anything he could think of." Woodruff indicates that the surveyor had called the two young men "God damned Mormon sons of Bitches" just before the attack. 736 Brigham Young to John Bernhisel, August 30, 1856, box 3, volume 3, BYP. Conflicts over land policy continued until Burr finally left fearing for his life. 737 John Bernhisel to Brigham Young, February 13, 1852, box 60, folder 12, BYP. Since 1852, Bernhisel had been working with the official delegates of Oregon, New Mexico, and Minnesota to get Congress to change the law to allow residents to elect their own judges. 738 United States Statutes at Large, An Act establishing a Territorial Government for Utah, September 9, 1850, IX, 453. Section 9 states that "the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and justices of the peace." Later in the section, the law states that the jurisdiction of the courts "shall be as limited by law." Since the statement does not specify whether this means federal law or territorial law, Mormon leaders seized on the second interpretation to claim original civil and legal jurisdiction over the hated federal judges. This gave virtually all judicial power to the locally appointed probate judges and left the Washington appointed judges with virtually nothing to do. See Pomeroy, The Territories and the United States, 58-59. The Mormons conceded that their interpretation was unorthodox but defended it 261 between the probate courts and the federal judges. At first the federal judges had the upper hand in the argument over civil and criminal jurisdiction. Judge Leonidas Shaver flatly refused to recognize the orders of the probate courts. In view of the fact that Colonel Steptoe and his soldiers were spending the winter in the area, Shaver was able to order the probate judges not to interfere with him.739 When the soldiers left Utah Territory however the federal judges had more difficulty maintaining their authority - something that Associate Justice William W. Drummond would soon discover.740 Judge Drummond had at first enjoyed an excellent relationship with the Latterday Saints. He had written a widely circulated letter that appeared in the newspapers of the East praising Mormon industry and friendliness. His letter had been so positive that one newspaper accused him of being too sympathetic to the Mormons and not telling the whole truth.741 Drummond's relationship with the Latter-day Saints soon took a drastic as being consistent with principles of republicanism. See Roberts, Comprehensive History of the Church of Jesus Christ of the Latter Day Saints, 4:190-197. Stout, On the Mormon Frontier, October 20, 1854. Steptoe's soldiers soon demonstrated their independence of local law enforcement. When police jailed one of the soldiers on charges of assault, a fight broke between local citizens and some of the soldiers who were attempting to free their comrade from jail. See Stout, On the Mormon Frontier, December 23, 1854. This resulted in a Christmas day riot between local citizens and the soldiers. The conflict came to an end when Colonel Steptoe confined his men to their quarters. See Stout, On the Mormon Frontier, December 25, 1854. 739 740 John F. Kinney to Caleb Cushing, March 1, 1855, USDOJ. Chief Justice John Kinney, who had business interests in Utah, tried to avoid conflict with the probate courts. He privately opposed them however and wrote confidential letters to Washington claiming that "Brigham Young and his deluded followers" were compromising the legal system. Kinney also complained that Young had decreed "that the authority of the Priesthood is and shall be the law of the land." "Judge Drummond's Letter," The Mormon (New York City, NY), October 27, 1855. Drummond has nothing but praise for the Mormons in this letter originally published in 741 262 turn for the worse however. On November 12, 1855 Drummond opened a session of the Second District Court and "took occasion to express his opinion of the Laws of Utah in relation to the power and Jurisdiction of the probate courts." Drummond made clear that the Legislature had acted illegally in conferring such sweeping powers upon the probate courts. He called for the indictment of anyone in these courts who exercised "civil or criminal jurisdiction."742 Needless to say, Drummond's once friendly relationship with the Mormons soon evaporated. On January 5, 1856 the local probate court ordered the arrest of Judge Drummond and his servant on charges of assaulting a man named Levi Abrams "with intent to kill."743 The controversy soon became a contest of wills between Mormon leaders and the federal judges over civil and criminal jurisdiction. Drummond appealed to the Supreme Count of Utah Territory for a writ of habeas corpus which soon led to a protracted hearing.744 On the third day of the proceedings, an armed Mormon force prevented the Chicago Daily Democrat. "They are the most industrious community I ever saw," Drummond states. "So far I have been most kindly and cordially treated by all citizens and inhabitants of this valley and territory." One newspaper complained that Drummond had been too effusive in his praise of the Mormons and was concealing "the errors against which the whole nation has cried out." See "Utah," North American and United States Gazette (Philadelphia, PA), October 24, 1855. 742 Stout, On the Mormon Frontier, November 12, 1855. 743 Stout, On the Mormon Frontier, January 5, 1856. 744 On January 7, 1856 Judge Drummond stepped down from the bench and applied to the other two Justices for the writ of habeas corpus. Chief Justice Kinney voted to grant the request immediately, but Associate Justice Stiles wanted to hold a hearing. See Stout, On the Mormon Frontier, January 7, 1856. On January 8, 1856, legal wrangling began in the case and continued well into the night. Stout notes that "The Excitement created by the said Writ of Habeus Corpus testing as it would the civil and criminal jurisdiction of the 263 Drummond from going to the courthouse. Chief Justice Kinney and Associate Justice Stiles ordered his release but the Mormons refused to obey it.745 The standoff ended when Drummond withdrew his motion for the writ of habeas corpus and the probate court dropped the criminal charges.746 While the Mormons felt they had won a great victory - their use of armed force against the federal judges would soon have disastrous consequences and push the Latter-day Saints to the brink of war with Washington. Young soon found that the judges were only one part of the problem however. Young discovered that some Mormons were cooperating with the federal courts - even though the Latter-day Saint leader had insisted that these courts were acting illegally. In a scorching discourse Young declared, "I would not give the ashes of a rye straw for the whole of you, jurymen, witnesses, and every other person who countenances such a place." He then informed the congregation that he had sent his clerk Thomas Bullock to take the names of such persons "who are coaxing hell into our midst, for I wish to send them to China, to the East Indies, or to where they cannot get back, at least for five years."747 probate Court, had to day attracted the entire attention of the community." See Stout, On the Mormon Frontier, January 8, 1856. 745 The official record of the judicial proceedings for January 9, 1856 reports the Probate Court's arrest of Drummond and states that the Supreme Court ordered the Bailiff to go and bring the Associate Justice to the courthouse. The record states that the Bailiff "soon returned into court and reported "that there were three against one" hence he was powerless to obey the order of the Court." The record also notes that Judge Drummond attempted to obey the order "but was prevented by the officer and his assistants having him in charge." The action forced the Supreme Court to adjourn. See United States et al., State Department Territorial Papers, Utah Series, 1853, January 9, 1856. 746 Stout, On the Mormon Frontier, January 9, 1856. 747 "Remarks," Deseret News (Salt Lake City), March 3, 1856. 264 With an increasing number of Mormons succumbing to Gentile influences, Young and the Apostles dispatched special missionaries to recommit each individual to their spiritual ideals. This campaign, which Mormon leaders soon dubbed "The Reformation," had a political and economic aspect to it as well. In a discourse of September 6, 1856, Apostle Heber C. Kimball declared, "We are up in the tops of the mountains, and our Governor is here" and that if the Mormons cached seven years' provisions "never can our enemies touch us if we do right." The Apostle then suggested it was time to "cut the thread" with the federal government and have the Mormons govern themselves.748 Kimball later carried the same message to Mormon lawmakers. On December 23, 1856 the Utah Legislature interrupted their deliberations to hear Apostle Kimball deliver a discourse connecting the ideals of the Reformation to the political calculus of the Mormons. "We will always be rode, as long as we will submit to it," Kimball declared. He then gave a fiery sermon insisting that the Mormons should no longer submit to the interference of outsiders.749 The other members of the Legislature spoke in like fashion. One lawmaker wrote that the spirit of the meeting "exceeded anything that I have seen in many a day. It was truly a Pentecost."750 Similar Reformation See "Discourse of Heber C. Kimball," September 6, 1856 in Young, Journal of Discourses, 5:220. For more information on the Mormon Reformation of 1856-1857 see Sessions, Mormon Thunder, 203-227. 748 749 James H. Martineau, Donald G. Godfrey, and Rebecca S. Martineau-McCarty, An Uncommon Common Pioneer: The Journals of James Henry Martineau, 1828-1918 (Provo, UT: Religious Studies Center, Brigham Young University, 2008), December 23, 1856. 750 Stout, On the Mormon Frontier, December 23, 1856. 265 activities continued for another week.751 It was under this increasingly radical influence that the Utah Legislature, under the direction of Brigham Young, created "A Memorial to Congress, praying that no more wicked men be sent here as officers, and expressing a firm determination on the subject." The manifesto strongly suggested that federal officers not to the liking of Mormon leaders would be driven from the Great Basin. One member of the Legislature called it "one of the most spirited remonstrances ever penned; it was produced by the inspiration of the Holy Spirit." He also remarked that the memorial was "almost another declaration of independence." Brigham Young agreed saying that the memorial had been written under the authority "of the Great Jehovah and the Continental Congress."752 Young would soon find however that he and the Utah Legislature had gone too far. The federal government would see the defiant memorial as nothing short of a declaration of war. Soon Washington would respond with military force. The resulting armed confrontation would threaten to answer Bernhisel's deepest fears that the Latterday Saints would once again be driven from their lands. See Paul H. Peterson, "The Mormon Reformation" (PhD Diss., Brigham Young University, 1980), 101-102. 751 752 Martineau, Godfrey, and Martineau-McCarty, Journals of James Martineau, January 5, 1857. In tribute to John Hancock, Martineau indicates he signed his name in particularly large letters. CHAPTER X "WHEN A THOUSAND YEARS HAVE SLEPT AWAY" Oh how careful men ought to be - in not stepping too far - for they might do something that would give them sorrow forever.753 --Samuel Pitchforth, May 31, 1857 On January 5, 1857 Brigham Young and the Utah Legislature wrangled over the wording of a fifteen-page document entitled "Resolutions and Memorial to the General Government, Concerning Certain Officers of the Territory of Utah." The purpose of this communication, that Apostle Daniel H. Wells had primarily composed, was to advise the incoming Administration of President James Buchanan that the Latter-day Saints were planning to turn away federal officials that the Mormons considered to be objectionable.754 However, the changes that members of the Utah Legislature made to the draft suggests that they were worried that they might be going too far with their assertion 753 May 31, 1857, Samuel Pitchforth Diary, MS 1739, CHL. "Resolutions and Memorial to the General Government, Concerning Certain Officers of the Territory of Utah," January 5, 1857, box 54, folder 7, BYP. This is the working draft of the document that Brigham Young sent to President James Buchanan. Daniel Wells, who had been ordained an Apostle and member of the First Presidency on this date, was responsible for creating the draft. The Legislature then met in a joint session to consider it. See Stout, On the Mormon Frontier, January 5, 1857. See also Brigham Young to George A. Smith, John Taylor, and John Bernhisel, January 3, 1857, box 3, folder 5, BYP. This letter explains the purpose of the document saying, "We have been imposed upon long enough by such consummate know nothing scamps as are annually imported to this Territory at the expense of Government." 754 267 of Mormon Nationalism at the expense of federal authority. While the document never flinched when it came to expressing contempt for the unwanted federal appointees, the many alterations to the original draft indicates that lawmakers wanted to avoid seeming too strident with their demands for a change to the way the President appointed officials to Utah Territory. Most of the changes that the members of the Utah Legislature made to the document sought to soften Mormon challenges to Washington's right to govern the territories.755 Accordingly, a statement declaring that the Mormons "will no longer submit to be thus maltreated" was changed to read "it is almost unendurable to submit to be thus maltreated." Likewise, a statement insisting that the President limit his appointees to an accompanying list or "some other citizens of this Territory" was changed to read "some other citizens of this Republic."756 Meanwhile, to a sentence declaring that the Mormons would only follow federal statutes "so far as they may be applicable to our condition," was added the phrase "in our Territorial capacity." Curiously, lawmakers also decided to strike a statement warning the federal government not to distress the Mormons "by locating in our midst an ungovernable and reckless soldiery."757 755 In the days preceding the writing of this document, the members of the Legislature had heard several fiery sermons from top Church leaders and had all been baptized again in the spirit of the Reformation. These activities had unquestionably fueled the defiant language of the document. See Martineau, Godfrey, and Martineau-McCarty, Journals of James Martineau, December 30, 1856, December 31, 1856, January 5, 1857. "Resolutions and Memorial to the General Government, Concerning Certain Officers of the Territory of Utah," January 5, 1857, box 54, folder 7, BYP. The revised document states that appointees from outside Utah Territory would be acceptable if they "endeavor to promote the interest of the Territory and become identified therewith." 756 "Resolutions and Memorial to the General Government, Concerning Certain Officers of the Territory of Utah," January 5, 1857, box 54, folder 7, BYP. 757 268 Despite the many revisions, the final version of the document still went too far in the minds of Congress and the President. It asserted the supremacy of local laws over federal laws and locally appointed officials over Washington appointed officials. It declared that the Mormons would send away any federal officers who attempted to "set at defiance our laws."758 It stated that the Latter-day Saints wanted to live in peace "and have ever done so, when let alone by our enemies." However, it also declared that any officials who the Mormons considered to be enemies "must and shall leave this Territory."759 As a result, Washington considered the document to be a declaration of war and responded accordingly.760 Bernhisel would soon face his greatest challenge as a negotiator and mediator for the Latter-day Saints. "Resolutions and Memorial to the General Government, Concerning Certain Officers of the Territory of Utah," January 5, 1857, box 54, folder 7, BYP. Even here there was some reluctance to challenge the federal government directly. The original draft asserted that the Mormons would reject unwanted federal officials "asking no odds of either men or government." In the final draft this sentence ends with "asking no odds of either men or bigots." 758 "Resolutions and Memorial to the General Government, Concerning Certain Officers of the Territory of Utah," January 5, 1857, box 54, folder 7, BYP. 759 The final document had a slightly different title. See "Memorial and Resolutions to the President of the United States Concerning Certain Officers of the Territory of Utah," undated, box 54, folder 7, BYP. The Mormon nominations for officers to the territory appears as a second document. See "Memorial to the President of the United States," undated, box 54, folder 7, BYP. It would not be until the arrival of the Utah Expedition that the first document would be published. See "Expedition Against Utah," Deseret News (Salt Lake City), October 7, 1857. Neither of these documents appeared in the newspapers of the East and the copy Bernhisel provided to the Buchanan Administration is not extant. See MacKinnon, At Sword's Point, Part 1, 67-68. 760 269 You Have Only Yourselves to Blame On March 9, 1857 Bernhisel held a meeting with newly sworn-in President James Buchanan. Buchanan had spent decades in Washington and understood the history of the Mormon relationship with the federal government. As a Senator in 1839, Buchanan had met with Joseph Smith to discuss the Missouri expulsion. As Secretary of State, he had become acquainted with the negotiations between the Latter-day Saints and the federal government to raise the Mormon Battalion. Bernhisel felt that Buchanan had a favorable opinion of the Mormons and was optimistic that he would act positively toward the Latter-day Saints.761 During his meeting with the new President, Bernhisel indicated that the Mormons were anxious to have Brigham Young remain as governor. Buchanan replied that sending the Mormon leader's name to the Senate "would raise a storm." Bernhisel suggested that Buchanan simply allow Young to remain in office - a tactic that President Pierce had successfully employed. Buchanan indicated that he would consider Bernhisel's ideas and asked the doctor to put his proposals into writing so that the members of the Cabinet could review them. Bernhisel did as requested and left the White House feeling that he had laid the groundwork for a positive relationship with the new President. The "Memorial and Resolutions" that Mormon leaders had so carefully worded would soon destroy all the doctor's work however. On March 18, 1857 Bernhisel received a letter from Brigham Young that the 761 John Bernhisel to Brigham Young, March 17, 1857, box 61, folder 1, BYP. See also "J. M. Bernhisel Account of Conversations with President James Buchanan," ca. June 1859, box 61, folder 3, BYP. Apparently Young and the Apostles were pleased with the election of James Buchanan saying "it would give us a short time of peace." See February 19, 1857, Samuel Pitchforth Diary, MS 1739, CHL. 270 Mormon leader apparently hoped President Buchanan would read as well. Young's letter began by saying that Mormon leaders were "anxious to terminate our Territorial form of Government on account of the appointing power of the President." Young then suggested that violence would follow the appointment of any officials that the Mormons found objectionable - as it was getting "exceedingly difficult to keep the people from meting out summary judgement upon them for their misdeeds." At the bottom of the letter Young wrote a note saying "show this letter to the President if you think best."762 In a postscript written on a separate piece of paper however Young provided instructions clearly not intended for the President's eyes. In the postscript, the Mormon leader directed that the enclosed "Memorial and Resolutions" be delivered directly to Buchanan. He stated that if the President did not act in accordance with "the spirit and meaning" of the document's demands Bernhisel should publish them in area newspapers - "for rest assured that we are determined to carry them out." Young then stated that Mormon leaders would turn away any unapproved federal appointees saying, "We have seriously resolved to send them back as fast as they come let the consequences be what they may." In the past, Young had given Bernhisel the power to exercise his own discretion in deciding whether or not to deliver such fiery missives to the White House. In this case however it appears the Mormon leader was determined to see the documents reached the President. Young not only sent the documents to Bernhisel but to Apostles George A. Smith and John Taylor as well.763 This 762 Brigham Young to George A. Smith, John Taylor, and John Bernhisel, January 3, 1857, box 3, folder 5, BYP. 763 Brigham Young to George A. Smith, John Taylor, and John Bernhisel, January 3, 1857, box 3, folder 5, BYP. Young also included copies of intercepted letters that federal officials David Burr and Garland Hurt had addressed to "their friends and respective 271 left the doctor with little alternative but to do as Young had directed even though he undoubtedly knew the explosion they would cause. Bernhisel delivered the "Memorial and Resolutions" to the White House along with a second document containing the names of several Latter-day Saints that Mormon leaders wanted appointed to territorial offices. Buchanan requested that the doctor first give the documents to Secretary of the Interior Jacob Thompson for his review.764 Bernhisel did as the President asked and then returned the next morning only to discover that Thompson considered the documents to be "a declaration of war." The Secretary told Bernhisel that if the Mormons got into trouble with the federal government that they would have only themselves to blame. "The memorial tells us that we must appoint these men, and if we do not, and appoint others that you will drive them out of the Territory."765 Thompson then asked Bernhisel about rumors that the Mormons intended "to set up an independent government." Bernhisel denied the reports and then produced a petition that both Colonel Edward Steptoe and Chief Justice John Kinney had signed some two and half years earlier attesting to the loyalty of Mormon leaders.766 Bernhisel's departments." While Young wanted the source of the letters disguised, he felt Bernhisel could use them to make the case that the federal officials only wished to sow discord between Washington and the Mormons. 764 John Bernhisel to Brigham Young, March 18, 1857, box 61, folder 1, BYP. 765 John Bernhisel to Brigham Young, April 2, 1857, box 61, folder 1, BYP. John Bernhisel to Brigham Young, April 2, 1857, box 61, folder 1, BYP. See also "To His Excellency Franklin Pierce," December 30, 1854, box 1, folder 1, CHOLC. Both Mormons and non-Mormons signed this petition urging the President to retain Brigham Young as governor. Apparently, Apostles George A. Smith was behind the petition. See George A. Smith to John Bernhisel, December 22, 1854, box 1, folder 1, CHOLC. 766 272 attempt to employ Steptoe and Kinney as character witnesses soon backfired however. Unbeknownst to the doctor, both men had repudiated their earlier statements about the Latter-day Saints and had written confidential letters to Washington accusing the Mormons of rebellion against federal authority.767 Indeed, the Utah Legislature's defiant communication could scarcely have been more poorly timed. At the same time that the doctor was delivering the "Memorial and Resolutions" to the White House, several letters from officials assigned to Utah Territory were arriving in Washington sounding the alarm about a Mormon rebellion in the West. One of these communications included a particularly angry letter from Associate Justice William Drummond that contained tales of murder and insurrection in Utah. Drummond's accusations proved to be a mixture of fact and wild speculation. He charged Young with the murders of Almon Babbitt and John Gunnison but offered little proof.768 Drummond's poor reputation was already known in Washington and his charges would probably not have carried as much weight except for the fact that another alarming letter from John Kinney arrived at the same time.769 It proved to be particularly damaging - not 767 Turner, Brigham Young, Pioneer Prophet, 245. See also John F. Kinney to Caleb Cushing, April 2, 1855, USDOJ. "Dreadful State of Affairs in Utah," New York Herald, March 20, 1857. Drummond probably addressed this letter to Attorney General Jeremiah S. Black but it does not appear among his official papers. See MacKinnon, At Sword's Point, Part 1, 103n6. While the supposed murder of Captain John Gunnison had been discredited two years earlier, the supposed murder of Almon Babbitt was a more recent charge. See "Murder of Col. A. W. Babbitt, Secretary of Utah Territory," Lancaster Intelligencer (Lancaster, PA), November 18, 1856. While Babbitt was most likely the victim of an Indian attack, Drummond and others quickly seized on his death as proof that Brigham Young was willing to kill those who opposed him. 768 769 John F. Kinney to Jeremiah S. Black, March 20, 1857, USDOJ. This letter proved to be a two-edged sword for the Mormons. One the one hand Chief Justice John F. Kinney condemns Drummond's moral habits saying that they made him "entirely unworthy of a 273 only because of its contents but because of the credibility that Bernhisel had conferred upon the Chief Justice just days earlier. In his letter Judge Kinney insisted that Young's frequent allusions to violence were more than just talk. He claimed that the Mormon leader had attempted to incite the Indians to kill General Land Surveyor David Burr as well as Indian agent Garland Hurt. Kinney also asserted that "Young and his corrupt associates" had made many hostile statements toward the Gentiles - especially the Gentile judges.770 Thanks to Young's habit of printing some of his more vitriolic discourses in the Deseret News, the Judge was able to cite published articles that promoted a policy of noncooperation with the federal courts.771 After making several other charges, Kinney concluded his letter with the statement that in Utah Territory "there is little or no security for life, liberty, or property place on the bench," but the rest of the letter supports many of Drummond's accusations against the Mormons. 770 John F. Kinney to Jeremiah S. Black, March 20, 1857, USDOJ. Mormon settler Hosea Stout also reports that Mormon Apostles Woodruff and Kimball had made hostile statements against the Gentiles in a meeting of February 25, 1855. He notes the hard feelings "with the gentile part of our community towards the authorities of the church because they have come out boldly and proclaimed against their inequity." See Stout, On the Mormon Frontier, February 25, 1855. 771 John F. Kinney to Jeremiah S. Black, circa March 20, 1857, USDOJ. Kinney quoted from Young's discourse of February 24, 1856 in which the Mormon leader denounced the federal district courts and any Mormons who cooperated with them. See "Remarks," Deseret News (Salt Lake City), March 5, 1856. He also points to an editorial published on February 27, 1856 encouraging Mormons to refuse to honor any summons of the federal courts. See "Law and the Courts," Deseret News (Salt Lake City), February 27, 1856. Apparently, Young's patience with the federal government had been exhausted by this period. See Martineau, Godfrey, and Martineau-McCarty, Journals of James Martineau, 57-59. This is an account of Young's remarks to the Utah Legislature that contained pointed attacks on the federal government. 274 among the so called gentiles and complaining Mormons." He recommended the appointment of new non-Mormon officials and the stationing of U. S. troops in Utah Territory.772 The charges of other federal officials began to arrive as well that added to the narrative of a Mormon rebellion in the West.773 Even Judge Drummond's overwrought letters gained credibility when juxtaposed against the ill-conceived missive of the Utah Legislature and Kinney's carefully crafted confidential letters. The onslaught of alarming revelations about the Mormons in the Great Basin had an immediate impact. Within days, the Buchanan Administration was making plans to send a complete set of non-Mormon federal officials to Utah Territory with a military force to back them up.774 The operation was undertaken in haste however and was poorly planned. Soon the Buchanan Administration was making a string of miscalculations that would assure that the Army for Utah would encounter armed resistance from the Latterday Saints. Buchanan acted unilaterally and made no effort to consult Congress. He also resisted sending an investigating committee to Utah Territory. In addition, he consistently 772 John F. Kinney to Jeremiah S. Black, March 20, 1857, USDOJ. 773 There is little doubt that some Mormons sought to intimate federal officials. On October 12, 1855, Almon Babbitt reported that someone had broken into his office and removed official papers. See Stout, On the Mormon Frontier, October 12, 1855. Later, on December 30, 1856, after Brigham Young gave a particularly incendiary speech to the Utah Legislature, some men broke into office of Judge George P. Stiles and stole his law books and other papers. See Stout, On the Mormon Frontier, December 30, 1856. Local Mormons led Stiles to believe the men had burned the items although they were apparently preserved. See Stout, On the Mormon Frontier, 613n82. See "Dreadful State of Affairs in Utah," New York Herald, March 20, 1857. The author of this article states, "The administration have had the matter under serious consideration, and will soon appoint a Governor, I understand who will take sufficient military force into the Territory to carry out the laws to the fullest extent." 774 275 ignored the advice of the military that it was too late in the season for a military expedition to travel to the Great Basin and discounted the possibility of Mormon resistance.775 Finally, Buchanan's clumsy attempt to keep the military operation a secret from the Mormons would have disastrous repercussions. Even though Bernhisel was still in Washington, Buchanan kept the doctor in the dark about his plans. Such a course of action was sure to raise suspicions among Mormon leaders about the government's true intentions. Meanwhile, members of the Buchanan Administration kept the local newspapers supplied with stories of Mormon outrage. Soon descriptions of the Utah Legislature's "Memorial and Resolutions" were making their way into the press, inflaming public opinion.776 Bernhisel tried his best to contain the damage, but he faced a daunting task. Bernhisel discovered that years of Young's defiance and bellicose language were making it almost impossible to stem the tide of public outcry. As he had done many times before, the doctor sent a statement to area newspapers insisting that the charges circulating in Washington were the work of Mormon enemies and therefore were not credible.777 In the past, Bernhisel's reputation as a Gentleman of respectability had commanded the attention of newspaper editors. Now, many were skeptical of Bernhisel's Richard D. Poll and William P. Mackinnon, "Causes of the Utah War Reconsidered," Journal of Mormon History 20 (Fall 1994): 14-44. 775 "Most Important from Utah!," Washington Evening Star (Washington, DC), March 21, 1857. This report indicates that Mormon leaders had "demanded the appointment of one of two schedules of federal officers, both headed by Brigham for Governor, with the avowal of the purpose of driving any other out of the Territory by force of arms. The truth is, the Mormons are already practically in state of rebellion." 776 777 "Washington Matters," Boston Daily Advertiser, March 24, 1857. 276 familiar denials. "The Doctor usually has something to say of this kind whenever any authentic news of outrageous doings in the Mormon regions reach us," one newspaper wrote. The article then noted that Bernhisel "is always elected unanimously and therefore is but the appointee of Brigham Young. He is part and parcel of the very conspiracy whose nefarious designs he endeavors to cover up."778 Bernhisel was not the only defender of Mormon interests who had lost influence in Washington. Brigham Young's indefatigable ally Thomas Kane had written to both President Buchanan and Attorney General Jeremiah Black attempting to discredit the public charges of William Drummond. Kane did not receive a reply to his correspondence however. Instead, a stinging letter signed "Verastus" appeared on the front page of the New York Times of May 26, 1857. It was a letter that William Drummond had almost certainly penned - possibly because of Kane's attempt to portray the Judge as an adulterer and a person of low character to the Administration.779 The New York Times letter portrayed Kane as naïve, ill-informed, and clearly out of his depth when it came to counseling the President. The letter writer, who apparently had access to Kane's correspondence with the White House, noted that the Colonel had never been to Utah Territory and therefore could not know anything about the conditions there. The letter attacked Kane for thinking that his "word is worth more than all the "Dr. Bernhisel has been Stirred up by the News from Utah," North American and United States Gazette (Philadelphia, PA), March 27, 1857. 778 779 Apparently, Drummond had access to letters that Thomas Kane had written to government leaders describing the Judge as an adulterer and a person of low character. These attacks only made Drummond more determined to see that the federal government stationed troops in Utah Territory. See MacKinnon, At Sword's Point, Part 1, 116-120. See also Grow, Liberty to the Downtrodden, 156-157. 277 evidence of all the witnesses who bear incontestable evidence of the Treason and highhanded rebellion now existing in Utah." Seeing that he had enemies within the Administration, Kane curtailed his efforts to advise the President.780 This left a clear path for Judge Drummond and others to advocate for military intervention in Utah Territory. Bernhisel now had few options left in his efforts to head off an armed confrontation between the Latter-day Saints and Washington. It seemed that Brigham Young and the Mormons had become their own worst enemies. They had grown too accustomed to Washington threatening a crackdown but never following through with military force. Even after returning to Utah Territory, Bernhisel found it difficult to convince Young and the Apostles that a terrible storm was about to break over the American Zion the Latter-day Saints had labored to erect in the Great Basin. The Government's True Intentions With Congress now adjourned, Bernhisel left for Salt Lake City as he had previously planned.781 He travelled first to Independence, Missouri - the great jumping off place for points west. Where once he had enjoyed anonymity in the city, the turmoil enveloping the Latter-day Saints had now brought him notoriety. Newspaper reporters had learned to recognize him and wrote about the incongruity of such a distinguished looking Gentleman being in league with the exotic and rebellious Mormons. After remaining in Independence for a few days, Bernhisel stored the formal attire that he wore 780 "Col. Thomas L. Kane on Mormonism," New York Times, May 26, 1857. 781 John Bernhisel to Brigham Young, December 1, 1856, box 60, folder 20, BYP. 278 in Washington for clothing more suited to crossing the plains.782 On May 1, 1857, he boarded the mail coach and reached Salt Lake City on May 29, 1857.783 Shortly after his arrival, Bernhisel met with Brigham Young about the federal government's angry response to the Utah Legislature's missive. Once again, the Mormon leader seemed unconcerned with Washington's threats. Young was convinced that the federal government would not challenge him in his Great Basin fortress. This became clear as the Mormon leader and the doctor once again traded contrasting observations about Congress and the President in dueling discourses in the Bowery. On June 21, 1857 Bernhisel gave his now familiar biannual report on conditions in Washington. The doctor did not have to spend much time informing the audience of the boiling anger of the nation against the Mormons however. The previous week, Young had called a special meeting in the Bowery where his clerks had spent some four hours reading the highlights of the recent attacks leveled against Mormon leaders in the nation's newspapers. Nonetheless, Bernhisel felt it important to report on the increasingly punitive actions Congress was contemplating against the Latter-day Saints. The doctor was particularly concerned with Vermont Congressman Justin Morrill's attempt to outlaw polygamy. The doctor felt that the legislation Morrill proposed posed a serious risk to the Mormons.784 Not surprisingly, Young had a very different point of view from the one the doctor had expressed about the actions of Congress and the President however. 782 "Hon. Bernhisel," Liberty Weekly Tribune (Liberty, MO), May 15, 1857. 783 Church Historian's Office, Journal, 1844-1849, May 29, 1857, CR 100/1, CHL. Woodruff, Wilford Woodruff's Journal, 1833-1898, June 21, 1857. See also Brigham Young Discourse, June 21, 1857, box 3, folder 23, Church Historian's Office, Report of Speeches, CR 100/317, CHL. 784 279 "Much has been told to us by Bro. Bernhisel," Young began, "but let us remember that when a thousand years have slept away, if you and I take a course to continue to learn, we can look back to this day and see that we know but little with regard to the world we live in." The Mormon leader then proceeded to express his conviction that the Constitution was in perfect harmony with Mormon customs and practices. He even suggested that the hand of God had worked to assure that the Constitution would facilitate the work of spreading Mormonism. Young then dismissed Morrill's antipolygamy legislation assuring the audience that its sponsor did not know the first thing about the Constitution. Young also promised that he would employ violence if necessary to resist the enforcement of any federal laws that he considered to be unconstitutional.785 Brigham Young noted that "in the midst of the mob in Nauvoo," he had always carried a concealed weapon for use against those who sought to arrest him. "I swore by the eternal Gods that any man who came to me and presumed to serve a writ on me, I would send him to hell across lots. So help me God I have not yet taken back that oath." Many members of the audience cheered the Mormon leader's defiance. "Do you suppose I would submit to it? No, so help me God. I would send them to hell as fast as they would come to me," Young declared. Once again, the audience roared their approval with some Brigham Young Discourse, June 21, 1857, box 3, folder 23, Church Historian's Office, Report of Speeches, CR 100/317, CHL. This speech was never published but there are redactions in the handwriting of Albert Carrington who edited the Deseret News. The original document is in the handwriting of George D. Watt, a clerk in the employ of Brigham Young who frequently produced printed versions of the Mormon leader's extemporaneous speeches. I have followed Watt's original notes in all quotations. 785 280 individuals shouting "and we would help you."786 Young then warmed to the central theme of his discourse. Young declared that the Latter-day Saints had arrived at the perfect place and time to make their stand against the outside world and establish an American Zion that would survive the calamities that would soon confront the nations of the Earth. He noted that during the waning days of Nauvoo some Mormon leaders had wanted to go to Texas, California, or some other location more hospitable than the Rocky Mountains. Young insisted that if he had listened to them, the Mormons would have been scattered to the four winds by now. He then praised the decision to move to the Great Basin saying, "I want to ask you where is another place on the earth where the Saints can reign and rule and have dominion over foul spirits and wicked men but in the midst of these mountains?" It was a place where God had thrown up natural fortifications that would protect the Mormons from their enemies. It was a harsh land with unyielding soil that would encourage competing cultures to settle elsewhere. It was a land where the Mormons could cut every thread to the outside world. Most importantly, it was a place "where we may govern and control to our own liking."787 Young continued his thoughts later in the day during a prayer meeting with the Apostles. He expressed his conviction that the United States did not have sufficient resources to impose a military presence on the Mormons. "I do not think they will do it, but if they do you may tell them they had better send 100,000 men with provisions for 5 Brigham Young Discourse, June 21, 1857, box 3, folder 23, Church Historian's Office, Report of Speeches, CR 100/317, CHL. 786 Brigham Young Discourse, June 21, 1857, box 3, folder 23, Church Historian's Office, Report of Speeches, CR 100/317, CHL. 787 281 years," the Mormon leader declared.788 Young was convinced that his threat of a scorched earth policy would discourage the federal government from sending a military force to interfere with his reign. Young would discover that his self-assurance had been misplaced however. He would soon have to test his theory of the Great Basin's impregnability. On July 24, 1857 during the celebration of the tenth anniversary of the entrance of Mormon settlers into the Salt Lake valley, news arrived that a large military force was approaching from the East.789 Young and the Apostles held a council to consider the reports. They soon learned that the U. S. forces numbered some twenty-five hundred soldiers. They also learned that the mail contract that Young had recently negotiated with the federal government had been abruptly cancelled - effectively stopping the delivery of the mail. While these developments were causes for concern, the most disturbing news was the identity of the man leading the approaching Army. When Mormon leaders learned that the commander of the military forces was General William S. Harney, they were outraged beyond measure. Bernhisel was well acquainted with General Harney. While heading back to Washington from Utah Territory on September 13, 1855, the doctor had to stop for several days at Fort Laramie because of Indian disturbances. He wrote to Brigham Young saying, "On the morning of the 2nd instant, the United States troops under General Harney attacked a band of the Sioux." Word soon arrived that Harney had indiscriminately killed 788 Woodruff, Wilford Woodruff's Journal, 1833-1898, June 21, 1857. 789 Turner, Brigham Young, Pioneer Prophet, 269-271. 282 "about thirty-five women and children."790 Harney had then massacred a large number of Indians at the village of Ash Hallow. Bernhisel wrote to Young that Harney had put in his official report that over two hundred Indians were killed but "a person who was in the bloody conflict says 400." Bernhisel then noted "There were no warriors taken prisoner, all those of them who were wounded were put to the sword."791 Soon Harney's controversial actions at Ash Hollow became a national controversy.792 In light of Harney's bloody reputation, Young and the Apostles felt that their lives were in danger.793 They felt that the appointment of the notorious General signaled the government's true intentions. It did not take long before Mormon leaders made a fateful decision. Young and the Apostles resolved that if Harney crossed the South Pass and entered Utah Territory that the buzzards "should pick his bones."794 Almost immediately, Mormon communities all over Utah territory were preparing for war. 790 John Bernhisel to Brigham Young, September 14, 1855, box 60, folder 18, BYP. 791 John Bernhisel to Brigham Young, September 15, 1855, box 60, folder 18, BYP. Bernhisel's report of the Ash Hollow Massacre appears in a postscript dated September 21, 1855. "The Sioux War," New York Times, November 1, 1855. See also Brigham Young to Amasa Lyman & C. C. Rich, October 30, 1855, box 2, volume 2, BYP. 792 793 Brigham Young to George Q. Cannon, August 4, 1857, box 3, volume 3, BYP. Young claims Harney is coming to kill him and other Mormon leaders. He also refers to Harney as "that saintly Squaw killer" and states that the incoming federal officials were "all from the ranks of our most bitter enemies." 794 Brigham Young recounted his reaction to news of Harney leading troops to Utah Territory saying, "If General Harney came here, I should then know the intention of [the] gover[n]ment; And it was carried unanimously that if Harney cross the South Pass the buz[z]ards Should pick his bones." See Brigham Young and Everett L. Cooley, Diary of Brigham Young, 1857 (Salt Lake City, UT: Tanner Trust Fund, University of Utah Library, 1980), July 24, 1857. (emphasis in the original) 283 "Lift the Sword and Slay Them" Shortly after receiving news of the approaching Army, Young began making preparations to declare martial law and to use the Utah Territorial Militia, known as the Nauvoo Legion, to keep General Harney and his forces out of Utah Territory. Young had first come to an understanding of the powers granted under martial law four years earlier during a conflict with the Ute Indians known as the 1853-54 Walker War.795 On August 20, 1853 Young, John Bernhisel, Nauvoo Legion Commander Daniel Wells, and others met with non-Mormon federal Judges Lazarus Reid and Leonidas Shaver to discuss how Utah Territory might operate under military rule. The group learned that the Governor could declare martial law in cases of "imminent peril and danger." They also discovered that "the proclamation of martial law leaves the military with the law" and that "whomever refuses to obey is liable to fine and punishment." The group also learned that martial law allowed the military to control the movement of all persons within the territory. Significantly, Young and the others discovered that under martial law "private property is held subservient to public purposes."796 Brigham Young would soon put this understanding of martial law to work in confronting the U. S. Army. At the beginning of August 1857 Young wrote to Mormon leaders characterizing 795 The growing Mormon population led to increasing competition for control of land and natural resources sparking the Walker War. "Walker" was the anglicized name of Ute Indian Chief Wákara. See Rogers, Unpopular Sovereignty, 107-108. "Minutes of Meeting in the Governors Private Office," August 20, 1853, box 2, folder 46, Church Historian's Office, General Church Minutes, CR 100/318, CHL. Brigham Young had created a draft of the Proclamation of Martial Law but never issued it. It contained a section ordering everyone in the Territory of Utah to furnish "necessary supplies" for the war effort. See "Proclamation of the Governor," August 19, 1853, box 53, folder 5, BYP. 796 284 the approaching military forces as part of a "long sought-for plan" in Washington to kill Mormon leaders and destroy Mormonism.797 Young also warned that the troops accompanying the new federal officials were just the beginning of the invasion. The Mormon leader told his subordinates to prepare for a coordinated attack with forces converging on Utah Territory from several directions. He then sent militia soldiers in search of the Army.798 He also issued orders to try to make allies of the Indians in the battle against the U. S. soldiers.799 On August 1, 1857 Daniel Wells sent letters to military commanders throughout Utah. He ordered them to treat the U. S. Army soldiers as enemies. "In such times when anarchy takes place or orderly government and mobocratic tyranny usurp the power to rule; they are left to their inalienable right to defend themselves," the letter declared. Wells then ordered Mormon military leaders to "hold your command in readiness to 797 Brigham Young to George Q. Cannon, August 4, 1857, box 3, volume 3, BYP. See also Brigham Young to Jacob Hamblin, August 4, 1857, box 3, volume 3, BYP. "General Harney it is supposed will command the expedition. There errand is entirely peaceful. The current report is that they somewhat query whether they will hang me with or without a trial." MacKinnon, At Sword's Point, Part 1, 230-234, 20-251. See also Brigham Young to Nathaniel Jones, August 4, 1857, box 3, volume 3, BYP. Young directs Jones to discover if U. S. troops under the command of Colonel Edwin Sumner are heading for Utah Territory. 798 799 In a letter to Jacob Hamblin, who led a mission to Native Americans in southern Utah, the Mormon leader emphasized that the Indians must learn "that they have either got to help us, or the United States will kill us both." See Brigham Young to Jacob Hamblin, August 4, 1857, box 3, volume 3, BYP. A letter from militia headquarters to all area commanders echoed the same sentiments saying, "Instruct the Indians that our enemies are also their enemies." The letter suggested that local Mormon leaders offer an alliance of mutual protection. "They must be our friends and stick to us, for if our enemies kill us off, they will surely be cut off by the same parties." See Lieut. General to General Aaron Johnson, August 13, 1857, box 1, Nauvoo Legion (Utah) records, 1851-1870, MS 1370, CHL. 285 march at the shortest notice to any part of the Territory."800 It did not take long before various elements of the territorial militia were pressed into service to confront the enemy - only to find that they were chasing phantoms. Thanks to the dearth of solid information about the Army's plans, rumors began to drive the actions of Young and the Apostles. "It is reported that an armed force is coming from Oregon to invade this Territory from the North simultaneously with those coming from the East," a letter of August 12, 1857 from Nauvoo Legion Headquarters declared. Wells then proceeded to exercise powers granted under martial law to close the borders to the U. S. Army. He authorized militia commanders to stampede the animals of the soldiers, burn their supplies, and "lay waste the country before them" to halt their advance. They would continue such operations "until they are all utterly destroyed and wasted away." The U. S. Army "must not be permitted to come into this Territory," Wells declared.801 The rumors of an Oregon invasion force proved to be untrue. The belief that invaders could appear at any moment at other entrances to Utah Territory persisted 800 Daniels Wells to Colonel W. H. Dame, Parowan; Major L. W. McCullough, Fillmore; Major C. W. Bradley, Nephi; Major Warren S. Snow, Sanpete; General Aaron Johnson, Peteetneet; Colonel William B. Pace, Provo; Major Samuel Smith, Box Elder; Colonel C. W. West, Weber; Colonel P. C. Merrill, Davis; Major David Evans, Lehi; Major Allen Weeks, Cedar; Major John Rowberry, Tooele, August 1, 1857, box 1, Nauvoo Legion (Utah) records, 1851-1870, MS 1370, CHL. 801 Lieut. General to Major Samuel Smith, August 12, 1857, box 1, Nauvoo Legion (Utah) records, 1851-1870, MS 1370, CHL. 286 however.802 Soon militia units in the southern settlements were pursuing phantom U. S. forces that were supposedly invading from Texas. The rumors led Mormon leaders to make plans to prepare for a large-scale military invasion - if not in the fall of 1857 then certainly by the spring of 1858. To effectively withstand such an invasion, the Mormons would need supplies. Soon Young and the Apostles were making plans to use the powers granted under martial law to take private property for the war effort. This included the property of non-Mormons. Young knew that confiscating supplies from the Gentiles would be controversial and turned to the Indians to mask Mormon involvement. Mormon leaders met with the leaders of local tribes asking them to help confiscate cattle and other supplies from Army and Gentile sources if General Harney tried to force his way into the territory. 803 Young soon found that the Indians had minds of their own however. In a meeting with the Mormon leader on September 1, 1857 several Indian leaders expressed skepticism of 802 Similar instructions were given to a detachment of 124 mounted men who marched on August 14-15, 1857, to stop U. S. Army soldiers supposedly in the vicinity of the Sweetwater River. See James Ferguson to Brigham Young, January 17, 1858, box 1, Nauvoo Legion (Utah) records, 1851-1870, Nauvoo Legion (Utah) records, 1851-1870, MS 1370, CHL. These reports resulted in a standing order to keep a small number of soldiers "in the mountains upon the approaches to the settlements as a corps of observation that we may not be taken at any point by surprise." See Lieut. General to General Aaron Johnson, August 13, 1857, box 1, Nauvoo Legion (Utah) records, 18511870, MS 1370, CHL. August 30, 1857, folder 2, Dimick B. Huntington Journal, MS 1419, CHL. "I told them that the Lord had come out of his hiding place & they had to commence their work. I gave them all the beef cattle & horses that was on the road to Calafornia, the North rout, that they must put them into the mountains & not kill any thing as long as they could help it, but when they do kill, take the old ones & not kill the cows or young ones. They said it was some thing new. They wanted to council & think of it." Apparently, Brigham Young had been meeting with Indian leaders as early as August 16, 1857 warning them that after the troops killed the Mormons, "they would then kill all of them." See August 16, 1857, folder 2, Dimick B. Huntington Journal, MS 1419, CHL. 803 287 Young's reasons for taking cattle from "the Americans" after years of counseling them to refrain from such activities. They refused to go along with his plan suggesting that they would raise grain for the war effort instead.804 Meanwhile, Young sought to assure the unquestioning support of his followers. In a particularly angry speech in the Bowery on August 16, 1857 Young portrayed the U. S. Army as a mob and compared them to the vigilantes who had killed Joseph Smith and had driven the Mormons from Illinois. He also emphasized the need for unity from the Latter-day Saints. Young even demanded loyalty from the Gentile population. The Mormon leader expressed concern that many of them might be in league with the federal government. His tone soon grew dark. Young wondered aloud why none of the Gentiles in the valley had ever written to the newspapers of the East to contradict the negative reports of the federal officials about the Mormons. He demonized the Gentile merchants in particular, suggesting that they saw the stationing of soldiers in Utah Territory as a business opportunity and were "peddling for your blood and mine." In a familiar refrain, Young declared that "the inhabitants of the earth" were arrayed against the Mormons. He made clear that this was no time for dissent. He counseled those who disagreed with his policies, whether they be Gentiles or backsliding Mormons, to "leave now while you can in peace."805 804 September 1, 1857, folder 2, Dimick B. Huntington Journal, MS 1419, CHL. This entry describes another meeting with Indian leaders. "I gave them all the cattle that had gone to Cal. the south rout It made them open their eyes. They said that you have told us not to steal. So I have, but now they have come to fight us & you, for when they kill us then they will kill you. They sayed the[y] was afraid to fight the Americans & so would raise grain and we might fight." Brigham Young Discourse, August 16, 1857, box 3, folder 24, Church Historian's Office, Report of Speeches, CR 100/317, CHL. 805 288 Young vowed that this would be the last time anyone would attempt to attack the Latter-day Saints. "In the name of Israel's God I say, lift the sword and slay them." Young's declaration elicited shouts of agreement from many in the audience. Young then proposed to move the population to the mountains if the United States attempted to send an overwhelming force to the Great Basin. They would then carry out a scorched earth policy and burn their settlements to ashes and kill any soldiers who attempted to follow them into the canyons. Young also threatened to use the Indians to close the overland trails. "I will say no more to the Indians, let them alone, but do as you please. And what is that? It is to use them up, and they will do it."806 By the end of August Young had decided to close the borders to both civilian and military traffic. He resolved to use any force necessary to prevent the U. S. Army from entering Utah Territory.807 Consequently, on August 29, 1857, Young ordered Nauvoo Legion commander Daniel Wells to draft a formal declaration of martial law. The purpose of the document entitled "Proclamation of the Governor" was to "forbid all armed forces, of every description, from coming into this Territory."808 Both the handwritten document and a printed broadside were backdated to August 5, 1857 however. This may have been done to reflect the fact that militia forces had received Brigham Young Discourse, August 16, 1857, box 3, folder 24, Church Historian's Office, Report of Speeches, CR 100/317, CHL. See also Young and Cooley, Diary of Brigham Young, 1857, August 11, 1857. Young records his determination to declare the overland route closed until the Government assumed "a more pacific attitude." 806 807 808 Furniss, Mormon Conflict, 123-124. Young and Cooley, Diary of Brigham Young, 1857, August 29, 1857. For a copy of the "Proclamation of the Governor" of August 5, 1857 see Young and Cooley, Diary of Brigham Young, 1857, 83. 289 orders weeks earlier to close the borders to the U. S. military. Young did not make the document public at this time however.809 Meanwhile, a sense of despair hung over Bernhisel. It seemed that all his fears were about to be realized. He decided not to return to Congress, fearing that there was nothing that he could do now to stop a repetition of the violence that he had witnessed in Illinois. He wanted to stay in the valley to be with his family when the soldiers entered the valley.810 Meanwhile, Young and the Apostles were determined to oppose the federal forces and seemed willing to ignore the consequences. In addition, many Mormons saw an attack on the soldiers as a chance for revenge for the fall of Nauvoo and their settlements in Missouri.811 Just when Bernhisel had become convinced that no hope remained however an Army officer who had once visited the Mormons during their travail in Winter Quarters appeared. He revived the hope that together with the doctor, they could still reverse the course of events and prevent bloodshed. "Nothing but Death and Darkness" On September 8, 1857 Captain Stewart Van Vliet arrived in Salt Lake City to deliver a letter from General Harney to Brigham Young informing the Mormon leader 809 Young and Cooley, Diary of Brigham Young, 1857, August 30, 1857. Young indicated that he would keep the proclamation from the public until he learned if the U. S. Army intended to enter the territory. When military forces started arriving however Young issued a slightly different version of the proclamation dated September 15, 1857. For an analysis of the two documents see Crawley, A Descriptive Bibliography of the Mormon Church, 3:345-347. 810 811 Brigham Young to Horace Eldridge, September 9, 1857, box 3, volume 3, BYP. James C. Van Dyke to Thomas L. Kane, March 28, 1859, series 3, box 14, folder 19, KANE. Van Dyke was a confidant of James Buchanan. This letter documents a series of meetings between Kane, Bernhisel, and the President starting on December 26, 1857. 290 that the U. S. Army would soon be setting up a post in Utah Territory.812 Van Vliet was a career military officer who had graduated ninth in his class at West Point.813 He was also well known to Mormon leaders. In 1848 his military service had taken him to Nebraska where he first met Young and the Apostles.814 In his visits to the Camp of Israel, Van Vliet had been deferential to Mormon leaders. He promised that he would require his soldiers to follow the rules of the Camp of Israel whenever they visited Winter Quarters.815 He also had friends and former subordinates among the Mormons in the valley.816 Young regarded Van Vliet as a Gentleman who was sympathetic to the Latterday Saints and as someone in whom he could confide.817 Van Vliet's official duties in Utah included procuring supplies for the approaching U. S. forces. He met with Young, Bernhisel, and other Mormon leaders on President's Office Journal, September 8, 1857, box 72, folder 1, BYP. Mormon leaders had received reports that elements of the Utah Expedition had reached Fort Laramie by August 26, 1857. See President's Office Journal, August 26, 1857, box 72, folder 1, BYP. 812 813 "Gen. Stewart Van Vliet," New York Times, March 29, 1901. 814 R. C. Petty to Brigham Young, March 25, 1848, box 21, folder 13, BYP. This is a letter of introduction for "Captain Van Vliet of Ft. Kearney" to Brigham Young. Meeting of March 26, 1848, box 2, folder 2, Church Historian's Office, General Church Minutes, CR 100/318, CHL. "When a man comes among a community, he must submit himself to the laws of that community." 815 816 817 Young, Journal of Discourses, 5:227. Young and Cooley, Diary of Brigham Young, 1857, September 8, 1857. It appears that Van Vliet knew William Henry Hooper who was a prominent Mormon. See also President's Office Journal, September 8, 1857, box 72, folder 1, BYP. This account suggests that Van Vliet was sympathetic to the Mormons. 291 September 9, 1857.818 The Captain could not provide much information about the Army's intentions except to say that "many suppose their orders will be to support the government and laws in case they are violated." Van Vliet's lack of specific information only reinforced Young's suspicions that Army commanders had "sealed orders" to be opened after their arrival that contained instructions to kill Latter-day Saint leaders and disperse the Mormon population.819 At the end of the meeting, Young informed the Captain that the Mormons would not supply the soldiers or allow them to enter the territory. Young then threatened to carry out a scorched earth policy if Buchanan sent an overwhelming force in response.820 Van Vliet assured Mormon leaders that their threats would not deter the Army. The Captain also suggested that they consider the serious consequences of such actions. Meanwhile, Latter-day Saints all over the territory feared for their lives and felt that drastic measures were required to save them from destruction. This sense of alarm was particularly acute among the Mormons in outlying areas. In the southern Utah town of Cedar City, residents had no regular mail service and had little news of the impending crisis. Nonetheless, their local leaders had put them on a war footing and told them that U. S. troops from Texas and California might descend upon them at any moment.821 In late August, the settlers received alarming reports that 818 Furniss, Mormon Conflict, 105-106. 819 Manuscript History of Brigham Young, September 9, 1844, CR 100/102, CHL. 820 Stewart Van Vliet to Captain Pleasanton, September 16, 1857, House Exec. Doc. 71 (35-1), 1858, Serial 956, 24-26. See John M. Higbee, "To My Family," June 15, 1896, box 1, folder 10, Collected Material Concerning the Mountain Meadows Massacre 1859-1961, MS 2674, CHL. 821 292 the Army had orders to kill Mormon leaders and drive the residents from their settlements.822 The reports advised the Latter-day Saints to be prepared to fight for their lives.823 The heated rhetoric and escalating fear would have deadly consequences when a wagon train bound for California rode into this charged atmosphere in the late summer of 1857. Soon, a verbal confrontation between some Arkansas emigrants and local Mormon settlers would escalate into one of the great tragedies of the American West. On or about September 3, 1857 some twenty men from the Arkansas wagon train entered Cedar City. Almost immediately they got into a heated argument with local residents. While the proximate cause of the confrontation cannot be reliably determined, it seems likely that both sides engaged in taunts, threats, and intemperate language. When the town marshal attempted to apprehend an emigrant who had employed particularly abusive language, the man refused to submit to arrest and the other emigrants backed him up. The confrontation ended with the marshal backing down and the emigrants leaving 822 Discourse of George A. Smith, August 29, 1857, box 1, folder 1, Parowan Stake Historical Record, 1855-1860, LR 6778 28, CHL. Apostle George A. Smith states, "They intend to hang about 300 of the most obnoxious Mormons; Brigham to be hung anyhow - no trial necessary for him or the principal leaders; and then go through a form of trial for the rest." 823 Discourse of George A. Smith, August 29, 1857, box 1, folder 1, Parowan Stake Historical Record, 1855-1860, LR 6778 28, CHL. Smith warns, "The United States are sending out 2500 infantry, besides Col. Summer's dragoons, which are to rendezvous in G. S. L. City this winter, and 1000 teamsters, the worst description of men, picked up on the frontiers, which are more to be dreaded than the soldiers. They are making great calculations for ‘booty and beauty.' This outfit is costing between 6 and ten million dollars; - it is not a peace establishment by any means. We must trust in God, for if we trust in anyone else we shall find ourselves the losers. If we trust in God he will give us power over our enemies. If there are any who [are] afraid, I wish them to go now, go like gentlemen, all who are not willing to die for their religion." 293 town.824 Under ordinary circumstances, the altercation between the residents and the men from the passing wagon train would have blown over quickly. Arguments and heated words between Mormons and outsiders were not uncommon in the early days of settlement.825 Circumstances were far from normal in Cedar City in September of 1857 however. The residents of the city feared for their lives thanks to the warnings of their leaders of an imminent attack from U. S. Army forces. The Mormons were on a war footing, but had not yet encountered the enemy. They had searched the canyons and roads in response to rumors of troop movements only to find that they were chasing phantoms. The men from the Arkansas wagon train proved to be a more tangible enemy to confront. It would not take much for Mormon settlers to confuse them with the enemy they had sworn to resist. Consequently, what had been an ordinary frontier scuffle soon escalated into something unimaginable.826 824 Ronald W. Walker, Richard E. Turley, and Glen M. Leonard, Massacre at Mountain Meadows (Oxford; New York: Oxford University Press, 2008), 132-134. 825 For an example of how local residents dealt with the sometimes abusive behavior of outsiders see Stout, On the Mormon Frontier, August 2, 1856. Stout describes a disturbance that some mail carriers had created upon entering the township. After performing their official functions, the Marshal escorted them out of town making sure they did not repeat their "whooping and swearing." "Brigham Young: Remarkable Interview with the Salt Lake Prophet," New York Herald, May 6, 1877. In this wide-ranging interview in 1877, Brigham Young and other Mormon leaders spoke about a number of topics including the Mountain Meadows Massacre. Daniel Wells, who had been the commander of the Nauvoo Legion in 1857, saw the Arkansas emigrants as victims of the unusual circumstances of the time. Their arrival had coincided with the news of the advance of the United States Army to drive them from their homes or "perhaps to destroy them." Wells then commented on "the fury that flamed" when the news arrived of the advancing U. S. Army. Our folks were desperate. It seemed they had nowhere to turn; everyone was prepared to resist." 826 294 Cedar City leaders quickly appealed to the area's military commander William H. Dame to call out the militia to bring the Arkansas men to justice. Colonel Dame refused however noting that the confrontation had not resulted in any physical violence. He ordered Cedar City leaders to let the incident pass. Apparently, some of these leaders were not willing to follow Dame's directive however. While it is difficult to reliably determine all the actors in this escalating conflict, it appears likely that Isaac Haight, Cedar City's political, military, and ecclesiastical leader, took the lead in engineering a scheme to punish the emigrants in defiance of Dame's order.827 After consulting with other leaders of the city, Haight apparently settled on two courses of action. The first was to send an express rider to Salt Lake City with a letter asking Young to overrule Colonel Dame and allow local military officials to employ the militia in punishing the emigrants. It appears that when Young received Haight's letter he interpreted it as a request to exercise provisions of martial law against the emigrants. Young refused however noting that he had not yet issued such a declaration.828 While it is 827 828 Walker, Turley, and Leonard, Massacre at Mountain Meadows, 136. The original letter from Isaac Haight is not extant but Mormon settler Jacob Hamblin was present when it was read aloud on September 10, 1857. Hamblin recorded the event in his journal. While these entries are not extant, in 1871 Hamblin sent Young a synopsis of them. He reported that Haight's letter stated that the Arkansas emigrants had "behaved very mean" and "asked the privilege to chastise them." In response, Young told the express rider, "When I want Marshal Law proclaimed, I will let you know." See Jacob Hamblin to Brigham Young, November 13, 1871, box 74, folder 10, BYP. The letter was the basis of a formal statement Hamblin signed. See "A Statement by Jacob Hamblin, November 28, 1871, box 74, folder 10, BYP. Young may have requested this statement because the federal court was investigating murder charges dating back to 1857 against Young and other Mormon leaders. See Stenhouse, The Rocky Mountain Saints, 686-687. See also Turner, Brigham Young, Pioneer Prophet, 364-368.The term "chastise" as used during this period meant to "correct by punishing." This could suggest that the militia was going to take punitive action, not just return the offenders for trial. See Noah Webster and John Walker, A Dictionary of the English Language: Abridged from the 295 not clear what punishment Haight was contemplating for the emigrants, his second course of action strongly suggests that seizing private property for use in the coming conflict may have been what he had in mind. Haight sent for John D. Lee, a Mormon who worked with the Paiute Indians on behalf of the federal government.829 Together, they engineered a plan to conduct a raid on the Arkansas emigrants who were now camped at Mountain Meadows - a grassy area thirty-five miles southwest of Cedar City where travelers often rested before journeying across the desert.830 The plan called for the Indians to wait until the emigrants broke camp at Mountain Meadows and travelled some twelve miles farther south into a narrow area adjacent to a canyon. The Indians would then stampede the cattle of the emigrants into the canyon where they could not be safely retrieved.831 This plan could be seen as an exercise of the provision of martial law that allowed the military to take private property in times of conflict. Any cattle or horses confiscated could be used to help area residents survive a siege if the approaching Army forced the Mormons to retreat to the mountains.832 In view of the fact that the drought of the American Dictionary (New York: Huntington and Savage, Mason and Law, 1850). See also Walker, Turley, and Leonard, Massacre at Mountain Meadows, 182-183. 829 Richard E. Turley Jr., Janiece L. Johnson, and LaJean Purcell Carruth, Mountain Meadows Massacre: Collected Legal Papers (Norman: University of Oklahoma Press, 2017), 945-946. 830 Brooks, The Mountain Meadows Massacre, 69-70. 831 Walker, Turley, and Leonard, Massacre at Mountain Meadows, 137-138. "Brigham Young: Remarkable Interview with the Salt Lake Prophet," New York Herald, May 6, 1877. Daniel Wells suggests that obtaining the property of the Arkansas emigrants was the primary motive for the attack, although he claims the motive involved greed rather than preparing for an expected military siege. 832 296 previous two years had drastically reduced the herds, capturing the emigrant's cattle must have been particularly enticing.833 It would also punish the emigrants for their part in the altercation in Cedar City. While some of the emigrants might be killed during this raid, it does not appear that bloodshed was the primary objective of this operation.834 Nonetheless, the raid on the Arkansas emigrants would soon escalate into mass murder. Lee tried to motivate the Paiutes to participate in the raid with reckless accusations that the Arkansas emigrants "were very bad people, and always made it a rule to kill the Indians whenever they had a chance."835 Apparently, Lee's statements enraged some of the Paiutes who responded with an unplanned attack on the wagon train at 833 Brigham Young to John Bernhisel, February 29, 1856, box 2, volume 2, BYP. Young estimated that the cold winter had killed "two thirds of our entire stock." 834 There seems to be considerable disagreement as to whether any bloodshed was part of Haight's plan. Ellott Willden, who witnessed the events surrounding the massacre, claims that the original plan called for the Indians to kill as many of the men as possible but not to harm the women and children. See Ellott Willden's statement in Richard E. Turley Jr. and Ronald W. Walker, eds., Mountain Meadows Massacre: The Andrew Jenson and David H Morris Collections (Provo, UT: BYU Studies / Brigham Young University Press, 2009), 133, 211-223. Another witness, Nephi Johnson, indicates that Haight was not willing to authorize any killing on his own authority "as it was a great responsibility to kill so many people." See Nephi Johnson Affidavit, July 22, 1908 in Turley Jr. and Walker, Mountain Meadows Massacre: Jenson/Morris Collections, 328-331. Lee insisted that Haight was in favor of killing the emigrants. See John D. Lee and William W. Bishop, Mormonism Unveiled; Including the Remarkable Life and Confessions of the Late Mormon Bishop, John D. Lee (St. Louis, MO: J.H. Mason, 1891), 219-220. However other individuals whom Haight consulted during the incident insist that he was only interested in seizing the cattle. See Turley Jr., Johnson, and Carruth, Mountain Meadows Massacre, 2:930-931. See also Turley Jr. and Walker, Mountain Meadows Massacre: Jenson/Morris Collections, 244-251. 835 Garland Hurt to Jacob Forney, December 4, 1857, House Exec. Doc. 71 (35-1), 1858, Serial 956, 199-205. Indian agent Garland Hurt sent a trusted Indian boy to get information on the massacre. He apparently was able to find some of the Indians who had participated in the attack on the Arkansas emigrants who told him that Lee's provocative statements concerning the members of the wagon train had prompted them to take deadly action. 297 Mountain Meadows early in the morning of September 7, 1857.836 The exchange of gunfire resulted in the death of several emigrants and Indians.837 Immediately, there was concern among the Mormons that the surviving emigrants had seen the Indians consulting with Lee before the attack. In addition, two of the emigrants had gone to round up stray cattle the previous day. They were due back the morning of the attack. Concern about what these two men may have seen escalated the crisis precipitously. William Stewart, one of Haight's lieutenants who was present when the unplanned Indian attack occurred, went in search of the two absent Arkansas emigrants. When he located them, he shot one of them dead in broad daylight. He tried to kill the second emigrant as well, but the man escaped and returned to the encircled Arkansas wagon train. Now there could be no doubt that the emigrants knew of Mormon involvement in the violence directed against them. Lee and his men reasoned that if word reached California of what they had done it could bring the wrath of the nation down upon Mormon settlements. In addition, the fact that Haight and Lee had violated Colonel Dame's order to take no action against the Arkansas emigrants may have put their lives in peril. All these concerns led to the fateful decision to massacre all but the youngest See Ellott Willden's statement in Turley Jr. and Walker, Mountain Meadows Massacre: Jenson/Morris Collections, 211-223. Willden states that the "original plan" was to attack the emigrants on the Santa Clara River route but that one of the Indian chiefs had unexpectedly decided to make an attack at Mountain Meadows. Willden quotes Lee as saying that he was powerless to hold them back. 836 837 Among the endless controversies surrounding the Mountain Meadows Massacre is whether Lee participated in this unplanned attack on the emigrants. Lee insisted he did not, while others present claimed that he led the attack. See Turley Jr. and Walker, Mountain Meadows Massacre: Jenson/Morris Collections, 157-158. 298 children.838 Over the next five days the Indian siege of the emigrants continued. Apparently, Isaac Haight had learned of the attack before he sent an express rider to Salt Lake City on the afternoon of September 7, 1857 with the letter to Brigham Young requesting permission to use the militia against the emigrants for their behavior in Cedar City on September 3, 1857. While Haight's letter is not extant, Young's response of September 10, 1857 raises serious questions about what if anything Haight told the Mormon leader about the Indian attack.839 Young's letter gives a general directive not to "interfere" with any of the emigrant trains passing through southern Utah until "they are first notified to stay away." This response does not seem to address an impending massacre.840 Whatever See Ellott Willden's statement in Turley Jr. and Walker, Mountain Meadows Massacre: Jenson/Morris Collections, 211-223. Willden states that the killing of the emigrant and the escape of his companion "is what caused more than anything else" the decision to kill the entire company of emigrants. 838 839 It appears that Haight was trying to keep information about the events taking place at Mountain Meadows from his superior officer Colonel William H. Dame. This would suggest, Haight may have been equally unwilling to inform Brigham Young. See September 8, 1857, folder 1, Jesse N. Smith Autobiography and Journal, MS 1489, CHL. Dame sent Smith to Cedar City to investigate a rumored Indian attack on the emigrant train at Mountain Meadows. When Smith asked Isaac Haight about it he replied that "he had heard the same rumor but had heard nothing further." 840 Brigham Young to Isaac Haight, September 10, 1857, box 3, volume 3, BYP. There is one oblique reference to the Indians in Young's response to Isaac Haight's letter. In the first draft of Young's letter however the reference to the Indians reads quite differently. "In regard to emigration passing through our settlements we must not interfere with them until they are first notified to stay away. You must not meddle with them. We expect to keep the troops busy if they shall attempt to come in but we think they wont come this time. Dr Bernh. The Indians we expect will do as they please but you should try and preserve good feelings with them." See Draft of Brigham Young to Isaac C. Haight, September 10, 1857, box 18, folder 7, BYP. (strikeouts in the original) The statement that the Mormons "expect to keep the troops busy if they shall attempt to come in" was deleted from the final draft but similar statements appear in many other letters Young wrote during this time. It appears to be a reference to a plan to get as many Indians who may be willing to help attack the United States troops. Young may have been suggesting 299 the original request from Haight involved, it appears that Young clearly had denied it. In any event, Haight did not wait for Young's letter before engineering the massacre of the Arkansas emigrants. Before Young's letter arrived in Cedar City, Haight and Lee convinced William Dame to call out the militia - although it is not clear if Dame fully understood the plans of the two men. Nonetheless, on September 11, 1857, the militia decoyed the Arkansas emigrants from their stronghold under the guise of rescuing them. When they were out in the open and unarmed, the Mormons and the Indians massacred all but a handful of the youngest children. Mormon actions resulted in the death of some 120 innocent men, women, and children.841 The Mountain Meadows Massacre defied all reason and only served to put the Mormons in great danger. Back in Salt Lake City, Brigham Young was making extravagant claims of his influence with Indian leaders. He recklessly suggested that he had the power to prevent a general Indian uprising - or let one go forward. Such threats when juxtaposed against the slaughter at Mountain Meadows could easily lead to the very attack on the Mormons from the United States Army that Brigham Young thought he was that leaders in Southern Utah maintain good feelings with the Paiute Indians to encourage them to be allies to the Mormons in fighting the Army. For an example see Brigham Young to Horace Eldridge, September 9, 1857, box 3, volume 3, BYP. Young states that he does not think the Army will be able to enter the valley because "The United States will doubtless soon have sufficient business to attend to without troubling us." In addition, it seems strange that Young did not immediately send Jacob Hamblin to Mountain Meadows if he knew of the possibility of an imminent Indian massacre on the Arkansas Emigrants. Hamblin was present when Haight's letter arrived and had considerable influence with the Paiute Indians. 841 See Nephi Johnson Affidavit, July 22, 1908 in Turley Jr. and Walker, Mountain Meadows Massacre: Jenson/Morris Collections, 328-331. 300 deterring. Nonetheless, Young was still trying to use diplomatic means to put an end to the crisis. After the arrival of Captain Van Vliet, Brigham Young prevailed upon John Bernhisel to reconsider his decision not to return to Congress. The Mormon leader felt that if he made a convincing case to Captain Van Vliet of the determination of the Latterday Saints to resist the entrance of the U. S. Army into Utah Territory, it would strengthen the doctor's hand in negotiating a solution. Bernhisel agreed.842 Before he left for Washington with Bernhisel, Young informed the Captain that whenever he thought of the troops entering the valley "I can see nothing but death & darkness before me and before this people." The Mormon leader then threatened that anyone who volunteered to join the Army for Utah "will find their own buildings in flames before they get far from home." Young also alluded to an agreement that Stephen A. Douglas had once negotiated between the Mormons and the Carthage Convention in Nauvoo in 1846. It had resulted in untold Mormon suffering when the State of Illinois refused to carry out its side of the agreement. Young suggested Van Vliet meet with Douglas and tell him that if he wished to come and negotiate a peace treaty with the Mormons once again, "we will dictate those terms of peace & not him."843 Bernhisel left for Washington on September 13, 1857 in company with Captain 842 Brigham Young to Horace Eldridge, September 9, 1857, box 3, volume 3, BYP. Woodruff, Wilford Woodruff's Journal, 1833-1898, September 13, 1857. Mormon leaders had other reasons to be angry with Stephen A. Douglas. The previous month news arrived that the Senator had made a speech about the Mormon conflict in which he suggested that it was "the duty of Congress to apply the knife and cut out this loathsome disgusting ulcer." Needless to say, Young and the Apostles considered the remark a betrayal. See MacKinnon, At Sword's Point, Part 1, 136-137. 843 301 Van Vliet. Together they would make a last-ditch effort to diffuse the crisis. Meanwhile, Young decided to make one last attempt to personally influence James Buchanan. Young instructed a trusted Mormon Bishop in the East named Jeter Clinton to meet with the President and tell him that Indian leaders were visiting the Mormon leader daily "to know if they may strike while the iron is hot." Young wanted Buchanan to know that his answer depended on the President's policies. "If he do not mete out justice to us, the war cry will resound from the Rio Colorado to the head waters of the Missouri - from the Black Hills to the Sierra Nevada." Young concluded saying, "Peace and our rights - or the knife and the tomahawk - let Uncle Sam choose."844 Young was issuing foolish threats to government leaders who were already suspicious of Mormon loyalty to the Union. When juxtaposed against the stories that would soon appear in the newspapers of the massacre of some 120 Arkansas emigrants in Utah Territory, Young's letter could easily stir the anger of the Nation to send whatever force was necessary to destroy the Mormons in retaliation. It seems that once again, Young had gone too far. He was coming dangerously close to causing the very disaster he had taken such extreme measures to avoid. Once again Bernhisel was finding that the Mormon leader had seriously undermined his ability to negotiate a solution. Ironically, it would take the patience, luck, and wise judgement of some people the Mormons thought of as enemies to resolve the crisis and bring an enduring peace to the Latter-day Saints. 844 Brigham Young to Jeter Clinton, September 12, 1857, box 3, volume 3, BYP. Bernhisel personally delivered this letter to Clinton. There is no record of Clinton meeting with the President however. Twenty years later however Clinton may have attempted to use this letter to blackmail Brigham Young. See Ronald W. Walker, Wayward Saints: The Godbeites and Brigham Young (Urbana: University of Illinois Press, 1998), 101-104. CHAPTER XI WRONGS REAL AND IMAGINARY If the Mormons once assail our troops, the sentiment of the country will never be satisfied while a Mormon community survives on this continent.845 --John Kane to Thomas Kane, January 4, 1858 On September 21, 1857 John Bernhisel came face to face with the Army for Utah. He soon discovered that the Utah Expeditionary forces were hardly capable of the carefully coordinated attack that Mormon leaders had feared.846 In company with Captain Stewart Van Vliet, the doctor passed behind enemy lines and mingled with the approaching U. S. forces. One of the men the doctor met was senior officer Colonel Edmund Alexander. The Colonel informed Bernhisel that neither he nor any of the other officers knew the whereabouts of General Harney. In fact, it seemed that no one with overall command of the Utah Expedition had accompanied the Army for Utah on its journey to the Great Basin.847 Bernhisel later learned that General Harney had strongly opposed sending soldiers to Utah Territory so late in the season. He also had concerns about the possibility of 845 John Kane to Thomas Kane, January 4, 1858, series 3, box 14, folder 12, KANE. 846 Furniss, Mormon Conflict, 95. 847 John Bernhisel to Brigham Young, September 21, 1857, box 61, folder 1, BYP. 303 Mormon resistance.848 The President had ignored these warnings however. The Buchanan Administration then complicated matters considerably when it retained Harney in Kansas and appointed Colonel Albert Sidney Johnston to take his place. Since late August, Colonel Johnston had been in charge of the Utah Expedition but was hundreds of miles away from the forces that were now scattered along the trail between Kansas and Wyoming.849 While making his way back to Washington, Bernhisel passed several of the units of the Army for Utah including infantry, artillery, cavalry, and supply trains. After meeting with the officers and men of these units, the doctor passed along what he had learned to Mormon agents who were gathering intelligence for the Nauvoo Legion.850 On October 1, 1857 Bernhisel reached Chimney Rock - some four hundred miles east of Salt Lake City. There he met with Colonel Albert Sidney Johnston. The Colonel informed the doctor that he had read Captain Van Vliet's report warning of Mormon resistance but that there was little he could do until he caught up to the main elements of the Army. This would not happen until early November however.851 Meanwhile, supply trains were 848 Jesse Gove to Maria Gove, June 28, 1857 in Jesse A. Gove, The Utah Expedition, 1857-1858; Letters of Capt. Jesse A. Gove, 10th Inf., U.S.A. ... to Mrs. Gove, and Special Correspondence of the New York Herald ... (Concord, NH: New Hampshire Historical Society, 1928), 5-8. Captain Jesse Gove served in the Utah Expedition. He wrote letters to his wife as well as the New York Herald chronicling his experiences. 849 MacKinnon, At Sword's Point, Part 1, 184. 850 John Bernhisel to Brigham Young, September 21, 1857, box 61, folder 1, BYP. 851 Colonel A. S. Johnson to Major Irvin McDowell, September 29, 1857, House Exec. Doc. 71 (35-1), 1858, Serial 956, 27. 304 traveling without armed escort and communication between units was poor.852 The entire operation was lumbering toward Utah Territory unaware that they were heading into the path of Mormon fury. Brigham Young's war plans were now in full effect. Barely two days after the departure of Bernhisel and Van Vliet for Washington, Brigham Young had publicly declared martial law in an updated version of his August 5, 1857 "Proclamation of the Governor," now dated September 15, 1857. Young then formally commenced using martial law to close the borders to both the U. S. Army and the overland emigration. The soldiers, supply trains, and the leadership of the Army were now vulnerable to Mormon attack.853 U. S. forces were convinced that Young was only bluffing however.854 Meanwhile, efforts to get Buchanan to take action to avoid a collision between the Mormons and the Army proved unsuccessful. "A Shrewd Yankee" Bernhisel and Van Vliet arrived at Fort Leavenworth on October 17, 1857. A few days later, the Captain headed for Washington to meet with President Buchanan. Bernhisel and Van Vliet had formed a close relationship during their journey together. The doctor felt certain that the Captain would represent the Mormons well and explain to Buchanan why the Latter-day Saints were opposed to the Army entering their 852 LeRoy R. Hafen and Ann W. Hafen, Mormon Resistance: A Documentary Account of the Utah Expedition, 1857-1858 (Lincoln, NE; Chesham: University of Nebraska Press, 2006), 14-15. 853 854 Turner, Brigham Young, Pioneer Prophet, 283-284. Jesse Gove to Maria Gove, September 6, 1857 in Gove, The Utah Expedition: Letters of Jesse Gove, 51-54. 305 settlements.855 Van Vliet's meeting would not change the President's course of action. Captain Van Vliet met with Buchanan on October 28, 1857, and informed him that Young was prepared to resist U. S. troops "by force of arms." Buchanan and his advisors refused to believe Young would be so foolhardy. They were certain that the Mormon leader was just posturing for the benefit of his followers.856 Meanwhile, newspapers in the East were reinforcing skepticism of Mormon resistance, suggesting that Young was simply too smart to attack the U. S. Army. "Brigham Young is a shrewd Yankee, and is altogether too sensible a man to entertain for a moment any such ridiculous idea," the New York Herald editorialized.857 It soon became apparent that Washington and the Press had underestimated the Mormon leader. Two weeks after Captain Van Vliet had issued his warning of Mormon resistance, news arrived in the East that the Nauvoo Legion had captured and burned three Army supply trains.858 The Mormons were also burning the forage before the advancing troops, stampeding their cattle, and harassing the soldiers in night raids. Buchanan did not seem willing to admit just how badly he had miscalculated his challenge to Brigham Young. During the autumn of 1857 Bernhisel met with the President and his advisers several times trying to convince the Administration that the Mormons would fight to the last rather than allow the Army to enter their settlements but Buchanan was unmoved. Even when the President learned of Mormon attacks on the Army, he refused to 855 John Bernhisel to Brigham Young, October 17, 1857, box 61, folder 1, BYP. 856 John Bernhisel to Brigham Young, November 2, 1857, box 61, folder 1, BYP. 857 "The Mormon Question," New York Herald, October 26, 1857. 858 "Important from the Plains," New York Herald, November 12, 1857. 306 reconsider his policies. Instead he decided to order more troops to the territory.859 Thomas Kane also met with the President, but Buchanan had no interest in listening to the Colonel's advice or admitting that he had made a terrible mistake.860 The President was not the only person who had miscalculated the consequences of his actions however.861 Shortly after reaching Washington, Bernhisel wrote to Brigham Young repeating his warnings about the growing fury of Washington and the nation toward the Mormons. "Should a collision take place between the good people of Utah and the detachment sent thither, the news of such an event would produce the most intense excitement throughout this vast confederacy and the tide of public sentiment would set against us with tremendous force," Bernhisel warned.862 Nonetheless, Young had proceeded with his plans. He was betting that the Army would suspend its march to Salt Lake City once it encountered resistance. Young soon discovered that Mormon attacks on the Utah Expedition had only enraged the officers and men of the Army. In the absence of Colonel Johnston, Edmund Alexander and other junior officers responded to Mormon operations with the resolve to redouble their efforts to reach the 859 John Bernhisel to Brigham Young, January 17, 1858, box 61, folder 2, BYP. This letter is dated "December 17, 1857" but the context suggests January 17, 1858 as the correct date. In addition, there is a notation on the letter by an unknown person indicating the correct date as January 17, 1858. 860 James C. Van Dyke to Thomas L. Kane, March 28, 1859, series 3, box 14, folder 19, KANE. Richard D. Poll and William P. Mackinnon, "Causes of the Utah War Reconsidered," Journal of Mormon History 20 (Fall 1994): 17. The authors argue that both Brigham Young and James Buchanan seriously miscalculated their actions during this episode. 861 862 John Bernhisel to Brigham Young, November 2, 1857, box 61, folder 1, BYP. 307 valley. The soldiers were spoiling for a fight.863 Soon their intemperate rhetoric spilled out of the Army camps and into the ears of Nauvoo Legion operatives.864 The Mormons were now more convinced than ever that the purpose of the Utah Expedition was to accomplish their destruction. Young was soon taking actions that threatened to escalate the conflict to the point of no return. This included orders for Mormon operatives to assassinate General William S. Harney if he entered Utah.865 As the situation between the Mormons and the Army deteriorated, Bernhisel once again attempted to meet with Buchanan to find a solution. The President would not change his policy however.866 Meanwhile, Brigham Young showed no signs of changing his plans either. With neither side willing to back down, it was becoming increasingly clear that the only solution that would prevent bloodshed on a grand scale would be one in which both men could claim victory. "What will be their Next Move?" As the Utah Expedition reached Fort Bridger, some 120 miles from Salt Lake City, an early winter storm effectively imposed a ceasefire upon the Mormons and the Army. This opened a window of opportunity to effect a peace agreement between the two 863 Gove, The Utah Expedition: Letters of Jesse Gove, October 8, 1857. 864 MacKinnon, At Sword's Point, Part 1, 292-294. 865 Brigham Young to Daniel H. Wells, John Taylor, and George A. Smith, October 7, 1857, box 1, Nauvoo Legion (Utah) records, 1851-1870, MS 1370, CHL. In this letter Young orders the militia to "genteelly escort Genl. Harney under, if found on the road." See "J. M. Bernhisel Account of Conversations with President James Buchanan," ca. June 1859, box 61, folder 3, BYP. 866 308 sides.867 The complexities of the relationship between the Mormons and Washington would require an agreement that could accommodate two very different interpretations however. One would allow James Buchanan to declare that he had forced the Mormons to capitulate to federal authority. The other would allow Brigham Young to declare that the President had backed down and had sued for peace. These dual peace narratives emerged in late December 1857 at a time when both Bernhisel and Buchanan despaired of the rapidly deteriorating situation in Utah. Both the President and the doctor worried that it might be too late to avoid bloodshed in Utah Territory. Bernhisel felt that Brigham Young had pushed his war plans too far to turn back. The doctor also worried that it might be too late as many Mormons were "so anxious for an opportunity for revenge." Buchanan shared the doctor's concerns about the inevitability of bloodshed. He felt that "such was the state of public feeling among the Mormon people that he could not see how it was to be averted."868 The escalating crisis convinced Thomas Kane to go to Utah Territory to mediate the conflict.869 He visited Buchanan and informed the President of his determination to leave immediately for the Great Basin. He then asked Buchanan to provide him with written authorization to negotiate with the Mormons on behalf of the federal government. 867 Rogers, Unpopular Sovereignty, 209. 868 James C. Van Dyke to Thomas L. Kane, March 28, 1859, series 3, box 14, folder 19, KANE. James C. Van Dyke was a long-time supporter of James Buchanan and had considerable influence with him. This letter contains his recollections of a series meetings between Kane, Bernhisel, and the President starting on December 26, 1857. 869 Grow, Liberty to the Downtrodden, 151. 309 The President demurred however. 870 He apparently was only willing to give Kane letters of introduction similar to the ones that President Polk had furnished the Colonel in 1846 when he visited the Mormons in Winter Quarters.871 When it became evident to Kane that the President would not yield on the issue, the Colonel turned to Bernhisel for help. Kane asked the doctor to visit Buchanan and "make him repeat his committals with respect to his intentions," and then verify them in a letter to Brigham Young. Instead, Bernhisel wrote to the Mormon leader that he had not met with the President as Kane had requested but that nonetheless "I have no doubt whatever of the President's sincerity or his desire to give every power to Colonel Kane."872 Since neither the President nor the doctor would provide unambiguous assurances that the Colonel had the authority to negotiate on behalf of the federal government, Kane would have to rely on the appearance of such an authorization instead.873 Kane left for Salt Lake City on January 5, 1858. The doctor warned the Colonel 870 Grow, Liberty to the Downtrodden, 162-163. 871 James Buchanan to Thomas L. Kane, December 31, 1857, series 3, box 14, folder 11, KANE. Apparently, Kane sent Buchanan the letters that President Polk had provided him in 1846 for his visit to the Mormons in Iowa and Nebraska. Buchanan may have used them to fashion his own letters of introduction for Kane. Apparently, Buchanan was reluctant to appear to be sanctioning Kane's efforts. "These are as strong as I can write them," the President states. Buchanan also indicates that he still feels it would be better if Kane did not to go to Utah Territory. 872 John Bernhisel to Brigham Young, December 31, 1857, series 3, box 14, folder 11, KANE. 873 James C. Van Dyke to Thomas L. Kane, March 28, 1859, series 3, box 14, folder 19, KANE. In an account of his conversation with Bernhisel, Van Dyke quotes the doctor as saying that Kane had considerable influence with the Mormons. "He said he had no doubt they would rely upon any statement you might make; and that anything said by you as to the sentiments and views of the President in relation to the designs of our government, would have a powerful weight with the Mormons." 310 that his life might be in danger from both Mormon zealots in outlying areas as well as Mormon enemies along the route. In response, Kane travelled under the name of "Dr. Osborne" and arrived safely in Salt Lake City on February 25, 1858. Almost immediately, the Colonel attempted to get Young to allow the soldiers to establish their military post in Utah Territory.874 Kane told Young that he had come with full authority to negotiate on behalf of the federal government. The Colonel then suggested that a chastened President felt the Mormon leader deserved an apology for all the misunderstandings that his Administration had caused.875 Kane argued that the honorable thing for Young to do was to accept the apology. The Mormon leader could then turn his attention to the plight of the poor soldiers in the mountains who had been caught in the middle of the controversy. Kane implored Young "to render them aid and Comfort and to assist them to Come here and to bid them a Hearty welcome into your hospitable valley." Young informed Kane that he was willing to accept Buchanan's supposed apology, but that he was not about to bid the soldiers "a Hearty welcome" into the valley. 876 The Mormon leader instead 874 Grow, Liberty to the Downtrodden, 165-168. Woodruff, Wilford Woodruff's Journal, 1833-1898, May 25, 1858. It is uncertain what authority President Buchanan gave Kane to speak for his Administration. It is highly doubtful however that the President gave Kane the authority to issue an apology to Brigham Young. See also MacKinnon, At Sword's Point, Part 2, 221, 221n13. 875 876 John Bernhisel to Brigham Young, December 31, 1857, series 3, box 14, folder 11, KANE. In Bernhisel's letter to Young, the doctor suggested it would be a nice gesture for the Mormons "to make the military as comfortable as possible by building them quarters with dispatch, entertaining the sick and officers at the City, &c." Young of course was not amenable to this course of action. 311 insisted that he would not deviate from his demand that the President recall the troops.877 Seeing that he was making little progress on the prime objective of his mission, Kane next made a dangerous trip to Fort Bridger to negotiate with Young's successor, Alfred E. Cumming. Kane arrived at the Army camp on March 15, 1858 after an exhausting journey. His presence almost immediately caused a division between military and civilian leaders.878 It seemed that Kane was encouraging the Governor to ignore the advice of Colonel Johnston and enter Salt Lake City without the Army. The Colonel told Governor Cumming that there was a Peace Party and a War Party in Utah Territory. Kane insisted that the War Party was causing all the trouble with the Army. Meanwhile, Young was the champion of the Peace Party and had been protecting the soldiers from harm. According to Kane's version of events, Young had been the voice of reason during the conflict and now needed Cumming to assist him in his relentless pursuit of peace.879 Kane's portrayal of Brigham Young as the gallant protector of the U. S. Army was fanciful to say the least. Nonetheless, it may have helped persuade Governor Cumming to leave the soldiers behind at Fort Bridger and meet with Mormon leaders. Kane was jubilant when Cumming agreed. The Colonel felt that it was nothing short of a Woodruff, Wilford Woodruff's Journal, 1833-1898, August 15, 1858. See also Church Historian's Office, Journal, 1844-1849, May 24, 1858, CR 100/1, CHL 877 878 Jesse Gove to Maria Gove, March 15, 16, 17, 1858 in Gove, The Utah Expedition: Letters of Jesse Gove, 133-136. 879 In a letter of March 4, 1857 to the President, Kane portrayed the Mormon leader as the voice of reason whose "commanding influence has been exercised to assuage passion, to control imprudent zeal, and at all risks, either of his own person or that of others, to forbid and ensure a just condemnation for bloodshed." Thomas L. Kane to My Dear Sir (James Buchanan), March 4, 1858, series 3, box 14, folder 13, KANE. 312 miracle and that peace was at hand.880 Kane soon discovered that Young had become more determined than ever to force the President to withdraw the troops however. Brigham Young wrote to Colonel Kane on March 22, 1858 that the Mormons planned to abandon Salt Lake City and burn everything to ashes if the Army attempted to enter the valley. This way "our enemies may come in and complete their instructions," Young explained wryly. The Mormon leader then asked "if they come here and find neither people nor city, what will be their next move?"881 Apparently, Young hoped to continue increasing the cost of maintaining the Army in Utah Territory until public pressure forced the President to withdraw the soldiers.882 This was not what Kane had hoped for, but all was not lost. Governor Cumming entered the valley without the Army and was soon having conversations with Mormon leaders under the careful guidance of Colonel Kane. Meanwhile, the sight of a large number of Latter-day Saints leaving the city proved to be deeply troubling for Cumming. He decided to hold a meeting in the Tabernacle to discuss the intentions of the federal government with the Mormons directly. It proved to be an eye-opening experience.883 Cumming addressed an overflow crowd of some four thousand Latter-day Saints 880 Thomas L. Kane to Robert Patterson Kane, April 4, 1858, series 3, box 14, folder 15, KANE. 881 Brigham Young to Thomas L. Kane, March 22, 1858, box 47, folder 58, BYP. 882 Manuscript History of Brigham Young, March 18, 1858, CR 100/102, CHL. This in an account of a war council in which Young suggested the new policy of burning anything of use to the Army if they forced their way into the valley, but not fighting them. Young suggested the Army would destroy itself. 883 Furniss, Mormon Conflict, 185-186. 313 on April 25, 1858. He later described the Mormons in the audience as a people "embittered by the remembrance of and recital of many real and some imaginary wrongs." Nonetheless, the Latter-day Saints listened respectfully to Cumming. When he invited comments from the audience however a near riot broke out. "Several powerful speakers" spoke of the murder of Joseph Smith, the service of the Mormon Battalion "to an ungrateful country," and the suffering that the Latter-day Saints had endured over the years. When they turned their attention to the federal government and the soldiers "the wildest uproar ensued." As a result of the meeting, Cumming temporarily suspended the Army's attempts to enter the valley.884 It was clear that it would take more than Thomas Kane's influence to get the Mormons to accept the soldiers. Nonetheless, the Colonel had accomplished a great deal in a short period of time. The Mormons now had a sympathetic federal official in their midst who was coming to understand the Latter-day Saints. He was also gaining the cautious trust of Mormon leaders. The crisis required more than Kane's gift for creating pleasing myths to replace harsh realities however. When Kane received news of the death of his father, the Colonel departed the valley and left the final negotiations to others. Those who came after him proved to be uncommonly wise. 884 Alfred Cumming to Lewis Cass, May 2, 1858, State Department Territorial Papers, Utah Series, Volume 1, April 30, 1853-December 24, 1859, NARA. 314 "Give Way" Back in Washington, Bernhisel had held numerous meetings with the President over the crisis, but had made little progress.885 Meanwhile, some in the House and Senate questioned the wisdom of the President sending an Army to Utah Territory without getting the advice and consent of Congress first. Soon, Bernhisel and other members of Congress were increasing the pressure on Buchanan to send peace commissioners to resolve the issue with the Mormons. The President continued to resist but as news of the problems of the Utah Expedition with the Mormons grew steadily worse he finally relented.886 On April 3, 1858, Bernhisel wrote to Brigham Young indicating that Buchanan had finally decided to seek a peaceful solution to the crisis. "I have just had another interview with the President and I hasten to inform you that he has finally concluded to send Commissioners to Utah," Bernhisel wrote with relief.887 James Buchanan selected Major Benjamin McCullough of Texas and former Kentucky Governor Lazarus Powell to represent the federal government in the negotiations. The Buchanan Administration made clear that the purpose of the Peace Commission was not to investigate Mormon grievances but to demand that the Latter-day Saints "submit quietly and peaceably to the authority of the United States." This included allowing the troops to be stationed in Utah Territory.888 If Brigham Young agreed to See "J. M. Bernhisel Account of Conversations with President James Buchanan," ca. June 1859, box 61, folder 3, BYP. 885 886 MacKinnon, At Sword's Point, Part 2, 392-393. 887 John Bernhisel to Brigham Young, box 61, folder 2, BYP. "Synopsis of Speeches Made at the Peace Conference, 1858 June 11-12," box 48, folder 8, BYP. 888 315 those terms, the President would then pardon the Latter-day Saints for the actions they had taken in resisting the Utah Expedition. At 9:00 A. M. on June 11, 1858 the Peace Commissioners met with Young and the Apostles for what would prove to be a marathon session. After some preliminary discussions, Young asked the Commissioners, "Gentlemen, what do you want of us?" Lazarus Powell responded, "We only want you to let the government send troops and to submit to the laws." Young did not want to talk about the troops however. He wanted to talk about the past. "Let me ask of you Gov. Powell, if you justify Missouri in her treatment of our people." Powell confessed that he did not know what had happened to the Mormons in Missouri.889 For the rest of the morning, several Mormon leaders spoke angrily of the conflicts the Latter-day Saints had endured in Missouri and Illinois as well as the neglect that the federal government had shown them during their time of suffering. At the afternoon session, the venting of grievances continued unabated. After adjourning the conference for the day, Mormon leaders and the Commissioners met with each other informally at dinner and spent much of the evening discussing the same subjects.890 The discussions of June 11, 1858 were more than just a cathartic exercise for the Latter-day Saints however. They proved to be the catalyst for breaking the impasse between the Mormons and Washington. The Latter-day Saints had presented their grievances to the federal government 889 Minutes of Peace Commission, June 11, 12 1858, box 3, folders 21, 22, Church Historian's Office, General Church Minutes, CR 100/318, CHL. 890 Minutes of Peace Commission, June 11, 12 1858, box 3, folder 21, 22, Church Historian's Office, General Church Minutes, CR 100/318, CHL. 316 many times before. Federal officials had usually dismissed their complaints with the claim that Washington did not have the authority to intervene in such matters. The Peace Commissioners on the other hand had listened sympathetically to Mormon leaders. Lazarus Powell stated that if Young had accurately described the actions of Illinois and Missouri against the Mormons then the Latter-day Saints had certainly been wronged. Powell then gently brought Young and the Apostles back to the unresolved standoff with the Army.891 The next morning Young and the Apostles held a private meeting. They had seemingly spent their fury the previous day. Young expressed the opinion that President Buchanan would accept a compromise "if he can save honor." Young also felt the Peace Commissioners had come to negotiate in good faith.892 Mormon leaders then met with Powell and McCullough for another marathon session that consumed most of June 12, 1858. This time however it was clear that Young and the Apostles were ready to enter into an agreement. By the end of the day Brigham Young had agreed to drop his demand that Buchanan withdraw the Army. He was now willing to discuss plans to allow the soldiers to establish a military post some forty miles from Salt Lake City in Cedar Valley. Mormon leaders then accepted Buchanan's pardon on behalf of the Latter-day Saints without admitting that they had done anything wrong - a detail that the Commissioners 891 Minutes of Peace Commission, June 11, 12 1858, box 3, folder 21, 22, Church Historian's Office, General Church Minutes, CR 100/318, CHL. 892 Minutes of Meeting with Brigham Young and the Apostles, June 12, 1858, box 3, folder 22, Church Historian's Office, General Church Minutes, CR 100/318, CHL. 317 and Governor Cumming chose to leave out of their official reports.893 Thanks to the patience and forbearance of Cumming, Powell, and McCullough, they had engineered an agreement that would allow the Army to create their military post in Utah Territory but would also allow both Brigham Young and James Buchanan to declare victory.894 The President's proclamation had promised to pardon the Mormons only if they agreed to "submit themselves to the authority of the federal government."895 With that provision in mind, Governor Cumming reported to Washington that the "pardon was accepted, with the prescribed terms of the proclamation, by the citizens of Utah."896 Likewise, the Commissioners reported that the Mormons had agreed to "cheerfully yield obedience to the Constitution and laws of the United States."897 It was a complete victory for the President - but only on paper. Soon Brigham Young was claiming victory too. Elizabeth Cumming, the wife of the new governor, observed that in public Young and the Apostles minimized the authority of the Peace Commission. Mormon leaders insisted that Governor Cumming "had already arranged this matter with them with the exception of the offering of a pardon." In the Mormon narrative, the President had backed See "Proclamation of Governor Cumming, June 14, 1858," Senate Exec. Doc. 45 (352), 1858, Serial 975, 113. See also "Messrs. Powell and McCulloch to the Secretary of War, June 12, 1858," Senate Exec. Doc. 82 (35-2), 1858, Serial 975, 167-168. 893 "Synopsis of Speeches Made at the Peace Conference, 1858 June 11-12," box 48, folder 8, BYP. 894 See "Proclamation of the President of the United States, April 6, 1858," in House Exec. Doc. 31 (35-2), 1858, Serial 997, 69-72. 895 See "Proclamation of Governor Cumming, June 14, 1858," Senate Exec. Doc. 45 (352), 1858, Serial 975, 113. 896 See "Messrs. Powell and McCulloch to the Secretary of War, June 12, 1858," Senate Exec. Doc. 82 (35-2), 1858, Serial 975, 167-168. 897 318 down and sued for peace. Consequently, the Mormons were neither grateful nor contrite in accepting the Presidential Pardon, according to Elizabeth. "We are pardoned for having been rebels. We deny that we have been such - but - we receive the pardon," was how Elizabeth characterized the attitude of Young and the Apostles.898 Meanwhile, news spread that the federal government and Mormon leaders had agreed to a settlement.899 Nonetheless, many Latter-day Saints were not sure that they were safe. Elizabeth noted that "several of the leading Mormons, whom I have seen, shake their heads and say "We hope all will be well" but look anxious." 900 It would not be easy for the Latter-day Saints to forget all the dire warnings that the federal government wanted to destroy them. Consequently, the Peace Commissioners held public meetings over the next several days to reassure residents.901 Finally on June 26, 1858 the Army for Utah marched through Salt Lake City on their way to build their camp some forty miles away in Cedar Valley. There were few Mormons on hand to see the sight however. The vast majority had abandoned the city and moved to temporary quarters 898 Elizabeth Cumming to Thomas Kane, June 25, 1858, series 3, box 14, folder 18, KANE. See "Messrs. Powell and McCulloch to the Secretary of War, June 26, 1858," Senate Exec. Doc. 83 (35-2), 1858, Serial 975, 168-172. The Commissioners visited the Latterday Saints who had abandoned the northern settlements and moved to Provo. Powell and McCulloch reported the anger of the Mormons, but also their genuine relief that the crisis was now over and that they could return to their homes. 899 900 Elizabeth Cumming to Thomas Kane, June 25, 1858, series 3, box 14, folder 18, KANE. See "Messrs. Powell and McCulloch to the Secretary of War, June 26, 1858," Senate Exec. Doc. 83 (35-2), 1858, Serial 975, 168-172. 901 319 further south.902 Only after the Army had left for their camp did the Mormons begin returning to their homes.903 Nonetheless, the arrival of the Army in Utah Territory proved to be the beginning of the end of Mormon Nationalism. Not long after the settlement of the conflict Thomas Kane wrote to Brigham Young with some advice for dealing with the reality that non-Mormon officials would now rule Utah Territory with an Army to back them up. "Give Way: Go on giving way: be superior to all provocation this single summer through; and I promise you as complete a triumph for the future as the most hopeful among you ever dreamed of."904 As with many things that Thomas Kane said however there was something true and something untrue in his letter to Brigham Young. It was true that his counsel to "give way" would be the surest path to a lasting peace. However, there would be no "triumph" for the Mormons. Young's dreams of creating an American Zion independent of the outside world would slip from his grasp. Soon Gentile influences would reverberate throughout the territory and dismantle Mormon Nationalism. Meanwhile, in the midst of the Civil War, Washington would take actions to crack down on Mormon polygamy. The federal government would be relentless in their efforts to force the Latter-day Saints to submit quietly and peaceably not only to the political authority of the United States but to its cultural demands as well. They would not rest until the Mormons became like other Americans. Richard D. Poll and William P. Mackinnon, "Causes of the Utah War Reconsidered," Journal of Mormon History 20 (Fall 1994): 19. 902 903 Furniss, Mormon Conflict, 202-203. 904 Thomas L. Kane to Brigham Young, July 5, 1858, series 3, box 14, folder 18, KANE. 320 The Valley Tan On January 2, 1859 Brigham Young wrote a letter to John Bernhisel telling him to come home "prepared to stay."905 As it turned out, Bernhisel's release from his duties in Washington would only be for one term however. Nonetheless, Bernhisel wrapped up his affairs in the East, and returned to the Great Basin. When he arrived on June 6, 1859 the doctor quickly discovered that many changes had taken place in Utah Territory with the coming of the Army.906 On November 6, 1858 a newspaper called the Valley Tan made its appearance in the valley as a rival to the Deseret News. "The Territory is the common property of the people of the United States," the editor of the Valley Tan proclaimed in its inaugural edition. Then in a tone that would characterize most of its coverage the newspaper proclaimed, "Emigration should be invited and the emigrant should be met not with barricades and bloody hands, but in the spirit of friendship."907 The newspaper was just one of many indications that Brigham Young's grip on the social, political, and economic institutions of the Great Basin was slipping. Other voices would soon join the Valley Tan in advocating for change and some of them would be Mormons. At first, Brigham Young was philosophical about the new competition for space in the Great Basin. In a sermon of November 13, 1858 the Mormon leader noted that 905 Brigham Young to John Bernhisel, January 2, 1859, box 5, volume 5, BYP. 906 Church Historian's Office, Journal, 1844-1849, June 6, 1859, CR 100/1, CHL. 907 Untitled, Valley Tan (Salt Lake City, UT), November 6, 1858. The name of the paper came from a common phrase in use at the time. It had its origin in the home manufacture of leather. Leather made in the territory became known as "valley tan." Soon the phrase came to signify any article manufactured locally as opposed to being imported. See "Our Christening," Valley Tan (Salt Lake City, UT), November 6, 1858. 321 "some say it is a trial of their faith to have the wicked in our midst." Young however professed to be unconcerned. He proclaimed that the presence of such persons would only strengthen the resolve of the Latter-day Saints. Young also noted that some Mormons had decided "to join hands with our enemies." Once again, Young was serene. He considered it to be part of the ongoing sifting process that would separate the sheep from the goats.908 Young's early optimism began to fade however as he realized that the challenge to his power in the Great Basin was growing. Camp Floyd was some forty miles from Salt Lake City, but it still introduced economic competition into a world that had been based on economic cooperation. New merchants arrived who made fortunes supplying the Army.909 Meanwhile, the Mormons eagerly traded with Camp Floyd and were soon competing against each other and cutting prices to get the business of the Army.910 In addition, the business of supplying the soldiers with worldly diversions was spilling over into Latter-day Saint communities - much to the distress of Mormon leaders.911 Camp Floyd would soon exert more than just Brigham Young Discourse, November 13, 1858, box 3, folder 36, Church Historian's Office, Report of Speeches, CR 100/317, CHL. 908 Donald R. Moorman and Gene Allred Sessions, Camp Floyd and the Mormons : The Utah War (Salt Lake City, UT: University of Utah Press, 1992), 262-263. 909 Church Historian's Office, Journal, 1844-1849, December 28, 1860, CR 100/1, CHL. This entry records remarks from Brigham Young "in relation to buying goods from the Gentiles." See also Church Historian's Office, Journal, 1844-1849, July 6, 1861, CR 100/1, CHL. In this entry, Bishop Miller of Provo complains to Brigham Young that some of the Mormons in his jurisdiction were competing against each other in the selling of hay to Camp Floyd. This competition had resulted in hay selling for "$15 or $16 per ton" when they could get "$30 a ton if the brethren had not bid against each other." 910 911 Moorman and Sessions, Camp Floyd and the Mormons, 60. In the Mormon town of Fairfield, gambling houses, saloons, houses of prostitution, and other similar institutions soon appeared for the benefit of the soldiers. There was little Mormon leaders could do in 322 an economic influence however. In the past most Gentiles in Utah Territory had stayed for only a few days - with perhaps a thousand spending the winter before moving on. Now there was a large nontransient population of several thousand Gentiles that consisted of the Army, civilian contractors, and camp followers.912 This group not only challenged the economic and social order of the territory but the political order as well. Soon Young heard rumors that members of the federal judiciary had formed a "Gentile clique" to plot against him. There were disturbing signs they intended to use the courts to prosecute Mormon leaders for past crimes.913 Young and the Apostles soon discovered that federal Grand Juries now had more Gentile members than Mormons even though the Latter-day Saints continued to dominate the population of the territory.914 In addition, the federal judges were once again challenging the jurisdiction of the probate courts.915 They were investigating the possible view of the popularity of these businesses to some three thousand soldiers at the adjacent Camp Floyd. 912 Rogers, Unpopular Sovereignty, 240. 913 Brigham Young to George Q. Cannon, December 24, 1858, box 3, volume 5, BYP. Young complains of a clique that was comprised of federal judges, merchants, and other non-Mormons. Young claims that the Valley Tan, which he calls "that miserable little sheet," was supporting this Gentile clique in an attempt to "revive old issues and keep alive the excitement against us." See also Church Historian's Office, Journal, 1844-1849, February 26, 1859, CR 100/1, CHL. In this entry, Young complains that the Gentile clique had conspired to hold an investigation of the Mountain Meadows Massacre at Camp Floyd - an action Young considered illegal. Church Historian's Office, Journal, 1844-1849, October 4, 1858, CR 100/1, CHL. This is a list of the twenty-four members of the Grand Jury that indicates that only ten members were Mormons. 914 915 Brigham Young to George Q. Cannon, December 24, 1858, box 3, volume 5, BYP. 323 involvement of Mormon leaders in crimes such as the Mountain Meadows Massacre. One judge in particular was so determined to prosecute prominent Latter-day Saints that he nearly sparked a civil war between the Mormons and the U. S. forces stationed at Camp Floyd.916 In March of 1859 Judge John C. Cradlebaugh convinced Colonel Johnston to provide him with several companies of soldiers to protect witnesses and detain suspects during a Grand Jury inquiry in Provo into unsolved crimes. The Colonel was more than happy to comply with the Judge's request. When the Court convened in Provo on March 8, 1859, residents were outraged to discover that soldiers were camped in the town proper. Fights quickly broke out between the Army and the Mormons. In response, Colonel Johnston reinforced the detachment with even more soldiers and artillery to intimidate the Mormons.917 The military escalation proved to be a disastrous mistake. Johnston's actions only reminded the Latter-day Saints of the vigilante forces that had sacked Nauvoo in 1846. Instead of cowing the residents into submission, Johnston was provoking the Mormons to violence. Brigham Young demanded that Governor Cumming intervene in the crisis in Provo. He threatened to take over the Government and repel the U. S. troops with Mormon militia forces if Cumming did not act.918 In response, the Governor sided with the Mormons and ordered the troops back to their barracks. 916 Turner, Brigham Young, Pioneer Prophet, 305-308. Church Historian's Office, Journal, 1844-1849, March 8, 1859, CR 100/1, CHL. This entry lists the number of soldiers in Provo as 110 and notes the clashes with local residents. See also Turner, Brigham Young, Pioneer Prophet, 305-308. 917 Wilford Woodruff, Historian's Private Journal, March 21, 1859, series 12, box 39, folder 1, Leonard Arrington Collection, LJAHA COL 1, USU. 918 324 Johnston refused however. He claimed the Governor had no authority over the Army. Finally, the two men agreed to write a joint letter to the President asking for instructions. In a victory for the Mormons, the Buchanan Administration sided with the Governor in a letter dated May 17, 1859 and Johnston's forces returned to Camp Floyd.919 While the decision was exactly what the Mormons had hoped for, the army remained. Meanwhile, Gentile officers controlled the government. Brigham Young wanted more than ever to find a way to get Congress to grant statehood to Utah so that he could have the complete autonomy he had long sought. The Mormons would have to overcome their reputation as rebels and troublemakers first however. The unsolved case of the Mountain Meadows Massacre also cast a long shadow over Mormon attempts to achieve statehood.920 Once again, Bernhisel would play a key role in a renewed effort to remake the image of the Mormons before Congress and the nation. While Bernhisel was no longer an official representative of the Mormons, he still had influence with both Brigham Young and the power brokers of the East. When his friend Horace Greeley, the crusading editor of the New York Tribune, passed through the valley on his way to California, the doctor arranged for him to meet with Brigham Young.921 It was the first newspaper interview that the Mormon leader had ever granted. Greeley wrote three articles for the New York Tribune based on his visit to Utah Territory. They proved to be a sympathetic portrayal of the Latter-day Saints. They also "Affairs in Utah," Valley Tan, June 29, 1859. See also Turner, Brigham Young, Pioneer Prophet, 305-308. 919 920 Turley Jr., Johnson, and Carruth, Mountain Meadows Massacre, 6. "An Overland Journey: Two Hours with Brigham Young," New York Tribune, August 20, 1859. 921 325 proved to be influential in helping to rehabilitate the image of the Latter-day Saints after their confrontation with the Army. On July 13, 1859 Greeley met with Young and other Mormon leaders for two hours. Greeley found Young to be good humored and candid. He also found that all the other Mormon leaders were more like "honest laborers" than the "crafty hypocrites or swindlers" that many people in the East imagined them to be. Meanwhile, Young showed some aplomb in answering Greeley's questions. When asked to comment on the aversion most people felt toward polygamy, the Mormon leader responded "They could not be more averse to it than I was when it was first revealed to us as the Divine Will." When questioned on slavery, Young responded saying it was a "Divine institution" but that Utah intended to enter the Union as a free state since slavery would "prove useless and unprofitable" in the Great Basin. When asked why so many people despised the Mormons, Young replied it had always been thus with "God's ministers, prophets, and saints in all ages."922 Greeley also visited the city and spoke with its residents. Once again, his depiction of the Mormons was largely sympathetic. Greeley stated that "the Mormons are in the main an industrious, frugal, hard-working people." He suggested that the Army had been a bad influence on the Latter-day Saints however. Greeley stated that "formerly they drank little or no Liquor; but since the Army came in last year, money and whisky have both been more abundant, and now they drink considerably." Greeley noted how hard the Mormons had to work to coax a crop from the unyielding soil of the Great Basin. "The "An Overland Journey: Two Hours with Brigham Young," New York Tribune, August 20, 1859. 922 326 adults here generally wear a toil-worn, anxious look, and many of them are older in frame than in years," Greeley wrote. The crusading newspaper editor also suggested that polygamy was an economic disadvantage to the Latter-day Saints that the Mormons would gladly give up. "There will be a new revelation, ere many years" Greeley confidentially wrote.923 Lastly, Greeley visited Camp Floyd. He reported that almost without exception, the soldiers and officers believed "the Mormons as a body to be traitors to the Union and its Government."924 Greeley disputed their harsh comments however and defended the Latter-day Saints. Once again, he portrayed them as a people who had been misunderstood. It seemed that others in the East were coming to the same conclusion. Washington was gradually reconsidering the threat that the Mormons posed to the country. During the last year of the Buchanan Administration, the President withdrew all but about three hundred soldiers from Utah Territory. The outbreak of the Civil War led to the complete closure of the military post. The last remaining soldiers left on July 27, 1861.925 As one State after another seceded from the Union following the election of Abraham Lincoln, the Mormons found themselves at a crossroads in their relationship with Washington. In response, Brigham Young dropped a bombshell that no one expected. He hoped it would finally lead to statehood for Utah Territory. "An Overland Journey: Salt Lake and its Environs," New York Tribune, September 3, 1859. 923 924 "An Overland Journey: The Army in Utah," New York Tribune, August 27, 1859. 925 Moorman and Sessions, Camp Floyd and the Mormons, 272-276. 327 Bernhisel and Lincoln After an absence of one term, Mormon leaders once again turned to Bernhisel to represent them in Washington. His primary charge was to use the Civil War as an opportunity to get Congress to admit Utah Territory as a State. On December 6, 1861 the doctor went to meet with Abraham Lincoln. When he arrived at the White House, Bernhisel found "a number of gentlemen in the ante room waiting to see the President." When Lincoln began receiving visitors however he asked to meet with Bernhisel first. Undoubtedly the reason Lincoln was so anxious to meet with the doctor was the fact that Bernhisel was probably one of the few men in the anteroom who was the bearer of good news for the beleaguered President.926 Abraham Lincoln welcomed Bernhisel warmly and seemed impressed with the distinguished doctor. For his part, Bernhisel described Lincoln as an "affable and agreeable" individual who "had the appearance and reputation of being an honest man." The doctor then wryly noted that the President is "popular with all parties except the secessionists." Nonetheless, Bernhisel found Lincoln to be a warm and good-humored individual who was anxious to talk with the doctor about Utah Territory.927 It seemed that Brigham Young had sent a recent telegram that had surprised both Washington and the nation. A few weeks prior to Bernhisel's meeting with Abraham Lincoln, the first transcontinental telegraph had gone into service. On October 18, 1861 Brigham Young had the honor of sending the first message from the telegraph office in Salt Lake City. 926 John Bernhisel to Brigham Young, December 12, 1861, box 61, folder 3, BYP. 927 John Bernhisel to Brigham Young, December 12, 1861, box 61, folder 3, BYP. 328 Young's message had included the words "Utah has not seceded, but is firm for the constitution and laws of our once happy country."928 Bernhisel was more than happy to discuss Young's dispatch with the President. Needless to say, Lincoln was gratified with the Mormon leader's message and Young's decision to disavow the practice of seceding from the Union. Members of Congress were also pleased - and surprised. It seemed that the brief telegram had dramatically altered attitudes in Washington toward the Mormons. Apparently, Young's message had caught many in Congress off guard. Upon hearing the news, one member of the House told Bernhisel "if you are only loyal to the Union, we will let you alone, and you may have fifty wives apiece if you wish."929 Others echoed similar sentiments. The doctor wrote to Brigham Young saying that the feeling in Congress "was never before so kindly as at present."930 It seemed that the groundwork was now set for the possible admission of Utah into the Union. In a letter of January 3, 1862 Bernhisel informed Young, that "we as a people were never before so popular as we are at present."931 The good feelings would not last however. It seemed that Brigham Young could not refrain from provocative words and actions for very long. In the absence of any U. S. forces in the Great Basin, the Mormons took greater liberties in showing their displeasure with certain Presidential appointees. On December 30, 1861 Young wrote to Bernhisel that three federal officers were about to 928 "The Pacific Telegraph Line," New York Herald, October 18, 1861. 929 John Bernhisel to Brigham Young, January 10, 1862, box 61, folder 5, BYP. 930 John Bernhisel to Brigham Young, December 12, 1861, box 61, folder 3, BYP. 931 John Bernhisel to Brigham Young, January 31, 1862, box 61, folder 3, BYP. 329 leave the territory. One of them, Governor John W. Dawson, had only been in Utah for three weeks. The Mormon leader told the doctor that he was unaware of what the men might say about their experiences among the Mormons. However, Young expressed his confidence that Bernhisel would "meet and head off any evil influence of theirs."932 It was a development that was all too familiar to the doctor. Not surprisingly, the returning officials reported that Mormon leaders had been uncooperative with the Gentile officers and had exhibited a rebellious attitude toward the federal government. Young responded to the controversy with the observation that Congress and President Lincoln could avoid such episodes if only they would "appoint from residents of our selection, or, better still, permit us to elect our own officers, or, still more just, admit us at once into the Union."933 Young then held a constitutional convention in the territory to once again create the "State of Deseret." Voters elected George Q. Cannon and William Hooper to serve as senators. Cannon and Hooper subsequently appeared in the Senate chambers requesting to be seated. They argued that admitting Deseret as a state was a right rather than a privilege. They fully expected Congress to conduct a vote post haste. Congress did not admit Deseret to the Union. They did pass the Morrill Anti-Bigamy Act however.934 The resulting antipolygamy crusade would plague the Mormons for the rest of the century. Tied as it was to the practice of slavery, polygamy made the Mormons appear to 932 Brigham Young to John Bernhisel, November 29, 1862, box 6, volume 6, BYP. 933 Brigham Young to John Bernhisel, December 30, 1861, box 6, volume 6, BYP. 934 Andrew Love Neff and Leland Hargrave Creer, History of Utah, 1847-1869 (Salt Lake City, UT: Deseret News Press, 1940), 673-676. See also Rogers, Unpopular Sovereignty, 286-288. 330 be a barbarous people unfit for self-government. Likewise, the Mountain Meadows Massacre reinforced this image and cast a dark shadow over Bernhisel's efforts to achieve statehood. "This atrocious affair has done us, and still continues to do us as a people, incalculable injury," Bernhisel wrote to Mormon leaders.935 Meanwhile, Abraham Lincoln was quickly adapting to the realities of dealing with Brigham Young and the Mormons. Bernhisel noted that "the President appears to take matters and things very easy; neither the war nor anything else seems to trouble him."936 Lincoln seemed to take Brigham Young's bellicose rhetoric in stride and dealt with Utah Territory judicially. When the Mormons demanded the removal of newly appointed Governor Stephen S. Harding, Lincoln obliged and transferred him to Colorado to fill a vacancy on the Supreme Court there. However, Lincoln refused to appoint Brigham Young in his place. Instead, he appointed Superintendent of Indian Affairs James Doty - a man who had demonstrated the ability to get along with the Mormons. Somewhat begrudgingly, Mormon leaders accepted the compromise.937 Lincoln also concluded that a successful relationship with the Mormons required a permanent military presence in Utah Territory. Therefore, on October 26, 1862, the Army established a military post on a bluff overlooking Salt Lake City. The commanding officer, Colonel Patrick Connor named the military post "Camp Douglas" in honor of the late Stephen A. Douglas - an irony that was not lost on Mormon leaders. When Young returned from a visit to Mormon settlements in the northern part of the territory, he 935 John Bernhisel to Brigham Young, July 11, 1862, box 61, folder 6, BYP. 936 John Bernhisel to Brigham Young, January 24, 1862, box 61, folder 5, BYP. 937 Turner, Brigham Young, Pioneer Prophet, 329. 331 discovered hundreds of soldiers just a few miles from his home. He wrote to Bernhisel instructing him to ask the President "why are they where they are" and to get Lincoln to remove them.938 Bernhisel saw the President and passed along the concerns of Brigham Young. Lincoln responded with a hastily written note for the doctor to carry to Secretary of War Stanton that said "please see Dr. Bernhisel of Utah, who thinks a regiment of troops at Salt Lake are not needed there & might go elsewhere."939 It appears however that Lincoln was only humoring the Mormons. Five months later, Young noted that Patrick Connor and his soldiers were still ensconced at Camp Douglas. Once again Young wrote to Bernhisel asking "why does not Mr. Stanton see that they are ordered to where they can be of some benefit?"940 The soldiers however would not go away this time. It seemed that a new chapter had opened in the conflict between the Mormons and the federal government. In the midst of the Civil War new realities had begun to emerge in the relationship between the Latter-day Saints and the nation. America was forced to recognize that it was not practical to drive the Mormons from their settlements in response to anxieties about their beliefs, actions, or intentions. The Latter-day Saints were in the Great Basin to stay. Meanwhile, the U. S. Army was also in the Great Basin to stay. Their perpetual presence assured that Mormon Nationalism would erode and a new political order would emerge. 938 Brigham Young to John Bernhisel, November 29, 1862, box 6, volume 6, BYP. 939 Abraham Lincoln to Secretary of War Stanton, December 22, 1862, folder 3, John Milton Bernhisel Papers, MS 370, CHL. 940 Brigham Young to John Bernhisel, March 28, 1863, box 6, volume 6, BYP. 332 The rough equilibrium of power proved to be the beginning of a long twilight struggle between the centrifugal forces of Mormonism seeking to cut every thread with the outside world and centripetal forces of a broken but still mighty nation drawing them back in. It was a struggle Bernhisel would no longer try to arbitrate. He had worn himself out in the service of his adopted religion. He had been instrumental in putting an end to the escalating cycle of violence that had threatened to destroy the Latter-day Saints as a people. He had helped bring about an uneasy peace that allowed the Mormons to survive their frontier past. Peace had come with a price however. Brigham Young had led the Latter-day Saints into the West hoping to create a society separate from other peoples and polities. Such a dream could no longer be realized. The Mormons would be forced to become like other Americans. Their assimilation would be so complete that one day they would become known as one of the most typically American of peoples to come out of the West. CHAPTER XII CONCLUSION John Bernhisel arrived back in the Great Basin on June 2, 1863 - never again to return to Congress. Ironically, Mormon leaders chose John F. Kinney to replace him. They never discovered that Kinney had secretly written letters to the White House in 1857 calling into question Brigham Young's loyalty to the Union and recommending that President James Buchanan station soldiers in Utah Territory. Instead, they continued to point to Kinney as someone who was sympathetic to the Latter-day Saints and who would vouch for the loyalty of Mormon leaders.941 Now that he was no longer in Congress, Bernhisel resumed his career as a physician. He worked out of his home in Salt Lake City for the remaining eighteen years of his life.942 Bernhisel never rose in the Church hierarchy but he still had influence in business and political affairs. When Brigham Young created a retail establishment to undercut Gentile merchants, Bernhisel became its vice president.943 When dignitaries 941 For generations, the Mormons portrayed Kinney as a friend and ally to the Latter-day Saints. See Roberts, Comprehensive History of the Church of Jesus Christ of the Latter Day Saints, 4:195, 4:195n19. The truth was far different however. See John F. Kinney to Jeremiah S. Black, circa 1857, USDOJ. 942 Barrett, "John M. Bernhisel, Mormon Elder in Congress," 190-191. "Z. C. M. I.," Salt Lake Herald (Salt Lake City), October 8, 1872. See also Turner, Brigham Young, Pioneer Prophet, 354-355. Brigham Young had established Zion's Cooperative Mercantile Institution as a vehicle for the Latter-day Saints to pool their money and purchase goods in bulk from the East. Z. C. M. I. would then sell the goods 943 334 visited Utah Territory, the distinguished physician joined Mormon leaders in hosting them. Bernhisel made a particularly strong impression on the party of Schuyler Colfax, the Speaker of the House of Representatives, who visited Utah Territory on June 14, 1865. A member of Colfax's party compared the doctor to John Quincy Adams and described him as a Gentleman of respectability saying, "Dr. Bernhisel has an air of culture and refinement peculiar among his associates." He also described the doctor as a man who appeared to be much older than his age.944 Bernhisel's service in representing the Latter-day Saints had taken its toll. For some twenty years he had been in the middle of the Mormon conflict. He had enjoyed the honor of learning about the American Zion firsthand from Joseph Smith but had also seen Mormon Nationalism ignite a cycle of violence that threatened to destroy the Latter-day Saints as a people. It seemed that the Mormons were trapped in a predicament that resisted resolution. On the one hand, the Latter-day Saints felt established governments had failed them, but on the other hand they discovered that operating their own form of government created violent conflicts with their neighbors on the frontier. It was a dilemma that Bernhisel understood all too well. During his youthful travels through Trans-Appalachia, Bernhisel had observed the weaknesses of the social, political, and economic institutions of the West. Frontier governments had struggled to establish law and order for the rapidly expanding cheaper than the Gentile merchants could in an effort to keep Mormon money in Mormon hands. Samuel Bowles, Across the Continent : A Summer's Journey to the Rocky Mountains, the Mormons, and the Pacific Coast, with Speaker Colfax (Springfield, MA.: S. Bowles & Co., 1865), 79-87. 944 335 population of the region. Meanwhile, poorly understood market forces had led to financial collapses that hit the struggling economies of new western settlements. In addition, the frontier often attracted competing cultures who fought for space and employed violence to resolve conflicts in the absence of the controlling influence of established governments. The Mormons had responded to these problems with the creation of an alternative form of government that emphasized economic cooperation, political harmony, and military force - all under the control of Church leaders. Nevertheless, the Latter-day Saints were not the only ones in the West creating alternative forms of government to compensate for the failing institutions of the frontier. Mormon neighbors often operated private militias, colluded on land rights, and formed vigilance committees to establish order. In addition, they claimed that as the original settlers of the land that they enjoyed certain rights that were not articulated in law. This included the cultural control of the region. Not surprisingly, the Mormons and their neighbors frequently came into violent conflict. With both state and federal governments unable or unwilling to maintain order, majority rule substituted for the rule of law. Consequently, the Mormons' neighbors repeatedly drove the Latter-day Saints from their settlements - suggesting that they find a land far from other Euroamericans to establish their American Zion. In response, the Mormons settled in the Great Basin only to find that they had traded conflicts with frontier settlers for a far more dangerous conflict with Washington - one that Bernhisel had the task of mediating. At the heart of the rising conflict was Brigham Young. Through Bernhisel's eyes we gain unique insights into the fire and fury of the Mormon leader - a man who shaped and shook the West. Through his force of 336 personality, Brigham Young was able to harness the Latter-day Saints to build flourishing settlements in the desert. While Young's intention had been to create a homeland for the Mormons, he had also made the Great Basin a suddenly strategic thoroughfare that demanded Washington's attention. The attempt of the federal government to exert authority over the Latter-day Saints only ignited the wrath of Young and the Apostles however. Through Bernhisel's eyes we see that the conflict between the Mormons and the federal government began long before their arrival in the Great Basin. The violent experiences of Missouri and Illinois had scarred the Latter-day Saints for generations to come. Moreover, the federal government had consistently refused to intervene in these conflicts - citing constitutional limits on Washington's power. The resulting loss of lands and lives created intense feelings of resentment when the federal government attempted to assert control over Mormon settlements in the Great Basin. The Latter-day Saints and their leaders repeatedly vented their anger at the federal officials assigned to the territory - actions that Washington interpreted as disloyalty to the Union. Bernhisel managed to keep the conflict from exploding into violence for several years. His success only encouraged Young and the Apostles to become more strident in their attempts to cut all ties to Washington however. The fury of Mormon leaders over the growing power of the federal government made Bernhisel's life in Congress a nightmarish experience. Young's force of personality was soon harnessing Mormon anger and resentment in destructive ways - pushing the Latter-day Saints to the brink of armed conflict. Bernhisel often found himself alone - standing in the path of danger. 337 Bernhisel's letters demonstrate that the conflict with Washington escalated during the Presidency of Franklin Pierce - moving it beyond a war of words to a show of force. Pierce appointed few Mormons as territorial officers, and those he did appoint were Latter-day Saints that Young and the Apostles considered to be disloyal. He also appointed judges who clashed with the local probate courts leading to a contest for power. Brigham Young responded with force, ordering the arrest of one federal judge and telling the Latter-day Saints not to cooperate with the federal judiciary. The stage was now set for an armed confrontation under the administration of James Buchanan - a new President who quickly underestimated the resolve of Mormon leaders. For more than a decade Bernhisel had tried to negotiate Mormon theopolitical goals with the reality of Washington power. Mormon leaders were not willing to compromise however. Their theocratic form of government answered their religious designs as well as the needs of the frontier while Washington's solutions often proved unworkable and inefficient. In addition, the Latter-day Saints could not contain their anger over the failure of the federal government to intervene in the conflicts of the past. The Mormons were soon demanding autonomy and threatening to expel federal officials who did not meet with their approval. The threat seemed to invite military intervention. Bernhisel had repeatedly dissuaded Congress and the President from sending troops to the Great Basin in the past but by the time James Buchanan became President the Mormons and Washington could not seem to avoid flirting with an all-out war. Nonetheless, just when bloodshed seemed inevitable, both sides sought a peaceful resolution. Bernhisel had not resolved the conflict between the Mormons and Washington - 338 but he had bought time for both sides to reach an accommodation. The result was a framework for peace in which the United States would have to accept the Mormons as a permanent fixture in Utah Territory and the Mormons would have to accept the permanent presence of the U. S. Army in their settlements. Soon the power of the federal government increased and Mormon Nationalism began to fall. In addition, the completion of the first transcontinental railroad marked the end of Mormon isolation - a key ingredient in making the American Zion a reality. Meanwhile, Congress reduced the size of Utah Territory and increased pressure on Mormon leaders to end the practice of polygamy. Young and the Apostles resisted these changes but increasingly lost ground.945 It was only after the death of Brigham Young that Church leaders made the concessions that would allow future generations of Latterday Saints to embrace American social, political, and economic institutions in a way that early Mormon leaders could scarcely have imagined, but Bernhisel would not live to see that day.946 Dr. John Milton Bernhisel died on September 28, 1881 in Salt Lake City after a short illness. His final years had been difficult ones. He had lost much of his wealth due to his investments in unsuccessful mining ventures. 947 His health was broken and he was bowed down with age. He no longer seemed engaged in the conflicts Mormon leaders had with outsiders. 945 Turner, Brigham Young, Pioneer Prophet, 339-341. 946 Turner, Brigham Young, Pioneer Prophet, 408-409. "The Late Honorable John M. Bernhisel," Deseret Evening News (Salt Lake City), October 26, 1881. 947 339 Joseph Smith III visited the doctor a short time before his death. Joseph Smith's eldest son was now the leader of a rival Mormon faction that challenged the legitimacy of Latter-day Saint leaders in the Great Basin and denounced polygamy as a false doctrine. Young Joseph noted that unlike other Utah Mormons however Bernhisel "did not venture a criticism of what I had done, nor did he attempt a defense of the institutions prevalent in Utah." Instead, Bernhisel "contented himself with a friendly conversation concerning the family and affairs at Nauvoo after he left the city and expressed a pleasure and satisfaction in thus being permitted to meet me again in the flesh."948 When Bernhisel's obituary appeared in the Deseret News the article apologized for not having provided a proper tribute to the doctor's life. It appeared that Bernhisel had never responded to requests from Church leaders for autobiographical information. The obituary explained that a more complete account of Bernhisel's life would be valuable to readers "but we know not where to find the necessary details." Instead, the author of the obituary relied on his personal recollections of Bernhisel. He recounted the many times he had seen the distinguished physician "as he quietly and unobtrusively glided along the streets." He noted that Bernhisel's striking appearance and gentlemanly manners had never failed to invoke feelings of respect for the unassuming doctor. "Modestly and quietly he pursued his journey along the walks of life, and as silently has passed on to the life beyond."949 948 Anderson, Memoirs of Joseph Smith III, 1329-1330. "The Late Honorable John M. Bernhisel," Deseret Evening News (Salt Lake City), October 26, 1881. 949 BIBLIOGRAPHY Abbreviations BANCROFT Bancroft Library, University of California at Berkeley. BRISCOE Briscoe Center for American History, University of Texas at Austin. BYP Brigham Young Office Files, CR 1234/1, Church History Library, Church of Jesus Christ of Latter-day Saints, Salt Lake City, Utah. CCA Community of Christ Archives, Independence, Missouri. CHL Church History Library, Church of Jesus Christ of Latter-day Saints, Salt Lake City, Utah. CHOLC Church Historian's Office, Letterpress Copybooks 1854-1879, 1885-1886, CR 100/38, Church History Library, Church of Jesus Christ of Latter-day Saints, Salt Lake City, Utah. COE Coe Collection, Beinecke Library, Yale University. FHL Family History Library, Salt Lake City, Utah. JWML Special Collections, J. Willard Marriott Library, University of Utah. KANE Thomas L. Kane and Elizabeth W. Kane Collection, VMSS 792, L. Tom Perry Special Collections, Harold B. Lee Library, Brigham Young University. LTPSC L. Tom Perry Special Collections, Harold B. Lee Library, Brigham Young University. MSA Missouri State Archives, Office of the Secretary of State, Jefferson City, Missouri. 341 NARA National Archives and Records Administration, Washington, D. C. USDOJ Appointment Records and Attorney General's Papers Relating to Utah Judges, United States Department of Justice, National Archives, microfilm copy MS 8279 at Church History Library, Church of Jesus Christ of Latter-day Saints, Salt Lake City, Utah. USHS Utah State Historical Society, Salt Lake City, Utah. USU Special Collections, Merrill-Cazier Library, Utah State University. 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