Judge Drummond, as the reader is aware, succeeded Judge
Shaver as Associate Justice of Utah. He was considerable of such a character as
Judge Brocchus, with the odds perhaps in favor of the latter. Like him,
Drummond, from the first, seemed bent upon antagonizing the Mormon community.
He declared in open court at Fillmore that the laws of the Territory were
founded in ignorance, and not content with that; sought to abrogate some of the
most important of those laws. Like other Federal officials, he found much fault
with the Legislature for investing the probate courts with an extended and
unusual jurisdiction,—an act rendered necessary, it will be remembered, by the
unceremonious departure from Utah of the Federal Judges in the fall of 1851;
also for creating the offices of Territorial Marshal, Attorney-General and
District Attorneys. He declared that he would set aside the findings of the
probate courts in all cases other than those which he considered lay strictly
within their jurisdiction, and denied the authority of the Legislature to
clothe the probate courts with powers in excess of those commonly exercised by
such tribunals. Associate Justice Stiles, who was an apostate Mormon, sided
with Drummond in this matter and became [p.578] in consequence almost as
unpopular. On the other hand Chief Justice Kinney held that the Legislature had
not exceeded its authority under the organic act in giving the probate courts
extended jurisdiction, and emphasized it by confirming their decisions. Judge
Shaver was of the same opinion. Congress, also, to whom this act and all other
acts of the Legislature had been submitted, had tacitly approved and confirmed
it. Nevertheless, had Judge Drummond been a gentleman as well as a critic, and
gone about the correction of what he deemed an error of the law-makers in a
polite and proper manner, little or no fault would have been found with him in
return. But unfortunately he was not a gentleman, and his course, even had it
been correct in principle, could not but result in rendering him unpopular.
Orson F. Whitney, History of Utah, Vol. 1, p.578
But his offensive conduct did not end there. Whether, like
Brocchus, he accused the Mormons of being unvirtuous, does not appear.
Doubtless he thought they were, for he condemned their institution of polygamy.
He could not, however, complain, like his prototype, that "polygamy
monopolized all the women;" for he had taken care to bring a woman with
him from the States—a woman not his wife—with whom he traveled around the
Territory, and of whom he showed himself so fond that he would not forego her
society even while attending to business. He actually had her sit with him upon
the bench while he dispensed law to the "ignorant and un-virtuous"
Mormons, and lectured them upon the short-comings of their legislators. This
woman, a common courtezan, whom Judge Drummond thus enthroned as a very goddess
of justice, he had introduced, on arriving in Utah, as his wife. Subsequently,
a relative of the real Mrs. Drummond, residing in Utah, seeing the published
notice of that lady's arrival, called to see her and discovered the disgraceful
truth. Judge Drummond, it was found, had left his wife and family in Illinois,
and on his way west had picked, up a common prostitute and brought her across
the plains. The exposure caused all Utah to ring with his shame. The Mormons
thoroughly despised him, and most of the local Gentiles looked upon him, with
[p.579] contempt.a Drummond faced it all for a season, continuing to consort
with his paramour, and evidently quite unabashed at the discovery of his moral
degradation. But finally the social ostracism it entailed proved too much for
him, and he concluded to resign his office and leave the Territory.
Orson F. Whitney, History of Utah, Vol. 1, p.579
As desperadoes, hunted down, cornered and about to be
captured or killed, have been known to arrange their weapons so as to slay or
wound as many of their pursuers as possible, so Judge Drummond, in collusion
with others, planned that his resignation should injure as much as possible the
people of Utah in the eyes of the nation. Perhaps, like blind Samson in the
pillared temple of the Philistines, he felt willing to sacrifice himself, if by
so doing the Mormons might perish also. It is more than probable, however, that
he had no thought of self-sacrifice at all, but hoped rather to forestall
further disgrace when the Government should learn of his conduct, and build
himself up on the ruins of the people whom he hated.
Orson F. Whitney, History of Utah, Vol. 1, p.579
Accordingly, not long after the Magraw letter was written
and sent to Washington,—a letter promising in "glittering
generalities" Certain startling disclosures in detail regarding the
iniquities of the Latter-day Saints,—Judge Drummond, who was evidently Magraw's
co-conspirator, set about carrying into effect his part of the program for
bringing fire and sword against the peaceful valleys of Utah. Late in 1856, or
early in the year following, the Judge went to Carson County to hold court. At
least such was his pretense, though not, as soon appeared, his true purpose. In
reality he was bidding Utah farewell. Crossing the Sierras and reaching the
Pacific coast he was next heard from through the California papers, whose
columns he filled with splenetic assaults upon the Mormon people. Proceeding
[p.580] eastward by a southern route, early in the spring he reached New.
Orleans, and from that point despatched the following letter, enclosing his
resignation, to the Attorney-General at Washington:
NEW ORLEANS, LA., April 2, 1857.
Orson F. Whitney, History of Utah, Vol. 1, p.580
DEAR SIR: When I started for my home in Illinois, I designed
reaching Washington before the executive session adjourned, but could not
accomplish the long and tedious journey in time; thence I concluded to come
this way, and go up the Mississippi River to Chicago.
Orson F. Whitney, History of Utah, Vol. 1, p.580
You will see that I have made bold charges against the
Mormons, which I think I can prove without doubt. You will see by the contents
of the enclosed paper, wherein is inserted my resignation, some of the reasons
that induced me to resign. I now refer you to Hon. D. W. Burr, Surveyor-General
Of Utah Territory; Hon. Garland Hurt, Indian Agent; also C. L. Craig, Esq.; D.
L. Thompson, Esq.; John M. Hockaday, Esq.; John Kerr, Esq., Gentiles of Great
Salt Lake City, for proof of the manner in which they have been insulted and
abused by the leading Mormons for two years past. I shall see you soon on the
subject.
In haste, yours truly,
W. W.
DRUMMOND.
Hon. Jeremiah S. Black, Attorney-General, etc.
RESIGNATION OF JUDGE DRUMMOND.
Orson F. Whitney, History of Utah, Vol. 1, p.580
March, 30, 1857.
Orson F. Whitney, History of Utah, Vol. 1, p.580
MY DEAR SIR: As I have concluded to resign the office of
Justice of the Supreme Court of the Territory of Utah, which position I
accepted in A. D. 1854, under the administration of President Pierce, I deem it
due to the public to give some of the reason why I do so. In the first place,
Brigham Young, the Governor of Utah Territory, is the acknowledged head of the
"Church of Jesus Christ of Latter-day Saints," commonly called
"Mormons ;" and, as such head, the Mormons look to him, and to him
alone, for the law by which they are to be governed: therefore no law of
Congress is by them considered binding in any manner.
Orson F. Whitney, History of Utah, Vol. 1, p.580
Secondly. I know that there is a secret oath-bound
organization among all the male members of the Church to resist the laws of the
country, and to acknowledge no law I save the law of the "Holy
Priesthood," which comes to the people through Brigham Young direct from
God; he, Young, being the viceregent of God and Prophet, viz: successor of
Joseph Smith, who was the founder of this blind and treasonable organization.
Orson F. Whitney, History of Utah, Vol. 1, p.580
Thirdly. I am fully aware that there is a set of men, set
apart by special orders of the Church, to take both the lives and property of
persons who may question the authority of the Church; the names of whom I will
promptly make known at a future time.
Orson F. Whitney, History of Utah, Vol. 1, p.580
Fourthly. That the records, papers, etc., of the Supreme
Court have been destroyed by order of the Church, with the direct knowledge and
approbation of Governor B. Young, and the Federal officers grossly insulted for
presuming to raise a single question about the treasonable act.
Orson F. Whitney, History of Utah, Vol. 1, p.581
[p.581] Fifthly. That the Federal officers of the Territory
are constantly insulted, harassed, and annoyed by the Mormons, and for these
insults there is no redress.
Orson F. Whitney, History of Utah, Vol. 1, p.581
Sixthly. That the Federal officers are daily compelled to
hear the forms of the American Government traduced, the chief executives of the
nation, both living and dead, slandered and abused from the masses, as well as
from all the leading members of the Church, in the most vulgar, loathsome, and
wicked manner that the evil passions of men can possibly conceive.
Orson F. Whitney, History of Utah, Vol. 1, p.581
Again: That after Moroni Green had been convicted in the
District Court before my colleague, Judge Kinney, of an assault with intent to
commit murder, and afterwards, on appeal to the Supreme Court, the judgment
being affirmed and the said Green being sentenced to the penitentiary, Brigham
Young gave a full pardon to the said Green before he reached the penitentiary;
also, that the said Governor Young pardoned a man by the name of Baker, who had
been tried and sentenced to ten years' imprisonment in the penitentiary, for
the murder of a dumb boy by the name of White House, the proof showing one of
the most aggravated cases of murder that I ever knew being tried; and to insult
the Court and Government officers, this man Young took this pardoned criminal
with him, in props person, to church on the next Sabbath after his conviction;
Baker, in the meantime, having received a full pardon from Governor Brigham
Young. These two men were Mormons. On the other hand, I charge the Mormons, and
Governor Young in particular, with imprisoning five or six young men from
Missouri and Iowa, who are now in the penitentiary of Utah, without those men
having violated any criminal law in America. But they were anti-Mormons—poor,
uneducated young men en route for California; but because they emigrated from
Illinois, Iowa, or Missouri, and passed by Great Salt Lake City, they were
indicted by a Probate Court, and most brutally and inhumanly dealt with, in
addition to being summarily incarcerated in the saintly prison of the Territory
of Utah. I also charge Governor Young with constantly interfering with the
Federal Courts, directing the grand jury whom to indict and whom to not; and
after the judges charge the grand juries as to their duties, that this man Young
invariably has some member of the grand jury advised in advance as to his will
in relation to their labors, and that his charge thus given is the only charge
known, obeyed, or received by all the grand juries of the Federal Courts of
Utah Territory.
Orson F. Whitney, History of Utah, Vol. 1, p.581
Again, sir, after a careful and mature investigation, I have
been compelled to come to the conclusion, heart-rending and sickening as it may
be, that Captain John W. Gunnison, and his party of eight others, were murdered
by the Indians in 1853, under the orders, advice and direction of the Mormons;
that my illustrious and distinguished predecessor, Hon. Leonidas Shaver, came
to his death by drinking poisoned liquors, given to him under the order of the
leading men of the Mormon Church in Great Salt Lake City; that the late
secretary of the Territory, A. W. Babbitt, was murdered on the plains by a band
of Mormon marauders, under the particular and special order of Brigham Young,
Heber C. Kimball and J. M. Grant, and not by the Indians, as reported by the
Mormons themselves, and that they were sent from Salt Lake City for that
purpose, and that only; and as members of the Danite Band they were bound to do
the will of Brigham Young as the head of the church, or forfeit their own
lives. These reasons, with many others that I might give, which would be too
heart-rending to insert in this communication, have induced me to [p.582]
resign the office of justice of the Territory of Utah, and again return to my
adopted State of Illinois.
Orson F. Whitney, History of Utah, Vol. 1, p.582
My reason, sir, for making this communication thus public
is, that the Democratic party, with which I have always strictly acted, is the
party now in power, and, therefore, is the party that should now be held
responsible for the treasonable and disgraceful state of affairs that now
exists in Utah Territory. I could, sir, if necessary, refer to a cloud of
witnesses to attest the reasons I have given, and the charges, bold as they
are, against those despots, who rule with an iron hand their hundred thousand
souls in Utah, and their two hundred thousand souls out of that notable
Territory; but I shall not do so, for the reason that the lives of such
gentlemen as I should designate in Utah and in California, would not be safe
for a single day.
Orson F. Whitney, History of Utah, Vol. 1, p.582
In conclusion, sir, I have to say that, in my career as
Justice of the Supreme Court of Utah Territory, I have the consolation of
knowing that I did my duty, that neither threats nor intimidations drove me
from that path. Upon the other hand, I am pained to say that I accomplished
little good while there, and that the judiciary is only treated as a farce. The
only rule of law by which the infatuated followers of this curious people will
be governed, is the law of the Church, and that emanates from Governor Brigham
Young, and him alone.
Orson F. Whitney, History of Utah, Vol. 1, p.582
I do believe that, if there was a man put in office as
Governor of that Territory, who is not a member of the Church (Mormon), and he
supported with a sufficient military aid, much good would result from such a
course; but as the Territory is now governed, and as it has been since the
administration of Mr. Fillmore, at which time Young received his appointment as
Governor, it is noonday madness and folly to attempt to administer the law in
that Territory. The officers are insulted, harassed, and murdered for doing
their duty, and not recognizing Brigham Young as the only law-giver and law-maker
on earth. Of this every man can bear incontestable evidence who has been
willing to accept an appointment in Utah; and I assure you, sir, that no man
would be willing to risk his life and property in that Territory after once
trying the sad experiment.
Orson F. Whitney, History of Utah, Vol. 1, p.582
With an earnest desire that the present administration will
give due and timely aid to the officers that may be so unfortunate as to accept
situations in that Territory, and that the withering curse which now rests upon
this nation by virtue of the peculiar and heart-rending institutions of the
Territory of Utah, may be speedily removed, to the honor and credit of our
happy country, I now remain your obedient servant,
W. W. DRUMMOND,
Justice
Utah Territory.
Hon. Jeremiah S. Black,
Attorney-General
of the United States, Washington, D.C.
Orson F. Whitney, History of Utah, Vol. 1, p.582
The best answer to the only charges in this tirade that
needed answering, was the following official communication from Curtis E.
Bolton, Esq., deputy clerk of the United States Supreme Court of Utah. Before
this document was written, however, President Buchanan had ordered an army to
Utah: [p.583]
GREAT SALT LAKE CITY, UTAH TERRITORY.
Orson F. Whitney, History of Utah, Vol. 1, p.583
Sir: My attention having been drawn to the letter of Justice
W. W. Drummond, under the date of March 30th, 1857, addressed to yourself,
tendering his resignation as Associate Justice for Utah, wherein my office is
called in question, I feel it incumbent upon me to make to you the following
report:
Orson F. Whitney, History of Utah, Vol. 1, p.583
Justice W. W. Drummond, in his "fourth" paragraph
says: "The records, papers, etc., of the supreme court have been destroyed
by order of Governor B. Young, and the Federal officers grossly insulted for
presuming to raise a single question about the treasonable act."
Orson F. Whitney, History of Utah, Vol. 1, p.583
I do solemnly declare this assertion is without the
slightest foundation in truth. The records, papers, etc., of the supreme court
in this Territory, together with all decisions and documents of every kind
belonging thereto, from Monday, September 22, 1851, at which time said court
was first organized, up to this present moment, are all safe and complete in my
custody, and not one of them missing, nor have they ever been disturbed by any
person.
Orson F. Whitney, History of Utah, Vol. 1, p.583
Again, in the decision of the supreme court in the case of
Moroni Green, the which decision was written by Judge Drummond himself, I find
the following words: "That as the case, for which Green was convicted,
seems to have been an aggravated one, this court does remit the costs of the
prosecution, both in this court and in the court below," Green was provoked
to draw a pistol in self-defense, but did not point it at any one. He was a lad
of 18 years old. Much feeling was excited in his favor, and he was finally
pardoned by the governor, upon a petition signed by the judges and officers of
the United States courts, the honorable secretary of state, and many of the
influential citizens of Great Salt Sake City.
Orson F. Whitney, History of Utah, Vol. 1, p.583
Again: in relation to the "incarceration of five or six
young men from Missouri and Iowa, who are now, (March 30, 1857,) in the
penitentiary of Utah, without those men having violated any criminal law in
America," etc. This statement is also utterly false.
Orson F. Whitney, History of Utah, Vol. 1, p.583
I presume he alludes to the incarceration, on the 22nd January,
1856, of three men, and on the 29th of January, 1856, of one more; if so these
are the circumstances:
Orson F. Whitney, History of Utah, Vol. 1, p.583
There were quite a number of persons came here as teamsters
in Gilbert and Gerrish's train of goods, arriving here in December, 1855, after
winter had set in. They arrived here very destitute; and at that season of the
year there is nothing a laboring man can get to do. Some of these men entered
the store of S. M. Blair & Co., at various times in the night, and stole
provisions, groceries, etc. Some six or eight were indicted for burglary and
larceny. Three plead guilty, and a fourth was proven guilty; and the four were
sentenced to the penitentiary for the shortest time the statute allowed for the
crime; and just as soon as the spring of 1856 opened, and a company was
preparing to start for California, upon a petition setting forth mitigating
circumstances, the governor pardoned them, and they went on their way to
California. It was a matter well understood here at the time, that these men
were incarcerated more particularly to keep them from committing further crime
during the winter.
Orson F. Whitney, History of Utah, Vol. 1, p.583
Since that time there have been but four persons sentenced
to the penitentiary, one for forgery and three for petty larceny, for terms of
sixty and thirty days, to-wit; One on the 19th November, 1856, for larceny,
thirty days; two on the 24th November, 1856, for [p.584] aggravated larceny,
sixty days, and one on the 26th January, 1857, for forgery, thirty days. So
that on the 30th March, 1857 (the date of W. W. Drummond's letter), there was
not a white prisoner in the Utah penitentiary; nor had there been for several
days previous, nor is there at this present writing.
Orson F. Whitney, History of Utah, Vol. 1, p.584
I could, were it my province in this affidavit, go on and
refute all that Judge W. W. Drummond has stated in his aforesaid letter of
resignation, by records, dates, and facts; but believing the foregoing is sufficient
to show you what reliance is to be placed upon the assertions or word of W. W.
Drummond, I shall leave this subject.
Orson F. Whitney, History of Utah, Vol. 1, p.584
In
witness of the truth of the foregoing affidavit, I have hereunto
subscribed
my name and affixed seal of the United States
{L. S.} supreme
court for Utah Territory, at Great Salt Lake City, this
the
twenty-sixth day of June, A. D. 1857.
Curtis E. Bolton,
Deputy Clerk of said U. S. Supreme Court for Utah,
in
absence of W. I. Appleby, clerk.
Hon. Jeremiah S. Black,
Attorney
General of the United States, Washington, D.C.
Orson F. Whitney, History of Utah, Vol. 1, p.584
Several other letters found their way to Washington before
or soon after Judge Drummond's resignation, and though some were of too late a
date to have influenced the original action of the Government in sending troops
to Utah, others arrived in ample time to contribute to that end, and all serve
to show the feeling of hostility that inspired the movement, and shaped the
policy of the administration toward the people of this Territory at that
interesting and critical point in their history. Among them was the following
epistle, which also came before Congress at the time of the post-bellum
investigation of the "Utah Rebellion:"
INDIAN AGENCY OF THE UPPER PLATTE,
On Raw
Hide Creek, July 15, 1857.
Orson F. Whitney, History of Utah, Vol. 1, p.584
SIR: In a communication addressed to the Indian Office,
dated April last, I called the attention of the department to the settlements
being made within the boundaries of this agency by the Mormon Church, clearly
in violation of law, although the pretext or pretense under which these
settlements are made is under cover of a contract of the Mormon Church to carry
the mail from Independence, Missouri, to Great Salt Lake City.
Orson F. Whitney, History of Utah, Vol. 1, p.584
On the 25th of May, a large Mormon colony took possession of
the valley of Deer Creek, one hundred miles west of Fort Laramie, and drove
away a band of Sioux Indians whom I had settled there in April, and had induced
them to plant corn.
Orson F. Whitney, History of Utah, Vol. 1, p.584
I left that Indian band on the 23rd of May, to attend to
matters connected with the Cheyenne band, in the lower part of the agency.
Orson F. Whitney, History of Utah, Vol. 1, p.584
I have information from a reliable source that these Mormons
are about three hundred in number, have plowed and planted two hundred acres of
prairie, and are building [p.585] houses sufficient for the accommodation of
five hundred persons, and have a large herd of cattle, horses and mules.
Orson F. Whitney, History of Utah, Vol. 1, p.585
I am persuaded that the Mormon Church intend, by this plan
thus partially developed, to monopolize all of the trade with the Indians and
whites within, or passing through, the Indian country.
Orson F. Whitney, History of Utah, Vol. 1, p.585
I respectfully and earnestly call the attention of the
department to this invasion, and enter my protest against this occupation of the
Indian country, in force, and the forcible ejection of the Indians from the
place where I had settled them.
Orson F. Whitney, History of Utah, Vol. 1, p.585
I am powerless to control this matter, for the Mormons obey
no laws enacted by Congress. I would respectfully request that the President
will be pleased to issue such orders as, in his wisdom and judgment, may seem
best in order to correct the evil complained of.
Very respectfully, your obedient servant,
THOS. S. TWISS,
Indian
Agent, Upper Platte.
Hon. J. W. Denver,
Commissioner
of Indian Affairs.
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