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History of Utah, 1540-1886 - Brigham Young University

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574<br />

POLITICAL, SOCIAL, AND INSTITUTIONAL.<br />

pected and almost hoped that the Nauvoo legion<br />

would measure its strength with the army <strong>of</strong> <strong>Utah</strong>,<br />

but by a little timely forbearance on both sides the<br />

threatened encounter was averted. Soon afterward<br />

the judges were instructed as to their duty in an <strong>of</strong>fi-<br />

cial letter from the attorney-general, and were ordered<br />

to confine themselves within their <strong>of</strong>ficial sphere,<br />

which was to try causes, and not to intermeddle with<br />

the movements <strong>of</strong> the troops—the latter responsibility<br />

resting only with the governor. " In a territory like<br />

<strong>Utah</strong>," he remarked, "the person who exercises this<br />

power can make war and peace when he pleases, and<br />

holds in his hands the issues <strong>of</strong> life and death for<br />

thousands. Surely it was not intended to clothe each<br />

one <strong>of</strong> the judges, as well as the marshal and all his<br />

deputies, with this tremendous authority. Especially<br />

does this construction seem erroneous when we reflect<br />

that these different <strong>of</strong>ficers might make requisitions<br />

conflicting with one another, and all <strong>of</strong> them crossing<br />

the path <strong>of</strong> the governor." 5 The judges were superseded<br />

a few months later; 6 and thus the matter was<br />

finally set at rest, the action <strong>of</strong> the governor being<br />

sustained, although he became so unpopular with the<br />

cabinet that for a time his removal was also under<br />

consideration. 7 Though his resignation was not de-<br />

account <strong>of</strong> the matter: ' I told dimming myself that we didn't intend the<br />

Carthage scene reenacted, and he knew that we intended to resist the troops,<br />

which we did. I went to see Cumming frequently, and talked the matter<br />

over with him, and he declared himself that he could not recommend Gov.<br />

<strong>Young</strong> to trust himself to that military mob; but he did say he could not see<br />

how bloodshed could be hindered. I told him we would not let them come;<br />

that if they did come, they would never get out alive if we could help it.<br />

He said he did not know what to do.' ' They knew that if they did come, we<br />

were ready for them, and that we were ready to cut <strong>of</strong>f their retreat. It gave<br />

us a good deal <strong>of</strong> trouble, and anxiety as well, to prepare against it, as it<br />

occurred at a time when we were putting in our crops.' Narr., MS., 63^4.<br />

5 Soon after a mass-meeting <strong>of</strong> gentiles was held at Camp Floyd, at which<br />

the judges took a prominent part. An address was drawn up, rehearsing all<br />

the crimes imputed to Mormons, stating that they were still disloyal to the<br />

government, and censuring the president for his interference.<br />

6 Their successors are mentioned in the next chapter. Cradlebaugh, refus-<br />

ing to recognize the right <strong>of</strong> the president to remove him, continued in <strong>of</strong>fice<br />

for a short time, but finding himself unsupported by the government, left<br />

<strong>Utah</strong> and settled in Nevada, whence he was twice sent as delegate to congress.<br />

Wake's The Mormon Prophet, 75-6.<br />

7 Stenhouse's Rocky Mountain Saints, 413; Tullidge's Hist. S. L. City, 233.

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