__________

No. 15.

GREAT SALT LAKE CITY,

April 29, 1853.

            SIR : I addressed you a hasty note on the 5th inst. from Webber, informing you of my situation and detention in the mountains by the snow. I succeeded in crossing the mountain, and, arrived here on the 20th inst., and as the mail will leave on the 1st of next month, I have thought it important to address you a few lines.

            I think it probable we shall have something of a difficulty with a band of the Utah tribe of Indians, under the command of the celebrated chief Walker, who it seems is leagued with a small force of Spaniards or Mexicans, some of whom have been arrested, and are now in custody in this city, under the charge of having traded arms and ammunition to the Indians. The motive of the Indians I have not yet been able to learn. I was informed last December, while at Fort Bridger, that some threats had been made against the Mormons by a few Spaniards who had been arrested in Salt Lake under the charge of purchasing and trading for Indian children in the Territory,

162      UTAH EXPEDITION.

to be taken to Mexico as slaves. They were tried and convicted, their property taken from them, and the Indian children, by order of court, placed in the hands of the whites as apprentices for a term of years, according to their respective ages, where they will be kindly treated. It seems that these children were prisoners taken by the Utah tribe of Indians from other tribes with whom they were at war. They have been in the habit of capturing or stealing these children for many years, and carried on a trade with the Spaniards, who purchased them for slaves. This practice it was thought advisable by the authorities to put a stop to ; consequently the arrest and the release of the children alluded to. Recently the same kind of traffic was being carried on, with the addition, that arms and ammunition was liberally distributed among the Indians by the Spaniards. The authorities undertook to arrest this trade, when they were met by Walker, the chief, and his band of Utah Indians, who justified and defended the Spaniards, and threatened to kill every white man if they again interfered. There being only about eight of the whites, they were forced to submit. The governor, however, being on a visit in the neighborhood of these transactions, very promptly called out the militia, and ordered other preparations to meet the emergency. Considerable excitement prevails at present in consequence of the threats of these Spaniards, and the unfriendly appearance of the Indians. Their conduct, however, may have been exaggerated ; if so, the fear is that the militia may go further than the conduct and acts of the Indians should justify. I hope, however, that they may act with prudence, and not provoke an unnecessary difficulty with the Indians. I have had no communication or advice from the governor, and as the transactions are taking place some two hundred miles from this city, I am unable to give any further information at present. The governor being in the vicinity, on what they call an " exploring expedition," he will, no doubt, adopt such measures as may be in his power to prevent any serious difficulty. What the result will be I am unable to say. These Spaniards, having expressed a determination to be revenged on the Mormons, to whom they attribute their arrest, may cause great distress and trouble in the more remote settlements, by exciting the Indians against them. Some of them, being already unfriendly towards the Mormons, for alleged past injuries, are the more easily excited. If, however, the excitement should not extend further than Walker's band, it will be easily allayed ; but should it extend to the various tribes in the Territory, and the adjoining country, who may be induced to engage for the sake of plunder, it is difficult to predict where it will end, or what will be the result. Should there be a general outbreak, it will be caused by the whites pushing their settlements over the Indian country against their wishes or consent. The Indians have complained much on this subject.

            This is another evidence, among many others, which I have presented to the department, of the importance of holding a treaty with the Indians in this Territory. It is very necessary, in order to peace and quiet, that the Indians, as well as the whites, should know their respective rights and privileges. This cannot be done satisfactorily without some treaty stipulations.

UTAH EXPEDITION.           163

            The Indians are becoming more and more excited as the Mormons extend their settlements. Some of them complain that they have been forced to give up their grounds so frequently that they will submit no longer. I do not allude to the Mormons for the purpose of exciting a prejudice against them, or to charge them with improper conduct, it is merely because no other whites are settling the country, and the Indians, in speaking of these settlements, allude to the Mormons and their conduct in relation to the settlement and occupation of the region of country about Salt Lake, in which they complain of great injustice and cruelty at the hands of the Mormons.

            This " exploring party," with the governor at its head, may have hastened these unfriendly demonstrations on the part of the Indians, as I understand their object to be to search out rich valleys and prominent points for extending their settlements. Considering it important that the department should be in possession of these matters, I deem it my duty to make this communication.

            I informed you, in my note of the 5th instant, it was not in my power to make my quarterly reports for December and March, in consequence of my situation in the mountains ; nothing, however, of importance has occurred of which I have not advised you.

            The superintendent being absent, I shall have to defer my report until June, when I hope to be able to make a satisfactory one. In the meantime, should anything occur of importance I will inform you.

            The mail from the States, the first since October last, is expected by the 10th of May, by which I hope to receive some instructions from the department, and shall be prepared to obey them promptly. Should I receive none, and I should find it necessary, I shall again visit the Indians on the Humboldt and Carson rivers. They have been peaceable and friendly since my last year's visit, and express much anxiety that I should visit them again. Although a very troublesome and disagreeable trip, yet so much good may be effected by a visit to these Indians that it should not be neglected. I hope that the disturbances with the Indians in this neighborhood may not prevent it, should I find it to be necessary.

            I have the honor to be, very respectfully, your obedient servant,

J. H. HOLEMAN,

Indian Agent, Utah Territory.

__________

No 16.

GREAT SALT LAKE CITY, U. T.,

May 12, 1857.

            SIR : Enclosed you will find the application bond and license of E. L. Barnard, as Indian trader on the Truckie, Walker's, and Carson rivers in this territory.

164      UTAH EXPEDITION.

            Mr. Barnard is a gentleman of correct business habits, and resides in Carson valley, about thirty miles from the base of the mountain, on the main travelled road to California, and about 20 miles from the cañon, at which point there was last year some difficulties with the Washoes, who are a tribe of mountain Indians who roam though this section of the Territory, but principally in the mountains which divide this Territory from California. It is a point at which much may be done towards conciliating these Indians. As these Indians are of a roving disposition, have no fixed place of residence, but travel from one of these rivers to the other, I could not fix a point on either river. I gave, as you will see in the license, permission to trade on the rivers at any point at which the Indians may be assembled. I think it important that a friendly intercourse and association should be established with the Indians in this section. They have heretofore received much bad treatment from the whites in California, as well as emigrants and travellers on the road.

            In a previous communication I asked information in relation to licences to traders : whether it was my duty, or my privilege to charge for them, and how I shall regulate my charges. I see in the communication of the agent for California, that charges are made when at points remote from the city ; I have charged as a fee for issuing licences, a sum less in amount than would be necessary to pay the expenses of the individual to this city ; in some cases where the individual was a man beloved by the Indians, and who would use his influence to promote the friendship and good feeling of the Indians towards the government, I have made no charges ; those whose object was the profits of the trade I have charged. Those who have applied to me in my office I have charged nothing. I have also charged a small fee for passports ; these duties are frequently attended with some trouble ; in fact, I have visited the different sections for the purpose of giving these licenses and passports at my own individual expense ; the individuals have always expressed a willingness to pay me for that trouble, as it saved them time and expense ; I have forced none to pay ; they have however, pledged me that in case there should be an additional amount required by the department they would pay it. Upon this subject I would like to be advised.

            My course, as agent, does not suit the superintendent or the Mormons. They will, as I am informed, make some charges against me. If they should, I ask to be heard. Their excitement against me is occasioned more from the fact that I would not suffer them to drive me from the Territory, as they have done the other government officers, than from misconduct in the discharge of my official duties. The department, however, is acquainted with all my acts, and I hope they will view them differently from the Mormons. I have acted in all matters relating to my office from the best of my judgment, desiring to promote the interest of the government and the Indians in all cases ; while those who oppose me are for themselves, leaving the government and the Indians to shift for themselves as they can. How I should like to see the reins of the general government pulled tight over Utah, and an obedience and respect for the laws of the United States strictly

UTAH EXPEDITION.           165

observed by those self-willed " saints !" Sooner or later, depend upon it, it will have to be done.

            I have the honor to be, very respectfully, your obedient servant,

J. H. HOLEMAN,

Indian Agent, Utah Territory.

Hon. L. LEA,

            Commissioner Indian Affairs.

__________

No. 17.

Report.

DEPARTMENT OF THE INTERIOR,

Office Indian Affairs, April 10, 1854.

            SIR: In view of the probability that Congress, at its present session, will make provision, by appropriation, for the negotiation of treaties with the Indian tribes in the Territory of Utah, and also of the 3d section of the act of Congress, approved February 27, 1851, entitled "An act making appropriations for the current and contingent expenses of the Indian department," which requires all treaties with Indian tribes to be negotiated by such officers and agents of the Indian department as the President of the United States may designate, I have the honor to suggest that you recommend immediately to Congress that provision be made by law for the appointment of a superintendent of Indian affairs in the Territory of Utah, and that so much of the 2d section of the act of Congress (U. S. Statutes at Large, vol. 9, page 453) entitled "An act to establish a territorial government for Utah," approved September 9, 1850, as requires the governor of that Territory to perform the duties, and authorizes him to receive the emoluments of superintendent of Indian affairs therein, be repealed.

            It is a public and well known fact that his excellency Brigham Young, the present governor, is also the head of the church of Latter Day Saints, and I am informed that the duties of his spiritual office require a large portion of his time and attention.

            I should not, therefore, deem it good policy to superadd to the duties and responsibilities of his official positions as governor and head of the church the additional duty—one requiring time and deliberation, and to be performed most properly at points distant from the seat of the government of the Territory, and of the spiritual hierarchy—of visiting and negotiating treaties with the various Indian tribes within the limits of the Territory.

            As a precedent directly in point, I would respectfully refer to the legislation of Congress respecting the superintendency of Oregon.

            By the 2d section of the act entitled " An act to establish the territorial government of Oregon," approved August 14, 1848, (U. S. Statutes at Large, vol. 9, page 324,) the governor of that Territory was made ex-officio superintendent of Indian affairs. When, however, provision was made by Congress for the negotia-

166      UTAH EXPEDITION.

tion of treaties with the Indian tribes in the Territory of Oregon, &c., by the act of June 5, 1850, (U. S. Statutes at Large, vol. 9, page 437,) so much of the act to " establish the territorial government," &c., above referred to, as required the governor to perform the duties, and authorized him to receive the emoluments of superintendent of Indian affairs, was repealed, and the President was authorized (sec. 2, act June 5, 1850,) by and with the advice and consent of the Senate, to appoint a superintendent of Indian affairs for the Territory.

            I would here also remark that by the second section of the act of 27th of February, 1851, herein before referred to, it was provided " that, from and after the 30th day of June next, all laws or parts of laws now in force, providing for the appointment or employment of superintendents of Indian affairs for any of the Indian tribes east of the Rocky mountains, and north of New Mexico and Texas, shall be and the same are hereby repealed," &c., provided (among other things) " that the governor of Minnesota shall continue to be ex-officio superintendent of Indian affairs for that Territory until the President shall otherwise direct."—(Statutes at Large, L. & B., vol. 9, page 586.)

            The legislative department of the United States government has thus indicated its opinion that a period may arrive, or circumstances occur in the course of events, when it becomes, or may become, good policy to separate the office of superintendent of Indian affairs from that of governor of a territory.

            In my opinion, the present is a most proper juncture at which thus to separate the superintendency of Indian affairs in the Territory of Utah from the governorship of that Territory.

            Very respectfully, your obedient servant,

GEO. W. MANYPENNY,

Commissioner.

Hon. R. MCCLELLAND,

            Secretary of the Interior.

__________

No. 18.

DEPARTMENT OF THE INTERIOR,

Office Indian Affairs, September 15, 1854.

            SIR : I have the honor herein to enclose copies of communications from Lieutenant Fleming, commanding at Fort Laramie, and John M. Hockaday, esq., in which it is stated that the legislature of Utah has assumed jurisdiction over portions of the Territory to which the Indian title has never been extinguished, and that by granting ferry charters and other privileges to certain citizens, much dissatisfaction exists among the Indians; and that blood has been shed, and much disturbance created ; and the question is asked, whether the legislature has the power to grant such charters, and to exercise rights, whether in counties organized by it or not, over lands to which the title of the Indians has not been extinguished by treaty.

            Upon perusal of the act of Congress, approved the 9th of September, 1850, (see Statutes at Large, vol. IX, p. 453 to 458,) establishing this

UTAH EXPEDITION.           167

Territory, I find no provisions giving to its legislature more authority over unceded lands than is given to other Territories by the acts for their establishment ; but under the circumstances, and the peculiar organization of its population, I deemed it advisable to lay the subject before you for your consideration and advice, before replying to the communications.

            Very respectfully, your obedient servant,

CHARLES E. MIX,

Acting Commissioner.

__________

No. 19.

FORT LARAMIE, NEBRASKA,

August 15, 1854.

            SIR : A copy of a letter has been sent me, requesting me to forward the same to you for your decision thereon. There has been a great deal of trouble between the mountain men and the Mormons for some time past, which has resulted in the death of several persons on both sides. The mountain men have wives and children among the Snake Indians, and therefore claim the right to the Green river country, in virtue of the grant given them by the Indians, to whom the country belongs, as no treaty has yet been made to extinguish their title. The Mormons, on the other hand, claim jurisdiction over the country, paramount to all Indian titles, in virtue of its being in Utah Territory. Now, the question in issue, appears to me this : Since the country lies in the Territory of Utah, have the Mormons, or have they not, the right to dispose of the country to settlers, to dispose of its resources, revenues ; and finally, everything in the country, or exercise judicial power over the revenues, before the actual Indian title has been extinguished.

            These questions have been, and are now agitated among the people of the new Territories, have caused a great deal of trouble, and will cause more, unless permanently settled by proper authority. Since the large emigration to Oregon and California, the ferries, bridges, &c. have been very profitable investments.

            Your decision in this case I consider of great importance, as it is time such things were settled, and unnecessary bloodshed saved by placing the right where it properly belongs. Both parties contend for the right, and I might add, I think, both equally honest in their convictions.

            Enclosed, I forward the letter for your decision.

            I am, sir, very respectfully, your obedient servant,

H. B. FLEMING,

Second Lieut. 6th, Inf. Comd'g Fort Laramie.

Hon. MR. MANYPENNY

            Com. of Indian Affairs, Washington, D. C.

168 UTAH EXPEDITION.

GREAT SALT LAKE CITY,

Territory of Utah, June 17, 1854.

            SIR: Whereas the boundaries of Green River county, in the 'Territory of Utah, were defined and attached to Great Salt Lake county, for "election, revenue, and judicial purposes," by a special act of the legislature of said Territory, approved March 3, 1852, and was detached from said Great Salt Lake county, by another act of said legislature, approved January 13, 1854, and is now organized with its judiciary and officers, and lies in the first judicial district of the United States courts for said Territory ; and whereas an act was passed by said legislature, approved January 17, 1853, granting a charter unto Daniel H. Wells, esq., the right to erect ferries for the conveyance of stock, wagons, passengers, &c., over Green river, in said county of Green River, in said Territory, on the lands claimed by the tribe of Shoshonee Indians, and which said charter or right of erecting ferries has been transferred by said Wells to others, and at present Captain W. J. Hanley, James H. Jones and John Kerr, (of the firm of Jones & Kerr,) Francis M. Russell, and John M. Russell, are proprietors of said ferries, (the said charter expiring on the 15th day of May, A. D. 1856 ;) and

            Whereas the Shoshones are displeased with the said granting of such charter, and being in possession of white men not married into their nation or tribe, and claim the right and jurisdiction of granting or giving the land, timber, river, and the right of erecting ferries, to whom they please, claiming all as belonging to them, on their lands in said Green River county ; and that they have given the said river and the right of erecting ferries on the same to the white men that have married squaws of their tribe, and have children among them ; and which said ferries, or the right thereof, said white men claim, contending that there has been no treaty made with the Indians, and that the land, timber, river, &c., legally belong to them, until purchased of them by treaty with the United States government, and that the legislature of the Territory of Utah have no right or authority to grant such charter on Indian lands ; but are willing to submit the same to the decision of the legal and constituted authority at Washington city :

            Now, in order to allay all excitement or ill feeling that may exist in the breasts of said Indians or white men at the present time, in regard to said ferries, and to conduce to peace now and hereafter, we send this letter of inquiry to you, that we may have your honorable opinion or decision of the same : Whether or not the said legislature of Utah have the grant charters for ferries on Green river, or any other river or water in said Territory, whether in organized counties or not, where said river and lands are claimed by the Indians ? If said legislature have not, we wish to be informed, and have the matter in dispute settled at the proper department, and an answer returned at

UTAH EXPEDITION.           169

as early a day as possible ; and to which decision all concerned will cheerfully submit.

            With sentiments of respect, I have the honor to be your obedient servant,

J. M. HOCKADAY,

Selected by the parties to address you this letter of inquiry.

Hon. MR. MANYPENNY,

            Chief of the Bureau Department of Indian Affairs,

                        Washington city, D. C.

            N. B.—Please direct your answer to the commanding officer at Fort Laramie.

__________

No. 20 1/2.

DEPARTMENT OF THE INTERIOR,

Office of Indian Affairs, March 21, 1855.

            SIR : I have the honor to inform you that, on the 8th of August last, I addressed a communication to Governor Young, of the Territory of Utah, informing him that Congress had, on the 31st of July, 1854, appropriated the sum of " Forty-five thousand dollars for the expenses of negotiating treaties with, and making presents of goods and provisions to the Indian tribes in the Territory of Utah." I stated to him that I deemed the sum ample to make treaties with all the tribes of the Territory, and hoped it would lay the foundation for pacific and satisfactory relations there. I requested him to inform me, on the receipt of my communication, of the nature, kind and quantities of goods and presents that would be necessary for the purpose, not forgetting that the expenses of transportation of food at the councils, and incidental expenses of making the treaties would have to be deducted from said appropriation, which must in no event be exceeded. I also desired his opinion with regard to sending some implements of husbandry in place of the usual presents, and requested him to send me a skeleton map of the Territory, showing the tract of country occupied or claimed by each tribe, the nature of the tenure, and the extent of each tract in square miles or acres ; and that he would report all matters of information which might, in his opinion, be useful to enable the department to furnish instructions as the basis of the contemplated treaties.

            I urged upon him immediate attention to this matter, so that preparations might be made to send, at an early day in the spring, such articles as it would be necessary to procure in the States.

            On the 30th of September, he replied to this communication that he would send the information desired by the next mail ; no such information, however has been received.

            I, therefore, submit for your consideration and advice what course shall be taken in the premises, in view of the change it is understood has taken place in the executive of that Territory.

            Very respectfully, your obedient servant,       

GEO. W. MANYPENNY,

Commissioner.

Hon, R. McCLELLAND,

            Secretary of the Interior.

170      UTAH EXPEDITION.

No. 20 3/4.

DEPARTMENT OF THE INTERIOR,

March 22, 1855.

            SIR : I have received your letter of yesterday, informing the department of the nature of the instructions which you have forwarded to Governor Young, of Utah, under date of August 8, 1854, preparatory to negotiating with the Indian tribes therein, as provided for in the act of 31st July last ; that Governor Young had replied on the 30th of September last, that he would forward the information by the next mail, but that it had not been received at your office, and asking advice as to " what course shall be taken in the premises, in view of the change which, it is understood, has taken place in the executive of that Territory," and in reply have to say, that I do not see that you can do better than to repeat your instructions to the newly appointed governor.

            Very respectfully, your obedient servant,

R. McCLELLAND,

Secretary.

__________

No. 21.

OFFICE SUPERINTENDENT, U. T.,

Great Salt Lake City, June 26, 1855.

            SIR : In reflecting upon the situation of the Indian affairs in this Territory, and the manner in which I have been treated by the department as regards the expenditures of this superintendency, I feel constrained to lay before you a short synopsis of its history, that your mind may be refreshed and enabled to perceive things in their true light.

            From the very beginning I sought instructions from the department in relation to the policy wished to be adopted and carried out by the government towards and with the Indians of this Territory. It was one year after I commenced the discharge of my official duties before I obtained even an office copy of the laws, regulations, and intercourse with the Indians, and forms were frequently solicited ; finally, after much solicitation I received a letter from Commissioner Lea, from which I make the following extract :

            " The remoteness of Utah from Washington, and the little that is known here of the Indians in that Territory, render it necessary that the management of our Indian affairs in that quarter be left almost entirely to your discretion and judgment."

            This letter is dated February 20, 1852, and I will say, was the most definite of any thing that I have ever received from the department upon that subject. As to forms and blanks for my accounts, there

171      UTAH EXPEDITION.          

has never been any furnished to the office of superintendent. Agent Holeman and some of the other agents and sub-agents have had them furnished, but none has ever been allowed to me. I merely mention these facts, that while the department actually placed the whole responsibility of dealing and managing with the Indians upon me, they did not furnish me with either the necessary instructions or the usual facilities of other Territories to perform this duty, and have actually refused to pay a clerk to assist me. Here, also, permit me to remark that the Territory had no agent, and but one sub-agent for the first two years. The agent did not come until late in the fall of 1852, and he left, being relieved from his office by the appointment of his successor, Agent E. A. Bedell, in the fall of 1853. Major Bedell left early the ensuing spring, intending to return the same fall with his family, but died on his outward trip

            In the winter of 1854 Doctor Garland Hurt, the present incumbent, arrived, and has since been in the active discharge of his duties. You will thus perceive, that during the nearly five years of our organization, there has been but one agent at the scene of his duties only about one-half of the time, and only one sub-agent at any time, as Mr. Day returned the same season that he came, and the office he held abolished. By this statement you will also perceive that I have personally been obliged to travel and attend to the business pertaining to this superintendency, which would naturally have devolved upon the agent and sub-agents, and actually to perform the duties, not only of my office, but during their absence, those usually assigned to them.

            From this statement, it should not appear strange, that my accounts should be somewhat larger than they otherwise would have been, nor that they should always have been made out in the proper form, nor expenditures made in accordance with regulations.

            Upon these points I supposed that I had the confidence of the government, having complied with all the requirements that I knew of, and have been as economical as possible in my expenditures. I considered myself sustained in this opinion by a letter received from the department, dated November 15, 1853, from which I make the following extract :

            " I am not aware of any delinquency on your part in not observing all the regulations of the department." I was also informed in this letter that my accounts up to the 30th of September, inclusive, had been received ; that my draft would be paid upon presentation, and that the accounts would be examined, and the proper parties informed of the result ; this letter is signed by Geo. W. Manypenny, the present incumbent. It is needless to say, that I had faithfully complied in making out those accounts with the instructions I had previously received from Commissioner Manypenny, as set forth in circular, dated June 6, 1853, which reads as follows : " All disbursements for travelling expenses, therefore, that may hereafter be made by agents, or other officers of this department, must be accounted for by the production of the receipt of the payee, with the usual certificate of the officer making such payment, accompanied by an explanation showing on what account, and why such expense is incurred. But in cases where it is impracticable for the said disbursing officer to obtain such re-

172      UTAH EXPEDITION.

ceipts from the payee, a memorandum should be made of such expenditure, however small or irregular, and a return made thereof, without the process of aggregating or commuting, and the certificate, on honor, of its payment, by such officer accompanied by such explanation as the propriety and reasonableness of the expenditure as would cover the case, should be attached to said return."

            We are also informed of the good intentions of the department in the closing article of the same circular, as follows :

            " The department will endeavor to mete out a determined and evenhanded justice in this matter, and allow no mere charge for expense of travelling, unless it shall appear to have been necessarily incurred in the proper discharge of the duties devolved upon its officers."

            My accounts, as before stated, were made out and certified in this manner, as it also corresponded with the regulations as I understood them. I am aware this circular was designed to dispense with the system of commutation by mileage for travelling expenses, which had, it appears, been practiced by many of the agents to the detriment of the public interest. As I had never charged for travelling expenses by mileage, or otherwise, I did not consider that this circular applied particularly to me ; but I seized upon it, in the absence of any other instructions upon this subject, as containing some valuable hints which might be applied to the making out and settlement of my accounts.

            Now, it is possible that you may think, what has all this to do with you? I answer, simply this : that for the last two years, I have experienced the greatest difficulty in getting my accounts adjusted at the department, and when they have finally been so adjusted, that it has been done by suspending and disallowing a great portion thereof, as I consider, upon the most flimsy pretexts. It should always be remembered that never a dollar has been advanced to this Territory for the use of the Indian department. The superintendent and agents have been obliged, generally, and in most instances, to assume personally, and, unfortunately for them, pay any expense which they have so contracted. This applies more particularly to the superintendent, who has heretofore actually performed much the largest share of the business.

            I will give one instance : Accounts, says the Commissioner, of issues to the Indians, must be certified to by an interpreter, or person being present at said issue ; and again, no property return, although it is well known that no such law or regulation exists requiring the certificate of an interpreter, nor has the government ever advanced any funds for the purchase of property. I have only purchased property or articles for presents to Indians when it was absolutely necessary for to do so ; the vouchers exhibit plainly and uniformly from whom purchased, and to whom issued ; the purchases have always been made upon my own responsibility, as I could not obtain them upon any draft which I could draw upon the department; when I did venture to do so they were protested, and I had them to pay here, until I made an arrangement through our delegate, as agent to draw the money when it could be obtained, and make my drafts upon him, which he generally had to let go to protest, or pay them

UTAH EXPEDITION.           173

out of other funds. I finally found it of no use, but to send my drafts to him, and not attempt to act upon them, or upon any dependence of receiving anything from the department. To you this is not strange, because you know that I have only received for the last two years five thousand dollars, and you have disallowed and suspended accounts running back into the time of your predecessor, which had, as I supposed been satisfactory, and were paid by him. By this means you have brought me in debt to the department.

            I observe by forms which have been furnished by the department, and deposited in my office by the agent, that the form of certificate is made out on honor by the person disbursing either presents or payment of accounts, and there is no provision for the certificate of an interpreter. I wish however, for the department to understand that I do not object to furnishing such certificate, nor indeed any other which may be required, but I do object to leaving my accounts disallowed and suspended from year to year, when your requirements have always been strictly complied with. All that has been necessary at any time to have them so furnished was to let me know what was wanted ; of this you have been assured time and again, and do know that your requirements have universally been complied with.

            If hereafter you should wish for different, or more extensive evidence, and you should so instruct, and will let those instructions apply to the future instead of the past, a great deal of trouble might be avoided.

            In regard to service, I have travelled from 800 to 1,000 miles every year during my administration, among the Indians, and have never failed in exercising a very favorable influence upon them. Many are now employed in raising grain ; many more are intending to turn their attention to that branch of industry. Many of their children are living with the inhabitants of the Territory ; clothed, fed, and schooled the same as their own children ; and although such matters are slow in coming around, yet I can truly say that a very favorable impression has been made.

            One word more in relation to the evidence of issue to the Indians. The requirement of having them certified by an interpreter, although without law, regulation, or instructions, until " disallowances and suspensions for want of evidence of issue" came to hand, was nevertheless immediately complied with, and again forwarded. With this compliance I fondly hoped there would be no further difficulty in allowing my accounts, and that all would have gone off satisfactorily. Vain hope ! Was again advised of the inadmissibility of the testimony, and want of evidence of issue to Indians ; it now flashed upon my mind, that the " to mete out a determined and even-handed justice by the department" consisted in keeping the money and making me pay their honest debts. I say " it flashed upon my mind." I will add, it was practically demonstrated by my having to pay the money.

            Why was this ? I am dependent upon oral testimony for what I now state, though it is from high and unquestionable authority. One of the interpreters, who had always been present with me, and who signed those certificates of issue, happened to be Mr. D. B. Hunt-

174      UTAH EXPEDITION.

ington. " Who is he ?" inquired the penetrating Commissioner, while seeking for some other excuse for not paying the accounts.

            Why," says Mr. _____, " he is a brother-in-law to Governor Young." " Indeed ! indeed! !" exclaims the sapient Commissioner ; " that is sufficient. He is not to be credited for a moment." Accordingly, I again received a note that my accounts must be certified to by disinterested witnesses, who were present at the issue, and that Mr. Huntington's testimony was inadmissible, as he did not appear as an employe, but as a trader. This explains a little to me. It, together with other circumstances, reveals to me a determined and settled policy, on the part of the department, to mete out nothing at all to Utah, no matter how much might be done for the Indians, or how well the papers are made out or certified. Coupled with the actions of the War Department upon the accounts for the suppression of Indian hostilities, for which never yet a half dime (has) been paid by the general government, we have a standard value of complaint—according to the mode of the United States estimating everything in dollars and cents—of $39,354 50; which complaint might be sensibly diminished by the prompt payment of that part actually assumed and paid by the Territory, so far as the appropriations are made, and will justify. I have never asked for anything more, nor do I care a groat whether the department or the government ever contribute a penny towards the support of the Indian relations, for the suppression of Indian hostilities, or any other public purpose or object in or for the Territory of Utah. If they will only come out boldly, and say that they do not wish or intend to, instead of eternally thrusting in the dark, taking shelter behind such trivial, vain subterfuges as such men as you can hatch up. I have not the confidence to believe that we could make out a paper that would be satisfactory to your sceptical brain. Judging from the manner in which these matters have been treated by the department, I should conclude that you did not believe there were any Indians in the Territory, or, if there were, that it was necessary to expend anything to maintain friendly intercourse with them.

            I should also conclude the government did not believe that there had been any Indian hostilities here. One thing is sure, and your actions prove it most conclusively, that you either possess the most regardless indifference, or you most studiously endeavor to " mete out a determined and even-handed" injustice so far as regards this Territory.

            I have never failed scrupulously complying with all of your instructions and requirements, and have always solicited more, and would have been glad to have received and complied with them, so far as it was in my power to have done so.

            I have always forwarded a report every quarter, accompanying my accounts, all of which, I find, slumber among the rubbish, only one of which appeared in your report of 1853, and none at all in 1854. For this I care nothing, as I am not particularly ambitious of appearing in the accompanying documents. But I give you fair warning, that if you do not pay those accounts or claims, and act a little more accommodating in future, that I shall print them myself as I see

UTAH EXPEDITION.           117

proper. It is an old saying, " that enough is as good as a feast." will, therefore, close this communication by merely stating that the quarterly accounts ending the 30th of this month, together with my report, will be forwarded with the July mail.

            Not promising but that I may print this also,

                        I remain, distinguished sir, very respectfully, your obedient servant,

BRIGHAM YOUNG,

Gov. and ex-officio Sup't Indian Affairs Utah Territory.

Hon. GEORGE W MANYPENNY,

            Commissioner of Indian Affairs, Washington, D. C.

__________

No. 22.

DEPARTMENT OF THE INTERIOR,

Office of Indian, Affairs, July 10, 1855.

            SIR : I have the honor to transmit herewith for your consideration a copy of a letter received by this office from Agent Hurt of the 2d of May last, in which he states that the Mormons, at their last semiannual conference, nominated a large number of missionaries to go among the Indians of Utah Territory for the avowed purpose of preaching to them ; that these saints have either accidentally or purposely created a distinction in the minds of the Indian tribes of the Territory between the Mormons and the citizens of the United States which must prove prejudicial to the interests of the latter. He recommends that the attention of the superintendent, agents, and sub-agents be called to this subject, and that the conduct of those missionaries be subjected to the strictest scrutiny, with a view to the enforcement of the act of 1834, to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers.

            I deem this a subject of importance, and have to suggest, for the purpose of obtaining your advice and instruction, whether the recommendation of Mr. Hurt respecting the notification of the superintendents, agents, and sub-agents within the Territories to scrutinize the conduct of said missionaries should be adopted, or otherwise the best course, in your opinion, to be pursued in the premises.

            In view of the position of Agent Hurt, I would also suggest that whatever course you may deem proper to pursue be kept confidential, so that the agent may not incur the ill-will of the Mormons.

            Very respectfully, your obedient servant,

CHARLES E. MIX,

Acting Commissioner.

Hon. R. MCCLELLAND,

            Secretary of the Interior.

176      UTAH EXPEDITION.

No. 23.

GREAT SALT LAKE CITY, U. T.,

May 2, 1855.

            SIR : Permit me to call your attention to some facts which I do not feel myself altogether at liberty to remain silent upon.

            At the last semi-annual conference of the Latter Day Saints, a large number of missionaries were nominated to go and preach to the Indians, or Lamonites, as they are here called. Now, since my arrival in this Territory, I have become satisfied that these saints have, either accidentally or purposely, created a distinction, in the minds of the Indian tribes of this Territory, between the Mormons and the people of the United States, that cannot act otherwise than prejudicial to the interests of the latter. And what, sir, may we expect of these missionaries ? There is perhaps not a tribe on the continent that will not be visited by one or more of them. I suspect their first object will be to teach those wretched savages that they are the rightful owners of the American soil, and that it has been wrongfully taken from them by the whites, and that the Great Spirit had sent the Mormons among them to help them recover their rights.

            The character of many of those who have been nominated is calculated to confirm this view of the case. They embrace a class of rude and lawless young men, such as might be regarded as a curse to any civilized community. But I do not wish to excite prejudice or encourage feelings of hostility against these people. On the contrary, I think such a course would be unwise and impolitic. They always have and ever will thrive by persecution. They know well the effect it has had upon them, and, consequently, crave to be persecuted. It is due to many of them, however, to say that they are honest in the belief that they are the only Christians on earth, and that God is about to redeem the world from sin and establish His millenium. It is possible, too, that many of them are loyal in their feelings to the United States, but, perhaps, this cannot be said of many of their leaders. But time will convince many of them of their errors ; many of their prophecies must come true in a few years, or doubt will take the place of sanguine hope, and will do more to relax their energies and weaken their strength than anything else could do at this time.

            My object in writing is to suggest that the attention of all superintendents, agents, and sub-agents, and all other loyal citizens residing or sojourning in the Indian country, be called to this subject, that the conduct of these Mormon missionaries be subjected to the strictest scrutiny, and that the thirteenth and fourteenth sections of the "Act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," be properly enforced.

            Very respectfully, &c.,

GARLAND HURT,

Indian Agent for Utah.

Hon. GEO. W. MANYPENNY,

            Commissioner of Indian Affairs, Washington, D. C.

UTAH EXPEDITION.           177

            P. S.—In proof of the facts before stated, I would say that I have had great difficulty in procuring an interpreter, though there are many persons in the Territory who speak the Indian language, but they were all nominated as missionaries, and I was forced to the humiliating necessity of imploring the clemency of his excellency Brigham Young to permit one of them to remain with me. I never saw any people in my life who were so completely under the influence of one man.

G. H.

__________

No. 24.

Memoranda for Secretary of the Interior.

OFFICE OF INDIAN AFFAIRS,

August 15, 1855.

            In the letter from this office to you of the 10th ultimo, transmitting a copy of a letter from Agent Hurt, respecting the contemplated movements of Mormon missionaries among the Indians of Utah, and the Indian tribes generally, it was my purpose to have made the subject embrace the Indians generally, although by oversight it was confined to the tribes in Utah, for the agent states that, " There is perhaps not a tribe on the continent that will not be visited by one or more of these missionaries."

            As the subject was deemed important, it was presented for your consideration and advice, with a view to the soundness of the policy of instructing the superintendents, agents, and sub-agents throughout the Indian country to watch with an eye of vigilance the movements of the Mormons, and in case their efforts, under the guise of missionary labors, should tend to create a spirit of insubordination among the Indians averse to the interests of the government, that they immediately notify the department.

            The intercourse act of 1834 provides, section 13, " That if any citizen or other person residing within the United States or the territory thereof, shall send any talk, speech, message, or letter to any Indian nation, tribe, chief, or individual, with an intent to produce a contravention or infraction of any treaty, or other law of the United States, or to disturb the peace and tranquility of the United States, he shall forfeit and pay the sum of two thousand dollars." And the last clause of section 15 reads as follows, viz : "or in case any citizen or other person shall alienate, or attempt to alienate the confidence of any Indian or Indians from the government of the United States, he shall forfeit the sum of one thousand dollars." And again it is provided by the 23d section, " That it shall be lawful for the military force of the United States to be employed in such manner, and under such regulations, as the President may direct, in the apprehension of every person who shall or may be found in the Indian country, in violation of any of the provisions of this act," &c.

            The suspicions which the agent throws upon the character of those

178      UTAH EXPEDITION.

Mormons engaged as missionaries are such as may make it necessary as a precautionary step to preserve the harmony of our relations with the Indian tribes, to instruct the superintendents, agents, and sub-agents, to scrutinize the conduct of Mormons and all others suspected of having a design to interrupt the peace and tranquility between the Indians and the government.

CHARLES E. MIX,

Acting Commissioner.

__________

No. 24 1/2.

GREAT SALT LAKE CITY, U. T.

April 5, 1855.

            SIR : You may be aware that I had instructions from the War Department to demand the surrender of some of Captain Gunnison's murderers. Discovering that any attempt to seize them would be certainly resented, I felt it proper, for manifest reasons, to advise with Governor Young before visiting the Pah-vants. The governor assured me that he knew the Indians well, and that not one of the criminals could be obtained, unless by some appeal to the avarice of their chiefs ; and he advised me to offer to War-kar and Kinosh-a a few ponies, &c , which I did. Six of the Indians engaged in the massacre were surrendered, and Dr. Hurt, the Indian agent, kindly redeemed the promise made by me. Since that event, it seemed to me eminently proper to show our sense of such remarkably good conduct, and I caused some more presents (for which the agent also paid) to be given to the tribe. The whole value of these presents will amount to about $500, which, I question not, you will, under the peculiar circumstances of the case, permit to be deducted from sum appropriated by Congress for the Utahs. In any event please hold me solely responsible. I also found it necessary to expend some money in aiding the chiefs to get witnesses, &c., before the court ; also to issue provisions for a few days to many Indians attending the trial ; but in fairness these items should likewise be deducted ; but of that you can judge best. I will write on the subject to the quartermaster and commissary generals.

            The trial was abortive ; but it will, notwithstanding, have two good effects : one upon the savages, the other upon the general government, which will now understand the undue sympathy felt by the Mormons for the Indians. I have no idea whatever that the prominent Mormon authorities would aid or countenance active hostilities by the government against the Utahs ; and in my opinion it is a matter requiring the immediate attention of the Indian Bureau. Permit me to add, in this connexion, that I do not believe the Indian policy of Governor Young to be correct ; but of that it is probably best that Dr. Hurt shall advise you.

            These savages have undoubtedly learned from Dr. Hurt and myself, for the first time, what relation they hold to the government, and that to it alone they must look for encouragement in well doing, or chastisement for misconduct.

UTAH EXPEDITION.           179

            I will take the liberty to invoke your aid of the course Dr. Hurt has resolved upon towards the Indians in his charge, for it seems to me to be the wisest and most philanthropic possible. One feature, especially should commend itself to you and to everyone—the encouragement he proposes to give the Indians to cultivate the soil, and to live upon their own labor. The Mormons, (to their credit be it said, whatever may have been their motive,) have done something towards this end ; the agent wished to exert himself further and more effectually towards the same end ; and I would earnestly ask the support of the government to his consistent and benevolent efforts.

            I have the honor to be, very respectfully, your obedient servant,

E. J. STEPTOE,

Brevet Lieutenant Colonel United States Army.

Hon. G. W. MANYPENNY,

            Commissioner of Indian Affairs, Washington City, D. C.

            April 15.—Permit to suggest, that as the Pah-vant criminals, recently tried and sentenced to imprisonment have actually escaped, and so received no punishment at all, it might be good policy to award to them but a small portion (if any) of the moneys voted by Congress to the Utahs. This would impress upon them still further the necessity of future good conduct.

__________

No. 25.

OFFICE INDIAN AGENT, UTAH,

Great Salt Lake City, August 30, 1856.

            SIR : As your letter of July 9, and copies of those of November 14 and March 19 were received on the 28th instant, which informed me of the non-acceptance of draft No. 18, I take occasion to make a brief statement of the motives that prompted me to pursue the course which I have.

            Soon after my arrival in the Territory, (February, 1855,) I became impressed with the fact that the Indians had made a distinction between Mormons and Americans, which was calculated to operate to the prejudice of the interests and policy of government towards them. I have endeavored to apprise you heretofore of the policy of the Church of Jesus Christ of Latter Day Saints, of sending missionaries among these Indians, and of the character of the persons generally chosen. These facts were embodied in a letter to you, (April 28, 1855.) I determined to counteract these impressions if possible, but in attempting to do so, a liberal policy was necessary, otherwise their prejudices towards government, and myself as its agent, might have been confirmed. As the course pursued by his excellency Brigham Young has been a liberal one in making presents to them, I thought it inexpedient to relinquish that policy unless a better and more popular one could have been adopted immediately in its stead. And in fact, I was not authorized to deviate from his policy, for in a letter from your office I had been directed to look to him for all my instructions in the

180      UTAH EXPEDITION.

discharge of my official duties. And I have letters of instruction from him authorizing all the expenditures that I have made since entering upon the discharge of the duties of this office. I confess, however, that the policy of introducing manual labor among them was suggested by myself ; but even in that I have received his most cordial approbation. Believing this to be the more judicious policy, it has been my chief concern to impress this fact upon your notice through his excellency. Consequently, in all my quarterly communications I have alluded to this subject with the liveliest feeling of interest. Being fully convinced of the propriety and necessity of this policy I applied through him, (for I supposed that the proper channel,) on the 31st of December last, for an appropriation to meet my expenses in this undertaking. And as necessity required in the progress of this enterprise I drew for money, and as I was not yet advised of any other provision having been made to meet my engagements, I drew upon the fund for incidental expenses. I had used all diligence to have the necessary provision made ; my engagements were such that I could not relinquish them. To have done so would have been disastrous in the extreme, blighting at once, and perhaps forever, the growing confidence which was rising in the minds of the Indians towards government and its accredited agents ; and it was reasonable to suppose that his excellency, after having encouraged me in every way possible in the policy of farming, would have relinquished in some degree his own peculiar policy, that a larger portion of the funds appropriated might be applied to that of farming, as he was fully advised of the course I expected to pursue and had given his sanction to the same. But, contrary to my expectations, so soon as spring opened I received a note from him, requesting me to make a visit to the valleys of the Humboldt, Carson and Trucky rivers, which he knew would require an absence of near four months from my farms, after I had adopted such measures as rendered it impossible for me to retrace my steps and when the trip could not be made without the expenditure of some five or six thousand dollars of the funds on hand. But no doubt his excellency saw a necessity for these arrangements, and I confess it does not become me to speak in terms so plain of a superior officer. But I am charged in your letter of the 19th March, with neglecting to consult his excellency and Agent Armstrong as to the manner in which the public funds should be taken up. I feel it due to myself to make these explanations ; and I will say further, that I called at his office directly after receiving the letter of instructions to visit Carson, and expressed my fears that there would not be funds enough to meet our engagements for farming purposes ; that the agency had been expensive during the winter ; that I had been purchasing stock and farming implements, breadstuffs, &c., and that I had fears of overrunning the appropriation. His only reply was that he had no doubt but my drafts would all be paid. The policy of giving presents to the Indians is a popular one with them, but its benefits are of a transient character, and leaves them disappointed and dissatisfied, or to remain a burden upon the government and our citizens without any permanent good. Any one conversant with the feelings and prejudices which prevailed for some months after my arrival in the Ter-

 UTAH EXPEDITION.          181

ritory, will bear me out in the opinion that my policy has been the best that could have been pursued under the circumstances, and has in all probability averted some of the most serious calamities that could have arisen between the two races.

            Very respectfully, your obedient servant,

GARLAND HURT,

Indian Agent, Utah.

Hon. GEO. W. MANYPENNY,

            Commissioner Indian Affairs, Washington, D. C.

__________

No. 26.

OFFICE OF INDIAN AGENT, UTAH TERRITORY,

October 31, 1856.

            SIR : Having just returned from an excursion in the southern settlements, in company with Surveyor General Burr and Mr. Peltro, late of the topographical corps, I take the liberty of presenting to your notice a few incidents of rather mysterious and otherwise unpleasant character, which occurred to us during the trip. Travelling by way of the Indian farm in Sanpito county, we reached Fillmore on the morning of the 23d instant ; but learning that Kinosh, the Pah-vante chief, was very sick, we concluded to go on to the Indian farm at Corn creek to see him. But we had not proceeded far till we saw, between us and the base of the mountains, two persons on horseback going in the direction of the Indian lodges at full speed. I supposed them to be Indians, but before we reached the Indian settlement we saw them returning by the same route. When we drew up to the lodges I asked who they were? the Indians said they were Mormon boys, and on inquiring what they had come down in such a hurry for, they answered, Nothing. After some little confusion when we first drove up, the Indians became quiet, and appeared glad to see us. We remained with them until the 25th, when, as the weather was becoming more inclement, we returned to Fillmore, and put up at the house of Mr. Peter Robinson, where we were received and entertained in a hospitable manner. In the evening we were visited by Mr. Edwin Pugh, who invited two young men of our party, R. W. James and James White, to accompany him to his house, which they did ; but they had not been there long till some persons began to stone the house, some of the rocks passing through the windows and smashing the lights. Mr. P. ran out and asked what they meant ? They asked what he was doing with those damned Americans about his house? Mr. P. said they were not Americans, but Mormons. They replied that they were no better than Americans, or they would not be with them. I state these facts as they were related to us the next morning by the young men. Mr. Pugh also informed us that the young men who went ahead of us in such haste to the Indian camp had been sent by the bishop to tell the Indians that the Americans were coming to their camp to arrest the murderers of Captain Gunnison, and to advise them to look out. As we were about leaving, I did not investigate the

182      UTAH EXPEDITION.

matter any further. But as the subject came up again in the evening, after we had camped for the night, I thought to ask Pin-tuts, who had accompanied us from Spanish fork, if he had heard the Pah-vantes say anything about it ; he said when he reached their camps, some two or three miles ahead of us, the Pah-vantes were in great confusion, and some of them were running off. They said that the Mormons had sent them word that the Americans were coming to tie them, but he told them that they were fools, for we were not tying captains, but friends, and were coming to give them presents. On the next day some teamsters, whom we met, asked Pin-tuts who we were ; the Indian replied that we were Americans. They told him that we were " cots-at," (not good.) He told them they were fools, and passed on. Now I am satisfied, sir, that you cannot approve of such conduct, and may easily imagine how direful the consequences might have been to our little party, when we, unsuspectingly, drove up to their village and camped for the night, had it not been for the interposition of our faithful friend and guide in behalf of our innocence.

            Soon after commencing my labors among the Indians of this Territory, I learned that they made a distinction between the Mormons and Americans, which I thought was not altogether compatible with correct policy, believing that it would ultimately operate to the prejudice of one or the other party, and I have not been backward in expressing my views on all suitable occasions, to the people in regard to this matter, and have almost invariably, as my interpreters will certify, took occasion in my intercourse with the Indians, to teach them that there is no distinction between the two classes, but that we were all the Great Father's people. If they believe me they will accuse the opposite party with lying and attempting to deceive them, and then how easy it will be for men to imagine that I am stirring up prejudices among the Indians against the people, and the foul aspersions of slander will brand me, and I am to be hunted down for crimes of which they, themselves, are the guilty perpetrators.

            I am not unmindful of the delicate position I occupy as a mediator between the two races in this Territory, yet I am not unwilling that my official conduct should be subjected to the strictest scrutiny, for I am satisfied that our prospects for success in the policy which has been adopted for the civilization of the Indians in this Territory, depends greatly upon the conduct of those with whom they are daily brought in contract, and it is to be regretted that men will so far forget themselves, and the relations they sustain, both to Indians and to government, as to be guilty of gross misrepresentations so fatal to their own peace and prosperity.

            Very respectfully, yours, &c.,

GARLAND HURT,

Indian Agent.

His Excellency BRIGHAM YOUNG,

            Governor, &c.

UTAH EXPEDITION.           183

No. 27.

OFFICE OF INDIAN AGENT, UTAH,

Great Salt Lake City, November 20, 1856.

            SIR : As a large number of claims against government, for losses of property in consequence of Indian depredations in Utah, have received my certificate, I deem it proper to state that I entertained doubts of the propriety of encouraging them ; but as I had already sanctioned some of a similar character before I was aware of the amount to be presented, I have concluded that they would enable you to judge more correctly of the wisdom of the boasted policy of his excellency Brigham Young, which has been conducted at the sacrifice of the lives and property of a deluded populace, who are now groaning in poverty and distress.

            If his excellency's boasted civilization of the Utahs is to be sustained at such a sacrifice as these claims show, it is difficult to conceive what advantage has been derived from it ; and I would say further, that if half the amount that is here presented had been appropriated and used in a proper manner for the civilization of the Indians during the last three years, the whole of this same Utah tribe, and all others in the vicinity of these settlements might, by this time, been happily located and in the enjoyment of many, if not all, the comforts of civilized life, and that, too, without the complaint of a single individual in the Territory for losses.

            Very respectfully, your obedient servant,

GARLAND HURT,

Indian Agent, Utah.

Hon. GEO. W. MANYPENNY,

            Commissioner Indian Affairs, Washington, D. C.

__________

No. 28.

OFFICE SUPERINTENDENT OF INDIAN AFFAIRS,

Great Salt Lake City, September, 12, 1857.

            SIR : Enclosed please find abstract, account current, and vouchers, from 1 to 35, inclusive, (also abstract of employes) for the current quarter up to this date, as, owing to the stoppage of the mail, I have deemed it best to avail myself of the opportunity of sending by private conveyance, not knowing when I may have another chance. The expenditure, as you will observe by the papers, amount to $6,411 38, for which I have drawn my drafts on the department in favor of Hon. John W. Bernhisel, delegate to Congress from this Territory. You will also observe that a portion of these expenditures accrued prior to this quarter, which may need a word of explanation.

            Santa Clara is in Washington county, the extreme southern county of this Territory, and this labor was commenced and partly performed; seeds, grain, &c., furnished prior to the time that Major Armstrong visited those parts of the Territory, hence failed to find its way into his reports, and failed being included in mine because the accounts and vouchers were not sooner brought in, and hence not settled until recently. But little has been effected in that part of the Territory at

184      UTAH EXPEDITION.

the expense of the government, although much has been done by the citizens in aiding the Indians with tools, teams, and instruction in cultivating the earth. The bands mentioned are part of the Piede tribe of Indians, who are very numerous, but only in part inhabit this territory. These Indians are more easily induced to labor than any others in the Territory, and many of them are now engaged in the common pursuits of civilized life. Their requirements are constant for wagons, ploughs, spades, hoes, teams, and harness, &c., to enable them to work to advantage.

            In like manner, the Indians in Cache valley have received but little at the expense of the government, although a sore tax upon the people. West and along the line of the Oregon and California travel they continue to make their contributions, and, I am sorry to add, with considerable loss of life to the travellers. This is what I have always sought by all means in my power to avert, but I find it the most difficult of any portion to control. I have for many years succeeded better than this. I learn by report that many of the lives of the emigrants and considerable quantities of property have been taken. This is principally owing to a company of some three or four hundred returning Californians, who travelled those roads last spring to the eastern States, shooting at every Indian they could see—a practice utterly abhorrent to all good people, yet, I regret to say, one which has been indulged in to a great extent by travellers to and from the eastern States and California ; hence the Indians regard all white men alike their enemies, and kill and plunder whenever they can do so with impunity, and often the innocent suffer for the deeds of the guilty. This has always been one of the greatest difficulties that I have had to contend with in the administration of Indian affairs in this Territory. It is hard to make an Indian believe that the whites are their friends, and the Great Father wishes to do them good, when, perhaps, the very next party which crosses their path shoots them down like wolves.

            This trouble with the Indians only exists along the line of travel west, and beyond the influence of our settlements. The Shoshones are not hostile to travellers, so far as they inhabit in this Territory, except, perhaps, a few called " Snake Diggers," who inhabit, as before stated, along the line of travel west of the settlements. There have, however, been more or less depredations the present season north, and more within the vicinity of the settlements, owing to the causes above mentioned, and I find it of the utmost difficulty to restrain them. The sound of war quickens the blood and nerves of an Indian. The report that troops were wending their way to this Territory has also had its influence upon them In one or two instances this was the reason assigned why they made the attacks which they did upon some herds of cattle. They seemed to think it was to be war ; they might as well commence and begin to lay in a supply of food when they had a chance. If I am to have the direction of the Indian affairs of this Territory, and am expected to maintain friendly relations with the Indians, there are a few things that I would most respectfully suggest to be done :

            First. That travellers omit their infamous practice of shooting them down when they happen to see one. Whenever the citizens of this

UTAH EXPEDITION                        185

Territory travels the roads they are in the habit of giving the Indians food, tobacco, and a few other presents, and the Indians expect some such trifling favor, and they are emboldened by this practice to come up to the road with a view of receiving such presents. When, therefore, travellers from the States make their appearance they throw themselves in sight with the same view, and when they are shot at, some of their number killed, as has frequently been the case, we cannot but expect them to wreak their vengeance upon the next train.

            Secondly. That the government should make more liberal appropriations to be expended in presents. I have proven that it is far cheaper to feed and clothe the Indians than to fight them. I find, moreover, that after all, when the fighting is over, it is always followed by extensive presents, which, if properly distributed in the first instance, might have averted the fight. In this case, then, the expense of presents are the same, and it is true in nine-tenths of the cases that have happened.

            Thirdly. The troops must be kept away, for it is a prevalent fact that, wherever there are the most of these we may expect to find the greatest amount of hostile Indians and the least security to persons and property.

            If these three items could be complied with, I have no hesitation in saying that, so far as Utah is concerned, that travellers could go to and from, pass and repass, and no Indian would disturb or molest them or their property.

            In regard to my drafts, it appears that the department is indisposed to pay them; for what reason I am at a loss to conjecture. I am aware that Congress separated the office of superintendent of Indian affairs from that of governor ; that the salary of governor remained the same for his gubernatorial duties, and that the superintendent's was fifteen hundred. I do think that, inasmuch as I perform the duties of both offices, that I am entitled to the pay appropriated for it, and trust that you will so consider it.

            I have drawn again for the expenditure of this present quarter, as above set forth. Of course you will do as you please about paying, as you have with the drafts for the two last quarters.

            The department has often manifested its approval of the management of the Indian affairs in this superintendency, and never its disapproval. Why, then, should I be subjected to such annoyance in regard to obtaining the funds for defraying its expenses? Why should I be denied my salary ; why should appropriations made for the benefit of the Indians of this Territory be retained in the treasury and individuals left unpaid ? These are questions I leave for you to answer at your leisure, and, meanwhile, submit to such course in relation thereto as you shall see fit to direct.

            I have the honor to be, most respectfully, your obedient servant,

BRIGHAM YOUNG,

Governor, and ex-officio Superintendent of Indian Affairs,

Utah Territory.

Hon. JAMES W. DENVER,

            Commissioner Indian Affairs,

                        Washington City, D. C.

186      UTAH EXPEDITION.

No. 29.

DEPARTMENT OF THE INTERIOR,

Office Indian Affairs, Washington, November 11, 1857.

            SIR: Your communication of the 12th of last September has been received, and would not require a formal reply were it not for the effort you make to place this office in the wrong, when, in fact, whatever difficulties exist, have resulted from your own conduct. As the superintendent of Indian affairs for Utah Territory, it was your duty to keep a supervisory control over the different agents, and to see that they did not exceed their authority. It was your duty, also, to notify them of all things pertaining to their duties, and especially to keep them, in their expenditures, within the appropriations made for your superintendency. Their reports were made to you, and by you transmitted here. You cannot, therefore, plead ignorance of their transactions, knowing then the amount of the appropriations, and being fully advised of the affairs of the agents, and that money could not be taken out of the treasury without an act of Congress, you have allowed the drafts to exceed the appropriation to the amount of $31,380 50 to the close of the fiscal year, ending 30th June, 1857. When the agents were notified that their drafts could not be paid in consequence of the appropriations having been exhausted, and rebuked for exceeding them, they replied that they had no information from you on the subject. These communications passed through your hands, and yet you seem to have passed them by unnoticed. With a full knowledge then of all the facts, you took no steps, so far as this office is informed, to protect the public interests, or to keep your subordinates within the proper sphere of their duties. On the contrary you seem to have been disposed to encourage these things, as is evidenced in your orders to Agent Hurt, sending him to Carson's valley, at a heavy expense to the government, when it was well known that the services of an agent were not required in that quarter ; and again when you fitted out an expedition yourself, and conducted it northward, out of your superintendency, to give presents to Indians not under your control. From all this it follows that if your drafts are not paid, you have no right to complain, because you knew, at the time, that the appropriations on which they were drawn were exhausted.

            But, even if the money was in the treasury ready for the Indian service in Utah, I do not see how it can be applied to the payment of your drafts until they shall have first passed through the strictest scrutiny ; for this department has information from reliable sources, that, so far from encouraging amicable relations between the Indians and the people of the United States outside of your own immediate community, you have studiously endeavored to impress on the minds of the Indians that there was a difference between your own sect, usually known as Mormons, and the government and other citizens of the United States—that the former were their friends and the latter their enemies.

            In addition to this, you have been denouncing this government and threatening an armed resistance to the authorities sent out by the

UTAH EXPEDITION.           187

President. Indeed, unless you and your coadjutors are most grossly misrepresented, and your language misquoted, the appearance of those authorities among you is all that is necessary to prompt you to an overt act of treason. It could never have been intended, when the appropriations were made by Congress, that the money should be used in arousing the savages to war against our own citizens, or to enable a subordinate officer to carry on treasonable practices against his government. The rule of this office is to withhold annuities from the Indians whenever they place themselves in a hostile or antagonistic attitude towards the government, and I know of no reason why the same rule should not be applied to you at this time ; but, as the appropriation has been exhausted, it is not necessary to consider that question now. You say " the troops must be kept away, for it is a prevalent fact that wherever there are the most of these, we may expect to find the greatest amount of hostile Indians, and the least security for persons and property." The troops are under the direction of the President, and it is fair to presume that he would not send them to Utah Territory unless there was a necessity for so doing ; and if it be true that, wherever the greatest number of troops are there are to be found the greatest number of hostile Indians, it arises from the fact that the troops are necessary at such places to preserve the peace and to keep the Indians in subjection. There is no reason why persons and property should be any the less secure in the neighborhood of the troops ; nor is there any reason why peaceable citizens should object to their presence. If it is your intention to preserve peace, the troops will not interfere with you ; but if you intend otherwise, then it is necessary that the troops should be on the ground to enforce it.

            It is much to be regretted that such a state of affairs should exist, and it is always with great reluctance that we arrive at the conclusion that American citizens should at any time require the strong arm of power to compel obedience to the laws, or that a subordinate officer should so far forget his duty as to use his official position to injure one portion of his fellow-citizens, and to alienate another portion from loyalty to their government. But, when convinced of the existence of such facts, the chief executive has no alternative left but to crush out rebellion ; and for this purpose all the powers of the government are placed under his control.

            Your claim for double salary cannot be allowed, for even if it did not come in conflict with the general rule which forbids the payment of two salaries at the same time to the same persons, yet you could not be entitled to it, for the reason that you became superintendent of Indian affairs by virtue of your appointment as governor of the Territory ; and although these offices have since been separated, yet you had not, at the date of your communication, been relieved from the duties appertaining to them. Your other accounts will be examined into, and whenever it shall be ascertained that the expenditure was properly made it will be paid, should Congress make an appropriation for that purpose.

            You say " the department has often manifested its approval of the management of the Indian affairs in this superintendency, and never its disapproval." The reverse of this is the fact. This office has

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often found fault with your conduct, and to prove this it is only necessary to quote your own language. One extract from your communication to this office, dated "Great Salt Lake City, June 26, 1855," will suffice. You there say, " for the last two years I have experienced the greatest difficulty in getting my accounts adjusted at the department; and when they have finally been so adjusted, that it has been done by suspending and disallowing a great portion thereof." Many similar extracts might be given, but this is sufficient to establish the incorrectness of your statement that this office had never manifested its disapproval of your conduct.

            I have the honor to be, very respectfully, your obedient servant,

J. W. DENVER,

Commissioner.

His Excellency BRIGHAM YOUNG,

            Great Salt Lake City, U. T.

__________

No. 30.

            DEPARTMENT OF THE INTERIOR,

            Office of Indian Affairs, November 24, 1857.

            SIR : You are, doubtless, aware of the condition of affairs in the Territory of Utah, and of the fact that the President has found it necessary, in consequence of the attitude which the Mormons, so called, have placed themselves in towards the government, to send a portion of the army to that country. The department has been advised that steps have been taken by persons of that sect to endeavor to alienate some of the tribes of the Upper Platte from their allegiance to the United States ; and, presuming that it is not improbable that the same means may be used, or attempted, with the tribes of the Territory of New Mexico bordering upon Utah, or that they may be excited by the scenes which may occur between the troops and that misguided people, it is necessary that every precaution should be taken to keep them quiet. You are, therefore, instructed to use every endeavor in your power to effect this object. If it is necessary that you should visit them in person you are required to do so, and to use all funds in your hands applicable to such a purpose, if requisite, in making presents, or otherwise, for the purpose of conciliating them. Indeed, you are authorized to draw upon this office, if absolutely demanded, for a sum not exceeding ten or fifteen thousand dollars, which can be so applied. Yet, all pains should be taken to observe the strictest economy in its expenditures, taking care to satisfy yourself that strong reasons exist for every item laid out.

            Should you fail in your efforts to keep the Indians in a state of peace and quiet, then your aim should be to array them against such other Indians as may be found on the side of the enemies of the government, and to spare no pains to prevent them from attacking the whites. The object of the government is to keep them quiet, if possible ; but if that cannot be done, then to control them in such a manner as to direct their attacks only against those savages who may take up arms against our people.

            It will be necessary for you to proceed with great caution and delicacy in this matter, so as not to excite the minds of the Indians. By keeping a vigilant watchfulness over their movements you will be able to inform yourself whether it may become necessary to take any steps in the premises, and for this purpose you should notify the agents of your superintendency to keep you well informed of the temper and intentions of the Indians in their agencies. They should have every facility afforded them to ascertain the feelings of the Indians, and to keep them on good terms with our citizens.

            The location of Agent Carson will make his position, in the present emergency, a very important one, and he, particularly, should be cautioned to leave nothing undone to carry out the wishes of the government.

            Very respectfully,        

J. W. DENVER,

Commissioner.

J. L. COLLINS, Esq.,

Superintendent, Sante Fe, New Mexico.

__________

No. 31.

OFFICE SUPERINTENDENT INDIAN AFFAIRS,

Santa Fe, N. M., January 14, 1858.

            SIR : Your letter of instructions relative to the proper course to be pursued by the superintendent of Indian Affairs for this Territory, in the anticipated emergency with the Mormons in Utah Territory, has been received, and in the absence of the superintendent, such steps taken as is thought will accomplish the wishes of the government.

            Immediately after perusing your instructions an express was despatched for agents Carson and Archutela. They arrived here on the 11th, and I had a full and free conversation with both of them. Agent Carson informed me that there were evident symptoms of dissatisfaction and hostility on the part of one or two bands of the Utahs living on Grande river, and in close proximity to the Mormon settlements. He is satisfied that the Mormons have been active in their efforts to incite these Indians against the whites, and that even now there are Mormon emissaries (of the Salt Lake Indians) in the vicinity of the settlements of this Territory. The Tabamuateh and Muateh Utahs are those bands which it is believed will be most likely first to become estranged from our government. These bands reside near the Mormon settlements, and are in constant communication with the Utahs of Salt Lake, whose language they speak. The country from Grand river to Salt Lake is an almost continuous settlement of Utah Indians, and the defection of one band will be very likely to spread until it includes the whole nation, all of whom are treacherous and unreliable.

            The Capote Utahs are within the agency of Drego Archuleta. Mr. Archuleta informs me that they have made frequent complaints to

190      UTAH EXPEDITION.

him of their meagre allowances, and taunt him almost daily with a reiteration of the liberality of the Mormon " lata." They are very supercilious and insulting.

            I have instructed Agent Carson to use the utmost diligence in removing any feeling of hostility that may be growing upon the band of his agency. To accomplish this object, he has been directed to increase their allowances, especially of meats, by degrees, and to report to this office the development that may from time to time be made. He has also been cautioned not to, in any manner, excite the Indians, and likewise to make no expenditures which will not be calculated to promote the interest of the government in the present emergency. Similar instructions have been issued to Agent Archuleta.

            Both Messrs. Carson and Archuleta entertain hopes that they will be able to keep the Indians of their agencies neutral, should the difficulty with Utah Territory ripen into a formal and active war. Mr. Carson is now en route for the grounds of the Tabamuateh and Muateh Utahs. His presence in their midst with his known faculty of winning their confidence and respect, will not fail, I trust, to have a favorable influence with them.

            In this connexion, it is proper to state that I have instructed Messrs. Carson and Archuleta to forego any efforts at present to reconcile the differences between the Utahs and the Navajoes. Were these difficulties adjusted the Utahs would feel less embarrassed, and more disposed to contract " entangling alliances " with the Mormons, and those other Indians who are in known co-operation with Brigham Young. Hence this course. I shall likewise direct agent Harley to abate his efforts for the present to bring about a peace between these two tribes.

            Hoping that the action of the undersigned in the present important emergency will meet with the approbation of the honorable Commissioner, I have the honor to remain yours, &c.,

S. M. YOST,

Indian Agent, and Acting Superintendent Indian Affairs,

Santa Fe, New Mexico.

HON. J. W. DENVER

            Commissioner Indian Affairs, Washington City, D. C.

__________

No. 32.

DEPARTMENT OF INTERIOR,

            Office Indian Affairs, September 22, 1857.

            SIR : A letter, dated the 13th of July, has just been received from Agent Twiss, of the Upper Platte, stating that a settlement has been made by the Mormons within the limits of his agency, under the pretence of a contract entered into by the Mormon Church to carry the mail from Independence to Salt Lake City. They took possession of the valley of Deer creek on the 25th of May, which lies 100 miles west of Laramie, where the agent states he had located a band of

UTAH EXPEDITION.           191

Sioux ; have built houses capable of accommodating 500 persons ; have ploughed and planted 200 acres, and number about 300. The agent earnestly calls the attention of the department to this invasion of the Indian territory, and states his inability to do anything in the premises ; and suggests that such steps may be taken by the President as the circumstances may in his judgment require.

            For your information, I would state that the region of country stated to be occupied was assigned to the Sioux, and recognized to belong to them by the treaty of Laramie, of the 17th of September, 1851.

            In connexion with this case, I would state the views which were taken by this office in that of a Mr. Jacob Hall, a contractor to carry the mails from Independence to Santa Fe. Mr. Hall stated in a communication to the Postmaster General, which was referred to this office, that, as mail contractor he had necessarily made improvements on the lands of the Kansas Indians, upon which communication a report was made to the Secretary of the Interior to the effect that while the intercourse law gave no express authority to citizens of the United States to go or reside among the Indian tribes, except under certain circumstances specified by law, yet it did forbid a citizen from driving or otherwise conveying " any stock of horses, mules, or cattle to range or feed on any land belonging to an Indian or Indian tribe without the consent of such tribe," but that Mr. Hall being in the country, engaged in the public service, this office would be pleased to do all that the law would allow to facilitate the discharge of his duties and to accommodate the Postmaster General ; and so far as he confined himself to mere residence and occupancy of the improvements which he had already made, with the consent of the Indians, no difficulty would be thrown in his way, but that no authority existed under which permission could be granted to extend his improvements, make use of the timber, or cultivate lands. This office was then requested by the Secretary to re-examine the matter in connexion with the law passed by Congress on the 3d of March, 1855, with respect to contractors for carrying the mail through one of the Territories west of the Mississippi, and reported that, according to its construction of the provision, " that each contractor engaged or to be engaged in carrying the mails through any of the Territories west of the Mississippi, shall have the privilege of occupying stations at the rate of not more than one for every twenty miles of the route on which he carries a mail, and shall have a pre-emption right therein, when the same shall be brought into market, to the extent of 640 acres, to be taken contiguously, and to include his improvements," it had reference only to those lands to which the Indian title had been extinguished and surrendered to the United States, and not to lands belonging to tribes to which the title had not been extinguished, and therefore not applicable to the case of Mr. Hall, as his station was upon the lands of the Kansas Indians, to which their title had not been extinguished.

            I have cited the views in full of the Indian Office in regard to the rights of Mr. Hall, and deem the same views applicable in this instance, which I have the honor to submit, together with a copy of the

192      UTAH EXPEDITION.

agent's letter that such steps may be taken as in your judgment maybe advisable and proper.

            Very respectfully, your obedient servant,

CHARLES E. MIX,

Acting Commissioner.

Hon. J. THOMPSON,

            Secretary of the Interior.

__________

[No. 33.]

INDIAN AGENCY OF THE UPPER PLATTE,

On Raw Hide Creek, July 13, 1857.

            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 pretence 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.

            On the 25th 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.

            I left that Indian band on the 23d May to attend to matters connected with the Cheyenne band, in the lower part of the agency.

            I have information from a reliable source that these Mormons are about three hundred in number, have ploughed and planted two hundred acres of prairie, and are building houses sufficient for the accommodation of five hundred persons, and have a large herd of cattle, horses, and mules.

            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.

            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.

            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 order 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.

UTAH EXPEDITION.           193

No. 34.

DEPARTMENT OF THE INTERIOR,

Office Indian Affairs, November 7, 1857.

            SIR : I have the honor to state, for your information and consideration, that 1 have just received from Agent Twiss a communication, in my opinion, of much importance. He informs me that he had, at the date of his letter, the 15th of September, just returned from a visit to the western part of his agency, undertaken in consequence of a rumor that the Mormons had been tampering with the various Indian tribes of that region, and that he learned from the Arapahoes that they had been told by the Mormons that they were one people in customs, laws, and religion, and ought to be more closely united, as the President was sending troops to Utah for the purpose of dispossessing the Mormons of their lands, and when that was effected it would be an easy matter to dispossess the several Indian tribes; and he was further informed by the Arapahoes that they had also held " talks" with the Snake, Crow, Flathead, and Nez Perce tribes.

            The agent advises that some one should be sent to all the tribes along the base of the Rocky mountains, to the north and northeast of Utah, for the purpose of counteracting the probable ill effect of these evil communications, and proposes to undertake the performance of the service himself this winter, and estimates that the outfit and necessary presents to secure the proposed object will not exceed five thousand dollars.

            I agree with the agent as to the expediency of the measure, and would recommend that he be selected and instructed, at once, to act in the premises.

            I send up herewith a copy of the agent's letter, and would respectfully advise that it be brought to the attention of the President.

            As the policy of employing Indian volunteers may form the subject of a future communication from me, I beg leave to direct your attention to the remark of Mr. Twiss, that " the Arapahoes are true to the government, and will cheerfully volunteer to accompany the troops to Utah, if their services are required."

            Very respectfully, your obedient servant,

J. W. DENVER,

Commissioner.

Hon. J. THOMPSON,

            Secretary of the Interior.

__________

 

No. 35.

OFFICE SUPERINTENDENT INDIAN AFFAIRS,

St. Louis, November 2, 1857.

            SIR : I have the honor to enclose, for the consideration of the department, a letter of 15th September, ultimo, from Agent Twiss, reporting that the Mormons have been recently tampering with the

194      UTAH EXPEDITION.

Arapahoes and other tribes, with a view to induce them to join in a league against the United States, and suggesting the idea of sending an agent to the tribes scattered along the base of the mountains, for the purpose of securing their allegiance.

            Very respectfully, I am, sir, your obedient servant,

JOHN HAVERTY,

Superintendent Indian Affairs.

Hon. J. W. DENVER,

            Commissioner Indian Affairs.

__________

No. 36.

INDIAN AGENCY OF THE UPPER PLATTE,

On Raw Hide Creek, September 15, 1857.

            SIR : I have just returned to this post from a visit to the western part of the agency, undertaken in consequence of reports having reached me that the Mormons had been tampering with various bands of Indians within and bordering upon the western part of this agency. The chiefs of the Arapahoe band informed me that the Mormons, who commenced a settlement of Deer creek, this side of the North Platte bridge, the circumstances of which I reported to the department in July last, have held " talks" with them, and stated that the Mormons and the Arapahoes were one people in customs, laws, and religion, and ought to be more closely united, as their " Great Father" was sending troops to Utah to take away the country from the Mormons ; and when this was accomplished, it would be an easy matter to take all of the country belonging to the various bands of Indians.

            These Mormons represented to the chiefs that they had already held " talks" with, and engaged, by giving presents, the Snake, Crow, Flathead, and Nez Perce tribes to join them. They gave no presents to the Arapahoes, but made large and liberal promises, and concluded by saying they were planting corn, and would soon have plenty to give all of the Arapahoes and others who might come to their post.

            I have sent runners to the Snake and Crow tribes to meet me in council at the North Platte bridge in October, and I have no doubt, by judicious advice and timely admonition, and a few inconsiderable presents, I may be able to hold them true to their allegiance.

            The Arapahoes are true to the government, and will cheerfully volunteer to accompany the troops to Utah, if their services are required.

            If the department should deem it advisable to send an agent to all of the tribes along the base of the Rocky mountains to the north and northeast of Utah, I should be pleased to perform the duty, and make the journey during the ensuing winter.

            I have strong reasons for believing that such an expedition would result in permanent advantages and good to the government and the Indian tribes, compared with the expenses, which need not, in outfit and suitable presents to the chiefs, exceed five thousand dollars.

UTAH EXPEDITION.           195

            I request that the subject-matter of this communication may be laid before the honorable the Commissioner of Indian Affairs.

            Very respectfully, your obedient servant,

THOMAS S. TWISS,

Indian Agent, Upper Platte.

Colonel CUMMING,

            Superintendent Indian Affairs.

__________

No. 37.

DEPARTMENT OF THE INTERIOR,

November 9, 1857.

            SIR : Your report of the 7th instant, covering copy of a communication from Agent Twiss, in reference to the attempts of the Mormons to seduce from their allegiance several of the tribes within his agency, has been received and considered.

            Regarding it as of great importance, in the present contingency, that any symptoms of disaffection among the wild tribes in the vicinity of Fort Laramie should be promptly suppressed, I concur with you in approving the suggestion of Agent Twiss, that an agent should be sent to all the tribes along the base of the Rocky mountains to the north and northeast of Utah ; and it appears to me that Agent Twiss is the most proper person who could be selected for the performance of this duty.

            You will, therefore, take steps to supply Agent Twiss, at once, with the means of carrying out his suggestion, and issue to him such instructions as you may deem best fitted to secure the object in view.

            Very respectfully, your obedient servant,

J. THOMPSON, Secretary.

Hon. JAMES W. DENVER,

            Commissioner of Indian Affairs.

__________

No. 38

DEPARTMENT OF THE INTERIOR,

Office Indian Affairs, November 11, 1857.

            SIR : I have to acknowledge the receipt of your letter of the 2d instant, transmitting one from Agent Twiss, in which the information is communicated that the Mormons have been tampering with the various Indian tribes within and bordering upon the western part of his agency, especially the Arapahoes.

            I have conferred with the Secretary of the Interior, and he agrees with me as to the propriety of adopting the course advised by the agent. I have, therefore, to direct that you immediately inform Mr. Twiss that the measures already taken by him meet with my appro- 

196      UTAH EXPEDITION.

bation, and he is instructed to visit, at the earliest possible period, all of the Indian tribes along the base of the Rocky mountains to the north and northeast of Utah, mentioned in his letter, or such of them as may be advisable, and to use such means as to him may seem discreet and proper to obviate the effects of any ill advice which they may receive from these misguided or badly disposed persons, by convincing them of the folly of doing otherwise than remaining upon friendly terms with the government, by persuading them of the interest which the government has in their welfare and happiness, and by exposing the entirely selfish and bad ends which they are invited to assist in accomplishing, but which can never be carried out.

            For discharging this duty, the agent is hereby authorized to draw upon this office for an amount not exceeding, in any event, five thousand dollars, to be used in defraying his expenses, and the purchase and transportation of presents intended to conciliate and to inspire feelings of friendship. And for the expenditure of the amount that he may draw for, or any part thereof, vouchers must be furnished where practicable, and where not practicable his certificate upon honor must be given.

            Very respectfully, your obedient servant,

J. W. DENVER, Commissioner.

JOHN HAVERTY, Esq.,

            Superintendent of Indian Affairs, St. Louis, Missouri.

__________

No. 39.

INDIAN AGENCY OF THE UPPER PLATTE,

On Deer Creek, November 7, 1857.

            SIR: I have to acknowledge the receipt, on the 1st instant, of a letter from the department, dated July 25, granting me leave of absence, provided the affairs of the agency would permit.

            In consequence of reliable information coming into my possession as to the fact that the " Mormons" had been holding " talks" with the Indian chiefs of the Mountain tribes, the plain object of which was to induce the chiefs to join the " Mormons" in hostilities against the United States government, I deem it my duty to remain at my post, in order to watch, and, if possible, detect and baffle any future efforts or movements that may be made in tampering with the allegiance of the Indian tribes.

            I am under the belief that a wide-spread conspiracy was set on foot last spring, and Mormons were sent to all of the Indian tribes as far north as Washington Territory. I would respectfully suggest, and urgently press upon the attention of the department, the advantages, if not the absolute necessity, of sending a " special agent" to those tribes along the base of the Rocky mountains reported to have been visited by the Mormons ; and if it should prove true that such is the fact, that the agent may, by timely

UTAH EXPEDITION.                       197

admonitions and warnings to the Indian chiefs, hold them true to their allegiance.

            Very respectfully, your obedient servant,

THOMAS S. TWISS,

Indian Agent, Upper Platte.

Hon. J. W. DENVER,

            Commissioner of Indian Affairs.

__________

No. 40.

DEPARTMENT OF THE INTERIOR,

Office Indian Affairs, January 11, 1858.

            SIR: I have to acknowledge the receipt of your letter of the 7th of November, saying that, in consequence of the condition of the affairs of your agency, you will not avail yourself of the conditional leave of absence accorded to you by the department on the 25th of July, and pressing upon the attention of the department the necessity of sending a special agent among the tribes residing along the base of the Rocky mountains to counteract the effect which the Mormons may have produced upon their allegiance.

            For fear that you may not, from any cause, have received directions in this matter, which Superintendent Haverty was instructed on the 11th of November last to give you, in pursuance of the intelligence communicated by you as a cautionary measure, I herewith send you a copy of the letter addressed to him, in which you will find the views of the department and the part authorized to be taken by you.

            Very respectfully, your obedient servant,

CHARLES E. MIX,

Acting Commissioner.

THOMAS S. TWISS, Esq., Agent,

            Indian Agency of the Upper Platte, Deer Creek,

                        Fort Laramie Post Office.

__________

No. 41.

ST. PAUL, MINNESOTA, February 2, 1858.

            MY DEAR SIR: The Sioux and Chippewa Indians have had intimation that they would be soon ordered to "Washington;" in fact, that the order was under way ; but as yet nothing has been received. Pardon me if I say that I hope the Indian department will not change their intentions on that subject ; for, believe me, the effect will be a bad one, especially on the Sioux, who look to the matter as fixed about their being ordered in, and more certainly as they have deprived their families of money to enable them to do so, and would look upon it as a wish, on the part of the government, to keep them in the dark about their affairs. You have learned enough about Indians to understand how they reason, and there is no doubt had we had any other of their old

198      UTAH EXPEDITION.

agents or superintendents at the head of affairs here last summer, except yourself, the fortunes of Minnesota would have been in a pretty position. Do, then, insist upon their coming in—it is necessary, believe me. "Mormon" tobacco has been sent from tribe to tribe till it reached the Teeton Sioux, and from band to band to the hands of our Sisseton and Wah-pay-ton and "Crow" was sent for to Yellow Medicine, and offered to him to smoke. Of course, he declined, as well as the Sissetons and Wah-pay-tons, who also refused. This may be an Indian story, but it comes very straight to me, and at least shows the discontented feelings that exist. This report I heard before the news reached here of the visit of the " Shayienes" to Salt Lake City. The policy of showing the strength of the United States to our border Indians is a good one, depend on it. Excuse the liberty I take, but the many acts of kindness I have received from you instigate me to write to you freely. Mr. Sears tells me you will have me ordered to Washington about this Fort Snelling case ; I am posted on that question. With many thanks for that consideration, as well as many others already received,

            I remain, sir, your obedient servant and friend,

WM. HENRY FORBES.

Major W. J. CULLEN,

            Superintendent Northern Superintendency, at Washington City.

__________

No. 42

HEADQUARTERS OF ARMY, FOR U. T.

Camp Scott, Green River County, December 14, 1857.

            DEAR SIR : In compliance with a regulation of your department, making it the duty of superintendents to report annually, I submit the following report :

            Having been in the Territory of Utah but a few weeks, I have consequently but little to report. I arrived at this camp the latter part of last month, and was informed by Colonel Johnston, the commanding officer, that the army would go into winter quarters at this place. All the civil officers are stopping here, and I am obliged to do the same. I have been busily engaged in erecting a cabin in some degree suitable for an office and dwelling, and will have it finished in a few days

            " Little Soldier," chief of the small tribe of Sho-sho-ne Indians, visited me last Tuesday, and remained in camp two days. This chief had with him several of his men, and also an Indian named Ben Simons, formerly of the Delaware tribe, but for the last twenty years a trader among the Indians of this Territory. Ben speaks most of the languages of this region, and English sufficiently well to answer for an interpreter. "Little Soldier's" tribe is at present encamped in Weber Valley, on the road leading from this camp to Salt Lake, consequently in close proximity to the Mormons, and in a position to render essential service to the Mormons, should they be so disposed. Little Soldier assured me, however, that they have always kept aloof from Mormon delusions, and maintained strict integrity towards the United States and any of her citizens, who have travelled through his country. I have

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satisfied myself that they have not deceived me ; inasmuch as this tribe have not acceded to the wishes of the Mormons, and as an inducement for a continuance of friendship, I have given them some presents, for which they were very thankful and much pleased.

            I herewith transmit to you the report of agent Dr. Hurt. I have examined the report carefully, and have talked with men of unquestionable integrity who have seen the Indian farms, and, so far as I have been able to investigate the matter, justice compels me to bear favorable testimony to the policy of Dr. Hurt, in introducing agriculture among these tribes. Dr. Hurt has undoubtedly given his entire time and energies to improve the condition of the tribes in his neighborhood, and has, by his devotion to their interests, endeared himself much to them, and also stimulated other tribes, who have come many miles to visit these farms, and are asking instructions. Dr, Hurt has accomplished all this without any assistance from those around him, but in many instances had to encounter obstacles thrown in his way. For reasons for which Dr. Hurt abandoned the farms, I refer you to his letter to Colonel Johnston.

            Permanently locating the Indian tribes of this Territory, and the introduction among them of agricultural and mechanical pursuits, shall be my chief aim.

            I remain, very respectfully, your obedient servant,

J. FORNEY,

Sup't of Indian Affairs, U. T.

General J. W. DENVER,

            Commissioner of Indian Affairs.

__________

No. 43.

FORT BRIDGER, UTAH, December 4, 1857.

            SIR : In submitting an annual report of the condition of Indian affairs in Utah, it will be presumed that my observations have been limited to soma particular tribe or tribes, or to certain geographical boundaries, as others have been engaged in the service in this Territory besides myself ; but the peculiar method of conducting the service in this superintendency may justify a more general view of the subject.

            So far as personal observations enable me to speak, there is less discontent, less destitution, and a greater disposition to good order than I have known since the commencement of my official service in the Territory.

            These observations, however, do not extend to those distant bands in the western and extreme southern portions of the Territory, consequently I can say nothing in regard to them upon better authority than that of rumor. It is currently reported here that the Snake Diggers, of the Humboldt and Goose creek countries, have spent the season, as usual, in murdering and robbing the emigrant trains en route to California and Oregon.

200      UTAH EXPEDITION.

            In my report of September, 1856, having spent a great portion of the spring and summer seasons among them, I was enabled to treat more at length of the character, condition, and state of feeling of the various tribes of these very degraded people, to which I must refer you for particulars, as I presume their leading characteristics have not materially changed since that time.

            My attention during the season has been directed more particularly to the different bands of the Utahs and Snakes proper ; especially the former, with whom I have lived almost exclusively since the 1st of January last, and devoted myself diligently in trying to induce them to cultivate the soil, and in endeavoring to instil into their benighted minds a knowledge of the arts of peace.

            With what degree of success these efforts have been attended, it is, perhaps, impossible for me to speak at present. If in any permanent degree their wandering feet have been diverted from the paths of those natural or inborn national views which point with so much certainty to their final extermination, it is to the future that we must look for its development. With a majority of the wild tribes it is useless to expect anything like a permanent change in the present generation. To the future, then, we must turn our anxious thoughts, and realize in anticipation the rewards of the toilings and care of the philanthropist. In the spring of 1856 I established there Indian settlements for the benefit of those bands of the Utah and Pah Vante Indians who claim the lands now occupied by the white settlements. At each of those localities I have erected buildings suitable for the accommodation of a few white laborers, and for the storing of the crops, farming implements, &c., and assisted the chiefs and principal men in building suitable huts for themselves and families.

            During the present year a small band of very degraded Utahs, known as the Sanfritches, have been located on the headwaters of Sanfritch creek, as also a small band of Utahs and Pintes, under a chief named Ammon, on Beaver creek, in Beaver county ; the latter, however, with but little trouble or expense, except to supply the chief with a yoke of cattle to plough his land with.

            For an estimate of the number of acres had under cultivation at each of these settlements this season, I must refer to my letter of the 30th June, to the Commissioner of Indian Affairs, a copy of which is herewith transmitted.

            No further improvements have been made since that time, and only so much white labor has been employed as appeared indispensable to assist the natives in maturing and harvesting their abundant crops, an estimate of which is also transmitted herewith, together with a list of the property at each of these settlements, with an estimate of the value of the same.

            The amount of grain, vegetables, and forage produced at these settlements this season is deemed amply sufficient, not only to supply the wants of those bands who have made permanent abodes thereon, but also to furnish the means of subsistence temporarily for the more populous bands outside of the white settlements, who are occasionally reduced to the most extreme state of destitution, and whose annual visits among the white inhabitants have hitherto been a source of great

UTAH EXPEDITION.           201

trouble and expense. One of these pilgrimages was made into Utah county this season by those bands of the Utahs who claim the extensive country east of the Wah-satch mountains as their homes.

            Those starving creatures had evidently two objects in their visit: first, to search for food ; second, to see if all they had heard of their brethren in the valley having gone to work and had plenty to eat were true ; and though they appeared agreeably surprised to witness with their own eyes, at least in part, the truth of what they had heard, their visit was not by any means a pleasant one to myself; for it not only retarded the progress of our work by the renewal of vicious and ill practices among the boys about the farms, but by their constant and pressing importunities for the means of subsistence, with which it was almost entirely impossible for me to supply them, as I had already exhausted the appropriation for the fiscal year.

            It is due, however, to the Mormon community to admit that these wants were greatly mitigated by the liberal contributions of flour and other articles of food, made under the directions of their Indian missionary enterprise, whose agents were unusually active during the past season.

            The plan of operating under this missionary system is quite peculiar to Mormonism ; and perhaps the most objectionable feature in it is their inordinate desire to court the favor and alliance of the natives to the exclusion and prejudice of all other communities ; and yielding too far to this disposition, not only tempt themselves with a violation of the laws of the country, but actually tempt the Indians to take advantage of their position, which they seem well to understand and appreciate, and tax them with a thousand annoyances that might otherwise be obviated. At one time during the season I was inclined to think that, with a little improvement, this system would be quite sufficient to subsist the Indians without the necessity of any exertions on their part whatever. Unfortunately, these people have views peculiar to themselves, and interests separate and distinct from all other communities, and which are paramount to all other considerations, even the laws of the country not excepted ; and these missionaries have objects to accomplish, for which they labor continually, regardless of costs, how far soever they may fail of their attainment.

            In confirmation of these assertions, a mass of testimony might be adduced, but would, perhaps, be superfluous at present. The tone of the accompanying letter, however, by one of those missionaries is not without some significance upon this point. Brigham Young has frequently boasted of his power and influence among the Indians, and the daring position that he now openly assumes towards the government and the people of the United States renders argument unnecessary to show the bearing of that influence.

            Many persons who have passed to and from California through Utah will, no doubt, remember the words of caution which the Mormon people volunteer to offer them, after partly inquiring what route they expect to take. " Look out, the Indians are very bad on that road." Again, " If you ain't careful, the Indians will clean you all out before you get through."

            There is a degree of significance in such expressions which I shall

202      UTAH EXPEDITION.

endeavor to illustrate by the insertion of a few incidents worthy of more public notoriety.

            About the 3d of February last, two gentlemen, John Peltro and John Tobin, reached the Indian farm on Spanish fork, in company with several other persons en route for California.

            Mr. Tobin had recently apostatized from the church, and was leaving behind a young wife. They had not left the farm till two other persons, (Brigham Young, jr., son of his excellency, and a young man named Taylor,) overtook them, and all remained over night at my house, and all saddled their horses to leave at the same time the next morning. Mr. Peltro and his party, however, started first, but in a familiar tone asked Young and Taylor if they were going the same road. I heard Young say in a low voice, " we will overtake you soon enough."

            Soon after these parties left, it was a common talk among the people that the Indians were very hostile on the southern road ; and as if to forestall the facts, it was rumored, before Mr. Peltro and his party had time to reach the southern settlements, that they had all been killed by the Indians.

            On the 7th day of March it was reported by the mail carrier that they had been attacked, some time in the latter part of February, on the Rio Santa Clara, by a band of the Piede Indians, who fired upon them in the night while asleep, and robbed them of their property. Tobin was severely wounded in the face, a ball entering his cheek and passing out under the ear on the opposite side. Two others of the party were also wounded, but not so seriously. It is also reported by the mail party that their blankets were literally covered with navy-sized pistol balls, and the Utah Indians are bold in asserting that "the Piedes had nothing to do with it," and this opinion is also entertained by many white persons in the valley who dare not speak out.

            On the 10th day of September last, George W. Hancock, a merchant in the town of Payson, came to the Indian settlement to look at some fat cattle that I proposed selling, and, in course of conversation, said he had learned that the California emigrants on the southern route had got themselves into a very serious difficulty with the Piedes, who had given them to understand that they could not pass through their country, and on attempting to disregard this injunction, found themselves surrounded by the Indians and compelled to seek shelter behind their wagons. He said he had learned these facts from an expressman who passed his house that morning with a message from the Indians to President Young, inquiring of him what they must do with the Americans. The expressman had been allowed one hundred consecutive hours in which to perform the trip of nearly three hundred miles, and return, which Mr. H. felt confident he would do.

            On the day following, one of the Utah Indians, who had been absent for some days, gathering pine nuts, west of the Sevier lake, returned, and said that the Mormons had killed all the emigrants. He said he learned this news from a band of the Piedes, but could not tell where the fight occurred, or how many had been killed. One of the Utahs, named Spoods, came to the farm on the morning of the 14th, having travelled all night, and also confirmed the report of the difficulty

UTAH EXPEDITION.           203

between the emigrants and the Piedes, but stated that when his brother Amman (chief, who lives in the Piede country) went to Iron country to persuade the Piedes to leave the road, the bishop told him that he had no business with the Piedes, and had better leave, whereupon an altercation arose between the bishop and the chief.

            Spoods thought that the Piedes had been set upon the emigrants by the Mormons.

            It soon began to be talked among the employes at the farm that all the emigrants on the southern road had been killed by the Piede Indians, and the report was confirmed by several other persons who visited the farm ; but the Indians insisted that Mormons, and not Indians, had killed the Americans.

            This affair had become so much the subject of conversation that on the 17th I started an Indian boy, named Pete, who speaks the English language quite fluently, with instructions to proceed to Sioux county, on a secret route, and learn from the Piedes, if possible, and also from the Utahs, what the nature of the difficulty was, and who were the instigators of it. He returned on the 23d, and reported that he only went to Ammon's village, in Beaver county, where he met a large band of the Piedes, who had just returned from Sioux county. They acknowledged having participated in the massacre of the emigrants, but said that the Mormons persuaded them into it. They said that about ten or eleven sleeps ago John D. Lee came to their village and told them that Americans were very bad people, and always made a rule to kill Indians whenever they had a chance. He said, also, that they had often killed the Mormons, who were friends to the Indians. He then prevailed on them to attack the emigrants, who were then passing through the country, (about one hundred in number,) and promised them that if they were not strong enough to whip them, the Mormons would help them. The Piedes made the attack, but were repulsed on three different occasions, when Lee and the bishop of Cedar city, with a number of Mormons, approached the camp of the emigrants under pretext of trying to settle the difficulty, and with lying, seductive overtures, succeeded in inducing the emigrants to lay down their weapons of defence and admit them and their savage allies inside of their breastworks, when the work of destruction began, and, in the language of the unsophisticated boy, they cut all of their throats but a few that started to run off, and the Piedes shot them. He also stated that there were some fifteen or sixteen small children that were not killed, and were in charge of the bishop. Lee and the bishop took all the stock, (over a thousand head,) as also a large amount of money. The Mormon version of this affair is, that the Piedes went to the emigrant camp and asked for meat, and they gave them beef with strychnine upon it ; and when Brigham learned this fact, he sent word back to them " to do with the Americans as they thought proper." But I have not yet been able to learn that this strychnine had killed any of the Indians, or even made them sick. A report also reached the Indian farm on Spanish fork, about the 15th of September, that the Snake Indians, under a chief named Little Soldier, had attacked an emigrant named Squires, from Missouri, who was camped near Ogden, and driven off all his cattle, (over four hundred,) together

204      UTAH EXPEDITION.

with all the mules and horses belonging to him But the Utahs made no hesitation in asserting that the Mormons took the stock themselves, and that they had learned all about it from some Gosh-Utes, who live in Rush valley. In confirmation of the truth of this report of the Utahs, I learned a few days ago from Ben Simon, a Delaware Indian, who lives with the Snakes in Weber valley, that some time in the early part of September Dimie B. Huntington (interpreter for Brigham Young) and Bishop West, of Ogden, came to the Snake village, and told the Indians that Brigham wanted them to run off the emigrants' cattle, and if they would do so they might have them as their own. Simon says the Snake chief consulted him about the propriety of undertaking the theft, and he advised them to have nothing to do with the cattle, which course they concluded to adopt ; but Huntington and West insisted on their taking the stock, whereupon the chiefs told them that they did not want it, and if the Mormons wanted it let them go and get it themselves, and so the interview ended. Simon thinks that if any of the Indians had anything to do with it, they were hired by the Mormons, and says he knows that the Mormons got the stock.

            It may be objected by the incredulous that these charges are too vague and uncertain, and deficient in point of names and dates ; in answer to which I would say that the commission of these crimes needs no proof, their existence being generally admitted. The only questions to be determined are, Who instigated them ? and whose testimony is deserving the most credit, the Mormons' or the Indians' ? And under existing circumstances I am free to say that I prefer yielding my credulence to the more unsophisticated. I have frequently been told by the chiefs of the Utahs that Brigham Young was trying to bribe them to join in rebellion against the United States by offering them guns, ammunition, and blankets, on conditions that they would assist him in opposing the advance of the United States troops into the Territory ; and he has not only made these overtures by his agents, but has at sundry times made them in person. How far he may have succeeded in his plots of treason at the expense of the government may not as yet be fully known and understood ; but one thing is certain, that the more powerful tribes of the Utahs and Snakes have so far resisted all the allurements that have been offered them, and kept themselves untrammelled by this unholy alliance ; and I am proud to say that they manifest no inclination whatever to participate in it.

            And this fact has, no doubt, been a source of disappointment to this ex-officio superintendent of Indian affairs, as he persists in styling himself; and invoked upon my head a series of persecutions, which ran so high at one time that the destruction of the Indian settlement on the Spanish fork (as I am credibly informed) was actually resolved upon ; and nothing perhaps but the fear of open hostilities with the Indians prevented them from executing their resolution.

            Believing that I had maintained my position among them for the last three or four months under circumstances of the most extreme hazard to my life, I determined, on the twenty-seventh day of September last, to try to make my escape, and seek protection with the army,

UTAH EXPEDITION.           205

then en route for Utah ; and for an account of the particulars of that event I must refer to my letter of the 24th October to Colonel A. S. Johnston, a copy of which is also transmitted herewith.

            The policy which I deemed advisable to pursue with the Indians in this Territory, so far as they have been placed under my control, has incurred heavier disbursements than the appropriations by Congress would enable the Commissioner to liquidate, and consequently exposed myself to the reproach of being regarded as an injudicious public officer, and unworthy of the public trust. But of this I have no disposition, at present, to complain, as I have ever admired the tenacity with which the administrators of the government adhere to rules of economy in disposing of the national treasure. Neither have I any particular desire to assume responsibilities ; but the conviction that the service demanded my utmost exertions impressed itself upon my mind with a force too powerful for me to resist. Consequently, I have maintained this policy under circumstances of the most extreme adversity, and, more recently, of danger to my life. Yet I am gratified to say that I now realize all that I could reasonably have anticipated ; and in the midst of rebellion and treason, on the part of the white population of Utah, I am able to present the major portion of the poor natives with hands unspotted and uncontaminated by this cursed evil.

            Having realized in this fact the consummation of my fondest hopes and only aim, I would respectfully say, in conclusion, that I have, personally, no further inclination to impose my services upon the country.

            Respectfully, your obedient servant,

GARLAND HURT,

Indian Agent, Utah.

Hon. JACOB FORNEY,

            Superintendent.

__________

No. 44.

CAMP ON SWEET WATER,

October 24, 1857.

            SIR : Having recently fled from the Indian settlement on Spanish fork, in the Territory of Utah, somewhat precipitately, and reached this place on yesterday, after wandering for twenty-seven days through mountains and deserts, in company with the Utah Indians, I venture to trouble you with a brief statement of the circumstances which induced me to abandon the agency and entrust my life to the care and protection of the savages.

            For some time previous to my departure it had been the settled opinion of the people of Utah that the troops could not get further than Green river this season, consequently I reasonably concluded that the territorial officers would not venture to cross the mountains before spring ; and under the embarrassed condition in which the detention of the mails, and the very unsettled state of governmental.

206      UTAH EXPEDITION.

relations with Utah had placed me, I deemed it important to seek an interview with them before winter set in. And as I had been previously advised that no person would be allowed to leave the Territory or cross the mountains without the humiliating ceremony of applying to Brigham Young for a passport, the alternative of organizing an Indian escort suggested itself to my mind, the first conception of which grew out of the deep concern these untutored creatures had for my safety; and I was the more inclined to avail myself of this suggestion from the fact that several of the chiefs of the Uinta country were then on a visit at the farm, soliciting me to accompany them to that valley for the purpose of inspecting the adaptation of its climate and soil for the cultivation of grain, as they had become much pleased with the course of policy we were pursuing with the Indians in Utah county.

            On the morning of the 27th ultimo, while I was yet discussing the propriety of this resolution in my mind, some half dozen of the natives rushed into my office room, exclaiming, " Friend ! friend ! the Mormons will kill you 1" and pointed to the window on the eastern side of the house. On looking out, to my surprise, I saw seventy-five or one hundred armed dragoons stationed in the road about a mile from the house ; and as I did not manifest quite as much concern as the Indians thought the occasion justified, they gathered hold of me and gave me to understand that they would not let me stay any longer. I commenced arranging my official papers so as to be able to remove them instantly if necessary, for I did not understand what it all meant. In a few seconds another Indian came in to inform me that the Spanish fork cañon was full of Mormons armed with guns and pistols, and said they were going to kill me ; and he had scarcely time to tell his story when another came in great haste and said that a Mormon squaw, at Springville, had told him to run and tell me that the Mormons were going to kill me. He also reported a large body of armed men on the road between Springville and the Indian farm. It was also reported by another Indian that the Mormons at Payson (the town on the south) were all in arms, (although it was the Sabbath.)

            The Indians would not quit my room, but began to gather up my bedding and wearing apparel, when my interpreter came into the room in an apparent state of excitement, and exclaimed : "Doctor, you're gone in !"

            I asked what it all meant. He said it was understood all over the country that I was about leaving with the Indians, and handed me a note from Mr. Butler, bishop of the Spanish fork settlement, stating that he had learned from various sources that I intended going out with the Indians, in violation of the martial law now in force. He felt it his duty to inform me that I could not leave, that they were resolved to enforce the law at all hazards.

            I regret having mislaid this letter, but the above is its purport, which revealed to me the meaning of so much military array.

            To think that an officer of the government should be thus menaced while in the peaceful discharge of his official duties, could not fail to excite in the bosom of any one possessed of a spark of patriotic

UTAH EXPEDITION.           207

feelings of the most indignant scorn. To be detained by force, and used as a tool in a most treasonable opposition to the laws of the country, as occasion might require, or to fall a victim to that brutal revenge which seeks gratification only in the sacrifice of life, was too humiliating to contemplate for a moment. I determined to extricate myself from the dilemma, or die in the attempt, and turned to ask some one to bring my horse; but when I reached the door I found that the chief's son, (a sprightly boy,) had already performed that service, and while he was saddling him, I gathered my papers and wearing clothes, threw them into some meal sacks, and pitched them out of doors to the Indians, who all appeared eager to assist me in my escape. In the presence of an armed populace, I set out in company with three Indian youths, whose names are Peto, Sam and Showershockets. Mr. Joseph P. Walters, of Salt Lake City, also accompanied me.

            Instead of going east, as our enemies expected, we took a western course; but when it was discovered that we intended reaching the mountains by a circuitous route, some half dozen persons on horseback came out from the town of Payson to tap our course just ahead of us. We wheeled short to the right, but just in our front lay a small stream so deep and miry that stock were not in the habit of crossing it. I urged my horse, and he attempted to clear it at a single bound, but, failing to reach the opposite bank with his hind feet, fell back into water and mud over the top of his hips. I lit upon the bank over his head, and by pulling at the reins assisted him in extricating himself, which he did after several desperate struggles. My comrades sallied down stream a little and had better success. Our pursuers were by this time within three or four hundred yards of us. I remounted in haste and soon found, to my great satisfaction, that the stamina of the noble animal had not been much exhausted, and, though I lost my spur in the struggle, that I could easily dispense with its service. At the distance of about two miles we reached the base of a low mountain ranging north and south, but were doubting the propriety of pursuing a western course, as our friends behind were not aware of this change of the programme; but just at this time a despatch was brought us by two boys from the old chief, telling us to be sure and return to the farm that night. We reached the summit as the sun was about setting, and made a feint. Instead of continuing west, we only descended far enough below the summit to hide ourselves, and turned north, and continued this course for two or three miles; when we thought our pursuers were about gaining the summit, we turned again upon the eastern side of the slope, and dropped into a little hollow, where we waited for the daylight to disappear. This completely foiled our enemies, for the ground was so hard and stony that they could not discover our tracks ; and as the half-grown moon began to shed her silver rays upon the mountain slope, we remounted and bounded over the prairie towards the point from whence we had set out. We reached the farm at about 8 p. m., and found about one hundred of our red friends anxiously awaiting our return, and who manifested great joy at our arrival. My first inquiry was, where the Mormons were ? when twenty voices shouted " cotch carry Mormon," (not here Mormon.)

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            I had left some forty-five head of horses and mules, and was about inquiring for them, when I discovered that they were upon the back of the most of them. They then related how they had sallied out during the day and driven the enemy out of the cañon, with threats of what course they should pursue in the event that I and my comrades were murdered. Taking some bread and meat that we found in the cellar, we made our escape up the Spanish fork in the direction of the Uinta country, and before ten o'clock the next day had placed ourselves quite beyond the reach of our enemies, and had passed, in the meantime, no less than three hundred Indians, the most of whom had left the farm the day before and were halting on the way to learn more fully the fate of the American, as they called me ; and before sunset all my papers, clothes, &c., were returned to my possession.

            From that time hence I have been entirely dependent upon these poor, untutored children of nature for life and subsistence. I have shared a liberal portion of their meagre hospitalities and crude sympathies in my bereavements ; and though they were evidently conscious that they were unable to treat me as I had been accustomed, they have manifested a devotion to my person and a regard for my safety far in advance of their present knowledge of Christian civilization.

            When we left the Indian settlement the season was mild and salubrious, but as early as the 9th instant we encountered a severe snowstorm, which pelted without mercy the naked skins of my shivering escorts ; also, on the 12th and 13th, in crossing the Green River mountains, we waded through snow knee deep, subjecting my party to the utmost degree of privation and suffering, yet, throughout, their attachment was unremitting, and they would often, when around their camp fires, assure me that if any attempt was made to take my life, they would die in my defence. The weather is now becoming intensely cold, and even as early as the 16th winter had set in with unusual severity ; while, in the meantime, we became short of provisions, and were compelled to submit to the most extreme suffering from hunger during the last two days of our journey, yet, through all these privations, I had the satisfaction to be frequently assured that, my companions would feel themselves amply rewarded if they could only be the means of restoring me to the bosom of my friends, and relieving me from that danger to which they had so often warned me that my life was exposed.

            I feel it a duty which I owe to the Utahs to make a fair and candid exposition of these facts ; for I doubt if ever an agent of the government in the Indian service witnessed similar attachment for his person, or more loyalty to those laws and regulations which have been instituted for their government, than has been manifested on this occasion.

            The absence of any one in charge of this superintendency, I trust, will be a sufficient apology for thus obtruding these facts upon your-notice.

            Very respectfully, your obedient servant,

GARLAND HURT,

Indian Agent.

Col. A. S. JOHNSTON, U. S. A.

UTAH EXPEDITION.           209

No. 45.

OFFICE SUPERINTENDENT INDIAN AFFAIRS,

Great Salt Lake City, Utah Territory, Oct. 7, 1857.

            SIR : I improve the opportunity by first succeeding mail via Panama, to inform you that I forward my report and accompanying papers for the quarter ending September, 1857, by the hands of the Hon. J. M. Bernhisel, our delegate to Congress, who accepted a very courteous invitation from Captain Van Vliet, U. S. A., to cross the plains with him, en route to Washington ; and, notwithstanding the quarter was not quite ended, I deemed that course all the more proper from the fact that the mail to this Territory from Independence, Missouri, had been stopped by the Post Office Department, and it was not known how soon the mail from California might also be stopped.

            I have also the honor to inform you that Dr. Garland Hurt, a United States Indian agent in this superintendency, saw fit to leave the field of his official duty on the 26th of September last, in company with some Indians, whom it is said he had hired to escort him to the United States troops, and without having made any report to me of his wishes and designs, or of the disposition he had made of the affairs of his agency.

            Such an occasionless and unwise movement on his part, altogether needlessly exposing himself to sickness, hardship, and danger, I did all in my power, upon the earliest intimation of his plans, to prevent, as will be seen by a letter addressed to him, (a copy of which I enclose,) but which, unfortunately, did not reach his place of residence until a few hours after his departure.

            Trusting that my official course, as above indicated, will meet the cordial approval of your judgment, I have the honor to be, very respectfully,

BRIGHAM YOUNG,

Governor, and ex-officio Superintendent of Indian Affairs, U. T.

Hon. Jas. W. DENVER,

            Commissioner of Indian Affairs, Washington, D. C.

__________

No. 46.

OFFICE SUPERINTENDENT INDIAN AFFAIRS,

Great Salt Lake City, U. T., Sept. 26, 1857.

            SIR : I am informed that you purpose going to the States by some unfrequented route, and in company with certain Indians as pilots and travelling companions. Such a course is very unsafe and highly improper in an officer of our government. I therefore respectfully advise you, when you are ready to start upon your journey to the east, to call upon me at my office in Great Salt Lake City, and I hereby pledge you sufficient escort and a comfortable carriage for your speedy and safe transportation to the protection of the United States troops en route for this Territory.

BRIGHAM YOUNG,

Governor, and ex-officio Sup't of Indian Affairs.

Dr. GARLAND HURT,

            U. S. Indian Agent for Territory of Utah.

__________

OFFICE OF INDIAN AGENCY, U. T.,

City of Provo, December 1, 1857.

            SIR : I received a letter from Governor Brigham Young, who still officiates as superintendant of Indian affairs (the newly appointed superintendent not having arrived,) dated 16th of October last, instructing me to operate in the affairs of the agency of Major Garland Hurt, who has seen proper, for reasons with which I am not acquainted, to leave this Territory. I have complied with the instructions of the superintendent, and on the 17th day of October last, entered upon the duties of his agency in connexion with those of my own; and as the affairs of his agency are in a somewhat embarrassed condition, it will require some time to make out a correct report of the condition of his affairs on the different reservations at Spanish fork, Corn creek, and north and south San Pete ; but as soon as circumstances will admit, I will forward a report of the condition of the agency, as far as I shall be able to collect them accurately. I have deemed it prudent to forward a copy of the superintendent's letter, for the use of the department.

            I have the honor to be, most respectfully, your ob't serv't,

GEO. W. ARMSTRONG,

Indian Agent.

Hon JACOB THOMPSON,

            Secretary of the Interior, Washington, D. C.

__________

OFFICE SUPERINTENDENT OF INDIAN AFFAIRS,

Great Salt Lake City, Utah Territory, Oct. 16, 1857.

            SIR : Since Dr. Garland Hurt, late United States Indian agent, has seen proper to abandon his agency in this Territory, you are hereby instructed to operate in the affairs of his late agency, to carry on or to wind up the affairs thereof, to the best interests of the Indians, the government, and all parties concerned.

            I would recommend that Bishop John L. Butler, at Spanish fork, Bishop Warren S. Snow, at Maute, Bishop Lewis Brunson, at Fillmore, and Bishop Farnsworth, at Beaver, be requested by you to aid you in carrying out this instruction in their several localities.

            All is peace and good news from the east.

BRIGHAM YOUNG,

Governor, and Superintendent of Indian Affairs.

GEORGE W. ARMSTRONG,

            U. S. Indian Agent.

UTAH EXPEDITION.           211

            P. S. By reference to the books of Major Hurt, I find that the individuals mentioned in the superintendent's letter are generally those that were in his employ at the time he left the Territory.

            Respectfully, &c.,

GEORGE W. ARMSTRONG,

Indian Agent.

            The foregoing letters, marked 47 and 48, were received by the Secretary of the Interior on February 16, 1858, and referred to the Commissioner of Indian Affairs on February 19, 1858.

__________

ATTORNEY GENERAL'S OFFICE,

February 24, 1858.

            SIR : In reply to so much of the resolution of the House of Representatives, of the 27th ult., referred by you to this office, calling for " information which gave rise to the military expeditions to Utah Territory," &c., I have the honor to transmit herewith :

            1. The letter of resignation of W. W. Drummond, associate justice of supreme court of Utah Territory.

            2. The letter of Curtis Bolton, deputy clerk of the supreme court of Utah Territory, in reply to allegations contained in W. W. Drummond's letter of resignation ; the above being all the correspondence on the files of this office relating to the subject.

            I am, very respectfully,

J. S. BLACK

The PRESIDENT.

__________

NEW ORLEANS, LA, April 2, 1857.

            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.

            You will see that I have made bold charges against the Mormons, which I think I can prove beyond 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, &c.

212      UTAH EXPEDITION.

Resignation of Judge Drummond.

MARCH 30, 1857.

            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. A., 1854, under the administration of President Pierce, I deem it due to the public to give some of the reasons 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.

            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 save the law of the " Holy Priesthood," which comes to the people through Brigham Young direct from God ; he, Young, being the vicegerent of God and Prophet, viz : successor of Joseph Smith, who was the founder of this blind and treasonable organization.

            Thirdly. I am fully aware that there is a set of men, set apart by special order 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.

            Fourthly. That the records, papers, &c., 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.

            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.

            Sixthly. That the federal officers are daily compelled to hear the form 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.

            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 proper 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

UTAH EXPEDITION.           213

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 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.

            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 Shaw, 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 resign the office of justice of the Territory of Utah, and again return to my adopted State of Illinois.

            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.

            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 fol-

214      UTAH EXPEDITION.

lowers of this curious people will be governed, is the law of the church, and that emanates from Governor Brigham Young, and him alone.

            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.

            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 City, D. C.

__________

GREAT SALT LAKE CITY, UTAH TERRITORY.

            SIR : My attention having been drawn to the letter of Justice W. W. Drummond, under date of March 30, 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 :

            Justice W. W. Drummond, in his " fourth" paragraph, says : " The records, papers, &c., 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."

            I do solemnly declare this assertion is without the slightest foundation in truth. The records, papers, &c., 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.

            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

UTAH EXPEDITION.           215

below." Green was provoked to draw a pistol in self-defence, 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 Lake City.

            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," &c. This statement is also utterly false. I presume he alludes to the incarceration, on the 22d January, 1856, of three men, and on the 29th January, 1856, of one more ; if so, these are the circumstances :

            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, &c. 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.

            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 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.

            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 the subject.

            In witness of the truth of the foregoing affidavit, I have hereunto subscribed my [L. S.]   name and affixed the seal of the United States supreme court for Utah Territory, at Great Salt Lake City, this twenty-sixth day of June, A. D. 1857.

CURTIS E. BOLTON,

Deputy Clerk of said U. S. Supreme Court for Utah,

in the absence of W. J. Appleby, Clerk.

Hon. JEREMIAH S. BLACK,

            Attorney General of the United States, Washington, D. C.

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