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was studded with hardy little mustangs, whose sunbrowned riders were refreshing themselves within, or transacting business without; and until a late hour of the night (always till the Overland stage arrived from the East), the verandas were occupied by gentlemen smoking and chatting in their easy-chairs; but never was the seemly order of the establishment broken by any approach to a row, or even by vocif. erous discussion. The dining-room was lively and bustling for a couple of hours from the bell-ringing of each meal, fresh relays of guests occupying vacated seats as fast as one battalion of dishes could be cleared from the field, and a fresh one brought into position. Townsend was largely patronized by both ladies and gentlemen; but neither among permanent nor transient guests was there anything to suggest the existence of peculiar social customs, had we not already been aware of it. The main street, which ran in front of the hotel, was splendidly broad, – in this respect not surpassed by the widest portion of Pennsylvania Avenue. Its architecture was nothing to boast of, being that of a town whose citizens are still in the first stage of doing, and have not yet reached the second one of considering how to do. The shops were consistent with the hotel, and like it might have been transported from the principal street of any prosperous Eastern village. There were some brick, some wooden, and numerous adobe houses, generally two stories in height, and without decoration. The commercial fronts displayed their wares through no ambitious plates of French glass, but announced them on shingles or handbills, and by the still more straightforward method of samples at the door-way. All the ordinary trades were represented, but there seemed to be the usual country fondness for miscellaneous traffic within one inclosure; the house-furnishing business, inclusive of groceries, shoes, hardware, all, indeed, that one would look for in the “country store ” par excellence, being a favorite and well patronized kind of commerce. The milliner and dressmaker had their separate sanctuaries, as one finds all over the civilized world, but possessed no such prominence as they might naturally be supposed to occupy in Utah. It was evident that polygamy and gynocracy are terms by no means convertible. The vast scale of shopping prevalent in Gentile communities is the grand guarantee and safeguard of monogamy. Brigham Young is undoubtedly the richest man in the Western Hemisphere, even richer perhaps than any single member of the Rothschild family; but were his milliner's and mantua-maker's bills to be calculated on the basis of a single-wived establishment at the East, even his exchequer might be excused for coming to bankruptcy. From my observation of Mormon sumptuary habits, I should suppose that the budget of a polygamic household was made up on the principle of dividing one normal and Eastern wife's allowance among a multitude, instead of multiplying it by the number of the harem. The philosopher acquainted with the underlying motive of most marriages in society will find no insuperable difficulty in understanding how a given number of wives can consent to receive the fraction of a man apiece; but when it comes to dividing the pin-money, he beholds an eternal obstacle to the spread of polygamic ideas among the higher classes of society.
I was struck by the rarity of doctors' and lawyers' shingles in the principal street of Salt Lake City. The former deficiency is easily accounted for. There are few more healthful localities on the Continent than this. In the immediate neighborhood of the Great Salt Lake, fogs are frequent and obstinate. The only escape of such a vast body of water being airward, the evaporation constantly going on beneath an unclouded sun necessarily keeps the atmosphere overladen with moisture. But the shores of the lake are almost as unsettled as when the Mormons first came to the Territory. The nearest point of the shore (Black Rock) is twenty miles distant from the city; and although the temperature of the latter must be to a certain extent modified by the lake fogs, during the summer at least, they do not manifest themselves in the city as unpleasantly perceptible moisture. The outskirts of the city along the river Jordan are in some places overflowed and boggy; within five miles of it are a number of large thermal springs; yet the people seem troubled by no malaria, nor by the endemic diseases which arise from it.
The vital intertexture of social, religious, and civil polity resulting from the Mormon system, would wellnigh do away altogether with the profession of the attorney and counselor, but for the fact that the United States Government still claims territorial jurisdiction in Utah. The Federal authority is nominally paramount, but one fact must always operate to nullify it for all practical purposes. The United States courts may get their judges from any portion of the Union at our Chief Magistrate's discretion, but their juries must always be impaneled from among the Mormons themselves. The Gentile, resident in or travelling through Utah, gains nothing by getting his cause into the United States courts. Human ingenuity can fashion no oath comprehensive enough in its form or terrible enough in its sanction to bind a Mormon juryman to the prejudice of his coreligionist, or of the vast autocracy (theocracy he calls it) by whose favor he holds all that is most precious to him, not only for the life which now is, but for that which is to come. Where the matter in dispute is indifferent to “the Church” or to any Mormon in it, the citizen of Utah is as just as another man. Under the same circumstances, the Gentile litigant may be sure of justice at Brigham Young's own hands. Were I anxious for speedy adjustment of a cause between myself and any other Gentile, and confident of the justice of my own side, I do not know the referee in whose hands I would more gladly leave my interests than Brigham Young's. Outside the arena of his fanaticism, he is not surpassed in honesty of purpose, clear-headedness, purity of motive, and justice of feeling, by any man I ever met. But rare indeed must be the case in which “the Church’ has not some little fibre of interest, some trifling stake sufficient to partialize the referee, in a community the boast of whose religious polity is that it interpenetrates every relation of life, and ramifies through every interest of the proprietor, the citizen, and the man. The result of this state of things is to remove the whole amenability of private conscience, not only from the United States tribunal which frames the oath, but from the Gentile's God whose power forms its sanction, to the Church of the Latter-day Saints and the incarnation of its divine authority in the apostle, prophet, autocrat, and vicar of the true God, Brigham Young.
So long as our Government respects Magna Charta privileges, and deals with Mormonism upon commonlaw principles and a peace status, so long will its courts in Utah remain mere scarecrows, known by the people to be made of rags and bean-poles. No order of court has the slightest validity; no gubernatorial proclamation even the poor privilege of a right to be published and circulated, without the indorsement of Brigham Young. There is but one remedy to this condition of Federal powerlessness— the declaration of martial law throughout the Territory. Military commanders stationed in Utah have repeatedly urged this course on the Washington Executive. There has been at least one case in which I think the prayer must have been indorsed by the most rigorous theorist upon popular rights and constitutional measures. But it has never been granted. The past few years have greatly modified men's views regarding the safety and propriety of a recourse, in extreme exigencies, to abnormal methods. We have seen the rights of jury trial and habeas corpus suspended in emergencies far less imperative than several which have called for that action in Utah. Still, the reaction of feeling following our late war's necessary laxities will operate strongly against any future attempt at interference with the course of civil law; and in any case, the Executive which declares martial law in Utah must occupy a position of most weighty and delicate responsibility. At the same time, it is beyond peradventure that whenever the United States Government finds it vital to make its power felt as paramount above that of Mormonism, and to do more than preserve the mere semblance of royalty in Utah,
the only possible path to such a result is through the