Stephen Luce (1801-1872) served on a grand jury in Salt Lake City in 1858. There’s an interesting story there.

This was at the end of the Utah War. Stephen had served in the re-activated Nauvoo Legion. He appears on a 20 July 1857 muster roll as Sgt. Stephen Luce, 3rd Platoon, Company B, of the Silver-greys, having on hand one-half pounds of powder and 2 pounds of lead for his rifle.

Now, a year later, the Feds had uncomfortably seized control of Utah. Let’s call it 26 June 1858, the day the Army of Utah marched through Great Salt Lake City on their way to barrack at Camp Floyd.

The army brought federal officials who were taking up their new appointments in the territorial government. One of them, Judge Charles Sinclair, was to have charge of the U. S. District Court in Salt Lake, then called the 1st District, now the 3rd District.

Bancroft’s History gives the short version. “Convening his court in November 1858, Sinclair, in his charge to the grand jury, urged the prosecution of Brigham Young, Daniel H. Wells, and other leading Mormons for treason, polygamy, and intimidation of the courts.“

Some details are given by the anti-Mormon San Francisco Evening Bulletin, including the fact that the jurors included “Stephen Luce, Mormon“. The point of publishing the list of juror’s names was to demonstrate for a Gentile audience that “the Mormons have a majority of one on the Grand Jury.”

Continuing with Bancroft’s History : “The district attorney refused to present bills of indictment for treason, on the ground that pardon had been proclaimed by the president and accepted by the people. To ask a Mormon grand jury to indict the leading dignitaries of their church for polygamy was, of course, little better than a farce; while as to the charge of intimidation, referring to the occasion when Judge Stiles held court at Salt Lake City in 1854, all the bills were thrown out, with one exception.“

This adds another little piece to the life history of Stephen Luce, as we know it. He and his wife came from Maine to Nauvoo, probably in the Spring of 1839, then to Utah in 1848. He became a polygamist in 1853. He and his wives lived through the Mormon Reformation 1856-1857, leading directly into the Utah War of 1857-1858, where we see Stephen serving as a sergeant. Now, immediately after the War, here he is, serving as a grand juror. In 1859 he added a third wife. Two years later, in 1861, his three sons were involved in the assault on Territorial Governor John Dawson, then in 1864 his oldest son was executed for murder. His grief must have been enormous, but he himself survived until 1872.

I have a few other bits and pieces about his life, each little piece adding just a bit more to our picture of him.

San Francisco Evening Bulletin

San Francisco, December 21, 1858.

Letter from Great Salt Lake City.
______
(FROM  OUR  OWN  CORRESPONDENT.)

GREAT SALT LAKE CITY, U. T.,    
Monday, November 29, 1858.   

Meeting of the U. S. District Court —
The Judge’s Charge to the Grand Jury.

The U. S. District Court met on Monday last, fully organized to prosecute such business as might arise before it. The clerk having read the journal of the Court, the Judge read an able and fitting charge to the Grand Jury, after they had been duly empanneled and sworn. An advance copy of this charge I forwarded to you in my last communication. (See Bulletin of the 9th December.) That copy was slightly incorrect in some few of the expressions made by the Judge. The imperfections, however, are fortunately not very material and do not affect the sense of the document.

Composition of a Grand Jury at Salt Lake City.

The following list of the names of the jurors will exhibit the composition of the Grand Jury. Most of the Mormons are polygamists, as I am informed.

Eleazer Miller, forman — polygamist. (He is the man who first baptized Brigham Young…)
A. B. Miller, Gentile merchant.
Stephen B. Rose, Mormon.
Ormus E. Bates, Mormon.
John B. Kimball, Mormon.
B. F. Pendleton, Mormon.
George Stringham, Mormon.
A. B. Miller, Gentile merchant.
Ezekiel Lee, Mormon.
Stephen Luce, Mormon. [emphasis added]
Harrison Severe, Mormon.
H. Cabot, Gentile merchant.
G. A. Neal, Mormon.
C. L. Craig, Gentile — Indian Agent.
A. H. Raleigh, Mormon.
J. C. Campbell, Gentile.
Elias Perry, Gentile merchant.
John Kerr, Gentile.
D. W. Bayliss, Gentile — watch-maker.
D. H. Beck, Gentile — saddler.

It will be perceived that the Mormons have a majority of one on the Grand Jury. This will be sufficient to defeat the ends of justice. In fact, Brigham Young has a majority in the United States Grand Jury, whose duty it will be to consider the questions of Mormon treason and Mormon polygamy.

Judge Sinclair’s charge has had no outward effect upon this people, but every day makes it more apparent that it has created a very strong under-current of bitter feeling against the Gentiles, which the leaders are using every effort to fan into a flame. You need not be surprised to hear of an outbreak before long.

Important Question Arising — Conflict of
Territorial and United States Authorities.

A most important question, and one which is of vital importance at the present moment, is now under consideration by the Court, and a decision upon it will probably be rendered to-day. It is the question whether the U. S. District Attorney or the Territorial District Attorney (appointed by the Legislature) shall prosecute crimes and offences against the laws and statutes of the Territory, brought for trial before this, the U. S. Court. And, also, whether the U. S. Marshal or the Territorial Marshal shall execute the process of the Court when it is engaged upon the trial of crimes and offences against the laws of the Territory.

If it is decided that the officers of the Court appointed by the United States shall be superseded by those appointed by the Mormon Legislature, then adieu to all justice! These Mormon officers will select a Grand Jury composed entirely of Mormons, and a Mormon Grand Jury would certainly not inquire into the facts of murder or other crimes committed by any of the leaders of the Mormon church; and thus those terrible crimes which have been committed in this Territory, the accounts of which have so shocked the world, would still remain unpunished — would still remain enveloped in mystery. There are crimes which the laws of this Territory punish; and among these, we must not — we cannot forget, at least — the circumstances connected with the massacre, in the fall of 1857, of 119 men, women and children, emigrants on their way to California, committed within the line of Mormon settlements. The facts have not escaped memory that sixteen infants, all too young to talk, were saved, and are now under the care of the Mormon Bishop at Cedar City; and that the Mormons obtained possession of all the property of those emigrants. Now, what can we expect, if a jury composed entirely of Mormons is entrusted with the solemn responsibility of inquiring into this deadful occurrence?

I cannot but believe that the Judge will decide that, as the Court derives its authority to act in any case from the United States, so, also, the officers of the Court appointed by the U. S. Government form a constituent part of it, and must act with it in every case legally before it.

Brigham still Stiff-necked and Rebellious.

Last Saturday, three unsuccessful attempts were made by Marshal Dotson and his deputies to serve a subpoena upon Brigham Young requiring his attendance before the Court as a witness. The first time the Marshal went to the house, he was told that Brigham was not at home; but the second and third times, the gates in the high stone wall which surrounds Brigham’s house were shut in his face, and he was positively denied admittance, although he stated his business and demanded admittance in the name of the United States. It will now be necessary for the Court to issue an attachment requiring the Marshal to take Brigham’s body, and compel his attendance before the Court; and if he still refuses to allow the Marshal to approach him, it will become necessary to call upon the Army for assistance….

More Information

• Hubert Howe Bancroft’s History of Utah 1540-1886, Chapter XIX The Utah War 1857-1858, at Utah Lighthouse Ministry, visited Oct. 7, 2019.
• “Misc. California Newspapers 1857-1859 Articles“, at Uncle Dale’s Readings in Early Mormon History, visited Oct. 7, 2019, citing Evening Bulletin, San Francisco, California, Dec. 21, 1858.

The following is a transcript of a 1910 article about Utah freighters, including Bill Luce. Photos and photo captions are omitted.

The year 1868 was known throughout this whole Rocky Mountain region as the big railroad year. The screech of the Union Pacific locomotive was heard upon the plains, and the great road was soon to penetrate the everlasting hills. Prominent Utah men contracted to build about two hundred miles of track, but were unable to proceed until supplies could be brought from the terminus of the Union Pacific, way off in the plains of Wyoming. The spring was wet and backward. The mountain streams, during the break, became raging torrents. Toll roads, toll bridges and ferries were so numerous along the route, that it would have bankrupted the ordinary freighter to patronize them all. Before winter was fairly over, the old-time freighters hitched up their teams and made a break for the railroad terminus, some five hundred miles away to the east of Salt Lake City. There were upwards of three hundred teams in the company, owned by George Crismon, Charles Crismon, Malin Weiler, David H. Cannon, William Streeper, Samuel McIntyre, William McIntyre, Riley Judd, Quince Knowlton, William H. Hooper, Heber P. Kimball, David P. Kimball and others. Each company traveled under the super vision of a wagon boss, or captain. Most of the drivers were experienced western men, not afraid of anything, and in endurance as tough as the proverbial boiled owl.

About the first of May they started on their perilous journey. All went well until they reached Coalville, where one of the boys came near losing his life. Chalk creek was overflowing its banks, and had cut a deep channel around the bridge. As he was fording this dangerous place, his saddle animal lost its footing, and away they went down stream. Had it not been for timely aid, he and his outfit soon would have been floating over the briny waters of the inland sea!

In the afternoon of the third day they arrived at Echo Canyon creek, where was an old-fashioned poll toll-bridge, costing, I venture, less than one hundred dollars. For crossing this shaky old structure, which was almost submerged, the keeper demanded three dollars per wagon, cash down. The bosses refused to pay it, so decided to ford the treacherous stream, if possible. The crossing was just above the bridge, only a few rods from where the creek empties into the Weber river. For the trial trip they selected the best team in the outfit, a magnificent four-thousand-dollar ten-mule team, owned by Hooper and Knowlton. Before the venture was made, a number of the boys gathered around with axes and lariats, to be used in case of trouble. When all was ready, Bill Luce, Hooper and Knowlton’s wagon boss, mounted the near wheeler and started his outfit through this mountain torrent. As the trusty leaders neared the center of the stream, everybody watched with bated breath. The moment the animals reached the main channel, the current picked them up, quick as lightning, and carried them down stream. In less than five seconds, three pairs of mules disappeared under the bridge. In less time than that, the draw chain, that held them to the wagon, was cut, by one of the men on shore. Quick as thought, the animals shot down stream, with incredible rapidity, but before they reached the raging, roaring waters of the Weber a number of expert throwers of the lariat lassoed the heads of the mules, and within a very short time, the six drowning animals were safely hauled ashore. A shout went up from a hundred throats in honor of the boys who performed this heroic act. The toll-bridge keeper stood nearby, a pleasant smile playing over his countenance, thinking, perhaps, that it is better to be born lucky than rich. He collected the toll without further trouble.

[Photo by Ellis & Goodwin. WILFORD LUCE. Hooper and Knowlton’s wagon boss. Born Nov. 7, 1838, Vinal Haven, Fox Island, Maine; died Aug., 1906.]

When the boys arrived at Yellow creek, they faced a similar proposition, except that it was mud to cross instead of water. Here they were compelled to pay another three dollars per wagon, there being no way to avoid it.

Next day they reached Bear river. The first object to meet their gaze was a big sign-board with this inscription: “Toll bridge, five dollars for wagons; fifty cents a head for loose animals. No credit here.” This meant about fifteen hundred dollars toll for the outfit, and the captains’ pocketbooks had already, from previous drains, commenced to crumple at the corners. It had rained every day since they left home, and the river was, therefore, very high. The bosses first scanned their gaunt pocketbooks, then studied the sign over the bridge. They sat down on the river bank to watch the driftwood, as it shot by at the rate of half a mile a minute. After partaking of a hearty meal, they gathered fresh courage, and set about to ford the river. As good luck would have it, in doing this they lost neither man nor beast, a feat nothing short of a miracle.

Next morning they came to another mud stream, with a cheap bridge over it. The proprietor wanted three dollars per wagon for the privilege of driving over this rickety old thing. The boys, however, saw a way around it. They drove about a half mile above, and selected a place where it was believed they could cross. At that place the slough was about one hundred feet wide, and the banks on both sides were almost perpendicular. The mud was so deep that even loose animals could not wade through it. Besides this, a blinding blizzard was raging. With these disadvantages staring them in the face, the boys were yet equal to the occasion. Unhitching a number of their animals, they drove them, single-file, over a rough mountain trail, some distance above, at which place they crossed. Returning to the mud-hole opposite their wagons, they arranged their teams once more for action. In the meantime, the men who remained on the other side drove their wagons very near to the slough, and let them down into it by hand; then, taking long chains, fastened the ends to the wagon-tongues and, wading, carried the other ends over to the boys on the opposite side. The teams were now hitched to the ends of these chains, and so the wagons were hauled over. The majority of the boys worked at this job in mud and water up to their waists, all day long. By five o’clock that night camp was again on the move. At the foot of Quakingasp ridge they found plenty of wood. Here they built bonfires, dried their clothing, cooked supper and went to rest, satisfied that they had outwitted another greedy toll-bridge keeper.

Next morning the snow was a foot deep, and the wind still blowing. The boys got a late start, and it was nearly noon before they reached the summit of Quakingasp ridge, the highest pass between Salt Lake City and the terminus of the railroad. The roads were some what better from this point on, and it was down grade most of the way to Green river. However, it was almost impossible to get around the numerous toll-bridges that continued to block their progress. To cross such streams as Green river and the North Platte on ferries cost five dollars for each wagon, to say nothing of the risk taken in swimming their animals over.

The Indians were hostile that season, committing depredations all along the road. Reaching Bitter creek, the boys were compelled to get out their breech-loaders. Thus equipped they were prepared to defend themselves against their dusky foes. Being experienced Indian fighters, they were well acquainted with the cunning ways of the lurking redskin thieves. On the plains, a few hundred yards away, one cannot distinguish an Indian from a white man, which fact gave the Indians a great advantage. Scarcely a day passed, after they left Bitter creek, but their teams were stampeded, for the animals were quick to catch the scent of the red man. Sometimes the animals ran several hundred yards before they could be stopped. Several of the drivers came near losing their lives in these run-aways. The wagons were empty, hence easily drawn. The teams often started to run without giving the slightest warning. After Elk mountains were reached, all were supplied with fresh meat, since from there on plenty of elk, deer and antelope were encountered.

Just twenty-nine days from the date the boys left home, they arrived at Big Laramie, the terminus of the railroad. It had stormed every day up to this time, consequently they had slept in damp bedding the whole distance. The Big Laramie river was very swollen. The bridge across it had been carried away. The tie con tractors, however, had built a boom at this place, which answered the purpose of a foot bridge for those who dared to cross it. It consisted of green logs coupled together with log chains. The river was about one hundred and fifty feet wide with a strong current. The boom was completely submerged. A streak of white foam, caused by the rushing waters beating against the logs, being the only visible guide. The whirling waters made the boom dance like a jumping-jack. It was as much as a greenhorn’s life was worth to undertake to cross it.

Laramie City was on the opposite side of the river, and about two miles from camp. As soon as darkness brooded over the land, every driver in camp crossed the boom, and even jollied one an other in dare-devil fashion as they went, by churning the logs up and down in the surging waters. Reaching town, they remained until midnight watching the sights—no tame affair. Hundreds of desperate characters were gathering at this place for what they could get out of it. They often killed a man for a dollar, and if he hadn’t the dollar, they were apt to kill him for not having it. Shootings were so common that only little attention was paid to them. Every surething-game ever thought of was brought into requisition at Laramie City, which at that time was the “Sodom” of the plains, sure enough.

After nearly a month, the delayed goods, for which the Utah boys had been waiting, arrived. Then there was “something doing.” The goods consisted of plows, scrapers, wheelbarrows, powder, and every other thing in the line of sup plies for building the railroad, Nearly every wagon had a cart hitched behind it, and some wagons had two or three. With their wagons loaded, the boys were soon homeward bound. The rich bunch grass was now knee deep, and their animals became as fat and sleek as seals. The roads being in splendid condition, good ’.time’f was made. Uncle Sam, by this time, had stationed soldiers along the road, and the Indians were pretty well subdued.

Reaching Bitter creek, the freighters found it lined with railroad graders of the lowest type. The sluggish creek was nearly a hundred miles long, and thousands of workmen were sporting in its waters in the July weather and, besides, washing their dirty clothing in it. While this did not improve the taste of the water, it made but little difference to the graders, as the water they used for culinary purposes was hauled from Green river and other far off p‘aces. The freighters, however, were compelled to drink Bitter creek water, or go without. By the time they reached the mouth of this filthy stream, the water was so thick and slimy that Riley Judd, in a fit of rational humor, declared that after he started drinking the water he could not let go until he had clipped it off with his scissors. It was so full of alkali and other poisonous substances that it came near killing some of the toughest mules in camp—but the boys escaped.

Arriving at Bear river, the majority of the returning freighters went to work on the Naunnan contract. This job completed, they went to work on President Brigham Young’s one-hundred-mile contract, remaining there all winter. Crismon Brothers had a thirty-six mile contract which occupied the most of their time that season. That winter hay could not be purchased at any price, and their animals were fed solely on shelled corn. Often in the morning the boys found several dead animals lying around camp. Crismon Brother alone lost about fifty head. Had it not been for the exhorbitant prices the railroad people paid for their work, such losses could not have been sustained. As soon as the rail road reached Ogden, early in May, 1869, the occupation of the Utah freighters was gone. They sold their outfits to the highest bidders and invested their means in other enterprises. Thus ended the big railroad year of 1868, and forever the days of freighting over the plains.

More Information

• Solomon F. Kimball, “Utah Freighters’ Last Haul” in Improvement Era, Volume 13(May 1910), No. 7, pp. 597-603. Photos omitted.

When our Luce ancestors converted to Mormonism, they were living in Vinalhaven, Maine. Nowadays Vinalhaven means South Fox Island, but in those days it was both the north and south islands. The Luces came from North Fox Island, then part of Vinalhaven, now called North Haven.

A few days ago I came across a brief post at the Island Institute from 2015 about one of our Luce cousins, Kathy Luke, visiting North Haven. I’m betting she’s one of the Lukes from Heber City, Utah, descended from Ephraim Luce (1799-1880), whose daughter Harriet Ellen Luce (1835-1919) married Henry Luke.

The post gives the short version of Wilford Woodruff’s mission to the Fox Islands. Woodruff conceived the idea of taking the restored gospel to “the islands of the sea“, and that led to him to choose the Fox islands. These islands are off the coast of Maine, in Penobscot Bay near Rockland. There were about 800 people and a Baptist church on the north island; about 1000 people and a Methodist church on the south island. Woodruff wrote, “The inhabitants were intelligent and industrious, and hospitable to strangers. They got most of their living and wealth by fishing. The town fitted out over one hundred licensed fishing vessels, besides smaller craft.“

In 1837 and 1838 Woodruff and his companion Jonathan Hale, and another missionary Joseph Ball, baptized about 100 people. Woodruff ultimately led 53 them from North Haven for Nauvoo, including the families of Ephraim Luce and Nathaniel Thomas. The Malatiah Luce and Stephen Luce families also went to Nauvoo, but a bit later.

An 1838 note in the Record of Baptist Church Vinalhaven says: “At church meeting excluded Nathaniel Thomas and his wife and Ruth Luce [wife of Malatiah] having joined the Mormons.”

Kathy Luke visited what’s known as the Mormon Cemetery, properly called the Annis Cemetery, “which was on land owned by the Luce family, as well as their former residence.”

I wonder which Luce family. More research is needed there.

More Information

• Aloft Imagery, North Haven, Maine Drone 2018 – DJI MAVIC Air (Aug. 8, 2018), at YouTube.com, visited Oct., 3, 2019.
• Matthias F. Cowley (editor), Wilford Woodruff: History of His Life and Labors as Recorded in His Daily Journals (1909).
• Courtney Naliboff, When Mormon missionaries came to North Haven (May 29, 2015), at Island Institute, visited Oct. 3, 2019.
• North Haven Maine Historical Society, visited Oct. 3, 2019.
• Jason E. Thompson, “The Lord Told Me to Go and I Went”: Wilford Woodruff’s Missions to the Fox Islands, 1837-38, at Religious Studies Center, Brigham Young University, visited Oct. 6, 2019.
• VillageSoupKnox, My Town, Maine – North Haven (Feb. 12, 2018), at YouTube.com, visited Oct. 3, 2018.
• Wilford Woodruff, Journal of Wilford Woodruff, at Archive.org, visited Oct. 6, 2019.

In the early church members were re-baptized for several reasons. Doing genealogy, one thing I often see is that Mormon pioneers were re-baptized when they arrived in Salt Lake. For example, Stephen Luce and his mother Ruth Luce were re-baptized and confirmed 29 September 1850 by William Hicklenlooper in Salt Lake City, according to the Early Church History card file.

I’ve always thought it probably had to do with confirming that they really had been baptized, perhaps in cases where the original record had been lost. But it seems to have become a custom.

According to the Church, “When the Latter-day Saint pioneers entered the Salt Lake Valley, they felt they were finally free from their enemies and they desired to express their gratitude to God by renewing their covenants and promising to obey his commandments from that time forward.“

As I think about it now, the church in the 1840s and 1850s had been through so much turmoil, record keeping probably wasn’t the foremost reason for anything. However, the Church does say, “Throughout the history of the Church rebaptism has also been used when membership records have been lost and for repentant excommunicated members who were returning to the Church. It is still used today in such instances.”

The practice has changed over the years so that re-baptism is rare. “Because the Lord has given us the ordinance of sacrament for renewing our covenants, and because the purpose of baptism began to be somewhat confused in the minds of some members of the Church, the Lord directed Church leaders to discourage the use of baptism for other than the sacred purpose of the remission of sins and for gaining membership in the Church.“

So now I understand the question is more nuanced than I thought, but for research purposes I can take it that pioneers arriving in Great Salt Lake City were re-baptized as a matter of custom. And that opens a new research question — if Stephen Luce was granted a Salt Lake City lot in 1848, why was he not re-baptized until 1850? My working theory is the custom became established over time. It was not yet a rule in 1848 but by 1850 had become pervasive enough it felt to the Luces as though it was a necessary remedial step.

Quotes

“About the time the doctrine of rebaptism for members in the Church was first revealed in Nauvoo, Joseph, the great seer and revelator to the Church of Jesus Christ of Latter-day Saints, made some remarks on the subject: On one occasion he read, among other scriptures, Hebrews, 6th chapter, 1st and 2nd verses, as follow: Therefore, leaving the principles of the doctrine of Christ, let us go on unto perfection; not laying again the foundation of repentance from dead works, of faith toward God, Of the doctrine of baptisms, and of laying on of hands, and of resurrection of the dead, and eternal judgment. The Prophet said the first verse should read: ‘Therefore, not leaving the first principles of the doctrine of Christ, etc.’ This explanation not only made the entire subject of the two verses clear but reconciled them with other scriptures. Notwithstanding Paul is made to say ‘leaving,’ etc., the inference is clear that if the foundation of repentance, baptism and the laying on of hands should be relaid they would have to perform those works over again, as every careful reader of the text must see. This also corroborates a revelation to the Church of Ephesus: Remember, therefore, from whence thou art fallen, and repent and do the first works. All latter-day Saints know that the first works after repentance are baptism and the laying on of hands for the reception of the Holy Ghost. Here we find a presiding elder of a branch or ward of the Church commanded to perform these works over again, under pain of removal if he failed to obey the divine behest. (Dan Tyler)

“After we had arrived on the ground of Great Salt Lake City we pitched our tents by the side of a spring of water; and, after resting a little, I devoted my time chiefly to building temporary houses, putting in crops, and obtaining fuel from the mountains. …Having repented of our sins and renewed our covenants, President John Taylor and myself administered the ordinances of baptism, etc., to each other and to our families, according to the example set by the President and pioneers who had done the same on entering the valley. These solemnities took place with us and most of our families, November 28, 1847.” (Autobiography of Parley P. Pratt)

“We were counseled to be rebaptized as we had been a long time traveling and all that wished to be Saints they should make it manifest. Consequently, there was a number baptized on the first of July, 1849 by John Harris … (Autobiography of Joseph Lee Robinson)

“I will here state that Martin Harris, when he came to this [Utah] Territory a few years ago, was rebaptized, the same as every member of the Church from distant parts is on arriving here. That seems to be a kind of standing ordinance for all Latter-day Saints who emigrate here, from the First Presidency down; all are rebaptized and set out anew by renewing their covenants.” (Orson Pratt, in Journal of Discourses 18:156-61)

More Information

• Church of Jesus Christ of Latter-Day Saints, I understand that after the Saints arrived in Utah many of them underwent rebaptism. Is this true, and if it is, can you tell me why this was done?, visited Oct. 1, 2019.
• Zions Return, Rebaptism among Early Members of the Church of Jesus Christ of Latter-day Saints, visited Oct. 1, 2019.