Charles Shuster Zane was a fair judge Mormons loved to hate

Ever heard of Utah territorial Chief Justice Charles Shuster Zane? He’s one of those fascinating footnotes in history. Appointed in 1884 to administer justice in Utah, the New Jersey Quaker was a respected Illinois lawyer who rubbed shoulders in the same circles that Abraham Lincoln inhabited. Zane was a circuit judge when appointed to the Utah bench by President Chester A. Arthur. 

His tenure was stormy. The dominant Latter-day Saints disliked Zane because he thoroughly enforced the laws against polygamy. He imprisoned men and polygamous wives that he discovered were living “the Principle.” Zane also was heard to publicly proclaim polygamy an abomination. The judge was enforcing the Edmunds law, which was designed to go after Utah Mormons on the polygamy issue. 

According to an article on Zane in the fall 1966 issue of Utah Historical Quarterly, then-BYU professor Thomas G. Alexander cited the following negative assessment of Zane from LDS historians B.H. Roberts and Orson F. Whitney: “Judge Zane ... will stand classed ... in that history as sharing in responsibility for the cruelty and injustice of that regime, which marks the saddest period of Utah’s history. ... Judge Zane never divorced himself from his deepseated prejudice and vindictiveness against ... [the Mormon] offenders and their religious faith, ... his object was the overthrow of Mormonism as a religion.”

Those are harsh words, and they come from Roberts’ “Comprehensive History of the Church of Jesus Christ of Latter-day Saints” and Whitney’s “History of Utah.” But they’re also not true. In his Utah Historical Quarterly article, Alexander takes a long look at Zane’s judicial philosophy while in Utah, and discovers a tough but fair judge who was scrupulously following the law. In other words, Zane was not the judicial activist many Mormons had hoped would look the other way at laws designed to hamper their religious beliefs.

In fact, Zane made many lower-profile decisions that helped the Mormon church, which was constantly facing nuisance lawsuits from the energetic anti-Mormon “gentile” faction of Utah, which had as its mouthpiece “The Salt Lake Tribune.” For example, Zane ruled in favor of local, Mormon public schools receiving tax monies, rejecting lawsuits that they sectarian schools that taught treason. Zane was a big believer in public education, and the rights of local communities to make educational decisions. 

Also, Zane resisted efforts by gentiles in Utah to swing elections through malicious efforts. He sided with the People’s Party, an LDS party, in its accusation that members of the gentile Liberal Party had tried to stuff ballots in an 1890 school election. In fact, Zane even allowed, over gentile objections, voting by Mormon men who had engaged in obviously sham “spiritual divorces” from their polygamous wives. That shows a lot of tolerance for the Mormon religious mores.

In fact, when Zane finally jailed men and polygamous wives, it was only after every effort to prosecute, or resolve, the situation, had been attempted. There’s no doubt that Zane’s judicial decrees ailed many prominent Utah Mormons. Zane had the — perhaps — misfortune of assuming the bench when enforcement of the anti-polygamy laws was at its most intense. And he was determined to obey the letter of the law. Alexander adds that whenever a guilty plea came in, Zane was likely to fine, rather than jail the polygamist.

Another ruling, disliked by the LDS majority, was Zane’s decision to allow lawyers to question Mormons on naturalization, or citizenship, protests. As Alexander notes, this was a big issue as the Mormons were energetic missionaries overseas and the converts migrated to Utah. However, Zane did offer the Mormons an olive branch by requiring that the district attorney question prospective citizens, rather than anti-Mormon lawyers, explains Alexander.

After the 1890 Manifesto against polygamy, Zane’s attitude on the practice became more relaxed. Alexander recounts that he accepted the promise by LDS Church President Wilford W. Woodruff and later published an article in Forum magazine where he stated, according to Alexander, “that the Mormon problem (polygamy) was at an end because the Mormons had resolved to obey the law.”

The tenure of Zane was an example of a judge diligently following the law in a rugged, still frontier-like territory and angering both sides. Because the high-profile cases went against the majority Mormons, he was vilified long after his death in 1915. It would be fascinating to read a more in-depth look at his tenure as Utah territory’s chief justice.

--- Doug Gibson

-- Originally published at StandardNET

Review: The Mormon Menace: Violence and Anti-Mormonism in the Postbellum South

In “The Mormon Menace: Violence and Anti-Mormonism in the Postbellum South,” (Oxford University Press, 2011), author Patrick Q. Mason discovers a unique irony to the persistent abuse, violent and otherwise, that Mormons faced in the southern United States the last quarter of the 19th century. It is that the shared animosity toward the LDS Church between the U.S. government and the deep South helped restore southern allegiance to the federal government.


As Mason explains, that wasn’t always the case. A score of years earlier, the South, headed for a Civil War, had sympathized with the exiled Saints’ grudge against the feds and secular government in general. The cause of the South’s animosity was the Mormons’ admittance that polygamy was practiced and its subsequent defense of a practice that appalled the rest of the nation. 

Add Reconstruction, and cultural mores that included tolerance — and even acceptance — of vigilantism if it was deemed to uphold decency and respect for womanhood, and the result was persecution, sometimes deadly, of missionaries in the Southern States Mission.

Examples of violence in “The Mormon Menace” include the murder of Elder Joseph Standing, shot to death by mobsters who assaulted Standing and his companion, future LDS apostle Rudger Clawson, in Varnell, Ga., on July 21, 1879. It’s possible Standing might have avoided being killed had he not grabbed a rifle from one of his guards. That led to subsequent gunfire. In any event, no one was convicted of the murder, a common result that deserves more explanation.

As evil as it is to murder, rob, vandalize and drive persons forcibly from their homes, the Southern mobsters, Mason writes, saw themselves as a local law enforcement that needed to protect communities when other government entities, not bound to enforcing moral law, failed to offer protection. The Southern code of womanhood, which saw them as a weaker sex to be protected, was outraged by the LDS practice of polygamy, which was depicted nationwide — except in LDS periodicals — as virtual forced sexual slavery for women and teenage girls. 

While newspapers in larger Southern cities and more sophisticated communities might decry violence against Mormons, they loathed the LDS Church as much as the mobsters did. This is important to understand because so few Mormons today are aware of how unpopular the church was in the last two-fifths of the 19th century. The LDS Church was an easy target for media and pols to whip into a frenzy of righteous indignation. The church also suffered a string of legislative and court losses in regards to polygamy that eventually forced it to abandon the practice, “officially” in 1890, and effectively 15 years later.

Another major violent attack against the Mormons was the Cane Creek Massacre in Cane Creek, Tenn. On Aug. 10, 1884. At a church service at the home of a church member, a mob attacked the services. Two elders and two members were killed; one member of the mob was killed. The Cane Creek killings didn’t even lead to a trial, and not long after the massacre, the remaining Mormons, as well as non-LDS sympathizers, were hounded from the area. Mason adds that post-massacre danger was so high that Mormon general authority, B.H. Roberts, recruited to bring back the bodies of slain missionaries, John Gibbs and William Berry, entered Cane Creek disguised as a hobo.

In other words, the violence that stemmed from this religious persecution did not lead to remorse or a cooling of passions. The code behind it — whether theological, protecting women, or both — only served to animate the mobs. Protestant ministers, particularly in rural parishes, as well as small newspapers, overtly egged the mobsters on.

There is another irony to the LDS Church’s efforts in the South that led to more danger for missionaries. The most dangerous areas for LDS missionaries were rural, backwoods areas and small towns; however, those areas were also where the missionaries had the most success. Larger towns and southern cities were more tolerant of the missionaries but mostly ignored their message. The missionaries literally had to enter the danger zone to baptize.

Whipping, expulsions, vandalism, threats were preferred forms of intimidation. Summer, with its heat, logged the highest amounts of violence and abuse; winter the lowest. Mason notes that the summer, winter variance also occurred with vigilante violence on blacks. Also, times of economic distress that reached the South also saw increases in violence.

Mason points out that the persecution did not stop the growth of the LDS Church in the South. This frustrated other sects, particularly protestant evangelicals. What the mobs failed to understand is that the violence suffered by missionaries and members helped solidify a persecution narrative that the Utah LDS Church had been building for generations, since its members were expelled from Missouri, and Illinois. Those killed in Southern missions were hailed as martyrs alongside Joseph Smith and even Jesus Christ. The Saints were assured that a just God would harshly punish those who avoided earthly consequences. The church-owned Deseret News published reports from returned missionaries. Those who had suffered persecution were provided far more news space than those returned missionaries who had more tranquil missions.

In short, Mason explains another irony: that the persecution suffered in the South by the LDS Church, far from harming the church, instead strengthened it and prepared it for a 20th century in which it would grow into a multi-million-member, powerful, non-polygamous institution.

Notes

Perhaps the first major example of Southern violence directed against the LDS Church was the antebellum murder of Mormon apostle Parley P. Pratt by a cuckolded husband, Hector McLean, who literally chased Pratt across the nation before catching him in Arkansas and killing him. 

McLean, who made no secret of his intention to kill Pratt, was driven to murder as a form of vigilante retaliation for Pratt taking his wife as a plural bride. History has shown McLean was a drunkard and a wife-beater, but his method of retribution against Pratt was normal for those times, and condoned by many in the media.

According to Mason, there were three strategies to combat Mormonism used by Southerners opposed to the church’s influence. The first was vigilante violence. The second was fierce condemnation from other churches’ pulpits. A few southern pastors wrote best-selling, very hyperbolic tomes against Mormonism. The third tactic, used mostly by more sophisticated southerners, was to rely on legislation, both state and national, that would prevent LDS influence. In some southern states, attempts were made to stop missionaries who promoted polygamy. That usually didn’t work as Mormon missionaries, with few exceptions, were the opposite of the lewd, women-hungry lechers that anti-Mormons regularly portrayed them as.

--- Doug Gibson

Originally published at StandardNET.

Mormonism and Dime Novels; pulp fiction and the culture of those times

Review by Doug Gibson

I really enjoy the Mormon-themed book offerings from Greg Kofford Books. They are often edgy, grizzly-bear history lessons. The Mormon Image in Literature book series provides reprints of pulp fiction (albeit to be fairly well written) from the 18th century and early 19th century. Besides melodramatic, thrilling tales, the series offers contemporary readers a glimpse into how the popular culture of those times viewed Mormonism in its chaotic youth. On this blog we have reviewed a book in the series, The Mormoness.

The latest series is titled Dime Novel Mormons, a collection of four novellas that sold many, many copies nationwide for no more than a dime, or even a nickel. Four novellas are offered: Eagle Plume: The White Avenger. A Tale of the Mormon Trail (1870); The Doomed Dozen; Or Dolores, the Danite's Daughter (1881); Frank Merriwell Among the Mormons; Or the Lost Tribe of Israel (1897); and The Bradys Among the Mormons; Or Secret Work in Salt Lake City (1903).

The plots reflect the times. Mormons are the bad guys; rough or old men constantly on the prowl to kidnap virginal young women. Handsome young men, Mormon opponents, of course, ultimately help save the day. The plots reveal controversial topics within Mormonism. Polygamy is a given, but also the more myth than reality "Danites" vigilantes are a plot staple, as is thinly veiled episodes that recall The Mountain Meadows Massacre, or Utah territory's near deadly conflicts with the federal government, and even Reed Smoot's struggle to be a U.S. Congressman 100-plus years ago.

In an introduction, editors Michael Austin and Ardis E. Parshall provide an entertaining overview of the Dime Novels. Advances in printing in the mid 19th century moved books from luxury-item status to a ubiquitous item. Fifteen thousand- to 30,000-word action novels, heavy on dialogue, action, stereotypes, hyperbole, danger and prejudices, won over the general populace. They were cheap, satisfying diversions, printed in tiny type on newsprint. Multiple scores of thousands were printed over generations.

From the introduction: "Though dime novels did a lot to promote literacy and book ownership they didn't do much for peace, love and understanding. Their narrative formulas required spectacular villains and their style guides did not allow floor depth or character development, so they turned to the most simplistic and outrageous stereotypes ..."

The novellas are extremely entertaining, even today. The best are short and to the point, lean and mean with not an ounce of exterior fat. Frank Merriwell ... was my favorite, as the protagonist, featured in a series of books, travels to a renegade fundamentalist Mormon town to rescue a young lovely from a depraved, elderly polygamist. Here's a very short snippet from Frank Merriwell where a misguided fundamentalist Mormon father prepares to place his daughter in the hands of a predatory, elderly polygamist:

"Ah, but you will discover your mistake when the good elder has made thee his wife."
"Which he shall never do, father! I refuse to become the ninth Mrs. Holdfast. Asaph Holdfast already has seven living wives and one has died. Ugh!" she cried with a shiver.

Eagle Plume ... was a great read. It's a tale of vengeance, with our protagonists traversing the western Frontier to find a dastardly Mormon who wrecked the lives of their womenfolk. It should be noted that the books portray Mormonism's sinful status as institutional; the heroes are literally combating an army division in the destroying "Danites."

The Bradys Among the Mormons ... is another series tale featuring father and son detectives. The 1903 plot of trying to save a young girl kidnapped to be married off in Salt Lake City features a rich Mormon wannabe politician (can you think Reed Smoot) and a sinister, elderly Church leader with a long white beard (think then-Prophet Joseph F. Smith.

My least favorite of the four is The Doomed Dozen ... It's not because of the plot, which features a Mountain Meadows Massacre-like slaughter on the trail led by a Mormon named John Leigh (think John D. Lee). There are virtuous young girls in peril and secret oaths, and dashing heroes sworn to stop the Mormons. Its fault is it's a little too long. There's an excess of plot and characters.

---

The stories are dialogue heavy, very descriptive, and perhaps large portions of the novellas -- depicting, for example, wagon trains, or big-city social life -- are reasonably accurate. On the other hand, as Austin and Parshall note, the writing reinforces stereotypes of the "wild West" that existed because in the closed society of those times, imagination ruled for lack of mediums that could provide tangible reality. Bigotry is found in the pages. Native Americans are slurred in Eagle Plume ..., for example, even though they are allies of our heroes. The authors are conversational themselves, occasionally offering asides to readers.

I hope Latter-day Saints are not offended by these books. They are history lessons, a reminder Mormonism's struggle to rebound from setbacks, some well-deserved, some unfair. I found myself chuckling through some passages and yes, cheering our Gentile heroes against those "evil," Mormon elders consumed with lust for the young maidens. The novellas have a kick; they grabbed readers and made a nation more literate.

When I say pulp fiction, I refer to the hasty plots and generalizations. The writing is sophisticated and talented for its time. In fact, the novels' prose reminds me in style of Parley P. Pratt's autobiography, as well as the LDS apostle's frequent polemics and other tracts, either in support of the church or in opposition to its enemies.

The Dime Novels often end a chapter in suspense. However, just a few paragraphs later and the danger has subsided until the next literary dire situation. These novellas are ancestors of film melodramas, cowboy hour-long C movies and of course, adventure movie serials.

Even today, where contemporary Dime Novels are virtually gone from bookstores, they exist in streaming services. Whether it's Stranger Things, Peaky Blinders, Bosch, etc., viewers can binge an entire season in less than 10 hours of a single day -- something that could be accomplished 150 years ago  reading one of these novellas.