New York Times vol. 8 no. 2244

              FROM UTAH. 

Condition of the Territory—Need of Religious Instruction—Case of Robbery—Topo-graphical Survey—Condition of the Pub-lic Records. 
From Our Own Correspondent. 
GREAT SALT LAKE CITY, Saturday, Oct. 30, 1858. 
Gentile energy and enterprise, assisted by Mor-mon industry, and backed by the capital afforded by the expenditures which the Government is now mak-ing in this Territory, is rapidly developing its re-sources and gradually working a reform, both in its social and political characteristics. This change for the better, although progressing very slowly, is still appreciable ; and if encouraged by the Government in its policy towards the Territory by continuing to interpose its aid in the maintenance of law and order, will tend to heal up the ugly sore which has dis-graced our land. 
One thing, however, must be done, and that quick Poligamy must be checked, and its farther ext effectually prohibited. The more we see workings of this cursed institution, the more ab-horrent and repugnant to our feelings does it become. The secret, hidden anguish, gradually petrifying the heart and soul of its victim, compelled to suffer in despair during a lifetime, is more terrible in its re-sults, more to be dreaded than the outburst of misery which sometimes finds its way to the public ear. Go to the homes of the Mormons ; look at the faces of those mothers, and you see but two forms of expres-sion—the one of deep silent sorrow, the other of reckless abandon, the result of a total loss of self-respect. Look for the children ; they are not at the fireside. You do not find them at school; but there they are, the boys collected in little groups among the cattle, which they are herding, thumbing over a greasy pack of cards, or digging roots on the hill-sides ; the little girls washing greasy dishes. These chil-dren know nothing of the comforts of life. You nev-er find them playing at the innocent games and sports of children in the States. They know not what it is to go to school; they have no nice little beds to sleep in, but they must sleep on the floor or in the hay stack, wrapped up in a pair of blankets ; they must, almost as soon as they can walk, go to work at something, and continue to work from morning till night the whole year round. As I before mentioned, the first business of the boys, whilst very young, is to herd cattle. They go out in the morning with a herd, and stay with them all day, bringing them back at night They are thus idle the greater part of their time, and without restraint, and in such a school, are trained for life.
Can nothing be done to remedy this evil ? We look to Congress, to the representatives of the people for some action in regard to Polygamy—but at the same time, we look to the people themselves for soma ac-tion in regard to the social evils existing here in other respects. 
It is a fact, that in the centre of the American Re-public there are now living 50,000 souls, who have not had, since their settlement here, ten years ago, a single minister of the Gospel among them, who, at this time, are entirely without the means of having the Word of God preached to them. Sunday after Sunday passes away among these 50,000 souls, none meet together to worship God, and not a public prayer or hymn of thanksgiving is offered up to our Creator. 
Perhaps one-half of the present population of the Territory now live like Atheists, whilst the remainder boast of a religion more hideous than the idolatrous beliefs of barbarous nations, and yet, no effort is made to effect a change. Whilst thousands of dollars are spent annually in sending missionaries to peoples of different races, tongues and nations, whilst here, in the midst of our own land, is a large population of our own countrymen entirely cut off from the oppor tunities of enjoying any of the privileges of the Christian religion, for the want of teachers and guides. Here are 10,000 children growing up without a single Sunday School, and yet, our earnest en-treaties to the Christian public have been made in vain in their behalf. No missionary, no minister of the Gospel can be found bold enough, self-sacrificing enough to take his Bible in his hand and come to this people and expound its truthful and simple doctrines. No field for missionary labors ever presented such an inviting aspect as this one, for the people now will listen—and yet the Mormon leaders are allowed to boast that the "Priests" of Christianity are afraid to encounter Mormonism, and do not dare to comba against its doctrines. 
Will not the religious press of your City urge a cort sideration of this matter upon the people ? 
On last Saturday night, a most bold and outrageous assault and robbery was committed upon the person of CHARLES MCCARTHY, by three men—two Mormons and one Gentile. He had been drinking in their com-pany at a drinking saloon kept by a Mormon on Main-street ; upon leaving the house, at about 12 o'clock at night, he was pursued by the villains, who fired pis-tols at him, and overtaking him, knocked him down and robbed him of $160. The policemen succeded in arresting two of the robbers, but one of them was rescued from their hands by a gang of his companions, who attacked the policemen with pistols, and com-pelled them to release the prisoner. They were all, however, arrested the next day, and after an exami-nation before the Justice of the Peace, were held to answer before the Court in the sum of $5,000 each. 
The prominent person charged with this robbery was HENRY E. PHELPS, son of W. W. PHELPS, a Mor-mon in high standing in the Church, who is repre-sented by HYDE, in his work on Mormonism, as per-forming the part of the "Devil," in the garden scene of the endowment ceremonies. This same HENRY PHELPS is the Territorial Meteorological Observer whose meteorological reports appear monthly in the Deseret News. 
A company comprising the most influential Gentiles in the Territory have been surveying and locating a site for a large city, to be built at the mouth of Provo Canon in Utah County. 
The site for the city is unsurpassed for beauty and eligibility by any in the Territory. It will embrace about 1,500 acres, and is situated upon an elevated level bench in a nook of the mountains, which pro-tects it from the north and east, whilst in the angle of this bend the Provo River flows out of its rocky ca-non, affording a most ample supply of water. The bench is about 140 feet above the level of the river, but the company are making arrangements to carry the water from the bed of the river on to the bench, which can be readily accomplished, as the fall of the river is nearly 100 feet in the mile. 
The advantages of this city will be its situation at the main outlet and inlet of all the trade with this Territory; for since the completion of the road, through this canon, which avoids the crossing of any mountain peaks, all the travel to and from the East will pass over this road and avoid Salt Lake City altogether. Gen. JOHNSTON has now a party of Topo-graphical Engineers out under Capt. SIMPSON, explor-ing the country due west from the mouth of the Canon, with a view to the construction of a wagon road direct to California. If such a road is discovered, and we have no doubt but that such will be the case, i will cause the entire travel between California, the Eastern States to pass through the new city, as this route would be shorter by some three hundred miles than the old one. Again, in addition to its other advantages, a fine bed of coal has been discovered in the Provo Canon, within 30 or 40 miles of the city—and furthermore, if a railroad to the Pacific ever passes through this valley it is bound to enter through the Provo Canon, as it is of easy grade and compara-tively free from snow. These causes, we think, will in time make this the principal city of the Territory, and we are happy that it is under the direction of Gentiles. The name of the new city has not yet been decided upon, but it is already called Babylon by the Mormons. 
In a recent number of the Deseret News, (Oct. 27.) appear certain certificates from public officers, pro-fessing to contradict statements made by the Utah Correspondent of the San Francisco Bulletin, in re-gard to the public records of the Territory. These certificates were published by Governor CUMMING, to sustain certain assertions which he had made upon this subject. 
As I have myself, in my correspondence to your paper, taken occasion to speak of the unsatisfactory condition of the public records of the Territory, I addressed the following letter to Secretary HARTNETT, in regard to the records of his office: GREAT SALT LAKE CITY, U. T., Oct. 29,1858. 
The Hon. John Hartnett, Secretary of Utah Territory : 
DEAR SIR—Having read a statement published in the Deseret News of the 27th inst., in regard to the papers and records of your office, which would seem to discredit the statement made by the correspondent of the San Francisco Bulletin, in a communication dated Great Salt Lake City, Sept. 13, 1858, in which he says that, "The papers of the Territorial Secre-tary's Office are equally imperfect. There is not an enrolled bill on file, nor any official evidence of a sin-gle legislative act from the time of the organization of the Territory to the present day, so that it is doubtful whether we have any law at all in Utah." And as I have had occasion, in my correspondence to the NEW-YORK TIMES, to make in substance the same statement, upon authority which I considered per-fectly reliable, I have now to request of you a state ment for publication in regard to the time at which you found the records of the Territory in your office to be complete and in order, so that the public may be correctly informed as to the facts in the matter. Yon will thus oblige, Your ob't servant, 

Correspondent of the NEW-YORK TIMES. 
In reply Secretary HARTNETT says : 
SALT LAKE CITY, Oct. 29, 1858. 
ESQ.—Sir : Your letter of date 29th inst. is before me, and in answer I will explain the manner in which an error was committed in the report made in regard to the records of my office, viz.: I was asked to produce the journal of the Utah Legislature, also the enrolled bills thereof, for which I sought and inquired both of the former Secretary, pro tem., and the clerk of the deceased Secretary, BABBITT. The former, as I understood him to say, had neither the original bound journals, or the original enrolled bills (he says I am mistaken.) The latter stated to me that the enrolled bills had never been kept in the Secretary's office. Not finding the papers, therefore, in their proper place, I so reported to the Judges of the Court and others. On a more careful examina-tion, however, with the assistance of others more familiar with the Secretary's office, I have since found the papers, and have so reported to the proper depart-ment at Washington. 
I will admit that I did state that the papers, the en-rolled bills of the Legislature, were not in my office, but I was led to believe it from representations of those more familiar with the office than was I, and for the reason that the said papers were not in the place where one would naturally look for them. 
Yours respectfully. 
JOHN HARTNETT." 
It will be seen from this correspondence that the Hon. Secretary himself stated that there were no en-rolled bills on file in his office, he having believe so from the fact that they had b Having lately found these enrolled records of his office now appear to be complete, with the exception of a bound journal of the proceedings of the Legislature. 
In regard to the Court Records I stated in my let-ter, dated Aug. 21, that: "The records which have been received are those of a single term of the Court only, namely, the last term which has been held here, (in the Winter of 1855-56.") Such was the fact, but at the meeting of the Court on the first Monday in Octo-ber, Judge SINCLAIR issued an order of the Court, di-rected to the United States Marshal, against J. W. CUMMINGS, the former Clerk of the Court, to compel him to deliver up all the papers which he had in his possession belonging to the Court, and the result was that on last Friday, the 22d of October, all the balance of the records were delivered up to the present Clerk of the Court, and are in the condition represented by Judge SINCLAIR and Messrs. CABOT, ANDERSON, HART-NETT, and DOTSON. It was not, however, until com-pelled to do so by an order of the Court that CUM-MINGS, the former Clerk, delivered them up a week ago. The Clerk of the Supreme Court is a Mormon, and I at present know nothing about those records ex-cept what I learn from his affidavit. I do know, how-ever, that they were in BRIGHAM YOUNG'S office. 
Nothing has yet been heard or discovered of Judge SINCLAIR'S Law library, and I am confident that it was destroyed by fire. 
Dr. FORNEY, Superintendent of Indian Affairs, return-ed to this City yesterday from his trip to Carson Valley. He reports the Indians all along the road very friendly and peaceably disposed. 
The United States Court for this District, which was adjourned until the first Monday in November, will probably again adjourn a few weeks longer to await the arrival of the United States Prosecuting Attorney. 
The press and type for the new "Gentile" paper is expected to reach the city to-day. A. B. C. 
A letter from Dr. FORNEY, Indian Agent in Utah, appears in the San Francisco papers. He writes : 
"So far as one can depend on the integrity of In-dians, I can say to you, confidently, that you have nothing to fear from Indians between this point and Salt Lake City. The Pah-Ute tribe inhabit this por-tion of Humboldt Valley. The country which they claim commences at a Kanyon (Canon) and range of hills, about 40 miles east of this, and runs west to some point west of the Sink. 
On my arrival at Salt Lake City, I found Indian af-fairs in a very mixed condition, and much to be done almost at once. I did intend, however, if at all possi-ble, to make a hurried visit to the Humboldt and Car-son Valleys this Fall." 
The Secretary of Utah Territory, Mr. JOHN HART-NETT, has transmitted to the Agricultural Bureau of the Patent Office a communication on the subject of cotton-growing in Utah, of which the following are extracts : 
The first efforts to raise cotton in Utah Territory were made at Fort Clara, on the Santa Clara River, upwards of three hundred miles south of Great Salt Lake City, in 1855. About three quarts of seed, seve-ral years old, and of different kinds, were obtained, most of which, at the recommendation of persons pro-fessing some knowledge in this branch of agriculture, were soaked in new milk. The result was, not one of the milk-soaked seeds come up. Of a small portion which was not milk-soaked, nearly one hundred plants grew, from which were raised 75 lbs. of seed cotton. 
Not to be baffled by any trivial discouragement, the cotton pioneers of Fort Clara renewed their efforts the ensuing season, planting one and a half bushels of seed on about five acres of land. This being plowed in, the seed was covered too deep, which diminished the crop to about one-tenth of a stand. Some two hundred pounds of seed cotton were raised. 
The soil throughout the region of country where ef-forts are being made to raise cotton is wholly of tem-porary formations, located upon the former river-bed; the sub-strata to which is a conglomerate, which ap-pears pretty solid and well cemented, but upon being brought in contact with water immediately dissolves. 
We have no rains, and our crops depend wholly upon irrigation, which, in some instances, h4s proved a most precarious dependence. Salt, saleratus and other minerals which exist in the soil and manifest themselves upon its being irrigated, are most destruc-tive to the cotton. I have seen some pieces so totally destroyed that not a vestige of the plant remained. There is a hot, sultry wind from the desert that oc-casionally blows which is also dreaded, for wherever it passes, vegetation wilts as if parched by desert thirst, and dies at once. I have witnessed, in several instances, the effect of this wind. Cool nights are also somewhat frequent, and very detrimental. 
There is a small cotton gin at Fort Clara, and a smaller one at Washington. The cotton has thus far been carded by hand. I am, Sir, your obedient ser-vant, 
JAMES McKNIGHT. 
To the Hon. J. HARTNETT, Secretary of Utah Ter-ritory. 
Elder WM. I. APPLEBY and a company of Mormons arrived at Salt Lake City, Oct. 15. The Australian missionaries had returned. 
The Deseret News complains of the prevalence of "rows and rowdyism" in Salt Lake City. The same paper has the following : 
"A report has reached here, which we think is re-liable, that on Friday last, the 15th inst., the remains of JOSIAH CALL and SAMUEL BROWN, both of Fillmore City, were found in a state of decomposition, near Chicken Creek bridge, about twenty miles south of Nephi. They had received several bullet shots in their bodies; their throats were cut in a frightful manner, were rudely scalped, and robbed of part of their clothing. The particulars of this melancholy circumstance are not known, but from all we hear it must have been perpetrated by Indians." 
The News demands the privilege of preemption for the Mormons : 
It is a fact which, if not a law on a statute book, has grown into a law of custom, that the primal and con-tinued occupation of all public lands within the juris-diction of our Government entitles the occupants to the patronage of Congress in the passage of acts of pre-emption or grants of land. Since then this is the fact and has been the fact from the very foundation of our Government, we claim the extension of the practice to Utah. We have earned it faithfully and patriotical-ly. We have earned it by our services against the nation from whose hands the land was wrested. We have earned it by the abandonment of happy homes in other lands. We have earned it by the blood of our brothers and sires and sons in its defence against the aboriginal savage. The extent and advancement of settlements and improvements testify whether we have not earned it by our industry. The graves of our kindred, that form sorrowful guide-boards on the path which led us here, testify whether we have not earned it by exposure and fatigue.