The Troubles in Utah.
CORRESPONDENCE BETWEEN GOV. CUMMING AND GEN. JOHNSTON.
The following correspondence has passed be-tween Gov. CUMMING and Gen. JOHHSTON in Utah. The reply of Gen. JOHNSTON to the Governor's remon-strance is sufficiently sharp and decisive.
Gov. Cumming to Gen. Johnston.
PROVO, U. T., March 21, 1853.
Gen, A. S. JOHNSTON—Sir: I arrived in this village on the 14th inst, and fou d a detachment of United States troops quartered in and around a house in which the Hon. JOHN CRADLEBAUGH, United States Judge, was holding Court for this District. The offi cer in command of the detachment occupying this extraordinary position is a Captain of the Tenth In-fantry's and still continues to occupy the position in opposition to reiterated protest from the inhabitants; and he has not deemed it necessary to report to me officially, although I have been six days in this village.
I have been informed that the Hon. Judge CRADLE-BAUGH brought hither and retained the command, not from any “just reason to expect opposition," but for the purpose of confining and securing, under military guard, prisoners charged with criminal offences.
The Mayor of Provo has officially informed me that the civil authorities here are now, and have been, pre-pared and ready to securely and safely keep all pris-oners arrested for trial at this Court, and the deten-tion of any other persons whose presence may be nec-essary thereof.
I have been verbally, but unofficially, advised that a detachment of seven or eight hundred soldiers, from Camp Floyd, are now en route to this neighborhood, under the command of Major GABRIEL R. PAUL, of the Seventh Infantry.
I herewith inclose extracts from my instructions, as Governor of Utah Territory, bearing date July 30, 1857 (a copy of which is in your office.) From a pe-rusal of these extracts you will perceive the reason and necessity of this communication.
I therefore respectfully suggest that you will promptly order the officer in command of the detach-ment now encamped at the Court-house, to occupy a position outside of the wall of the village. Also, to order Major PAUL, with his command, to assume such a position as will relieve the inhabitants from the in-fluence of a military encampment in their vicinity.
It is with pleasure that I announce to you that, after careful observation, I am satisfied that the pres-ence of the military force in this vicinity is unneces-sary; and, for this and other reasons, I desire to im-press upon you the propriety of the immediate dispo-sition of the troops as above indicated.
Should I be deceived in the opinion now expressed in regard to the peaceful disposition of the inhabi-tants, you may be assured, sir, that I will take prompt measures for securing the services of the military, if necessary, to act as a posse comitatus, where and whenever required.
I have the honor to remain, very respectfully, your obedient servant,
Governor of Utah Territory.
To General A. S. JOHNSTON, Colonel Second Cavalry, Commanding Department of Utah, Camp Floyd, Utah Territory.
Head-qearters Department of Utah,
Camp Floyd, U. T., March 24,1859.
[Official] F. J. PORTER,
Assistant Adjutant General.
Gen. Johnston to Gov. Cumming.
HEAD QUARTERS DEPARTMENT OP UTAH,
CAMP FLOYD, U. T., March 22, 1859.
To his Excellency A. Cumming, Governor of Utah, Pro-vo City, U. T.:
SIR: I have just received your Excellency's letter, dated on yesterday.
The company of the Tenth Infantry, mentioned in your letter, was designated by my order "to take charge of certain persons who had been arrested and held for trial before the United States District Court," at the request of the Hon. J. CRADLEBAUGH, United States District Judge for Utah. There being no jail in this District, nor any means provided for the sub-sistence of the prisoners, as represented by his Honor the Judge, a refusal on my part would have rendered it impracticable to bring these culprits to trial; and the Judge would have had no alternative but to turn them loose. In my judgment there was a necessity for the aid which the Judge officially solicited and the force was accordingly furnished, and instructions given in reference to the special service to be rendered, which required from Captain HETH, the officer in command, to take all proper measures for the security of the prisoners, and to deliver them over to the Court, as called for, under the directions of the Judge. Anxious in the performance of every duty in aid of the executive or judicial authority of the Territory, to give the people not a shadow of cause of com-plaint, Capt. HETH was directed to encamp without the limits of the town of Provo, where the Court is held ; but it appeared, subsequently, that the limits of this town are very great, extending several miles away from where any business is transacted. Capt. HETH, at the suggestion of the Judge, seeing that to comply literally with his order would prevent him, on account of the distance, rendering the aid expect-ed of him, encamped on a lot of ground (which was approved by me) the house on which had been rent-ed for a Court-house, for the use of the United States Government.
From the tenor of Capt. HETH'S report, which had the concurrence of the United States District Judge, I thought it expedient to dispatch an additional force under Major PAUL, as, in consequence of the arrest of the Mayor of Provo, and the intention to arrest the Bishop of Springville, there was an excitement among disaffected persons which, with the small force under Capt. HETH, might lead to collision with the troops, which is equally to be avoided, if possible, and depre-cated, and which the presence of a strong force would, no doubt, prevent.
I have been thus lengthy and circumstantial in presenting this narrative, that your Excellency may see how improper it would be in me to change the position, at your request, of a body of troops, posted for a special service, with no instructions beyond the security of the prisoners in charge. Under the direc-tion of a proper representative of a coordinate branch of the Territorial Government, with whose requisi-tion, concurrently with your own, I am instructed by the General-in-Chief to comply, by furnishing any portion of the force under my command that may be needed, and then while acting in their civil capacity that is, as a posse—in aid of the execution of the law, or in aid of their administration, to go accord-ing to the direction of the civil officers upon whose call they were ordered out, or under whose direc-tions they, for the time being, may be acting.
Although your Excellency has a copy of my in-structions, it is presumed that you have them not with you. I, therefore, send you an extract from them, that you may see that I but act perfectly in accord-ance with them, in declining to make any change in the disposition of Captain HETH'S Company, or the force under the command of Major PAUL, which was ordered to encamp at Battle Creek, but afterwards encamped at Timpanogos, until the United States District Judge informs me that he will dispense with them, when Major PAUL will advance to Provo and take charge of the prisoners, if necessary, and return the same day, on his way back to camp.
I beg leave, most respectfully, to suggest that under the circumstances, there would have been a manifest impropriety in Capt. HETH'S reporting to you; such an act would be an acknowledgment of military su-premacy on your part, which does not exist.
To prevent any misunderstanding hereafter, I de-sire to say to your Excellency that I am under no ob-ligations whatever to conform to your suggestions with regard to the military dispositions of the troops of this Department, except only when it may be expedi-ent to employ them in their civil capacity as a posse, in which case, should the emergency arise, your requisition for any portion of the troops under my command will be complied with, and they will be in-structed to discharge the duty pointed out.
I have only to say that, to secure the military con- victs, who were required as witnesses by the United States District-Attorney, it would have been neces-sary to send a force to Provo with them, whether asked for or not.
There was nothing in the manner of making this movement that could have been construed as an in-timidation, or should have caused any apprehension in the midst of a population whose police greatly out-numbers the force sent among them; and I do not, nor do I think that it should be viewed by well-dis-posed and well-affected citizens, in any other light than a subject of gratulation, that their Government has the ability to bring offenders to justice, and to sus-tain by its power the administration and majesty of the law.
I acknowledge, also, the receipt of an extract from your instructions, which I have read; they were also shown to me by Colonel CROSMAN, but of which a copy is not in my office.
With great respect, your obedient servant,
(Signed,) A. S. JOHNSTON,
Colonel Second Cavalry, Brevet-
Brigadier-General U. S. A., Commanding.
Head-quarters Department of Utah,
Camp Floyd, U. T., March 23,1856.
[Official copy.] F. J. PORTER,
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