LATE FROM UTAH.
By the Deseret News of the 29th November we learn that the authorities of the Territory of Utah have se-lected a site for their capital, about a mile from Chalk Creek, in Pauvan Valley, one hundred and fifty-one miles southerly from the Great Salt Lake City. The site is re-ported to be a very favorable one. The new city is to be called FILLMORE, and the county in which it is located Millard.
In the same paper we find a long letter addressed by Judge Z. SNOW to the editor, defending the action of the Governor and Legislature of the Territory touching the questions at issue between them and the retired function-aries, and thence justifying his own action in opening the Territorial courts. We quote the concluding paragraphs:
"The Governor, on the 27th of September, 1851, after the Secretary had concluded to leave, addressed a line to the judges of the Supreme Court of this Territory respect-ing his duties and the duties of Mr. Harris. All the judges answered this letter, and used, among other things, the following language:
“When an officer is invested with discretionary power, or to exercise his judgment in the performance of a duty, there is no power to compel him to obey any mandate inter-fering with that discretion. With this I am quite satis-fied, and think it applies to the Governor as well as the Secretary.
"I have now examined every objection urged against the proceedings of the Governor in relation to the getting up and calling together the Assembly, and find his pro-ceedings to be strictly legal. Finding them legal, I be-lieve it the right of the President, the right of the United States, and the inhabitants of this Territory, to have me take my seat and hold my first court as required by the act of the Legislative Assembly of Utah, and, believing so, I do not hesitate to enter on my duties."
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