Conflict of Authority in Utah.
Correspondence of the Missouri Republican.
GREAT SALT LAKE CITY, MARCH 26, 1859.
Things are in a very unsettled condition here at pre-sent, and, in fact, great excitement exists, and you need not be surprised at any time to hear of a collision. The Mormons were much excited a few days since by a rumor that the 5th infantry were coming into the city, and they went to work burnishing up their old rusty firelocks with the most nervous energy. There was no truth in the rumor at all. Should it be necessary, however, for the 5th or any other regiment to enter the walls of this city, they are going to accomplish it sure.
Judge CRADLEBAUGH is holding his court at Provo, and the feeling that is so manifest in this city and through-out the Territory is predicated upon a determination upon his part to ferret out and bring to punishment the perpetrators of the many high-handed outrages and mur-ders that have been committed heretofore in this valley. Several Mormons have peached, and it became necessary to take them to camp for protection, to keep them from being put out of the way, or, in other words, having a slit in their throats; and it is supposed that their testi-mony will implicate many high in authority in the Church; hence the excitement. Judge Cradlebaugh has declared that he will bring these matters to light if pos-sible, and at all hazards. The Grand Jury have failed to find any bills of indictment except in the case of two poor Indians, and last week refused to obey the orders of the Judge, when he discharged the whole posse, after reprimanding them in the severest terms. For the pro-tection of witnesses particularly a company of dragoons, under the command of Capt. Heath, are camped along-side of the house where the court is held. Another re-quisition has since been made, and nine companies of infantry, one of dragoons, and two sections of battery have been planted at the mouth of Provo canon, about six miles from the town of Provo. So you may judge of the state of things here by this hurried sketch of in-cidents.
The United States Marshal arrived here yesterday with warrants for the arrest of two men. They are im-portant witnesses in the Parish murder, and are impli-cated in it, and are supposed to be important witnesses in the "Mountain Meadow" massacre, where one hun-dred aud twenty-nine men, women, and children "went under" in 1856. Two of these men arrived here day before yesterday and went to the house of Secretary Hartnett for protection, where they have been ever since locked up and under guard. They fear that their lives are in danger. The United States Marshal had war-rants for them, and they will leave to-day in his charge. Should a rescue be attempted there will be a "muss" certain, as they say they will turn State's evidence.
GREAT SALT LAKE CITY, APRIL 2, 1859.
There is great excitement existing in this Territory, and things are in a worse condition even than they ever have been before or after the advent of the army. In plain words, and to give you some idea of affairs here, the feeling has reached the culminating point, and we are on the eve of open hostilities. This has been brought about by the firm and manly stand of the two Judges of the United States District Court, Sinclair and Cradlebaugh, who, in their endeavors to ferret out the numerous murders that have been committed, have ex-cited the apprehensions of the Mormons, who have done all in their power to prevent it. The reason for this is obvious; a full investigation might implicate some of the leading men in the church, or, at all events, show that these dreadful outrages were committed by the au-thority of the Church. Mormon Grand Juries have fail-ed to present indictments for these bloody deeds, al-though their attention was specially called to them by the Judges, and even when they did find a bill for an offence of an inferior grade, Mormon juries would acquit.
The great theatre of strife, and which has radiated throughout the whole Territory, is at Provo, about forty miles distant from this city, where Judge Cradlebaugh is trying to hold court; I say trying, for, although he has been sitting now nearly a month, nothing has been done. The Bishops of the Church and many of the people have fled, their consciences probably suggesting the propriety of such a course. Judge Cradlebaugh, seeing the mani-festations when he opened his court, made a requisition upon Gen. Johnston for a company of troops to guard prisoners and protect the lives of witnesses, which had been threatened. To this requisition Gen. Johnston promptly responded, and they have been there ever since. This safeguard to the court, witnesses, and pri-soners has aroused the indignation of all Mormondom, and they talk "big." An appeal was made to Governor Cumming, under the impression that he could have them removed; and forthwith a solemn protest is issued, pro-testing against the presence of the troops. The Governor had been down to Provo a few days since, and while there wrote a letter to Gen. Johnston, requesting him to withdraw them or remove them to a greater distance from the city. Gen. Johnston declined to interfere in the matter, and stated that the troops were there under a requisition from Judge Cradlebaugh, and were subject to his orders. This was a "stunner." As the excitement increased, and threats of the militia and peo-ple rising to expel the troops, Gen. Johnston sent up nine additional companies on his own hook, in case of an outbreak, to protect the company which was there by order of the court, and they camped six miles distant. Within the last few days, however, things have assumed such an attitude that it was deemed prudent to remove them three miles nearer. Should there be a collision look out for "tall timber." The Nauvoo Legion here are, I understand, preparing themselves for any emer-gency; or rather, should an emergency occur, preparing themselves to be "wiped out."
The next item of interest is that there is not only a difference between Gen. Johnston and Gov. Cumming in relation to their respective powers, but there is an open division and rupture between the civil officers, between the Executive and the Judiciary. This is the state of affairs at present, and you may well imagine it is not very agreeable. Judge Cradlebaugh is now sitting mere-ly as a committing magistrate, and will next week go to the camp, where he will continue his investigations. It is to be hoped that his labors may be crowned at least with some degree of success.
Enclosed is a proof slip from the Valley Tan, in ad-vance of its publication, to which I call your attention.
PROCLAMATION AGAINST GEN. JOHNSTON.
Whereas one company of the United States infantry, under the command of Capt. Heath, is now stationed around the court-house at Provo, where the Hon. John Cradelbaugh is now holding court, and eight additional companies of infantry, one of artillery, and one of cav-alry, under the command of Major Paul, are stationed within sight of the court-house; and whereas the pre-sence of soldiers has a tendency not only to terrify the inhabitants and disturb the peace of the Territory, but also to subvert the ends of justice by causing the intimi-dation of witnesses and jurors; and whereas this move-ment of troops has been made without consultation with me, and, as I believe, is in opposition to both the letter and spirit of my instructions; and whereas Gen. John-ston, commander of the military department of Utah, has refused my request that he would issue the neces-sary orders for the removal of the above-mentioned troops:
Now, therefore, I, Alfred Cumming, Governor of the Territory of Utah, do hereby publish this my solemn pretest against this present military movement, and also against all movements of troops incompatible with the letter and spirit of the annexed extract from the instruc-tions received by me from Government for my guidance while Governor of the Territory of Utah.
In testimony whereof I have hereunto set my hand, and caused the seal of the Territory to be affixed. Done at Great Salt Lake City this twenty-seventh day of March, A. D, eighteen hundred and fifty-nine, and of the independence of the United States the eighty-third.
[L.S] ALFRED CUMMING.
By the Governor:
JOHN HARTNETT. Secretary of State.
THE JUDGE DENOUNCING THE GOVERNOR.
At a session of the United States Court held on the 30th of March, Judge Cradlebaugh severely denounced Gov. Cumming's proclamation. He said:
"I have received a document from Alfred Cumming, Governor of this Territory, which in its reading purports to be a proclamation, while in the body of the document it would seem to be a kind of protest. Instead of being addressed to the General commanding the department of Utah, it seems to be intended for the public at large. Taking the whole thing together, it seems to be designed to exasperate the people of this Territory against the troops, to obstruct the course of public justice, and to ex-cite insubordinations the army.
"In this document Gov. Cumming speaks of a com-pany of United States infantry being stationed around the court-house, in which I am now holding a term of the District Court, and also of several additional com-panies of infantry, one of artillery, and one of cavalry being stationed in sight of the court-house. He also says that the presence of these soldiers has a tendency not only to terrify the inhabitants and disturb the peace of the Territory, but also to subvert the ends of justice by causing the intimidation of witnesses and jurors. He says that this movement of troops has been made with-out consultation with him and against the letter and spi-rit of his instructions.
"In regard to his statement that troops are stationed 'around the court-house at Provo' I have only to say that the assertion is not true. They are stationed near the court-house, and entirely on one side of it. The ad-ditional troops referred to as being 'stationed within sight of the court-house' are at least four miles distant. This assertion must have been designed to create a false impression as to the relative situation of the court-house and the troops."
“In regard to the inhabitants being terrified by the presence of troops, it is proper to say that many of them are very much annoyed by their being here at this time, but those who seen to be stricken with terror have fled the country on account of crimes committed by them, and the fear of just punishment for their offences. Among them are to be found several of the jurors, pre-sident of 'stakes,’ bishops, and also civil officers of the Territory.
"It is, perhaps, proper to say that the Grand Jury was selected by the County Court, under a recent act of the Legislature of this Territory, which was signed and approved by Gov. Cumming, and that several notorious criminals were members of it. That none of those who are conscious of guilt are under the influence of fear is manifested by the fact that at all times, when the court is in session, the court room is crowded by hundreds of citizens.
"The assertion that witnesses and jurors are or have been intimidated by the small military detachments near the court-house is without foundation; while the fact is, that witnesses have been threatened and intimidated by the very inhabitants who are said to be so much terri-fied. To such an extent has this been carried that wit-nesses who appear and testify in behalf of the prosecu-tion are compelled to seek safety under the protection of the troops that are here, many of them having signed a petition requesting that the troops shall not be removed, and representing that their security and safety depended upon their presence.
"In regard to the statement that the troops are here without consultation with his Excellency, the court has yet to learn that it is subservient to and cannot act ex-cept under Executive dictation."
PROVO, MARCH 31, 1859.
KIRK ANDERSON, ESQ.—SIR: The last Deseret News states that the grand jury discharged by me at the pre-sent term of the District Court at the city of Provo pro-tested unanimously against their discharge and the lan-guage used to them. This is an unqualified falsehood. No such protest was ever presented to the court or came to my knowledge until I read of it in that paper. The grand jury dispersed very soon after they were discharg-ed. Several of them had been engaged in the commis-sion of the very crimes they were investigating, and left precipitately, fearing that they would be arrested for the murders they had committed. If the church autho-rities have since been able to find some half dozen of them and procure their sanction to any such protest, it certainly is more than the marshal of the Territory, with several vigilant deputies, having warrants for them, have been able to do. They have fled the country.
Very respectfully, JOHN CRADLEBAUGH.
FROM AN OFFICER OF THE ARMY. CAMP FLOYD, MARCH 24.—There is just now a little excitement amongst the Mormons, and the other day there was a little prospect of some active and useful ser-vice by the troops here. To prevent the effect of mis-representation and erroneous statements, which will pro-bably be made from here, I give you the real facts of the case. They are briefly these: Judge Cradlebaugh, United States Justice for the third district, has lately convened his court at Provo, about forty miles east of here, and knowing there were no jails, nor any provi-sion made for prisoners or witnesses before United States Courts in this Territory, and having here in custody several criminals for trial, he made a requisition for troops as a guard to go with him to Provo. Besides this, the Judge was determined to make the attempt, at least, to bring up for trial before him some of the mur-derers of the Parish family, as well as those engaged in the wholesale massacre of the Arkansas emigrants at the Mountain Meadows, which involved some of the superior church officers. Accordingly, a company of the 10th infantry was detailed and detached on the service. The Court met, the Grand Jury was charged by the Judge, and some arrests made by the Marshal, including the Bishop or Mayor of Provo. Preparations for a rescue were made amongst the citizens, and a messenger was dispatched by them, both to Brigham Young and Gov-ernor Cumming to come down. Mean time the officer in command of the company reported the state of affairs, and even threats made by the populace, and immediately the General dispatched eight companies with a few dra-goons, and a section of the light battery, to take post at or near Battle Creek, about twelve miles this side of Provo, to be in readiness to act according to circum-stances, in protecting the Court, and securing the pris-soners in the event of an attempt at rescue.
Without this movement of the troops the Judge would not possibly have held his court with any prospect of success, and under the real state of the facts it is mar-vellously strange and unaccountable that Gov. Cumming, instead of giving his official sanction and aid in this second attempt to establish the supremacy of the laws, should, on the contrary, apparently be disposed to throw obstacles in the way, and to coincide with the Mormon views. I feel certain that nothing like justice can be administered here.
Judge Cradlebaugh is a bold, honest, and fearless judge, determined to do his duty, and, assisted by the strong power of his Government, he will certainly make an attempt at least to administer justice, even though the Governor protests and Brigham Young uses all his cunning craft to prevent it. He has already arrested with bench warrants two or three of the murderers, in-struments in the hands of the church officials, by whose authority the atrocious murder and robbery of the Parish family was perpetrated, and is on the track of the others, including some high functionaries, promoted to official station for their crimes! These lords of prey, as well as Brigham himself, are now fluttering in fear and dread of exposure, and several of them have already fled to the mountains. If a fair jury can be had, and a conviction of murder ensues, there is little doubt but that facts enough will be elicited to cause the arrest of Brigham himself and all the "Holy Twelve" besides.
