THE UTAH DIFFICULTIES.
Telegraphic reports to the Northern papers state that the Secretary of War has received voluminous despatches from Col. JOHNSTON, commanding in Utah, who gives a gloomy account of the conflict there between himself and Gov. CUMMING, and between the Governor and the Judiciary. Judges Sinclair and Cradlebaugh asked of Col. Johnston military protection for the court, witnesses, and prisoners, and he sent to Provo City a company of infantry for that purpose. Gov. Cumming, siding with the Mormons, protested against this, and demanded of Col. Johnston that the troops should be withdrawn. The demand was refused, and the Governor threatened to call out the Mormon militia to drive them off, when Col. Johnston sent up several additional companies of in-fantry, one of artillery, and one of cavalry, to sustain the guard if necessary. Such was the position of affairs when the express left. It is said that the Department approves of the course of Col. Johnston.
We extract from the St. Louis papers the subjoined official correspondence on the subject between Governor Cumming and Col. Johnston:
PROVO, (U. T.) MARCH 20, 1859.
SIR: I arrived in this village on the 14th instant, and found a detachment of United States troops quartered in and around a house in which the Hon. John Cradle-baugh, United States Judge, was holding court for this district. The officer in command of the detachment oc-cupying this extraordinary position is a captain of the 10th infantry, 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 offi-cially, although I have been six days in this village.
I have been informed that the Hon. Judge Cradlebaugh 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, prison-ers 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 prison-ers arrested for trial at this Court, and the detention of any other persons whose presence may be necessary thereto
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 un-der the command of Major Gabriel R. Paul, of the 7th infantry.
I herewith enclose extracts from my instructions as Governor of Utah Territory, bearing date July 30th, 1857, (a copy of which is in your office.) From a peru-sal of these extracts you will perceive the reason and necessity of this communication.
I therefore respectfully request that you will prompt-ly order the officer in command of the detachment, now encamped at the court-house, to occupy a position out-side 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 influence of a mili-tary encampment in their vicinity.
It is with pleasure that I announce to you that, after careful observation, I am satisfied that the presence of the military force in this vicinity is unnecessary; and for this and other reasons I desire to impress upon you the propriety of the immediate disposition of the troops as above indicated. Should I be deceived in the opinion now expressed in regard to the peaceful disposition of the inhabitants, 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, A. CUMMING, Governor of Utah Territory.
To Gen. A. S. JOHNSTON, Col. 2d Cavalry, commanding
Department of Utah, Camp Floyd, Utah Territory.
HEADQUARTERS DEPARTMENT OF UTAH,
CAMP FLOYD, U. T., MARCH 22, 1859.
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 Judg for Utah. There being no jail in this district, nor any means provided for the subsistence of the prisoners, as represented by his Honor the Judge, a refusal on my part would have rendered it impracticable to bring these cul-prits to trial, and the Judge would have had no alternative but to turn them loose. In my judgment there was as 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 com-mand, 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 complaint, Capt. Heth was directed to encamp without the limits of the town of Provo, where the Court is held; but it ap-peared, subsequently, that the limits of this town are very great, extending several miles away from where any business is transacted. Capt. Heth, at the sugges-tion of the Judge, seeing that to comply literally with his order would prevent him, on account of the distance, rendering the aid expected of him, encamped on a lot of ground (which was approved by me) the house on which had been rented for a court-house, for the use of the United State 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 Spring-ville, 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 avoid-ed, if possible, and deprecated, and which the presence of a strong force would no doubt prevent.
I have been thus lengthy and circumstantial in pre-senting 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 direction of the proper representative of a co-ordinate branch of the Territorial Government, with whose requisition, 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 ex-ecution of the law, or in aid of their administration, to go according 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 instruc-tions, 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 accordance with them in declining to make any change in the disposition of Capt. 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 im-propriety in Capt. Heth's reporting to you; such an act would be an acknowledgment of military supremacy on your part which does not exist.
To prevent any misunderstanding hereafter, I desire to say to your Excellency that I am under no obligations whatever to conform to your suggestions with regard to the military disposition of the troops of this department, except only when it may be expedient 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 instructed to discharge the duty point-ed out.
I have only to say that to secure the military convicts who were required as witnesses by the United States District Attorney, it would have been necessary to send a force to Provo with them, whether asked for or not. There was nothing in the manner of making this move-ment that could have been construed as an intimidation, or should have caused any apprehension in the midst of a population whose police force greatly outnumbers the force sent among them; and I do not nor do I think that it should be viewed by well-disposed and well-af-fected citizens in any other light than a subject of gra-tulation that their Government has the ability to bring offenders to justice, and to sustain by its power the ad-ministration 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 Col. Crosman, but of which a copy is not in my office.
With great respect your obedient servant,
A. S. JOHNSTON,
Colonel Second Cavalry and Brevet Brigadier
General U. S. Army, commanding.
To his Excellency A. CUMMING,
Governor of Utah, Provo City, Utah Territory.
HEADQUARTERS, DEPARTMENT OF UTAH,
Camp Floyd, U. T., March 24, 1859.
F. J. PORTER, Assistant Adjutant General.
EXTRACT,
"It is your duty to take care that the laws are faith-fully executed, and to maintain the peace and good order of the Territory; and also to support by your power and authority the civil officers in the performance of their duties. If these officers, when thus engaged, are forcibly opposed, or have just reason to expect opposition, they have a right to call such portions of the posse comi-tatus to their aid as they may deem necessary. If cir-cumstances should lead you to believe that the ordinary force at the disposal of such officers will be insufficient to overcome any resistance that may be reasonably an-ticipated, then you are authorized to call for such num-ber of troops as the occasion may require, who will act as a posse comitatus; and while thus employed they will be under the direction of the proper civil officer, and act in conformity with the instructions you mny give as the Chief Executive Magistrate of the Territory."
