UTAH.
From Our Own Correspondent.
CAMP FLOYD, U. T
Since I wrote to you last Oct. 28, 1858. command, which had last week, Capt. Howe's the Humboldt been sent in the direction of it had to look after a band of Indians, who, been reported, had made an attack on a party carrying the United States Mail between California and Utah, has returned to camp. The only Indians whom they fell in with were some small parties who appeared very friendly, and the conclusion we have come to is, that there was but very little foundation for the reports upon the strength of which the expedition was sent out. It is thought, now, that any loss of animals sustained by the mail party was attributable to their own negligence in not herding them properly at night, and that instead of there having been an attack by a, formidable party of warriors, with the usual con-comitants of yells, warwhoops, ect., their stock was permitted to wander off to a distance from their camp, and was driven still further away by one lame Indian; and that on the next day, on the approach of a body of Indians, including some of the herd-men, to restore the lost mules, the whole mail party were struck with a panic of fear, and made a regular stampede of it, leaving everything behind them in their flight. It is rather hard on the United States forces, that they should be kept out here on these inhospitable moun-tains, subject to numberless annoyances and incon-veniences, for the protection of the canaille of Mormondom; for that, at present, appears to be our mission here. Apropos des bottes, I send you a lyric effusion, written by a high-priest by the name of Porter, at one time, only a few months since, an extremely popular song with the saints. The highly complimentary and eulogistic terms in which the army is alluded to, are well calculated to recon-cile them to any amount of hardship or privation it may be necessary to undergo to enable them to pro-tect Brother Brigham's lamblike flock from the ravenous red wolves of the mountains.
A good deal of interest is felt with regard to the approaching term of the United States District Court, about to be held by Associate Justice Sin-clair in Salt Lake City. Certain cases are to come before it, which will effectually settle the question whether the laws of the land for the protection of property and the inalienable rights of personal liberty are to be enforced in this Territory, or whether the whole Utah expedition, involving so much hardship and discomfort to every officer and man engaged in it, and the expenditure of millions of money, taxed upon the people of the United States, is, after all, merely another exhibition of the very expensive and not very diverting state force of "How Not to Do it." Several of the mer-chants whose cattle were stolen by the predatory band who ranged the mountains last Fall, under the command of the Lot Smith, who is immortalized in the lyric pome I send you, have brought suit to recover the value of their stolen property. The young man McNiel, who was put in the Peniten-tiary and in irons for attempting to leave the coun-try last Winter without a passport from Brigham Young, has likewise brought suit for false im-prisonment, laying his damages at $50,000. In all of these cases the law is perfectly clear, and the evidence adduced will be overwhelming; but if the verdict of the juries which try the cases shall be in accordance either with the law or the facts, I shall be very much astonished.
A general court-martial has been in session here recently, for the trial of Lieut. Edwards of the 3d Artillery, Lieut. Gay, of the 2d Dragoons, and Lieut. Wharton of the 7th Infantry. As a matter of interest to your readers in the army, I send you a copy of the proceedings in the cases of Lieuts. Edwards and Gay, with the orders of Gen. John-ston thereupon. The proceedings of the Court in the case of Lieut. Wharton have not yet been made public.
HEAD-QUARTERS DEPARTMENT OF UTAH,
Camp Floyd, U. T., Oct. 20, 1858,
GENERAL ORDERS NO. LVIII.
I. By a General Court Martial which convened at Camp Floyd, Utah Territory, on the 7th inst., pursu-ant to Special Orders NOs. 96 and 98, current series, and of which Brevet Colonel C. F. Smith, Lieut. Col. 10th Infantry, is President, were tried:
1. 2nd Lieut. Ebenezer Gay, 2nd Dragoons.
CHARGE I.
Conduct to the prejudice of good order and military discipline.
Specification 1. In this, that he, 2nd Lieut, Ebenezer Gay, of the 2nd Dragoons, commanding Company G, did, without written authority, leave the camp of his Company, at the former site of Camp Floyd, U. T., on or about the evening of September 16, 1858, and go to the present site of Camp Floyd, U. T., some 10 miles distant, and did remain absent from his company and regimental camp until late the next afternoon, Septem-ber 17, 1858.
Specification 2. In this, that he, 2nd Lieut. Ebenezer Gay, of the 2nd regiment of Dragoons, commanding Company G, absented himself from, and neglected his duties as Company Commander from the evening of September 16, 1858, until late in the afternoon of Sep-tember 17, 1858, and on rejoining his regimental camp failed to report his return to his commanding officer Lieut. Col. M. S. Howe, 2nd Dragoons.
Specification 3. In this, that he, 2nd Lieut. Ebene-zer Gay, of the 2nd regiment of Dragoons, being in arrest at Camp Floyd, U. T., on or about September 22, 1858, with charges pending against him for the offenses set forth in the first and second specifications, wrote, or caused to be written and delivered to 2nd Lieut. G. A. Gordon, Acting-Adjutant of the 2nd regi-ment of Dragoons, an official communication for the information and action of the Regimental Commander Lieut.-Col. M. S. Howe, couched in the following words and figures, to wit:
"FORT FLOYD, U. T., Sept. 22, 1858.
SIR: I have the honor to report that, this morning, I lost a very valuable dog, and being unable to search for the same (being in arrest), I most respectfully suggest that a party be sent out to endeavor to recover it.
"With great respect, your obedient servant,
(Signed) E. GAY, 2d Lieut. 2d Dragoons.
“Lieut. G. A. GORDON, Acting-Adj't 2d Dragoons."
Which communication was insubordinate, disrepect-ful and offensive.
CHARGE II,
Contempt and disrespect toward his commanding officer.
Specification. In this, that he, 2d Lieut. Eben-ezer Gay, of the 2d Regiment of Dragoons, being in arrest at Camp Floyd, U. T., on or about Sept. 22, 1858, with charges bending against him, preferred by his commanding officer, Lieut.-Col. M. S. Howe, 2d Dragoons, wrote or caused to be written and delivered to Lieut. G. A. Gordon, Acting Adjutant 2d Dragoons, an official communication for the information and action of his (Lieut. Gay's) commanding officer, couched in the following words and figures, to wit:
"FORT FLOYD, U. T., Sept. 22, 1858.
SIR: I have the honor to report that this morning I lost a very valuable dog, and being unable to search for the same, being in arrest, I most respectfully suggest that a party be sent out to endeavor to recover it.
"With great respect, your ob’t serv’t,
(Signed,) "E. GAY. 2d Lieut. 2d Dragoons.
“Lieut. G. A. GORDON, Acting-Adjutant 2d Dragoons.
"Which communication was contemptuous and dis-respectful toward the said Gay's commanding officer Lieut.-Col. Howe, 2d Dragoons.
This, notwithstanding that he, the said Gay, had previously made the same application verbally to the Acting-Adjt.-Lieut. G. A. Gordon, and had been told by that officer that his application would not be sub-mitted to the commanding officer, on account of its im-propriety.
To which charges and specifications the accused pleaded as follows:
To the first specification, first charge, not guilty.
To the second specification, first charge, not guilty.
To the third specification, first charge, not guilty.
To the first charge, not guilty.
To the specification to the second charge, not guilty.
To the second charge, not guilty.
The Court, after mature deliberation, finds the ac-cused as follows:
Of the first specification, first charge, guilty.
Of the second specification, first charge, guilty.
Of the third specification, first charge, guilty, omit-ting what follows the note.
Of the first charge, guilty.
Of the specification to the second charge, guilty, omitting what follows the note.
Of the second charge, not guilty.
And the Court does therefore sentence him, 2d Lieut. Ebenezer Gay of the 2d Regiment of Dra-goons, to be reprimanded in General Orders by the commanding officer of the Department.
2. First Lieut. John Edwards of the 3d Regi-ment of Artillery.
CHARGE I.
Violation of the 42d Article of War.
Specification. In this, that he, 1st Lieut. John Ed-wards, jr., of the 3d Regiment of Artillery, did lie out of his proper camp without leave from his superior officer on the night of the 20th of July, 1858. This at the camp of the fifth column, Utah forces, near Fort Kearney, N. T.
CHARGE II.
Contempt and Disrespect toward his Commanding Officer.
Specification, In this, that he, 1st Lieut, John Stewards, jr., of the 3d Regiment of Artillery, having been placed in arrest by his superior and com-manding officer, Brevet-Maj. D. P. Whiting, 7th Regiment of Infantry, through the Acting Adjutant of the Fifth Column Utah Forces (Lieut. Plummer), did say to said Plummer, "Tell Maj. Whiting he is a God "damn fool. I don't want to be under the command "of any damn fool, and I won't be; I am a free man," or words to that effect. All this in a loud tone of voice, highly excited manner, and within hearing of officers, and in the immediate vicinity of enlisted men of Light Company C, 3d Artillery, in the camp of the Fifth Column Utah Forces, near Fort Kearney, N. T., on or about the 31st day of July, 1858.
To which charges and specifications the accused pleaded as follows:
To the specification to the first charge, guilty.
To the first charge, not guilty.
To the specification to the second charge, not guilty.
To the second charge, not guilty.
The Court, after mature deliberation, finds the ac-cused as follows:
Of the specification to the first charge, guilty.
Of the first charge, guilty.
Of the specification to the second charge, guilty.
Of the second charge, guilty.
And the Court does therefore sentence him, 1st Lieutenant John Edwards, jr., of the 3d Artillery, to be reprimanded in general orders by the commanding officer of the Department, and to be confined to the imits of the camp or quarters of his company or regi-ment for six months, attending to all his duties.
II. The proceedings in the foregoing cases have been laid before the Commanding General, and the following is his action thereon:
The finding of the Court on the third specification, first charge, and on the second charge is not approved; the sentence is, however, confirmed.
The decision of the Court, that so much of the speci-fication proved under the second charge in the case of Lieut. Gay, does not sustain the charge—for such is virtually the effect of the finding—cannot be concurred in. Lieut. Gay's application is so manifestly improper that this finding can only be attribdted to the belief in the innocent intention of the prisoner, which he at-tempts to prove by opinions formed of his manner at the time, and by the disclaiming, on the following day, all premeditated offense. The testimony produced by the prisoner to show that no disrespect was intended by his letter, is not regarded as evidence. The best evidence in such cases is the writing itself, the lan-guage of which, when there is no inaccuracy or ambi-guity, should be interpreted, as to its intents, by the Court by its popular and customary use. The intent cannot be inferred from the manner of the accused nor from his professions of innocence after offending. The most serious offenses may be intentionally committed with an air of innocence well calculated to deceive the unsuspecting, and after commission—especially when the offender is cognizant that he is to be held account-able—the hope of warding off apprehended danger is a strong inducement to attempt to shield himself, under professions of innocence, from the just rebuke of his peers and punishment under the law.
With regard to the subject of the application itself, the Commanding General finds much in it that is rep-rehensible. Lieut. Gay asks for soldiers to be em-ployed by order on a duty menial in its character and which is no part of their duty, and in no wise con-nected with the public interests. With the same pro-priety might he have applied for an officer to superin-tend this duty, if a proper duty, as he supposes it. The finding of the Court on this charge, and the leni-ency in its sentence on the finding under the other, are well calculated to excite deep solicitude for the healthy tone and discipline of our army, which needs a strong hand and a wise control through our courts to check any tendency to insubordination and neglect of duty.
By the avoidance of duty father than application to it; by his unauthorized absence at a distance from his command, and consequent want of attention to his men, and by his tone to his commanding officer, Lieut. Gay indicates he has forgotten, in a measure, his obli-gations to the service, and misunderstands the duties of his position. Educated by his country, he owes her the benefit of the talents she has developed; selected for and maintained in a position which few are fortu-nate in obtaining and thousands are desirous of filling, she claims the time and devotion to her interests to which she is entitled and can procure from others; sustained in a profession which is characterized by the high tone of its members, it ought to be his first care to maintain in all their integrity, by Ids conduct and example, those elevated principles and that cour-tesy which mark its excellence.
The sentence in the case of Lieut, Edwards is con-firmed. Believing that Lieut. Edwards will find in the decision of the Court a sufficient rebuke for his conduct as a part of his punishment, the Commanding General deems it unnecessary to make any remarks as a reprimand, but directs the remainder of the sentence to be carried into effect.
III. Lieut. Edwards of the 3d Artillery, and Lieut. Gay of the 2d Dragoons, are, released from arrest and restored to duty.
IV. The Commanding General expresses his disap-probation of the practice developed in the testimony before this Court, of leaving it discretionary with offi-cers to absent themselves, at pleasure, from their commands, provided they are not absent on any duty—a practice which is contrary to the spirit of the law and regulations, and permits officers to judge of the necessity of being present in camp, and leads, though not designedly, to a dereliction of duty.
By order of Bvt. Brig. Gen. A. S. JOHNSTON.
(Signed) F. J. PORTER, Ass't Adj. Gen.
UNCLE SAM'S FAILURE TO EXTERMINATE THE MORMONS.
When Uncle Sam did first send out
His armies to destroy us,
Says he, the Mormons we will rout—
They shall not more annoy us.
He sent a force quite competent
To try and hang for Treason.
They surely tried, but did not hang;
Oh! don't you know the reason ?
CHORUS.
Great confusion in the East,
About their own corruption;
The problem is, to say the least,
To prove their own destruction.
When they were traveling up the Platte,
They sung many a ditty;
Saying we'll do this, and we'll do that,
When we reach Great Salt Lake City.
And, sure enough, when they got there,
They made the Mormons stare, Sir.
That is, I mean, they would have done,
But oh! they didn't get there, Sir.
Chorus.
When they were within two hundred miles,
Their officers were saying,
It will be but a little while
The Mormons we'll be slaying;
We'll hang each man that has two wives,
We have the ropes quite handy.
And, sure enough, they would have had,
But Lot Smith burned them on the Sandy.
Chorus.
When Alexander heard of this,
It made him feel quite wrathy.
Says he, "Who'll bring the burners in ?"
"I will," said Capt. Marcy.
He went and brought the burners in,
And by the neck he stretched them.
And, sure enough, he would have done't,
But, oh! he did not ketch them.
When Whisky Cumming heard of this,
He sighed, Oh, what a pity!
It is too late in the season now,
To get into the City.
A Proclamation he issued,
That sent us home a kiting;
That is, I mean, we would have went,
But were not badly frightened.
Chorus.
One day, when Lot Smith and his boys
Were riding along quite carelessly,
They came across a lot of boys—
A lot of Jackass Cavalry.
"Will you fight ?” asked Smith,
"Oh, no!" said they.
When our backs were turned they shot us;
That is, I mean, they popped away,
But, oh! they did not hit us.
Now, Uncle Sam, you'd better cease
To roam the Rocky Mountains;
You'll probably need your men and means
To defend yourself at home, Sir;
And if perchance you'd need some help,
The Mormons will be kind, too;
They helped you once, they'll do it again,
That is, if they've a mind to.
Chorus.
