HIGHLY IMPORTANT FROM UTAH.
Conflict of Authorities.
CIVIL AND MILITARY ECCLESIASTICAL DIFFICULTIES.
Judge Cradlebaugh and the Mor-mon Grand Juries.
TROUBLE IN PROSPECT.
From Our Own Correspondent.
CAMP TIMPANOGAS, 4 miles N. of Provo, U
March 23
As I confidently predicted in former [--]ers, the Attempt to administer the laws at the Term of the United States District Court, now being holden in Provo by Judge Cradelbaugh, has thus far resulted, like every similar attempt made in Utah, in com-plete and signal failure. It is now demonstrated, more conclusively than ever, that the law of the land is a dead letter here—that it is superseded, set aside, and nullified by the ordinances of the Mormon Church, administered by the ecclesiastical hierarchy, and executed by the Danites, even, when occasion requires, to the taking of life. The presence of civil government here is a hollow sham—the actual rule of the Church is a bloody reality. The punish-ments for crime denounced by the Law are mere brutum fulmen—those awarded by the Church are errible and certain of execution. The presence here of an army with banners could not protect a poor deaf and dumb boy from falling a bloody sacri-fice to the molock of Mormonism.
The Grand Jury impanneled at the present term of the District Court at Provo, although the most positive and direct testimony was adduced before them with regard to the murder of the two Par-ishes and Potter, sullenly and pertinaciously re- fused to the last, in open disregard of the obliga-tions of their oath, to take any action whatever in the matter. After it had become perfectly evident that nothing could be expected from them, Judge Cradelbaugh concluded to discharge them, which fee did, after addressing to them such an allocution as, I venture to say, no Judge ever had occasion to address to Jury before. I have been at some trouble to procure you a copy of it, which is here-with inclosed.
Finding that the Grand Jury would not act, af-fidavits were made before the Judge, and bench-warrants issued against some of the most promi nent of the advisers and perpetrators of the Parrish murder. Under these warrants several arrests weie made before the alarm could spread among the accused, since which there has been a general stampede of all supposed to be implicated, and a general spiriting away and secreting of witnesses. Among the persons arrested was a man of the name of Bulloch, who fills the office of Mayor of Provo. He, however, after un-dergoing a preliminary examination before Judge Cradelbaugh, was discharged. There are four oth-ers still in custody, against whom ample testimony has been elicited to hold them for trial. They are A. F. McDonald, Carnes, Nethercot, and another man, whose name I can not now recall. They are in confinement, under charge of Capt. Heth's com-pany of the 10th Infantry, which, as I have before informed you, is stationed in Provo. The presence of this company in their very midst was gall and wormwood to the saintly fanatics of this most fa-natical of all the Mormon cities—the more especially so, as by the simple expedient of their presence the intent of the whole policy of the Mormon hierarchy in studiously avoiding to provide jails, or means of support for prisoners awaiting trial before the Federal Courts, was defeated. I shall endeavor to procure and forward to you for publication copies of an interesting correspond-ence between his Honor, Judge Cradelbaugh and the City Council of Provo in relation to this subject. Gov. Cumming, it seems, has likewise interested himself in the matter, siding, as was to be expected with his proteges. He has addressed a formal communication to Gen. John-ston on the subject, stating that he was much sur prised to find, on coming to the "village" of Provo, during the session of the United States Dis-trict Court, the Court-House, and ground ad-joining occupied by a company of the United States soldiers, and that, although he had, at the date of his communication, been several days in Provo, Capt. Heth, the commander of the troops in question, had not reported to him. I may be permitted here to remark that his Excellency ap-pears to labor under a very singular error in regard to the extent of his authority over that portion of the army of the United States stationed in Utah. Whatever his views may be, they do not appear to be coincided in at Department headquarters, for not only has Capt. Heth's company not been with-drawn from Provo, but since the receipt of the Governor's remonstrance, a large command of nine companies of infantry, a section of artillery, and a detachment of dragoons, all under command of Brevet-Major G. E. Paul, 7th-Infantry, has been ordered to take post near Provo, and is now here at Camp Timpanogas, within four miles of that city.
This is the most important military movement that has been made since the army entered the Valley, and appears to have been occasioned is the following way. When Bulloch, the Mayor of Provo, was arrested, and it became known that warrants were out for President Snow, and Bishop Johnson, Springville, and other prominent men in the Mormon organization, the excitement among the fanatical population of Provo arose at once to lever heat. The Mormon City Marshal informed Capt. Heth that it would be with the greatest diffi-culty he could prevent an outbreak; that he had put two hundred additional special policemen on duty, caused all the drinking-houses to be closed, and taken all other possible precautions; but that, in the state of feeling which then existed, any spark might cause an explosion. Capt. Heth's company does not number over sixty or seventy men, while Provo, styled by Gov. Cumming a “village," is the second city in point of size in the Territory, and counts its population by thousands.
Capt. Heth felt confident, however, that what-ever turn affairs might take, he could, by taking possession of or occupying the Court- House build-ing, prevent a rescue of the prisoners in his custody, and hold out against the heathen, until assistance could reach him from Camp Floyd, to which point an express was at once dispatched. As soon as the state of affairs at Provo thus be-came known at Camp Floyd, it was very properly determined by Gen. Johnston to march at once such a force to this vicinity as would render any attempt at an outbreak utterly hopeless. The force detailed for this purpose consists of a bat-talion of five companies of the 7th Infantry, under Capt. Little, Lieut. Potts, Adjutant, and the follow-ing officers: Lieuts. Plympton, Evans, Plummer, Hancock and Stivers; a battalion of three com panies of the 10th Infantry, under Capt. Tracy, Lieut. Kearny, Adjutant; Lieut, Kelly, commander, Company A; Lieut. Forney, commander, Company F., and Lieut. Thompson, attached to Company H; a section of Phelps's Battery, under Lieut. Weed, and a detachment of 2d Dragoons, under Lieuts. Gordon and Livingston, the whole force under Brevet- Major G. R. Paul, 7th Infantry, with the following staff: Lieut. Brooks, 7th Regt., act-ing Assistant Adjutant-General, and also acting Assistant Quartermaster and Commissary of the column, and Assistant Surgeon John Moore. The force numbers about a thousand men, and its ap-proach toward the City of Provo operated like a charm—for all at once there came a great calm. The conciliatory policy initiated in this Territory by Gov. Cumming, and followed up by the Commissioners sent out by the President to patch up a peace with the Mormon Church militant, has proved to be a very gross blunder, which in poli-tics, as some sage philosopher has observed, is worse than a crime. The saintly assassins, in-stead of being soft-soaped and soft-sawdered, should have been smitten with the edge of the sword, for at this moment there is nothing that brings them to the little glimmering of reason they possess so promptly as the glitter of bright bayonets in the sun.
Up to the present time, for the reasons stated in the remarks of Judge Cradlebaugh to the Grand Jury, on dismissing them, the Marshal has not been able to affect the arrest of President Snow Ristrop, Johnson, Durfee, Earl and others, for whom he has warrants, for being implicated in the murder of the Parrishes. A movement of two companies of Infantry and a company of Dragoons from our camp, to surround Springville in the night, has been in contemplation and may possibly lead to the capture by the Marshal of some of the guilty par-ties
As Judge Cradlebaugh is causing such strenuous efforts to be made to effect the arrest of the parties accused of being implicated in the Parrish murder and other crimes, it is probable that he has in con-templation some mode of procedure that will result in giving the Court the cooperation of a jury of good and true men who will have a proper regard for the law of the land and the obligation of their oath. It has been surmised that this end may be attained by adjourning to Camp Floyd, exhausting the regular panel and summoning a jury of tiles-men.
Camp Timpanogas is beautifully located on the Provo or Timpanogas River, about a mile and a half below the mouth of the Provo Canon, and four miles north of Provo. In front of our camp, to the east, and at a short distance, rises like a wall the precipitous side of the Wahsatch Mountains—brown, and bald, and bare, except where, new the summit, the rock-rooted and storm-defying pine, dwindled to a mere shrub, peers up through the snow. Sweeping away to the and south-west, the range terminates in the magnificent Mount Nebo, its snowy peak gleaming like frosted silver in the sun. To the north of us, its sheer sides towering toward the clouds, gapes the gorge from which gushes the Timpanogas, through whose clea, cool waters gleam the speckled sides of the swift-darting trout, said to be the finest in the world. To the east of the stream the country rises into two terrace-like formations, known in the lan-guage of the country as "benches." Upon the first or lower of these our camp is pitched, our white tents being visible from Provo, Springville, Spanish Fork and Payson, all lying in the valley which spreads out to the south of us, and around which reverberate the echoes of our morning and evening gun, proclaiming peace on earth to men of good will.
PROVO, U. T., March 29, 1859. Durfee and Bartholomew, against whom war-rants were in the hands of the U. S. Marshal upon accusations of being concerned in the Parrish murder, delivered themselves up to Secretary of State Hartnett, in Salt Lake City, a few days ago, and are now in custody here under charge of Capt. Heth's company. They say that when they first learned that warrants were out against them they were advised to secrete themselves in a canon to the east of Springville, where they re-mained secreted for several days, when they were notified, some hours before Captain Heth, of Provo, was advised of it, that a force of about 1,000 men were about to move from Camp Floyd upon Provo, and they were "counseled" to proceed at once by a certain designated route to Salt Lake City, under the guidance of the man Earl, who bad been excused from service on the Grand Jury for being implicated in the Parrish murder. They were directed to keep along the foot of the mountains and avoid the main road, and they were directed to cross the Cottonwood Creek at a certain point where there was a very thick under growth For some reason or other, they feared that foul play was premeditated against them by their own people, and positively refused to cross the stream at the point indicated. Upon reaching the city, they were about being taken to some out-of-the-way place in the suburbs, when, as they were passing the Gentile store of Livingston & Rencard, they bolted in and claimed protection being mani-festly apprehensive that it was intended by the church authorities to put them out of the way, for some purpose or other. There is considerable probability that these men will turn State's evidence, when the whole enormity of the Parrish murder, in all of its details, will be brought to light.
I send you a copy of a proclamation just put forth by Gov. Cumming. I have no time for com-ments at present.
By Alfred Cumming, Governor of Utah Territory.
A PROCLAMATION. Whereas, One company of United States Infantry, under the command of Capt. Heth, is now stationed around the Court-House at Provo, where the Hon. John Cradlebaugh is now holding Court, and eight ad-ditional companies of infantry, one of artillery, and one of cavalry, under Major Paul, are stationed in sight of the Court-House; and
Whereas, The presence 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 intimidation of witnesses and jurors; and
Whereas, This movement of troops has been made without consultation with me, and, as I believe, is in opposition to both the letter and spirit of my instruc-tions; and
Whereas, Gen. Johnston, commander of the military department of Utah, has refused my request that he would issue the necessary 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 protest, against this present military movement, and also against all movements of troops incompatible with the letter and spirit of the annexed extract from the in-structions received by me from Government for my guidance while Governor of the Territory of Utah.
[L. S.] 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 27th day of March, A. D. J859, and of the Independence of the United States the 83d. ALFRED CUMMING.
By the Governor.
JOHN HARTNETT, Secretary of State.
Extract—(Governor Cumming's instructions), it is your duty to take care that the laws are faithfully exe-cuted, 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 oppo-sition, they have a right to call such portion of the posse comitates to their aid as they may deem necessary. If circumstances 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 anticipated, then you are authorized to call for such number of troops as the occasion may require, who will act as a posse comitates; and while thus employed they will be under the direction of the proper civil officer, arid act in conformity with the instructions you may give, as the Chief Ex-ecutive Magistrate of the Territory.
Affidavit of William Sloan. I, William Sloan, do solemnly swear that I was at the store of Levi Stewart, in this town of Provo, on this the morning of the 29th of March, 1859, when and where I heard Hosea Stout, esq., read to a crowd of between thirty and fifty persons the procla-mation of Gov. Cumming, dated the 27th of March, 1859, and immediately after said reading, I heard several persons in-quire of said Hosea Stout, whether any call was made on the Nauvoo Legion by Gov. Cumming to expel the troops, or words to that effect, now stationed in Provo and on the Provo Bench. Every one seemed in a high state of excitement, signs were in-terchanged, and many private consultations held, and many per-sons called out of the store-room to whom words were whispered, whereupon they left the store; and the impression made upon my mind was that the effect of said proclamation, from what I saw and heard, had been to induce a threatening attitude upon the part of the citizens to the troops stationed as indicated.
[Signed] WM. SLOAN.
Subscribed and sworn to before me, this 29th March, 1859.
[Signed], CHARLES E. SINCLAIR,
Associate Justice Supreme Court, Utah Territory.
Affidavit of Janet Gammell. Territory of Utah, Utah County, ss.—l, James Gammell, do solemnly swear that I have mingled to-day, the 29th day of March, 1859, generally among the citizens of Provo City, after the publi-cation of the proclamation of Gov. Cumming, dated 27th of March, 1859, and have heard numerous expressions thereon from the people. That, in my judgment, the effect of that proclamation upon the minds of the citizens has been to exasperate them against the United States troops now stationed in and near this city still more than they have been, and has tended to disturb the public peace and tranquillity. That numerous persons have ap-plied to me for the purchase of powder and lead, saying that they expected the militia of the Territory to be called out by Gov. Cumming for the purpose of attacking the United States troops, and driving them from their present position in and near this city. I am an Indian trader, and have a considerable quantity of powder and lead and other Indian goods, and have refused their offers of purchase.
I believe, from the present excited condition of the public mind growing out of said proclamation, that a decidedly threatening attitude exists in the purposes of this city and adjacent settlements toward the before- mentioned detachments of United States troops.
[Signed] JAMES GAMMELL.
Subscribed and sworn to before me, this 29th day of March, 1859). CHARLES E. SINCLAIR,
Associate Justice of the Supreme Court, Utah Territory. We, Albert Parrish, Henry Higgins, James O'Bannton, Leonard Phillips, Orren Parrish and James Gammell, do solemnly swear that we are, and have been for several years past, residents of the Territory of Utah; that we were summoned to appear as witnesses before the United States District Court for the Second Judicial District of said Territory, which convened at the City of Provo on the 8th of March, 1859; that we possessed certain knowledge of various crimes, which had been in the past two or three years committed in said district, on account of which said knowledge we had been summoned; that on account
of the participation in or sanction afterward of the said crimes by the community in which said crimes were committed, emanat-ing, as we believe, from the authorities of the Mormon Church, we considered our lives and property in eminent peril from the Mormon community should we appear and testify to the facts within our knowledge, unless a portion of the United States troops should be, as they have been, stationed in the Town of Provo, near enough to the court- room to guarantee safety; and that from the Mormon community we have received threats and intimidation in case we should divulge the facts concerning said crimes; and which threats we believe would have been carried into execution but for the timely aid afforded by the Commanding Genera! in stationing troops now in and near this city; and further, we believe our lives to be ill danger henceforward without military protection from United States troops.
JAMES GAMMELL,
HENRY HIGGINS,
ALBERT G. PARRISH. his
ORREN X PARRISH,
mark
LEONARD PHILLIPS,
JAMES O'BANNION.
Sworn to and subscribed before me, this 29th day of March, 1859. CHARLES E. SINCLAIR,
Associate Justice Supreme Court.
INTERESTING CORRESPONDENCE.
PROVO, March 11, 1859.
To the Hon. Judge CRADLEBAUGH, Associate Justice of the Supreme Court of the United States, ex-officio Judge of the Second Judicial District, Utah Territory.
DEAR SIR: The Mayor and City Council of Provo beg leave to respectfully represent that, whereas, the City Council have received petitions from the various wards of the city against the military occupation of the Seminary and vicinity by the United States troops to the annoyance of the citizens of the city, and intim-idation of persons having business with the District Court in session in the Seminary, and also rendering it exceedingly difficult for the civil officers, and expen-sive, to preserve the peace between the unruly por-tions of the citizens and the soldiers, some unpleasant circumstances having already occurred, and that they regard it as a direct interference with the municipal regulations of American citizens under these circum-stances, you will see the impropriety of their longer continuing in their present position, and we respect-fully request that they be removed beyond the limits of this city.
By order of the City Council,
J. LATHAM, City Recorder. B. R. BULLOCK.
PROVO, March 12, 1859.
GENTLEMEN: Your letter of the 11th inst. has just been received. In reply to it I take occasion to say that the movement of a company of infantry to this city, and their temporary location here, was well con-sidered before it was determined upon. It was a mat-ter of necessity. There were a number of prisoners to be tried before my Court. Neither the Territory nor the city afforded a jail or other place of confinement for them. No manner of provision has ever been made for their support and sustenance, either by the Terri-tory or your city. To secure those prisoners and to maintain them I owe both to my office and to them. I have adopted the only means left me of ac-complishing those objects. The military company, kindly furnished by the commnading General, both se-cure and support these prisoners. That this small force should be near the Court-House, or the building used as such, is not only a matter of convenience but of necessity to the Court. This I can say, however, that so soon as I can dispense with their most useful services I shall do so.
You speak of their being here "to the annoyance of" of the citizens of the city, and intimidation of those "persons having business with the District Court."
When, where, or in what manner these soldiers have annoyed or interfered with the citizens of Provo, I challenge you to show. A more quiet, orderly set of men I never saw. They have deported themselves with propriety and decorum truly remarkable.
As to your remark about intimidation, allow me to say that good American citizens have no cause to fear American troops.
I am, gentlemen, your obedient servant,
JOHN CRADLEBAUGH.
PROVO, March 20,1859.
Capt. HERNY HETH—Dear Sir: You politely pro-posed to address me a note this morning on the subject of certain papers recently placed in your bauds. If it is entirely convenient, I would be pleased to receive the note referred to. Very respectfully,
A. CUMMING.
HENRY HETT, Capt. 10th Inf., U. S. A.
CAMP RIDGELY, PROVO CITY, March 20, 1859.
GOVERNOR: Out of respect to your official position, I gave last night to your Excellency certain official documents for perusal which I had a short time before received from the Headquarters of the Army of Utah. You requested me to furnish you with a copy of those papers. Your Excellency, I am convinced, will readi-ly sec the military impropriety of a subaltern furnish-ing copies of his orders, or making such orders public, without proper authority. If there is an impropriety in my furnishing you copies of these papers, I feel satisfied it will give the General Command very great pleasure to furnish your Excellency with copies of the same.
With great respect,
I am your Excellency's obedient servant, HENRY HETH, Captain of 10th Infantry, U. S. A.
His Excellency, A. CUMMING, Governor of Utah.
CAMP RIDGELY, PROVO, March 27, 1859.
To the Mayor and Common Council of Provo City.
Last night, between 7 and 8 o'clock, a party of evil-disposed persons threw stones at one of my sentinels, when in the quiet discharge of his duty, and came near injuring him. Should this be repeated I will regret the consequence that may ensue.
I am, very respectfully, your obedient servant,
HENRY HETH, Capt. 10th Infantry.
JUDGE CRADLEBAUGH'S ADDRESS TO THE GRAND JURY AT PROVO, BEFORE DIS-MISSING THEM FROM FURTHER ATTEND-ANCE.
This day makes two weeks from the time you were impanneled. At that time the Court was very particu-lar to impress upon your minds the fact that it was desirable to expedite business as speedily as possible. The Court took occasion to call your attention to the difficulty under which we bad to labor. It told you of the condition of the legislation; it told you of the fact that the Legislature had not provided proper means to aid the Court in bringing criminals to punishment; it told you that, aside from that, the legislation was of such a character as to embarrass the Court in the dis- charge of its duties; and that they had given criminal jurisdiction to Courts of their own creation, which, by the Organic Act, can exercise no such jurisdiction. They had sought to throw the punishment of crimes into such tribunals.
The Court also called your attention to the fact that there had been, in connection with this legislation, an attempt by persons within the Territory to bring the United States Courts into disrepute with this people. It particularly called your attention to the fact that Brigham Young, the late Executive of the Territory, at the time when lie was a sworn officer of the Govern-ment—sworn to see that the laws were executed—had taken occasion to denounce the Courts as vile and cor-rupt; also, that he had taken occasion to denounce all attorneys and jurors of the Court, and that this was done to prevent the proper and due administration of justice in the Territory.
The Court felt it its duty to repel such slanders; that it owed it to the position it occupied, and to the members of the bar who were looked upon as honora-ble men; and from its association with them, it felt it to be its duty to repel such slanders, let them come from what source they might. This was done for the purpose of showing the difficulties that you and the Court labor under in bringing criminals to justice.
Aside from this the Court took the unusual course of calling your attention to particular crimes; the horri-ble massacre at the Mountain Meadows; it told you of the murder of young Jones and his mother, and of pulling their house down over them, and making that their tomb; it told you of the murder of the Parrishes, and Potter, and Forbes, almost within sight of this Court-House. It took occasion to call names, for the purpose of calling your particular attention to those crimes. The fact that they had been committed is notorious.
The Court has bad occasion to issue bench warrants to arrest persons connected with the Parrish murder; has had them brought before it, and examined. The testimony presents an unparalleled condition of affairs. It seems that the whole community were engaged in committing that crime. Facts go to show it. There seems to be a combined effort on the part of the com- munity to screen the murderers from the punishment due them for the crime they have committed.
I might call your attention to the fact that when officers seek to arrest persons accused of crimes, they are not able to do so; the parties are screened and secreted by the community. Scarcely have the officers arrived in-eight of the town of Springville before a trumpet was sounded from the wall around the town. This, no doubt, was for the purpose of giving the alarm. The officers were there to make arrests. The officers leave the town, and in a short time a trumpet sounds again from the wall for the purpose of announc-ing that the danger was over. Witnesses are screened, others are intimidated by persons in that community.
An officer of this Court goes to Springville, meets the bishop of the town, asks him for a certain man for whom he has a writ, he having understood that the man was a scribe in his office. He (the bishop) tells him that he has gone to Camp Floyd; while the fact is, the person the officer desires to find is at the time in sight in the street. We have here a bishop lying to prevent the service of the process of this Court, and aiding in preventing criminals being brought to punishment.
Such are the attempts made to prevent the adminis-tration of justice in the courts. Officers are prevented from making arrests. They are thwarted upon all points when they seek to arrest those persons who should be brought to punishment.
Such acts arid conduct go to show that the commu-nity there do not desire to have criminals punished; it shows that the Parrishes and Potter were murdered
by counsel; that it was done by authority; the testi-mony goes to show that the persons engaged in com-mitting these murders are officers in that community, policemen, and that they have since been promoted for committing these hellish crimes.
At the commencement of this term of Court, these persons were to be seen elbowing about the streets with the bishops and other dignitaries, but now they are not to be found.
I say all these facts go to show that these offenses were commited by officers in that town, and that there is a determination to cover up and secrete the offenders.
You have had sufficient time to examine those cases: more than two days ago you had all the testimony be-fore you on the Parrish case, and from some cause you refuse to do anything.
Your duty is to find bills when there is sufficient tes-timony to satisfy you of the probability of the party's guilt. The Court has been patient with you. It has given you time. It has endeavored to be patient that you might have ample opportunity to do your duty. The Court has no desire but to do its duty; to punish offenders and enforce the law. It can have no other purpose or motive. If it is the desire of this commu-nity that persons guilty of crimes shall be screened, and that high, notorious crimes shall be covered up, it will have to be done without the aid of this Court.
Should my Government desire such things, they must send some other person than the one who now presides in this judicial district to accomplish such purpose.
The Court cares not what position persons hold either civil or ecclesiastic; if they are guilty of crimes it will use its authority to bring offenders to justice.
By legislation we have no jails, no means to support prisoners, no means of paying witnesses or jurors or other officers of this Court. It would seem the whole legislation of this Territory was to prevent the due ad-ministration of justice. It was these considerations that induced the Court to desire you to expedite the duties devolved upon you.
The Court feels that it has discharged its duty; it has furnished you every facility for discharging yours. Still you make no report; to continue you longer in service would be wrong, the public interest would be neither promoted nor benefitted by it. You are, there-fore, discharged from further service. The Court will think of the propriety of veniring another Grand Jury.
For some service upon Territorial business, the Clerk will issue you his certificates. For the time you were engaged in United States business the Marshal will pay you.
If it is expected that this Court is to be used by this community as a means of protecting it against the pecadilloes of Gentiles and Indians, unless this com- munity will punish its own murderers, such expecta-tions will not be realized. It will not be used for such purpose.
When this people come to their reason and manifest a disposition to punish their own high offenders, it will then be time to enforce the law also for their protect-tion. If this Court, can not bring you to a sense of your duty, it can at least turn the savages in custody loose upon you.