The Difficulties in Utah.
The detailed accounts received from the Territory of Utah show that a very unfortu-nate state of affairs now exists there. From the moment the expedition entered its borders, there does not appear to have been an entire cordiality of feeling and harmony of action be-tween Gov. CUMMING and Gen. JOHNSTON. The American soldiers after suffering the priva-tions of their long journey, and their exposed winter encampment—with fearful stories of Mormon violence constantly dinned into their ears - naturally enough longed for a strife in which those whose contumacy had led them to that distant region might be punished and mi:litary laurels gained; while Gov. CUMMING, as a civil officer, wisely and humanely desired to secure a peaceful adjustment of the existing difficulties. The judges, knowing that their predecessors had been constantly engaged in a conflict with the Mormon people, previous to the arrival of the army, and conscious that there was very little probability of Mormon juries paying proper respect to American courts, appear, from the outset, to have re-garded the Mormons rather with the feelings natural to prosecuting attorneys than the calm and unimpassioned sentiments of impar-tial judges. After the proclamation of the President, granting amnesty for past offences, had been read and circulated, and the civil control of the Territory fully vested in Gover-nor CUMMING, order and quiet for a time pre-vailed. The District Attorney weakened this feeling when he unwisely instituted prosecu-tions for crimes which had clearly been par-doned by the President. But, having failed in that undertaking, another difficulty has arisen. A court has recently been summoned at Provo, an important Mormon town. The Grand Jury was composed of men selected by what is called the County Court, which con-sists of officers of the same character as the County Commissioners of Pennsylvania. Various bills of indictment were framed, among which were bills against two Indians, named MOSE and LOOKING-GLASS, who were charged with assault, with intent to commit a rape, on a Danish Mormon girl, and a bill against a Mormon for procuring and enticing soldiers to desert. These bills of indictment were promptly found; but the attention of the jury was also directed to indictments against a number of leading Mormons, for the murder of the two PARRISHES, father and son, and POTTER, at Springville, in March, 1857. The allegation was that the deceased had aposta-tised from the Mormon Church, and deter-mined to emigrate to California; that the Mormons resolved to prevent their departure, and, finding it impossible to persuade the apostates to remain, they were shot down on the road, a fter they had tra-velled but a few miles on their journey. The judge specially directed the attention of the Grand Jury to this case. After several weeks of deliberation, it failed or refused to find a true bill, in consequence, as the judge alleges, of the fact that its members were re-lated to, or sympathised with, the murderers. The court there discharged them, in an in-dignant speech, denouncing in violent terms their neglect, and concluding with the follow-ing extract:
"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 community will punish its own mur-derers such expectations 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 protection. 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."
In compliance with this threat, the judge is reported to have set free the two Indians charged with rape, and thus to have prac-tically retorted upon the Mormons by giving them to understand, that if they would not assist him in punishing those whom he re-garded as criminals, he would not assist them in punishing those against whom their ani-mosity was excited.
One of the first acts of Judge CRADLE-BAUGH, after the court assembled, was to send to General JOHNSTON for a company of United States troops to guard and protect the court, to take charge of such prisoners as might be ordered into custody, and to shield witnesses from Mormon vengeance, with which it is al-leged they were threatened. This request was promptly complied with. Soon after the sol-diers assembled, the Mayor and Common Council of Provo remonstrated, both to the Judge and to the Governor, against the employment of the United States troops to assist in the performance of a strictly judicial duty. The judge denounced this remonstrance, and persisted in maintaining an armed guard around the court. Governor CUMMING sympathised with the citizens, and wrote a let-ter to General JOHNSTON requesting the with-drawal of the troops, but his request was not complied with; indeed, additional forces were sent to the aid of the first company. The Governor then issued a proclamation, in which he formally protested against the employment of the troops around the court-house at Provo, alleging that their presence had a tendency to terrify the inhabitants, to disturb the peace of the Territory, and to subvert the ends of jus-tice, and that the troops were placed there without his censent and in opposition to the letter and spirit of his instructions. His course was warmly approved by the Mormons, some of whom are said to contemplate an organization of the militia, to be arrayed against the United States troops. Judge CRADLEBAUGH, on receiving the proclamation of the Governor, attacked it in open court, denying some of its statements, and declaring that his court is not subservient to, and will not act under Executive dictation. So the case appears to stand at present—the army and the judge favoring rigorous measures against the Mormons, while the Governor is anxious to conciliate them and to fully restore peace in the Territory.
The difficulty is an unfortunate one. It is quite evident that there can be no harmony of action for the promotion of the ends of justice between the judge and the Mormon juries, and that such a spirit of antagonism has been aroused between them that they act more like two hostile forces, or two opposing parties to one suit, than as co-ordinate branches of a common system of jurispru-dence.
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