THE UTAH DIFFICULTIES.
The following is a part of a private letter on the sub-ject of the Utah difficulties from Judge SNOW to a friend in this city. Judge SNOW'S views, it will be seen, do not agree with those of his associates, Judges BRANDEBURY and BROCCHUS :
GREAT SALT LAKE CITY, FEB. 28, 1852.
DEAR -----: I have purposely abstained from saying any thing on this subject other than what I have neces- sarily been obliged to say and what I have written to you. I have my reasons for this course; among them I will mention the fact that it constitutes no part of my judicial duties, and is a subject proper for another branch of the Government. I can serve this people and the Government of the United States better by discharging the duties as-signed me than by looking after and attempting to correct what I may imagine to be the errors of others.
In my opinion the same things happening in any other Territory of this Union that took place here by the citi- zens here would not have produced the slightest effect whatever.
This people are greatly in favor of the principles of the constitution and laws of the United States. The only thing about what I ever heard any well- informed member of this church complain is the inefficient execution of the laws. They say they cannot get the laws executed in their behalf.
There have been errors committed here and indiscreet things said, though not more than might have been ex-pected. I will mention some few things. When Major Halman, Indian agent, arrived here, he and Stephen B. Rose, without consulting his excellency Gov. Young, went to Fort Laramie to attend the treaty with the In- dians there. Mr. H. R. Day, sub-Indian agent, also agreed to go, but owing to his own negligence failed, and going to Fort Laramie was beyond their jurisdiction.
The Legislative Assembly hastily, as I believe, passed a resolution directing the deputy marshal of the United States to take the funds of the United States appropriated to defray the expenses of the Legislative Assembly from Mr. Harris. This I think was not within their legitimate authority. Mr. Harris made application to the Supreme Court for an injunction to enjoin the deputy marshal from so doing, which was granted. As I understand the law, the Supreme Court has not original jurisdiction, and there-fore it was coram non judice in granting the injunction. It should have been done by the district judge or district court originally, and then, if either party was not satis-fied, the Supreme Court could have taken appellate ju-risdiction.
Again: the organic act fixed the place of the session of the Supreme Court, but did not fix the time of its ses- sion, only it was to be annual, that is, once each year; and yet the court did fix it themselves.
Again: I have seen in the papers complaint that Gov. Young clandestinely called together the Legislative Assem-bly. But this, however, was not the fact. The fuss of Judge Brocchus happened September 7th, at noon. There was no talk about any going away but him until the 10th, at night, when Harris told me; but enjoined secresy on my part. I had received some information from Elder Hyde confidentially, relating to Judge Brocchus, which I thought if I could disclose to Harris and Brandebury it would change their minds. I sought him for leave to dis-close it to them, but he was absent, and therefore I was still bound on both sides by confidential communications until the 13th, I think, when the matters committed to me were disclosed without my interference ; this was Sa-turday or Sunday. Gov. Young tried and did all he could to amicably settle the matter that a man ought to be ask-ed to do. This I know, as I was the instrument through whom he did it. He offered to do more, but I said to him he might do it if he wished, but in my opinion he had done all he ought to do. I think yet that neither honor, nor justice, nor common sense could ask more. This took until toward the latter part of the week, say about the 16th or 18th of the month. Finding all efforts to amicably adjust the matters unavailing, he issued a proclamation on the 18th calling the Assembly together on the 22d, which I think was Monday. All the members of the As-sembly, except I think four, were in this city at the time, and two from San Pete I think were notified by special messenger ; though as to this I am not positive. In view of the suddenness of the difficulty, the convocation of the Assembly appears to me a wise and judicious step in Gov. Young. The Supreme Court sat without giving any no-tice. The injunction was allowed without giving any notice to the adverse party, which is not the practice of the courts. I do not mention these things complainingly, for errors are the common lot of us all. If, however, the Supreme Court, composed of men learned in the law, should commit such errors, they ought not to exact quite so much strictness of others less informed. Judges Bran- debury and Brocchus are better informed in the little practical workings of the law than Gov. Young, but as great general thinkers they cannot touch him with a ten-foot pole. They, however, saw that Gov. Young wielded an influence here that they had not the powers of mind to cope with, and that I thought, and still think, was the great secret of their leaving. Gov. Young holds an influ-ence here that no man from the States can hold, and, in my opinion, it is not only well earned but well placed.
Should you think it necessary for me to call attention to the errors of the Supreme Court in its action as such, be good enough to present the question to the Attorney General, or some other gentleman learned in the laws of the United States; show them the organic act, and ask them if the Supreme Court here has original jurisdiction in cases arising out of the constitution and laws of the United States ? or must that court exercise its jurisdic-tion in such cases by way of writ of error or an appeal that is appellate jurisdiction ? Also ask them if the cir-cuit and district courts of the United States are not pro-hibited from allowing injunctions without first causing notice to be given to the adverse party. Get their opinion, and act on that and not on mine. I have purposely ab-stained -- up to -- judicially to decide.
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