HIGHLY INTERESTING FROM UTAH.
The Mormons Forcing the United States Courts to put their Prisoners Under Martial Law.
CONDUCT OF THE FEDERAL OFFICERS.
Open Insolence of the Mormons Authorities.
Special Correspondence of the N. Y. Times.
GREAT SALT LAKE CITY, U. T., April 9, 1859.
The U. S, District Court at Provo City adjourned on Monday last, the 4th Inst, after a session of near-ly four weeks.
This past session of the Court has been of unusual interest, and has formed one of the most important events in the history of our country.
It is now demonstrated beyond the possibility of doubt or contradiction that the Mormons are deter-mined not to submit to Federal authority, or to any law or government except that of the Church. A. U. S. District Court, the only court of record having crim-inal jurisdiction which the organic act of the territory has provided for, cannot hold a session unless it ac-knowledges and submits to the superior power of the Mormon priesthood, and acts only in obedience to their dictates.
Last fall and winter, a session of the U. S. District Court for the Third Judicial District of the Territory, was held in this city by Judge SINCLAIR, Its Grand Jury was selected impartially, from all classes, with-out regard to their religion or creed, and in fact was constituted of a small majority of Mormons. This majority, however, was sufficient to prevent the finding of a bill of indictment in a clear case of willful murder, and the Court found itself, after a long, pa-tient, and strict effort to administer justice, compelled to adjourn, inconsequence of the refusal of the Legis-lature to acknowledge or accept its authority and func-tions, by a willful failure to provide for its maintenance. Judge SINCLAIR then asserted that every possible ef-fort had been made, without resorting to open vio-lence, to thwart and break up his Court, and that he was fully convinced that it was worse than useless to attempt to hold a term of Court as long as a majority of the people had a fixed purpose of opposing its pro-ceedings.
Judge CRADLEBAUGH, willing and anxious to give the; citizens of the Territory every opportunity to justify, themselves and retrace their rebellious steps, publish-ed a call for a session of the U. S. District Court in his, the Second District, this Spring, The results of his attempt to administer the laws of the land have been made public, and are of incalculable importance, inasmuch as they have given us positive evidence of the direct interference of the Mormon leaders, even with U. S. Courts, and of their determination to keep the law in their own hands.
On Saturday last the examination of witnesses in the case of the murder of the PARISHES and POTTER, held before Judge CRADLEBAUGH, was concluded, and after hearing arguments from counsel on both sides, the Judge fully committed four of the prisoners now in arrest for trial for this crime. Tneir names are; KEARNS, MCDONALD, DURFEE and BARTHOLOMEW. AL-FRED NETHERCOTT, who had also been in arrest, was released, and JOHN DALEY was permitted to give bail in the sum of $1,000 for his appearance when required. Warrants are still in the hands of the Marshal for several other persons who have fled the country.
In summing up the evidence in the case, (a sum-mary of which I sent you by the last mail,) Judge CRADLEBAUGH said:
“Until I commenced the examination of the testi-mony in this case, I always supposed that I lived in a land of civil and religious liberty, in which we were secured by the Constitution of our country the right to remove, at pleasure, from one portion of our do-main to another, and also that we enjoyed the privi-lege of 'worshiping God according to the dictates of our own conscience.' But I regret to say, that the 'evidence in this case clearly proves, that so far as Utah is concerned, I have been mistaken in such sup-position. Men are murdered here—coolly, deliber-atley, premeditatedly murdered. Their murder is deliberated and determined upon by Church council meetings, and that, too, for no other reason than that they had apostatized from your Church, and were striving to leave the Territory.
You are the tools, the dunes, the instruments of a tyrannical Church despotism. The heads of your Church order and direct you. You are taught to obey their orders, and commit these horrid murders, Deprived of your liberty, you have lost your man-hood, and become the willing instruments of bad men.
I say to you, it will be my earnest effort, while with you, to knock-off your ecclesiastical shackles and set you free."
Just at this point in the Judge's remarks, an elderly gray headed man, who was sitting in one of the front seats, and who was apparently engrossed with what was being said, forgetting where he was, sung out in an audible voice, so as to be heard through the dense audience, "AMEN,"
On Monday, Judge CRADLEBAUGH finally adjourned the Court, and made the following entry upon the Record:
"This Court has sought diligently and faithfully to do its duty, to administer the laws of the United States and this Territory. It could not have any other ob-ject. But at every term it has had to encounter diffi-culties and embarrassments. Men high in authority in the Mormon Church, as well as men holding civil authority under the Territorial Government, seem to have conspired to obstruct the course of public jus-tice, and to cripple the earnest efforts of the Court.
The whole community presents a united and or-ganized opposition to the proper administration of justice. Every art and every expedient have been employed to cover up and conceal crimes committed by Mormons. Witnesses have been prevented by threats of violence from obeying the summons of this Court; others that have tesified have been driven to seek safety in the protection of the small detachment of United States troops stationed near here, who, it is proper to say, are here on my requisition, and for whose presence I am responsible. The absolute necessity of having those troops here has been fully demonstrated by all that has transpired during the session of the Court.
To crown all, the Grand Jury, sworn to perform a high public duty, has lent itself as a willing instru-ment to this organized opposition to the laws of the country, and refused to meet its obligations. A most willing inclination has been manifested to prosecute Indians, and other persons, not Mormons, for their offences, while Mormon murderers and thieves are allowed to go unpunished.
This Court determined, as its action manifests, that it will not be used by this community for its protec-tion alone, but that it will do justice to all, or it wilt do nothing. Not being able to do this, the Court will adjourn without day."
Soon after the adjournment of the Court the com-mand, under Major PAUL, consisting of eight compa-nies of Infantry, one of Dragoons, and one section of Artillery, which had been encamped some four miles from the city, marched down through the city, and being joined by the company under Captain HETH, who had charge of the prisoners in confinement, took up their march for Camp Floyd. We never saw a finer military display than this. The troops, dressed in uniform, all marched to the sound of the music with a proud, elastic step, but seldom seen in the ranks of our army. Every man felt that they were marching through a country which has been the scene of the most terrible inflictions of an absolute despot-ism, now held in check by their presence alone.
Before the adjournment of the Court, the counse of the prisoners solicited that they might be confined by some civil authorises instead of by the military. The Marshal, fully satisfied that they cannot be safely confined in any part of the District except Camp Floyd, will have them kept under guard at that place by the troops.
Nothing more has been heard from Governor CUM-MING since he issued his protest. Nor has he taken any further action publicly.
His course is universally condemned here. We know not of a single man outside of the Mormon Church in this Territory, who coincides with him or approves of his position, except Secretary HARTEETT, and, as we are informed, Dr. FORNEY, Superintendant of Indian Affairs. These latter gentlemen have al-ways upheld the Governor in every step which he has taken, and invariably reecho his sentiments.
The conduct of the United States District Attorney for the Territory, ALEX WILSON, Esq,, of Pema, is also universally condemned, more emphatically even than that of Gov. CUMMING. He evidently and un-mistakeably is a supporter of and “sympathizer" of the Mormon priesthood. This cannot be inferred from any of his public acts, unless from the masterly inactivity which he has displayed in all his prosecu-tions of Mormons—but it is most apparent and palpa-ble to all residents here. He does not associate with any "Gentiles" except the Governor and his "clique," except on business. He does not attempt to ferret out any of the terrible crimes which have been committed here, even when his attention has been called to them—and when they are forced upon his notice he has always so conducted the case that it would be impossible for a stranger coming into the court-room to tell from his remarks or conduct whether he was counsel for the prosecution or for the defence. He has in every in-stance done everything in his power to sustain and encourage the Mormons whom it was his duty to pros-ecute for crimes, without actually openly defending them. The impression that he is closely allied to the Mormons by some mysterious tie, is fully confirmed by his conduct at Provo. He was, during the whole session of the Court, constantly in conference with the Mormons, and kept entirely aloof from the "Gen-tiles," except when compelled by business to meet them.
Before the Court, although his attention had been called officially to some eight or ten horrible murders committed in the very valley in which the Court was held, and to almost incredible massacre and butchery of 140 emigrants at Mountain Meadows in 1857-not one of whom was left to tell the—still he endeavored to lay these aside and to cause diffi-culty and delay in the examination of these cases and the apprehension of the criminals by first calling up a number of complaints against Indians, and for lar-cenies and other crimes alleged to have been commited several years ago, to arrest whom would occupy the whole time of the Marshal and his depu-ties for weeks and even months.
When he found that the Judge was determined thoroughly to investigate these cases, in order to pre-vent any lawyer of ability from assisting in the prose-cution, be submitted to the Court in writing the fol-lowing motion, to be entered in the record. Whereas, By the judgment of this Court enfered on the 11th day of March, it was decided that ALEXAN-DER WILSON, the Attorney of the United States for the Territory of Utah, is the person legally entitled to prosecute all persons charged with offences against the laws of the Territory of Utah; therefore; the said Prosecuting Attorney comes and makes the following motion, viz. that no other person or per- sons shall be allowed to assume, or perform any of the functions or outies legally appertaining to the said office of Prosecuting Attorney, unless the same be desired as assistance by the said Prosecuting At-torney and approved of by the Court. (Signed) "ALEXANDER WILSON,
U. S, Attorney for the Territory of Utah, April 2, 1859.
THOMAS S. WILLIAMS Esq, (a gentleman who apos-tatized from the Church soma 3 years ago) being al-ready engaged by Mrs. PARRISH to prosecute the mur-derers of her husband and son, assistted in the prose-cution of this case, and it was mainly through his ex-ertions that much of the testimony was elicited.
In regard to the prosecution by Mr. WILSON of the PARRISH murder case, before the Judge sitting as a Committing Magistrate, the following remarks of the Deseret News, BRIGHAM YOUNG’S own paper, will fur-nish the best commentary. The News first speaks of Mr. WILLIAMS’ speech on the part of the prosecution as follows: "Mr. WILLIAMS delivered an inflammatory sp-eech of nearly an hour's duration. It was a most singular admixture of chaotic matter in the shape of sympathy, declamation, end wholesale charges against the ecclesiastical authorities In the Territory; and finally, it contained many assertions, but no argu-ments."
In regard to Mr. Wilson's speech at the same time, it says: "Mr. WILSON concluded the argument for the prosecution in his usual gentlemanly, yet firm and respectful manner. He recapitulated the princi-pal items of evidence that had been brought out, and in a masterly style selected the conclusive and posi-tive testimony from the vast amount of extraneous matter which was before the court."
When it is known that the same paper which thus compliments an attorney who is prosecuting, we might say, the editor himself (for BRIGHAM is in fact the editor,) indulges in abuse of the Judge for the course which he has pursued in the same matter, it demonstrates at least, that the District Attorney and Judge are not on "the same side of the fence."
Judge CRADLEBAUGH, after resting a short time from his fatiguing labors at Provo, will resume his exami-nation into the cases which have been brought to his notice.
On Monday last we were surprised, early in the morning, to find the streets filled with men walking about as if something more than common was going on, Upon inquiring the cause, we were informed that it was the day for holding an election for the of-ficers of the city. No notice of this election was published in the papers, but the people were in-formed in the Church meeting, the Eight previous, that they must vote, and were also told who must be elected. The consequence was that, as usual in this Territory, the vote was unanimous, and BRIGHAM’S ap-pointee, A. O. SMOOT was reelected Mayor. Beyond the unusual stir of people early in the morning, which lasted but for a short time, no one would have suspected for a moment that it was an election day—not the least noise, or cry, or excitement. Boys and young men here know nothing of election day, and three-quarters of the old men would not know of it if they were not told to go and vote by the Bishops and Elders who take the matter in hand.
On Wednesday the Spring Conference of the Church met in the Tabernacle in this city, and pub-lic meetings were held twice a day on both Wednes-day and Thursday, On Wednesday, HBBSR C. KIM-BALL addressed the people in public for the first time since the entrance of the troops into the valley. On Thursday morning, the farce of electing Presi-dents and Apostles of the Church was gone through with, and BRIGHAM was by unanimous vote re-elected President of the Church of Jesus Christ of Latter Day Saints.
In the after noon BRIGHAM himself preached. This was the first time he has made his appearance in pub-lic since the conference with the Peace Commis-sioners, except when compelled to attend upon the United States Court as a witness. He addressed the people briefly upon the necessity of their mental and moral improvement, and also upon their duties in life. He did not allude to the “Gentiles" in any man-ner. He kept his hat on his head during the de-livery of his sermon.
Much business of importance has been transacted by the Church at this Conference, but we cannot learn its import until it is made public through the columns of the Church organ.
During the past week two small mule-trains of goods arrived here from Los Angeles. One of these belonged to Mr. WM. SLOAN, the other to Messrs. RADFOBD, CABOT & Co., merchants, in this city. We have not learned the names of those who had charge of the train of Messrs. R., C, & Co. Mr. SWAN came through with his train.
We received by last week's mail the news of the adjournment of Congress and of the death of Post-master-General BROWN.
We might fill much space in your valuable columns with the expression of our disgust at the proceedings of this last session of Congress, and of its entire neg-lect to legislate upon the most vital questions of the day. But abler pens than mine have undoubtedly uttered the sentiments of the people at large of your beautiful State, which surely cannot be more severe toward the different political clans whose bitter strife has prevented the accomplishment of any business in the halls of Congress, than those of many of us here.
The Mormon question, which is growing daily in importance, and bids fair to become a most serious stumbling-block in the path of rapid advancement and progress so long and steadily pursued by our country, was scarcely alluded to. A united and con-federated band of determined rebels, numbering some 40 000 souls, firmly planted in the very centre of our continent, on the direct line of communication between the two oceans, engaged in and publicly boasting of their indulgence in the practice of the most abhorrent crimes against every law of Gad and man, and now bidding defiance to and thro wing the gauntlet in the face of our Government, are allowed to pass unnoticed and unchecked, a loathsome ulcer upon the main artery of cur national organization.
The Mormons are just as much in rebellion now, as they ever were; although the presence of the army prevents them from driving out the Federal officers by force, they adopt other and equally efficacious modes of rendering their presence here worse than useless. They abuse and villify them as openly as ever. It is not men whom they thus slander and abuse—it is the offices which the men hold, and the power which appointed them, which they spurn and deride, under the cloak of personal abuse.
The failure to pass the Post-office Appropriation-bill, shows how much interest is felt by the present majority of the States of the Union in the welfare and prosperity of the great West, and how well dis- posed they are to encourage the hardy men of the West in their honest labors and trials in advancing the interests of civilization, and the prosperity of the nation.
The West is now in its infancy. It will yet become a strong man, and will then disdain to petition even for a favor. It will demand and take rights, without the necessity of kneeling to the residents on the At-lantic coast as an humble suppliant.
We know not the full bearing which this failure of the Post-office bill will have upon our Overland route, but wait with anxiety to hear something definite in regard to it.
The mails continue to arrive with the greatest reg-ularity. The last mail from California arrived three days ahead of time, and the last mail from the Coast forty- eight hours ahead of time.
Winter still holds on. Although we have had a few mild, Spring days, we still have snow-storms almost daily. ____ A. B. C.
Click tabs to swap between content that is broken into logical sections.