The New York Herald Newspaper, April 30, 1859, Page 2

2 eee ee aS THE NEWS FROM UTAH. GREAT EXCITEMENT AMONG THE MORMONS The Protests of the Mayor, City Council and Citizens of Provo Against the Pro- ceedings of Judge Cradlebaugh. THE JUDGE’S REPLY. Memoria) and Petition to Governor Cumming and His Proclamation. JUDGE CRADLEBAUGH’S REMARKS. Condlict of Authority Between Governor | Cumming and Gen. Johnston. | BOTH SIDES OF THE NEWS, | ao, xo. &, "Me advices and papers from Utah, up to April 2, re- eeived dy last mail, presenta full bistory of the stirring | timesto which we could only briefly refer yesterday. ‘We have no less than ‘two extras” in one week, which is ef itself no bad indication of the state of excitement, and false the disposition on the part of the Mermons to lay matters and events before the “rest of mankind.’? From s@e documents and correspondence which we publieb this | morning, our readers will conclude—bowever flattoringly {oe Mormons may bave Inid the unction to their souls of peaceful times, sitting under vines aud fig trees, nono daring to make them afraid, &c., in yonder “valleys of &e movntains”’—that yery important changes have yet @o transpire before their millenaium has many practical advaniages for them over those enjoyod by tho be- sighted in other communities, The present difficulties appear to have taken the in- Rabitants generally by surprise, but the chief men of the ‘Territory have evidently been looking out for squalls, and vogard the present course of Judgo Cradiebangh as only part of a concocted scheme for the retention of the army tm Utah, and likewite to lead to eomething that may far- | nish some professional occupation for ib while there. The rect cause of the present excitement is the attempt on | fhe part of Judge Cradlebaugh to investigate the charges of past years against the Mormons, to accomplish which he has suddenly opened court at Provo, in March, instead ef at Filmore, in September. Claiming that, as there was 0 jail for prisoners, he required a company of one hundred soldiers to guard them, Gen. Jobnston sent that number, apd subsequently, as excitement increased, nine hundred | more. On this Governor Cumming demands their with drawal, which General Johnston refusos, and conso- qmensly a0 open rupture between the two chiefs ensued. From papers and correspondence wo draw the conclusion that the Governor is backed by the Prosecuting Attorney and Superintendent of Indian Afairs.on the side of peace, | while Genera! Jobnaton lends military assistance to Judges Gradlebaugh and Sinclair on the side of war against the Mormons. The private Mormen correspondence received fe this city ects forth that the Mormons, though naturally euough excited, regard the present ‘difficulty” as one bo ween the officers of the government, The Governor being in favor of peace, and thet in their interest, they | take sides with him, and indicete that all throats agaiazt his Exeellency cannot be carried into execution while they | ave witb him. OUR UTAH CORRESPONDENCE. Great Satr Lakes Crry, March 30, 1859. Judge Cradlebaugh and the Court—The Troops al tre Court Howse—Witnesses Decamping for the Mountains—The Troops in Purzvit— General News, dc. Daring last fall three Indiana—Mose, Lookingglass and mother eonfederste—committed a most brutal rape oa two white femaics, a mother and ber danghter, the latter gbout ten years old. The little girl was cut with a knife, ts consequence of which her life for a long time was des- paired of Tho two princinala in thia outeags ware ar. vested, and held for trial in the first court haying federal | yariediction in the district. On the opening of the coart at Provo by Judge Cradlebaugh, United States business taking precedence of Territorial, for the first six days, these two Indians were indicted by the Grand Jury, also a man Dy the name of Cazier, (a Mormon,) charged with aiding deserters from the army. At this stage of proceedings ‘the Judge instructed the Grand Jury to commence on Ter- witoria) business; they then went into the consideration of effences against the Territory, and as there bad been no gourt in the district for upwards of three years, andas the district includes within its limits a Territory twice as Barge as the State of New York, with a scattered popula: tion of some 40,000 inhabitants, considerable time was mecessary io enable the Grand Jury to perform its dutiss and to get requisite testimony before it, relating to various criminals acts, which bad occured during the Isat three years. ‘The Judge called the Grand Jury into court, and de- ‘manded of them if they had anything to present. He was told by the foreman that in the course of an hour or two the had no doubt that several preseutmente would be mate ‘wpon a subject of much importance, which had been be- fore the Jury for several days; upon which the Judge, in gmangry tone, dismissed the Jury from further service, ‘secused them of refusing to punish crime, and, by way of vetaliation, told them he would turn Mose and Look , the savages in custody, loose upon them, with. oat trial, which was accordingly done. The Grand ary bad been deiayed in its investizatious by the arrest of ‘somie of its witnesses by virtue of bench warrants iseucd Wp | the Judge without the knowledge ot the Prosecatiog At toruey, who, as directed by the Jadge, had examined ail the witnesees persona'ly that had appeared before the Grand Jury during its sitting, and would ksow better than any oiher man on whom ‘suspicion should reat. It goems ibe Judge had determined hold nobody jo cas. tedy but Mormons, several of whom were arreated, with- ‘out the shadow of a suspicion of their Doing guilty of any crime; and instead of being put in custody of the proper Officer of the law, they were marched into the centre of @ military encampment, and there guarded by soldiers, wad compelled to furnish their own blankets and provi- sions. Mr. Dailey has been detain week, with no evidence againet him, only that he was a teacher in the Dharch, and had been at the bouse of an apostate and eked the usual question, “if he prayed in his family,” and upon being avswered negatively, be told him it would Be a good thing for him to do 80. While thia examination fs proceeding the court house is nearly filled with soldiers, nd the building sarrounded by them. In addition wo ‘hig, one thousand solajers are ad on the bluff over- Jeoking the town, and one and a half miles from the court house, with s battery of artillery ao arranged aa to be able to rake State street at pleasure, the principal street of Provo, and all this in atime of perfect peace, not an of- fiver having been resisted or intimidated or threatened in the district; no posse comitatus having been called for. The sheriff and other civil officers are superseded by bayonets, artillery and dri The ( 4 i i FS i E F & discharge was doubtless a design on the part of the Judge, ‘nd other parties interested in keeping the army here, to aise an excuse that Utuh juries would not indict Mor. The citizens of Provo feel deeply the indignities heaped mpon them, but the civil authorities have been able to i collaion aa Lprovervs peace, aud no paing have spar y cal authorities to continue peaceful relations. ‘The result of the military dieplay around the court and | arrest of witnesses who are subpanaed is much that when a man is requirea w attend court he Sauponee that he will be marched into the military lines ‘there detained and t avoid itis he flees to the moun. teins to get out of way of the Judge, who is holding im the character of @ committing magistrate; he ly spent more Ume in this way than the Grand business, and has as yet com. Several teamsters, with fl ag i 2. & H H To every address to the juries he has mate an attack © the religion of the Mormons. and it 2 whether hie monomania ig not the w ee enthusiagm , !t does not seem possible that & Judge entirely sane would turn such desperadoes as ‘Mose and Lookingglass loove to prey upon the commu. ', were pod ‘the case, Wlect of this mittary mn ext ene that Ras Caused hunt ther al a Matter has been brought to pase wits: ied ae Ay I, Maou his knowledge Angry feelitge exist in the breasts of um f the off ers abd of th army, who barn for ri on the b 4 thetr tetention in the mountains in the wintor Of Witter continue; not a forrow has been and very little in Uvah count, south % Filimore ‘tha road haa been ob- snow; ther has been very little passing for Aistaict incindes the countice of lard, Beaver, Jual, Sanpete, Utah about ie third of the inhabitants Tt extends from the main divide of the Jom. 118, being about 690 miles in 37 to 41.30, alles of M9 worth Jing of who dintriot, s } meet with is uncertain. | swell im power, regain Missouri, aod rule Ameri | trough the land NEW YORK HERALD, SATURDAY, APRIL 30, 1859—TRIPLE SHEET. ‘ard 120 maftes from Fillmore, the place appoint + for holding the Court. Persous are liable tw be sul a 400 miles to attend this court. ‘The principal crimes oot. ed of by the Judge ovcurred moro than 300 miles ‘nts; it is, therefore, plain thst the Judge could have no other object in summarily discharging the Grand Jury than that of placing the people in an unfavorable light be- fore the government. ‘Avnit1, 1859. ‘The reign of terror still continues in the Second district, although not the least resistance has been shown in any quarter to the will of the Judge or any of his officers. De- ments of United States troops are charging vanes b+ country in pursuit of prisoners and witnesses. On morning of the 29th adetachment of about 100 dragoons iafested the town of Springville, arousing the people from their beda, and searching their houses. But few men wero found at home, and none that they wanted, The house of ‘Aaron Jobngon was surrounded and thoroughly searched, and found to contain an old woman and twenty-three chil- dren. They demanded of the old woman where Mr. John- fon was; she replied that she ‘did not know. The officers inquired in an angry tone, “What the h—I, then, do you know? She replied, “1 know that I bave to got breakfast for there children, and then go to ploughing?” Marabal Dotson remarked ‘on his return to Provo, that there must de an air line telegraph to Sprivgyille, as he would be d~—d if any man knew that he was going to search that town, and yet there was not 2 mau to be found, and even Johnson's wives wore missing. Dotach- ments of this kind have been sent in various direc- Lions, charged with authority to arrest prisoners aud com- pel witnegses to attend court, but what success they will T haye no doubt but that tho Sheriffs or Marzhals could have made all arrests and se- cured the attendance of all witnesses withoat any difit- culty, had not the military power superseded the ’ Under present circumstances, if the Judge conticucs his hoetile movements towards the citizens, hundreds and perhaps thousands of them will flee to the mountains; ibe women will bRve to till the flelds, while the mon are thus compelled to conceal themselves, or & general fa- mine be the result, thereby laying a foundation to make en desperate. Tats Goverdor Comming is taking a manly course, in which T understand be }s sustained by Sr. Wilson, Uuiied States Attorney ; but the enemies of iis Excellency threaten to put him in irons, But the Governor bas a fow thousand friends in thig country who would dislike to see the vene- rable old hero in trons. ‘The couree now pursued by the Judge is to hold Coart in Chamberg, into which are summoned those who are digs dected or Known to be spostates. The question gene- rally asked them is—{f they know that any of the Charch authorities have committed any misdemeanors? If thoy say they do not know, they are asked—If they kaow of apy person that would be likely to know of anything of the kind? If they say they do, their names are taxen and subpoenas igeeued, and thus the military inquisition pro ceeds. Nearly 28 much time bas been consumed by the Judge in this way as was occupied by the Grand Jury on United States and Territorial business, and he hag committed no vera! of the witnesses that he has had arrested fined in the prison tent he acknowledges there is no testimony against. On Sunday night some rowdies, supposed to be from Camp Floyd, got an Indian drunk, and induced him to throw stones atthe guard guarding some United States mules near the court houge, upon which orders were given that ifa gun was fired ab the guard tho prisoners shonld be maassacred. The police have been enabled by strenuous efforts to protect the detachment from the first. ‘hie hag been the only incident that has escaped their notice. Judge Cradlebaugh remarked a few days ago, in the barroom of bis hotel at Provo, that if he could get auy Mormon convicted, he would have him executed so q that there would not be time to get the nows tothe Gove nor and baye a parden obtained. a Great Sant Lage Crry, April 2, 1859, Squally Weather and Rough Times Brewing—Action of Judge Credlebaugh— Generzt Johnston and the Marshal's Cfiicers— Geverner Owmming and the Mormons in Opposi- tion—Serenade of the Governor by Brigham’s Peoplo— Party Divisions in the Territory— Foreign Gatherings and Foreign Oaths—Martial Law Called Kur—Robiveries from Government—Emigration of Saints, de., Be. Amidst equally weather and equally times do we now write you. Our weather storms aro all brewed in the North, and our civil storms all originate in the South; yet they are alike continuous, and ominous of i; for our weather storms forebode short crops and death to atock, and our civil etorms threaten another rebellion and Mor- mon farce, unless Uncle Sam or his Executive has ioat bis gulibility. Provo is still the point towards which ail eyes and ears are turned. Judge Cradlebangh’s discharge of the Grand Jury is a yery withering rebuke upon their inactivity and failure to diecbarge their duties fearless of consequences and their superiors. The Judge is prosecuting his investi- gations, ag a committing magistrate, with aff intrepidity, indefatigatility, and against greater outelde opposition and obstacles than has ever been known in the course of the United States Judiciary. General Jolnston seoms willing to aid him, by providing quarters and guards, d la militatre, for the prisoners. The United States Marshal, | P. K. Dotson, and bie deputies, ave active and vigilant in the discharge of their duties; and all lovers of «law and order,” security of life and property, anda proper puaish- ment of criminals of whatever sect or people, heartily co- operate and sympathice with the Judge in promoting the ends of justice, while, strange to say, yet not passing strange to those initiated, in the face of al) these efforts— n defanee of law—in the very teeth of the United States government—in detriment to the efficieney of the Judi- ciary—in contempt of the President's pardon for past treasoue—in support of counselled outrages and connivance at crime, Governor Cumming, the Mormon jeadera and their eatellites condemn Judge Cradiobangh and his oom- peers in their dispensation of justice : the former, in a prociaroation protesting against the course pursued by the Judge aud the General of the army ; the latter, in a me- morial cajoling, flattering and praying his Excellency, and claiming the President’s pardon as a shield for ail their crimes, and crying out for a removal of the troops quar- tered at Provo, fearing, as wey. allege, arevolt of the loyal citizene—a copy of all which documents, in an issue of the Deseret Vews, as aleo a true statement of aifairs in the Vailey Jan, Isend you in company with this. ‘The evening following the posting of the proclamation bis Excellency was grandly serenaded by the Mormoa ‘praes band, an evidence, f suppose, of their appreciation of hia favor and saintly propensities. so, you see, the Dutch have taken Holland, and the rupture between the Governor and Genera! Johnston, which we predicted, has taken place. The two parties, which have never commingled, are now at swords points, Gentiles who came here uupreju- diced and dispored 10 sympathize with the Mormons in their ery of religious persecation, have had their eyes opened to the iniquities of this people. Murders and rob. beries committed ever siace the settlement of this valiey, with all their attendant horrors, have been coustantly coming to light since the presence of the army. Tne boasted Mormon loguity to the United States has shown itself a farce. Their rigid righteousness has turned out aboax, Their cry of good American citizens has proved a prostitation of the patronym, and their boasted superi- ority and independence of the United States government, wiih their taunts and derigioos of the same, have called forth disgust, whilst their avowed and dieplayed opposi- tion to the administration of justice by the United States courts hes exhausted the last grain of forbearance hotd by the Gentile portion of the population, and, Jonathan ike, they, toa man, stand ready to vindicate the dignity and authority of thelr government, if needs be, by giving the traitors a sound drubbing. ‘They call themselves American citizens, whilst one baif of them aro foreigners, without having even declared their intentiong of becoming nataralized, let alone be ing their papers. Aad many, upon application for the sime, to the tat Provo, positively swore that they had never raised arms against the United States goverament, and that they were never enrolled for the late war against the same, whilst the examining officer held within bis hance rofis with their names attached. What retiance can be placed upon such citizens? Verily, none. Thess notorious {acta show an allegiance to their leaders etroag- er than they can ever have to the United States govern- ment. Yet, with all these facts staring them in tho face, their editore, hers and writers proclaim that they are persecuted, that the Judiciary ig prejudiced, and the United States officials misrepresent them and their work- ings, while the truth ig, that Americans conceive not their infideaiey, and America paps a borde of traitors. Her courts of justice are of no avail in Utah. With Mormon ju- ries Mormon crimes go unpunished, even unindicted. In sbort, ovr people and rulers must soon awake ty the evils of this peopic and prone them severely, else the dogmas of their fanatical priesthood wll gather in numbers aod power till their blig! influence will shake the very foundations of our republic, and we be subjected wa baser ecclesiastical dominion than sik Spain to her present Jow condition. Indeed, it is their vaunt that Mormonism sball ny the world. All true followers believe it, aud maay of the leaders are working every straiagem for it. Their whole legislation, as Jodge Cradiebangh aptty remarks in his charge, has been to frustrate the power of our government over them; and we look upon martial iaw as the only ready epeedy and efficient remedy now at band. Were 1 proclaimed throughout the Territory it would mst surely reak up thelr orgapization bere, as they all nay they would not live onder it. Thus, with the power at hand, might we new rid ourselves of an ovil wuich, if tet run rict aa it has done, will become one of our greatest troubles and obstacles toa powerful and pros peroug pation. Our latest advices from Provo state that a few nights since the military guard at that place was stoned by the loyal citizene, and upon ri the same to those in command, the guard were ordered to fire npou a repetition of arsanlts, We also have a report that the Court has finally adjourned, but since bave heard it contradicted, wod that the sheriit of Cedar County bas been arrested as an accomplice in the Parieh murder. We upderstand that during the winter aboct 300 mules have been stolen from the government herdz, a part of which have been recovered, Quite a large emigration of the Saints from the So ith has been passing through the city for some days bwk, bound for 4 new settlement forming in Weber county The Eastern mails are stili behind hand, OUR MORMON CORRESPONDENCE. Gumar Sart Lane Crrv, April 2, 1859, The Mormens Have been Praparing for the Dificuly—The Court Denounced as an Inquisitin—Spring Sowing Stopped, ond Farmers Fleeing, &2. The old system was revived in Provo of subpmnaing | witnesses, and when thus drawn into court, unauspocting|y arresting them. They were then at once, unsworn and unexaminod, torned over to the calaboose of minnies and bayonets, The Grand Jury indicted the two Indians, More and Looking gies, for aesanit and rape, They were ot Mormoue, however, wud, in the pirtking language of | coufnement for them, ited bene} his Honor, the savages were turned loose upon us. The calaboose walls were extended on the 224 by the addition of about eight hundred moro soldiers, of all arms, infan- try, cragoons and artillery men, and two sections of their light battery. * ° * ‘ ‘We have been watching for an extension of the judicial tyranny to quarters where it cannot be practised without plood, and have been preparing ourselves for the worst. It is the right, my friend, of every American citizen to revolt inst ajl tyranny, and resist every infringoment Of bis censtitutional rights. Every poor apology thst could have been made for an attack upoa the citizens of Utah ad slready vanished. ‘The last charge upon of Utah was exploded in the acquittal this dog paws up the rottenness of long gone slanders, engages in his suite all the of the army camp, and franes materials for a A question is not a libel, is it? May it not bo pos- gible thero is a price to judicial influence and power away here in the wilds of Utab? And not that price be within the compass of sutlers’ and contractors’ means? Cradlebaugh has transformed himself into a committing magistrate, has formed a Star Chamber Court, composed of bimeelf, Sinclair, Dr. H., a litsle pettifogger, the Mar- shal, &c., and thence iesues writs ad libitum. No mad considers bimeelf safe, for @ of the most inoffensive and harmless men you ever ¢aw have been arrested, and are now prisoners, enduring the ribald ingults of a mili. tary guard. Our epring sowing has been stopped, and for peace take ovr farmers ate seeking themselves hiding places from that damnable inquisition, OUR PROVO CORRESPONDENCE. Provo Crry, March 22, 1859. the Mormons Greatly Excited—Apprehensive of Dangers yet Hopeful. The reign of judicial terror that has borne rule for the last fifteen days in Utah county, if continued iiftesa more days, will fitl ull the hiding places west of the Wassatch Range with prominent citizens, ag they feol that justice is only found beyond the pale of the Court, while mercy is neither sought nor expected from those who shield its form behind federal steel. Treachery is beginning to break out in the face of her innocent victims, while volumes of writs are being issued in the “Star Chamber’, for those who have been called to testitY before the single. eyed Jefiries of the meuntains; and suspected of perjury, the result will bo ag dieastrous to the citizens az an Indian war, previded the cauge is not removed and the pauic shall continue a few more days. Past acts that were buried, and by the virtuo of Mr. Buchanan’s prociamution should’haye passed into oblivion, are recailed; and for every word, act or deed, in the pulpit or stand, men are called to give account before the present committing roagistrate of the United States District Court, ‘The ent is beyond our mortal ken, Peace to Israel, wa hope and pray, may specdy bo her lot, ag it ig our prayer. Yester- day the Grand Jury was discharged, with «reprimand, when they reported that they wore on the eve of pro- ducing presentinents. The trial of John Cazier then went off, and he was proved innocent by the « idence for the prosecution and acquitted, whereupon, ii many thanks for past good conduct, they wore likewise dis- charged, and the Court reaclved itself into that of com- withing Magistrate. Men are: gubpenaed as witnesses, and then arrested and committed to the kind care of a military lock up. This gives alarm to all those who have suspicion that envy or malice wishes them any harm, and, to cecape martial itmolation and amock trial, th anish. ‘This ig disturbing the equilibrium of the inhabit lkely seriously to interfere with agricultaral parsuits. What object the Court can have for one thousand troops iB a question the zens frequently propound, and, re- membering Carthare, they inadvertently say ‘ Beware.” These are the sentiments of the community as far as I can learn. There are no symptoins of a hostile demon- stration bythe people that we are aware of. We have hitherto uged, and are intending to use, what influence we canto keep the people calm, and particularly onr- selyes; and let the law, the Court and the troops take their course, relying upon the rectitude of our cagze and that source which never fails for the result. yvernor Cumming will leave for the city to-morrow. We are bungry for Eastern news, OUR ARMY AMONG THE MORMONS. LETTER FROM ONE OF OUR TROOPS IN UTAtT. Cepar Varrey, Camp Fiov,U.T., Company F, Testu IvvAnrey, March ‘14, 1839. j ‘The Paseage of Devil's. Gate— Description of the Scenery — How the Army are Employed in Camp—Rebellion Still in the Hearts of the Mormon Leaders—Deseription of the Appearance of the Camp and Review of the Troops—No-| Pay for the Mn—Rum Warranted to Kill at One Thou- sand Yords—The Fancy and the Gambling Hells—Thea- tricals and Music of First Rate Quality—Dijjiculty of Get- ting Wood for Fire—Ourious Aceount of the Way it ts Conveyed, de. ‘We left Governor’a Island on the 28th May, 1858, for Fort Leavenworth, our company congisting of 600 re- cruits, intended mostly for the Tenth regiment of rifles, ‘On our arrival at the passage known by the sulphurous name of “Devil's Gate,” we stopped to reconnoitre, This paseage ie barely wide enough for a wagon, being occu- pied partly by a stream of water, Finding our road clear we pushed forward into Echo canon. The entrance to {bis canon Tike most subsume and bosutiful {have ever gazed upon; huge mountains rising almost porpendicuiar hundreda of feet above your head, with the glimpse of an occasional deserted breastwork thrown up by the Mormons to intercept our further progress. This pase is very long and narrow, and should the Mormons have had spunk enough to carry out their original designs, they would baye made this pass for us, like Jordan, ‘a hard road to travel.” Everything had been deserted, however, before the arrival of the troops in advance of us, and we bad nothing to retard the far- ther progress of our arrival here, We got to this camp just 4s the troops sent in advance were commencing to build winter quartere, Oar ae very picturesquely situated, being surrounded on all sides by mountains, the distance to the foot of the frat being about five miles. We havo a pring of pure freah water in the midst of us, which far- nishes us with a bountiful supply. The treops encamped here now consist of two regiments of dragoons, com- pany C, light artillery; Fifth aud Seventh regiments, in- fantry, and Tenth regiment, infantry rifles. We arc do- tailed In companies and detachments to go out in the different valleys around to protect our mules and cattle from the depredations of the Indians, every company and detachment taking their turn according tothe rester. This is the principal part of the labor we have to perform. When going out on these expeditions we take tents with us, cloar away the snow, which is generaliy about two feet deep on the mountain, pitch our tents, and, with an ample supply of buffalo robes, make ourselves as comfortable ag the exigencies of the cage will admit. We were entertaining strong hopes of being recalled this spring; bus the prospect now is chat we will have to remain avcther year, as the epirit of vion In the breasts of the Mormon leaders oniy tuys dormant, waitiog the opportun!ty when the United States troops take thair departure of king Outafresh. With all their outside pretensions to submission of Uncle Sam's laws, the n them still. p has the appearance of a small city; the houses are built of adobe, which our soldiers, like erytbing elge, bave nicknamed “ doboys,’ about the size of two ordinary bricks in the States, one story high and very comfortable. General Jobuston reviews the troops every Sunday, On the last review we had a jolly time, for it snowed and blew a regular hurricane, but we had to stand it notwith- standing—no going between decks here, or crawling under a boom cover, ason board of aman of war. Verily, this kind of eoldiering don’t exactly suit me. We have not reveiyed any pay for six months, on ac- count of the Paymaster not being able to get aay money over the mountains before winter set in, he has, however, gone to California,amd is expected back in June next. with funds. Money being scarce, the vices attendant on camp life are greatly alleviated, as the soldier hag nothing to gamble with or get drunk on, save the nominal allow- ance of whiskey derived {rom the sutler’s store. There is a village a short distance from bere wbere cin be got plenty of valantan,” the worst quality of ram, war- ranted to kill 1,000 yarde, the distaace our rifles shoot. We have algo a few of the fancy out here, and as a matter of course any quantity of gaming hells, where the poor toldier is taken in and fleeced out of bia hard earnings; but owing to the scarcity of money these representatives of Hoyle are not reaping a very rich harvest at present. There is ifkewise @ small eprivkiing of the fair sex who fail ander the euphonious names of ‘“ Gentle Annie,” “Doby Mary,” Pretty Polly,” &e. We bay amusement; a theatre has been erected by which ia amply gee with scenory, decorations, &., painted by & score of artists from tho different regiments, and three regimental bands comprise the orchestra. Every company almost is able to furnish a‘ star,” forming en array of talent that would set to blush some of your Eastern theatres. We had a circus anda band of io- pian Serenaders from Great Salt Lake City, but the cold weather evtting in compeiled them vo pull up stakes aud camp is situated about forty-five miles from Great Sait Take City, h @ stage running every other day when the roads are paseabie. Lehigh City Leeper gna 4 miles from us, and Provo City thirty eight miles, A arrives i= cap every Sunday evening, when the moun- tan paenesare not closed up. Ip the summer jetters are one moot coming from the States, but this winter they have been very irreguiar. Ovr mode of procuring wood ia rather novel, the nosr- eat being on the mountains, five or six miles distant. It | 18 frst cut amd slid down to the base of the mountain, when it is loaded on siedges, and twenty or thirty men haul it into camp. It reminds one of half « dozon fire engines running t0 4 fire, w hear the soldiers yelling and hooting as they break through the snow at & two forty rate of speed: Thia in done by fatigue parties, three or four times each week, the whole belog taken in by Ube Quartermasters, who distribute it out to the di a companies. ‘The wood, being principally cedar and pine, does not last long, and we are compelled sometimes, after drawing our allowance, if the weather ia very cold, to go tothe movntaina on our own hook, and got & sulll- cient supply to keep from freezing, THE TROOPS AT PROVO, The inhabitants of Provo,on the 10th of March, peti- “ Uioned the Mayor and City Council to cause the troops to be removed. To their petition Judge Cradiebaugh replied as followni— Provo, March 12, 1869, To 1H HONORANLE THE MayOR AND Crry Councit or Provo: Graviemen—Your letter of the 11th inst. has just been received, In reply to it L take occasion to say that the movement Y 4 company of infantry to this city ant their temporary lecation here was well consilered before U was de- termined upon, Tt was & matter of necessity, There were a number of prisoners to be tried before my Cou the Territory nor the ~~ afforded a jail or other place of 0 aLDer of proyieon baa been made for their or sustenance, neither by tho Ter. | ritory por your city. ‘To secure these and to ma'niaio them are duties tha} 1 owe to my oflice and to them, 1 Stcve aepled is eety seein Malt uae of secompliah! those objects. Tho military com , kindly furnis! by the commanding General, bah ature aod support these ere, That this small near the court house, or the building ueed as such, is not only a matter of convenience, but of necessity to the Court. ‘This 1 will say, however, that so soon as I can dispense big pnt er fy co agen il I sball do £0, ‘ou spe: 1c ing citizens of this city, and intimidation ing businers with the Distriet Court, hen, where, or in what manner these soldiers have annoyed or interfered with the citizens of Provo, I chal- Jenge you to show. A more quiet, orderly set of men I never gaw; they have deported themselves with a pro- priety and decorum truly remarkable. As to your remark about intimidation, allow me to {hat good American citizens have 1o cause to fear Ameri- can troops. JOHN CRADLEBAUGH, REJOINDER OF THE CITY OOUNCIL TO JUSTICE CRADLEBAUGH. Provo, March 15, 1859. ‘To the Hon. Jonn CRavixBaven, Associate Justice of tho Supreme Court, and ex-officio Judge of the Second Judi- cial District for the Territory of Utah, Your letter of tho 12th inst. is now before us, in reply to the request of the Mayor and City Council of this city, in regard to the removal of the detachment of the United States troops that at your request are now quartered in Your duty js to find bills when there is suill- cient testimony to satiafy you of tbe probability of the party’s guilt, " The Court bas been patient with you, it has ir cos time; it has Cerairapeg ee pene, fans) ae aD ve atn| jo your duty, Goat has no dake watt do te duty—to offen- ders and enforce the law; it cam have no other purpose or to accompligh such bat pos position pergons hold, either civil or ecclesiastical, if they are guilty of crime, it will use its authority to bring: the offenders to justice. By legislation we have no jails, no means to support prisoners, no moans of Poy ing witnesses or jurore, or other officers of this Court. It would scom that the whole of the legislation of this Territory was to prevent the due administration of justice. I was these congiderstions that induced the Court to desire you to expedite the duties devolved upon you. io 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 gervice would be wrong—the public interest would neither be promoted or benefited by it. You are there- fore discharged from furtber service. The Court will think this city, and are occupying @ part of the buliding used for a court house. You ebserve that the matter of the troops being brought to this city was duly considered before it was dotermined upon, and that it was a matter of necessity to have them im attendance for the purpose of securing prisoners; that necessity, wo Understand, consigted in guarding five pri- sovere, two of whom, we learn, have been diecbarged. Either the Sheriff or municipal authorities were and are prepared to secure anit eufe!y protect any number of pri- soners that thers was any probability of being held in custody by your court, ‘You speak of our not having any place of contiaement; this, we assure you, is # mistake; we have a place pre- pared for that purpore. And should the county or terri- torial officers arrest prisoners, the ofiicers of tho city or county will abundantly provide for their security, wants and necessities. There is, therefore, no necessity of the United States troops being stationed in and around the court house. Had your Honor conferred for one moment with the authorities of the county or city, In regard to the care of prisoners, you would not bave esked the commanding General for a detachment of troops for that purpose. Whatever may baye been the object clothing the Court with a military escort, it has the most dangerous tendency; it vsurps the functions of civil officers, per- forme the duties the law never designed for the army, and renders null and void the civil offices that have been ap- pointed by law; it preeente the judiciary to the people in the light ot a military’ inquisition, Tho lives and liberties of al] persons accused are jeopardized by the examunation of witnesses and action of jurors under the ipfluence of a military intimidation and espionage. It 1s causing the city unnecessary expense. We have been under the necessity of doubling the police force and ex. erting ourselves to prevent indignant citizens from doing violence to the soldiers; and this has cost ue three times ag much ag it would to have gaarded ail the prisoners, aside from tbe unavoidable injury of detaining agricul. ‘urists from their pursuits at a season when preparations for eeeding are of the utmost importance. But these are minor eonsiderations, compared with the establishment of a military judicial administration, hitherto unknown in the annals of freedom. Should such an order of things continue, we have reason to fear that the time is not far distant when witnesges will be sworn at the point of the bayonet, and the law executed by the sword. i Perhaps 8 our Honor ig not aware that thoge quiet orderly soldiers, of whom you speak, have been troublesome to the citizens of this city, and that several unpleasant cir- —— have already occurred, between the citizens and soldiers, Is your Honor aware that several soldiers have been arrested drunk In the streets, and the police not wishing to bring a stain ppon your Honor’s escort by putting them in jail, bave quictly taken them to their quarters, and de- livered them to their officers? We would algo call your Honor’s attention to a circumstance that took place oa the evening of the 11th inst., when, had it not been for the in- terpoeition of the City Marshal, in all probability, several persons would have been hurt, if not kilied. Is your Honor aware that one of those orderly persons, of whom you speak, caught the Marsbal’a horse by the bridle and endeavored to vent bimfrom quelling a row? Some of the soldiers have been caught by the city officers in the act of attempting to brenk into houses in the night. These are well known facta, that can be proved by many witnesses. However much we admire the talent, e: nce, skill anf military attainments of the offcers and the bravery aud discipline of the men, it must be regarded as a hich degrading appreciation of their gallantry, and the higl position which their military career has given them, to use thei as a county jail—a walking calabocse. And we be- lieve that all experience bas proven that the introduction of eoldjers into cities or villages has had a uniform tenden- cy_to produce hostile feelings, Your Honor says.that ‘ good American citizens have no cause to fear American troops;” the gallantry of our offi- cers, the discipiine and bravery of our eoldiers, have'ren- dered our armies a terror to the enemies of libert; thro oced the world; but when, through prejudice, poli- in tical] ‘gue, speculative selfishness or thors, 4 arms are placed ina position to intimidate American citizens, why should they not fear? Honored sir, when our gallant army, or any portion thereof, is degraded, by any cause whatever, (rom that bigh position which the constitutien and laws have given it, ag the arm of national defence, to the low (station of sup Pplantng ihe Civil power, it must, moet certainly, be feared by every American citizen, not blind to the perpetuity of cur national institutions. As a boginning, a single corps, bighly honored for its discipline, the superior skill and scientific attainments of its officers, is placed out of its constitutions! epbere to perform the duties of sheriff, warsbal, or jailer- the militery power then supersedes the civil, in a limited degree to be sure, but military power seldom retrogrades and jurors are controlled by them; the court follows in the wake—that bulwark of hu- wan liberty—an independent, high minded judiciary, sua- tained by the people, is thus annihiiated—the legislative and executive departments are eoou overcome, and the pars a Julins Cinsar puts an end to the whole fabric of liberty. We atk, your Honor, why should not ail good American citizens be afraidy For these and many cther reasons we beg leave re- epectfully to renew our request. With high consideration and esteem, we respectfully subscribe ourselves, your most obedient servants, B. K. BULLOCK, Mayor, In behalf of the City Council. In addition to the foregoing, other petitions from set- tlements in Utah county, were presented to the Jad = bg vemoval of the troops trom the vicinity of Court. SERIOUS CHARGES AGAINST THE MORMONS. During the sitting of the Court oa the 2lat of March, in discharging the Grand Jury, Judge Cradlebaugh assigned the following reasons for this couree of procedure:— ‘This day makes two wecks from the time yon were em. parneied. At that time, the Court was very partioular to impress upon your minds the fact that i was desirable to expedite business os speedily as possible. The Court ook cecagion to call your attention to the difficulties 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 Log ow cr minals to punishment; it told you that, aside from that, that the legisintion was of guch a character as to embar- yare the Court ia the dischi of its duties; and that they had given crimipal jurisdiction to courts of thelr own crea- tion, which by the organic act can exercise no such jurisdic. tion. They bad sought to throw the punishment of crimes into such tribunals, The Court also called your attention tothe fact that there bad been, in connection with this legislation, an attempt by persovs within the Territory to bring the United States courts into disrepute with this people. It particularly called iF atter tion to the fact that Brigham Young, the late Exeoutive of the Territory, at the time when he was asworn officer of the govern- ment—sworn to see thatthe laws were executed—had taken occasion to dencunce the courts as vile and corrupt; alo that he had taken occasion io denounce all and jurors of the court, and that this was done to prevent the proper and due administration of justice in the Terri- tory. The Court felt it to be its duty to 1 such sian- dere; that it owed it to the position it occupied, and to the members of the bar, who were looked upon as honorable men, and from ite association with them it feit it to be its duty to repel such sisnders, let them come from what fource they might. This was done for the of showing the diificuities that and the court labored under in bringing criminais to justice. Aside from this, ‘the Court took the unusual course of calling your attention w particul crimea—the horrible magsacre 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 eg teed their tomb; it told you of the murder of tue Parrishes and Potter, and Forbes, almost within sight of this court house, It took occasion to call names for the purpose of calling your par- ticular attention to thoee crimes: the fact that they have been committed is notorious. The Court has had occasion to issue bench warrants to arrest persons connected with the Parrigh murder; has bad them brought before it and examined; the testimony presente an unparalleled coudi- | tion of affaire. It acems that the whole community wore epg in committing that vrime. Facts gq w show it, There seems to be a coinbvined effort onthe part of the community to screen the murderers from the punishment due them for the murder they bave committed. I might cail your attention to the fact that when officers seek two arrest persons accused of crimes they are not able to do 80; the parties are screened and secreted by the commu. pity. Scarcely bad the officers arrived in sight of the town of Springville before trumpet was sounded from the walis around the town. [his, no doubt, waa for the purpose of giving the officers were there tomake arrests, The offic town, and in a sbort me a trumpet ronads the wall for the purpose of atnounotn, was over, Witnesses are screened; org are iniimi- dated by perrons in community. An ollicer of this Court goes to Springville, meets the Bishop of the town aks bim about « cer! wi be having onde retogd fice, He (the Hikbop) te K' hat the daoger aone to Camp Floya, while the fact is, the perro: offer de- sires to fod is at the time im sight ia ret. We have here a Bishop lying to prevent the service of the process of thie Court, and aiding in preveniing criminals ing brought to punisbrnent. Sneh are the atempta wade to prevent the adwinistration of justice in the courte. Officers are prevented from makiny arrests; they are thwarted upon all points when they sock Ww arrest theae persons who should be brought to punishment, Such acts and conduct © show that the com: munity there do not desire to have criminais pun- jehed , it shows that the Parrizhes and Pottor were murdered by counsel, that it was done by authority. The testimony goes to show that the engaged in committing there murders are officers in that community, policemen, and that they have since been promoted for committing these hellish crimes. At the commencement of thia term of Court, these perrona were to be heen elbowing about the etrects with the Bishops and other dignitaries, bot now they are notte be foun } wey wii the Tecte go to Bbow that ibose eflences wero | Jake advantage of of the propriety of veniraing another Grand Jury. For your gervice upon territorial business the clerk will issue ‘ou his certificates. For the time you were engaged on mited States business the Marshal wili pay yeu. If it is expected that this Court is to be used by this community as a means of protecting it against the pecadillos of Gen- tiles and Indians, unless this community will punish its own murderers, such expectation will not be realized. It will be uzed for no such purpose. When this people come to thelr reason, and manifest a disposition to puvish their own high offenders, it will then be time to enforce the law algo for their protection. If this Court canuot bring you to a proper eense of your duty, it can at least turn tho savages ip custody jooge upon you. PROTEST BY THE GRAND JURY. Provo Ciry, Uta County, 7 Territery of Utah, March 22, 1859. ) We, the undersigned, having been lawfully summoned as Grand Jurors for the Second Judicial district of tho Territory of Utah, and having been summarily and insult. ingly discharged ‘by the Hon. John Oradlebangh, United States Associate Justico for said Territory, while in tho aithful and diligent performance of our duties as a sworn inquest, do hereby enter our solemn bob pay ty frre fed jadge lebaugh, ry and conduct of the aforeeais addres and used towards us atthe time of our dis- charge, We were surrounded in our deliberations in our jury room by a detachment of the army andarmy ofticers, quartered within hearing of the evidence of witnesses, while being examined by us. We presented indictments for offences against the laws of the United States, Our indictments were treated with contempt, and the prison- ers indicted have been liberated without trial. Witnesses subponsed to be examined by us, have been treacacrous- ly arrested, and thus have we been deprived of their evi- dence. Notwithstanding being thus trammeiled by the Court, we have honored our eath, and were endeavoring to faithfully discharge our duties, when we were (ig- missed by his Honor with a slamderous and insulting harangue. JOHN RIGGS, Foreman, In behalf of the jury. MEMORIAL AND PRTIITION TO GOY! OR CUMMING, To ms Excetsexcy ALPAKD CCMMING, GOVERNOR OF THE TERRITORY OF UTAI;— Sir—Your memorialiste, citizens of Utah Territory, res- pectfully represent that tho Hon. Jobn Cradlebaugh, Asso- fociate Justice of the Supreme Court of the Territory of Utah and ex-officio Judge of the Second Judicial District, commenced holding a term of court in Provo, Utah county, U. T., on the Sth day of March, A. D. 1859, by what law, as to the time and place, of the United States or of this Territory, lis unknown to your memorialista;‘for in the Statutes at Large, chapter cxxiv., section five of “an act to amend the acis regulating the fees, coats and other judicial expenses of the government in the States, Territories and District of Columbia; and for other pur. poses,”” approved August 16, 1866, we find that Congress enacted “the Judges of the Supreme Court in each of the Territories, or a majority of them, shail, when assembled at their respective seats of government, fix and ap- point the several times and places of holding the several courts in their respective districts, and limit the duration of the terms thereof; which is all the law upon that point that we have been made cognizant of; and from page 119 of No, 27, vol. viii, of the Deseret News, we learn that Chief Justice D. R. Eckels and Associate Justice ©. F. Sinclair, iu ac- cordance with said jaw, did, in August last, moet in Fill. more city, then ruled by them to be the seat of govern- ment for this Territory, and “ flx and appoint the several times and places of holding the several;conrta” in the three judicial districts of this Territory, fixing and ap- pointing tho time and place for the judicial district in wbich ‘Judge Cradiebaugh is now holding court, as fol- WB “8econd District Court will be holden at Fillmore city on the first Monday in November, by Mr. Justice Cradle- baugh;” and it is obvious that the 8th of March is not the ‘first’ Monday in November,” neither is Provo on tho site of Fillmore city. Judges Eckels and Sinclair also y that ‘each term of the Diatrict Court will be for thiMly days if the business shall require it; Congresa, Statutes at Large, chap. cixvi, ap Juno 14, ‘1858, enacted “ that the judges of the Supreme Court of each Territory of the United States are hercby au thorized to hold court within their respective districts, in the counties wherein, by tho laws of said Territories, courts have been, or may be establighed, for the purpose of hearing and determining all matters and causes, ex- cept those in which the Usited States is a party: provided that the expenses theroof shall be paid by the Territory or the countes in which said courts may be held, and the United shall in no case be chargeable therewith;” and Judge Cradlebaugh cannot be holding court under this jaw, he is examining ‘“ matters and causes” “in which the United States is a party; and in section 2, chapter xliii, Statutes at Largo, approved July 4, 1840, we find “ That the preaiding Judge of any Circuit Court may, at bis discretion, appoint special sessions thereof, to be held at the places where the stated scesions thereof are holden,’ but at such special sessions are prohibited from “trying Les f cause by a jury.” Now, were such discro- tion aliowed a Judge of any district court, which we havo not foond, it would still preclude the court in question, since it has both grand and petit juries in its employ. Having thus net plainly cited all the law within our knowledge, pertinent to the subject, we submit the question of the legality ‘of the court now being held in aie by ely t ign og B.yone Excellency, aod rurther reepectfully represent », UPO a requisition by Judge Cradlebaugh, detachment on United States tr was marched from Camp Floyd, and halted at building pinged for the accommodation of the court, and in which said Judge was at the time do- livering his charge tothe Grand Jury, and subsequently and still, 80 far as we know, encamped adjacent to and the cflicers quartered in said building, a proceeding alto- gether contrary to the spirit and letter of President Buchanan’s late message to Congress, wherein be states: ‘Tam happy to inform you that the Governor and other civil officers of Utah are now performing thétr appropriate functions without molestation. The authority of the con- stitution and laws bas been fully restored, and pease pre- vails throughout the Territory; directly contrary to an express understanding with the Peace Commissioners, as made pobite in Provo by Governor Powell, Juno 16, 1858, | when he stated to come four thousand citizens thea and there assembled, that ‘‘whiie he (President Buchanan) claims and will exercise the right toseud the army where- ever he may please, his object is not to make an encamp- ment in any of your cities. General Johnston told me that he did not wish his army to be stationed near a city,” and contrary to Lal ust, legal, or even necessary requiro- ment, for, notwithstanding Judge Cradlebaugh, in his reply of March 12, 1869, to the petition of the Mayor and City Council of Provo for the removal of said troops, stated that they were there “to secure and support ors,” the Territorial and county officers attending court, and holding commissions from your Exceliency, promptly in- formed the Judge that they were ready and amply ablo and responsible for the arrest, eecurity, caro aaa forth- coming of all persons ordered to be arrested. were ordered to accompany your Excellency and other civil officers to Utah, as @ posse comitatus, under the influence of statements tbat the Territorial library and court records had been burned, a District Judge intimi- Ee upon the bench, and government officers driven from 8 ‘Territory; the facts concerning which statements your own personal observation fully enabled you to make known 10 our bation at an early day after your arrival, thereby officially precluding, particularly since the date of the Conference in June last, any requirements upon the army in Utah, save to tect the citizens, the maile and the emigrants from ‘melostanion ‘by the Indians within our borders, at least until resistance should have been offered to the execution of any law or the order of poe Beste or civil officer, which, we are gratified in being able to state, bas not been done. ‘ Gov. Powell, at tne time and place aforenamed, said: “The federal government demands nothing of you, fellow citizens, which it docs not require of the inhabitants of every State snd Territory in the Union, that you shall be obedient to the laws of your country, that you will the civil authority, and that its oficers shall be received by.you and enter ou the discharge of their daties unmo- lested.”” Wherein have we failed in complying with those requirements to the very letter? Not in one tittle, but have gone beyond them, and unresistingly borne the quar- teriog of troops in and around a court transacting ig torial business in a peaceful city, amply supplied with civil officers for the fuldiment of every legal requirement, And President Buchanan, in big measage before quoted from, states that “These gentlemen (Messrs, Powell and McCulloch, the Peace Commissioners,) conducted them- selves to my entire satisfaction, and rendered useful ser- Vices in executing the homane intentions of the govern- ment. Italo aflords me great satisfaction to state that Governor Camming bas performed his duty in an able and conciliatory manner, and with the effect.”” And now, notwithetanding the humane efforts and labors of Col. Thomas L. Kane your Excellency, #o highly and justly commended by the Chief Executive of our na- tion; notwithstanding 6 President's lamation of April 6, 1868, and the consequent results of the Peace Conference in G. 8 L. city, in Jume last, so to both parties and the agreements, of which have been #0 scrupulously observed by Utah, could presumed that a district Judge would bd back of all these facte, so widely known and so highly appreciated by every patriotic lover of his country and humabity, and instructions to Brevet Brigadier Gono- bearing the ancient date, ‘New York, June ig hy ‘and call upon the mili a —e his court jury rooms with bayonete? such is the fact, when \n Toone eame npetcen call and foliowing the authority above alluded to, and which, perhaps, has been neglected to bo r ) We read, ‘while tha (Gen, ral W. 8 Harney, Harney) are not to be and cannot be subjected to the orders, str’ ‘ing, of the Governor, you will be responsibl @ zealous, barmonioua and thors co-operation with him, and fuil consaltation, and will conform your action to his requests and views {a all oases whore your military judg. ment and prudence do not forbid, nor compel you to mo- ay ah [emery by how hfe able ld us ‘hose very instructions, undor | a district judge, if they are not already rowoluded, caims authority for making & reqnisition npon Gen. Johneton for troops, that your Excellency, as was very properly con. videred, bas the superior authority in counseling their TOY SRRODSE IB Hho GApeCity OF ® posny COmmiinnE, or to froquent , But, notwithstanding all these facts, those principles of eq and justice terize a.court, it has pleased Jt ‘im several 1, thé civil au! least valid reason known to us, to to execute the orders of his court, ting on his part, so far as we can di gard of the latest views and pol eee woerena ae Vey ane ine views and licy of our Excellency and ail good citizens, and a force an ation hae ne for some cause to citizens and troops, which is ‘well ‘Known is not go difficult, or city ip the illegally to accomplish in the best ordered town Union, especially when one class is caused to Bu) t, taunt and oppreas the other, tho peaceful of the Administration of @ not subverted by the schemes of such sutlers, 1) CAMp and gamblers, as plot evil and bloodshed for that citizens be not imposed upon in any of rights, nor when subponaed as wit , treacher- ously arrested by bench warrants, and unfed and without bedding, guarded by troops; nor jurors to attend to their duties under the bristling of bayonets; that tha laws be respected and magnified; that the citizens be not goaded until they cannot sustain their and thus forego for a time the bappy results of the la- bors and toila of ro many patriots and philanthro~ pists, and cause the riotous to exult with joy; and tbat your Excellency ‘‘take care that the laws bo faithfully executed””—we, ics) memorialists, citizens of the United States in the Territory of Utah, respectfully petition your Excellency to use all the influence and au- thority of your officis! position ag Governor of thia Terri- tory to remove all government troops from in and around the court now in eeasion in the city of Provo, and from in and around gaid city, and to prevent any troops be! cated in or infringingly near any of our thickly set villages, towns, or cities, and to fairly and fully, at your earliest convenience, report to the proper de in Washington City the’ oificial Proceedings, of adge John Cradiebaugh in the Second Judicial diatri of this Territo- ry; and, for such wise, loyal and just action by your Ex+ cellency, your memorialists and petitioners will ever pray, taplen of the fofegoibg msimorla! and petition to his Ex. Copies of memoria! an collebey Allred. Onna ing, Governor, were circulated throughout the Territory, and signed by the people rally; one of which containing the names of about thourand five hundred citizens, was presented to him ou the 26th instant. GOVERNOR CUMMING’S PROCLAMATION AGAINST @) Wh One company “of tho United States infantry, \ereas, One company of the under the’ command of Captain Heth, is pow stationed around the court house at Provo, wh the Hoa. John Cradlebaugh is now boldivg court, eight additional companies of infantry, one of artillery, and one of cavalry, under the command of Major Paul, are gtationed wi oe of the Court Houge; and, whereas, the presence of soldiers has a tendency not only to terrify the inhabitant and disturb the peace of the Territory, but algo to sub- vert the ends of justice by causing ‘the iniimidation of witnesses and jurors; and, whereas, this movement of troops hes been made without consultation with me, asd, ag I believe, is in opposition to both the letter and ‘spirit of my instructions; and, whereas, General Johnsten, commander of the military department of Utah, has re- fred my request that he would issue the necessary or- ders for the removal of tho above mentioned treops; Now, therefore, 1, Alfred Cumming, Governor of Territory of Utah, do hereby publish this my solemn pro- test against this present military movement, and also egainet all movements of troops incompatible with the let- ter and Lariat of the-annexed extract from the instructiona received by mefrom government for my guidance whila Goyernor of the Territory of Ytah, In testimony wheroof, 1 have herennto set my hand, and caused the seal of the Territory to be aflixed. Dona at Great Salt Lake City, this twenty-seventh rt ee ‘A. D. eighteen bandred and fifty-nine, and of the indepen: dence of the United States the cighty-third, ALFRED CUMMING, By the Governor, Joux Harrverr, Secretary of State, EXTRACT—(GOY. CUMMING’S INSTRUOTIONS). &t is your duty to take care that the laws are faithfully executed, and to maintain the peace and good order of tha Territory, and also to support by your power aad autho- rity the civil officers in the performance of their duties, If these officers, when thus engaged, are forcibly opposed ve & or bave just reason to expect opposition, they FEEse EF Tight to call Buch portion of the posse commilatus to their aid as they may deem necessary, circumstances should lead you to believe that the ors force at the disposal of such officers will be insafficient to o any resistance that may be reasonably anticipated, then youare authorized to call for such number of troops ag the occasion may require, who will act ag a potse 4 and while thus employed they will be under the direction of the proper civil officer, and act in conformity with tha instructions . ‘ou may give, as the Chief Executive Magia. trate of the Territory, JUDGE CRADLEBAUGH’S REMARKS ON THE GOVERNOR'S PROCLAMATION. While the Court was in seseion on the 30th his Honor made the following remarks on Governor Cumming’s pre clamation:— I will state to the gentlemen of the bar, and also to tha congregation present, that I recoived a document yester- day from Alfred Cumming, and what I have to say about itI have embodied in writing, so that it may not be mige represented. His Honor then read tho following: havo received @ decument from Alfred Cumming, Go- yernor of this Territory, which in its heading purports to be a proclamation, while in the body of [the document it would seem to be a kind of protest. Instread of be- ing addrersed to the Gencrat Commanding the depart~ ment of Utah, it seems to be intended for tho public at large. Taking the whole thing togethor, it sooma to be designed to exasperate the people of this Ter- titery jt the troops, to obstruct tho couras of public juatice, and to excite insubordinatiog in the army. In this document Governor Cumming of oe a United States infantry boing around the Court House in which 1 am now holding # term of the District Court, and also of several aiditional companies of infantry, one of artillery and one of ea ’» being stationed in sight of the Court House. He also that the presence of thess soldiers hasa wy only to terrify the inbabitants and disiarb the peace of the it also to subvert the ends of justice V4 came Hie saya ‘Territory, but ing the intimidation of witnosses and jurors,” that this movement of troops has been made without cm. eultation with him and against the letter and spirit of instructions, In regard to his statement that the are stationed around the Court Houge at Provo, 1 oply to gay that the assertion is not true. oo stationed near the Court House and on one of it, The additional troops referred to as being ae sight of the Court House,” are at camp four miles distant, This assertion must hava been designed to create a false tmpreesion as to the tive situation of the Court House and the troops. In re- gard to the inhabitants being terrified by the presence of we }, it is ir to say that many them are very their being here at this time, but on account of crimes committed by them, and jst punishment for their offences, Among them ‘be found several of the jurors, Pane of ‘stakes’? bishops and algo civil officers of . Is is per- haps proper to say that the Grand Jury was solected by the County Court under a recent act of the islature of this Territory, which was signed and aj by Gover- nor Cumming, and that several notorious criminals were members of it. That none bat those who are conscious of guilt are under the Influence of fear is manifested by the fact that at all times, when the court js in seesion, the court room is crowded by hundreds of cit!- veng. The assertion that witncsses and jurors are or have been intimidated by tho small military detachment near the Court Houso is without foundation; while the real fact ig that witnceses have been thi ifand intimidated b; the very inhabitants who are said to be so much terrified To such an extent has this becn carried that witnesses, who and testify on behalf of the prozecutionare compelled to seek safety under the protection of tha troops that are here—many of them having signed a petl- tion requesting that the troops shall not be removed, and representing that their security and d alone upon their presence. Ia regard to tho statement that tr are here without congultation with his Fxcellency, rt has yet to learn that it is subservient to, and cannot act except under executive dictation. His Honor then observed, ‘I have thought proper to make this atate- ment in regard to this proclamation of his that the public may know it is not according to the facts,”” HOW THE MORMONS SPEAK OF THE PRESENT TROUBLES. ‘Deseret News, March 30 } sc The proceedings of the court at Provo City, and the pe- titions, remonstrances, and memorials those have called forth, together with tho protest of the Jury and Governor Cumming’s prociamation, apade in this number of the Nese pa Peo to the courge that has been pursued by those who hava ah ns cy bringing about order of things to wi . The people feel somewhat indignant at the course that the laws, when no resistance has been made either the court or its officers, neither have they criminals to escape from justice as all . ‘They do not] fear nor wish to avert an impartial administration of jus- tice, but from Nomidben Siar they have reasons to the unlawfud interven! of miliary with civil power, It {g not our intention to comment at this great extent on these matters. The tacts as will go to the world in a way that will be vu: frm ang snags ht npn the will bo given in thal fot cyte ose who reepect the rights of their fellow- eines, guaranteed by the constitution and lawe of common country. , those hate and wish to destroy, and {i laws and constitution of the eiuer Staten, fume to ‘hold rush ‘courte a? the htt % uch courts, and tI Biretehed out toprovent auch proceedings shar become known, then tia our anil every one should be looki We believe that the gov: Cumming in carrying out he recoil bd his Creeys 3 in Lapa tering the laws in thie Perri- tory, and that those whe oppose the concili mean that have been adopted to restore pence end cunaa Will ere long see their error, whetbor they repent of it not. In fine, thero is nothing that can rave them from infamy and diegrace that such expressions and acts merit, and will in due time be awarded 6 the guilty, SPICY LETTER FROM A NEW YORK MORMON. 70 THB EDITOR OF THE NRW YORK HERALD. Naw Yor, April 27, 1859, ‘Tho ‘“nerious trouble anticipated betweon the sad troops,” as published in today’s Eimarp, induces to claim from you a poriion of sproo in your yalnal paper, for the purpose of setting forth somothing like th’ true state of affairs in that Torritory. ‘This ‘startling nows’’ has been expecteil in the States’ for some months past, Tho planning and intriguing of th Utah Judges, sutlors and their associates for the pu of getting up pnotber “iiMgwty,”” bas beta #0 Wi