The daily union., 1852-10-06
Letter Of Judge Broochus.-To the public.
RooKRRIpeE COUNTY, Virginia.
August 23, 1852

RocKHRIDeE COUNTY, Virginia.
August 23 1882
The President OF the United States. the l1h day OF
May last, nominated 10 the Senate person 70 succeed
me associate justice OF the supreme court o .ne
States tor The Territory oil Utab. ms homhauoh was
made without resignation on my part !,
For two reasons deem II incumbent upon no W az au :
dress the public upon thus subject s' no =, ana,
conceive il due 10 my self 10 publish the grounds
upon which the President has pioceeaeu, as suou a
publication would not probably come IRON any omet
s0urcs The second is, that is due TO The country
tha, the people should understand the causes OF The WIN
druwsl OF the officers the Territory and the policy
which has been pursued IN view oil the eVis existing
there.
Personally | am atom in this important matter,
vet deem il due that should protect myself from the
mputaton OF having been removed rom once ior any
other than the real cause which impualion might, and
in all probability would be cast upon me- IRON malevo-
lent sources. were TO leave the matter unexplained
During the summer of 1881 arrived IN the Territory
OF Utah, in the capacity of United States Judge In the
fall OF the same year returned hererom, under the
full impression that il would be utterly tTultess 10 re-
main with hope Of being useful In my official capacity
under The organization then existing in the Territory In
that opinion had the full OF every other
civil officer OF the territorial government who was nol
Mormon, and accordingly all withdrew loseiher,
under q conviction that a continuance tuefe
would be not only officially useless but personally de-
grading.
Our Contemplation was make report to the Pfesi-
dent of the United States OF the circumstances whch IN
luenced in withdrawal and in operation with
him. TO aid, by personal presence and influence al
Waahingt0n bringing about such changes IN me or
GanizaiOn of the Territory would insure faithful
execution OF the laws and respectful regard for the
Jurisdiction OF the United States. Accordingly, IN The
month Of December last. full and detailed report was
made in wiring, to the President jointly, BY the Hon
Lemue G. BIandebury, chief justice, Hon. b. ID. Har-
rs. secretary Of State. and myself That report was
communicated by the President, without comment, TO me
House OF Representatives, IN answer 10 call oi thal
body for information in regard to the state OF things ex
isilg in Utah. Ii has never been communicated TO he
public, excepting in muated and ndculousy inleIpo
vmtA fnron in no
Yo,k Herald Immediately after its TRANSMISSION to the
President and before bad reached Congressdoub,ess
through Mormon nsrumen'aiy or procurement Win
. view of bringing the authors into rdicule.
Contrary expectations, the President sgnhed no
disposition TO produce any change IN the organic
hw or arrangement OF the Territory but inclined TO
maintain The organz ation and TO send the officers
who had Withdrawn back into the very condition OF
Affairs which they had already found inoleable both as
public officers and individuals accustomed the CIVIL
lies the prcpre,es and the decences OF lie In tesli-
mony whereof received from the Hon Daniel Webster,
Secretary OF State the 2sh day OF April last letter
OF which the following is copy
"DEpARrMENT OF STATE
&44s-a.# ''Wsshing ton pril Zs, 1907
sSrR directed by the President TO u form you that
unless you signify by the 5'h day - May mex ha, on IN
return Immediately the Territory OF Utah. 1r u G
purpose OF the discharge your official duties IN
President viii take for granted that you do not intend 10
and will to perform the duy which
will then devolve upon him
81 am, sr respectfully your obedent servant,
"Hon. PERRY Z. BkoccHus, Associate Justice IT the Su
preme Court OF the United ; ates for the Territory o
Utah. Washington"
ceved. from The same source. letter OF similar Tenor
and date. In reply thereto addressed Mr.. Webster
etter, OF which the annexed is copy, by which II VIII
Be perceived that declined Teurnng under the clrcum
stances then existing, bur sgned readiness to return
upon the adoption Of such measures as would have g
tendency TO overcome the obstacles lying IN tie way o
faithful execution OF the laws The other offcefs, IN
reply declined returning, and tor doing gave reasons
similar to those assigned by me- They resigned their
commissions. | did not resign. Wherenton nomna-
lion Tor my made by the President to the
Senate. The nominee was Orson Hyde an elder IN the
Mormon church.
Tnus appears that the Executive deemed It the true
4o9ernoa 6e eloy aud ihe in Re Works
OF sedon and social abomnalon that characterize the
Mormon community, but 10 keep all the other Mormon
officers clothed with their official authority and fuence,
and TO send into their midst another professedy OF
their own faith, and identified with their domestic Gus
tomf, TO exercise the high and delicate functions OF
judicial officer; thus lending 10 lhem another of
strength to aid in the administration Of the territorial
government in accordance with their arbitrary immoral
In our report to the President Of the United States we
aege the fact, not mentioned in the suboined letter. that
Brigham Young, the governor OF the Territory Is living
IN the practice OF the system OF poygamy and that he
has large number Of what called spiritual wives
declaravey spiritual, bat 10 AL inenls and purposes
temporal This fact OF itself, affords ample why
this man should longer be bonored with the commits
SION he holds under the government of the United States
Or, rather, why that commission should logger be
oehonored by being conferred upon him.
II may be sad that, under the constitution Of the Uni
ted States, every is guaranteed the right OF
shipping God according 10 the dictates OF his own
science. and that, therefore, this government has
right 10 interfere with those people in the practice OF
custom dictated by the principles of their professed
bgous faith With that sacred guarantee OF the cons
tuition far be Il from contend But that the con
sul'on contemplaes the protection oi every class of
peope who may assume 10 themselves religious
faith, IN the maintenance OF custom deeply mark
ed by RIGHTEOUSNESS and al war with the most cher
nhed sentiments OF virtue and morality throughout
the civilized and Christian world that the eonsttu.
non con'emplates thing monstrous and unrea-
sonable rhis, do deny Nor is il my purpose
with the local customs practices OF people living
der its general jurisdiction. But for this much do
tendthat was the duty OF the President OF the United
States as the executive head of enlightened govern.
nent, whose people and institutions marked by the
highest characteristics OF moral elevation known to the
whole word. 10 manifest his disspprobson OF custom
% odous and abboent that OF polygamy by instant
~ removing from Office public fnnctonary upon being
satisfied that theoretically and practically he maintained
the proprey OF such system and thus 10 show, in the
most indubabe manner, his unwngness that a high
commission from his hands should be sullied and dis
honored by the practice OF custom which il recognised
~ crime at common law. and is al with every
ssnse OF decsncy and virtue wherever civilization Is
knosn, Being the executive guardian Of the honor and
fair lame OF our country, he is bound such protect
in the eyes oi the people and the world far con.
sttuonaiy within his power from the stain Of disgrace
which The peculiar system OF those people IL calculated
10 cast upon u. And Il may not be going far say
tha, such duty furhei enioined BY the obli
Cations Of justice and humary There be fess N.
able doubt mat the OF the Mormon community
heir