Arkansas true Democrat., 1858-09-22
varied a! to Gen Johnson by Col. Cooper the adIutant general of the army, with the remark


 warded to Gen. Johnson by Col Cooner tba adlutant general of the army. with the remark | that
 " The secretary of var desires that you cause inquiries to be instituted for the purpose of gaining information respecting the young wo- man alluded to; and, should 1t appear that she IS stl!l among the Mormons. that you adopt such measures as may seem to you advisable to orlng about her release from their community and her restoration to her friends"
 l The papers and correspondence were imme- dlately inclosed by Gen. Johnson to MT. w. J. Mccormick, the acting United States attorney for this territory during the absence of MT. Hockaday, with the following comments: presume that the duties enjoined upon me in my military capacity were expectelI to be performed only in the contingency that the re- atons of the people of this territory to tbe fed eral government should be still unchanged on the reception of the instructions Now. inas much as there has been an amicable adjustment Of the difficulties heretofore existing. and the supremacy of the law is established. do not doubt that under existing circumstances the de- sign oi the department will be fully accomplish ed by my handing over the papers to the civil authority that such proceedings may be insti- tuted as shall lead to the recovery of the little girl and her restoration to her father in accord ance with the request of the British Minister. who asks the interposition of cur governn enr for that purpose"
 After ascertaining that the child had not been | removed, MT. Mccormick and Mir. A. C.. Browne, jr who were associated as counsel in the case, presented to Judge Eckels last Satur- day a petition for a writ of habeas corpus to be directed to MT. and Mrs. Richards. command . lng them to produce the child, and show cause, Ii any they had. for her detention. The writ was granted and served, and the parties appear ed with their counsel Mr. Hosea Stout, the Mormon Attornev-G eneral of the Territory. - Ihe hearlngsln the case were had before J nd ges Eckels and Sinclair, and resulted yesterday in an order that the child be discharged from the | custody of the defendant, aud committed. by consent of the parties, to MT. Dotson the United States marshal, to be delivered by him to MT. Poiydore with as little delay as practicable. As soon as suitable person can be found to take her in charge, she will be forwarded to the brtish Legation at Washington. She is an in telligent and interesting girl of now twelve years oi age; and whatever may have been the inhu- ehces exerted over her during the last four years. 1t Is especially fortunate that she has been res. cuel at this tme Had another year passed uHN "uN~Co'fui or tue er, she would probably have been betrothed, if not married, to d polygamist
 1 It was noticeable that a return was made to the writ Of habeas corpus by Mrs Richards un- der her maiden name, Jane Mayer What could have been the design of her counsel in such d l proceeding l cannot imagine, unless he thought that he should thereby avoid raising any qnes ton touching polygamy. But he nearly sue. ceeded In raising such question by the very means he adopted to avoid doing so. The re- turn of MT. Richards disclaimed any title on his part to the custody of the child, and denied that the child was in his pos .ession The re- turn of Jane Mayer acknowledged that she had the child In her custody under directions from its mother. But neither of them traverseI an allegation incorporated into the writ from the plaintiffs petition, that Jane Mayer was Mr. Richardss wife. Advantage might have been taken of this by the plaintiffs counsel to contend that the return of Mr Rchlris was the return also of his wife, for upon leave to amend being granted by the court. the defendants by their counsel declined to alter either return. I cite this incident merely to show inevitably the so. clal system of the Mormons must be subjected to judicial scrutiny. It will be impossible fnr any lntellig gent judge to be sent here by any ad- mnlstratlon who can avoid "interference with polygamy' by any means except malfeasance III office.