The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-07-09
UTAH NEWS.-THE PERPLEXITIES OF
JUDGE ECkLES

From the Correspondent Of the Nelo York Herald.l
CAMP SCOTT, June 10, 1858.
The judicial department of our Territorial gov
ernment has abored under serious difficulties ever
since it taken from the hands the Saints and
placed in those of the Gentiles. These difficulties
have now become such as to render the holding of
the Supreme even of District Court almost, if
not quite, impracticable The chief judicial func-
tions of the Territory exercised by Chief JUS
tice and two Associate Judges; together they hold
the Supreme Courts, and separately District Courts,
the Territory being divided into three judicial
districts, of which is presided by each
Judge.
Mr.. d. r. Eckes the Chief Justice, received his
appointment later than either of his compeers;
ertheless he is the only in or who has
er been in the Territory. 1t after night on the
2lst of July, 1851 that he received notice of his APP
pontment; the next day he took the oath of office;
five days later he had closed his business at Green
CASTLE Ind, made the necessary arrangements for
his journey and travelled to st. Louis. He waited
at Leavenworth until the 10th of August for the
other civil officers; none arriving he started west
ward, thinking they would overtake him.
At Fort Kearney he awaited again two weeks for
the civil officers, particularly his associate judges;
still none arriving he recommended his journey,
Government did not even furnish him with trans
portatiOn; he had to find his own teams. Before
getting into kearney he broke down wagon, so he
advanced from that post to Chimney Rock with
OK train; thence he travelled with Col. Smiths
command, furnishing, however, his own transporta-
ton. At the South Pass he overtaken by
General Johnston, who, though he considered it
rather stretch of his powers, rendered to him the
services of three government mules from Hams
Fork to this place. The judge arrived here on the
18th November, dug hole in the ground, fixed up
some logs around it and deposited himself in it as
the judicial head of the Territory.
The first Monday in September he opened his
court, without a single Territorial officer in the
Territory to aid him; there sheriff, no con-
stable, no magistrate, clerks, seals, no library,
no court house, nor even table chair to put in
one He considered it very doubtful whether he
the n lint of bn abn
named, save his clerks but as it was necessary to
have civil government, in order to control and
| punish Transfers and camp followers who violated
| the law, he considered government de tocto bet
ter than none, and forthwith appointed said officers
to and him in carrying on one. The funds he sup
piled out of his pocket; he has never received
cent from the Territory to aid in carrying on the
civil government. Moneys accruing to the court
from fines or otherwise have betrayed the major
part of his expenses
During the past winter the Judge suffered many
privations. The difficulty of getting wood very
seriOus he paid as high as $40 cord for it, and
finally could not obtain it for that. The animals,
sbeing with difficulty kept alive, could do no work
so the men had to harness themselves to wagons and
draw wood through the snow for the command
If wood was obtained in this way for the troops, it
will be understood how difficult it for civilians
| outside of the army to obtain it. In February
Gen. Johnston ordered the Judge to be supplied
with wood, as though he pertained to the army
When the army moved from its upper camp down
here, Mr.. Eckles was unable to follow it for want
of a tent
Finally the command was able to furnish him with
tents Tor himself and attaches, whereupon he took
up his quarters with the army, and continued to
make war on the gamblers who seriously disturbed
the good order, peace and quietude of the camp
The only aid he has received in carrying on civil
government has been from the army, with the ex-
ception of the appointment of one magistrate by
Gov. Cumming Already upon the army arriving
here serious difficulties had commenced between the
teamsters and soldiers; and if there had not been
inlal arttI 10
power to govern the other lamentable consequences
might have ensued.
The army is now about moving into Salt Lake
Valley. Judge Eckles will accompany it; but what
can he do there? He cannot hold Supreme Court
for neither of his associates are here; he cannot
hold District Court because it is not his district
The first district over which he presides lies north
of Salt Lake City, the Mormons have all left that
region OF country, so he can do nothing there The
second judicial district, containing about all the
Mormons at the present time, pertains to Mr.. Sin
clair, of Virginia. The Governor might remove
Judge Eckles from the First to the Second district,
but such a removal would not be exactly legal
Nevertheless in order to get civil government in
that district, it may be well that government de
tdcto, not in compliance with all the forms of law
is better than none at all. Judge Eckels wrote to
the PRESIDENT long time since that he could not
carry on a civil government here longer than the
10th OF May, unless associate Judges were sent him.
but the letter seized in transitu by the Nor
mons.
ihO ouuSe . iniHldiS having Deen loSC during the
winter, he finds himself without means of transpor-
tation to Salt Lake Valley. Usually, generals in
the American army take any number of the public
animals and carriages they chose for the transpor-
tation of themselves their effects and their friends
Gen. Johnston, however, holds that though he has
the control of every thing for public purposes, ne
has the disposal of nothing for private or personal
purposes; he is unable to extend to Judge Eckeis
the use of public animals, but has coroiaiy piace,
his own private carriage at the Judges disposal;
remarking that his place was ON horse al the neau
of the army. .ho Chief Jus-
.;oo IS tha TERRITORY, received from the general
rovernment an order for transportation and pro
g;sona at contract prices. Considering the critical
na;t;nn of affairs in this Territory every public Off
per ought to be at his post doing his duty. Ought
indres who are salaried for administering Justice in