New-York daily tribune., 1858-04-05


1ss ass ss sesisa r,.erss t-,, s.s and ;df o~r
w.. "a ,e >.m f,sss hsn Aficsn bond~ei VI
.a.e,&. & is, W. .-. se, e .daop. .tn 70, he sew ana
situation 81 tho inhabitants OF s's Territory 10 re-
,oror, pol Ia 80 ir,pt- fr mu..d benefit sa1
fbrtsr tha wess isir 'oncuIe.s' a he t'9snf ere
I-'sd BY the l~faare f,he f,r'"rJ oi Ah' J-i
A. Acr Jsr ne relef Of Iqdag Ssaec, aaa P,.oao,
s'cros Bea, g. raAi Whenever - Sh,e per
whn any county # ia; Territory sha have any
o,hcrre 'Dch ,hsl mmedasiy 90 toat'"r
rh Indian prsonsI che or woman bore the se'e mo-
I,n - rT,te,, 's, -. r - s ~ .a
cha SL ~"San indian oneT j. h.l
hi, duty to bind oa'h same By edebtae m tern
bt'Heths ts'niy years ;he di'c'r'i oil 'hr 's" 90
stc !. The Probate Jodse s. ec,mer .l au.e to he writ
% rs.as tnosn irte to which ,d irdsn ger-o blr-d
use person having him in pose'.on ofthe indian from
whom aid p.r,on obtained dste OF ,deD,ur copy o
which shall be sed in the Probate Clerks Office
src J. The nen IL ihs,f rr'Ie1nne e. s r e,eSy
and bind them to a'.fgi ccspa,ion
oeo 10 .epd aid aprr. ntce - cto there be- sho IN
tie vicinity io the term Of three months IL "a year
seven years asd sixteen The mater shall cche biz apprentice
in BE- r. 'RS 10 beIGTs @n5sl Mach az 70 LII SAD ma
GThe slave code of the Territory as embodied in
these acts s undoubtedly humane when compared
with the code Of Missouri, that Of any other slave
holding State; but the fact that such code wac
completed just two years after the speech OF Mr..
Webster OH the compromise measures wide the date
of the approval Ofthc ac. establishing Indian Slavery
suggests 10 TO quote in this connection the fol-
loving familiar paragraphs from that speech:
What cay H. that 10 Impossible that Ah an
Slavery snons should hnd ts way Or be n,fo
d,ssf oeed no o,, l sty any
have therefore TO ssy in this respect as eountry-
1.d Freecom many ,ha live in IT, By
epcate sw than that which s,shss to the right of bold
ing .l,ves Texas and viii further ths, if resolution
bill before 70 provide lcrT'ofal Government
for New Mexico neodDs Ctsh wo'd MT vote to put any
Before proceeding further it may be well to
quote an act containing provi,iOns applicable to all
the laws of Utah 1t simplfes n ali extraordinary
manner the construction Of laws and the practice in
courts. Chief-Justice Taney is prescribed in one
section and Lindley Murray in another and the
applicability of laws passed by the Congress OF the
United States is left to the determination of Pro-
bate Judges in manner calculated to satisfy the
most jealous partisan Of "hgher law"-even
Judge LoriDg of Massachusetts:
An ACT ea g prOrsons appiedhe 10 The idrs Of the Ter
rto,y yOf UfaA.
SECTION BE enacted DC That all questions of law the
rmo5y decided by Coar, parts Of
laws h, be read argued cited adopted any cu during
Assembly Of ts Tc.oy and those passed by the Congress Of
doine Of cori shall be read argued cited adopted
ccdent in any other trial.
SIC Words used Include either and words
ued in gender sy incl ude either the singular may be read
plural and the plural singular prsOn include partnership
aSsS asS SGS S sSi snd od do ao S T.
A Probate Court, as commonly understood, is a
Court whose jurisdiction is limited to administration
on the estates of persons deceased, and to the
guardianship of minors, idiots and inadmen.
BY Section 20 of the Mormon Judiciary act it
receives different definition BY that section it
was intended to rob three L. s. District Courts OF
their jurisdictions and under it man may he put
in unconstitutional peril of life or limb, by being
twice tried and punished for the same Ofense, once
in the Probate and again i'll the District Court.
Al ACT IN teldtion 10 the judiciary
SECTION TO- By the consl Of the Count aud the parties any
ar cause or question and while thus acting shs possess al
the power, OF the Dhtrici Judge in the
toned between them shall be deemed equ able Court
SEC. 90 Public buildings owned by the Territory, sny
aud bHryirg grounds, exempt from execution.
SEC. Il. The following property of adydua's also exempt
SIC a. None Of tn. exemptions herein for
the benefit Of but their property liable
ton, with tacspon Of the ordinary wearing apparel
and nothing heu shall be so construed as TO exempt the prop
TerO,g county with the int nton Of removing their effects
SIC 80 The sreni Probate Courts their respec';re c
10 eLc'e original jyd'ctio" both Girl and
pohbted by legislative natment ana they shs be erned
ell respects the general rules and regulations 'esad'
SIC The Probate Judge in crpecon with The ssgton
Tn,y and With "a II Other powers and sdic
conferred by law and III this connection shall b.
SIC S. r. County Court OF all timber water
q any ~ot ioIe o her Gi s b be
timber suSseIve the interest Of the settlements in the d
button Of water for alton and other purposes Al grants
ySi Sed under legislative au,ry shall be iptetered w
None of the land in Utah having been opened to
preempion, ard the country being territorial de-
tendency, and not sovereign State, the powers
granted by section 3S to the County Courts evi
dently unauthorized. There is not line in the or
gsuc act TO Justify the exercise Of legislative power
by the Territorial Legislature to the extent OF grant
inc monOpoes of timber-cuttng and water prvi-
leges to say nothing of the ungrammatica clause in
the section which, under the "ConstructOn act"
previously quoted, would probably be construed:
mo gran, r ritht held under cg.sve su;horty shall
inericIed with"
But the extent to which the Mormou Legsla
lures have exercised unauthorized power in this
necton, may be inferred from the following act
which is only out Of twenty or thirty OF similar
character;
Samuel Snldey and hsI associates the rgh Of ground Jo'
enGcd &C. That the exclusive night ground
commonly Parley Psk and the joining valley lying
K%ss IcSsa NJ Giant, S.mup nydr and their s.o
cse' or herd grounds or the period oi twenty years lap
proved Jan. ~, 1873
The First Presidency have secured to themselves
the most valuable OF these unauthorized grants.
For instance, Brigham Young is endowed with the
exclusive right to establish ferries Bear and
Weber Rivers, the two principal tributaries of the
Great Salt Lake; and Daniel III. Wells possesses
similar grant in relation to Green River the great
fork of the Rio Colorado, which traverses the Ter
ritory from north 10 south. The exclusive control
Of timbercutng in all the canons in the neighbor-
hood of the Great salt Lake City is given to George
A. Smith. who is shining light OF the Church
and TO Willard Richards, another great light, is
granted the exclusive right to run roads through
these csnOns. All these grants are protected by
the legislative imposition of penalties trespassers