Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-09-28

.ttpsE CHARLES E. SINCLAIR OF UTAH
The New York Times" Utah correspondent
writes as follows:
"Tbe Hon. Char'e. f.. Sinclair, Associate Justice"
the Supreme Co hi. Territory, who succeede
Ids S,iIss tot ird Judicial District. (Sait Lax
Di-trict.l whilst OIL his way out here appo,n'e" -
samuel Gilbert OF Weslon, Mo-, Ci"rk 0, tne c Ebu,
IN his District. Upon hs arr'va, mere, =" ~. Inru,..
called upon J. w. Cummings, a MORMON tne lp mr
| Clerk, aud having exhibited III. appointment on.ln
oath and bond, demanded. as is usual ths eea au'
records of his Office. In reply, h"Ee,9', A. ~ a.
miDgs stated that he would not Recognizes ~ - 4,
| Clerk, and that he would give his reasons lot 70 "
inc n The .Jndge. In the meantime, Two leading
| Mormons, who have been connected VIZ e.o u ,-
| culty which has occurred in the United o'atea Co"IN
here, called on the Judge and protested a8a'nSt
| movel of Cummings. a..
Judge. demanding as a right that he should % retail
ed as Clerk of the Court, citing the Ia" OIL u u
iect, which reads thus: rn.a ,,r
"And bs il further enacted, Tfat IL Shai 10 ''o u.,!
of each of the Judges of the Supreme Coufi u, !.
rssnsctiys Territories of thu United States, 10 ues!s
nate aud appoint one person as Cieih VI w"
over which he presides, where one 10 po, ARRAY OF
pointed, and TO designate and rela'u out " SUI WI
clerk where more than one ID already aPp1n ~ c 90
only such District Clerks shall be entitled 10 a c"u'
penssiion from the United States, e1cept 'o' Ices 'oN
able In the United States" .a,
And asserting that the Judge had a right 10 appo,h'
H Clerk only "where one IL not alIeaoy hppUa nssnec,
In TACT, the law. in his opinion, places IN one respec'
the Office of Clerk upon The same footing " INA "
the Judges of the Supreme Court, namely that 'ney
hold office for life. .ro,
To this letter of Mr.. Cummings the Judge replied
in substance, that be could not paes otnciai opinion
upop the law, except upon the Bnnch' anu lha' III
had appointed a clerk, and bad no change 10 maze IL
bis appointment. Cummings then Sent 10 'he Jug
a written protest agsiost his removal, III when ne oe
nouncsd the Judges course as illegal and utJusl'ns-
| BILE. sending. at the same time, the RECORDS auu sem "
| the Judge. These latter the Judge, OF course, reiuset
TO receive, and sent them back to be delivered 10 MT
Gilbert. When Mr. Gilbert called for them again
thew were delivered TO him. although Cummings re-
peatedly told him that he did not acknowledge him al
clerk. The records which have breii received art
tboss of a single term Of the Court only, namely, III
Isst term which has been held here, I'm the winter o
1856 These are all that cumming had, but, &C
cordipg to his statement, the remainder OF the record
of this Court are with those of the First or Northeri
District Court, in the possession OF its former clerk
Mr.. Chauncey w. We-t.
Mr., A. G.. Browne, Jr., who has been acting a
clerk in this Court, a sersion of which was held a
Camp Scott in that district last winter, has made
written application to Mr.. West for the seal and 10
cords of his office, but has az yet received no reply:
The Judges of The Supreme Court now here, VIZ
Cbirf Justioy Eckels aud Associate Justice Sinclair
will start on Moniay next for Fillmore, the seat o
government of the Territory, 10 appoint a time 10
holding the terms OF the Courts in each OF the Dis
tricls. They will be accompanied by Hon. D. Hart
matt. the Secretary Of the Territory, who goes dow
m Witt the State Houae, which has been commenced
and partially completed. Gen. Johnston will iurDlsl
an Escort OF Dragoous FOR the pariy-ior protection
against the Indians