The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-02-01
lFRoM OUR OWN CORRESPONDENT

"AsHlNdToN, Jan. 81, 1889.
The position assumed recently by JUDGE S1Nc1 ,1p
seems llkeiy to cause his removal as UNITED STATES
Judge in the Territory of Utah. If remember
rghty, mad occasion to refer to this subject few
weeks ago. The facts briefly are as follows: The
PRESIDENT In May last started the Utah Peace Com
mssioners upon their mission to the rebels at Great
Salt Lake, transmitting by their hands "full and
Tree pardon for all seditons and treasons of the
past, upon condition that the Mormons would
yleid future obedience to the law. The circum-
stances in connection with this policy are already
fresh in tho .ae.,ory of oil
1t is also well known that although the Mormons
availed themselves of this promise of pardon to save
their necks from the halter they have never to this
hour fulfilled its reciprocal conditions of hearty re-
turn to loyalty. On the contrary, they have con-
stantly betrayed intense hatred of the Federal Gov
eminent, and disposition to trample under foot
the laws and civil authority of the UNION. Nothing
but the presence of an overwhelming military force
keeps them in subsection; and thus our Government
IN the heart of the American continent is compelled
TO emulate the policy of European despotisms
IN MAINTAINING peace among "citizens'' only by
force of arms. Never for an hour have the Nor
mons manifested the least contrition for the for
mer offences, or particle of gratitude for the Ex-
EcoTivE elemency extended them: They preach trea-
son constantly, and their very children are taught
to hate and contemn the authority of the Govern
ment. They disclaim all occasion for gratitude be-
cause OF the pardon, maintaining that their treason
able acts justifable, and that the pardon was
volunteered insult. This is the hourly declaration
Of the Mormon leaders, and their whole conduct
evinces practical refusal to accept the pardon with
its conditions of loyalty.
When the Court met at Salt Lake City, a few
months ago, Judge SINCLAIR essayed an effort to
sustain the laws, and incidentally to compel the
Mormon infringers to accept the PRESIDENTS par
don in terms, if they desired to avail of its benefits
Accordingly he charged the Grand Jury that they
might find indictments against persons accused of
crime, regardless of the Presidents pardon proca-
nation maintaining that it would then devove the
accused to show that their crime was "treason" or
"sedition," covered by the pardon, and to plead
said pardon in bar of conviction. This charge by
Judge SINCLAIR has been made cause of complaint
against him, and his removal is threatened. 1t
may well be asked how else, than by the course
pointed out by him, could it be ascertained whether
any particular murder, arson, robbery an
act OF treason or sedition, and so covered by the
pardon? There could be no other way, unless the
simple assertion of the criminal is admitted to be
conclusive upon the point.
The PRESIDENT seems of opinion that he had the
perfect and complete power to pardon man before
conviction,-tO force pardon on him whether or
no, and thus fix upon him the stigma of guilt with
out giving him the opportunity even to show that
he was falsely accused. If he does not take this
strange ground, then Judge SINCLAIR must be right
and the formal, specific, individual acceptance of
the EXECUTIVE pardon by an accused party pleading
II In oar OF conviction, can alone perfect the par
don, and give it active vitality
The removal of Judge SINCLAIR because he had
the independence to construe the Presidents mean