The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1859-05-03
You ~ sbsrsssrs discharged from further

nireiDg another grand jury.
For your services upon territorial business thu
clerk will Issue yon his certificates. For tbt
time YOU were engaged on United States busi-
ness the Marshall will pay you.
lit Is expected that this court II to be used
BY this community, az means OF protecting i
against the peccados Of sgentiles and Indians
unless this community will punish It's own mur-
dcrers, such expectation will not be realized. \
will be used for no such purpose.
When this people como 70 their reason, and
manifest disposition TO punish their own high
offenders, it will then be time to enforce the Law
also BY their protectection. If this court CANNOT
bring you TO proper sense Of your duty, u car
at least turn the savages in custody loose upon
you.
GOVERNOR CUMMINGS PROCLAMATION TO THE U. 8
TROORs.
Whereas, one company Of the U. s. Infantry,
under the command Of Captain Heth, is new
stationed around the Court House OF Provo,
where the Hon. John Cradlebaugh Is now hold
ing court, and eight additional companies Of
infantry, one Of artillery, and one Of cavalry,
under the command of Mayor Paul, are station.
ed within sight Of the Court House, and
Whereas, the presence Of soldiers has ten.
dency, not only TO terrify the inhabitants and
disturb the peace Of the Territory but also 70
subvert the ends of justice, by causing the in
Whereas, the movement of troops mas been
made without consultation with me, and, as
believe ID in opposition TO both the letter and
spirit OF my instructions; and,
Whereas Gen. johnson, commander Of the
military department of Utah, has refused my
request that he wonld issue the necessary or.
ders for the removal Of the above mentioned
| troops:
Now, therefore, /, Alfred Cumming. Governor
Il &C II L.
this my solemn protest against the present mil
itary movement, and also against all movement
Of troops, incompatible with the letter and
spirit of the annexed extract from the instruc.
| tons received by me from government for my
| guidance while Governor oftheTerritory OF Utah.
| Il. 8. In testimony whereof / have hereunto
set my hand, and caused the seal Of the Terri.
tory to be affixed. Done at Great Salt Lake
City, this twenty seventh day of March, A. D..
eighteen hundred and ffty-nine. and of the In
dependence Of the United States the eighty
third. ALFRED CUNNING.
by the Governor:
JOHN HARrNErr, Sec'y of State.
JUDGE cRADLEBAUGH's REPLY.
| Copy OF remarks delivered by Judge Cradle
baugh, Of the I'd Judicial District, from the
Bench of Provo, on the 80 March, 1859, in re-
ply to the Proclamation Tor Protest) of Gov.
Alfred Cumming
! have received a document from Alfred
Cumming, Governor of this Territory which,
in its heading purports to be Proclamation,
while in the body of the document it would
| seem to be kind of Protest.
Instead Of being addressed to the General
commanding the DEPARTING mt Of Utah, it seems
to be intended for the public at large Taking
'he who'e thing together, it seems TO be design.
ed to exasperate the Territory against the
trOODs to Ohstrrct hn courSa Of n,,kt;, ;,,,.;.~
and to excite INSTRUMENTATION in the army
In this document Governor Cumming speaks
OF company of United States infantry being
stationed around The Court House, in which /
am now holding term Of the District Court;
one OF artillery, and one of cavalry, being sta
toned in sight of the Court House He also
says that the presence OF these soldiers has a
tendency not only to terrify the inhabitants,
but also TO subvert the ends OF justice, by eaus-
ing the intimidation OF witnesses and jurors
lie says that this movement of troops has been
made without consultation with him, and against
the letter and spirit of his instructions. la re-
gard to his statement that the troops are sta.
toned around the Court House in Provo, have
only to say that the assertion il not true They
are stationed near the Court House and on one
side of it.
The additional troops referred to as being in
sight OF the Court House, are at least four miles
distant. This assertion must have been design
ed to create a false impression as to the relative
situation Of the Court House and the troops
In regard to the inhabitants being terrified BY
the presence OF troops, il is proper to say that
many OF them are very mnch annoyed by their
being here at this time; bur those who seem
to be stricken with terror have fled the country,
on account Of crimes committed by them. and
the fear OF just punishment for their offences. |
Among them are to be found several OF the
Jurors, Presidents of 'St Bishops and |
also Civil Officers of the Territory.
IL Is, perpaps, proper TO say that the Grand |
Jury was selected by the County Court, under |
recent act of the Legislature of this Territory.
which was signed and approved by the Cover
nor, and that several notorious criminals were
numbers of it.
That none but those who are conscious of
guilt are under the influence of fear, is mani
tested by the fact that, at all times when the
Court is in session; the Court room is crowded
by hundreds OF citizens.
The assertion that witnesses and Jurors are
or have been inundated byth e small military
detachment near the Court House. is without
foundation; which the real fact is, that 1 itness
es have been threatened and inundated by the
very inhabitants who are said to be so much
terrified. To such an extent has this been car
RED, that witnesses who appear and testify on
behalf OF the prosecutor, are compelled to
seek safety under the protection of the troops
hat are here, many of them having signed a
5etition requesting that the troops shall not be I
emoved, and representing that their security {
md safety depended alone on their presence {
In regard 10 the statement that the troops are s
lere without consultation with his excellency. I
he Court has yet to learn that il is subseryent
0, and cannot act under Executive dictation.
THE FEDERAL COURTS PowERLEss IN UTAH '
From the Valley Tan, March 29thl
We reiterate what we have before asserted
nd the proceedings at Provo confirms it, that '
be Federal Courts in this Territory are power
ess. Let this go to the States, aye! to the au-
horities at Washington, for it is true to the
cry letter, and it can be shown, not only BY the +
eclaration OF all the civil officers of the Gov o
rnment, but by the testimony of hundreds be- i
de; we will abide the issue in this attempt OF /
this people," to bring the Federal Courts, not
My into contempt here but in the States Ifa
old and fearless discharge OF sworn duty is tt
} De the subject Of complaint, let them make n
, We know one thing, that whenever either Il
ldse Cradiebaugh or Sinclair 60 under, that n
oment u nali Is put into the coffin OF the Ad- o.
Illustration, public sentiment will not tolerate
but We apprehend no such result. Both the r,
ldges are prepared to take the responsibility. e,
I'd ii it should be deemed necessary yindicate o.
cir official action before the authorities at g,
ashington, and the public at large. "
We make these remarks because it is noto-
Gus that there was time here, when Federal
'dses were almost dragged from their seats
10 threatened with violence things are -
anGed now, and we ask why? II is the h'
essence OF those very troops, about whom IT
ey pirate SO loudly, that keeps ,them in res y
lint, otherwise, there would be no telling IN
lat would be the tate of Judges Cradlebaugh nt
q Sinclair, although shrewd guess could be "
lde. at
AN ILLINOIS Coal MINE on FIRE.-Three VI
eks ago 4last Wednesday the coal bank of III
! Isaac T. johnson, north of Canton, was ri
ea Dy person or persons unknown, although
informs US, he strongly suspects who did il,
e coal was fired seven hundred feet from the
'uth OF the bank, and at depth of forty-fye -
= from the top Of the ground, in one OF the =. ~
oms OF the bank, by taking in grease and tar. -
was judged by the smell issuing from the :.
zee. Mr.. johnson built a wall st the entrance -
Wnly fnnfI