New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-30

PROTEST OF THE GRAND JURY.
The following is the Grand Jury's Protest agains:
the untimely and dishonoreble discharge by Judge
Cradlebaugh:
We, the undersigned, having been lawfully sum
moDed a. the Grand Jurors for the Second Judicial
District IF the Territory Of Utah; and having been
summary and insulingly discharged by the Hon.
John Crsdebaugh United States AssOciate Justice FOR
said Territory, while in the faithful aud dlgent per-
Torrance Of cur duties as sworn inquest do hereby
enter our solemn protest against the language and con-
duct Of the aforesaid Juage Cradlebaugh, addressed
and used toward us at the time Of our discharge.
We were surrounded in our deliberations in our jnry
room by detachment Of the army and army officers
quarered within hearing of the evidence Of Witnesses
while being examined by us.
We presented indictments for offenses against the
laws Of the United States. Our indictments were
treated with contempt and the prisoners indicted have
been liberated without Trial. Witnesses subpened 10
10 be examined by have been reacherousy arrested
and thus have we been deprived Of their evidence
notwithstanding being thus trammeled by the Court,
we have honored our oath and were endeavorng TO
faithfully discharge our duties when dismissed
by his honor with sanderous and insulting harangue.
Prose City Utah County Territory Of Yah MsJch e la
In behalf Of the Grand jury
To the Hon JOHN CRADLEBAUGH Associate Justice Of The 81
pene Court and ciO Judge Of the I'd Judicial Drc; for
tL- Territory Of Utah:
Your letter of the 18th inst. is now before us in re-
ply to the request Of the Mayor and City Council of
this city, in regard 10 the removal Of the detachment
Of the United States troops that at your request arc
now CHARTERED in this city, and are occupying part VI
the building used for n courthouse.
You observe that the matter Of the troops being
brought TO this city duly considered before il
determined upon, and that il matter of necessity
TO have them IN attendance for the purpose of secu-
ring prisoners; that necessity, understand, con-
sisted in guarding five prisoners, two Of whom, we
learn have been discharged.
Either the Sheriff and municipal authorities and
prepared to secure and safely protect any number
Of prisoners that there any probability of being
held in custody by your Court.
You speak Of our not having any place Of cOnfne-
ment. This, We assure you, Is a mistake; We have
place prepared for that purpose And should the
county Territorial officers arrest prisoners, the Off
Of the city county will abundantly provide for
their security wants and necessities There is there
FORE necessity Of the United States troops being
stationed in and around the Court-House.
Had your Honor conferred for moment with the
authorities OF the county or city, in regard TO the care
Of prisoners, you would not have asked the com
mandipg General fer detachment of troops Tor that
purpose.
Whatever may have been the object Of clothing the
Court with military escort has the most dangerous
tendency; usurps the functions OF civil officers per-
forms the duties the law never designed for the army
and renders null and void the civil offices that have
been appointed by law presents the Judiciary to the
people in the light Of military inquistiOn The hves
and liberties Of I'LL persons accused are Jeopardzed by
the examination Of witnesses aud action of jurors under
the influence OF military nquisition. Ii II causing
the city unnecessary expense. We have been under
the necessity of doubling the police force and exerting
ourselves TO prevent indignant citizens from doing vio
lence to the soldiers and this has cost us three times
much il would TO have guarded all the prisoners
aside from the unavoidable injury Of OBTAINING agricu
turists from their pursuits at season when prepare
tions for seeding are Of the utmost Importance But
these minor considerations compared with the estab
hshmeut Of military judicial administration, hitherto
unknown in the annals of Freedom. Should such al
order Of things continue, have reason To fear that
the time is far distant when witnesses will be sworn
of haY .ip oft he the
the sword.
Perhaps your Honor is not aware that those quiet
orderly soldiers, of whom you speak, have been
troublesome to the citizens of this city, and that
eral unpleasant circumstances have already occurred
between the citizens and soldiers.
Is your Honor that several soldiers have been
arrested drunk in the streets, aud the police not wish
ing to bring stain upon your honor escort by putting
them in iail have quietly taken them to their quar-
ters and delivered them TO their officers! We would
also call your Honors attention to circumstance that
took place the evening of the lth ns when, had
il not been for the nterposon OF the City Marshal III
all probability, several persons would have been hurt
il not killed.
is your Honor aware that of those orderly per-
sons Of whom you speak, caught the Marshais horse
by the bride and endeavored to prevent him from
auelling row Some of the soldiers have been
caught by the city officers in the act of attempting Ia
break into houses in the night These well known
facts, that can be proven by many witnesses.
However, much admire the talent, experience,
skill and military attainments of the officers and the
bravery and discipline of the men, ii must be regarded
as n very degrading appreciation OF then gallanlry
and the high position which their military Career has
given theni, to use them IA county lal-a walking
calabooss. And we believe that all experience has
proven that the introduction Of soldiers into cities or
villages has lad uniform tendency 10 produce hostile
feelings.
Your Honor SAYS that "good American citizens have
no cause TO fear American troops the gallan.ry CT
our Cicers the discipline and bravery Of Cur soldiers
have rendered our armies terror ~ the enemies Of
liberty throughout the world; but when through pre)u-
iudce, political intrigue, speculative selhshness, or
other causes those gallant arms are placed IN posi-
ton 10 intimidate American citizens why should they
not fear
Honored Sir when our gallant army, or any portion
thereof, is degraded by any cause whatever, from
have given it, as the of national defense, to the
low station of supplauting the civil power, 1t must
most certainly be feared by every American citizen,
not blind 10 the perpetuy Of our national institutions
As beginning, single corps, hghy honoTed LOT It's
discipline the superior skill and scientific attachments
of its officers placed out Of lie constitutional sphere
10 perform the duties of sheriff marshal aor, the
military power then supersedes the civil, in limited
degree TO be sure but military power seldom retro
grades and Jurors are controlled by them; the Court
follows in the wake-that bulwsrk Of human liberty
an independent hichminded judiciary, sustained by
the people IL thus snnihilaed-the legislative ana eA-
eCu;iVt departments soon overcome ana the sword
OF julius Caesar puts an end 10 the whole iaonc oil
liberty.
Weak, YOUR Honor, why should no. all good AmeTi-
can citizCus be afraid
For these and many other reasons we beg leave re-
specially to renew our request.
With high consideration ard esteem, we respectfully
subscribe ourselves, your mos. obedent servants,
b. h. BULLOCK, Mayer,
In behalf OF the City Council
MARRIED.
ANDERsoS-FRAzrR,oI Thursday nlorqias API 2 y ,Ae
Rev Edwin ?. Hatfield u. d, Andrew Andersen % Lizzie