The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-30


Parrish case and for some cause you refuse 70 40
anything Your duty s 10 ind bills when there IS sun.
eest testimony 10 ssy you h ., rDs % vow has
given you time has endeavored 10 be patient tnat you
might have ample opportunity to do your duty Inc
and enforce the law have other purpose or
motive. 10 the desire of this community that per-
sons guilty Of crimes .ha be screened and that high,
notorious crimes shall be covered up it will have TO be
done without the aid OF this Court Should my govern
ment desire such things they must send some other per-
son than the who presdes In this judicial district
position persons hold either civil ecclesiastical If they
Offenders 10 justice. BY legislation have jails,
10 support isoners no means Of paying witnesses
or or oiner Sacers 81 TINS 81 s would seem
prevent the due administration Of justice. was these
considerations that induced the Court to desire you
to expedite the duties devolved upon you. The
Court feels that 1t has discharged Its duty; 1t
has furnished you every facility for discharging
yours st you make no report 70 continue you ioagef
neither BIO promoted or benefited by H. You are there
fore discharged from further service The Court will think
Of the propriey Of venrang another Grand Jury For
your service upon territorial business the clerk will Issue
you his certificates For the time you were engaged on
expected that this Court is to be used by this community
Of protecting II against the pecados Of Cen
tiles and Indians unless this community will punish It's
murderers such expectation will not be realized 1t
will be used for no such purpose When this people
IL cir reason, and manifest disposition to punish their
high offenders will then be time to enforce the law
also for their protection II this Court bring to
proper aense OF your duty il can at leas. turn the
sRvages in custody loose upon you.
PROTEST By THE GRAND JURY.
Provo Cry, Utah County, |
Territory OF Utah, March 20, 1859
We, the undersigned, having been lawfully summoned
as Grand Jurors for the second Judicial district of the
Territory Of Utah. and having been summariy and insult
ngly discharged by the Hon. John Cradebaugh, United
States Associate Justice for said Territory while in the
aithfu and digent performance OF duties sworn
inquest do hereby enter solemn protest against the
language and conduct OF the Aforesaid Judge Cradebaugh
addressed and ufed towards us at the time OF our dis
charge. We surrounded in deliberations in
Jury by detachment Of the army and army officers
quartered within hearing Of the evidence Of witnesses
while being examined by We presented indictments
for against tho laws Of the United States Our
indictments treated with contempt and the prison.
ers indicted have been liberated without trial. Witnesses
subpunaed be examined by have been trcacaerous
y arrested and thus have been deprived Of their evil
Ssns being mus by ns
to faithfully discharge duties, when we were dis
mlsaed by his Honor with ssaaerous aud insulting
harangue. JOHN kEdS, Foreman
In behalf Of the jury
MEMORIAL AND PETITION TO GOVERNOR CUMMING.
To HIS ExcErIENoy ALFRED CUNNING, GovEaNoR OF TnE
TERRITORY OF UTMi:-
pecuy represent that the Hon John Cradebaugh Asso
sociate Justice of the Supreme Court Of tho Territory Of
Utah and exoco Judge Of the Second Judicial District
commenced holding term Of court in Provo, Utah
county, U. t. the 9Th day of March, A. d. 1852 by
what law to the time and place, of the United States
Of this Territory us unknown to memoriasts or
in the Statutes at Large, chapter cxxv, section five of
act amend the acts regulating the fees and
other judicial expenses Of the government in the States,
Territories and District Of Columbia; and for other pur
poses" approved August IT, 1885, ind that Congress
enacted the Judges Of the Supreme Court in each OF the
At their respective seats Of government, fix and ap
point the several times and places Of holding
the sew, courts in their respective districts
which is all the law upon that point that we have
been made cognizant of and from page no Of No q.
D. Eckels and Associate Justice G. f. Sinclair ia &C.
cordspce with said law did, In August last meet in Fill
more city, then ruled by them the seat of govern
for this Territory and fix and appoint the several
times and places OF holding the several courts in the
three judicial districts Of this Territory fixing and ap
pointing the time and place for the judicial district In
which Judge CradIebaugh s now holding court, as fol-
lows
Second District Court will be holden at Fillmore city
the first Monday in November, by Mr. Justice Cradle
baugh and obvious that the 9Th Of March the
&c first Monday in November" neither s Provo the
site Of Fillmore city. Judges Eckels and Sinclair also
thDy days If the business shall require !t;' Congress
Statutes at Large chap esv approved P June H.
horized to hold court within their respective Districts
the counties Wherein by the laws Of said Territories
courts have BEEN may be established purpose
Of hearing and determining all matters and causes ex
that the expenses thereof shall be paid by the Territory
the counties In which said courts be held aud the
So bos
law, for he il examining matters and causes" Z" in
which the United States s party and in section q
chapter Kill Statutes at Large, approved July $780,
find That the presiding Judge Of any Circuit Court may
at his discretion appoint special sessions thereof to be
held at the places where the stated sessions thereof are
hodep but at such special sessions are prohibited fro
"trying any cause by jury" Now, were such dscre
ton allowed Judge Of any district court which have
not found, it would still preclude the court in question
since has both grand and petit jures in its employ
Having thus briefly and plainly cited ali tho law within
Of Of . We s
Provo by Judge Cradlebaugh, 70 your Excelency and
Iurther respectfully represent that, upon a reqasou
States troops was marched from Camp Floyd, and
halted at the building provided for the accommodation
of the court and in which said Judge the time
verug his charge to the Grand Jury and subsequently
and still, SO far know, encamped adjacent TO and
the officers chartered 10 said building proceeding alto
geher contrary 70 the spirit and letter Of President
Buchanans late message to Congress- wherein be states
81 am happy 70 inform you that the Governor and other
civil officers Of Utah are now performing thr appropriate
functions without moestason The authority OF the
sttuon and laws has been fully restored, and pre-
express understanding with the Peace Commissioners,
made pubic in Provo by Governor Powell June &c. 1858
when he stated TO four thousand citizens then
there assembled, that whic he president Buchanan
claims and will exercise the right send the army where
he may please his object not TO make encamp
any OF your cities Johnston told me that
he did not wish his army to be stationed city y
and contrary TO just legal necessary require
meIt for, Notwithstanding Judge Cradebaugh, in his
reply OF March 1859 TO the petition Of the Mayor snd
City Council Of Provo for the removal of said troops stated
that they there o and support prisoners
the teffHorlG abd county olucers aeudug court and
holding commissions from your Excelency, promptly in
formed the Judge that they were ready and amply able
and responsible for the arrest secury, and forth
coming OF all persons ordered TO be arrested.
Troops were ordered to accompany your Exceency and
other civil officers TO Utah posse contus under the
influence Of statements that the Territorial library and
court records had been burned, District Judge ntim
pated upon the bench and government officers driven from
this Territory the facts concerning which statements your
own personal observation fully enabled you to make
known 10 patton at an early day after your arrival
thereby officially precludipg particularly since the date
Of the Peace Conference in june last any requirements
upon the army Utah, save TO protect the citizens the
malls and the emigrants from moestaon by Indians
within borders, at least until resistance should have
been Offer ed TO thu execution of any law the order
any court civil officer, which, grataed in being
able TO state, has not been done.
Gov. Powell, at the time and place aforenaued said
1.-THE federal government demands nothing Of you fellow
citizens, which docs not require Of the inhabitants
every State sDd Territory in the Unon that you shall be
obedient to the laws Of your country that you will respect
the civil authority and that its officers shall be received
by you and enter the discharge Of their duties upo
lesed" Wherein have we failed IN complying with those
requirements to the very letter. Not in TITLE but
have them bnrpc IN