New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-07-27
INTERESTING From UTAH.

Frozn Der Own CorreSpoBdeE:-
CAMP FLOYD, y. T., June 30, 1859.
Since the return of Chisf-Justice Eckes 10 ills
Territory, there has been a fun aud Tree consuta-
ton and interchange Of views among the federal
ofieers-wIth al the advantage to be derived from
the light Of lew Instructions from Wasaington-as
to the mode and manner of enforcing the laws OF
the land upon this stiff Deched and rebe ioas people
There are now in the hands of the United Ststes
Marshal more than 30 warrants against inhabitants
of this Territory accused OF capital crimes among
Others against the perpetrators OF the Wholesale
slauehter OF over hupdred men, women and chill
dreD. AT the Mountain Meadows IN the southern
mart of this Territory Abundant and conclusive
evidence of the direct and personal partlcDstion by
Leading Mormons in the southern settlements IN
this brutal butchery has been laid before the
Judge Of this District, and thereupon warrants
for their arrest have been placed in the
hands of the United States Marshal. detach-
ment OF our troops recently returned to Camp
Floyd from the scene of the Mountain Meadow
massscre. They found the ground strewed with the
bleaching bones of the murdered emigra lts, their
bodies having been left to be preyed upon by wolves
and ravens. One gentleman brought back with
him more than a bushel of human hair that be had
gathered FROM the ground-gray locks Of age, the
long dark tresses Of early woman, the curls oi iar-
barred Children. He brought with him, also,
number of skulls: some with round bullet holes IN
theIn and others with CHASTITY gasnes from the AK.
Quite large number of orphan children OF the
murdered emigrants some fifteen or twenty, are
DOW on their way to the States. Only those were
spared who were supposed to be too young even TO
bear testimony of the murder OF their parents and
relatives. The riDgleader Of the band which com-
united this fendish massacre is man by the name
Of John ID. Lee, who formerly lived IN Indiana.
Of ,y ofa
in the hands of the u. S. Marshal. He has for
msy notified the Governor of the Territory that he
is unable to execute them and called upon him for
adequate assistance to enable him to do So Cover
nor Cumming has heretofore strenu0usly commended
that it was not necessary to have recourse TO the
military power IL enable the federal Jndel1ry 70
administer the laws in Utah. At the conference
above referred 10, be undertook 10 vouch for the
appearance for trial of the parties implicated IN the
Mountain Meadow massacre. lt IL not doubted
that il was the intention Of the church authorities
at one time, that the parties accused Should 90
through the forms of d trial, and Governor Cum
ming who appears to be high in the confidence OF
the Mormon hierarchy s still willing to answer Tor
the appearance OF the accused, II Chef justice Ech-
els w pledge himself beforehand to abide by and
conform 10 recent act of the Territorial Legislature,
which empowers tribunal of their own creation,
styled County Court, to select the lurymen who
are TO serve in the Federal Courts. This act Judge
Ecbels considers it his duty TO disregard, for the
very sufficient reasons that the organic act ex-
pressly provides that all Judicial power in the Ter
TitOry shall be vested III Supreme Court District
Courts Probate Courts, aud Justices OF the Peace.
County Courts, which appear to have been created
for the express purpose of packing juries for the
Federal Courts, are nowhere mentioned IN the
organic act, and the three Judges upon consults-
ton consider it their duty TO disregard the exist
ence and action Of these socalled County Courts,
and will therefore, provide themselves win Jlrles
by rtnire facids addressed to the United States
Marshal. 1t is not at all probable that, even with
jures obtained in this way, any amount OF
evidence or stringency of law will ever en-
sure a verdict against any of the proteges
of the Mormon hierarchy. A Jury must be
unanimous TO find verdict of guilty and as long
as there shall be one Mormon upon Jury, that
unanmity cannot be attained. An attempt has
heretofore been made in an extreme case, that OF
the murder OF the deaf aud dumb boy by the police
man Christanson. No man on the Grand Jury,
connected with the Mormon Church, would even
vote for putting him upon his trial. and he has not
been indicted Ii is not supposed for moment
that the Marshal, in making up his jury list, Will
exclude from il the MOrmOns, who constitute tue
bulk of the population OF the Territory. IL may,
therefore be assumed as fixed fact that, no mat
ter what crimes have been committed III Utah,
nobody will ever be convicted in the Federal
Courts.
Among the Courts enumerated in the organic
act between which the Judicial power of the Terri
tory is TO be- distributed, are Probate Courts.
What portion Of the general mass OF jurisdiction
properly appertans to Courts of Probste Is matter
well settled in law, and il is equally well settled
that coppzance of crimes and olenses can never be
OF their competency.
Very recently man of the name Of Foy, Nor
mon, Was tried by the Probate Court Of San Pete
County on a charge of having murdered another
Of the Saints. He was convicted, and has been SEN
fenced IL be shot on the 9Th OF July All the
Federal Judges here consider the Probate Courts
totally without any lawful criminal jurisdiction,
and that 10 take life in pursuance OF their sentences
is simply murder III all concerned. In the case OF
Foy just mentioned, writ of habeas corpus has
been lssued by Chief-Justce Eckels, addressed 20
those having him in charge, and the Deputy Mar
sha Is hourly expected 10 make return upon II.
The CAGE Is certainly singular one. Courts which
can execute sentence cannot convict and Courts
which can convict cannot execute. We appear 10
be perpetuslly revolving in vicious circle here.
We are col stantly coming out OF the same hole We
go in at, aid then We 60 right IN again. The prob
lem Of civil government in Utah appears to be not
only &" how not 10 DO it. yourself, but also ' now
" not 10 let anybody else do it.
tn following singular provision be PAGE "a
the Revised Stst..re Of Utah:
Whcrevtr ry person ,as BE- convicted o. any crime the
Of death s.d p-f,ou shall BY rr .o
behesd,d III, LAY direct u he rr.ou on
PROJECTIONS or COLJMBLi COUNTY
Correspondence Of The n Y Tribune.
MEADOW B,NK, Columbia County, "
JtiN 10, l-Jq.