The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1859-12-24
TIN MlTNTAIIRER
enrAI sALI lAkF CITh
sdTUHD1E DEckMBtas Il. IS


message, when once DeEOke ing Ils'Vt ,ir0y
becomes public property, and y law
fully subject to public review. We
have heard il read, and have read Il
several times carefully and with some
small degree Of critical study. With
the message On On average VIC are
pleased There are some things HI ii
that deserve q little comment; and
some matters referred to, upon which
the public interest demands an cx-
PLANTATION. We take the liberty, then,
calmly and in 4 kind and friendly
spirit, to review tho instrument, passage
BY passage.
The message Is introduced with q
complimentary eongratulation 10 the
citizens upon their general peace and
industry. The congratulation, how
ever, is modified By . stigma; and the
inhabitants of ssthis city and the village
ofFairfeld, aremadep peculiar ndstrik-
ing exceptions to the general character.
His Excellcncy Is not inclined to
useless ysrbosity like ourselves, Or he
would have stated the causes for the
exceptions made; and how and BY
whom tho disgfacefnl t'mnrders and
other acts Of violence we're perpetra-
! ted. He might, il so inclined, have
said TINT he found Utah III peace, a
law-abiding community; that IS, 50 far
as our opinion goes, and We had d good
chance 70 judge: the revolver unneedcd
II an evening promenade, and the
bowie knife laying dusty and unused on
the shelf. Certainly our situation at
that time was somewhat peculiar, but
FOR the circumstances and causcs Lead
ing othat popularity Of situation We
have ever held ourselves ready to an
swer, and Of none of tho public acts Of.
Utah have We cause to be ashamed.
His Excellency might hare con-
tinued and said that, in his rear,
although without bis patronage, came
atrain Of vagabonds, protected intheir.
gambling and rowdyism by tho tcrrors
Of federal ornaments; and that there
s..r- { !. - Z i s
were the causes and Introduction Of
the crimes towhich he referred.
Communities, ii is true, are more or
less to blame for the committaI Of
crimes sswith IMMUNITY IN their midst"
But surprising that those communities,
proportionately small in their numbers,
have forcibly palmed upon them the
yagabond ofscourings Of the universe,
with an unconcealed intention of break
ing up social relatiOns, and introducing
anarchy and disunion; where then does
the dishonor nestle2 Not surely with
the imposed upon and wronged acom-
nunities.'' And, 50 far as sdefciency
Of finances Is concerned, would it not
be more strictly just for the general
government to furnish the necessary
funds to punish and take care OF their
own scoundrcls?
The remarks OF His Excelleney on
the subject of Probate Courts were
very good and rational. But wherein
can be found o Legislative remedy?
The Legislature has taken its position.
That position is a legal and tcnablc
one. The words saimited by law,1
could not fairly be construed otherwise
than in reference to the Limiting
powers Of the Territorial Legislature.
What honest claims can be made upon.
the Legislature, requesting it to carry
to the most venerable and right-honor,
able Judiciary Of Utah any one or allof
their acts, and erouchingly ask for the
Judicial sanetion2 The Legislature
has provided remedies FOR all abuses in !
the lower courts. Appeals, writs Of
error; every necessary legal refuge is
provided for. But this would be 4
transposition with . Vengeance. The
judicial power is and ever has been.
the creature Of legislation That fact
is fixed, and the assumption Of :exhaor,
binary and unlawful privileges by the
Judiciary or any part Of them cannot
change i. In our opinion the proper
course for the Legislature is to. attend
to the duties OF their own particularde