, 1859-04-28

offenders, it will then he time to enforce theEaw
also for their protection. If this court cannot
bring YOU to proper sense OF your DUTY, II can
Mt least turn tue saraSes In custody loose upon
you.
GOVERNOR CUMMINGS PROCLAMATION 70 raE r. s.
TROOPS.
H1reas, one company Of the U. s. Infantry,
under the command of Captain Heth, is now
stationed around the Court House at ProTo,
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
cd within sight Of the Court House, and
lFhsrtas, the presence Of soldiers has ten,
dency, not only to terrify the inhabitants and
disturb the peace Of tue Territory, but also to
subyert the ends Of justice, by causlng the H.
timidaton Of Witnesses and jurors, md.
ttAereas, the movement Of troops has been
made without consultation with me, nnd, assl
believe is III opposition to both the letter and
spirit 0 fmy Instructions; and,
Hher<as, Ten. Johnson. commander oil tue
military department Of Utah, has refused MY
request that he would issue the necessary or
ders for the removal Of the above mentioned
troops:
Aor, Therefore, /, Alfred Cumming, Governor
Of the Territory of Utah, do hereby publish
this my solemn protest agulnst the present mil
itary movement, and also agninst all movement
Of troops. incompatible with tue letter and
spirit Of tue annexed extract from the instruc-
tions received by me from government for my
guidance while Governor Of the Territory OF
Ctuh.
IT, 81 In testimony whereof, have hereunto
set my hand, aud caused tue scat Of the Terri
tory to be affixed. Done at Great Salt Lake
City, this twenty-seventh day Of March, 4. D.
eighteen hundred nnd fifty -nine, nnd Of the In
dependence Of the United States the eighty
third. ALFRED CCMMlNC.
By the Governor:
JoHS HAnrSE1T, Sec'y Of State.
JrDGE cRApLEBArGH's REPLY.
[Copy Of remarks delivered By Judge Cradle
baugh, Of the cd Judicial District, from the
Bench in Provo, on the 80 March, 1850, in re-
ply to the Proclamation (or PROTEST. Of Gov.
Alfred Cumming.]
| hare received 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 Department Of Ctaf,, it seems
TO be intended for the public at large Taking
the whole thing together, it seems to be design
ed to e1asperate the Territory aGains, the
troop, to obstruct the course Of public justice,
and 10 excite insubordination in tlc army.
In this document Governor Cumming speaks
of d company of United States infantry being
stationed around the Court House, in which |
uni now holding term Of the District Court;
one Of artillery, and one Of cavalry, being sta
toned in sight Of the Court House, lie also
says that the presence Of these soldiers has a
tendency not only to trrrify the inhabitants,
but also to subvert the ends Of justice, BY caus-
ing the intimidation Of witnesses and jurors.
De says that this movement Of troops has been
made without consultation With HIM. and against
the letter and spirit Of lis instructions. In re-
ff1 fufaF fh,f +f,A
TONED around the Court House at Provo have
only 10 say that the assertion IL nut true. They
are stationed near the Court House, and OH one
side of it.
THE additional troops referred 10 Us being il,
sight Of the Court House, ut least four miles
ed to create falae impression as 10 tho relative
situation Of the Court HoEs'' ind the troops.
In regard to the inhabitants being terrified br
tue presence Of troops, it is proper to shy that
many Of them are very much annoyed by their
being here at this time; but those who stem
to be stricken with terror have lied the country
on account Of crimes committed by tlem, and
the fear Of just punishment for their offences
Among them are to lc found several Of the
Jurors, Presidents Of "St:kcs," Bishops and
also Civil Officers Of tue Territory.
1t is, perhaps, proper to say that the Grand
Jury was selected BY the County Court. uuder
u recent act Of tho Legislature Of this Territory
which was signed aud approved by the Cover
nor, and that several notorious criminals were
members of it.
That nunc but those who arc conscious uf
guilt are under the influence Of fear, is nani-
Tested br tue fact that, ut all times when the
Court is in session, the Court room is crowded
BY hundreds of citizens.
The assertion that witnesses and jurors arc
or have been intimidatcd by the small military
detachment near the Court House, is without
foundation while thu real fact is, that witness
Is have been threatened and lntinnidaicd i,v the
very inhabitants who said to be so nucil
terrified. To such I'm extent las tllis breI car
rcd, that witnesses who appear aud testify Oh
behalf Of the prosecution. are compelled to
seek safety under the protection Of tile troops
that are here, many Of them having signed Il
petition requesting that the troops shall not BE-
removed, and representing that their srcurity
and safety depended alone on their presence.
In rcgurd 10 tic statement that tie troops are
here without consultation with his cxcrlicncy,
the Court has yet to learn that it il subServient
to, aud cannot act under Executive dictati"n.
TuE FEDERAL corn7s rowEnIE*:s IL rT.n.
1fr'1n t}te Valley Tan, MarcA e..L.l
We rciterate what we have before asserted,
and the proceedings at Provo confirms it, that
the Federal Courts III this Territory are power
less Let this 80 to the States, aye: to the au-
tloritics at Washington, for it is true to the
very letter, and it can be sbewn, not only by the
Ne@t+A4 'A4atH VI A1l tIt IIl HHlCetH VI Nt N0f-
ernmcnt, but by the testimony If hundreds be-
side; we viii abidr tho issue in this attempt Of
"tEis people" 10 bring the Fedora: Courts, not
only into contempt here, but in the States. If
bnld and fearless discharge Of sworn duty, is
~ be the subject Of complaint. let them MAKE
il. We know onc thing, that whenever either
Judge Crad'cbaugh "r Sinclair 90 under, that
moment i nail is put into the coffin If tue Adj
nIlnistratlUn, public sentiment will not t"rr4tr
it, but we apprel.end no such result. l}"'1. tue
Judges are prepared to take the responsibility,
ana if it should lie deemed necessary yindicutt.
their official action before the authorities ut
Washington. and the public at large.
We make these remarks because it is notori-
ous that there was Il time here. when Federal
Judges were almost dragged from their seats
and threatened with violence; things are chang
cA now, and we ask why: II is the prcscuce of
those very troups, nbout whom they pirate 50
loadls, that keeps them in restraint, otherwise
there would be no telling what would Lc the fate
of Judges CradlebauSh and Sinclair, although
LsErn IA t,,n+