New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-30
THE UTAH DIFFICULTY.
ADDITIONAL DOCUMENTS.
MEMORIAL AND PETITION.

ss s represent that the Hon. John Cradle
S.rgh Associate Justice OF the Supreme Court Of the
gsy,ory Of Utah and OK offcio Judge Of the Second
i.d;cial District, commenced holding term OF Court
1850 Utah County, u. T., on the 9Th day Of
T,ob A. d. 1859 by what law, "a 20 time and place,
T,bs United States OF Of tins Territory is unknown
=. yonr emorasts for IN the statutes at large chap
s.1'CYYIy section ), Of " An Act ~ amend the acts
.is,,no the fees costs, and other judicial expenses
..3,he Government in the States Territories and
.Ti;Trict Of Columbia, and for other purpose ap-
- Arc i6 1856 we find that Congress enactcd
Ty. he Judges II the Supreme Court in each Of the
4. I,.,nIes or a majority Of them shall, when as
..embled al their respective seais OF government,
.f and sppoin; the several times and places OF mold
O., ,he .sveral Courts in their respective Districts
s Uni, the duration Of the terms thereof" which
- ,be law upon that point that we have been made
a,,.nt of; and, from page ll9 OF No u, vol. VII.
Of Tk> Desera heTs we ,eaIn 'n@' eneI JGs'iGe ~
~,dsrce with said law, did in August last, meet IN
S5i,roore City then ruled by them to be the seat OF
aysrpmert for this Territory, and TX and appoint
m .everal times aud places OF holding the several
C"rts in the three Judicial Distrcts Of this Terri
- 6,iro and appointing the time and place for the
In5,eal District in which Judge Cradlebaugb is now
ksldng Court, es follows; $3.50
- second District Court Will be holden at Fillmore
(ay on the first Monday in November, by Mr.. Justice
Crsd4baugb" and il is obvious that the oth OF March
!. no. the first Monday in November, neither Is
Provo on the site Of Fillmore City, Judges tcSeI'
Ard Sinclair aso limited that each term OF Dis
trr, Court will be for thirty days If business require
10 Congress Statutes at Large, chap. CLAW, ap-
moved June IL, 1888 enacted THAT the judges OF
The Supreme Court of each Territory OF the United
States are hereby authorized to hold Court within
their respectye districts in the counties wherein, by
"the laws Of said Territories, Courts have been or
NAV be established for tho purpose OF nearing ana
detSrmuing oil matters and causes, except those IN
which the United States IL party, PROVIDED That
"the expenses thereof shall be PAID by the Tern
tory or by the counties in which said Courts may be
"heid and the United States shall IN no case De
4 III. f,,.af. hopfy III
not be holding Court under this law, for he II exanin
inc matters and causes " in which the United states
is party" And in sec. chap. XLlli, Statutes at
Large approved July T. 1870, we find: That the pre-
siding Judge Of any Circuit Court may, at his Dis
oreti0p appoint special sessions thereof to be held
at the places where the stated sessions are holden;
but at such special sessions prohibited from try
" ing any cause by jury Now, were such discre-
ton Above Judge Of any District Court which We
have not round il would still preclude the Court in
question since it has both grand and petit jures in its
employ. IA, III A.. H..
within our knowledge, pertinent to the subject, we
submit the question Of The legality Of the court
being held in Provo by Judge Cradlebaugh TO your
Excelleney and further respectfully represent that
upon a rcduisition by Judge Cradlebaugh, detach-
mept Of United States troops was marched from Camp
Floyd and halted at the building provided for the ac
comnodatiOn Of the court, and IN which said Judge
was at the tine delivering his charge to the Grand
jury and subsequently and STILL 40 far a. we know,
said building proceeding altogether contrary TO the
spirt and letter of President Buchanans late message
~ Congress, wherein be states II am happy TO IN
form you that the Governor and other civil officers
of Utah now performing their appropriate func
" tons without mOlestatiOn. The authority Of
:" the Constitution and laws has been fully
restored, and peace prevails throughout the
"TenitoTy" directly contrary TO an express uu-
6erstandng with the Peace Commissioners, "a
made public in Provo by Gov. Powell June It, 1888
when he stated TO four thousand citizens then aud
there assembled, that while he president Buchanau
"olams and win exercise the right to send the army
wherever he may please his object not TO make IN
"encampment in any Of your cities. Gen. Johnston
told me that he did not wish his army TO be stationed
"near sity and contrary to any just, legal or even
necessary requirement, for, notwithstanding Judge
Cradebaugh, in his reply If March II, 1859, 70 the
petition of the Mayor aud City Council of Provo Tor
the removal of said troops stated that they were there
" to secure and support prisoners the Territorial and
County Officers attending Court and holding commits
sious from your EKcelency, promptly informed the
Judge that they were ready and amply able ana re-
spopsible for the arrest security care and torthcOm'
ing of all persons ordered to be arrested.
Troops were ordered TO accompany your Excelency
and other civil officers 10 Utah, posse comltaus,
nnder the influence of statements that the territorial
bbrary and court records had been burned District
Judge inuiidated upon the bench, and Government
officers driven from this Territory the facts concerning
which statements your own personal Observation fuly
enabled you to make known to nation at an early
day after your arrival thereby officially precluding
particularly since the date of the Peace Conference in
June last, any requirements upon the army IN oai
save to protect the citizens, the mails and the emil
grants from moestation by the Indians within our Dor
ders al least until resistance should have been offered
o the execution Of any law or the order o any court or
civil officer, which, We are gratitied in being able TO
state, has not been done
Gov Powell, ST the time and place aforenamed, sad
"The Federal Government demands nothing OF you,
fellow citizens which II does not require OF the IN
babtants O. every State and Territory in the Union
"that you shall be obedien TO the laws of you're oun,
o hat xs.n fla nNil
that It's officers shall be received by you and enter
cor the discharge Of their duties unmoested.'
Wherein have failed in complying with those re-
quirenents to the very letter Not IN one tttie but
have gone beyond them and Increasingly borne the
cuartering of troops in and around court ransactng
territorial business in peaceful city amply supplied
with civil officers for the fuitnent ofevery legal re-
quiremeDt And President Buchanan, IN HIS hessage
before quoted from, states that These gentlemen
4" (Meesrs. Powell and McCulloch, the Peace Commits
sonersl conducted themselves to my entire satlsfac
ton and rendered useful services in executing the
"humane intentions of the Government. 1t also al
" iords great satisfaction TO state that GoVefhor
Cumming has performed his duty In an able ana con-
"Chatory manner and with the happeSt effect.
Aud now, notwithstanding the humane efforts and
labors of Col Thomas l.. Kane and your E1cellency,
~ highly and justly commended by the Chief Enecu-
tive Of our Nation, notwithstanding the Presidents
proclamation of April g. 1853, and the consequent re-
suits of the Peace Conference in G. s. l.. City in June
last so satisfactory to both parties, and the agree
ments OF which have been SO scrapuousiy oosetNeu
by Utah could il have been presumed that District
Judge would 60 back of all these facts, 30 widely
known and so highly appreciated by every patriotc
lover of his country and humanity, and take advan-
a. Harvey bearing the ancient date "New-fork,
June 20 1857 and call upon the military TO surround
his Cont and Jury-rooms with bayonets iet such
is the fact when those same instructions and follow
ing the authority above alluded 10, and which, per-
hsps, has been neglected to be rescinded, we read
"whil Won tGen Harvey are not 10 be and cannot be