Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-05-03

tins can reach you, perhaps, that an issue has
oeen made by the Governor of this Territory
and our General (Johnston) with regard to a
movement of troops from here recently. to
Provo, little town about forty miles distant,
where Judge Cradlebaugh is now holding n
session of his L. s. District Court
The facts are briefly these, and / desire to
put you In possession of them thus carly that
you may communicate them to all the ffiends
Of Gen Johnston in Washington
Judge T., who had been living with us here
determined 10 hold n session of his court in
Provo, and, If possible, bring to Justice some Of
the MOrmOns who had been concerned, under
the orders of the Church officials, in the barba-
rOus and atrOcious murders and robberies of
tho Parish family and others as well as the
wholesale and cruel butchsry and plunder Of
the Arkansas emigrants at Mountain Meadows,
In revenge as it is generally supposed for the
killing of Farley Pratt, in Arkansas about two
years ago; some OF the witnesses of which had
from bodily fear, sought protection in our camp
several months since. We had several culprits
IN prison here for stealing public animals and
one man IA Mormon) for enticing soldiers to de-
seri; and to guard these prisoners and to pro-
tect these prisoners from Mormon violence the
judge asked and received a company of troops,
under the command Of Capt. Heth This was
necessary. as no jails exist in tho Territory for
the safe keeping of prisoners and no provision
IL made by the Legislature for their support or
the necessary expenses Of their trial. Besides
officers Of justice-such as sher1ffs constables
Dc, could not be trusted where the SAINTS
were to be prosecuted. Nor are they to be re-
lied on for the administration of the laws when
such laws conflict with those of the Church, for
any purpose whatever.
Well, the Judge and his military guard with
the prisoners and witnesses, went to Provo; but
no sooner did the troops arrive there, and the
object become known than furious excitement
was gotten up amongst the people, who imme-
didtely sent expresses to Brigham Young and
Governor Cumming to come and order them
away The G0vernOr went there, and instead
"i allaying this senseless clamor raised chieny
ny the guilty bishops, &c, who feared expo
sure. the Governor wrote to the General re-
qUesiIng him TO order the troops away Mean
tune, IN the midst of such disturbance and hos
Tile demonstration towards the troops by the
people of Provo, and hints, at least, If not
threats, OF rescuing the prisoners in charge of
the guard, all of which was promptly commu-
nicated to headquarters by Capt. Heth, 10th
Infantry, IN command, the General deemed it
prudent and proper, in order to avoid, II pos
sibia, the probability of such an attempt by the
MormOns, to order large additional force of
eig companies of infantry a section of Phelps
Light Battery, and twenty Dragons to take
pos: ON Battle Creek, some six or eight miles
this side of Provo, to act according to circum-
stances and as the judicial officers might deem
Necessary.
The Court commenced its session and charg-
e1 the grand jury The United States Marshal
was sent by the Judge to arrest the Bishop of
the adjoining town and some guilty parties be-
sides. in that place. where the Parish family
was murdered: but finding, after several at
tempts, that he could not do 50, the General
oup0n proper application, sent still further
additional mounted men to aid the Marshal and
his assistants in this dfty. Some two or three
of the murderers have been arrested, but the
leaders AID principals. the bishops, apostles
&c, have acd to the mountains and are proba-
bly, beyond the reach Of Justice, at present
The jury, after two weeks session. AID with
testimony before them as clear As dsy. refused
To find bills of Indictment against their brother
saints, and the Judge dismissed them.
The enclosed papers will show you the state
Of affairs AT Provo at the present moment. The
truth IL, the Judge, in the performance of his
official duties, mas entered n Mormon roOkery
the secrets and bloody deeds of which he is de-
termEned to expose To the public gaze, and the
pigeons begin to hutter; whilst some of them
the highest IN Office, and most deeply stained
with crimes, have taken their fight to un-
known regions.
By Atrsd Cumming, GOrsTHor Utah Territory
A PROCLAMATION.
Whereas, one company Of the u. s. Infantry
under the command of Captain Heth, is now
stationed around the Court House at Provo
where the Hon. John Cradlebaugh is now hold
ing court, and eight additional companies Of
y. One OI dfIliIcTy, ana one OF cavalry.
under the command Of Major Paul, are sta
TONED within sight of the Court House; and
Whereas, the presence of soldiers has a ten
deney not only to terrify the inhabitants and
disturb the peace Of the Territory, but also to
subvert the ends Of Justice, by causing the in
timidatlOn of witnesses and jurors; and
Whereas, this movement of troops ha. been
made without consultation with me, and. as
believe, is in opposition to both the letter and
spirit of my instructions; and
Whereas, General Johnston. commander of
the military department of Utah ha. refused
my request that he would issue the necessary
orders for the removal Of the above me ntioned
troops:
Now, therefore, 1, Alfred Cumming, Cover
nor Of the Territory Of Utah, do hereby publish
this my solemn protest against this present
military movement and also against all move
men;s Of troops incompatible with tho letter
and spirit Of the annexed extract from the in
stTuctIOns received by me from Government for
my guidance while Governor Of the Territory
Of Utah
In testimony whereof, have hereunto set
my hand, and caused the seal of the
Territory to be affixed. Done ut Great
1, Salt Lake city this twenty-seventh
day OF March, A. ID. eighteen hundred
and ffty-nine, and of the indepen-
dence Of the United States the eighty
third.
(SignoD ALFRED CUNNING.
BY the Governor.
JoHS HARrxETr, Secretary Of State.
Ertracf.--" 1t is your duty to take care that
the laws are faithfully executed. and To- main
tain the peace and good order Of the Territory,
and also To support by your power and author
ity the civil officers in the performance of their
duties IL these officers when thus engaged
are foreibly opposed, or have just reason to
expect opposition they have a right To call
such portions Of the posse eOmiiafHs to their
aid they may deem necessary IL circum-
stances should lead you To believe that the or
binary force at the disposal Of such officers will
DC insufficient to overcome any resistance that
may be reasonably anticipated, then you are
authorized to call for such number Of troops rs
the occasion may require, who viii act as a
I'"r cnm'tafHS, and while thus employed
they Will be under the direction Of the proper
Si'il otheer' aud act in conformity with the in
siructlons you may give the chief executive
magistrate of the Territory
Copy Of rsm0rks deiirered Bv Jalpe C,oals
bIagh. OF the Second JHd,ciaT Distrief.