The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-05-06
From the Neio FORK Times.1

aries OF Rome, with the agreement on the part of
the natives that they should build the churches and
residences required by the Catholic teachers.
From the Ne,U FORK 7Imes.l
THE TROUBLES IN UTAH.
The following correspondence has passed between
Gov. Cumming and Gen. Johnston in Utah. The
reply of Gen: Johnston to the Governors remon-
STRANGE Is sufficiently sharp and decisive.
Cor. Cumming to Gen. Johnston.
Provo, U. T., March q, 1859.
GEN. A. S. JoHNsToN-Sir l arrived in this viii
lage on the l4th inst, and found detachment of
United States troops quartered in and around
house in which the Hon. John Cradlebaugh. United
States Judge, was holding Court for this District
The officer in command of the detachment occupy
ing this extraordinary position is Captain of the
Tenth Infantry, and still continues to occupy the
position In opposition to reiterated protests from the
inhabitants and he has not deemed it necessary to
report to me officially, although | have been six
days in this village.
have been informed that the Hon. Judge Cradle
baugh brought hither and retained the command,
not from any Gust reason to expect opposition
but for the purpose of combining and securing, un-
der military guard, prisoners charged with crimi-
nal offences
that the civil authorities here are now, and have
been, prepared and ready to securely and safely
keep all prisoners arrested for trial at this Court
and the detention OF any other persons whose pres
ence may be necessary thereof
| have been verbally, but unotfically advised
that detachment of seven or eight hundred SOL
diers, from Camp Floyd, are now en- route to this
neighborhood, under the command of Major Gabriel
X. Paul, of the Seventh Infantry.
herewith inclose extracts from nv instructions,
as Governor of Utah Territory, bearing date July
80, 1857, Ia copy of which is in your Office From
perusal OF these extracts you will perceive the
reason and necessity of this communication.
therefore respectfully suggest that you will
promptly order the officer in command of the de-
tacbment now encamped st the Courthouse, to oc-
cupy position outside of the wall of the village
so RI Moin po,,1,
assume such position as will relieve the inhabi-
tants from the influence of military encampment
in their vicinity.
1t is with pleasure that l announce to you that,
after careful observation, am satisfied that the
presence of the military force in this vicinity is un-
necessary; and for this and other reasons desire
to impress upon You the propriety of the imme-
date disposition of the troops as above indicated
Should be deceived in the opinion now express
ed IN regard to the peaceful disposition of the in
habltants you may be assured, sir, that | will take
prompt measures for securing the services of the
military, if necessary, to act posse comitatus,
wnere and Whenever required
l have the honor to remain, very respectfully.
your obedient servant, A. CUNNING,
Governor of Utah Territory
To General A. s. JOHNSTON, Colonel Second Caval-
Floyd, Utah Territory.
Headquarters Department of Utah,
Camp Floyd, U. T., March "a, 1859
[ohicial.l J. F. PORTER,
Assistant Adlutant General.
Gen. Johnston to Coz. Cun1min0
HEAD QUARTERS DEPARTMENT OF UTAH)
CAMP FLOYD, U. t., March %, 1859. I
To has ErceHency A. Cumming, Governor of Utah,
Proro City, y. T.
SIR: have just received your Exceencv's let
ter, dated on yesterday.
The company of the Tenth Infantry mentioned
In your letter, was designated by nv order ssto
take charge OF certain persons who had been ar
rested and held for trial before the United States
District Court" at the request of the Hon. j. Ora
dlebaugh, United States District Judge for Utah
There being no Jail in this District nor any means
provided for the subsistence of the prisoners as re-
presented by his Honor the Judge, refusal on NV
part would have rendered it impracticabe to bring
these cul prts to trial; and the Judge would have
had no alternative but to turn them loose. In ma
JMdgment there tods necessity for the aid chich the
Judge officially solicited, and the force was accord
lngiy furnished, and instructions given in reference
to the special service to be rendered which reoui-
red from Captain Heth the officer in command to
take all proper measures for the security of the
prisoners, and to deliver them over to the Court
as calied for, under the directions of the Judge
ANXIOUS In the performance of every duty in aid
OF the executive judicial authority of the Terri
tory, TO give the people not shadow of cause of
complaint, Captain Heth directed to epcamp
without the limits of the town of Provo where the
Court is held; but it appeared, subsequently, that
the limits OF this town very great extending
several miles away from where any business is trans
acted. Capt. Heth, at the suggestion of the Judge
seeing that to comply literally with his order would
prevent him, on account of the distance rendering
the aid expected of him, encamped on lot of ground
lwhich was approved by me- the house on which
had been rented for a Courthouse for the use of
the United States Government.
From the tenor of Capt. Heth's report which
mad the concurrence of the United STATES District
Judge, thought it expedient to dispatch an addi-
tlOnal force under Nj jor Paul. as, in consequence
OF the arrest of the Mayor of Provo and the nten-
ton to arrest the Bishop of Springville there was
an excitement among disatfected persons which,
with the small force under Capt Heth, might lead
to collision with the troops, which is equally to be
avoided, If possible and deprecated and which the
presence OF strong force would, no doubt, pre-
vent.
have been thus lengthy and circumstantial in
presenting this narrative, that YOUR Excellency
may see how improper it would be in me to change
the position, at your request, of body of troops
posted for special service, with no instructions
beyond the security Of the prisoners in charge.
Under the direction of proper representative of
coordinate branch of the Territorial Government
with whose requistion, concurrently with your
own, l am instructed by the General-in- Chief to
comply, by furnishing any portion of the force I'M
der my command that NAV be needed and then
while acting in their civil capacity-that is as
posse-in aid of the execution of the law or in aid
OF their administration, to go according to the di
rectlon OF the civil officers upon whose call they
were ordered out, under whose directions thew
for the time being. may be acting.
Although your Excellency has a copy of my in
structlons, 1t Is presumed that you have them not
Them that you may that but act perfectly in ac-
cordance with them, in declining to make any change
In the disposition of Captain Heth's Company, or
the force under the command of Major Paul, which
was ordered to encamp at Battle Greek, but after
wards encamped at Timpanogos, until the United
States District Judg informs me that he will dis
pense with them, when Major Paul will advance to
Provo and take charge of the prisoners if neces-
sary, and return the same day on his vav hack 70
camp
beg leave, most respectfully, to suggest that
under the circumstances, there would have been a
manifest improperly in Capt. Heth's reporting to
you; such an act would be acknowledgment of
military supremacy on your part, which does not
exist.
10 prevent any misunderstanding hereafter, |
desire to say to your Excellency that am under
no oolgatlons whatever to conform to your sug-
gestlons with regard to the military dispositions of
the troops of this department. except only when it
may be expedlent to employ them in their civil ca
pacity as posse, in which case, should the emer-
gency arise, your requistion for any portion of the
troops under my command will be complied with,
and they will be instructed to discharge the duty
pointed out.
have only to say that, to secure the military
convlcts, who were required as witnesses by the
United States District Attorney, it would have
been necessary to send q force to Provo with them
whether asked for not.
There was nothing in the manner of making this
movement that could have been construed as an in
limitation, or should have caused any apprehen-
greatly outnumbers the force sent against them:
and do not nor do | think that it should be view
ed by well disposed and well-afected citizens, in
any other light than subject of graduation, that
thelr government has the ability to bring offenders
to justice, and to sustain by its power the admins
tration and majesty of the law
= acknowledge, also, the receipt of an extract
from your instructions, which have read; they
were also shown to me by Col Crosman but Of
whlch copy is not in my office.
w TN great respect, your obedient servant,
(Sgned,l A. S. JOHNSTON,
Colonel Second Cavalry, Brevet
headquarters Department of Utah,
Camp Floyd, U. t., March %, 1856
Official copy. F. j. PoRrER,
Assistant-Ad jutant-General.
GREAT BREAK IN THE ERIE CANAL.-The Roches-
ter Democrat says that a break occurred in the
Erie Canal at Holley, Orleans county, Monday
who was at work the break. The break is over