Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1859-06-04
THE TRoUsLEs MI UTAH.

GOV. CUNNING SUSTAINED BY THE PRESIDENT
The Attorney Generaiof the United States (uncr the
instruction OF the Presikn has addressed important
letter TO the Judges OF tnh In relation to the recent
conflict OF authority betteen The civil aud military pow
In that Territory. TIE origin of the trouble 4. stated
in the letter Of the Attorney General as follows:
" IL seems That on pm OF March last Judge Grad
iebaugh announced TO Re commanding officer OF the
military forces that on tf sh day Of the month
he would begin terra oflf district Provo and
required military gunry TOT eertain psoners lhc
number OF six or eight, vio were then in custody and
would he tfishie nj froso The requisou mentions il
a probable fact that l. large band of organized
thieves would be arrested of the troops askcd
for without reference TO the Promptly responding to
this CALL the commanding -lera sent coInpapy
infantry, who encSnped a. a eos house, and soon
tcrwards ten more conpa1 oHd~ fher< <sppearsncc in
sghf.. aud re.uaiDed z.-s hIo rc1l1 Vi the
10 ths iAeAnszs et 5ss s.5f o. lhe Trrf7tory
hearing Of this military demohstration upon town 40
pearsd the ground made inquiries and seeing no ne
eessy for the troops but believing the contrary
their presence calculated 10 do harm he requested
them TO be removed. The request was wholly disTe-
garded'
The letter goes saw that the Governor is the SUI
preme Executive OF the Territory alone responsible for
the public peace, and the only pcTson Possessing the
power to issue reuisition the movement of the
troops from one part OF the Territory TO another The
difference between requisili0n and Is next
pointed out, aud the letter then continues
"Besides the matter upon which Judge Cradlebaughs
requiston bases itself with which the Judge
had sort of official connection. IL the duty OF
the marshal that the prisoners we're safely Kent
forthcoming at time. FOr aught that
appears the marshal wanted troops TO aid hun and
had desire To himself and cvl posse displaced
10y regiment of soldiers lie made no complaint of
weakness aud uttered call for assistance. Undcr such
circumstances IL was mistake of the Judge to inter
! fere with the business all.
But assuming the legal right Of the Judge TO put
the marsha business into the hands of the army with
out the marshals concurrence, aud granting also that
this might be done by of rcqusiion was there
in this case any occasion for the exercise OF such pow.
er: When We consider how essentially peaeeable Is the
whole spirit of judicial system and how exclusively
it aims to operate by moral force, or most by the
arm of civil power hardly be denied that the en-
ployment of military troops about the courts should b
avoided as long possible. Inter drHa sLeHt Leyes
says the maxim and the converse OF il ought TO be
equally true, that inter ieges silent The Prcsi.
dent has not found either on the face Of the requston
or in any other paper received IN him. statement o.
specihc Acs, strong enough to make the presence
the troops seem necessary Such necessity ought to
have been perfectly plain before the measure
sorted to.
It il very probable that the Mormon inhabitants of
Utah have been guilty Of crimes which they deserve
the severcst punishment. IL Is intended by the 20
vernent TO let any one escape against whom the proper
proofs can be produced With that view the ,i.ric,
attorney has been instructed all possible dill senee
in bringing criminals of every class and Of all degrees ia
Justice We have the fullest confidence in the vigilance
hdey, and ability of that officer If you shall be OF
opinion that his duty is not performed with sufficient en-
ergy, your statement to that effect viii receive III,
| prompt attention of the President.
Ii K very likely that public opinion in the territory
Is frequently opposed to the conviction of parties who
deserve punishment 1t may be that extensive couspir
ers are formed there TO defeat justice These are sub
jeets upon which at this distance can affirm or den,
nothing But supPosing your opinion upon them to b,
correct every inhabitant of Utah must st be roe,
against in the regular legal and constitutional way.
all events the usual and etahed rodr of dealing Eil.
I others. =
:. On The whole the President is very decideiir o.
opinon--l. That the Goyepm of the Territory alone
has power to issue requst"n upon the esmInan ding
general for the whole or part of the army. g That
there was no apparent occasion for the presence Of the
troops at Provo q That il Iescue Of the prisoners in
custody had been attempted II the duty of the mar
shall and not of the judge the force which
might be necessary to prevent Il. 4. That the troops
ought not TO have been sent Provo without the con
aenee oi the Governor nor kept there against his
monsraneo- 5. That the disregard of these princips
aud rules Of action has been In many ways extremely u-
fortunate.