The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-30

~A~s~AS-c
least valid reason known to TO employ federal troops
70 execute the orders Of his court thereby clearly ndc
gard of the latest expressed views and policy the Adj
mnstrasion concerning Utah. and the views and policy Of
for some cause TO force angry collision between tho
citizens and troops which is we'll known s no. difficult
to accomplish IN me pest ordered town or city 10 tho
supplant, taunt and Cypress the other.
That the peaceful policy Of the ADMINISTRATION and
schemes Of such suffers, specuators, camp followers
and gamblers, as plot evil and bloodshed Tor gain;
that citizens BIO not imposed upon In any Of their
rights nor when subpnnaed as witnesses, treacher-
ously arrested by bench warrants, and unsed and
without bedding guarded by troops nor jurors TO attend
TO their duties under the brng or bayones; that the
laws be respected and magniaed that toe citizens bo
bors and tolls Of ro many patriots and phianthro-
p na the os Go that n e be-
faithfully executed"-we your memoriasts, citizens OF
the United States In tho Territory OF Utah, respectfully
petition your Exceency 10 all the influence and a1-
thority Of your official position Governor this rerr
tory 70 remove all government troops from in and around
and around said city, and to prevent any troops being 10
Gated in or nfringingly near any Of thckly settled
earliest convenience, report to the proper department
Washington City the official proceedings Of Judge John
Cradebaugh In the Second judicial district OF this Terrific
ry and for such wise, loyal and just action by your Ex
ceency your memoriass and petitioners will ever pray
UTAH TERRITORY, March 20, 1859.
Copies OF the foregoing memorial and petition 10 his Ey
cciency Alfred Cumming, Governor, were circulated
Throughout the TERRITORY anna ss by the gsns
five hundred citizens, was presented TO him on
the 26th instant.
GOVERNOR CUMMINGS PROCLAMATION AGAINST CEN.
ERAL JOHNSTON.
Whereas, One company OF the United States infantry,
under tho command Of Captain Heth, is now stationed
around the court house at Provo whae the Hon. John
Cradlebaugh il now holding court, and eight additional
companies Of infantry Of artillery and Of cavalry,
sight Of the Court House, and Whereas the presence OF
soldiers has tendency not only to terrfy the inhabitants
vert the ends Of justice by causing the intimidation Of
Witnesses and jurors; and, Whereas thiB movement OF
believe, is In opposition 70 both the letter and spirit
OF my instructions and whereas, General Johnston,
commander Of the military department Of usah has re-
ders for the removal Of the above mentioned troops;
Now, therefore, ], Alfred Cumming, Governor Of the
Territory of Utah, do hereby publish this my solemn pro-
test against this present military movement, and also
against all movements of troops Incompatible With the let
ter and spirit Of the annexed extract from the Instructions
received by me from government for my guidance while
Governor Of the Territory Of Utah.
In testimony Whereof have heseunto cot my hand,
and caused the seal Of the Territory be affixed Doa
eighteen hundred and afy nine and Of he indepen.
dence Of the United States the eighty. bird, cc
By the Governor JOHN HARrNET, Secretary OF state.
Kx1RAcr-(eov CUMMINGS NsrRuouoNs).
s your duty to take that the laws faithfully
executed and to maintain the and good order tho
Territory and also TO support by aad autho
rty the civil officers the performance Of their duties
If these officers when thus engaged forciby opposed
or have just reason to expect opposition, they have
right TO ca such portion OF tne posse e0natu: 70 their
should lead you TO believe that the ordinary force the
disposal Of such officers will be insufficient to overcome
any resistance that be reasonably anticipated them
you authorized 10 call for such number Of troops
the occasion may require, who will act posse comats
and while thus employed they will be under the direction
Of the proper civil officer and in conformity with tina
Instructions you may give, as tho Chief Executive hagls
trate OF the Territory.
JUDGE CRADLEBAUGH's REMARKS ON THE GOVERNORS
PROCLAMATION.
While the Court was in session the Both his Honor
made the following remarks Governor Cumming pre-.
| clamation:-
will state to the gentlemen Of the bar and also To the
present, that received document yesssr
day from Alfred Cumming, and what have to say about
it'll have embodied in writing, that 1t may be mia.
| represented. His Honor then read the folio wing
have received document from Alfred Cumming, Go.
be proclamation while in the body Of the document i
ing addressed to the General Commanding the depart
ment Of Utah, II seems 10 be intended for tho public
BE- designed @ Gs sas Fl m Sr
rtory against the troops, to obstruct tho courss Of
public Justice, and TO excite insubordnaton In
the army In this document Governor Cumming speaks
| Of company or United States infantry being stationed
term Of the District Court of several additional
companies OF Infantry one OF artillery and Of cavalry
being stationed in sight Of the Court House. Hc also says
only to terry the Inhabitants aud disturb the peace Of the
Territory but also 10 subver the ends OF justice by canl
| "ithoo1co
that this movement OF troops has been made without cJ-
sultaon with him and against the letter and spirit Id
stationed around the Court House q. Provo hate
only TO ray that tho assertion is not tue They arc
Il. The additional troops referred 10 az being
within sight OF the Court Houae," are at camp
four > miles distant This assertion must have
tive situation Of the Court House and the troops In re-
gard 10 the inhabitants being terrified by the Of
troops, s proper TO say that many of them very
much annoyed by their being here at this te but thosa
who seem to be stricken with terror have fed the country
on account Of crimes committed by them, and the fear Of
just punishment for their offences Among them are TO
be found several Of the jurors presidents Of stakes'
haps proper to that the Grand Jury selected by
the County Court under recent act of the Legislature OF
Cumming and that notorious criminals wsre
members of It, That bat those who are conscious
of guilt under the influence Of fear is maniiessei
by the fact that ut all times, when the court IL in
session. the court room crowded by hundreds OF c
zens The assertion that witnesses and jurors have
been ntnidated by tho small military detachment near
the Court House without foundaon while real fact
that witnesses have been hreatenedInd n:dAted by
the very inhabitants who are said 10 be much terrified
To ouch extent has ths been carried that Witnesses
who appear and testify behalf the prosecution are
troops that here-many of them having signed petit
ton requesting that the troops shall not be removed and
upon their presence Ia regard tho statement that
troops are here without consultation with his Ex cecnCy,
the Court has yet to learn that s subservient o. and
then Observed ~ have thought proper to make this state
men IN regard TO this proclamation Of his that the public
| may know II Is not according TO the facts"
1 now TIE MoRMoNs SPEAK OF THE PRESENT TROUBLES.
tDeseret News, March 301
The proceedings Of the court Provo City and the pe
tons, remonstrances and memorials those proceedings
have called FORTH together with tho protest Of tho Grand
Jury and Governor Cummings proclamation occupy much
| space In this number OF the Netcs.
rhese documents speak for themselves aud in
unmstakcabe LANGUAGE, doubtless express the feelings
and sentiments Of those who originated the in relation
10 the course that has been pursued by those who have
been engaged in bringing about the order Of things TO
which they refer.
The people feel somewhat indignant at the that
has been taken TO make them appear opposes the
courts Of the United States and TO the execution oil
| the aws when no resistance has been made W
either the court its officers neither have they aided
criminals to escape from justice as alleged They not
fear wish 70 avert an impartial administration Of jus-
tce but from past experience they have fear
the unlawful Intervention Of military with civil power
II s not intention TO comment at this tne 10 any