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

them.
have adopted tho only means ls mo Of accomplishing
those objects The military company, kindly furnished
by the commanding General both secure and support
court house, or the building ueed SUCH not only
matter OF convenience bus Of necessity 10 the Court
This win FAY, however that 80 soon as can dispense
with their most useful services, shall do So
You speak Of their being here 10 the annoyance OF the
citizens Of this city, and intimidation Of those hay
ing business with the District Court
when, where, or in Whist manner these soldiers have
annoyed or nerfered with the citizens OF Provo cha
Iengs you to show more quiet orderly set 81 men
priety and decorum truly remarkable.
As to your remark about intimidation allow me 10 say
that good American citizens have no cause to fear Amer
can troops. JOHN CRADLEBAUGH.
REJOINDER OF TIE CITY COUNCIL TO JUSTICE
CRADLEBAUGH.
Provo, March Is, 1852
TO the Hon. JOHN CRADIKHAUGH Associate Justice Of the
Supreme Court, and ofco Judge Of the Second Judi
eia District for the Territory Of Utah.
Your letter of tho 18th inst is before u.s. in reply
request Of the Mayor aud City Council Of this city, in
regard the removal OF the detachment Of tho United
States troops that at your request are now CHARTERED In
this city, and are occupying part Of the building used
for court house.
You observe that the matter of the troops being brought
TO this city duly considered before was determined
upon, ana that il matter of necesBJ to have them
attendance for the purpose Of securing prisoners that
necessity understand, consisted in guarding I'VE pr
soners, two OF whom, we learn have been discharged.
Either the Sheriff or municipal authorities were and are
prepared to secure amt safely protect any number Of p
soners that Their, any probability Of being held in
custody by your court.
You speak Of our no. having any place Of confinement
this assure you, is mistake; We have place pre-
pared purpose. Aud should the county terri
oria officers arrest prisoners the officers OF the city
county s s r s o scsssy S
United States troops being stationed In and around the
court house.
authorities Of the county city, In regard TO the care OF
prisoners, You would not have asked the commanding
General for detachment Of troops for that purpose.
Whatever may have been tho object Of clothing the
Court with military escort u has the most dangerous
tendency; usurps the functions OF civil officers per
forms the duties the law designed for the army and
renders null and void the civil offices that have been ap
pointed BY law presents the judiciary 10 rhe
lives and liberties of all persons accused copardzed
by the examination OF witnesses and action Of jurors under
The influence OF military intimidation and espionage Il
Is causing the city unnecessary expense We have been
under the necessity Of doubling the police force and ex
erpg ourselves TO prevent indignant citizens from doing
violence the soldiers and this has cost ue three times
much as il would to have guarded all the prisoners,
from the unavoidable injury Of OBTAINING sgricul
for seeding are Of The utmost Importance But these are
minor considerations compared with the establishment of
military judicial administration, hitherto unknown in
the annals OF freedom. Should such order Of things
continue, have TO fear that the time not far
distant when witnesses will be at the point Of the
bay onet, ana the law executed by the sword.
Perhaps your Honor liz not that those quiet orderly
soldiers Of whom You speak, have been troublesome TO
the citizens Of this city and that several unpleasant cir
cumstances have already occurred between the citizens
and soldiers.
Is your Honor aware that several soldiers have been
bring stain upon your Honors escort by putting them
in JAIL have quietly taken them to their quarters and de-
Honors attention to circumstance that took place the
evening Of the 18th inst when had not been for the in
terpositon Of the City Marshal in all probability, several
persons would have been hurt il no. killed.
your Honor that Of those orderly persons,
Of whom you speak, caught the Aarsbas horse by the
bride and endeavored to prevent him from quelng a
row? Some Of the soldiers have been caught by the city
officers in the act Of attempting TO break into houses in
the night These are well known facts that be proved
by many witnesses.
Fowcver much we admire the talent experience skill
military attachments Of the officers and the bravery
and discipline Of the II must be regarded very
degrading appreciation Of their gallantry, and the high
position which their military has given them
them as q county ALA walking calaooese ana we pc.
Of soldiers into cities or villages has had uniform tenden
cy to produce hostile feelings.
Your Honor says that good American citizens have no
cause to fear American roops' the Raany Of our off,
GERS the dscpue and bravery Of solders haveren
dered armies terror TO the enemies Of liberty
hroug world when through prejudice poll
eaA Intrigue speculative selfshness other causes,
American citizens, why Should they not fearf
Honored sir, when our gallant army, any portion
thereof Is degraded by any cause whatever from that
it, as the arm Of national defence to the Low s.aon
planting The civil power must moot certainly, be feared
by every American citizen not blind " the perpetuy Of
cur national institutions As beginning, single corps,
highly honored for its discipline, the superior skill and
constitutional ephere to perform the duties Of sheriff.
marshall or ailer- the mitery power then superseies
the CIVIL limited degree TO be sure, but military
power seldom re'Iogrades and jurors controlled by
them the court follows in the wake-that buwark Of h.
man berty-an independent, high minded Judiciary
tanned by the people, is thus annihatedthe legislative
and executive departments overcome, and the
sword Of Julius C@sar puts end TO the whole fabric
Of liberty.
We ask, your Honor why should all good American
cit2efs be afraidY
For these and many ether reasons We beg leave re-
spectfully to renew our request
With high consideration and esteem we respectfully
subscribe ourselves your most obedient servants,
B. X. BULLOCK Mayor,
In behalf Of the City Council.
In addition 10 the foregoing other petitions from SET
fmsns N tssn comfy: were presented 70 the Judge
Court
| SERIOUS CHARGES AGAINST THE MORMONS.
During the sitting Of the Court the 2ls Of March,
dschargng the Grand jury Judge Cradebaugh assigned
the following for this of procedure;
This day makes two weeks from the time you were en-
paLnetd AT that time, the Court very parl ular
impress upon your minds the fact that i. desirable
10 expedhe business speedily possible. The Court
took occasion To call your attention TO the difficulties
which bad to labor 1t told you of the condition of the
egatcD IT told YOU Of the fact that the Legislature had
not divided proper means 70 aid the Court bringing
minals TO punishment told that aside from that
that The legislation Of such character a. TO emoar
the Court the discharge of its duties and that they
had given crmiDal jurisdiction 10 courts Of
ton which by the organic act can exercise no such urlsdc
ton They had sought TO throw the punishment Of crimes
into such tribunals The Court also called your
10 the fact that there bad BEEN connection with this
/ on euenpV ny pcIsops WUDu inc IerrtOry
TO bring the United States courts into dsrepute this
people, particularly called your tion the fact
that Brgham Young the late Executive OF the Territory
at the time when he was officer of the govern
ment-sworn to see that the laws executed--had
taken occasion to dencunce the vile and corrupt
aso that he had taken 10 deuounce ell attorneys
and jurors OF the court and that this done prevent
the proper and due administration Of justice the Terri
tory The Court felt ii to be s duty repei such SIAN
ders that 1t owed to the position occupied aud to the
members Of the bar, who looked upon honorable
men, and from it's association with them felt IL to be s
duty TO rep~ such SANDERS let them from what
source they might This done for the purpose of
showing the difficulties that you and the court labored
under in bringing criminals 10 justice Aside from this
the Court took the Of calling your
" partcular crmes--the horrible massacre at the
| Mountain Meadows. It told you Of the murder Of
young Jones and his mother, and OF pulling their house
down over them and making that their tomb Il
told you Of the murder Of the Parishes Potter aud
Forbes, almost within sight Of this house. II took
occasion TO call names for the purpose calling your
tculsr attention 70 those crimes the fact that they have
been committed 10 notorious The Court has had
TO sue bench to persons connected with
the raTrnh had broupht neiore IL and