The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-06-02
THE UTAH INTERCOLLEGIATE A TTORNEY
GENERALS INSTRUCTIONS TO THE
FEDERAL JUDGES

THE UTAH INTERCOLLEGIATE A TTORNEY
GENERALS INSTR LOTIONS TO THE
FEDERAL JUDGES
The Constitution of yesterday morning contains
what it terms "a highly important and interesting
'9etter from the Acknowledgement of the UNITED
ESTATES, (under the instruction of the PRESIDENT
'to the Judges of Utah, from which we make the
following extracts:
'The condition of things in Utah made it ex-
tremev desirable that the Judges appointed for that
territory should confne themselves strictly within
their own official sphere. The Government had
District Attorney who charged with the duties
of public accuser, and Marshal who was respon-
sble for the arrest and safe-keeping of criminals.
For the Judges there nothing left except to hear
patiently the causes brought before them, and to
determine them impartially according to the evi
dence adduced on both sides. 1t did not
either ri ght or necessary to instruct that these
to be the limits of your interference with the
public affairs of the Territory, for the Executive
dictates to the judicial department. The
President is responsible only for the appointment
of proper men. You selected from Gerry large
number of other persons ,oho 1ciing be en-
ployed on the same seruice, and the choice was
grounded solely your high character for learn
ing, sound judgment, and integrity. TWAS natural,
therefore, that the President should look upon the
proceedings at Provo with sincere desire to find
you in all things bameess.
fThe Governor is the supreme executive of the
Territory. He is responsible for the public peace
From the general law of the land the nature Of his
Office and the instructions he received through the
State Department, it ought to Lave been under
stood that he alone had power to issue a requisiton
for the movement of troops from part of the
territory to another; that he alone could put the
military forces of the Union and the people of the
territory into relations of general hostility with one
another. The instructions given to the Command
ing General by the War Department are to the
effect. In that paper "requsition" is not spoken
Of as a thing which ANYBODY except the Governor
can make. 1t is true that in clause the general
is told that ii the Governor, the Judges the Mar
shall shall find it necessary to directly part
of the troops to aid either in the performance of his
duty, he(tne General is to the summons prompt
ly obeyed. This manifestly intended to fur
nish the means of repelling opposition which
might be too strong for the civil posse, and too
sudden to admit of Il formal requistion by the Gov
ernor upon the military commander.
Besides, the matter upon which Judge Cradle
baugh's requisiton bases itself with which
the Judge had no sort of official connection. 1t was
the duty of the Marshal to see that the prisoners
were safely kept and forthcoming at the proper
time. For aught that appears, the Marshal want
ed no troops to aid him, and had desire to see
himself and his civil posse displaced by a regiment
of soldiers. He made complaint of weakness
and uttered no call for assistance. Under such cir
cumstances, it mistake of the Judge to inter-
fere with the business at all.
1t is very probable that the Mormon inhabitants
of tab have been guilty of crimes for which they
deserve the severest punishment. 1t is not intend
ed by the Government to let any one escape against
whom the proper proofs be produced With
that view, the District Attorney has been instructed
to use all possible diligence in bringing criminals
OF every class and of all degrees to justice. We
nave the fullest confidence in the vigilance fidelity
and ability OF that officer. II you shall be of opin
ION that his duty is not performed with sufficient
tn hat of ,,;n
the prompt attention of the President
1t is very likely that public opinion in the Terri
tory is frequently opposed to the conviction of par
ties who deserve punishment. 1t NAV be that ex-
tensiye cOnspiracies formed there to defeat us
tice. These subjects upon which we, at this
distance, can Affirm Or deny nothing. But, sup
posing your opinion upon them to be correct,
every inhabItant of Utah must still be proceeded
against in the regular, legal and constitutional wav
At all events, the usual and established modes of
dealing with public offenders be exhausted be-
fore we adopt any others.
On the whole, the President is very decidedly of
opinion
l. That the Governor of the Territory alone has
power to issue requisition upon the commanding
general for the whole or part of the army.
Z. That there was apparent occasion for the
presence Of the troops at Provo.
j. That II a rescue of the prisoners in custody
had been attempted, it was the duty of the Marshal,
and not of the Judge, to summon the force which
might be necessary to prevent it.
4: That the troops ought not to have been sent
to Provo without the concurrence of the Governor,
nor kept there against his remonstrance
D. That the disregard of these principles and rules
of action has been, in many ways, extremely untor-
tunate.
am, very respectfully, yours, &C.,
}. S. BLACK.
Hon. J. CRADLEBAUGH,
Hon. C. +. SINCLAIR,
Associate Justices, Supreme Court, Utah.
The very significant hint, which we have itali-
cised in the first paragraph, will not, we suppose,
be looked upon in the light of a threat that new
selection, from the very large number of waiting
and willing patriots, is possible.
AprOpos of the above, we append an article
from the st. Louis Democrat on the ''Cost of the
"Utah War;" and matters and things in that
connection:
We find in the Constitution of the 21st, tabular
statement Of the cost Of the Utah expedition the
end of the second quarter of 1855 The figures are
taken from the Quartermaster's Office, and con-
sequently, as far as they 90, authentic. They sum
up So, 1872 1885, How much this has been in
creased by the expenditures up to this date is not
shown, but two or three millions may be taken as
an approximate estimate without any danger of
exaggerating. Much of the supplies which have
been sent out not paid for at the date which
the returns have been made up Many trains had
not reached Salt Lake City in time to be comprised
| in the reports from the bureau in Washington. We
have no doubts that the aggregate expenditure up
to the end of the present fiscal year, which termi-
mates in June, will range between seven and nine
millions.
Let us now ask what has the country gained by
this extraordinary outlay? We say extraordna-
ry, because the expense of the Utah expedition
charge separate from the ordinary expenses of the
War department. Is the condition of Utah any
better now than it was when the troops reached
Camp Floyd? On the contrary, informed
| by the very partiZans of the Federal Government,
that law was never more openly derded, nor order
more seriously menaced by the Mormons. 1t is i'm
possible to bring criminals to Justice. The indges
cannot venture to hold court unless they are sur
rounded by protecting bayonets Murders and
robberies frequent as at any former period.
The hostility of The Saints to the Gentles has
| dergone no abatement. TIE Mormon organization
| is practically independent of the United States-
| No tolerance clemency on the part of the ttular
| government can inspire them with any feeling of
| loyalty or any desire for reconciliation. They
! actually growing in strength and insolence on
the very means which were adopted for the ostensi
BILE purpose of quelling their fanatcism and dsaf-
! lection. Governor Cumming, apparently, has den-
| titled himself with their policy, ii not with their
| church. The last accounts state that be had sum-
moned the militia to be ready to repel the troops,
if the latter should respond to the requistion of
| Judge Cradlebaugh. The Federal authorities be-
ing thus at variance among themselves, and the
| highest authority being on the side OF the Nor
MONS there is no actual government in the
Territory. What embrois the quarrel still more
and aggravates the difficulty is the action of the
Cabinet at Washington. lhey nave, IL appears,
resolved to sustain Gov. Cumming, and to recall
or rebuke Judge Cradlebaugh. Conflicting in
structons are the of the disagreement
between the military, executive and judicial
! powers. Gov. Cumming received one set OF in
structions, the Judges received different set, and
Cen Johnston had instructions of the nature of
which Gov. Cumu.ing-until they quoted in
the controversy between the General and the Judge
| was entirely ignorant. Since the action of the
Governor has received the sanction of the Admins
| tration, there can be valid reason for keepinp
the army in Utah any longer. They have done
| nothing since their arrival there. They will not
be permitted to do anything as long as Cumming
is Governor, and the formal approval which his
policy has received from the President is a strong
guarantee that he will be continued in office until
another President is elected. These facts considered
the troops should get the route for the States,
where they can be subsisted comparatively cheap
In the entire chapter of blunders which make up
the Utah policy of the Federal Government since
the appointment of Brigham Young by Mr.. Fill
more, there is nothing that can compare with the
sending thither of an army to act simply posse