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

dicial civil uuciyu and mliltary-from Utap,
concerning The new exci.emen. which has sprung
up IN that dismal Territory between the Cover
dor abd the M0rm0ns Oh the Que hand, aud sue
United States Judicial AID military authorities GA
the other To this copious chapter Of news we
refer the reader for his more particular iliorlna-
ton upoa The subject matter involved; and after
thu. charging himself with the facts, The law and
the evidence, We dare say he will be drawa to a
concurrence in Qyr views and opinions upon the
merits Of the case.
The Peace Commissioners sent out to Utah by
Mr. Buchanan last summer established treaty
of peace with the Mormons upon the basis Of a
general amnesty, and with the understanding
that they should be treated by the government
in the same liberal spirit as the inhabitants Of
any other Territory, with the comprehensive
concession from them Of obedience to the laws.
Gov. Cumming has attempted to adhere to this
treaty; and II he has thus given satisfaction TO
the Mormops, he has also satisfied the President
in the discharge of the delicate respolsioli-
ties Of his Office. Judge Craolebdogh, how
ever, having no faith in Mormon pro-
misses or pledges, ia proceeding recently to
| hold court at the town Of Provo, called
| upon General Johnston for a detachment Of tue
army to take care Of certain prisoners to be tried
The troops were sent as required, to the extent
of hundred meu; but subsequently some nine
hundred more were marched to Provo uuder the
orders Of General Johnston
The Mormons were naturally enough thrown
into high state Of indignation OF this spec
tacle Of United States court surrounded
by large body of soldiers. The Saints
were also quick to discover that the Gov
ernor, who, it is supposed, holds the army
subject to his orders had given no authority for
this military requisition at Provo. They also Sc
cured. on a statement Of the facts, counter-pro-
clanaton from the Governor protesting against
this military occupation Of the town, under the
demand Of Judge Cradlebaugh and the command
Of General Johnston. And thus stands the case
between the Governor on the one hand and the
Judge on the other, with the commanding army
officer on hand with his troops to sustain the
Court against the Mormons
The Judge, with the army around the premises,
proceeded to hold his court; but the Grand Jury,
(sympathizng Mormons) refusing to do any thing
in behalf Of the active prosecution Of the trials
contemplated, were, at the end Of two weeks, in
dignanly discharged by the Judge. His address,
indischareing them, is one of the most extraor-
binary judicial speeches which can be furnished
from the records Of any court in the civilized or
semi civilized world. lie addresses this Mormon
Grand Jury as if they were themselves pack
of convicted criminals The following closing
remarks of this amiable Judge are particularly
expressive. He says:-"If it is expected that
this Court is to be used by this community as q
means Of protecting it against the peccadilloes Of
Gentiies and Indians, unless this community will
punish its own Inurderers, such expectation will
not be realked' ont that ''if this Court cannot
bring you TO proper sense Of your duty, it can
at least turn the savages in custody loose upon
YOU
Thus, aut &c lis u.oath, The over avulvus
and too highly excited Judge is condemned. In
bis viHdictive and most undigniGed speech he
has clearly shown himself united for the
position he occupies. We believe Governor
Cumming to be an honest, faithful and
discreet public officer: that his policy of re-
ducipg the Mormons to law and order through
kindness and Cancellation has been, as far as
could have been expected, successful, and will
continue to DC more and more successful 80 long
as he adheras to lis instruct tons from the Presi
dent Some change will certainly be necessary
among the officials 10 that Territory, and accord
ing to our Washington despatch of last night,
the President has now received full advices from
the military, as well as the civil authorities, on
which he can act in the matter.
As U tab is at present organized, the laws aud
the ends Of justice in that Territory will doubt
less he, to great extent subject to
Mormon juIies and Mormon interpretations
of Mormon offences; but the President can
oaly deal wiIh these things as he fnds them. lie
cannot make new organic Law for the Terri
tory, nor assume the exercise of judicial or
military powers which he does not clearly pos
sess. Ifhe cannot do this himself, be cannot per-
nit it to be done by bis officers ia the Territory,
judicial or military If his instructions to this
end have been disregarded the offending parties
must be held accountable With the lesson
which the Mormons have received from Me-. Bu-
chauan they will not very soon try the expert
meut Of rebellion. On the contrary, with the
continuance Of that spirit Of moderation which
has marked the policy Of Gov Cumming, and
also Of Gen. Johnston, they may be kept under
pretty fair state OF discipline until the meeting
Of the next Congress.
And what then? Why, then, let The President
recommend to Congress that in the act admitting
the State Of Kansas, the boundaries Of Kansas
shall be- ex.en led westward so ps TO Include all
the Mormon settlements OF Utah, ard we think
the question Of btormouism viii very soon be
brought to q solution. The very &c! Of incor-
poraticn with Kansas would reduce Brigham
Yospg 70 full surrender or complete evacla-
ton Of the United States. And as Kansas has
given the government and the country so mich
trouble, Why not make Kanses pay for il by