The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-14
IKTERES TING FROM UTAH.
NETTING OF TIE LEGISLATURE
THE GOVERNORS MESSAGE.
AFFAIRS IN THE TERRITORY
The Men who Compose the Legislature,
&C., Ac.s &c.


ne I4ih OF December and correspondence two days
hAer which, altogether is the most interesting budget
ssived from Mormondom for some time. However
nusb M the multitude OF other business home,
We may pass by of Mormon the question Of their
existence q united people,, growing up in our midst,
almost separate and distinct from the rest Of mankind"
h fact that itself upon the mind Of every reflect
ing person, and must continue 10 do and
every OF their existence adds 70 their number and
TIE vitality of the movement Their present position is,
however, that Of peace. The absence of all aluson in
ne message of Governor Cumming to the element Of
beion the of difficulties between the faithful
end the "outsders would induce the belief that peace
has been permanently established in Utah as
n any of Western Territories There are, notwith
SANDING In the extracts from and the clippings
fom their press sufficient Independence OF language and
peculiarly OF style that neither the presence
or federal officers the conguy Of General Johnston
and his command at Camp Floyd, has yet converted
sAe Mormons to social and Christian habits
OUR GREAT SALT LAKE CITY CORRESPONDENTS.
GREAT SALT LAKE CRY, Dec. l6, 1859.
5As Opening Of the Legislasuefhe Gouernors Message
PIE Peace aud War Parties-Secrstary Harinet-Te
Lfah Legislators, dc.
The nrst and chief item Of interest among us is the
meeting Of the Legislature, and the next is like unto it
The Governors message The opening Of the Legislature
sus the Governor" The brethren and sisters Though
aepEants for other than terrestrial glory are neverthe
less human enough to be exercised by that inarmity,
common to Jew and Gentie-curiosy--an under its
influence like we'll, and again, to know how his Elk.
oelncy going represent them before "a discerning
public" Save and except the qualification Of this pencil
aat think they might safely be set down as goriously
indifferent 10 what may be said about them. Another
character Of message might have operated differently
upen the Legislature, but that read Monday
seemingly listened to without any particular interest
A there considerable Of the document devoted 10 To-
sal affairs, only draw your attention to such passages
have interest elsewhere
STATE OF TILE TERRITORY.
After the usual Introductory sautaon &c, his Excel
Rncy commences
During the past year the inhabitants of this Territory,
Ssr the part have been peacefully and probably
poyed In their various occupations; but regret 70 be
obliged state that this city and Fairfield village,
GADp Floyd within the Military Reserve, have been the
Of many murders and other acts Of violence the
perpetrators Of which have fed and thus eluded justice
may not have been the Governors Intention in the
above paragraph, to cbeckmaie Secretary Hartne but
happens, srgulary enough that days previous
she OF the Message the kountainer drew the atcn
ton Of the community to teegraphic despatch from
Warrington TO the HERALD reporting the arrival there OF
ne Secretary and the expected early arrival OF Judges
Sinclair and Cradebaugh, with the following charge
There TO be frequent murders and assassinA
esns Sa. no 81 as Inc MSrmOhs o.
al the Gentles that the courts will be useless unless the
government changes its policy General Johnston Is 80
restricted by his instructions that he cannot move TO a
ford the necessary protection.
The Governor was, possibly enough, entirely gnorant
- The above and his message may have been finished
and aid aside, waiting the opening Of the legislature it
Asne the less strikpgy visible that the Secretarys
charge OF the Normons systematically obstruchng the
course Of justice Is, in parlance, "foored" by
Ne scia document coupling the village Of Fairfield,
Camp Floyd within the military reserve" with this
say being the Of many murders and other
II violence the perpetrators Of which have fed and thus
suded Justice" The fact is there has any
thing like union among the federal officers out here
There have been peace party and lighting party
Governor Cumming has adhered to bis instructions
and was supported by Attorney General Wilson,
and believe also, in some measure, by DR.. Forney the
Indian agent The others range round General Johnston
do not think that the General has sought the Judges
Secretary and Marshal but they have sought him. The
decision OF the government that troops should be
called for by the Judges, but by requsion of the Go
vernon, rendered the party powerless; hence the
statement Of the Secretary at Johnston
% restricted" &c You will therefore perceive that
the drift of Mr. Harnes statement is that Of the
yaYean Of the General than the truthful report of the
state Of affairs here. am perfectly satisfied that
strong party has gone from this Territory TO Wash
gton urge Congress the continuation OF the army
m ths Territory, and every means that they can use will
The following extracts from the Message need no com
nent;-
xm CONTENTION RErwFRS PROBATE AND DISTRICT COURTS
An act 10 establish Territorial government for Utah,
approved ninth September, eighteen hundred and fifty
sontans the following lAnguage:The judicial power Of
said Territory shall be vested n supreme court, district
courts, probate courts, and in justices OF the peace.
The jurisdiction Of said several courts herein pro-
vded both appellate and original and that probate
courts and Justices OF the peace, shall be as limited py
The Legislative Assembly Of Utah for the year eighteen
dref nd two in IN tho
Judiciary, approved fourth Of February eighteen hun
bred fifty two. Section twenty ninth Of that act reads
dicaOn, both civil and criminal, and as we'll
oases ~ legislative Ibis Sn ss . ho,
Yrovides for appeals from probate courts. Thus, il
under the construction Of the granted by tue
Easc act conferred upon the probate courts both civil
and criminal jurisdiction, in addition TO the power ord
narily granted to Probate Courts.
have been informally advised that the FEDERAL Judges
have virtually dsapproved OF this construction Of the
Ganc indicated In this action OF the Legislative
sembly yet am not aware that any has come be-
fore these officers such form elicit decision upon
IA MERITS to establish legal principle would
therefore recommend that this question be taken up
through the proper tribunals for final decision. II the
acton o. tne gisa"re pc as sns oommany
prompt action OF tribunal always present. Instead OF
being obliged TO await the tardy action OF the district
courts, which are in session but once year. IT, how
ever the decision Of the Supreme Court should be ad
to the exercise Of ouch power by the Probate Court
you will then be relieved from the embarrassments
growing out o. its disputed powers.
PUBLIC
Col s. c. Siambaugh Surveyor General for the Terrific
~ Utah, commenced the 26th day Of October 1882
examination Of certain surveys made during the ad
nmMtIaon Of his predecessor, the accuracy Of which
surveys has been questioned. these Surveys be ap-
proved it may be eAsona6y Supposed that the govern
rnep WILL establish land Offices here the Indian
title ehall have been extingu.shed.
In view Of the public lands in this Territory being
offered gale by the proclamation Of the President OF
xhc United States, would commend 10 your consideration
Inc nPQnr re
the Of kanyops water power, timber uable lands
and other property belonging to the United States am
tina, these grants considered only temporary
arrangements the purpose OF inducing parties spend
labor and money IN ering the property available.
y quite evident, however, that all these grants viii be
entirely valuelss unless sanctioned by the United States
government IN which IS vested the exclusive ownership
c these lands, and from which alone any valid
title be acquired
Under existing circumstances the grants OF lands be
med for herdDg and ether purposes unreasonably
and their occupancy has become exceedingly op-