New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-21

10 concern whatever, nor can we admit his right to
Iefd NJ any lecture upoD them.
Ether CT had ever either Get OF Instructions
nor knew the puIrort OF either, until after the Gov
tTnor had visited the OF Provo and all the milf
tsIy r0yemens hsd been made which were MADE
during the whole affair How then we be held re-
tpoI sbt for proper Interpretation OF the meaning OF
these instfuotions and scron thereon comoimaOe to
the policy q the Administration Jndgesare mol pre-
81 med TO take cogDizance OF the Administrative pocy
The Instructions to each emansteo from the Exscu-
tive through different channels only, contain his d.
1tccns AID are purely matters OF administration.
In the order f tie 9th NAV, with copy OF winch
we have be furnished modifying the Instructions 10
the General, and stating that, Peace beng no" re-
stored TO the Territory, the judicial administration OF
" the lass III require no help from the army under
"his commaud"' fhe fidelity ruth rhich ne hgs
obeyed the Instructions heretofore gireH h'm IS
specially commended. The conclusion from ths ID,
that the military movements made by hun nave 70,
ceivod the Executive approval, and that the techneei
distinction between summons not to be dlsooeyeu,
ard "requistsOn," was not taken. We are SUI uu-
able 70 perceive any distinction, and conclude tns hs
Instructions given TO place material assistance al
the dsposa of the Courts TO aid them in the perform,
apoe of their duties. If the original Instructions did
Justify the giving aid 70 the Judiciary, hnd keepiug II
At Provo against the Governors remembrance We 90
not perceive why any modification OF the Generai
uctions necessary why the proper rule OF
construction was not laid down, and corresponding
action ordered. Bat this is matter with which the
Judiciary hiss nothing TO do whatever: LII ls military
aut stio which has been decided in favor OF the Gen-
ersl ana the decision communicated through the ONLY
! Executive channel TO which he can look. AS TO the
| justification which Judge Cradlebaugh has Tor hls
seton we refer to the statements made in our 1ter OF
The M of April last and other adyices relating to
| the same afaiI" On file in the War department
judges are presumed TO know whether their Courts
needed aid better than those who have no concern III
the administration Of justice. The Court thoush aho
still thinks the exgency justified the employ OF
| the troops. The Governor who came upon the sPot
| and made inquiries" of the very men whose chimes
were being disclosed, became convinced 10 the con-
| ttarv We think il was matter with when ne fihu
GRO port OF official connection" long as the Gen
erals instructions urmodified, and the Judiciary
| free from Executive dctatlon. ,
Our views upon this subject are fully stated ia the
opinion Of Judge Mclean III the case OF the nited
States aet Guthrie, reported i'll IL Howard, !S4; and
we tske rom that opinion the following extracts to
| snow the relation of Independence which we sustain
| toward the Governor:
at Is argued that a. the Preden. is bound the laws
faithfully executed the to remove unfsits or nconpe
tsn. 0 rs.,nl &c oopv APPLIED 10 Execuye officers Sly
own view is that the power to see that ire laws are
the Courts when resisted by Ph, steal force Bpt however
strongly this may refer to TIE P9sa g;sf Oh tue
n the nature Of his Office the President must
ary CONSTITUTES coordinate branch of the Government over
which the President hss no 800 gs 81 @
Executive may be called TO on the legality Of ms acts
The President Ike all other officers Of the Government Is sub
ect 10 the lav and cannot violate II with upunity lie Is re-
ponsbe the nrecon Of private rights AID before te'
Court the same a. 0e Rs Sss[ GG bs rSs s
that the power shall be carried out except contro'
The elects q the control Judicial by the Executive
mower are seen history England during the reign Of the
Susrts The most Dsuppoabe tyranny and corruption were
realized under power Of the Executive Govern
has always been the oorupthg power q al Ise sGy
and patronage and IN the fora eon Of our
care Wa saen 70 place the Judicial power on 81 S
onefous aud delicate duties nothing but high and impartial dis
Whenever any portion Of The Judicial power shall become
subject TO the there will De an end
policy Mhit sad create b san
ye power and the rights Of the citizen become the mere In
stIument oftkat power"
The Attorney General Gays:
"Thst in Territory situated Ike Utah the Governor car
make war and peace when he p and holds IN his hand the
I'd he each one az the JUDGES well the Marshal
= b gS 9 I.. ss
csT %s s S ns Ss OH
We submit that the exercise OF the general discre
ton with which his instructions cothe the Command
ing General respecting the employment Of his troops
would Dave efeetually prevented the cosions sug
ested by the Attorney General as possible Of occur
renee The ability and prudence which Gen. Johnston
has on all occasions manifested, furnished reliable
barrier against such an improbable event.:
The doctrine that the EXECUTIVE of territory Cal
make war and peace rken he leases and holds in hi
hand the Issues Of life and death for thousands is on
political in its nature and strange TO Its pTacti "a
operation would oyerturn all our established notions
ssepaTatien Of the powers Of the GoyerDment-snt
] convert sn Executive the eQaity OF whose Otiicia
acis is subject to judicial inquiry ard who is bound
in all things By the Constitution and aws-into an EN-
reTor whrse VIII would be law aud whose character
that of despot.
The encroaohments 4 the Executive upon the otheI
divisions Of Government IN the memorable struggles o.
'9S ana the pers TO personal liberty which the tissues
o! that day involved, we supposed had been finally
condemned b. the popular triumph of republican lib
eIty, which soon afterward passed into our naiona
history.
TIE announcement at THE day, by the Attorney
General Of the United States of such principles tend
ing to COZ soldaton of power in the Executive head
seems, in our judgment to be matter Of high public
concern.
The Constitution declares that Congress shau have
power 10 declare war But was there anything
like making war in the proceedings at Provo?
Was not portion Of the Army of the United States
employed in Boston, without consultation with the
Governor OF Massachusetts, in the execution Of the
Fugitive Slave law On Anthony Burns, and the Fed
eal troops employed in protecting the Court room Of
Judge Loringl
Was not portion OF the marine force stationed
around the polls IN Washington TO protect the citizens
in the exercise Of the elective franchise and did not
blood flow in the streets of that city
Were not United States troops thrown about the
pOf in Kansas and did not the voters approaching the
haliOt-bOX-the fundamental source of republican GOV.
ernment-psss through a file Of soldiers
In letter to the Governor of Kansas the Secretary
Of State, under date 9th August, 1851, says:
ITsssn, sPrrove, the precautionary measures yon
force posse ecmtstr aid in the enforcement Of The
laws. should il be Necessary
when ey officer has believe that process placed
the aid such portion. Of posse eomiiatas a he may think
necessary and at this point may shuly commence the action
In the Instructions 10 the General commanding the
| forces here, it distinctly stated:
should the Governor Judges har'hs OF the Territory
cid either in the performance Of his duties you will take