New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-21
HIGHLY INTERESTING INTELLIGENCE,
President Buchanan Oyersaauied
by Judge Cradlebaugh.
BOUNDARIES OF EXECUTIVE AND JUDICIAL POWER
THE JUDGES IN UTAH IN REPLY TO ATTORNEY
GENERAL BLACK.

GENERAL BLAth'
GREAT SALT LAKE CTI. u. T., July 10, lsJs.
To his Exceilency JANIS BrcHASAs President Of
SIR; We have received communication from tue
Hon. j. S. Black, Attorney General for the United
States under date Of 18th May, conveying an answer
TO orr Joint letter to your Exceency Of the 9TH Apt
last. The tenor aud conclusions Of this reply make 1t
necessary for u.s. in vindicston Of our official position,
more fully to address you the same subject IL was
not our purpose to embrace in our letter full history
Of the PrOro affair." We designed merely to state Ger
tain facts peculiarly within the knowledge OF the
Judge who held the late term of the United States
Court there and to express an opinion as 70 the nsees
ety for the force which was furnished by the Com
handing General in aid of the administration OF the
The military details had been fully reported by the
General 20 the Wsr Department, and we presumed
would be laid before your Excellency.
According to the theory OF our government we nave
no official connection with the Executive, and we
were careful state that only the anomalous condition
of affairs in this distracted Territory would lusy us
in communicating directly with the Chief Magistrate
dining our terms of Office upon matters affecting the
| general honor and interests of the country.
We are ip no wise subject TO animadversions on our
judicial conduct by the Attorney General nor 70 alU
| y1itons from any quarter. Our communication, how
ever has been made the basis for reply embracing an
opinion upon the matters involved both IN their Jud
cial and military relations and we are informed ,nal
all other advces relating to the same affair Cop
les of the document nclosed TO the Governor and
District Attorney, and it has been extensively pub
lished throughout tho country. letter OF the same
date 10 the Attorney we find in THE Constitution of
the 18th June conveying to him certain instructions
from the Attorney General and embra;in also COM
ments on our judicial action IN this Territory. NO
copy wss inclosed to u.s. though we take this Pubica
ton to be authorized by the Attorney -General,
and we shall beg leave to comment on it as an Official
paper III this connection.
| 1he Attorney General SAWS
Tbe Of thing In Utah made extremely desirable
that the judges appointed for the Territory should conhne them
Of pubic accu;eT Marshal who rs.POnseIs for tn.
nothing left except hear patiently the brought before
Snce aJdussd on both sides II cid not hight
necessary that these 70 be the ns Of
interference with the public affair. Of the Territory for the Tx
| ecuve never dictates to tine Judicial Department"
II this language means to charge that we have not
concerned to the reasonable expectation
| the information upon which the Attorney General
| bases the complaint certainly emanated from othef
than proper official sources, so far as we are lnioTmed
and come from whatever source 1t may, witt all re-
| spect to your Excelency, we oppose TO IL our uh-
| onalifed denial On the 9th of March last, Judge
| traoebauph addressed letter TO the Commanding
Geners requesting detail OF sufficient force 10 Trans
NIT certain prisoners then confined IN the guard mouse
of the camp to the place OF trial and to keep them G
der GUARD until their cases could be disposed Of. This
is the only call which the Judge made upon the mill
tary =" 70 aid BIN in the performance OF his duties
during the whole affair. There was no puohc Iaii IL
the district nor any provision by law, for the cone
ment al subsistence of prisoners charged with GRIM
insl offences. Indeed the whole design OF the Legs
latuIe since the organization OF the Territory seems
TO have been aimed at the utter exclusion OF me
sra authorities from other than nominal jurisdiction
Two deserters who were then III dergoing the pun
ishment adjudged by military tribunal were called
for by competent authority az witnesses Tor the toy
eminent in a criminal prosecution, arising under the
law of the United States against entclng the deseItion
of soldiers. Ii military necessity that sum
Gent guard should be sent with the witnesses, and
Gen Johnston kss hasei; stated in his dispatches o.
| the 3lst of March, 1859 now on file in the War De
! parment that this movement was necessary ana ina
he shoud have felt it his duty to send over military
force, whether asked for by the Judge OF not I'm
| supporting command was sent forward by the com
mandng General, upon a report from Captain leth
the tatement of facts contained therein being con
Cured in by the Judge, and encamped, not in sight o
the Court ROOM but four miles distant from Provo.
was not sent "soon afteTward." Two weeks session
of the Com had interviewed. In the mean time the
senneIs of the email camp at Provo had been abuseC
and stoned by citizens there, and Threatening Demon
STATIONS made inducing well-Iounded DeIseI Oi med
itated violence.
The troops at Provo did not surround the Court
House; they eDcamped near and on one side o.
it, upon a lot which belonged to the house which hac
been rented by the United States Marshal for the use
of the Government. The ground was furnished 10y the
Marshal and they encamped there not only by his per
mission but at his request.
In regard 10 the letter of Judge Cradlebaugh Of the
9th March, the Attorney. General states that:
Besides the matters upon which Judge feq
siion bases itself with which the Judge na1 no sort
official connection II the duty Of the Marshal to see tha
the prsores are safely Kept and a. the proper s
had himself and his civil dpaced By
regiment Of soldiers he made complaint Of weakness n1
uttered call for assistance Under such circumstances was
mistake Of the Judge interfere with the business all"
At the time Judge Cradlebaugh requested the mill
tary guard the Marshal was not in the lilo JUDICIAL DIS
tIct. lie retides at Salt Lake City, and met the Cour
al Provo the first day OF the term. The geographical
features ftbe Territory peculiar embracing sue
cesson Of mountan-lOcked valleys, running hundreds
Of miles north ard south, in which the settlements are
situated. 1t impossible for the Marshal, any one
of reasonable number Of deputies to be on hand al
all times attending the preliminary wants OF the three
Courts. Leaving this out Of view, however, We can
see that the Judge out OF his proper sphere IN
making his call for surely Il to aid him N the
performance OF his duties that the troops sent to
convey the prisoners TO the place Of trial. Had there
been no Marshal in Utah, surely the ends OF justice
ought not TO have been defeated to
the view Of the Attorney GeBeral-t was proper for
him only to make the call. If the Marshal could make
il jortiori the Judges, whose officer lie is end to
whose authority he 10 subject had the power 10 do so.
| Provo is fifty miles distant from Camp Floyd. In
case rescue had been attempted, it could have been
effected long before the Marshal could have made his
Iequeft to the Governor, bis requston been complied
with and the troops marched to the scene oil resist
| ance.
The Governos re sides at Salt Lake City, also fifty
! niles fl, m Provo. The necessity arose too, when
tbs Marshal could not be conferred with 10 time 10
act So far from this action having operated 10 sup
plant him il had his warm concurrence and support,
| as hereafter will appear.
After the company under Capt Heth reached Provo,
the prisoners were delivered to the Marshal as
they called for he being in constant attendance
| on the CouIt, and when remanded were remanded to
| bis custody and by him delivered TO the guard. He
| mn cd On