davidaulloa/AmericanStories huggingface dataset:
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23

mcDt, Is as unwarrquted as We believe a.
the time Il was written ID have been en-
tirely wrong We have too much conh-I
dence in the gentlemen who comprise the
supreme Court now in Utah, to indulge
for q moment the idea TINT they would
.cOrelcssly deal ont abroad their opinion
on 50 grave question until Il came pro-
peFly and iuiieialIy before them. Yeiwe
are willing to admit the motto d '''Iiye
and let i've and correspondents must
have something to tattlo on.
II regard TO the same correspondents
remarks referring 10 GrantsEills, (lot
"Grandsyille, y that 'the place is all ex-
Ecitement, ? We can only say, such is not
the cnso The people there are now
pIoughing, sowing, planting, and pruning,
aud III they ask is noninteryention.
To sumup the whole matter, we only
request On behalf Of the citizens of Utah,
thatnen who write Or speak Of our affairs,
win first inform themselves fully aud cor,
rectly, and then write and talk irathfnlly,
4 fully and impartirlly npon the subjects d
(which they write and talk. II Is ono
thing TO rnuke d passing call in d hamlet
or settlement and form an opinion, from
that passing call, 1pon The character and
habits Of The people whom he sees 81 con
verses withfor d momett; ills another Il
form mn opinion from 4 soiourn sun
ciently lengthy 70 learn lie Why's and be
Causes Of their circumstances and thci
I actions,
4 We do not wish TO einbody 10 condem
nation on who claim 10 be Of ore cIassel
I. ~ the list q correspondents As We hayt
said, there are among them nlenof talent
H tFuthfnlness and Integrity We hare had
and now have some such among us But
/ the majority 81 them work only for lheiI
hire, and write 70 snit those who pay then
best Some unfortunately Try to bcgnilc
!. both aides, and fail in pleasing either
The safest way Is 10 tell the truth IRE,
spective Of party.
III addition 10 Tie correspondence re.
\ fefred to,.we notice ii the Missouri Re
pS6lieqM Of the s8d ultimo 40 anonymous
letter which Is far from Icing what i
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23

rs. Il. t Il. . ~ q .t . 4 s.f -' D &
upon these courts was, as to Justices Of
the Peace refusing them jurisdiction 10
Try any case involving. the title Or bound
'ary 70 land, or any suit where the claim
or demand exceeded Que hundred dol.
lars.
Third. That BY virtue 81 that clAnse Of
The Organic Actwhich provides that "thc
jurisdiction 81 the several courts therein
provided for including The Probate
Courts, ''siaH BE- as limited BY EaE,y that
the Legislature had the right to provide
by law for the exercise by the Probate
Courts 81 Jurisdiction in civil and criminal
eases.
Fourth, That as. tho Organic Act
conferred common law aud cllaneeiy juris-
tliction apCn the Supreme and District
Courts respectively, that this jurisdiction
beloagcd TO these courts exclusively,
hnd that the Probate Courts were con.
fined 10 the Jurisdiction conferred BY
statute, and such Jurisdiction might be
exercised conearrcnrly with the District
Courts 70 the extent provided BY statute.
Fifth That as the. Legislature bad
passed a law comforting upon the Probate
Courts concurrent Jurisdiction with tic
District Courts 10 hear and determine
Ecivll as well as criminal cases within their
| respective couatics, and had provided ths
manner in which this Jurisdiction should
Fbe exercisetthat the trial, conviction, and
sentence Of the prisoner were valid and
binding ii law until reversed by an appel
late court.
/ Although Judge Shaver, one Of The
best Of jlrists, tacitly acknowledged the
Jurisdiction Of Probate Courts, Judge
Kinney is the first who has dared assert
his decision iadiciaIly. We have Otter
talked On this subject. and care not now "a
lengthen out our remarks 1t wonld be,
however, q source Of pleasure and gratifi-
cation should some kind gentleman, who
has been an abnser Of THE Jurisdiction Of
orr Probate Courts, come forward, spin
out his arguments in ink, and give US a
chance for reply. On that subject 1t re-
qnires but little labor to be armed cap.a-
pic.
The Supreme Court which win be held
to-day viii have but a small docket; the
results Of Investigations and trials in the.
subordinate court bearing too much legal
Justice 70 justify appeals
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23
-a 80
NEVADA.

TnE Pony from the west gallopcd into
town at lsI Of yesterday. The news
brought BY il was Of little Importance
save that on the way bill were the follow,
ing words from Carson: p .... o.
"HuRRLn FOE NEvADA!l THE PREs,
lDESr HAS SIGNED THE BILL!l--L oreI.
We have nothing cOufrmatory of the
statement, except the postmarks on some
private letters The associated pres,
package conveyed BY pony may have
taken on the news without its stopping
here. BE il true or false, it matters not
TO US. A race for Congress and SQUAD.
bles for Office will furnish interesting items
of news this sumner. Z
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23
CONCERT.

On Tuesday last, by the polite invita-.
ton OF Prest Joseph Young we attended
the Seventies Concert in tie Social Hail
~ commenced at an unusually: early honr
Tor a concert--oue% O'Clock pm. The hall
was not as well hIled as we should have
liked to have seen it, but this, possibly
was IN consequence Of the invited guests
having been accustomed to attend gucb
entertainments in the evening The
change, however, is a very pleasant and
agreeable one to US, and. we hope the
public generally will favor the reform IN
social amusemeDts, as well as those intro.
dnced for practical observance in every
day life. .s.. = :. - -, IVY =
This concert, unlike the generality Of
entertainments, was got up BY President
Joseph I Dung, admission free, Among
the number Of excellent songs sung on ma
occasion We're the following: 'rHail the
Day by MIR. Sprowl; "Deseret, . by Mr.
w. Willis; an original song by Mr.. PouI.
ter. on the invention Of hoops in The days
Of Queen Elizabeth, now called crinoiine
The Battle for Right, " by Mr., Savage:
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23
THE MoUNTAINEER. MARCH %. 1851.

aJeanny Graz, BY Mr. II. Maiben and
Mrs Hawkins; nRuls Gods Kingdom
was sung with good eject BY Mr.. Sprowl;
nBeil Brandon by The Misses Willis,
Several very cheering sentimental Songs
were sung by Mr. q. X. Savage, and none
was more enjoyed and appreciated than
the concluding one, entitled well Meet
Again
X The entertainment was interspersod
with addresses from Presidents Brighton
and Joseph Young, and Elder Gilbert
Clements. I.
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23
OUR cOTRTS

THE Court for the Third Judicial Dis.
triet 81 The Territory adjourned on the
10th. We hare given in another column
Iapretty ,lIsynopsis Of Tho proceedings
us prepared BY our reporter. /.
Il was q source Of genuine pleasure 10.
attend Judge Kinaey's Court. For the
FIRST time in years he bench was dignifeds
His decisions were prompt aud pointed.
The bar was whipped up 10 their proper
Ednties IN q style they had little been aceus
toned 70. III former coafts they we're
daeds to the Indulgence Of several weeks
FOR The trial Of tic most triyial ease.
With Judge Kidney. The complaint, the
answer, hleissue, aud the argument were
alIbut the matter Of an hour or tive.
And never yet has greater general salts
faction been gisenin judicial proceedings
il Utah. Our territorial officers were
sustained in their appointments and posi-,
lions, and the sight 50 novel Of q jury Of
real genuine resident citizens was trnly
gratifying.
His Loaor's compliments to Tie jury
were=certainIy well deserved. They had
IaboFed hard and faithfully and their ven.
diets we're III every case inpartially aud
legally rendered. Tho oaly objection We
could have was that through their foreman
friend Wooltey, they pitched Into the. bar
occasionally about their gas. We'll, 1--WE
were not individually concerned ii the
matter. We might Incline 10 The opinions
expressed BY Mr., Wooiley; for after long
and tedious examination and crossexanii.
nation Of witnesses, and prosy arguments
upon the atlmissability or inadmissabili-
ItyCf such and such evidence. it is not very
cruel 70 say that it is Patieuce- trying to
be bored for hours by those gentlemen
,yelePed LAWYERS, however witty through
their slang, eloquent in their loudness, ar.
gnmentatiyc in their assertions or
elassic,in latin asmgsterioas to themselves
as the jury,
The temporary yaledictory Of his honor
70 tile bar was. exceedingly touching nor
do We think that there was one present
who did not wish that Judge Kinney were
permanently domieiled, with his interest
ing family, in Utah.
We regret that our reporter was not
present at the Court House on Tuesday
TO report the. decision made by Judge
Kinney ou the application Of James Ora.
ham TO be released from confinement in
the Pehitentiary. .:'sl.s
The facts and decision, We understand
are substantially as follows: The prisoner
obtained writ Of AGbeas corpus upon petit.
ton, alleging that he was illegally re.
strained Of his liberty by reason Of sen.
sense Of the Probate Court Of Weber
County, before which he was convicted
'of larceny, and sentenced to imprison-
meat ioF one year. For the prisoner, il
: was commended that the Probate Court
mad no Jurisdiction, aud the proceedings
and Judgment were void. s...g
J. The Court held- First, that the OH
! Section Of the Organic Act vested all
! judicial power ia the Supreme, District,
! ana Probate Courts; and in justices Of
o the Peace. .,-........ - 80 =
; ssetnd. Thatthe only restriction placed
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23

Appointed; hut nothing was said about
Utah. She Is doubtlcss reserved for The
heavy battery yet 70 be iinIimbsred.
Fort Sumter is reported 70 have been
vacated. -Four steamers had been, i
was supposed, sent 10 convey the Federal
troops from Texas. The most Of the dis
patch, Ii regard 10 matters IN The United
States, was based upon suppositions, and
the foreign news was d but little import
anee III. I. 4.
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23
Iutal NemlB.

PosE oFFIeE.-By the mail which left
Yesterday morning for the East, our post,
master, Mr.. Morrell, was a passenger
Whether be has gone for the purpose 81
securing disappointment under tue new
administration, or on private business,
We have not learned, but for the inforna.
aon o. our readers we will here state that
MT: MANHFEE has been appointed deputy
post master, and left in charge Of the 81.
nee during Mr., MorrelPs absence.
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23
THE PONY:

TnE Pony from the East arrived last
evening at halfpast five pm, bringing
Washington dates till pm of the 18th.
There was nothing Of sufficient Importance
to justify the issue Of an extra.
Secession matters were in very uncer-
tain condition. Federal appointments to
eonsulsllips, dc, were mentioned, and the
Governors Of BacOtah aud Nebraska were
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23
THE CARSON JUDGE.

VIZ copy The following from the SIM
Francisco Hcrat5o of the lst., and give i
for what II is worth. TIE question Of
the right Of The President To remove d.
Judge we}cafe not now 10 discuss Con-.
cieutonsly We can say that the exercise,
of such power The day after certain ap,
poiutments were made taow however
matters 81 dark ty.gone history would
have douethc President muel credit and
The country some honor 4
. As 70 Mr.. IIlllyer occupying the seat
referred to, the loud harrahs for Nevada
may slightly interfere herewith, Hehaf
better set his face toward the Capitol and
look for a seat III Tie House; Of as Car
son hasever been refractory, and inclined
10 secession, head a revolt aud join the
Southern copfederacy
srHE UTAH Jupc gshiP
MThe Mormon correspondent Or tho
Sacramento Iaioa, ii connection with
Ethc E.nferpyiye seem "a have undertaken
the respo6sjIility 81 writii,g .inflge Cr,l.
dlebaiigb ont III ofEiee and u that et,tI
are industrioiIsly circulaftrg directly and
by ippntation, statements that arc utterly
false; these stories directly eaii for 4 de-
NAL, Tor the benefit of those persons who
.innoecntly ,,ecretlYt others Mil, tbe nossns.
sion Of those traits Of character tbat, con.
stitntes man tl,e nolIest ,w,nyt ~ C,od n.
eve have .riyen i,nr oniI,ion n The
ca,e for what II & ras Toy,b ana hnne,l the
matter MIGHT rest mil snch fine as II
,a.,,, w NJ r 4 49, 49, ~
IA settlcnsn,. o,,y orip;oa Eas, n9t
,.l,ap,ed ana hsne. 81 ~, y ~ ,,,eessit,s
oy. ,ro,,,;e, : Is re;tnratlno !, 1lnr nj,iaet
HI ,otic;r.,, rs nat,sr ,i,;s t;as + I'm,
,lv y, fotreet SOM, 81 tls arrn,,egns 4 atel
ments pro,nulgated Nv .intsrested nartifs 4
Interested obly II fhe cra,ifieatiap 81 q
hatred that reflects honor 81 NJ, obiect
Jn,io CrsJ,,fa ,s.s ~ -
10 this. the second il,dicial III atyict, by,tb6l
Legislature. and The organic Aet at,thot.
zine the Court 10 rer,,Int6 III twn5 tern,s
AT Washington Inc f,nilion Il nc,t I'M: |
lnimons as to tile right of tlie President
% remove d Territorial .Iudge, and III. |
tond the shadow Of a doubt The in6omiprI
Administration viii aIriorto,st ne tirst. aq,s
.ppoilIt Judge from atnoIiost I'D friends |
0 occupy the position now q nlalter 81
h4tyra,,, tI,s;,s s.r,5.i J,lr5s
:. :
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23
THIRD JUDICIAL DISTRICT
z. K. COURT. .5e,s.

|. TnE District Court, for the transaction
of Territorial business, commenced its an.
nual term on Monday, in The County
Court House, Hon John Fs Kinney IRE:
siding The Hon. Henry Il. Crosby, Of
the First Judicial District, w0s present,
and occupied a seat on tie bench.
There were present Of The members Of
the bar, Attorney. G tneraE IS. MI. Blair.
WIN, II Brodhtad, y. S. District Attor.
ney for Utah, Hosea Stout, Jaaies Fergull.
son, Stephen dc Wolfe, Aufelins Miner;
WIN, !. ApPieby,=:lv. j, Mccormick
John @ James: also, Henry w. Lawrence,
Territorial Marshal, M n, Burton, Theo.
dorc Mexican aud Leonard Wines, tiepn.
deputies, and Patrick Lynch. 7 7: s. ..@.s:
Z. John W. Myers applied and was nd.
mitted a citizen ofthe United States.
/. The following gentlemen were then
duly eRlpabnelled aud sworn to serve as
Grand Jurors:
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23

William Nixon George b. Wallace
Barney Z. Adams, John Neif,
M md, Perkins, Jesse " Crosby, 4
Samuel Tarnbow, VIM /, Bruadage,
Miner q Atwood, John II, Gfeeue,
/ 1has, N. Doneisol, Evan II, Greene,
John III, Runleli, Henry w. Miller
James ure, Perrsgrfne Sessions,
Ellis n, Sanders George w. BrimhalI
Moses Tharston, Jonathan Browning
burr. froSt John y. Kinlhalt,
Horace 5. Etlredge, E.S Heinenway. .
His honor then charged the grand jury
substantially as follows: .....',. :.
Geatlemenoflh grand jury: Ii is eusto
mary in oil courts, upon.cmpaaneling and
jswearinga grand jury for the courtto pro:
coed togiIe d charge upon snch matters as
will enablcit toperformits duties;in accord.
Rnce with the requirements Of the law,
Before ! proceed to do this l will appoint
Horace S. Eldredge your foreman. =. =.
1t has been painful TO me this morn.
ing to have the time OF the court wasted
in consequence Of gentlemen not being
present at the appointed hour. Bat YOU
are now emppnneled, and about to enter
upon the discharge Of a most responsible
and important duty. You have been Sc,
lected for your Intelligence aud standing
in the community aud you constitute q
very important branch Of the court.
by wise provision fthe Constitution
of.the United States no person can be
held to answer form infamous, or other
criminal charge without being first pre-,
sented by grand jury OF the county or
district Of which he is citizen, and
hence gentlemen, you will see the i'm
'portance of the duty and the responsible.
" that rests upon you. ~. =
t. Courts are necessary in al! countries. so
long as human nature remains as il is
and so long as the passions, the ayarice
and cupidity Of man reigns predominant
IN the human heart, CourtA. are neces-
sary, because Of the preparation OF
crimes, aud in order that criminals may
be brought to justice, and that they may
be made to suffer for the violation of
law; it is necessary that they be present.
ed by grand jury, and 10 this capacity
.you come here, as public accusers. Yon
are about to inquire into all crimes that
have been committed within the third iu-
dicial district. In order TO do this Won
must be diligent in your inquiries; and In
the presentation Of cases which NAV come
before You be careful that You present
only such as are guilty. :
You must remember that only one
side Of the case is presented for your con
sideratiou, The defendant has no right
to any defense before your tribunal. You
only act on the part Of the territory, for:
the people, to inquire into the violation
OF law, and the ROpetration Of crime. in
the third Judicial district of Utah. You
do not sit us a grand jury for the United
States under the laws Of the United
States, but merely for the purpose of in
curing whether the criminal code Of the
Territory Of Utah has been violated. If
The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-23

r. KEAoyAL..z-Messrs Hooper, Eldredge
g Go. have, since our last issue, removed
their stock Of merchandise to the house
recently occupied by Charles a. and Elias
Il, Perry, on the corner Of First Soath
aud First East Streets, where, as hereto
fore, they will be pleased to wait upon
their patrons and friends: The notice Of
removal came too late for US TO leave out
their old advertisement and insert new
and appropriate one. hut it will not be
omitted next week. ...-.. r. -.;.,..' s... .'.
Shreveport semi-weekly news., 1861-11-14
The Latest British Argument in
Favor OF the Rebels.

The secession had been contempla-
ted and threatened for some thirty
years past. 1t was defended by ar
guments as good as have usually
been advanced for national insurrec-
tions and if it was in opposition to
the dictates Of political wisdom, it
was in conformity with the passion
of human nature. The States of
the old American Union would per-
haps have been more prosperous at
home, and certainly more tosanida-
ble abroad, if they had remained uni
ted but the same may be said Of the
States Of all TIE empires which have
fallen to pieces. Union is strength
always everywhere, and the larger
the population that can be retained
under these conditions the .reaterwill
be the result. But it happens that
these considerations are not
allowed to prevail against in
huences of Il more immediate kind
The unision of Independence is more
attractive than the vision Of power.
The people of the Southern States
are only doing what the people Of a
hundred other States have dons be-
fore them. They may be short
sighted, but they are determined.
They may be mistaken, but they
know their own minds. They may
be wrong, bu, they are ten millions.
The Fcderalists themselves admit
the right Of insurrection, but deny
that instruction can be justified III
the present instance. That argu-
mcnt however, can never stand. 1t
is absurd to say that rebellion is a
sacred popular privilege, but that it
can only be exercised with. the as
sent of those against whom it would
be directed. The Emperor of Russia
might admit the doctrine as thus
stated. If people have right to
rebel against Governments, it must
be when they think fit, and not when
the Governments allow it.--London
Times.
Shreveport semi-weekly news., 1861-11-14
CHE erni-Weealy Dems.
THOS. HI. MANNING,
PJyT1LISHER
mo DICKINSON
EDITOR AND PROPRIETOR.
To Correspondents.

We will be pleased to receive con-
t,;butions from our friends. in and
around Shreveport. An occasional
article from our planters, relative to
the crops, will be very acceptable
In fact, we desire correspondence
from every section Of the States.
Personal articles will not be pub
lished, either as communications or
advertisements.
Those friendly to our undertaking,
who may hear of any local, or other
items, that will prove Of interest to
our readers, will favor us by handing
in the same at the Office of the News.
In writing, be brief and concise,
bearing in mind, that lengthy com,
snunications are seldom appreciated
by newspaper readers.
Shreveport semi-weekly news., 1861-11-14
TELEGRAMS.

When telegraphic dispatches first
were transmitted over the wires con-
fidence was, and could be placed in
the reliability of any Intelligence so
received, but now, in these days of
improvement, how sadly changed
A dispatch of the present day may or
may not be true, and the chances are
against their truthfulness. How this
depraved state of things is to be OBJ
waited would be difficult Of sugges-
ton, on our part. We would advise,
however, as there is no remedy,
our readers not to place too much
reliance upon reports or rumors until
they have been 2 eroborated by fur
ther particulars.
Another preca.lon. and we are
done. The momono the Stage makes
its appearance III ar city, it Is sur
rounded by persol rs eager to hear the
news; the passengers nave different
questions propounded to them about
the war, and to get rid of their per.
secutors-tor in tlis light are they
looked upon by the weary traveller
they either give expression to the
first thin that enters their head or
manufacture some bloody battle-if
a. sensationist, the engagement be-
tween the two armies will be pro
nounced terrific, and the number of
killed and wounded will be positively
speciied-when in reality there has
been no engagement at all. The
anxious news-sceker feels relieved,
and repeats the important intelligence
to the first person ne meets, that per-
son reiterates it, and in short time
the whole town is excited. About
what? Nothing.
Shreveport semi-weekly news., 1861-11-14

conscience, Of speech, of elections
and of the press. In word, it is
faithftA to the maxims, laws and ira
diti"ns which constitute the basis
and the substance of constitutional
liberty as understood and enjoyed in
England and the Confederate States.
We are much gratiiied at this in
telligence from Canada. 1t shows
that the people there have very
Just conception Of the merits Of the
Southern cause, and that they pro-
perly appreciate the blessings Of Il
Government, under which the ha-
beas corpus is held as one Of the
most sacred and inviolable of the
popular rights-of u Government
which would not dare to ignore this
great landmark which defines the
boundary between constitutional and
arbitrary power.
Shreveport semi-weekly news., 1861-11-14
BY THE PRESIDENT.
A pROCLAMATiC>..

Whereas, it hath plessed AlniSh~
ty God, the Sovereign Disposcr of
events, to protect and defend the Con-
federate States hitherto, in their
conflict with their enemies, and to be
l.nto them shield.
And, whereas, with grateful thanks
we recognize His hand, and ackno WI
edge that not unto us. but unto Him
belongeth the victory; and in hum
bic dependence upon His Almighty
strength and trusting in the justin
Of our cause, we appeal to Him, that
lie may set at nausht the efforts OF
our enemies, and put them to confu-
sion and shame.
Now, therefore, I, Jefferson Da-
Wis, President of the Confederate
States, in view of the impending con-
tiict, do hereby set apart Friday, the
10th day of November, as Il day of
fasting, humiliation and prayer, and
I do hereby invite the Reverend
Clergy and the people OF these Con
tederate States, to repair on that day
to their usual places of public wor-
ship. and to implore the blessing of
Almighty God upon our arms, that
He may give us victory over our
enemies, preserve our homes and al
tars from pollution, and secure to us
the restoration of peace and prosper
ity.
Given under my hand and the seal
of the Confederate States, at Rich
mond, this thirty-frst day of Octo-
Der, in the year of our Lord one thou
sand eight hundred aad sixty-one.
JEFFERSON DAVIS.
By the Presidents:
Il. Mt. HUNTER, Sect Of State.