, 1870-10-18
The Provo DiRculty---Governor Shat
fer and General De Trobiaud.


0oh eAlsls 4Ao piAetsc-.A cAeeA Il
to throw all business in the Tsrritories.-of-
forces aGsinst their statutes aud All,-into
strictly Federal Courts. Such il the Law. ;. cord
Ing TO tue Supreme Court OF the United States.
and there Is no getting away from 1t. 1t
cmAHcuIatcs Tho Territories OF the faw mu-
nic'pa1 or State rights they have hitherto sup
posed they possessed. and have usua?ly. be-
iieve always, exercised. II it il i1nsatisf4c;o-
rs, which it will be, very. there is no help for
It tut to amend the organic 4cts.
| There IL no reason. except, perhaps. in
| the case OF Utah, and II ia TO be hoped that
will not long be an exception. why the Terri
rtnlto Legislatures should not be vested,
| In al bnt in name, with tho sanle poxers c1-
e-cisel by tho State Legislatures !; unless, in-
decd, it should he unconstitutional hut be-
cause tie constitution gives Congress the
p3Ner to govern tic Territories. Ii it there
fore incumbent on Congress to do it. directly
Can it not delegate the power Of = State L 'g.s-
l'sure :: Territorial Legislature, subjec. to
Its right Of rretlmetlon for cause, aud il so,
Why not7 Ars not 90 600 American citizens
as competent 10 govern them.etves in Ter
ri'cry as 5e0, 200 in State: Aud it it il =
SOUND principle III one csze. should it not he
adhered to Al far as possible in the other :
1ptcct it ehculd.
The Territorial system has grown vastly
sinee its adoption. aud i uoy lie oaiy
government OF vast area OF couu r..
|, las to dea! "ih considerable interests. and
= likely to be nece-safy u Ioag time, il tue
ierr.cs7es are to be kapt Territories NATL
they have doubled or tleblcd thtr population.
rest. and it might b. we'll to remodel ii. Tlev
have been toleIatly we'll satisfied under the
| present syatem. as it has existed in practice.
although it bag, yeae after year. tilied
all their higher Offices with foreisnasn !:
teL 'o w. nts years old, almost old enough to
l:are saisea generation Of ,Lait own; bur II
| tie Practice L1s beeu ii.egzl. clearly it mu.s
be ret asiae Fo, 10 convict man OF capl.
tsl IL nee AM. execute him T.? illegal prsccss
is i'sc'f murA +. Il seeE- 10 me- tAst ualer
Eust 1nauEusate in the Territories, Congress.
will be Obliged to enact full ciyi! and crizn;.
n1l ccde for them, and eRc'. OF them. or to
c.snfer III OIL their Legislatures addittenst
ro"ers. There can te no Question a. to the
better coutee III thie dileuua.
Tho cAst came up as folluss, viz: sui, VS..
| brought by Mr. James +. LION for cert Ain
| Interest Ill the Emma silver mine, at Little
| Cottonwood. which is regarded ly r1per : TO
be worth in the ueiEhoofhoed uf half ! ruiIlio;,
McheaE. under tho Territorial code. without
notice to defendant. restraining him from
| working tue mine daring the peIlenc7 af the
stls As econ 4. it wa- served, defendant
came into cotlst and asked for its Dis
solution on the ground that this Was strictly
the United Slater. aud under the rules of the
Supreme Court OF the United States it coulI
lot Sraht an injunction aithout due notice to
the defendant. 1!was contended By the otn-
eE tlce that Ehen this coutt was e1errisin; it.
e1tc;. i lot technically, Territorial Court,
to Which the rules Of the Supreme Cour; OF
the Tilted states did not apply. the same a.
they do nor 10 St.fe Cou1ts; thl;
tue code Of the Territory w.s competent
and alone competent for the government
y; that therefore this code could not COME il,
contiict viii the Ia y, OF the Cuitei States or
the rules of the Supreme Court. Tho Judge.
i he bad 4nE choice in the matter, it il evl-
dent would have preferred to Sustain his own
setlon in granting tic Injunction under the
code lSu, upol! examination he found that
LIE could not. Fur it l,3s been held bv tie Sl-
lfeme Court that tho jurisdiction OF the Su-
presre ard District Courts OF the Territories
combine, merge in one system the Jurisdiction
Ct the Federal and State courts iu tie S:hte-
and agsiu that tile rules af the Supreme t'.,urt
arc afr!icable to thete Courts o. The Teysit r.
les. SO the injunction HAs dissolved, aud
1a;t o: tha Ferra:or1ll code thereby pronounc-
et void how much. remains to be seon
don't Sec l,o~ tho Associate Justice CIV,
escape the Eauic conclusion, ii it il appe.le,i
to the snpteule Court OF thu Territory. anc
ae there l. nc appeal l,te.ible thance 10 the
lr'setl ssates Supreme Court. autl If thare
war. tlis con fueion Hculd still ba inevitable.
':nlcn! It ehond :eveEre 4. 1Fa-t two Of lis
oan de.1sinus- l,,'1k upon Til. rule q, being
essa.hshe.9. Il re;;le= the aLole Question Of
the jur7edie tion ard Fo1cs. ct tbs courts Of
Utah r-vci.e'E in accordance with til, org anic
act, interpreted ~ the highest ir,jicisl rri-
bnral at The lans!. -~r~pi"e -"av Al uae fell
s~otlp al Aoruloa usuEpatioas. au1 1Aeic H.
legally elected officers. I i1:.i al:nost SAID
1ls!r Ltc!ets: urr ltsef, aud 7li the sopl,istry
AID special pleading by which sile ,st anou-
oloue state IT thnas has s+e. Il maintained
THE pi.pya uCIEt6E.
FHtl iuve='iEs:it'. show. tha Provo oatea,c
nf TIE fcl,iiees 10 have bten ,ners drunken
rp!cr. Resulting in oalv stout S15u worth uf
damage, and no loss af!lfs or .looj. l. tooi tho
viso1c enonn*its cam .lete1y by rnrar:.-. and
As mnrt OF Us have been eu1aitr- ',.tlg enough
To get come ids Of s3'diest; t,atlu:t azd DIS
ciPl!ne. We fslt some"l,st intCnact 1t the oc-
cntrencr. ktoainE wisst uae x0ull be made OF
it, Fur that We Lal TO luuE 10 wait. Tat
IL; FE4on Prees at ntAs l. elnuate,s, aud tl,en
openly charged AMI ntxei, that '>t.le ring, a.
they call US, had ilctet! it. and hi.
IN &C HmcnitE rrt Cispo.cd bs tkeu ieA:h..g
20 teilrseit. Wiki We didn't s.l;pose :or all
j. Stant that Major 0-s"tnf. 1T cotnm.ud nf
camp Rawlings. was prisy to the dtssn ofsnc
sslcte3s. or even that thes had any design es-
sond enjoyibC Themselves. re tl,nush: tl.at.
under the circumstances. it wa4 strange sh1t
the soldiers thould have teen allowed to 70
to town 70 h.ve party. least Of all in -usl, =
body aud NTH their atlu.. Ne thought, fur
ther, when Ne vera charged with having
planned aud procured :he outrage. that M.jGr !
osb5rne might properly have .:Atei pnblcly
the extent and nature Of The affair. xhsre tie |
responsibility rested. aud villa, stepa were
punish the guilty.
Thir uAs tho feeling fast aciuated Governor
ShafYeF's letter to Genc1aI he Trobriaal,
whom he snppcFtd to be iu command Of ths
aistr1ct Il will be seen that the letter was
not altogether uncatfed for. although it Ra5
Directed ms
been injudsciously wo1dcd in some respects
II Gay be acknowledged. too. ihar Sl.AlYrr felt
At the time, zs though lie Troniand had
gone over to the Mor.nons, wh!ch ia allowed
bard had never called On the Gore1aor, while
be had been fr:quent guest Of brigham
1oung's. Naturally, being Frenchrasn, anI
man Of Ne woslo, fond Of good dinners and
social hilarity. he came to look at things WITH
EE5Eha1n's rather tlsu with ShaNe1'. eyes
1hs Governors letter pceas to have fur
n,-led him the desired OCCASION to SAY 20, Ia
his reply. ehlch be sent to the press. be tx-
cnlrates Hmst'f from all blame in the Provo
matter. aud, had he stopped there. full Of ,:a-
sent!emauly innenaoes AZ his exIulpatiUn j.,
tren EuilE 90 fAE as to taunt Shatfer With b.
1nE stcklE, @Shafer Is III tnuch tho ss1e ha
A. KaNllrs vas When called to tie Ga5;ue.,-
no ole would have found any fault. But he
vent further. &c toek up the cnd:els snc
the Mosuone- He htrlsd the p:th Of Ill :lcir
Utah At the Governor and hia friends He
charged them with hase. selfsh. and crlei
motives Hett1med them ring or cliqrle
0f intHeucIs against their be:;ere. city poil,i-
cal ttickstezs, sinitter in purpose. nareliA BILE.
eIoils hunters; charges i'm sglue it would oe
ha,d to prove, to sAy the le,ss. AID erer the
signature Of i Colonel Of the CEited States
A1ny, poeitloa taat pEesurpose. its occc-
pant to be Incapable OF conduct unbecoming a
Eeutftman-of teariuE false wstcess aca,ust
ht= brother ofeet+, holding commissions under
:he same government, and entitled to the
same credit for Ciaintsrest edaess in the dis
charge ct their dHties. He yaun,ed the gu
oTer the civil service. which ss1s in bal ,a.,e.
and iust noH not torlle out, at lea.s By part
Ct his regiment, stationed near Provo. BY the
facts.
The effect OF this support OF the Mo1mons
WAS shown At once IN their increased arro-
Gsnee- The Church organ. ue1t day, APPLIED
al tho foul erithe1s it knew to the FEDERAL
officials in Utah, md said. in 50 many words.
that they owed their safety. not to their COM
mieslons. nor to the lave, uor to the upr1ght-
ness ct their action, but to the forbearan:e of
the Aotmons. Thi, has Gona On: They nov
openly e1preas their determination to hold
their ANIMAL mustet and drill regardless ol the
eT~in-Chie fo.b1dding it.. And on the third
day Of conference istb] Brigham got
for nearly two years. and said
" th.t il the lov-liEed wlelps Of the law both,
cred him with yexations 1a~zEits be wonld
allu.ion TO the tate ruling Of Chief Justice NC
kean. The country can rest assured tAat
Judge Mexican ia not only the right M ~ ~
| the right place, but il safe man "n1s
| ever he does will bs in accordance E1:h tns
law, md 90 conclusiveIy that BnEhsm
| 7cf