, 1870-09-24

|
having MOI ipflks> for they would, probably:
naver aBree. which hrlngs us "a tho point o.
thro&inY aeide fhe Jury systeaa % imPr1ctica~
be. nndfr the eiroumstances, unless, what IL.
perhaps, nQt impossible, the people them
whether Mornon OF GeLtile. or both. :shall be
gre I a2d good enough to rise above pre1u7
dice aid do iustice In Ill cases - near n thsy
E u determine it. 1t IL the only alternative
! can see in this community IL
necessary TO preserve civilization. that sonse
Common principles Of right be agreed upon |
and acted upon, And il the case of Grah,
this ia one Of them-that in every case where
= citizen, bo he Jew, Greek, or Roman. shall
< ss. iife es ea s t. se u 81 esas fssf Sa IT,
sire to afcertain and do justice. Many are |
shoughtlees enough to say, that for twenty !
yeasb the Nornons have had tho juries, and |
now It is our tnrn- But We have complsined
Of Their having the juries, a. hardship and
injustice, md now, because tirne4 have
changed and given NJ tho advantage. shall We !
Monopolize the iuries, and TINS inflict hard |
ship and injustice on them: One
wrong doesn't justify another. II We
1avs e st the eon ea sas asoa sS
well let that stand. II it comes- however, to
choice between all Mormon or ali Gentle
iu.4es, in all cases. the latter. in my judg-
mint, ia Tho least Of the two evils. that il, II
IL G1A OE AlAtE u huEh NJ A3lf utCAAeG II IL UUl
in thc Geutilc creed that the end justifea tha
means They hold and bslieve that injustice,
aud oppression, aud rubbety, and murder, and
outrage aie wrong. whether peIpesrAtel to
aoyalce tho inter. sss Of the A0rmot Chnrch
Or its mcmters. Or for any other purpose.
do Lot Arsuue what the opinion OF tue co:rt
will lc, know nothing al that; an. consiG-
! er1ng state Of things which is sought to ba
| brought about here, to wit, the bringing of
Al judicial business Of any Importance within
Tue province Of = t,i.unsl Eholls and en-
| tiraiS in the hands Of tho United States
Government, and, therefore, hostile to tho
great majority of the people, which. it it eau
| not be done nuder present Laws. it ia con-
tended, should be proyiccd fer by additional
legislation. and. fos good and sufficient rea-
SOLE. pertaining to the well -bssug OF the Cum
mouwcalsh. 1t m,y he asked why tt1ls hos
,i!ity or antzgoniam between the people OF
| Etah and the General Government: for that
it exists is acknowledged ly The attempt Ut
the people tu exclude the officers and coutts
OF The government frctn as much part as pps-
sinle in administering LAW ami Justice. judi
clsl'y- However 1t con,es, it ID fact, 10 be
! met etmttinae, and. Although there eau be no
question IS to ~hich should and must give
way in rnct contest, yet il may be permitted
to examine how "asiess and cheapest it NAV
10 done It would seem to l.s the only path
lett Ut, End ct il is bard one, scarcely less
hard tor ny than for the Mornlous, tie m1ss
Of whom are as NeE-1neaniug ~ they are
| nIitled.
l. What makes it Of absorbing interest, lust
nsw, Al d What may serve to illustrate the diff
| Guilty OF the usartcr. ia the pending. i,quor
case, Of Whirh l wrate in my 1nst. Sus s14uvntly
to that letter. he p1itles who destroyed the
ll}uos wesc arrested in civil Auit for dam.
ages, and required 10 givv bonds N three
timer, the value Of tho property destroyed
On the opening Of the couit the coun=el fol
tbs city moved that the order for their nrrrs
in the c1sii suit lie vacated for informally O
; the cdrids and accompanying aindsvits. I
WAS argued At length, but The Court lias no
: get prurounced ul'on it. It btlougs to thos'
troublt solue gases Involving 10th r1yil apt
} criminal fratl1fc-. for. though brought a.
civil action merely, yet By the etatu.es 0
, Utah, u. well III common law, exemplary dam
ages in the nAtute OF a s'eualty are allowed L
: three tinlea the amount OF tie value 'ot til
destroyed property.
: But in either r;is or tho criminal snit, it i
Understood thst the issue Will turn oh th
: character Of the jury Ii the court rules shs
the Gest,!e jury summoned hy the Z. S. MAJ
! ehal from tho body Of tile district is a legs
h july fur both Cuited States and TerritotIa
tus inche, it IL expected that flio city will |,
condemned; aud il not. Of course not. "
/ may shy it shouldn't 10 40. and trulv it fhoul
Q or religious animosisics. or perhaps stnult
i say rreja3icer, t:as his Judgment and actia.
q in such case. }ut eau he help it, huma
y nature being what il iss do not believe
= Mormon jury could he got III Utah that woul
not eustain the city. because the city is Il,
Church, the - Kingdom ofkGol, and anythin
u to r,tstsih that, no n1tter hos arDitfnry G
J. unju-t or dangerous as a precedent. is ri.;t
: in their estimation. 4. least tnst
c their creed. May be they are bate
T. than their creed, but il 20, The
y don't often show il. Nor do believe that
III GENTLE jury could he got in Utah that won
= not feel compelled to couJe1nu the city. F.
~ although it may be said with truth that Engs
ID trtrl,s nas wrong in selling liquor in the ci
It. without license according to thsc;ty orllnanc
Is set, hoH can it he shown to be right or sal
of that magistrate whose jurisdiction is iintt
~ lv law to S100 shall issia an or.ler as III til
r case for the destruction OF 1000; that {
y one mans affidavit. wIsheut citation, a deal
" rncy be tried aud condemned: that while
u appealed ease is pending in tho highest cou
9" known to the Law, magistrate Of the lowe
n court may ieBue process. to take the proper
e from the Jurisdiction Of the former, and th
i. net to h6fd but to destroy; that Il
VI p6Iics JustHe Of a city incoEporat,
L. by Territory may do that Which State
[t the Cuie.l S;ntca c lunot do-that Is, procee
= sGainst properly IN rem without giving Il
Is owner pttscrlbtd d a chahcc to defend it r
Al il fact, without due. process OF law: = til
+ such magistrate may ~ one act justify tire
&c paeS, contempt Of court, riot. and legal usu
Q, patton, Hos can a Gontile Jury 10 expect,
70 to eu.taiu -ucll monstrouzly outrageous pr
ut cccding~, taken iu tile forms aud u,l6cr Il
81 sanctions Of law? How can any intulligc
1t ret tr men sustain it, unless btsotted Al
ut blinded with religious fapaactsn.