Show editorials edito T RIALS I 1 A L S versus MILITARY AUTHORITY 4 y OUR readers will re rei cember e ge be or r the correspondence betheen bf the peace t neaver beaver and the commandant athe athe military post 1 I camp cameron in which the latter disputed th the night right of the former to attach a sc sov bev sowing ing machine under process of law within the military reservation and maintained hh awn right 10 op p event a 30 soldier under his ind to answer a summons of the justices court justice tyler clearly proved his side of the question to bo be right but the bom commanding manding officer held on to hl his hia supposed military authority in the premises 3 and so he matter came up I 1 at length before the war depart ment merit when the justice was fully sustained the following documents set the subject at rest estand and bhe she show w that under the laws of our country there is no conflict between civil and military authority and that thel the former cannot legitimately bo be obstructed by the latter the points established sustain the au thornty of territorial courts will be received with satisfaction by all who havo have studied this subject nua and are of great Import importance anco to the courts and the public beaver U T 2 land june 1875 editors despret resent Des crep cret nue nus I 1 beg herewith to place at ut your disposal the final correspondence pon dence between col douglas commander of post at fort cameron and myself on the subject of civil and military jurisdiction HOUSE OF representatives washington D C k june Jupe 13 1878 dear brother it gives me great satisfaction sati bati sf action to fend blend you the enclosed document you will find your position fully vindicated by the judge advocate oell gell eray elay etal 3 1 E oo 00 no will have any more trouble about the jurisdiction of the civil avii authority vilh with kind rek reb regards ards iam lam your brot brother ber her GEO Q CANNON danei tyle iB V sq benver beaver utah uth f i i GENERAL ORDERS no 30 HEA THE 77 ARMY ADJUTANT OFFICE washington may 27 1878 1678 the following opinion of the jude judge advocate Adv Advy enie caie Gei get general leral bas baa been n approved cpr ved vea oy the y of war by wha whose I 1 ae direction it is pu published lashed for ine inu information au aut 1 guidance of of thib BuReAu or aF MILITARY JUSTICE may liay 9 1878 returned fetu med mea to the advocate gendral the judicial power of a territory is in courts established directly by congress or Ju directly indirectly by its authority through the territorial legislature legia lature and no doubt it entertained that the local courts of a territory are fully empowered to cite officers or soldiers of the a army stationed within the territory to appear before them as defendants in civil actions ao tlona tiona as well as to attach or take in replevin or execution in such actions personal property y held by such officers or soldiers and not specially exempted from attachment tach ment etc nor can it in m my y opinion afflect the tho exercise exer eise else of this power that the defendant is js quartered or the property ia is held heid upon a military reservation in VI VII vil I 1 opinions 5 attorney garal general cushing cashing says what is a military reservation simply an act of the president under authority of law withdrawing so many acres of the public domain from the tha immediate administration of the of public lands lauds that Is I 1 from sale at public auction and by preemption pre emption or general gendral private entry and ud appropriating it for the thure boing being to some special use of the government and in another opinion pinion in the same volun volume fe p 4 he be holds in substance that I 1 a crim crl cri meis mels e committed uan a militar military V reservation tion established in a territory does not give to the federal courts coir ts jurisdiction of sueh such prime but that tho tho the same bame remains within the jurisdiction of the territorial courts and th same bame rule would appear to apply with even evon more force tol toj to civil elvil proceedings of the tho nature of those described in the papers in the present case base therefore jam clearly bf the thia opinion that the territorial justices Ju slices cou court rt had jurls juris diction of the action instituted to try the title of personal property ja a sewing machine mentioned aa as also authority to cite the soldier directly be before for it in t the he usual manner as a defendant in paid action and tois to as fue sue its Us writ for the caption of the property upon a judgment against the defendant further 3 that thit the commanding officer of the post though it would have been no more than courtey courtesy to have advised him of the proceeding sand invited his operation cooperation co he was not authorized to resist or obstruct in any huy manner the fhe execution execution of tho the summons or process of the court he should in my judgment upon the soldier being cited eltea to appear as within specified have caused or allowed him to be jie excused from duty for the purpose and service by the sheriff of the writ wilt requiring hi him i to take the tho property should not halve have assumed rexf to exercise any control whatever 1 ovalee over the same or otherwise to interfere acre with tho iho due course b of law WM 11 dunn judge advocate general by py command of general sherman E D TOWSEND adjutant general official assistant adjutant general respect fully DA dariel DANIEL iel TYLER A COLFAX AND TRINES WE promised on monday last to devote some attention to certain t te e marks marka ladeby made by X mr colfax at at the institute on iber ther previous saturday evening we do so now A I 1 fa in his jils anxiety to say bay comet something h in g tl t opio who wrest ed this territory from frond ures ires uma t I and sterility that gentleman dl dwelt t upon their hostility to the mining interest but in subsequent sentences he hoat boat contrasted the facil facilities itle itie s of I 1 utah atah tir for mineral develop development meL i wi with enose lose 1080 of ot the L guir surrounding ra regions much in the favor of the former mer said he be yeu you have hav e many conditions here too tob favorable to mineral development in colora colorado ao montana nevada the black hills etc the mineral development pre Tre preceded ceded the agricultural develop development mint reudel ing mining more difficult and more moie expensive here however the conditions sare bre are otherwise the eyrly settlers pett lers were inspired by their leaders to devote detoto themselves to agriculture 8 ri rather than to mining 1 thus it appeals that hat tho people of utah did the wisest thing abit after r lil lii all ali ill in developing the agricultural resources of the Teni tory previous to attempting to unlock tue the ever last laft lashing Ling hills to seek for the treasures hidden therein this wn was not hostility to mining either h in achion or intent it was for fur the true interest of every department of industry necessary ebsary to t the e growth and permanent prosperity pros of the Ferri tory tors if there had bee beel a general huncove ring g of t the thy bp precious metals in the das days of ja our early settlement tho probability rob is that utah would today to day be comparatively destitute of fruit flowers and vegetables I 1 and be im m porting a great portion of ita its breadstuff while its people without manufactories manu factories or pr any other of the tho home industries which are area necessary to the advancement of hsuch ucb uch a community as this would bo be in a far different condit condition iQ u fram rpm their present peaceful 3 contented progressive greb gres siye sive state with their farms armb arms and gardens garden schoolhouses school houses and churches t their air past pastoral oril 11 life ilfe and purity purify and their devotion ia to the principles which induced them to gather here from various parts of th tho the world their leaders desired to postpone the general disco discovery very VeTy of mineral deposits known by isome coexist to exist until a permanent agricultural I 1 basis was first laid and an advancement eff enn effected acted in those those branches of manufactures which ar a ro c a of the tho utmost ti to D a eople people whose numbers so rapidly inn Iri brease by family process and by emmig ra tion froma fromm the centres of industry abroad L uso bd so much for hostility to mining an interest which all persona kona sona are as free to follow in this territory aa as elsewhere but blit which the mormons Mor mons have been beon advised c t let lot a loa toa on e for good and sufficient reasons which thed the vast majority of them appreciate and perceive to td be for fur their temp temporal bral brai and spirit spiritual good 1 c i mt colfax boasted of a piece of and impe impertinence r irence of which tie tle he lie was guilty at a formek visit here hero it Is and to tb BrIgha mYoung himself when ing at his house the cali call he had hal made our arty party I 1 told him frankly that as ao the mormon bible bibie which he claimed wab a revelation from god a and nd the book of covenants ik and nd discipline mth both prohibited polygamy the fullness vf of time had arrived 3 I 1 thought when he should have another revelation flopping any more polygamy and restoring his hia church to its us primal doctrine upon subject and at my second visit in ju 1669 1 felt it a duly duty to another I large irge rge abulence in front of tb thu the townsend house to reit felt reiterate erate more ai length the bame bama views and to 10 indicate teb th irue etrue doctrine of eus oua liberty bilt but to point out albo also uhe al the mormon bible yaps was aa as nid uld mandatory atory alory galst against poly gamy as gs the national law itself and that special def defying I 1 ng that lawvere law were inconsistent with our batio national the above ungrammatical coarse and foolish tirade was waa not utter uttered eci eil ui in the heat of an argument orthe or the ibe haste afan of an extemporaneous address but was waa read arom a written paper carefully prepared as the appt announced now I 1 t the he gentleman is ao so and of the subject on which be he dilates thal that he does not even kno know w he the names of the books to which he makes mahos reference by the mormon bible we suppose be alludes i lu to the book of ol myrman and by the book ot of covenants and li allue newe we presume he refers to thu tho doctrine mull anil covenants tile tiie only bible uhl d by iha the tho cormons Mor Alor moda mona it is that t ju in general use inchol in joaeph joi jor eph remith the prophet pro bro phet made a new now translation or revision nc af the thi old and new now testaments but tut 11 was yta y yun yeh t A hyarm so aa as to lo 10 ready for publication tb the thy book of mormon con ains ams one reference to polygamy and that it is a 1 special to the Nep Neph hites ites itea not to have more wives thuu urne orie with n ai which eads aa follows full fuli olva Ovva i arif if awill I 1 will the lord ot hosts raise up seed freed unto me I 1 will commard iny my people otherwise 1 they ihry shall hearken unto thebe things I 1 the gentleman has probably ja beer orloo hud hed d into chebook the book ue u aud and to quote lud lod aud the same may be said in rein relt aih tib to the other work which con talu ahlum i abing hostile t to plurality of wj ve and cannot be so construed ext pi L b y implication and need needs but mugil t to show its perfect with the anon marria marriage his voluntary advice to a gentleman while paying him a visit of courteny courtesy to nave another reve lation in to one an nyu nun nuu culi as divine wasl was simply a p prece alece of low impudence tb to which no of ady ariy or eis els euse J 0 ot cummon debe debo decency 1 ncy would dc de end at anu d which could only tb te e led ted from a statesman orthe of the credit moi mol lier species 1 he e speaks of special epe elal cial revelations defying the national law which he say bay sa a are 91 inconsistent jtb in this thia lie still further exhibits his hia utter igno ignorance rance ranco of his hia subject that which he denominates nominates de ape special revelation 1 was given to joseph in 1843 it was not publicly proclaimed to the world though known and practiced practised in the chuich church until 1 i but bui theace the act of CoD congress greks gress against bigamy and polygamy in the territories WAS not passed sed until 1862 how then could the revelation defy that law the fact js is that the law was passed in defiance of the revelation it was specially aimed against il it it was wag framed with the expressed intension intention of putting down and out an institution that tori corded lorded ed za an int integral egraY part cart of the religion of the latter day S saints here comes in the inconsistency the catuto of 62 66 enacted acted in ill this thia kp op litand rii ril and for or this rl purpose is inconsistent r with ith the constitution which forbids any such legislation and nir Mu colfax was inconsistent with the th facts and antl with mth sound argument when ho he uttered subh such nonsense we havo have another word with the ex politician for fon which we have not sufficient tent space today today to day das we hope he will on receipt of this read bread mark learn and inwardly digest it and when he next has an address written for him about the mor 1 mons we advisor advise him to td find a speech constructor cons trucker who knows Oom something ething of the subject A PARTING nor NCr WORD A parting word with huyler schuyler So colfax i that gentleman gent lema iema ni in his hief pro ephe tac the and denunciatory attack on the tho to which we have already made allusion after disclaiming that the tho hostility against us was not on account of our religion i n uttered atte red the following with wi th a great deal deai of vim and much better emphasis than marked other portions of his lecture the people of this country have enshrined the doctrine of religious liberty in pur ution but bat civil and religious liberty and lawder law defying ying license are wide as the poles asunder you worship god or not noti as your conscience and your y judgment impel jew jow or oen Uen gentile tile christian Chr istian or chinese catholic or unbeliever find nind here the truest and d fullest toleration you can pray with your face towards jerusalem or you can pray not at all youl yon cau can attend the church of your choice or you can stay at home from january to january but if you proclaim that some revelation reve lalion to you authorizes you to take my wile wito because you are the strongest if you declare that a revelation ju justifies you as a religious duty in throwing your children into an american ganges if you insist that a revelation gives you the right to sacrifice your son on some kome american moriah if you sa that a revelation justifies you in as assassinating bassi Rassi some ruler rulen for putting down rebellion if you vou claim that jou can commit bigamy la in de flaum bf tua tha uati national onal law because of some vision some one else received ree lula thia ia 1 mot not nob religious liberty but a ot american law which is binding on all of us until dional by the courts we showed yesterday that plural mar marriages marriaga riago J wa a part of t the e op on of the latter laite r dby day saints which had been practiced practised as such for many years before the Cori corl congress gress of i he united states tates passed an unconstitutional for thep thel py pose of prohibiting the fre ermer eemer sel ael of that tenet now the gentle gentie gunlite 1 man roan by II 11 linking laking together a number of lensea offenses of against the person and aud then attaching to the chalu chain the open question of plural marriage attempts to throw the same odium upon the debatable matter as |