Show Cli charge targe of lion clias chas E lill JUDGE OF THE THIRD JUDICIAL 1 h COURT FOR THE RY ity OF UTAH DELIVERED no 1858 or OF THE GRAND JUIL jbf you have been empanelled empanel led 9 sworn as grand jurors for the t judicial district of this territory comprises the counties S ailt lt lai U shamlin Sham lip bip tooele thoele saint saini mary alary huna and carson your inquiries ifil i circumscribed within these des designas ignat limits the functions you are called ti upon exercise exercise gentlemen are of thee the me rm serious serious and important nature at ai 0 to the government of the united stal stai a and the people of the united C state the territory of 0 utah 4 your inquiries will be first dire diorec to of fences against the united stati stat the highest crime crime known to the hi h of the united states is is that of tre treaso the constitution of the united st si thus defines it treason against the united stai shall consist only in in levying war ag agabi them or in in adhering adhe rincy to their everni entenni giving them aid arid and comfort A further declares no person shall convicted comic ted of treason unless on the tt of two to the sai overt act or on confession in in opi op court 12 congress has declared deci dud be the punishment for treason the facts connected with the re rec difficulties between this Terri territory tor I 1 n the government of tire the uni united ed state tat this court cannot know until thell ohp n brought under investigation before J it it is is however my y duty to call ball yi attention to the 1 nit for some time past haw haire surrounded il people of this territory Terri tomy to the belati which they and the government of il united states have respectively ed towana towa ra each other and to the co of aff affairs lairs now existing existing leg hg ggs considered in a proclamation of the president preside the united states dated april 6 1 IS under a solemn sense of res for the truth of his declarations president has bas tile the of ot I 1 territory wn elt the territory of utah settled by certain emigrants from states and from foreign countries have for several years past hanife a spirit of insubordination to the C st i aution ution and laws of the united st sta the great mass of thole settlers a aa under the influence of leaders to fth they seem to have surrendered li judgment refused to be con controlled contrell troll any other authority they have te often advised to obedience and tb 1 friendly counsels have been anaw with defiance officers of the feda government have been driven from territory for no offence offense but an effort efian do their sworn duty others have ir prevented from going goin there by thre of assassination judges joges have bave been interrupted in in the performer perform ai ar of their functions and the recon the courts have been seized and eigil destroyed or concealed many ca acts of unlawful violence haveck haie te perpetrated and the right to rep them diem has been openly claimed by ayt i leading inhabitants with at least I 1 i silent acquiescence of nearl nearly ach 11 others their hostility t to 0 tae the Is laii a government of the country has at leu le e become so violent that no officer be bead e a commission commission from the chief mi of the union can enter the tei te tory or remain remain t there herewith with weir alt all the officers recently appointed la been unable to go to salt lake or where else in in utah beyond the e uns i i diate power of the army amy inn into ina such is is believed to be e the condition which a strange system of terrorism P bro brought u the habitants Labi inhabitants tants of that thal r reg that no one among them could exar an opinion op favorable to this verrin or even propose to obey its laws it out exposing his life and property peril after carefully considering this s s of affairs and maturely w weighing e eghi obligation I 1 was under to see the he ita e ia faithfully execute executed dv it seemed t to right and proper that I 1 should d n au such ch use ue of the military force at disposal as might b be e necessary to ard p the federal officers in m going going into territory of utah and in perform 4 rl their heir duties after arriving there I 1 lac ac cordingly ordered a detachment of the 11 I 1 army so to march for the city of salt lake tb t or within reach of that place and to act in case of need as a posse for the 1 I enforcement of the laws but in the meantime the hatred of that misguided people for the just and legal authority of me he government had become so intense that they resolved to measure their military strength with that of the union they have 18 organized an armed force far from contemptible in point of numbers and trained it if not with skill atlease at least wi with th great assiduity an and perseverance erse 14 while the troops of the e united nit states were on their march a train of baggage wagons which happ happened etLea to be unprotected was attacked and destroyed by a portion of the mormon forces ands and the provisions and stores store with which the tram train was laden were wantonly ybur aurnt nt in short their present attitude is is one of decided and unreserved enmity to the united states and to all their loyal citizens their determination to oppose the authority of the government by military force has not only been expressed in words but manifested in overt acts of the most unequivocal character the constitution of the united states has ordained and established a separation between the different departments of government the executive the legislative isla tive and the judicial each operates in its respective sphere invested with the judicial authority of h this district it becomes my grave and solemn duty daty to recall your attention to the facts upon which this proclamation is founded and to say to you that these are fit subjects for your investigation it is further proper for me to say that it if treason has been committed in this territory the president of the united states has pardoned the offence offense upon a certain precedent condition indicated in this language of his proclamation but being anxious to save the effusion si on of blood and to avoid the indiscriminate punishment of a whole people for crime crimes of which itis it is not probable that all are equally guilty guilty I 1 offer now a free and full par pardon on to all who will submit themselves to the authority of the federal government of this pardon gentlemen although sk 6 a public fact in the history of the country this court cannot take judicial bognis race acce the supreme court of the uni awes bahe case of the united states vs wilson see ath peters R p 1 50 holds this 13 language ngua ge the con r 1 5 t it aion ution t gives gives to the president in general terms the power to grant re drieves and pardons for of fences against the united states le i 4 A As this power had been exercised k ir from om time immemorial by the executive of that nation whose language is is our d language and to whose judicial eions ours bear a close resemblance W we e adopt their principles respecting the operation pe ration and effect of a pardon and ook look into their books for the rules prescribing fe the manner in which it is to be huselby used us elby by the person who would avail him ghelf selfon of it ve A pardon is an act of grace proceeding ti from the power in trusted with the execution of the laws which exempts athe the individual on whom it is bestowed C from the punishment the law inflicts for ja a crime he has committed it is the ite te though off official leial act of the executive magistrate delav delivered ered to the individual e fop op whose benefit it is intended and not t comman officially to the court a it t is a constituent part of the judicial j system that the judge sees only with I 1 i eyes and knows nothing respect ing ng any particular case of which he is not be informed judicially A private de ednot 3 communicated t to him whatever may be I 1 aits te character whether a pardon or re tettie it baj ally unknown and cannot be iacued d acted on the looseness which would be be introduced into judici judicial all proceedings i would prove fatal to the gr great at principles I 1 of oi justice ustice if the judge might notice and U act upon facts not brought regu regularly larl in a lothe 10 the cause se such a proceeding in or p denarl cases ses would subvert the best es t a bi is s ed principles and overturn those rules ules which haven have been settled by the WOM of ages er daa Is 13 there any thing peculiar in a par on which ought to distinguish it in this respect hect from other facts I 1 n i lve e know of no legal principle which ill will sustain such ht a distinction thich L A pardon is a deed to the validity of i w delivery is essential and delivery is not lot complete without acceptance it may then be rejected by the person to hia oln ll it is ls ten i ered and if it be re we have dincov discovered e red no power in a court to fora it on him it may be supposed that no being condemned to death would reject a pardon but the rule must be the same in in capital cases cases and in in misdemeanors A pardon may maybe be conditional and the condition maybe more more oba objectionable c conable than the punishment indicted by the judgement jud gement the pardon may possibly apply to a different person or a different crime crime it may be absolute or conditional it may be controvert ed by the prosecutor and must be expounded by the court these circumstances combine to 0 show that this like any other deed ought to be brought judicially before the court by pie plea motion or otherwise blackstone in his commentaries ath vol p says ai a pardon may be pleaded inbar in bar in p he says it may also be pleaded in arrest of judge ment gnp in p he says a pardon by act of parliament is more beneficial than by the kings charter for a man is not bound und to plead it but the court must t exo ex o officio take notice notice of it neither can call he lose the benefit of it by his own laches or negligence as he may of the kings charter of pardon the kings charter of pardon must be specially pleaded and that at a proper time for if a man is indicted and has a pardon in his pocket and afterward puts himself upon his trial by pleading the ae gene general rat issue he has waived the benefit of such pardon but if a man avails himself thereof as a by course of law he may a pardon may either be pleaded on arraignment or in arrest of judgment or in the present stage of proceedings in bar of execution the reason why a court must ex orji do cio take notice of a pardon by act of parliament is that it is considered as a public law having the same effect on the ca case s e as if the general law punishing the offence offense had been repealed or annulled I 1 therefore give you in charge this subject and commit it to your serious deliberations judicially the court cour knows nothing it is for you as the grand inquest to find find facts with the criminal code of the united states in its general provisions as good citizens I 1 presume you to be acquainted there are however several statutes i of the united states to which I 1 desire specially to call your attention in a I 1 leading article in the columns of the deseret news of the of septem ber cr at that time tho only ipe published in this territory and supposed to 0 embody to a certain degree degree public sentiment we find the following paragraph we can let the mails alone and avail on ourselves of other channels of communication which will not be treasonable I 1 deem it my duty in this connection to call your attention to the following foll owing i statute of the united states see statutes at large vol 5 page sect 9 it shall not be lawful for fok any person or persons to establish any private express or expresses for the conveyance nor in in any manner to cause to be conveyed or provide for the conveyance or transportation by regular trips or at stated periods or intervals from one city town or other place to any other city tyl town or place in the united S states tates between twe enand and from and to which cities towns or other places the united states mail is is regularly transported under the authority of the post office department or any letters packets or pack packages ages of letters or other matter properly transmitted in the united states mail except newspapers pamphlets magazines and periodicals and each and every person offending against this provision or aiding or assisting therein or acting as such private express shall for each time any letter or letters packet or packages or other matter properly by mail except newspapers pamphlets magazines periodicals shall or may b be by him her them or his her or their means or instrumentality in who whole le or in in part conveyed or transported cont contrary to the true intent spirit and me meaning anino of this section forfeit and pay the S sum am of one hundred and fifty dollars the violation of the postal laws of the united states is not dot TREA TREASON but it is a violation of law exhibiting the animus mus A A portion of the military force of the united states is stationed in this territory itis the duty of all good citizens to assist as far as it lies within their power III in bu supporting sporting the laws of the united states i up to the regulation and control co atrol of its army it becomes you therefore to consider the following statute of the united states statutes at large vol tol 2 p sec 17 every ever person erson not subject to the rules and ar articles t clep S of war who shall procure or entice a soldier in in the service of the united states to desert or who shall purchase from any soldier his arms uniform clothing or any part thereof and commanding officer of every captain or any ship or vessel who shall enter on board such ship or vessel as one of his bis crew knowing him to have deserted or otherwise carry away any such soldier or shall refuse to deliver him up to the orders of his commanding officer shall upon legal g conviction be fined at the discretion of any court having cognisance of the same in in any surn sum not exceeding three hundred dollars and be imprisoned any term not exceeding one year for the protection protection of the records of the united unite states in any of its de part apartments aart ments and the protection of such of its officers who may be engaged in properly op erl preserving these records and a ilso I 1 to g give ve force and effect to the pr proceedings 0 c ce eed irig of the courts of the united states in the discharge of th their air i legitimate functions the following statutes have been provided statutes at large vol I 1 page sec 15 if any person shall feloniously steal take away alter falsify or otherwise avoid any record writ process or other ather proceedings in any of the courts court of the united states by means whereof any judgment shall be reversed made vo void id or not take effect or if any person eron te shall acknowledge or procure to be ae ac in any of the courts aforesaid any re cognisance bail or judgment in the name or names of any other person sol i or persons not no t privy or consenting consenting to the same every such person or persons on conviction thereof shall be fined not exceeding five thousand dollars or be imprisoned not exceeding seven years provided Wess that this act shall not extend to the acknowledgment led of any judgment or judg judgments merL by Y any attorney or attorneys duly admitted for any person or persons against whom any such ju judgment doment or judgments shall be had or given stat at large vol 1 I page sec 22 if any person or persons shall knowingly gly and wilfully obstruct resist or oppose any officer of the united states in in serving or attempting to serve or execute any mesne process or warrant or any jule rule or ordet order 0 any of the conits courts of thi the united id states or any |