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Show THE CONSTITUTIONAL CONVENTION. CON-VENTION. SIX'OND DA V. - Tui.'i'lay, I'ub. Lin, I I .'ufivtint im conv:ti-'l u- :r ailjutiro-iin'iil, ailjutiro-iin'iil, at lua.m. K-jll unllc-ii; iirum in.;ut. IV.,y.:r wn !ral by KMer M. U. Shi,,. I journ.il ol ye.Mi'rhy w.i.s rad and approved, 1 ll'i (il'LMl'fullt tllCIl announced '1 11 K STAN i Nil I'l ).M MITTKKS ; Onluumv.,-, lift f UiuhU, ,1c OrO. t. l.'.irillUM, Jn-,i;iJi '. V iIILIl, .l.ilui T. Cum.-,' A. (). Sin.M.f, Tiiniutk, iMt.-li, K. I. KicliarJ, William Jea-iiii.-i, -John Uowbcrry, John SJiarp. ,,', fVrl II '. Dt j,-H tllll lit 1,'JIL'IIZO Situw, Albert Cun-inxLiJii, William II. hwe, Aur.-liiw .M.r, Charhs W. lVnro.r, .Mo:m Thatcher, lladh-y 1. Ji-Iiiimh), (ii;o. I'eacock, Ijirin Km-. nUir hjurtm, nt I'Vuuklin 1. Uieliiinl, M'ihh Thatcher, Kraut Fuller, Ful-ler, Albert K. 'Iliurber, ficurge j. Nny.liT, William Jenmrii.M, L. ,1. ller-riik, ller-riik, Kims L. Ilyii;, William Hvde. J,idieian 'A. Snow, J. (J. Wriirhl, John H. Miiuer, Wjii. llaydon, S.'M. I'.Iair, Vi!li:im II. aLuighim, George n.-L'annou, Joo N. tSmitli, ftnos I). liny.-. Mu i it i'i"l miilnthrr Coriorations Albert I', liockwood, j. K. Harring-t Harring-t ,n, M. W. I'.ilton, Juhn lirown, Koch It. J,iewelli,; Hi iiLcn Miller, .lolm IHguo, Lyman W. i'orter, Henry Iv.dey, fuit,irr H,t,l State ,, A. . f muut, Jlavid (Jandlaml, Applcton M. 1 1 lrtuuii, Urowt'll HimooH, Aiusou Call, George Hun-idgo, M. I). JUm-moi)i JUm-moi)i j, M. W. Merrill, Snow. h'lliifiion ( Ir-nriri Trait, set)., (, W. IViiim.'O, W. li. 1'reMon, Albert 1' llockwood, Thomas Calliper, II. W. rianli'rs(m, Jolui Kowuyrry, John toIli.nl, .). (!. Wrii-ht. .l((7.-('li;irlcs (J. Iticb, William U. 1'iu-e, W. S. Snow, Chester l.ovo-hind, l.ovo-hind, .John, l-'rankss, 0. A. Madsen, TluunaM K. Iloiiclio, Culliert King, I Vter Ka.smuscrr. Titration A. K, Thurber, Thomasi S. Smith, John N choker, George Ken-ii:ill, Ken-ii:ill, 1,'avid Kvan.s. Tlatt L). Lyman, Solnu Fosli'i-, SanniL'l V. Atlwood, William K. JittL'wood. Jiii " iii hmrnt am Kt'inorat mm O'in-i -TlioiiKia 1'. Akerf, Jessu i la-v,m, la-v,m, II. A. lIolcDiubc. U, S. Krb, tloori1;! , liry;in, William I'rioe, I. oriii Karr, Albert Uarrintfton, .urc-lias .urc-lias Minor. V.V Institutions. ..o.-o.h VminCi I. I''. Hui'l, W illinm Snow, Abr;.m llatd!, William . Cluff. dohn II. iMunlofk, Lot Smith, I'anicl 'i'homisnn, O. .N. JjiIjoiiiUOht. Hoitntiui, Mi'str! fit u, utts, Provision. Provi-sion. and A.ii'-ndniinfs. Jes.-o N. Smith, P.-nii-l Tyler, Gilbert Belknap, Loit'ii.i) II. Hatch, John II. Harries, Kdw.ud l.i!fon, Israel Ivins, Nathan T. l'nrter, Nymplms U. Muriioek. .S'ri' thik and E fi ti'i Or. finance. Thoiujirt 1'iteli, William Mnrrison, 't Sii.is S. Smith, iKiam Hiii.ebuivJ, , Hii;hard Waiburtim. V. A. Hammond, II. S. Alexander, ALikt lowry, John 'l'. Cairn-. Mv. Citino. moved that iho oith pre-ct'ibed pre-ct'ibed yesterday to ho administered to i he members of thn convention, be now administered to the president elect by .some olVtvvr authoii.ed to administer adminis-ter oaths; and that tho jtiesident administer ad-minister thc-aaio to the other ollieers eleei, and to Mieh delegates to the con-. con-. " vention as have not already been sworn Mr. I'aino, a.s notary public, then ad in mistered the oath to the j resident; who in turn administered it to ihe of-tiivi of-tiivi eleet, and to Mr. A. Hateh, dcl-eu dcl-eu He from Waateh comity. Mr. t'aine moved that i lie doorkeeper door-keeper be mmcfted to J'uniish a suitable suit-able table and seats l'ir the aeoommo-duiion aeoommo-duiion id' representatives of the press. A-l..,,t,,l. Iud;e llaydon moved thut the re-pirters re-pirters of tho city papers, e-orrespoud-ents oi' lore inn papers and the associ-:it associ-:it I'd prostJ, bo tendered, and they are hereby invited to, seats on the floor ol ibis eonventioD during its .es$iou. Adopted. Mr. Miner moved that lo copies of the minutes of the couveution, including inclu-ding the .standinecommittees, be printed print-ed for tho use of the "members of the convention. Carried. .Mr. Thurber moved that iu the lioldiui; of this convention no expense shall aex-rue to. or bo. chargeable against, the Territory of Utah. Lost. The uon vent ion then resumed the consideration of the motion ofjudc.e Haydon of yesterday, that this convention con-vention do now adjourn sin? die. Mr. fitch took the tloor and spoke as follows : If theiv bo thoe, within or without this clmmber, who iinaint that tho member:- of this convention will bo con- lent, to co ihrousili the torm of construct-ini: construct-ini: an evl i lice. of iMato govern inont without with-out h.'pe ih:i such ed'uiee will ever be oecupu'd by a living tenant, they mis-. mis-. tiiko the spirit of an earnest people ami the purpt'fi'of thoir ropresontatives. Xiie I'hieet of tliis convention will n,t bo accomplished until ro mi shall bo found upon our national b:ii:r.cr for tho -tar of Kvoret: av.d tiie i-,u-tioa which ii-iti rntsj u nt tho thresh ed of our 1m-b.TS 1m-b.TS i-, will the iieerisitics for a S;,no .'venuiientju-nfy soiiu- oil'ort and much s;icntici! on tho part of tito people of Ctali "' lie- not ".ivi -irice, upon hi return from a trin ea?t-. " I am -ati.-f,ed thai there is ;io aie;y tor us williout Siato voni-:tic::;, voni-:tic::;, nr. a thai we can Iiihimio Stale i;ovorii:iieia without i-oiKV.-.-ion-." He tA'.' d th.' case wuh ni:i:ii.,:ii pre- o of I' tah williout a MMc O'V.'-rrli;',; ic-ir cry li es, are in constant and in- a Jt'pr.i: wirrt a mission. l.euircviev. tlieMtuatiori. Abou. Au-t.i. Au-t.i. J .... K McKe.m atnved ii.-re a- l": i .' -I :::c : n.o sv promo i-urt of I : di 'fe.Ti:ory. :tr.,l l;-iHc: l-'joTu iho hourof : i i : i r r i v ;i i he dis coon mo I'ltu'ii: aain-l ilor-u-ti insii-t.a.' insii-t.a.' lie no:, c-. rli.ip-.. sr. irr.iiiorai : y ii, .u ,re iu Mor no i.- is s eo'r- tianj.iv. "is-. :-it h-' .':;.o:.ly is ki'i: -j:- vu- .'f .til t-.oi;.' : LirKti-!:a- iiyi'.iiM'io.: a,pur(--S' ai.- if. , , ,, :.- , l. u'v. ;!! .t;:d y.n- .-dkid i ,a-Ac;,:r Lo : .-.i. -.1 oil ioy. .Mo;io:.s he. el !i :.lT u,ie-! : m.-r.lh-s .:vd 1' !il'CU!i:-.;-; upon !h oai"tid-..-, k--e:tt -jii::;::; iKiciit?. a:;.d s-.i.i :ue y.j. L... ,: i:iu-. a:.d "s;:i:c:esK. jruual itnee. o aid knov.- trior? is a c'iijj f :m:i,is whxa aftor :c-uy year of ::p- r'.i:-. :i:.d il:-;v.-.dv:idie comincl, wul, t ji.roas'a Iut oi power, or sraia ot fa:Cj nr.,tiif;r ii.ordifiHti aim, ,udd'-idv de-v;l..p de-v;l..p wild ir.mrT.L ..ai.-.y whi'-h tp- n-.l'iiii -ii.rt "t iw-riddrn.-Ji, hl.;e -h'-rt uf in-:ttiiiy. It f,r Im- pivstiif if hi-i piti-t that tui- Ulan, nut wi :h -tn'id-in ri-umrnahii: ueti'iin hen-, ' 'jii'.in- u-i to rerw. ,) Li.fi ,'in,..rt of th-i I r ral 1 adiiiKii-trati.-ri, wiiio- wii.h --..nio d:.c"ri- i ly in th.; riifr1t.-...i.il.-,.J idl eru-ado, ho win.! fur hmwi f Uifi cFid'.r-i-ui'-nt- "f i lh'iu-ai,'!s ,,f jp.rr-Mt,, wlio ui;iv know dhat tio-y d.-dr.j pulyifamy -liad be de- ; truvid. nnd wliodo n.it, adi llt; pri.-f, or i;fi.i)r', "huw many ALiieniiii.: arc in , hotii.'r or riot thii theory bo eorr;c: r'--jn.i linir thu CHH.-C, and it i-i ih ni"-t idiantaliii; ol ut,y I run eunecive, tnu r.-nit i, th.) -ai,,' (. M-.dv'Mn 'a Kiorndy and hopch:-..d v d.;af to the ino-l '-oiiujl'in dtililiilldi 0( till! uppultt-nU i hi- poii. y, ami in any rn-- nin-ry a .Mormon, or a ilunnon vmpatlii..;r, or a fniin'rvativi' (i'-unio "bo cuncfrtn-il, liire, ii my be found ruling unp)inilh;led in all r in; j uri - prudence of Knland "r Aim.Tiea. Illd..-ATKL1.I n.-i. .Such a man you have union you; a CT.tnil sun; iia'.of in- .-t -1 1 1 1 - -" ' '11.0 ininr-ral ibipo.-il.s of L'tah havo altiiieli.'d liurc a liirn number of active, r.'iLltjni, ad vtMituruin men, and s ith llieni have eoiuo many who are un-cru-1U I-ii-, many who uro recklc--; tiie ln-n.ditary t'o.-s uf indu-try, ordi.T ami law. 'I'nii ela-s, liini iiiff tii(i tuurL.s mid Federal (illiecrs arrayed aaia-l tho Mormons, havo with pieined alacrity placed themsulvcfl on tho side of courts and otlieers. Ko.-mentrt ordinari'y ili.--cm-dant blend together in tho fame -cethiiii cauldron. The ottbicra of jn.i-ti" jn.i-ti" tind allies in those men who, dill'er-tuilly dill'er-tuilly -itirroundetl would bo thinr foes: tho baifiiuM and tho hell? rsfioul ho-an-nas to the court-; the altera of n-liion are invested with tho paraphernalia and the prc-oneo uf vice; ihu drunkard espouses es-pouses tho eiiiiAU of llm apostlo of temperance; tem-perance; tho companion of harU.Ls jiruiiohea the bnautle- of virtue and eon-liuenoo. eon-liuenoo. All believe that licence, will ho granted by tho leader.- in order to advance ad-vance their sacred cause, and tho result is an iuuiionso .-.upport from thoso friends of immorality and architects of disorder wbo euro nothing for tho eau-e, but everything eve-rything fo r tho license. Judyc MeKean and Governor Woods, and tlio Walker Itrothers and others areduuhtle-'s pursuing pursu-ing a purposo which they belmvo in tho nndn to bit wise and ju-t, but their following fol-lowing is of a diileront class. Thoro is a nuclein of reformers and a mass of ruilinns, a centre of zealots and a cir-euinfereneo cir-euinfereneo of plunderers. The dramshop dram-shop interest hopes to eicapo tho .Mormon .Mor-mon tax of .jtW per month by sustaining sustain-ing a. judge who will enjoin a collection of tin; tax, and tho prostitutes persuade, their patrons to support judges who will interfere by hnhenn corpus with any practical enforcement of municipal ordinances. or-dinances. THi: KKAIU'LT. RKaU.Td. Kvery interest of industry is disastrously disas-trously affected- by this unholy alliance; every right of tho citizen is threatened if not assailed by the existence of this combination. Your local magistrates aro successfully delied, your local laws uro disregarded, your municipal ordinances ordi-nances are trampled into the mire, theft and murder walk through j'our streets without detection, drunkards howl their orgies in tho shadow of your altars, tho glaro and tumult ol" drinking saloons, tho glitter of gambling hells, and tho painted Haunt of the bawd plying her trade now vex tho rcposo of streets, which beforolitno heard no sound to disturb their miiet save tho busy hum of industrv, tho clatter of trade and tho niu-c. :'iklo of mountain streams. '.i'1 osses by which this condition of has been brought about, as welt as tho excuso for invoking theso processes, may hero bo briotly stated: In ISjiia great political party declared itself opposed to polygamy as a relic of barbarism; in WO that parly Achieved power in the nation; in l$o2 an act of congress was passed, tho object of which was to suppress pol ygauiy in Utah. This law was permitted to remain a dead letter upon the statute books. The war to suppress the rebellion, the problems of reconstruction growing out of that war, the proposed impeachment of l'res-iilent l'res-iilent Johnson, the various exciting public questions of tho day, diverted tho minds of legislators and constituencies from tho Mormon question; and not until un-til after President Grant's inauguration did tho anti-polygamy plank of there-publican there-publican platform loom up into national consequence. It was then observed that the anti-polygamy act of congress of 1Su2 had never been enforced. Tho Territorial Territo-rial laws for drawing and impaneling juries providod, as in all other communities, commu-nities, for a selection by lot. Jsinetoen-twentietha Jsinetoen-twentietha of tho persons eligible to jury duty in L'tah were .Mormons, who naturally natu-rally declinod to indict or convict their neighbors for a nractico which was believed be-lieved by all to bo a virtue rather than a crime. The law prescribed one rule, the soutimenf of tho community where tho law existed prescribed another. Similar conditions prevented tho trial of Jetferson Davis for treason at .Richmond; .Rich-mond; similar conditions made it impossible im-possible to convict a violator of the fu-gitivo fu-gitivo slave law in iiev .Kn gland. TUB CCLLOU BILL. Tho forty-tirst congress was asked to enact a law to meet tho exigency and tho Cullum bill was framed. This measure meas-ure provided that tho selection of jurors should bo given to tho United State? marshal, that poiygamisU and those who believed in polygamy should be excluded exclud-ed from the jury boxthat thowifemight bo a witness against tho husband, that marriage might be proved iu criminal eases by reputation, and that the statute of limitations should not apply to charges of polygamy. The wisdom and justice of this sTveoping measure were seriously questioned ny tho New York Tribune, and other Kepublican papers, and by such leading .Republican statesmen as Henry L. Dawes, of .Massachusetts, and Robert U. Schenck, of Ohio; but the bill passed tho house by nearly a party voU and failed to become a law only because tho United States senate did not tind t i tn o or inclination to consider it during tho forty-tirst congress. THK COURT VKB3U3 CON'iltKia. After tho adjournment, or about the lime of the adjournment of tho second session of the forty-first congress, James 13. MeKcan was appointed Chief Justice of Utah, and with military promptness he proceeded by his decisions to establish estab-lish as rules of law, the propositions of tho defeated Cuiloia bill. Ho decided in the case of Hempstead vs. Snow that the court over which he presided was a United States court, that it was not a Legislative but a "constitutional -court, and that tho Territorial prosecuting at-tornev at-tornev was not, even when prosecuting oilenders charged with violation of Territorial Ter-ritorial laws, the proper prosecuting o::i-eer o::i-eer of his court, but that tho United, States district attorney was such. He decided in the case of Patrick vs. Slc-Aliister Slc-Aliister that the Territorial marshal was not, in any ease, the proper executive o'liicer ot liis court, but that the United Stste; marshal w:i? such in all eases. He divided in another case that the Territorial Terri-torial legislature of Utah had no power under the organic act to prescribe rules for obtaining juries, to try any eases in hi; court, and iu prescribing ru'.es him- self for that purpose, he declined to e.m-jsuk e.m-jsuk the s'iimoiit roil or invoke the j usual method of njvJoii by lot. bu: he I ordered tho clerk to i.-suo ac oi.vu venire to ;'.:e United States marshal. " j Tims the tirst proposition of the d'"-'ti-aiid Uuiteni bdl, that the marshal 1 ini-iiL pieklwilj not say Pex, the temporary delay m starting the engine l fuel, the i-ontr.'lier of thu treasury de-f de-f c'!-:i:ig ;o audi: the biiis f.-r tho expenses j 'if viiii court thus e;eyaied to a United j cJi" dcViTi i" ; ,v-ov ' TorriuTial ; fund- to perris :io: iutLjried by Tor- rr.on.ii law to receive t:ie:;i: bu L.e'. was 1 ! found somewhere, a'd the machinery lb-gin lo U.OVtf. 1 r ii sf:co.p r&o; o: r;o.s iriu.i?UEP. In Septe:u!.er. l71j a ernd jury was si;::;n!o::.d by :ho I ::::d S:a:-'S n;.ir- .ha: to a-:e::i liio third distric: court ot I i. aL. Kr -m :uo cour.ti-, ot t...t I. ik- ' r-'.'ritf, S.-u.:. Green Kiver. Morgan. I Weber, i-.'i i;.de.-. Ua.h,- nd i-l.Ti-i .ami. co:t::i:ii:;i: a p.ip f ab 'Li: : '.ja"0 L':mo;'.5 io-' G-.u:. -."ii':: ,o "tie M-rL ":iV Vll"ox!tiu- j tC:;; ot :c U. S. dlY;ct"tio:noy. "iLs- mbor"o'f 'the ij'h i' U-z tair.is, that he bolieved lL: j'.y:..v & reve:a;ioa to uat church. nz'X that ir. In-own ca-o no would o'b-'V the revelation rather than tin; law. Wh.;n; a-k'd in-: f irtlo-r q ie-'.iori :l- to v, in-ther ! ilit., bpl.ef in ti!(. revtuui..!! w.-u'd aJ'.'Ct tiie act.j.'i of tl.r. j'.ir- r in v-.ting for or again.-L an iridirti.ieut T.-r ! .1 vgatn v, i ;":in jururi rep!i"i tiiat i t w. u'- alb-.jt ' tio.-ir a. ti.,n, ..i.ii.-rs that it would not.; '1 Unit. .1 .S:,tt.-- di-trict n'.torm-v ital.-d to tuo curt timl he intendoti to brinz a number ot a. ou.-itiou- ..f p-.lvg-amy b'-..re the grand jury, and chal-li-:iu-d th. i.-v.-n M-jrmoiiS t-r bias. J ulgc -Mi K':aii oi-tuin.,-d tin cbal lenga an'i di-mi--.d tlio Laltor-dy Saints . from tiie bo. ! ";" nt ll'I.K KKUSKI 1-K1V1I.V;..K. j Tlui! tiie SBc.ind proposition of the de-f-a'.. d Ciilb-m bill wa-e.-tablihed bv the ,l.--ercoof Ju.ige M.-lveaii. '1'he seven sev-en M tiiioiis wh"in the United States mar-lsal bad rimde a -how of Rumniun-1 Rumniun-1 ing were ruled nil', and i'ji.ih) people in I the third di-triet deprived of the privi- lea- oi reiiri'-etiUtti'.n in the jury box. I It is a ihu worthy of m-ilce that this I grand jury, fr on which ilonnons wero I exoiudeci b.-causethevbeliDVi'd in polyg-aniv, polyg-aniv, never loiimJ dugie inOiclinnt for riol.iti.ei of the act of "congress of IS'j'J. anil never, -u far as known, sent for a single witne-s upon, or atteni pled to eondder any aceu-alion of, polygamy. IiidictMiems for "lewd and hicivioiu eo-hahitation,'1 eo-hahitation,'1 under a ru-ty old Territorial Territo-rial statute, were f-'Und by the score; indictments for inurderi committed lif-teen lif-teen or twenty year-i ago were found by tii du.eti, upon the unaided and uncorroborated uncor-roborated te-timo:iy of a witness who eonlV-ed hiraulf the principal iu tho-e murders; but tho threat of "indictment for polygamy," haing fulfilled its mis-ion mis-ion by furnidiing an eicii'e to exclude Mormons from tin grand jury, was hoard no more. Tin: a mouth n ci ht.oM mix vri'ALinr. 1 pa;; for the present from this grand jury t further review the processes by which ,U;.lue McKoau -vitalized tho abortive Oil lorn bill. A man named Thoiua Hawkins had been indicted under a Territorial statute fur the crime of adultery, and in October, Octo-ber, 1671, ho was tried before Judge ilelvean and a jury. Tvo or three Mormon, who chanced to creppon to tho marshal's voniro were asked if they ke-lievecl ke-lievecl in polygamy; to which question they replied, yes. They were further asked if they believed a man could be guilty of adultery who committed tho act constituting that otlenso under a claim ot plural or polygamous marriage; the reply was no; whereupon the district dis-trict attorney challenged the jurors for bias, and tho judge sustained the challenge chal-lenge and directed tho jurors to leave tho box, although thero was not a line of pleading or record, nor a word of counsel or client, by which the judga could judicially conjecture, much less know, that tho defendant would set up any polygamous marriage as a defense to "the charge of adultery. Hawkins was convicted on the solo evidence of his wife, who in despite of the protest of counsel, was permitted by Judge Melvean to testify in the case, and thus tho third proposition of the defeated de-feated Cullom bill, that a wife might testify against the husband was established estab-lished by dcereo of tho judge. Hawkins Haw-kins was subsequently sentenced to pay $oOO.tKJ lino and bo imprisoned for threo years and ho is now in the Territorial Terri-torial prison pending an appeal to the supreme court of tho Territory. Proin present appearances he is likely to serve out his term, for his bonds pending appeal ap-peal have been tixod at tho sum of twenty thousand dollars, and his whole property prop-erty would not sutlico to pay hisSoOO.OO tine. Judge McKcan refused for three months to sign the bill of exceptions for Hawkins' appeal to tho Territorial supremo su-premo court, or. tho ground that tho bill was too voluminous, that it contained a record of all the proceedings in tho case proceedings reported by an otUeinl phonographic reporter appointed by himself. When tho supremo court of the Territory met on the oth of February, Chief Jnstico McKcan presiding, the record in the Hawkins case was not quite ready, because the clerk had not had time to prepare it in tho short period per-iod that had passed siuee Judge McKoau Mc-Koau signed the bill of exceptions whereupon the Chief Justice adjourned the supremo court until the third Monday Mon-day in Juno next. I will not say to prevent the Hawkins case being heard and reversed by his associates, although 1 understand that such is the view Hawkins Haw-kins takes of it. Hut there Hawkins is probably prejudiced; his recollections of some of tho proceedings in his case not having increased his coulidenee in the impartiality of the Chief Justice. Let me rofor to a few of those proceedings. proceed-ings. The act of congress governing tho mode of proceduro in criminal cases in the courts of tho United States, gives to the accused ten peremptory challenges to the jury against two accorded to tho prosecution, while tho Territorial law governing tho mode of procedure in criminal cases, in tlw Territorial courts gives to the prosecution and tho accused six challenges each. Tho act of congress con-gress referred to bars all prosecutions for non-capital felonies (except forgory) not instituted within two years from the date of tho otl'enco, while tho Territorial laws contain, no statute of limitations. ThoTerritoriallaws provide that in noncapital non-capital cases the jury which hnds a defendant de-fendant guilty may prescribe tho punishment." pun-ishment." Tho act of congress is silent upon this subject and of courso leaves the power of sentence, where in the absence ab-sence of statutory regulation it would belong, with the judge. As Judge McKcan had ruled that his was a United States court, tho counsol for Hawkins asked the court to give their client the benelit of tho ten challenges chal-lenges allowed by act of congress. Judge MeKean refused, and allowed only the six permitted under tho laws of Utah. The defendants counsel requested an instruction to tho jury that tho law of congress protected the defendant for acts committed two years' beforo tho rinding of tho indictment. Judge MeKean Me-Kean refused beeauso the Territorial laws prescribed no limit for prosecutions. prosecu-tions. Then counsel asked the judge to allow the jury to tix the punishment as prescribed by the territorial laws. He refused that also. He pursued the practice of a United Slates court when tho jury was being selected; of a Territorial Terri-torial court when tho jury were being peremptorily challenged. He pursued the practice of a Territorial court when the act of congress would havo limited the prosecution: of a'United States court, when tho jury might, under Territorial Ter-ritorial law, have been more lenient in prescribing punishment than the exigencies ex-igencies of a great burning 'mission" would warrant, PKCIDINt: Aii.LIXST PKECEDt.ST. What authorities were cited'.' "What precedents) invoked .' What chain of rea.ioniug ottered to sustain theso judicial judic-ial usurnatiocs ' none. The section of the statute of Utah under which Hawkins Haw-kins was indicted, and his wife permitted permit-ted to testify against him both before the grand and petit jury reads as' follows: fol-lows: "No nriw-ati'in fr nilaltorr an be com-uu com-uu n;. .d.hiit ua tiio complaint s?f tho husbaad Tiie statute? of but few States make adultery a felony, and abjudicated cases upon such statutes are rare. In Minnesota, Minne-sota, however, tiie statute on this subject sub-ject is, precisely the same as that of Utah, and the Supreme Court of Minnesota Minne-sota in a c-u-e strikingly analogous to the Hawkins case, in the case oi State im. Armstivi: reported in the fourth, volume vol-ume of Minnesota Supreme Court re-1'orts. re-1'orts. s--t a:;c-' a similar conviction obtained upon the testimony of the wife, and in its onii.i.ui u-ed the td living i.viLTUage: t "The :t r:-ovi ies ih.i: no i-roeeuiioa far auult-jry .-hall be ueuaient-cd e-ceri iri the cos;ljic: ot the ha-b.iiM er wi;e. C"ai. !t iia:-.-. I ot,i I.-. 1. 1: is con-, 1:-'- --i-i itovi.-ioc a:hon;-a3 thorn . : w::neJt;; ajir.,: .c:i otscr b-- ere tee .-rand jury in 11.js.1t15 120 L'.,ai-. I'liiat . We. tbink. h-w-.-vtr. ;ha: sa-b wis 1 of C'lsiiruci; 1: "t :u;-j:c- j ii another cje to t3':.-s ii whvh the cnd i n;e :"the iir-! iir-! r'J ? : l.:i. n iv ho vl.cu while .iaor her ; re.- ir.xain m: rpretatioa ,.'A Miiv sa::-i"v :ho :.:uto. W e it:c in lix::itr - tki rros- -.-.r.Vthc c"-.:J: Va'jII bi'vi.bi::!" hu:; - or iv;:e, the U .isiature u;cm: y y.:v.i : : : t : ';.i isri.-;id i:i a:t f-:el i ui- , ;ho ti -s 0: the ;r:ae, "it he 1 1;. c- tct-h- , ::- tie ci.eri : :h- Uw ia the' "ay .: 1 i :r ; 0. I: .. e.- th it t". tr. '.-t oe ara 'ho ar.i wna t,e ar-TTuijiiion of the ia-, ' urectiJ ;ar;j.'' j In the same cae the Supreme Court of Minnesota says upon another jioiutt "M,rri.,,- an l Jc.nhi in rivil vii..i.i in- T.iItiuk-j if-!iiois iBijril;iRL-e, the leiti 111 ley .j! :isii. Ae.. u; iy ite-i be i.ruwn by a l::n-si-jii' ui Ltic i..irii-.-. ttitin i ., a! up. .a torn tj-to no, nj.'-a'.ran.l x iu fJ:Uily liibl.o, jml x vnriuty ..I ,'ir. a-tan -o whi -h are .1- '; '".r an 1 fr..in Uc-e.sitT. But ui L-nuiin il i.r.-CL".i!i..in i-,r bi.-imy. or id adtil'ery ivaure slie otfen. . .l,e:..i,, ,lpo 100 Jt-tei .1.1111 bom uirrii-l iujn r 'jiuaa. ihc m irri.io m mi tt ,rven fA .. I iinJ a fuavhu.-n emu .i bd bat u i-.a' the ta!-p.u. of lb 'ieiciKljui. 7 Julm. :il. l'u.U' v.-. Uumpliruy. ; MoKiS anu US KVDOKSKR.s. Vet on the trial of Hawkins .Judge MeKean permitted -the proowsition to prove the marriage of Haw Kin., by evi-! evi-! Jenee of his admi-Mous to that elluet. 1 I'erluips 1 weary tho convention with all j this, but as the neresitv for a Stale gov-! gov-! .:rninent in I tali ari-es"lar;.-lv fr.iui the ! rharactcr and coinlilions of ilie eonrls of I L tab, 1 havo thought be-t tu reeite sonit-I sonit-I of the history of judicial proceedings 1 In re, that all may know tiie grievanees ! of the people, and that tbo-u who sus-j sus-j tain tho cour-e of Judge Me Rn inav understand what it is they endorst. . 1'eriiaps tiie legal profession mav enh-ei."iny enh-ei."iny action iu reviewing before a , pub lie a-ieiub!ilge tho ruling- nuule at a trial in whieh i participated as e.uiu-1 e.uiu-1 -il. 1 cm only reply thai the pro-ecu-j ti.m in theio Monnon ea-e.s havo coii--laiilly appealed to the juiblic for support. sup-port. They have tried their ea.-os on tho streets, in the newspapers, at public meetings, by petitions and over the telegraph tel-egraph wires bv means of their leading ,advi-er, the Salt Lake agent ofihea-o- i eiated nress, anil 1 do but follow their ! example in pre.-onling ilie matter to 1I1U cotiTention. Ltjt those who sustain I JuJge MeKean. by petition and mass meeting without knowing whother ho is 1 right or wrong, take heed b--t the hour ! arrive when they .-hall feel the need of j courts where the voice of passion and : public clamor cannot eutor, and where tho-o rules of law which tho wisdom of uges has prescribed will not for any oeiiil or political exigency bo set aside. Thus it will bo seen that tho four important im-portant provisions of the discarded Cul-lom Cul-lom bill, namely, jio choice of jurors except ex-cept by a United States marshal, no Mormon to serve on juries, the abrogation abroga-tion of the common law rule that a wile cannot testify for or against her husband and tho now doctrine that marriage in criminal caes can bo proven by admissions admis-sions of tho defendant aro all in successful suc-cessful operation. Tluit legislation to meet a local ditlicully in the way of enforcing en-forcing the laws, which the senate of the United States did not deem it wise or expedient to enact, has been decreed and established by James fci. McKean. That course of procedure which Chief Justice Salmon P. Chase tacitly refused to pursue, pur-sue, oven to meet a groat popular demand de-mand for the punishment of Jett'orson Davis, tho Chief Justice of Utah has pursued to comply with a small popular demand for the minishmont of a Mormon Colygamist. The J udgo has made those old innovations upon precedent, tho contemplation of which compelled the pause of tho huv-makiug power of a great nation. Who will doubt that whonever tho exigency arises tho same Judge will overturn another common law rule, and establish another proposition proposi-tion of the Cullom billby allowing marriage mar-riage to lo proved in prosecutions for polygamy by ovidence of goneral reputation repu-tation '.' Who will doubt that any ruling will be made that is necessary to carry out the purposes of this crusade? And what unprejudiced cili.en but will regard re-gard with apprehension the extension of this practice of judicial legislation'? If it should ever reacli beyond Utah and bo adopted by the Judges of our State and National courts, of last resort, either a revolution would be induced, ora people peo-ple who had lost their liberties would have occasion to remember John Kan-dolnh's Kan-dolnh's epigram, that "tho hook of Judges comes boforo tho book of Kings." THE it RAND JURY AND THK COl KT. Let mo how recall some incidents in . the history of tho grand jury selected ' under the patent process to which 1 have ' referred. That grand jury found a number of indictments, not for any alleged al-leged violation of the anti-polygamy act I of congress, not for adultery us iu tlte I Hawkins case upon tho evidence of the j wife; but upon somebody's cviolcneo 1 let us hope that the somebody was not merely public rumor they indicted a number of prominent Mormons for the i crime of "lewd and lascivious cohabita- 1 lion." The law under which theso indictments in-dictments wero found is a statute of UUh. Territory and reads as follows: "If any man or woman, not being married mar-ried to uacti other, lewdly and lasi Lvioualy assoeiato ami cohabit toecthor. Av., Ac., cvorysiu'h poreon so offemUng shall be punished pun-ished by in; prison in cnt not exceeding ten years," Ac, Ac. lint ono State in the Union has a statute exactly similar to this the State of Massachusetts, and tho Supremo J u-dicial u-dicial Court of that State in tho case of the Commonwealth vs. Uatlin, 1st Massachusetts Massa-chusetts report?, page 8, decided that "evidence of secret cohabitation cannot in any degree support an indictment for this otl'enco." AVho supposes that the defendants in any of tho cases of this" character, now pending in the third district court, will bo proved to have committed any public pub-lic act of cohabitation '! and who does not conjecture that a petit jury, selected as tho grand jury was, and instructed as thoy doubtless will be, will probably tind verdicts of guilty upon evidence of reputed secret cohabitation? Let me return onco more to tho record re-cord history of tho third judicial district court. Among the indictments for lascivious cohabitation is ono charging that crime against Brigham Young, and charging it as having been committed with sixteen six-teen dilferent persons, at sixteen different differ-ent tiroes and, places, ranging over a period of nineteen years. The counsel for the defendant asked tho court to quash this indictment for multifariousness, multifarious-ness, or else compel the district attorney to elect upon which count he would proceed. pro-ceed. Lot it bo observed that thoro was nothingin tbi? motion out of the regular courso of proceedings in criminal cases. It was made upon legal grounds only, and supported by legal authorities, it was nowhere suggested or argued that "lascivious cohabitation" was not a crime, a felony under the laws of Utah. It was nowhere suggested or argued that evidenco of a polygamous marriage would be otl'ered, or "if o tiered, could be received as a defense of the accusation. The motion to quash or compel an election elec-tion was made beforo plcn,and the judge in passing upon that motion had no right to do anything except to grant or refuse it, or except, and to express an opinion so fur as to give his legal reasons rea-sons for granting or refusing it ItKMAIlKAM.E JUDICIAL LANGUAGE. "What did ho do ? He went outside of tho record: he assmued that the defendant defend-ant was guilty before trial. He tirt denied de-nied the motion,giving his legal reasons therefor, and then he used the following remarkable language : Hut let the counsel on both 3ile-i. and the eourt als. kco. constantly in mind the uncommon un-common I'liara-Ur of 'his o.'ao. The snjremo court of California h'ai well saH : 'Court-ar 'Court-ar bound to take notice of the political and ; social condition of tho country which they I 'judicially rnlo.' It is therefore proper to i say, ! hit while the ca.ee at bar is cillci. 'The People versus Urighatn Yonni,' its oth or and , real title is. "j-'ederal Authority versus Poly-; Poly-; camic Theocracy.' Tho government of the United States, founded upon a written constitution, con-stitution, finds within its jurisdiction an-I an-I other goverQMeut, ilaiminjr to come from lin.l-iuiperium in imperio whose policy j and practices arp, in (.-rare parttcu'ars, at i variance with its own. The onecovermient arrests the other, ia the person of iu chief and arraign; it :i: idi" hir. A rstem is on' ! trial in the person m Unsbatu ono. Lc.t all concerned keep :h - fact steadily iu vien--, and let that government ru'e without aTivaj wliich shall lToye to be in ih- n.-ht. If the Uirnei counsel lor the deiendint will ad-d;ic-! authorities or principles from the waolo ran-eof junsrrU'CD.;, or from -nua-t.il. moral, or social science, pro vine that (ho ! polyaiD'nis practices charged in the indict-! indict-! mcnL are not crimes, this court will at once mush the indictment, and char?' the -,iud ;ury to Luj cuui.r: of the kind." S hat wonder thai the 2s--w- York Jo:.r.i'U, one of the ie-diug le";d periodicals of the country, thus criticized criticiz-ed this remarkable language of jude James B. AieKean: ' "Hi'-lM';.- we Hn not nTi-Ftion. bnt th lanKua;. accoraiMnyin? these decisions ha Seer. .- ir. tempera it: and partial as to remind se , :t'.-e ru ler a&-ej wSen the ben. h was 2l.L:a' ,"are tiered nd re- ,sd the pissi'-Hs of the .c jt,;..." A t.toAI. FROIHiT "W bit wocdr that thscOi.n;e! for the dru-i.dsut u-it compelled to nvtiLo thi-'-:ipr-er4t.-d tt.Uo.i of M.Kean bv r-.:Lg tiie n--.vt day the foiio-ving p:o- ' -Terr't-ry -f Utah. ) Third I'L,irKi Court.) . ' T'n P-jpIe of the', b'-inei J-tc. Bert ember Teni:. ) Terr:ii..,ryol"VUh " jsTI. ' ). I j Brishatn onny. Sal: Lajie City. Io the Hon. J:es B. M:Kea, JhJmoi': tie ahcT6 eatitlet covt; I: We the undersipiied. of counsel for the defrR'l '.ct in tho ab.ive entitled caue. res-j res-j ec t: .: 1 ly e :ept to iho following lan6-ue of yuur Imnor in your opinion u pan the motion to yua;h the indictment herein: "Th supreme court of California ha? well ijl l' 'Courts are b.mnd to takt.- nut ce of the police! a::d m ill cjniition if the country wlr.L-h thoj ..U'licially rule.- it is therefore IT'. per sjy that while the ea.e a: bar is ci 1 1- i The Pi-le ver.-u llriirh.im Voun-j. it-, other and n-al title i. Federal Authority vtr.-u. P .lynrimi.- The .craey. T!:evern-nirnt T!:evern-nirnt ofihe I ai'.ed fciate.i, founded upon a written eon-U cation. Luds within iujuriJ- eome fron Uod impenuin in imperio ho:e policy and practice, in jrr-ave particulars, particu-lars, are at vanatji-e with its own. The one u oernuiont arreiu the other in this person ufit.-t ch iff. and rraina it at thi- bar. A svsti-m i" n trial in the person of Brigham Vouiu-. Let all eon-erned keep thu !a t toi'hlv in view: and let that government rule without a rival which shall prove to be in the riyhl. If the learned counsel for lUe I di'frudant "ill adduce authorities or priu-! priu-! cu'!e from thu whole ranse of inrispru Ji-use, ur mental, moral or soci il (cieii -CJ. proving that the pulytamio praotioes charged in the iniictmcat are not .-rimej. thii court will at once iiuash this indictment and charito the grand jury to find no more of tho kind.' The indictment in this e.i-e chant es the Jefetidant with 'l.ncivious coliabilation." and u-t with polygamy or treason. The statement of your honor that a sysiem of jiulycaaiii" thoocra-y is on trial in this case in the person of Lrittham Young, coupled with your invitation to us to provo by an-thoriti.-s that the acts charged in the indictments indict-ments are not crime", is must prejudicial to a fair trial of tho defendant, in that it assume. as-sume. that the defeiidmit has been guilty of t he acts charufd in thd indictment, and that law mid Uot iho allege J fact will bo on trial. No motion has been made to quash the indictment iu this ca.-o on the ground that net.- charged therein aro not crimes, nor ha." i ue.hu pn siiiioi tieen advanet-,1 on argument argu-ment by .itiv ol Jclcudun'.'s couiiicl herein. We -iibmit that no 'political and so. i.il coudiliui oi tha country' cin relieve the proscuiion of tbo ta-k of proving one or moreof thu acta alleged in tbc indictment, and thit n n les and until s-ich proof is made, tbo guilt of the defendant ought not to be assnmod or even conjectured by tho judge before whom he is to be tried. 1 any pre.-urn pt ion is to bo iuduUe I in. it is th.it ihr dtlendmit is iuuoieiil of the charge.' preferred uga:njt him. and that he will aiu onlingly (dead 'not guiliy' to tho ind i.'tiiieut. and that presumption remains until the defendant elects to plead "guilty' or a special plea of.iustitiention. whieh latter have not been suggested by either the defendant de-fendant or bin counsel. In bo pleading 'not guilty' tho defendant will not say the acts charged in iho indictment aro not crimes, buithat he is not guilty of tho acta ohargud in the indictment. Then thoro will ho u rmestiin of faot for a jury, and we submit thiit in tho dcterin ina-tionofthal ina-tionofthal question llio language of your Honor herein referred to ennnot hut tend t tho prejii'liro of the defendant, and we therefore cuert to tho same. FlTi'U Jc MaKX. Hkiipstkad k Kike f atrick, snow Do.:, Hosfa Stout, A. MlN'BR. " LkUhau Yutso." Let not tho tilinfr of this protest bo criticized as an unusual proceeding- If it ho untisuul so was the occasion which olieited it. What right had JudRC Ale.-Kean Ale.-Kean to thus expose his bias to the world and bring the administration of justice to contempt? Suppose that in tUocasioof Sickles, indicted for killing Keys, tho seducer of his wife, a motion had been made to quash tho indictment for some technical defect, and in refusing refus-ing tho motion to quash the judgo presiding pre-siding hud said: "Let al! concerned keep steadily in mind, that while tho onso at bar is called 'The People of the District of Columbia against Daniel K Sickles, its other and real title is tho peace of society so-ciety against red-handed murder.1 Tho government of Washington city finds in its midst a sociul code claiming to come from God, a code which asserts the right ot a husband to vindicate his honor by bloodshed. Tho codo arrays itself against the laws. A system is on trial in the person of Daniel E. Sickles. The (puestion is not is Ue dofendunt guilty or innocent of the crimo charged, but it is, shall men bo permitted to walk down Pennsylvania avenue on Sunday evenings, even-ings, and murder other men who may havo disturbed their domestic relations." rela-tions." A jiulgc who should pursue tueh a course elsewhere would bo apt to lose hisollieial head, or tho opportunity of trying the defendant thua passionatoly assailed from tho bench. 1 do not believe be-lieve that there is a fair-minded judge in the country outside of Utah, who, if he bad been betrayed in such a case into delivering such language, would afterwards consent to sit as judge upon the trial of a defendant thua prejudiced. 1 do not believe that thoro is another community in tho country that would not with unanimous voice demand that a judge who had so exhibited his bias should retire during tho trial of tho defendant de-fendant in snch a case. TH03K WHO SUSTAIN McKEAS. And yet I venture to predict that Judgo James li. AlcKoan will refuse a change of venue, refuse a change of judges, and insist upon occupying the bench upon the trial of Brigham Young; and 1 predict further that his course in that respect will bo sustained by hundreds hun-dreds in Utah, who arc only anxious that Brigham Voting, whether innocent or guilty, shall be convicted of something some-thing or other. It will bo sustained also by that portion of the newspaper press of Utah which has constantly since the inauguration ol those prosecutions, presented pre-sented the disgusting spectacle of calling for tho conviction and punishment of men accused of crime, prejudging their cases, denouncing all who defended thetii, ami accusing of corruption those who declinod to bend the high duties of otlicors of the government to the dirty work of malicious injustice. It will be sustained by the odiiors who have bitterly bit-terly abused the United States marshal (Pr according to persons in confinement those comforts which arc allowed to all prisoners before trial, who are willing to undorgo the expense. It will be sustained by those newspapers whoso conductors havo found words of encouragement and applause for every insult or indignity indig-nity or oppression that has been levelled against tho Mormons. KUKTIIER Jt'DlCIAI. ACTt!. But I am not yet thrnugb with a recital re-cital of the acts of the Federal Judges in Utah. The Probate Courts which for tweaty years havo exorcised jurisdiction in a certain class of cases, have been swept into nothingness by the Supreme Court of the Territory, throwing property pro-perty rights into litigation, and making invalid and worthless hundreds of divorces di-vorces upon tho faith of which other marriage relations had been contracted. A liquor denier whoso stock was destroyed de-stroyed for selling without license, in violation of a city ordinance, sued for damages the Territorial marshal and his deputies who executed the warrant, and the J ustice w ho issued it, and obtained ob-tained from a selected jurj- a verdict of SOT.UX). .Nineteen thousand dollars for the value of tho liquor destroyed, and thirty-eight thousand dollars as punishment punish-ment for those who acted at least under color of authority. The son of one of the Justices of tnc Territorial supreme court a voting man whoso zeal outran his discretion us a challenger at the polls on election day was locked up tor a few hours for such disorderly conduct, and he has brought an action against tiie city othcers who detained him, to recover recov-er So.'fX) damage?. Several persons committed by a local magistrate to answer ans-wer charges of felony, have sued out writs of hab'iis coram before a Federal Judge tfml been discharged from custody, cus-tody, on the ground that the Mormon ' Justice had no jurisdiction the universal univer-sal rule of law that the acts of a c jaeto officer cannot thus bo collaterally attacked at-tacked being octol'y ignored. The baser elements of society gaining gain-ing courage and support from those decisions de-cisions now commit depredations on the public peace and on private property with impunity, until within a year Salt Lake from one of the best has almost become one of the worst governed eilio on the co: i tine nt. TUB R01UX30S JIUULKIt CASE. I turn again from the proceedings of the C"iirt to tho proceedings ot the grand jury it impanneled. In the guard house at Camp Douglas associal'-d with frloi,s, and withinihi-wa!l.-of the city jail, are four men of families, four kind, hone.-l, worth v h arm less men, who are held in close confinement upon the uncorroborated evidence of a self-confessed perjurer. Innocent men over whom the shadow of the tcfirl'r'id impends while the grand jury which indicted them refused to consider, refused to listen even t.j evidence ev-idence of the penury of the man upon WQAe uncorroborated Uiiionv the iu-dictment iu-dictment wj; found. B-.-f.-re -J .-lz AIc-KoaL, AIc-KoaL, a; mi iris: rate ex&nri-irjg p.-rs-ns chirirM w::h th- murder of J. K-"e Kobi::--or, one Charl W. Bsk-r sworc that he rei ort;i.-.-d Blythe and Toms a.-:ne a.-:ne two men with mu:f:ed fnce who ran from the scene of the homicide iu .-ju. ti---n upon the night of Oct. ld, i-, After giving this evidence linker, struck with rcjiu::1-', or faiitr.g u receive his reward, cr for both or other reason rcadithe ivUowLnzaiiavit; ' Territory of Utah, 1 bait Lake CunuJ lie it remembered that, on this Ckl Jay or January. 1X Personally ippeared, Charles W. Bit or. whu wii by me sworn in Juo form o: law. and who. on his oath, did s;iy that he is the i.K'ath-al C'harU-s W. Laker who wa a witness in an ei.nninatioji before iho honor-.iSle honor-.iSle JauiiM B. MoKoan. Chixf J uJ-f of the s-uiTi'ioe Court of tt:e Territory of l'tah, couiiueneiDu on the lith Jay of December an,i tiTiuia.uing ..n the l.W J.iv of December. Ivl, at Lake City: wherein John L. Ulythf. James Tom. Alexuuder liun uu.l liriiiam . Hampton wero charged Willi the umr.k-r of J. Kmc Kobinson. at alt Lake City, in ilieeouuty of Salt Lake and Territory Terri-tory of l'tah. un the Ld day of October, lie further lay- that the tctiuiony which then, on said rz aim nation, care via.- belly urn rue and talse. lit- further i a v li iv ,u hire.l to bltc ?md tesiiiuony by S. llilion. Tluit it wn agreed between him and thu BaiJ S. liilion :ind other. That ho-wa-i to be jid the sum of five hundred dollars, no matter what iiiitht be the event of the proceedin.. and one ihou-sand ihou-sand dullart fur each perion thai was gr uiu-lit be convicted. Tha' durins the time ho Vat encascil in said testimony- and dctainod, h i s board was i.aid by said li ilson and others, at the Kevcre House, in said city. Ui- further says he had a pint of t he grounds aud of tho s i reel in tho city of Salt Lake, nt'.ir t the place where the murder wai committed, com-mitted, furni-li hijd him by S. Uilsnn. Wliich plal. beiorc he gave eiidi.-nce.wiu by him curcfully itudied, so that he miithi j understand it. , lie further tuft that since ho ?avc hi tftimony he has carefully retlcetetl on thel enormity of the crime he has committed ami i.-siding ia carrying outt'and bo ha. con -aluded to make amends, so far aa it is now in lie therefore voluntarily now makes thin stale j:eot. upou his oalh. lie further mys that, on or about the b'th d iy o! Decoiiiber. 1-71. ha had aoonrcma-tion aoonrcma-tion with Thotnoa Ilutterwood, whothen in-foiiue.l in-foiiue.l this affiant that hewus hired iu ive h'; testimony, in thu above named case., and that his testimony was nut truo. ttiianedi C. W, B.iKrs. Subpcribctl and sworn to beforo mo this thi-d diy of .Inuuary, A. D. 1'2. dons T. Caixe, Notary Public. " NO DldTINCTiOX AS BKTWKKN CITIE.NS;" After making this aflidavit, somebody jiersuaded llaker to go beforo tho grand jury nud repeat the false Ktatemouts he had made before the examining magistrate. magis-trate. While Baker was giTing his testimony tes-timony the grand jury had in their possession pos-session the affidavit I have just read, and yet, will it bo believed ? they refused refus-ed to consider this affidavit; they refused, refus-ed, although requested, to send for the three witnesses by whom the fact of Dakar's Da-kar's voluntary signing and swearing to it could have been proved, they refused , to even question Baker about it, or to ask him to explain it, while upon his testimony alone they indicted Blythe and Toms. There was no evidenco so base or worthless but was sufticiont to indict a Mormon upon; there was no ovidence ov-idence sufficiently damning to indict a j man who would swoar against Mormons. ! MCKEAN REFU.SKB TO EXAMINE II AC KR, ! Prom the closed doors of this grand inquest the counsel for Blythe and Toms I turned to Judge McKaan. Upon a proper legal atlidavit they asked him to have Baker brought boforo him for ex-! ex-! animation upon a charge of porjury; he j refused to issue a warrant or make any examination, on tho ground that the ! grand jury had had the subject under ; consideration. Baker was then arrostod ' and taken before a Mormon justice. 1 Tiie lawyer who acted as deputy district 1 attorney on the examination of Blythe and Toms appeared aa Baker's counsel, , and waived an oxaminatioa, thereby admitting ad-mitting that there was probable causo to belieYO Baker guilty of perjury, and . Baker was committed to jail, whore he nuw is in default of $3,U00 bail. The . usual practice of habeas corpus to pro-! pro-! cure his release has not been resorted i to, perhaps beeauso unpleasant facts might thereby be made public, and his confinement will not be lengthy, for he ! will probably be digcliargeit as soon as the grand jury can again get together and ollicially ignore the charge. ANOTHER ACT OF TYRANNY. I will not pursue this dreary record further. A Tolume of details of acts of injustice and tyranny might be compiled from the official records, but one more instance will suffice. Brigham Young, an American citizen of character, of wealth, of enterprise; an old man who justly possesses tho love ! and conlldonce of his people and the respect re-spect of those who know nnd comprehend compre-hend him, is to-day a prisoner in his own house in charge uf an otlicef Judiro MeKean refuses; to admit him to bail, although the prisoner is romly to give' any sum demanded, nnd tho. attnrnev-generalof attnrnev-generalof tho "United Slatesh.is requeued requeu-ed that bail shall he taken. There is nothing but tho lenity of tha United titates marshal and the capric o of hii prosecutors between tho prisoner and tho cell of a common guard house. If ho takes an airing in his carriage accompanied ac-companied by the officer who has him. m custody, a howl goes up from thoe newspaper organs of the prosecution who lustily call for a tin plate, and irons, and prison faro forliini; and all this upon the uncorroborated oath of one of the most remarkable scoundrels that any age has produced, a man known tu infamy as llliam Hickman, a human butcher, by the side of whom all niale-faetors niale-faetors of history are angels; a creature who, according to bis own published statement, is ji camp follower without enthusiasm, a bravo without passion, a ; murderer without motive, an assassin 1 without hatred. Who shall say that no man will ovor be convicted by an Amcricen jury upon l the testimony oT such a witness? That , which a peculiarly constituted grand jury has cummenced, a peculiarly con-; con-; stituted petit jury may continue, and n i peculiarly constituted court complete. The end may be, and doubtless will be, tho logical sequence of the beginning. One year ago no man would have predicted pre-dicted such a beginning, and who shall say that the tide will mm this side tbe , grare? Who shall prophecy tho end? J THE IMPORTANCE OE HONEST JURIES. j Many years ago there lired a ereal statesman, by name Edmund Burke- a ; man whose philosophy, whose eloquence and whose power is indelibly imprinted upon the J-nghsh history'' whlcl he helped to make; aud this mn an"r niaiiy jeliri ui vast and varied c'xneri encein the government uf a rcit ,.i.i pire, declared that the object of all tr, v" erumUntW;liU, g,t houesn Jyb.oX; hQ En,d in otfect that the British government, ith its fleets and nruues its king, ind peers its parliaments and courts, iu vast mechanism mech-anism and its mighty reTDnues, wasonlv va uaMe to the people it governed, and only true to lU purpose in so far us it , was able to secure lorery Englishman, wlioe hie or liberty mi be" imperilled twelve impartial men to pass upon hii . case, lhat which was true in the British Brit-ish empire a hundred years ago isdoub- Ol what avail oi.r.conquestsf territory.' our growth of liberty ? our advances in letter,, art; and arms ? if we cannot give to every accused citizen, whether dwelling dwel-ling at the centre or upon the confines of the republic, a fair and impartial trial, belMi-c a fair and impartial jury of his peers. Vm may take every other privilege from the citizen, and if you leave finn, that ho hits much to hope much to be thankful fur. A fair unprejudiced, un-prejudiced, h.mest jury is an innocent man s city of reiuge, a persecuted man s lurtrs, u fortress impervious to the assaults as-saults ui taction, :md standing high ab.-ve the bahled waves of prejudice and pi.ssi.,,. Whet-e m thnt fortress today to-day lor I tab? its crumbled bastions li,. silent and d.-fensoUs under the feet ol power. . Y here is y,,Ur city uf refuge ' its towers aud battlement!, no longer , Inning through the mists, are lost" in the darkness ot prejudice which envi-roii envi-roii mem. lh religious and secular leaders of L tali, men who are respected by many hon-.-.-:, earnest popple who gr.; not ot their taith, men who are believed to be innocent by inauv inllvi.-ntia! and independent journals not of thdr wav of thinkimr, men who are held fast m the embrace of a hundred thousand li-.-arts. Ji.-ii who have tilled the laLj with monuments of indu, try and progress- and human happiness, are likelv to be saeriliecd because a manufactured and ui.ja-t public -ntimeut demand, thr-ir c-jiivieuon. and became th--r- i- a jud-"-' who has llit power and thedi.-p... sitio" io select a jury who will compiv with,1'? d,-i:i.u;,J. Voi if itreaKvi':-not itreaKvi':-not t'-- ii't'-llfieiit, impartial judgmc'it ,,f th: country thitt d-mr.ds thi, wLat then.' i f'-i '-at'.'iot eu;ily upr--"t a prcju-1 di-e rth-h i tie -rovsth .,f thirty y-,ir; ot shiuue:, you cannot cuau je n convic-j tion which ij the. con;equtice of a ruar-i tcr of a century of niiir.-prt-rcntation; ' you cannot obtain an impartial jurv'bfl a iC-l-.-eUon irom tinjs wnw, ignorantlv or advisedly, are your foes., caujeiesslv per ban-, n(?'--dles!y p'jrhaps, un wife v ar.d unkindly perhap, but still Wur WHAT MORMONS MAT EXPKCT. I say deliberately, that with the history his-tory of tho past behind me, with the j signs of the present before me, with the 1 pervading feeling in the minds of those trom whom alono juries will ba taken, with the declared opinions of tho judges as recorded; 1 say with sorrow and humiliation hu-miliation that the- Mormon charged with crime who now walks into tho courts of his country goes not to his deliverance de-liverance but l.i his'dooin, that the Mormon Mor-mon who in a civil action seeks his rights in the courts of his country goes not to his redress but his spoliation. And thero is no prospect of relief ex-, ex-, eepl through a Stato government. It is j true lhat the lower house of congress has passed a bill to allow appeals fo the supremo court of tho United States in criminal eases from tho Territories, but il is not probable that this bill will pass the senate. The declared policy of iho senate, and especially of its judiciary committee for some years past, has been adverse to such a law. Tho present grand jury has found si indictments for murder and seven indictments in-dictments for"lasoivious cohabitation." Tho defendants in these cases include Urigham Young, Joseph A. Young. Daniel II. Wells, George 0.. Cannon, Hiram 11. Clawson. liosea Stout, W. H. Kimball and olhers less generally known. yi'.ONTI It KlUKIANS AND TH Kl 11 WORK, This is; but a beginning what will bo ihe end '.' Look Over your public history and guess if you ran tho possiblo extent of llio perils which environ you. Consider Con-sider tho facts and consider tho falsehoods. false-hoods. There is not a misfortune which has befallen tho pepplo of Utah, there s not a slander that has been circulated against thorn, thero is not an evil doed committed by a desperate outcast anywhere any-where in this Territory during tho lust twonty-tivo years, but that may, by the help of perjury and malice, bo framed into an Recusation aud conviction of, hundreds of innocent men. Consider that when tho Mormons turned their backs upon llio Missouri a quarter of a I century ago, and sought in the distnnt . deserts a place whore they could preach 1 and practice ihoir Ft range faith unnto- lested, they wero followed each year by i a few desperate outcasts. They were joined by men who wero outlawed for crime as tho Mormons wero outlawed for roligion. Men who had com mi lie : deeds whose detection was imminon'., or men who sought to escape tho pang.s of conscience. Such men followed the lido of Mormon immigration; they attached themselves to Mormon trains; they professed pro-fessed belief in the -Mormon faith, and devotion to Iho Mormon leaders. They mailo themselves useful in a hundred ways by their knowledge of frontier life ami ft frontior country. It was impossible to know their historios, it was impossible lo fathom their molivos. They wero often bravo or desperate men whom it was not safe to offend, and so thoy were tolerated, given food, given shelter, given employment, although seldom wholly trusted. In all agos such men havo sought the society and proUclion of religious associations. Every monastery mon-astery of central and southern iOtiropo in tho last century contained a few robbers rob-bers and murderers who became monks to escape tho ruck, aud sought the sanctuary sanc-tuary to shun tho. jail. Let such men be templed by a promise of safety or money, or bo threatened with ptinish-mont, ptinish-mont, and they will como forward and tittompl to swear their crimes upon others whoso lives and hearts contrast with theirs as tho while snow contrasts with the mire which it sometimes covers cov-ers with its gentle garments of pity, or as tho still and shining stars contrast with tho lurid and hissing meteors thoy encounter in their march through space. TUB PKB.iURKR'8 OPI'SRTTJNITY.' liow many of such men aro thoro in Utah? Convicted liars, professional thieves, confessed assassins, trombliug perjurers, who havo hung for yoa rs upon the outskirts of the little societies which gathered together and built themselves them-selves up amid theso mountain fastnesses. fastnes-ses. One such man has served to ac-cuso ac-cuso and caused to ho imprisoned sevT oral ofyourmost honored citizens. Half a dozen such, instigated by cowardice and sonlidness, would crowd every jail iu ihe Territory. TUB "MORMON BKbELLION." It will not ho forgotten that fifloon years ago a war broke out between the Mormons and tho United States government. govern-ment. 1 call it a war because it has been so considered and designated by thoso in authority. It was a war without with-out a battle. It was rather a rebellion against the United State, which did not proceed as far as war. J am not hero to defend or apologize for thatrehellion. ft was doubtless without cause, it wai certainly foolish. It has been forgiven and those who participated in it were pardoned ninny years ago. During that war or rebellion, many mistaken, foolish, but honest and cur-nest cur-nest mon went to tho front filled with burning zeal, and ready to sacrifice and die for a cause which they believed to be unjustly assailed. Aid with this army of zealots, who were lillod with tho martyr spirit and the fanatic'sscorn of numbers, there went a few men whose cupidity was eiciicd by the hope of gain, or whoso savage hoarts swelled with a lust of rapine. Bloody deeds wero committed by ! these men, deeds which wero overlooked at the time, because most men feared their perpetrators and few men cared for tho fate of the slain. 'What shall now prevent the advent of a scoro of Hickn ans wbo may conio forward and seek exemption from punishment, seek notoriety, seok gain, by swearing that they conujiilled their deeds of blood at the instigation of men whoso wealth is coveted, or whoso power is envied, or whose conviction of some crime is largely large-ly desired and passionately pursued by many men of many motives? The Mormon people are judged abroad not by thoir thousands of deeds of charity and kindness, but by a few deeds of blood unjustly accredited to their leaders. You will never hoar how tens of thousands thou-sands of people have been brought from famine and hopeless toil to lives of peace nnd plenty, but you will hear of the j Mormon rebellion and of Mormon outrages. out-rages. Y'ou will never hear of the thousands of emigrants who have been fed and sheltered and succored, but the Mountain Meadow massacre is in every mouth. THE RESULTS OF A DRAti NET, ' This partial judgment of the Mormons has necessarily some foundation. Il would be strange indeed if in tho eventful event-ful careers of these followers of strange lights, these pioneors of a new theology, these builders of queer temples, thcio wanderers of tha tronlicr, these architects archi-tects of a desert State, those men who have faced the storm and the savage, who have wrestled with the sterility nf nature and the hatred of man, who have been in a state of almost constant war with somebody ever since their prophets were murdered in Carthage jail, those men who have been environed with dilliculties, and almost submerged with falsehood ever since they first forded the Platte; I say it would be strange indeed, in-deed, if, when a drag net is thrown over their lives, 6ome isolated fact-should fact-should not he elicited, which could bo so twisled by a,perjurers tongue and so shaped by an unscrupulous, and relentless prosecution, as lo secure convictions con-victions from packed and prejudiced juries. I marvel lhat .-o little bould hsve been broi.bt forward thus far. i marvel mar-vel that il is only the a.assin ilickman who is now dragged out of the Weep. There are others doubtless who await his success to embark in the same busi n ess. Un such evidence it mav happen that Brigham Young, and Daniel 11. Weil and G".irgo J. Cannon, and many other I honored citizens of Ulan will be ron-i vict-?d by seieted juries, sT.tcm-ed by Judge MeKean; and the ent-nce con-tinned con-tinned by the Territorial supreme court ' L'nlesscongre-sslmll provide foroppejd- i to the United Stites supreme court. ' there will then be un end of the mit'T I and even if appeal be allowed by Uw I the defendants may be refused bad, and 1 incarcerated during the tedious proce.-s 1 of appeal. j THE ONLY SAJLTT. ', Perhaps the ond of all thi? will be that ' ome g..od men will be judicially mur- ' (Wed and many cihors incarcerated !n i U-b-n.- cell.-. Y'.'U are taiing u. ihe ; verge uf an awful preuee: 7"ur foo- have ifsjjrded e ery outlet: your only , chance is to brenk tl.ir ranks and gain : the hizhray of atcty by tbe path, of i Ical i-overeiguty. You mu.it hue a t State government. Every other interest should bend lo tai;, end. every facralice i should be made t secure it. .Elsewhere 1 r there is no'strci.gtii, elsewhere, there is c no hope.. Every other refuge of good L men, every other, protection of innocent j i men is closed in your facw. A tfula government means juries not selected from a class but impartially from all i i.on; it means judges chosen by a ins. jority of tha people aud not appoints from abroad; it means otlicors of vnur own selection; it means honest Htut'cee-nomieal Htut'cee-nomieal government; it means eouul taxation; it means peace; it uiuaus so-curity; so-curity; it means exemption from persecution perse-cution in a word it means power not the power of theocracy, nor yet tbe power otji ringocracv, but tho esspIK.0 of democratic republican government-the government-the power of an intelligent, virtuous' public spirited, popular majority, ii means for Utah a practical establishment of those theories of government which our revolutionary fathers struggled nnj sacrificed to cstiblisli, which Un-ir sons struggle! and sacrilieod u, maintain. It does not, m uu been sometimes suggested, mean tli0 establishment of theocratic or autocratic or personal rule. Those who apprelu-ua such result reason in a narrow circle-those circle-those if such thero bo who hope fur such result fail to recognize tbo tlir. roundings. A small aud isolated society may be ruled hi llio priuiitivo patriarchal patriar-chal fashion, but a large prosperous community with cou tending inie rests cannot iu the nature of things bo thin goverend. The very conditions on which a Stale government would be obtains! in L'tah would be necessary self-enforcing, and every right and privilege 0r every cili.en would bo secure. THK "j0C1A1. CONM'ITUTIOX." The prineiplo obstacle, in the way of obtaining a Statp government is ono which il is in tho power of Iho people yf Utah to remove-, il is the obstacle of an anomalous, unpopular .social iustiltuiun. Il is indeed true that the local opponent oppo-nent of a Stale government oiler oilier reasons and endeavor to make other diiliculties against the admission of L'udi into the-1' niun but the.'o will not in niy opinion to bo seriously regarded by Con. gross. The advocates of continued Tit. ritorial government aro anxious that l'tah should have a much larger population popu-lation than al prcsonl, beforo being admitted ad-mitted as a Slate, and they urge that she should not bo admitted oven with the reipiisito uuinber, unless a majnriiy of sucn population shall bo hostile to Mormon rule, i-ori:i.ATioN i xu hksoukces, Tho argument of insutlicient population popula-tion will have but liltlo weight. Tluj census of 1NTU gave Utah Wl.lAJO people, and I am informed that in several instances in-stances entire selllomcnls, containing thousands of souls, woro omitted by tho cei-sus marshals. Since then tho com. pleted overland road and tho development develop-ment of mineral resources have added not less than JiO.lKX), to tho population of Utah. Our imputation, lo-duy is not less than 1:;0,IX0, or ton thousand more than tho present basis of representation nnd but'-i7,0Ml less than the future basis of representation which will not lake elfuet ' until March lTo. Il is three times llio I population of Nevada, fifty per cent. ! greater than that uf Oregon, about tho j same as that of .Nebraska, .Florida and Delaware, and larger than that possessed by either Wisconsin, Michigan, Arkansas, Arkan-sas, Iowa, Minnesota, Kansas, Oregon, Nevada, or Nebraska at the dale of their respective admissions, and neither tho Territory of Utah nor any cuunly or municipality in Utah is in debt a single dollar. Taxes aro lighter horo than in any State or Territory of Iho Union. Our roads arc public and the toll gatherer almost unknown. Suvonty miles of. railroad havo buon constructed within the last two years without tho grant of an acre of land or tho help of a dollar of'pujjlic money or credit. A hundrod and lilty more miles will bo constructed in the same, way during the next year, Manufactures oT woolen and iron are extensively .established. Agriculture thrivos. The valuo of taxable property in tho Territory exclusive of mines-will mines-will exceed fifty millions of dollars. Our mineral products nearly equal those of California, in short thero is not a irew community oi erfual numbers on tho continent so thrifty, so self sustaining, so tilled with every element of wealth and growth. The objection to a State government, r.n objection -urged by a handful of people peo-ple and an irresponsible guerilla pre.-s, that in case Utah is admitted .tho Mormons Mor-mons will control her politics and eleet her ollicers and ropro.sontative.-i, is an objection to which the congress of llio United Slates will in my judgment accord no weight whatever. That .body will, I venture to predict, see no good reason why the Mormons who constitute nine tenths of tho community com-munity should not control public affair-, here, and once satislicd that the social problem is in the way of a peaceful and just solution, thero will 1 think bea deposition de-position to give Utah the privilege of self government. A ljUKSTION Or COXC'ESMO.V. The question of Stato government or no Stato government for tho people of Utah is simply n question of concession on tho pari oi tho people or Utah. I say a question of concession. 1 doubt indeed if it be longer that. The universal univers-al voice of a democratic-republican nation na-tion of forty millions of people seems to bo consolidated into a demand with respect re-spect to Utah, a demand which may perhaps bo the offspring of prejudiced opinion, but if so, it is an opinion whiuli will not be enlightened and which cannot can-not bo disregarded or overruled. Tho demand is that the future marriage laws, and marriago relations of Utah beplaced in consonance with tnc rest of the liepubr lie, the demand is that polygamous or plural plu-ral marriagos shall cease, Acoede to this demand and you may havo a Sialo government, with condonation of tlm past, and. secure exemption from persecution perse-cution for tho future. Deny it, and you will havo neither a Stato 'government nor cessation of persecutions. The war is oyer, secession ij dead, slavery is dead, and in tho abenco of subjects of greater importance, Utah mid her institutions insti-tutions will bo the shuttlecock of American politics to be bruised and beaten by tho battledores of party for the nest decade, unless Mho now grtup her opportunity and gain peaco by gaining gain-ing power. ' ADVICE To SUit RENDER PoLYUA.MU. In accordance with a public promise, made when nominated to this convention, conven-tion, I stand here to-d;iy lo advocate the surrender of polygamy. It may bo that my utterances in this behalf will take from me tho friendship and support sup-port of many men and women; if cu, I ujuJt even pay the penalty. It is easier to swim with the current thun to seek to stem it, and perhaps it is wiser, but whether or no, it is policy I have aehluin been abie to practice. 1 have' not permitted per-mitted myself to be dislurbed by the titles of "Jack Mormon," "Apostat" (ionLile." '-Saint Fitch ' i-KMor h'iich ' and "Apostle Fitch," which have been so freely bestowed upon me during the last ten months by men whose small souls were incapable of comprehending that it was pos.-ible to pursue a great purpose by a liberal arm comprehensive comprehen-sive policy. That I am a Jrieiid of tha Mormon people, wishing their welfar-j and happiness, and willing to do all in my power t-s advance that end. 1 havo often publicly avowed l'7 word and (iced, and it uiy course ic this reaped shall havo inclined lim assemblage to-day to give more weight lo my utterances than would have 1"-'-Tj otherwise accorded to them then 1 sun more than compensated for being oft- r traduced and steadily miiim jeM "-j by many vi,u in times past boiiore.J me with their conlidenee and supp-.ri In another forum than this il was n,;. fortune two years ago to tand up almost al-most alone 1j ask the representative v a great nation to be just toward- an I h'.ncst, earnest, calumniated p?"pb I and perhaps 1 may stand alone to-day j in Hiking tho representative-. 'i t' I same people to be juH : ti.em-e, ve, I am not here to itt:a'k polyM I from a 'theologicnl, a ih'Th!, "r a pl.y:?-j pl.y:?-j ical but from a political -tain!1 'Certainty I do not propose to .pic li"". i thu pure mole, e- or the lionet tv uf ':- ' who h-die, in'iiitd vhu pr1. iki: i- 1 am int iiriud to agree wi'h .M n:e--, ie ' and Duckle thai il is an aiinir d latitude, lati-tude, aud Climate, and rat..;. :u.d those grounds alone it existence nuioii. a Shilod people, living in ine uurih temperate tem-perate .one, is a climatic anomaly. J' did not grow out of any -tnu tura!. or race, or ,-ocial. or climatic U'-'-j si'.K.-, an4 il H te-:, oilspriro; f revelati n here, 1 only say that it r.-d.-l a ic relation t" starlit. That it h.is scriptural Kitn-ar, Kitn-ar, hal origin and example is pr-M ab-v t:ic, 1'iit ibal wit in an ulnar :?'J Lli:' our.-, and in aditieren; land. Il Abralmi'i hud lived on the ime, of tbe over. and road in ihe ar'tcrnooa of tho ninetcei.'.h century; if Uaac had been surrunled by forty million monogamous Yankee; if Jacob hadassociatoa with miners -d |
