| Show CONDEMNED 1 united stat s soldiers and I 1 the 0 mormon araon authorities I 1 11 the Federal Government superior I 1 to jeter and his thugs j blue coats no longer evidence of crime in salt lake city a r 1 t A 46 apa 4 important decision by the secretary of war WAR wali r nr N r or t 01 may mt 11 1871 libut cal ond IT A morrow harrow infantry amp U T of uio the arm aricy sia tl your com munica tion lion 1 delit relit ivo to the arms sail aal trials of iol lectra belong mg ing to the garri aou iou of cinik toafa Dougl jj by the mormon of salt lake aty ct for vio a ta northe of alio llio ordinances of it that city I 1 nm am directs by the secretary of war to on cloi tit for your information and guidance copy at leeport or the general acm ral on the Bubi sul joet oct tin TI expressed birthe ay the Gei otal are ap by ay the of 0 war mb hi directs that hereafter no co arrest or taking by the civil authorities of the person of any officer or soldier of your com coin dudji will bia be Cd ertil as legal uch officer or soldier bo be vol by you or the proper coul manding officer in your y 0 nr ineice upon ad D airl icat oa oagot ul the iho ruffic baffic eney ency of 0 w which YOU alone must bo be tho 1110 judge anly in rood lilli gith under tho 3 1 altido artilo 10 of war on and d alit thimia in the euclit of tn an arrest arrester idt mode made it will mill be your claty rt at oneo once to 0 o liberate liberala anil return t ta your rom rommald magd by force if necca ary tho the person so or la in so no doing you yon will be sustained by such military kuppart as aa may be ba found cry respectfully you obedient servant signed led n E e adjutant goo gaii copy walt wail department bruniau or of frice at sy 1 jr 1 returned to tho the score lary iry ot of war too aioo law governing tin tile alisa of 0 cases of which those within stated of 0 warrington and roarn ly are pointed examples is n simple boil an J clear to abort in it anil and to determine let the duty botlick the local commander ona or of the department of file government in such ciss cies it i is un n cos ary to go beyond abo pro rl risi at n na 0 tho article of wr war that statute makes it ii the duty cluty or of tile tho commanding ollic tir r to deliver up to lo tho the civil for trial upon cation duly mad by or in lie bo aebi kau 0 f the party or in jared auy any com co manil vicci li hoshall I 1 0 if 11 a capita ariale or of having ue I 1 violence or any ny og the pr properly of any by 0 atin if auy any rl 1 the ibo n ni cd beatts kuch buch aj aai it puni br bi jhb known uw of tua the bod 1 ct f con the nce Uee binl from ibis provision prevision us s that where tire party is out accused and aad his surrender it 14 UA nil for or as 03 contemplated by tho the ril gillule lule lie he cagonot legibly be t talen or delivered alit biliti the iho cu custody ol of the iho ciril nt honto or not the is duly majo la ill de upon tho the commin der and lint h ai lone alone to de dedimo dido ajr I 1 af refue refu e o to tho the accuse if it 0 application it not i io a such eu di forro form idil and ai a t his I 1 L V lia 1 uth wid aid upon reasonable gro grol if it nils to iden talle r tho the or to loyally falLy state etite tho the ostace offence charged chargoy char goj or cr to scow that it is on na airm abet I 1 lit ierson lier sion or the prop orty oro oa citizen of the or tir ter or to make it clear ila falit it it ua an conco 11 puD 11 1 i ishibo by the iho laws lawi of 0 tho the state or 1 tia territory 1 1 rhory or of the tha united stal its ef 1 I ur by tho the common law as ai aco guined ia the state or tor for I 1 ili in ilia iho opinion of ibm doreen is ly the tha of the term lerm by tho known laws iwa il 0 the lind lad tho the commander may properly and legally decline tj ta accede to tho the application so S although it is not dot in ia the llie art arsiclo ido thit that tie the application mihall bo be sworn to the llie commander may never the require it to bo be in tile tho lorm form of ct a a AlRa livit if ho he has basany any dout doubt t as to the borm fido fiao mr wirt in remarking 11 II opinions U 14 tint at the duties which the iho article confirmed to abo commanding officer and that ho he is ro re anred by his bit duty to exercise his bis judgment t 1 ament the caso case goes on to ta hoil ld that no ni is 13 duly dots does tut not alte the 0 oll offa boce aco so GO as t the ing officer to see sea distinctly that the mic cavi contemplated by the article lai hii hii argei ea adoo that tho the shoal I 1 beai up C aa ought to beto be to war warrant an it at the crimi and law at As already view ex ei pressed 1 by colonel morrow Nl orrow that or of fence against the ordic inces ot of a village town or city aro are not included ia to choso described by the hilale tilale ti lale is fully folly concurred in these r regola or inferior laws relating rehling Ls they do ao to etim 0 01 local aud in ia their application to a limited region and a small number ot of pore ons r can clearly not be intended by y tho c n cinowa ls lawt of it the land hind dinv inv la anz got versus wad doll do 2 2 11 er aud and state stata bank 1 C erbia ce cooper r tamo 6 it was waa held that the terra term laws jaws ol of the iho lod add the general anil and cutill 3 laws of tile state and that tho the word wed lind nas tj body p elilio a in horn clorn people 26 a alle h the general laws lava ot of I 1 he land are arc dir ricely with wilh cly by lan laws a as aa boring ai altogether distinct dial duct 8 and a much were corn com scope and authony la ia the article tile the employment ol of tho the word known now still mill fur ther ito ibo term laws of the lind and still moro mam that only uck such awe can caa lie be sa aro are criven the widest publicity re ie calvo tile most in not general recognition and possess ibo be highest tio throng bout t the such lowd im ilona what whitis is designated ia euion pai linco tho the liw law mak tug liver viz uio the legisla tore luro of the I 1 it or that 0 if thu tho sovereign sato or territory upon this con it that abel 0 AM officer or abdier inix it an fouled ou od vi of an offe 1100 agai alit a loved ordinance his hid clio CAO not legally bode bo minded or acceded to lo such the latent intent and effect of tile tho arbide arik lo the july duly of 01 the com eer and of the tui military 1 gitary unclog it is ii plain anin it II ao an officer Office ur soldier is art rr 08 oid foa or sidrid in 10 the lo all cada ora of a proter proper cat on or any adf lion at all oil rt appears t 1 havo boon bo caso case in ia ibo I 1 loth both of war 11 agton FAX and id lcara lcy it is i incur eunit upon tile coul ulander without to any dicu iou or palter inn ing on the iku part or of tho the cilli 0 limply to proceed proc cel la K lili dorlite tho the lu in GO doial lio lie Is ii entitled cuti llod and required require to 10 ubo buch rol boico ce as may ba 11 biary albo lad laa not irk in hn hit cummans c cumma non nl 1 troop it FO 3 for the purle bo 0 krould apply lur for an ado force t ibi duty it il will thou then to be to furnish without mit hout delay 0 it I 1 r them dowiot or are it end and tn fit maltar mili irto to the benle 0 ani hero been frequently aly reiterated crat ca io in tile dignat of 01 oo of tile central G on aral we are rp 10 i 1 11 II so clearly is the ho r roper junctions ot of the U S on BU n pure y executive ono that it is a matter that tin flip notion that hint the riat of arrest wait VM a i to he bo jud judicially determined upon nn an application of a atrit of 0 he h belli corpus or other oilier mil tug coull ever hc bale been advanced 11 tile alio diew pw thus bo be ai r proved by tho of war it is ia ad vied vi ed that col worrow morrow lo bo in ID that bor cafter no arct or by tho civil authorities ol of 1110 I 1 I 1 emu of 0 conj an officer or soldier of fl hi bi command commine ln vill lil be legal unla such or ob obdier lier lo be voluntarily mir hir rooi fron lored loreti by himself or the iho proper commanding officer in hu upon on alil leation 01 ol of tile sufficiency of which lie ho alone may mair be tho the juille ju ilce duly majo made in ia good food faith under the ila article of wr war in the ilia forill anil of tire character abdoo rot forth 1144 abat in the tha event of an n angst or ot hOrRide made it will become hn hit d artty I 1 ity allom lit once 00 j to a li berate nui aud return to the iho command by force if noce doce stry biry tho the proa so 0 o arro bcd or a elded and that in tso duing ding ho be vill mill la bj sustained by such aali military sol port at may be ba found J judge advocate general Gou cral WU WAD blits Dl iTs 1 ii oali ili BotAn SA t glon jOB may 11 1574 copy sg d E D Town inui Gen eriaL fiew arf op OF trot aam RasMia glon vay 13 ha forwar head division or of uie the Mia missouri 1 by of S 1 q I 1 led war 1 atral adjutant Adja Adia tant tent godani I 1 svend nd n divisio or OF tall tim M A icaM may rough toi alcad crip Depart MODS of tho the 31 gart y of Lien denoral ib lit ti ri IM dao K B 0 darm alint assistant Gen general etal ily KT 4 or F TUB tint rt itra A vicy SO ck apy py tho the commanding floor of 01 camp douglas fur his hi information fly cy ourn mand ol of general or orl ord L and gio exo D it n A taut adjutant general cay a 0 lath rot |
