Show 1 I 1 jar from m the san francisco evening bulletin sept 30 letter from great salt lake city jarm our special correspondent in utah territory G S L CITY utah territory monday sept 13 1858 1859 PUBLIC RECORDS IN UTAH ALL IN 1 4 CONFUSION i the public records recarda of this territory are in a state of inglorious conf ision notwithstanding the assertion made by foy gov goat cummin cumming gumming in his bis report to the secretary of 0 state that all the records the territorial library and public property of the territory were in perfect order and had not been lul ivl injured 1 i red or disturbed the records of the U S district brict court in this city judge Sin clairs district which have lately been delivered up to the newly appointed clerk consist of a small record book containing about twenty packages and a small bundle of papers embracing those in no case prior to 1856 or later than the winter of 1857 there is no court docket no clerks docket no fee docket no order book no copies of instructions from the departments at washington no stationery no furniture and no press for the seal real how gov cumming gumming in view of these facts was able to reconcile his conscience to his report that these records are in a perfect state of preservation I 1 cannot tell you I 1 do not believe relieve him capable of committing deliberate tre prevarication prevarication and yet it is difficult to explain his is report on any other theory the papers of the territorial Secre office are equally imperfect there is not an enrolled bill on file nor any official evidence of a single legislative act from the time of the organization of the territory to the present day so that it is doubtful whether we have any law at all in utah the papers of the supreme u court clerks office were seized by brigham young during the rebellion and have not yet been restored by him to their proper custodian the records of the office of the clerk of judge eckels judicial district the northern are in the possession of chauncey WW est the mormon bishop of ogden city who has refused to respond to the demands which have been made for them with regard to the law library of the judge of the central district judge sinclair has made every effort to discover whether there is a remnant of it but has thus far not been able to find a single volume nor will he for they were vere destroyed b by y fire down to the last book I 1 notwithstanding b the governors intimation to the contrary no allusions were made by the governor of this territory Terri tor in his report to the secretary of state in relation to the destruction of the few books and papers whether borrowed or other in the law office of williams styles 1 that act so far as we have ever heard was a sudden secret and lawless outbreak by a very few persons who vigilance Z committee like took their own method for righting what they deemed to be wrongs and is an act for which the people of utah can in no wise be held responsible further than that responsibility which would obtain in a local movement of disorderly persons in any other city or community the undersigned undersigner under signed have examined the office books of the first and third judicial district courts of the united states for utah territory and the ome office papers of the same from the organization of the territory to the present time now in the custody of the cleric clerk for the 3rd ard DistrI district cL we find the fol foi following lowin 9 books record journal of I 1 st district court commencing october 61 6 1831 1851 ending feb febuary uary 22 1856 court docket socket dist court com corn oct 1855 1835 to feb 1856 motion book 1856 1 1857 register of grand and travers juries 1852 1856 journal 1 st dist court 1 1852 1852 1856 bar decket 1851 1856 docket 1851 to dec 1856 journal reb teb 1856 to avi 1856 1836 bar docket 3rd ard judicial court nov 4 1856 1866 records june docket book to feb keb docket book to nov 1856 we have arranged the papers in packages corresponding to each year since 1851 when when the court was organized we find the books and papers well preserved and the packages corresponding responding or in size and general appearance to the entries on the records we find the following entries on the order book of the first district court be it remembered that on the night of the lith october 1855 the office of the clerk of the first judicial district court in and for the territory of utah as also of or the supreme court of said territory was forcibly entered and all the papers complaints bills notes and C obligations including indictments were feloniously taken and carried away and the box in in which the same were kept under lock and key was carried away and was found next morning at about 8 in the bed of the river jordan cut open and emptied of its contents 2nd and upon motion of A IV W babbitt relative to the stolen papers the court made an order that the parties in the cases before this court have the privilege of making new papers it is important that new papers be hied filed nunc bunc pro tune october 15 1855 3rd ard october 17 1855 the papers of the court which had been abstracted on the lith dinst were found this morning on the fl floor 0 of f the court room having been thrown in through throng h an open window we have examined the papers in several cases of each year and find them all correct and we believe that all the papers of the two court courts are now to be found in the said office in a pt state of general integrity we find a single alteration only in the thie paper filed in a motion before the court to disbar an attorney involving as it appears personal feelings a spoliation which is discoverable only by a minute examination or by b one familiar with wi alth the facts the general appearance of the books and papers indicate the completeness though they do not appear to have been kept in exact system with sufficient distinctness however to shew the course of proceed proceedings enfrid we are satisfied that th the efee fee bo book and motion book are wanting from fim the third dis which were at one time in the possession of the clerk we are also perfectly convinced that thab the statements made in the communication of his excellency governor cumming gumming to the hon secretary of state are fully borne out by the th personal view and examination we have had of the books and records in question if the personal or official veracity of his excellency may in in any way have been questioned in this matter we unhesitatingly pronounce it most unjust and so certify to the country GREAT SALT LAKE CITY IT T october 1858 HENRY CABOT KIRK ANDERSON we have read the foregoing statement of cabot and anderson and erson erbon and having by request been present at the examination to which they refer concur fully in said statement CHARLES E SINCLAIR associate justice supreme court utah territory and ex officio judge 3rd ard judicial district JOHN HARTNETT secretary of state for utah territory P K DOTSON U S marshal for U T GREAT SALT LAKE CITY utah I 1 territory october 1858 S we the undersigned undersigner under signed having baving having 9 been requested to examine into the condition of the legislative records of this territory now in the bands of hon john hartnett secretary of utah territory beg leave to state as follows on examination we find in the first place the record of the or organic 9 anic act approved ath september 1850 secondly we have found the records of the acts ct passed a IS d at t the he sessions of the legislatures of f the th years y ea ris 1851 1 8 5 ai 52 1852 53 the adjourned session of or J june e 1853 54 1854 55 1856 1836 57 and 1857 58 to be complete and in in possession of the secretary of the territory ry at the nt time we also aiso found on examination that there were at the present time in the possession of the secretary of this territory packages of he the enrolled bills of each session of the legislature of this territory from which we selected several from each session of the legislature at random and found them correct and we have no doubt and believe that they are all there we have also examined the records of the executive documents the books of accounts a and nd the letter book all of which we found to all appearance to be perfect we ie have not found any bound journal of the legislature but at the same time we are informed by a person in in whom we place reliance in regard to his means for information in regard to this point that no such record had bad been kept in book form I 1 we were however shown the slips of paper on which were purported to be the journal of the legislature HENRY CABOT KIRK ANDERSON 1 I was present at the examination of the B books 0 records papers etc contained in the office of the secretary of state of utah territory by riess Aless rs cabot and anderson anders on on the day mentioned in their report and am fully satisfied that their examination was made with care and is correct as stated I 1 would furthermore state that each item received by bv me as secretary was receipted for by me to W H hoper hooper and an inventory of same forwarded to the proper department at washington JOHN HARTNETT secretary of utah great salt lake city U T oct 1858 to his excellency A CUMMING GUMMING GOVERNOR OF THE TERRITORY OF UTAH SIR SIM having noticed a report in the public prints lately setting forth that your statements in regard to the safety and good condition of the records of the courts of this territory were not correct I 1 feel that it is due by me both to your excellency and the public generally amongst whom those false statements are being circulated to state what I 1 know in relation to the records of the supreme court of the united states for this territory said to be missing among the rest having been appointed on the day of september 1858 by the D R eckels and charles E sinclair justices of the supreme court of the united states for the Teril terii territory tory of utah to the office of clerk of said cou court it I 1 received the records and papers pa per a belonging bel bei longing to said court from my predecessor I 1 have examined those records and papers carefully and find them complete and in good condition the records bearing bearin date from the day of september 1851 ne the date of the first organization of said court by judges brandebury brocchus and snow to the day of march 1857 being 1 I g the last term of said court held in this T territory e tr atory and which is signed by judge george P styles in testimony whereof I 1 hereunto set my hand and affix the seal of said sal court at my office in LS G S L city utah territory orv this day of october A D 1858 JOHN G LYNCH clerk supreme court U T |