Show MEMORIAL AND PETITION TO HIS ext ellenby alfren ALFRED CUM MI itam KG GOVERNOR OF THE OF utan UTAH S SIR sin ju your memoria lists citizens cili zens of utah ulah territory respectfully rep ren represent resent that the Hn orbe john cradlebaugh associate justice of the tile supreme courton Court of the ibe territory Tern fory lory of utah and ex officio judge of tile the gad sad judt judi judicial cial consi minced holding a term of court court in provo uth county V U T on the ath day of march AD 1859 by what law as to lime and place of the united states or of this terri Torri territory tory is unknown to your rn m for in fit the statutes at large chapter section 5 ot of an act to amend tile the acts regulating the fees cost costs and other judicial expenses of the government in the state stale territories and district ot of columbia and for other pu purposes approved angust august 16 1856 1866 we jtb find that congress enach that the judges of twe the supreme S it preme court cou rt in each of the territories ora or a majority of them shall when as summed at their respective se seata seats ata of government fix aird and appoint the several times and places of howind holtH uj the beveral courts in thein their respective districts district and limit the duration of the tiie terms thereof w which aich is all the tho law upon lapoint hat ba point that we have been hleen made cog copf izant of and end fiew flow page of 27 yol vol yaa of the deseret desera t mews yews we lear earn ty il 11 lat at chit chi ceif f justice D R eckels and A rociale Ao ciale i justice C E sinclair in accordance with said law did I 1 in august augurt last meet in filimon Fiti moie e city then ruled by them to be fhe the seat of government for this territory and fix and ap appoint 1 0 int the several i imes limes a ad d places of bowl howl g the s several eve courts courty in the three judicial districts of tha territory nixing fixing arld and app appointing the ibe ilme time and plate place for the i judicial district district in which judge cradlebaugh is i nw ew holding bolding as fol follow iown lown 11 pwe idt t cort court wiy will be hoiden holden at fillmore clyant eity city on tie e fist first monday in by mr justice justie Cradle iny tay t wh 1 5 and it is obvious that the the ath of march is not 1114 hi first monday tn fix november neither nelor is provo on the site of fille mor more city judge eckols and 1 i also limited cited that each teri terin of district court coart will be for thirty days if the business shall shai require if it Cong res 9 statutes at birge chap a approved p june 34 4 1858 enacted that the judge judger of the supreme sit sti preme court of each territory of the ti a united slates are hereby authorized to hold hoid court within their rep re respective p ec districts in the counties whey wherein e in by the laws of said territories orits courts have been or may be estable for the purpose of bearing and as al 1 matteri matters and causes except those in which the united stales is a at party provi provided ded that the exgene exlene es thereof shall be he pai pas 1 T I 1 or by byrhe bythe ine the count coan tiei jei io in which sald said courts counts may be held and the united states shall in no case be chargeable therewith and judge Cra cradlebaugh debaugh cannot be holdup hold hoid ng court under this law for lle tie is examining matters ma tiers and c causes ae 3 I 1 in which the united states is a party P and in sec see 2 2 chap chip at large approved P roved july 4 1840 we find that the presiding judge of any circuit court may at his discretion appoint special seg see thereof te to be held at the places where whet re the tho he stated staled sessions thereof are holden enis but bul ul at such special sessions are prohibited from ii gg by hy jarv jary now were such ace fw aved a judge of any district court which we have not found it wound would still preclude the court in fit question since it imas iras both grand and aud juries in is its employ having thus briefly and cited eltea all the law within lor bior our pertinent to the subject we submit the of the b legality of the court now being beld leid in 13 pavo by judge cradlebaugh to spur Exee duee yency and fn an futher ther re pee pec ree that upon a by jurige judge Gradle cradlebaugh bough a densic detachment h ment of united stat states stater es troop wa was marched from camp floyd royd aud halted baited at the building builds ng provided for the accommodation of the court andin and in which f aid faid judge was at the tile tithe lithe delivering his charge to the grand jury and subsequently and still till so far as we I 1 know now encamped adjacent to and ilip lia lla officers ceril ceris quartered in said building a proceeding altogether fo to the spirit and letter of president buchanann Bucha Buch anaus nans late ines message sage to cod congress gres wherein he lie staler stales 1 I brn luny ludy hany to inform vou voa hat bat tho the governor and other othir civil alv officers of utah are arc now performing appropriate without t mo maies males tat lor lot tile the authority of the ana and laws has been fully festered and pit peace ice ico prevails throughout the me territory directly cn to an express un der dar standing wath with the peace as 1 mane maae public in provo by governor powell powen june 16 1858 when he stated to some four thousand citizens therland ther hen land and here there as assembled ambled hat that bat lehe president buchanan claims and will exercise the send theany wherever lie he may way please hh hil object is not to wake make an encampment in any 0 your cities U geu gen told me rne d did not oot jwia if eia III ha army to be stationed d near A city add and contrary astr ry to any just legal or even 1 C ry e u notwithstanding judge C 40 e g ja ais als his reply march 12 1859 to f fhe tie petition of the mayor and city council of provo for the removal of said troop rp stated that they were there to secure and support pris prisoner the territorial terri orial and county officers attending leading at court and holding commissions from your excellency cel cell lency eticy prom promptly itly informed the judge that they were ready an and amply able and responsible for the tile arrest arrests security care ami arki forthcoming of all persons ordered to be arrested arr eted droops were ordered to 0 o accompany bour excellency cel leney lency and other civil officers to 0 o as a ise lse comitatus under the influence of state heuts that the territorial library and court records hwd had been burned a district judge dated apata upata the bench and government officers drive frani this Torri territory tory tary the facts fuels concerning atel atil e 1 inesti your jour your own pen personal onal observation oti ott fully enabled you to make known to our nation at all an early eriv eddy lay day after your our oar arrival thereby official IN precluding particularly since the date of the pe peace cei conference in june last 1 any requirements sa onny in utah save to 10 protect the cluze taw mall mail and ibe tha emigrants from molestation tation by the fie indians whim within our hor borders ders at tit least until esitt nce nee should hav have been offered to the execution of any lw IV or the order of or any court dr or civil of nicer licer 11 1111 irli h we are in being able to slate state i ii not beon beto done gov at and place sid sid IT T e federal government demands ing or liow tiow low Ilow citizens which it does not require orabe 0 i habitants of epry every state and territory in sev siv on that you ou bhail shail be obedient to the laws lava orwar of hiir country that you ou will respect the alt cil 11 arith rity nty and that its officers shall be re by you ou and euter euler on tila the discharge of thel their datin unmolested I 1 wherein iem have we fareed in corti W tg with thode those to the viry very 1 iette lette e tt s jT not in otie one tittle but have gone beyond thep shefit j and unresistingly borne the quartering ering OJ oj I 1 troops r ps in an and d around bround a court transacting 11 tem terri tati gat tal busine s in a peaceful city amply supplied bupp ilet liea with civil officers for the he olevery legal requirement and Pre rilent Buchan buchanan alip in his before att quoted doted from states that these rues blessis iMes jl essis bib bis powell and McCull ocil tile the peace con eon conducted ducted themselves to my rny satisfaction and rendered useful ser gioi in ro executing the humane Intent intentions ious lous of tho iho th pov P ov amit it aso afford affords me great to ate that governor Curn cumming gumming ming has performed hig hit fluty to n an able and conciliatory manter and with the happiest emmie effie effect ct and now ilow notwithstanding the humane efforts and labors of col thomas L kane and your excellency so highly and justly commended b by the gref executive execute sie fie of our nation lugt e presidents proclamation of ajril April 1 6 GlSS giss 1 5 9 and the consequent results of tha the p euce dohler cohler oil I 1 r ence in G S L city in julla julia last so satisfactory to braill par pat parties i ties and the agreements of which hiu hit bave have e been so 50 scrupulously scrupulous ly by U urail tal ral could I 1 it t have boen been pru prestin moed ved thai that a district would fo go back of all these facts so widely known and BO so highly appreciated cited by every pati lot to lover of his country arid and humanity allf aill ant and take advant advantage se of instructions to brevet t BI cadier cadler general j W S I 1 larney 11 raiv bearing baring the ancient arici ent antey e slew glew 6 lew york Y june e 0 1857 and call upon the lobur our round ili ily iii 13 coult and jury rooms with bayonets yet surn suan sno suo is 13 the fact when in those same lions liong and ard follow ilig tile the authority above alluded to ani and anich perhaps per bap lmh has been neglected to be ate e read while you gup gen gep hainey halney are not to be and avid be sis subjected to the orders strictly s akintu akings of the governor you will be response responsible for a jealous harmonious and operation cooperation co with him or to frequent and full consultation and will conform your action to his rr quests guests and views in all cases where your ry judgment and ana prudence do not forbid nor compel you to moddy modify in execution the tho movements he may sue sug in est ninus thus appears by those very instructions uni dee which a district judge jud gait if they are not riot already cl lais for making a requisition upon gen johnston for that your Fx foncy ncy as was very properly considered jih jiw jibe superior su perler perier authority in counseling coun eling their in in th the le capacity of a posse 0 t w st s t 4 11 dl 11 the these a ts and ard pron on T I 1 r to 0 sep i il 1 quicy an and I 1 u e that should shourd characterize a court it ishag has pleased judge C dieb h to set aside add e in in vve the civil liti druies and out the ti feast a ast valid rea j son on to us atio 1 0 e L ploy fed ted federal 1 t troops to tile e orde ordera rby phy rhy h court t ti thereby rely tell y clearly hadle tedie atlo atio n his hu part s safar far as we I 1 can Q dis diA discern cern I 1 an utter disregard regard of t the latest ex reeled views I 1 and boais policy of tile tiie ad t arning utah Q and ill til the WS and ana of ya your excellency xcell ency alij and all goo coo good d a a purpose se for some cause cawse to mee kee an ingry coffi colliton coi cot liton between tw n the citizens nui am nul troop troops is is is well k known la is ap not t sp diffin alt to in the best ordered town or city in u the union especially wien wren wien on one e eilla ca is cawed can ed to legally illegally jl supplant taunt and sav s lle ile lie other sc icel iced 1 J M I 1 I 1 he i e pe of the ad ration andt s ur Excell mey be not subverted ted by ti e OM ans of such sorters su lers go cami followers lol fol lowi towi s arid and gamblers gam bleis as plot evil and bloodsoe blood she 1 for Jor forgala ar gAiA gala that citizens be not dot imposed upon in gy spy of bf their rights r or when as wl wr esses ra are bre rested ted by batach lach boch Tach warrants find n nd imfeld and vilt without hout bedding euard guard guarded d by 1 1 nor jurors to attend W ills ui der berthe the hr hrell I of bay bayonets that the awa I 1 ws be respect ed ad 75 I 1 f IW that I 1 he the cit a w IP be lint tint g ded d y cannot their at srm a T r ai d i thus areg r a timi tim he the happy resi rest its is t f he I 1 labors bors aird toils tolls of so many patriots and philanthropists anel anee cube duse cuse the riotous irlo rio tous tois to exult with jov joy and that yon i excellency fake take care that the tho taws lawa be fithony if executed we your memoria ilus litts citi rifi cli cit i eans zang of 0 pt tle tie uie ule united states in in the territory of utah respectfully pillion your our excellency to use al all ali I 1 t the tha th re BBS abs authority authority of your official noal nobi ti n as governor of y to remove all nt troops coops from in and around the court jb diflo w v in se lon loh ion clon in the city of provo and from in aga agu ua ana around said city and to prevent any troops bing located in or in near any of our thickly settled villages town town 9 or elieE cl les lee and to fairly and fully at your earliest convenience report to the proper department in loii city the official proceed proceedings edine ines cf ludge judge john cradlebaugh baus baul gh in tiie hie 2nd and judicial di tact of this territory and for kuch tuch ch wise lse ise loyal and just action by your excellency your memoria lists and petition ers era villi wilt ever pray UTAH TERRITORY march 22 12 1833 1853 copies of the tha foregoing I 1 memorial and Peli pell tion tiou to hil hii excellency Ecel lency alfred cumming gumming governor have been circulated throughout the territory and fl signed tied by the people generally one of which contained the names of about three thousand five hundred citizens was waa presented to him on tile the dinst |