Show myrln myrld the brief history of the mormon trou brou bles bies bleadow now just juit brought toan tonn end by a sin eln ein sinn of chief f chasas appears to be pretty much aa a follow follows follo wg 3 A year orso orbo ago dr J P X iowan a methodist clergyman of washington city went out to utah utahan on the profitable errand of having a grand discussion of ny and its biblical warranty he to be on one bide little with hib hla more or ess esa profound erudition and such eminent hebraists as pratt and oralou clydeon the other whatever earse this valuable conference hed it determined dr dawm in to encourage a crusade eru cru aale sale saie against the cormons mormons Mor mons mona and to thim this e A he be instigated the president to authorize their prosecution aud to pursue them by bj all means available and as now appears from the chief justices decision by means as aa illegal and re gardle gardie gard less lesa cs of law ae aa any that could be well thought or of the principal instrument tru of tilis this prosecution was judge mckean an enthusiastic Mith odlat who went out to utah not to do his work as aa a judge but to root wicked neb out of thu the laud land and crusade against polygamy H hi 3 is ia of law faw somewhat feather headed and as aa much out of pace baoe in a court c urt of justice where he be eat on tho bench delivering stump speeches as any man well could lie be anywhere in the world judge mckean perceived that he could do nothing unless he could erect nib hib territorial court into a united states spates court thib this he proceeded to do why he did not declare himself to be the tho federal executive and legislature and proceed to levy trompa and nud mako maho war upon the territorial government istone is to ba explained by prudenti prudential at reasons we suppose as for coir of law he had us as good a right to do that as hie lie habad bad to do what he did the tile law as again and again renounced by the abe supreme court couri is s that tbt such coutts as his are not united unite states courts except for certain specific purposes and that they never can be united states courts for the enforcement of a territorial statute which la Is in no sense a law of congress and which a territorial court must enforce it must enforce it too by means of its own territorial officers What McKean did was to make his court a united states court when it was not to enforce in it territorial statutes which had bad his hla court really been a united states court would have had bad no place in it to mix ml with these laws of congress con Cou greiss and for executing the processes of this thia hybrid tribunal to nae not constables and she riffi of the territory but united states marri marei marshals hais bais and this because by their assistance grand and petty jurors pledged to indictment and conviction could be secured all this was waa done not in a corner but against the reP prated appeals of the united states district attorney who insisted upon the foolish and lawless violence of the whole it wag was done nevertheless s till now the chief justice brings mckean up with i a very round turn dif dp claring aba that t for a twelve twelvemonth mouth month past pait the territorial court has been committing monstrous roua judicial usurpations and trampling on law this decision will at once release from illegal arrest or cr imprisonment the position was a delicate one for the it was indeed between the devil and the deep sea on the one han haan it had 0 t adopt and sanc bane tin the est eit illegality on the other it had to offend or fancied it had to offend the methodist denomination which it appears to have paid the compliment of nf presuming to be less les 8 regardful of uie tile authority of the law than most of the methodists fellow catiz no suppose them the chief jus tice has relieved it from the embarrassment I 1 for dr newman himself will not how I esh hsk ask isk sk the president to go goon on further in judee judae Mc McKean mckenna kenna Keana lir lii direction new york nation apa april ia 18 |