G. S. L. City, June 26, 1862.
Hon. John M. Bernhisel, M. C.
Washington City, D. C.,
Dear Brother:
A few days ago mail service was renewed on the eastern line, since when your favor of April 10, 18. 21, and 25 and May 2, also Ex. Doc. No. 97 ("Indian Department property in Utah"), House file 312 (Stevens' Tax Bill, open lines), Report No. 21 (Washburn's Report on Gov't Contracts) Lovejoy's amendment, open lines, to P. R. R. Bill, A Bill, open lines, to incorporate the Northern Pacific R. R. Co., H. R. File 364 (Campbells substitute, open lines) and several speeches have come to hand.
Senate Ex. Doc. No 32 of the 1st Ses. of 36th Congress (Judges correspondence, &c.), and Sen. Ex. Doc. No. 42 of 1st Ses. of 36th Congress (about massacres in Utah) I have neither received nor seen, and should be pleased to have you procure and forward a copy of each.
In regard to Mr King's claims against the Govt, I have no doubt but what it will entirely satisfactory for you to make the best arrangements you can under the circumstances, whatever the per cent may be.
Through resistance to law by some persons at Kingtons Fort, or South Weber Davis County, there has lately been some excitement to vary the usually quiet current of home events. Not long since, upon a petition from that place, Chief Justice Kinney issued a writ of Habeas Corpus for certain persons in that Fort directing the writ to the U. S. Marshal or any of his Deputies. The service of the writ was disregarded, the marshal scoffed at, and the Chief Justice and his court spoken about with derision and contempt. From prudential motives Judge Kinney permitted the matter to rest at that point some two weeks. This forbearance was probably construed into cowardice, for the refractory part [?] became so insolent and increasingly lawless that some of the old citizens them[?] made affidavits before Judge Kinney, who thereupon again issued writs for the arrest of certain persons. From the best information he could get the marshal [the bottom line of the page is cut off] without assistance, and is compliance with his representation and request, Acting Governor Fuller made a requisition for raising the necessary posse.
It was thought that on the appearance of an efficient posse there would be no resistance, but this idea proved erroneous, for the officer and his posse were forcibly resisted, and in legally serving writs legally issued by a U. S. Officer two of the posse were killed, and some of those who resisted the law were killed and others wounded; among the killed were Joseph Morris and John Banks, two persons named in the writs.
The marshal took quite a number of prisoners, all of whom, upon their examination by Judge Kinney, were released on bail, except three; one of them was sentenced by the Judge to 30 days imprisonment and fifty dollars fine, the other two were ordered to be held in custody to appear at the next term of the District Court to be held in March next.
James Munroe Livingstone lately arrived from the East with Ben. Holladay, and happened to be here during the service of the writs at Kington's Fort, and did know, by information from every reliable source, that the whole affair was in accordance with law, and conducted and enforced solely by officers of Federal appointment in the discharge of their official duties. Last week he proceeded with Mr Holladay on his way to California, and I am told that just before he left here he used some very harsh expressions about the operations under these writs, and threatened to expose Judge Kinney and Acting Governor Fuller at the Department. Should you meet Mr Livingstone in Washington, and he undertakes to carry out his reported threatenings, please ask him who appointed him Acting Governor, or Chief Justice, and what could he know, in the few days he was here, except what he might chance to hear, and how could he determine correctly the line of truth among the different street rumors and remarks he might have heard.
You can meet Mr Livingstone and all others in this matter at every point, and find that every person therein acting to magnify the law, from Acting Governor Fuller to the least person in the posse, kept themselves strictly and very mercifully in the line of their duty.
I am further told that Gov. Fuller, at the time Mr Livingstone was remarking as aforesaid; said to him that Judge Kinney and himself had acted strictly in the line of official duty, and under the same circumstances would again take the same course. This should have been sufficient and satisfactory to Mr Livingstone, and perhaps may prove so when he carefully reflects upon the subject. I presume that he was then somewhat under the chafting influence of some disappointments in business plans, and may get over it by the time he reaches California.
High waters still prevent the regular transmission of the eastern mail, but they are said to be abating in places. Green River was very high at last dates, and the telegraph wire has been down there since the 8th inst. until last evening
I have contracted with Messrs Ben. Holladay and Fred'k Cook to deliver 50000 bushels of oats and barley, one half of each, on the mail route, the grain at $1. a bushel, and the hauling at $1.25 a hundred for each 100 miles. I did this with a view to accommodate the people with money to pay their cash taxes and send to the States for machinery and staple articles not yet produced here in sufficient quantity, and have accordingly turned over to the people the filling the contract upon the same terms as I took it, which will prove very beneficial, if the money is wisely used.
Your family and friends, so far as I am acquainted, are in the enjoyment of good health, as are also the people generally.
Your Brother in the Gospel
Brigham Young