Salt Lake City, U.T. Feb. 6. 1871.
Hon. W.H. Hooper, M.C.
Washington, D.C.
Dear brother:-Herewith please receive Report of the Adjutant General of this Territory, (H.B. Clawson) to the Adjutant General of the U.S. Army, at Washington, in reference to the annual Return of the Militia of this Territory, for the past year. I think it best for you to be acquainted with its contents, after which you can hand it over to the proper Department immediately unless you know of some good reason for doing otherwise.
I understand that Hon. Z. Snow has informed you of some desirable amendments that ought to be made to the Organic Act of this Territory. The District Judges here are now enabled to make any act of the City Council abolishing any nefarious traffic in ardent spirits criminal,--subjecting the officers of the City to fine and imprisonment, for doing their duty, and enabling any one whom they please, to carry on such dealings in spite of the City ordinances, as the Organic Act, it is said, gives no appeal from the Supreme Court of the Territory < in criminal case>, only in case of dollars & cents being involved; and it is doubtful about getting any other case past that court. We would like such an amendment made immediately, that we may carry our cause to Washington and also be able to get the habeas corpus from the Supreme Court there when our officers are imprisoned on such assumed criminal grounds, in disregard and contemptuous defiance of our laws, occasioned from the superlative amount of ignorance and bitterness existing in the breasts of some of our judges here, obtained from prejudice and false religious teachings; -making it impossible for them to administer justice where any of the rights of the old settlers are involved.
I received a copy of the enabling Act for Utah which you were kind enough to send me. If there could be a provision inserted making it impossible for the General Assembly of the proposed State to ever make a law legalizing plural marriage, it would not be so objectionable, but that we could accept it, in lieu of that section compelling the prohibition thereof. The law also fails to include the "land equal to two Townships" which are appropriated for the establishment of a University by sec. 3 of Act approved Feb. 21. 1855. and should be so amended as to include said lands as anticipated by said Act.
I wish the Department would hold up Taggart in the assessment against the City, until we can get our case brought before the Department, in case that he should persist in it.
With kind regards I remain
Your brother in the Gospel,
Daniel H Wells
P.S.
Be so kind as let me know how the land matters pertaining to the entry of the city are getting along and if the change of Commissioner is likely to make any difference.
D.H.W.