Salt Lake City, U.T.
April 24. 1872
Mr. Edward Young.
Clintonville, Wisconsin.
My dear Brother.
Your welcome favor of April 1st was duly received. We were well pleased to hear from you, and particularly of your intention to sell out if possible this spring and cast your lot among us here, I trust you will succeed.
You were no doubt delighted to hear of the late decision of the U.S. Supreme Court which so sweepingly affects the acts of our Judicial persecutions. Although that decision has not yet reached us, sufficient of its general character is known to give us a fair idea of its principal features. No release has been granted any of the parties as yet nor will there be by the District Court before the certified copy of the decision is received. Although telegrams were immediately dispatched here by U.S. District Attorney Bates to his deputy here and to the U.S. Marshall to have all the parties set at liberty, neither of them are willing to acknowledge their official character, treating them in no other light than as newspaper reports. The fact is they hate to let go their grip, and when compelled to do so, they would like to re-arrest all the parties upon bench-warrants, but I am inclined to think they will fail in this. I have made application to the Probate Court for a writ of habeus corpus, which, if granted will serve as a precedent to release the prisoners detained at Camp Douglas.
The Supreme Court decision is a terrible blow to those who have so diligently and persistently sought our destruction; our people perceive and understand this, and are entitled to as great praise for their total abstinence from all excitement over the good news, as for their forbearance while McKean was conducting his inquisitorial court.
My petition for release on habeas corpus was granted yesterday, and at 3.30 p.m. (25th.) I was set at liberty. The arguments for and against the petition were elaborate and exhaustive, and but little acrimony was manifested by the defense. The main objections against the petition were. "that the Probate Court had no jurisdiction," "inferior courts could not decide on the action of the superior courts" "that the decision of the U.S. Supreme Court affecting the prisoners had not been officially communicated." &c. The Court declared the jury that found the indictment was known to him to have been illegally empanneled as he had already taken judicial cognizance of the fact, and was not dependant on the U.S. Supreme Court decision. The argument that inferior courts could not legally interfere with the action of superior courts was met by Judge Snow who answered that the action of any court if illegal was void, and if void was entitled to no respect whatever.
When the petition was granted, Mr. High gave notice of exceptions, stating they might remove the proceedings on a writ of certiorari to the District Court. Mr. Gilchrist, the other attorney for the U.S. Marshal, after some consultation stated, "We bow in submission to your Honor's decision, but we protest against the same <in the name of the Government of the United States,> and at the proper time and place we expect to have the question again adjudicated.
The action of the Court has produced no excitement, and the opposition paper is surprisingly moderate.
I would like to have all the maple sugar you make if it is good and I will pay you for it on delivery here.
Bro Phineas & Brigham were both well when I saw them last. I read your last letter to Phineas and both desire to be kindly remembered to you.
The sugar should be very nice and clean, it should be well boxed and banded and addressed to H.B. Clawson, Z.C.M.I. S.L. City B.Y.
(29th) I attended Conference yesterday, both meetings, and spoke at both; notwithstanding it rained, over 11000 persons attended. My health is excellent, and I feel that the rest has done me good, and is something I have long wished for.
I have ordered a Semi-weekly "Deseret News." to be mailed to you for one year. Should you emigrate this season, you can still get it here.
I have delayed sending this from day to day, as there has always been some event pending that I believed you would like to hear the result of. The other prisoners, who had been indicted by an illegal grand jury, applied for release and at last succeeded in obtaining it on Tuesday afternoon: (30th April) It was a joyous release for them, and yesterday, (May 1st) We all took a railroad ride accompanied by some friends and passed over a portion of the Utah Northern Railroad, the 3 foot guage road now being built through the northern part of the Territory under the superintendence of John. W. It is quite a success, and will prove a great aquisition to the local business of Cache valley and Soda Springs, and will be pushed forward with vigor, as the iron is on hand & the people are anxious to do the grading, mostly taking stock in the road for pay.
I will now bring this to a close, with my very best wishes for your well being and success in every good work.
Your affectionate brother
Brigham Young
P.S.
I would be glad if you could furnish me one gallon or more, just as you can, of the medicine you have been letting Bro. Phineas have. It should be put in a keg, wood being altogether better than tin.