The Brigham Young Center

G. S. L. City
Decr. 24th 1858

George Q. Cannon,

Dear Brother :--

We have learned of your safe arrival at St. Louis, and departure East; and have received a 'Missouri Republican' containing the article 'Investigation'! We trust soon to see many such favorable notices from many different sources-- as the re-action now so favorably commenced must go on until we get a fair representation before the public.

The miserable little sheet, which is now published here weekly, is doing its utmost through malicious and false statements to revive old issues, and keep alive the excitement against us; doubtless being sustained by those who are more or less interested in sucking government pap.  It is, moreover, the organ for the clique, as we call them, composed of Judges Sinclair and Cradlebaugh, Dr. Hurt, D. H and D. A. Burr, Craig, Dotson, and a few more adventurers and gamblers, of whom we might name Frank Gilbert and ------ Brokie from California, and who have been appointed Deputy Marshals.  Wallace, Garrison, Kerr, Morton, who with many others under the kind patronage of the Marshall Peter Dotson and Judge Sinclair, constitute a large portion of the Grand and Petit Jurors for this District.  I am informed that Morton says he intends to claim mileage as he lives in Missouri.  The Petit Jury have now attended court twenty days not counting over a hundred between adjournments, during all of which time they have been held to be in readiness to appear without as yet having been sworn in a single case, and the expense the U. S. Judge intends fastening upon the Territory.  This Judge has also ruled the Territorial officers, Marshal, Attorney, Sheriff &c. out of court, that is as having any jurisdiction under the laws of the Territory, and says that the 

U. S. Attorney, Marshal, &c. are to be the officers of the Court in Territorial cases the same as in U. S. cases; and threatens the Legislature that if they do not provide the means to defray the expenses of his court, he will report them to Congress.  It might perhaps be interesting to relate how this court tied their own hands.  Some time early last fall, Judge Sinclair, to screen a notorious villain by the name of McNeil ruled that it was arbitrary, unjust, and tyrannical to assess costs without a fee bill.  The City council as well as the Legislative Assembly had failed to pass a fee bill, therefor the court had no authority to assess any costs.  You will see by reference to our revised Statutes page 122, Sec. 12-- and page 459 Sect 16 that ample authority to award the costs, giving the courts the most unlimited discretion in the matter, but it suited the pusilanimous little Judge to screen the offende  simply because he was of their own kith to override the best of laws; but now he finds his own hands tied and cannot consistently assess costs in any case.  The Legislature will probably attend to this matter, and rather circumscribe such extensive discretion, lest the temptation may prove too great for him, and he feel constrained to overrule his own decision, and least, also, other Judges may not consider the decision of Judge Sinclair binding upon them.

To continue with the Court, as that is the most in vogue just now.  As you will perceive by consulting the 'Deseret News,' it has yet effected nothing except ruling against the Jurisdiction of the Territorial officers, and indicating James Ferguson for endeavoring to intimidate Judge Stiles.  You will, of course, suppose there was no other business before the courts, else so much time and means would not have been so recklessly expended, but the contrary, I am sorry to say, is quite extensively the case.  Besides a number of important cases on the civil docket, some eight or ten persons have been in the 'Lockup' for various crimes, generally Larceny, for which they were bound over to appear at Court, and failing to give bonds and security, of course were committed.  The Court has not yet reached their cases, and if it ever reaches a civil at this rate it will be certainly very far in the future.

The clique aforesaid, whose organ is the 'Valley Tan', appear to help the Judge to fish up and prejudice every case, so that it has become perfectly notorious that whenever a 'Mormon', no matter what the case, and especially if any of the leaders can in the most distant manner be implicated that it will go against him, and instead of attending to the business before him, as above mentioned, he does not seem to give it the most distant thought, but seems on the other hand to be his and their most indefatigable study and exertions to rake up something vexatious and hence bring about a collision between the Mormons and themselves, and in consequence, as they suppose, the troops.  To destroy their Press, or cowhide Kirk Anderson, the Judge or any of the clique, although they richly deserve it, would be salvation to them.  They are rampant for martyrdom, but no one considers them worthy of notice, and we feel that the columns of the 'Valley Tan' will soon prove that anything they can say is no slander.  It must be very limited in its circulation, therefore, to mention it in the "Deseret News' would be an advertisement in its favor:  and lest it may not reach you we have taken the trouble to furnish you a copy.

You will see a garbled statement about an investigation which the Judge has lately held while sitting as they have it, as "committing Judge," or court, which is the same thing, and is rightly name, for no one doubted from the beginning but that he, or it rather, would commit the defendant Christianson.  I allude to the case of the Deaf and Dumb boy Andrew Bernard.  He was too well known to all of the old settlers to need any description. and his character is sufficiently noticed in the 'News' to make it unnecessary for me to say any more upon that point.  The case was simply this:  as was his usual custom he stole money, this time from a transient person, who has since left the Territory.  I believe he was a teamster to the Army:  he made a complaint before Jeter Clinton, a Justice of the Peace, who issued a warrant for the arrest of the offender, 'Dummy', as he was generally called.  Dummy, however, went off over between the mountains and staid some two or three weeks, during which time it is supposed that he hid out the money so stolen.  Upon his return to the city he was arrested, confessed that he had stolen the money, and, by signs, showed where he had hidden it.  In the charge of a policeman, N. L. Christianson, who by the way is a very good, sober Dane, he proceeded over between the Mountains, where it was supposed the money was hidden, to get and bring it into the city.  While absent, Dummy, giving way to that impetuous and ungovernable passion for which he was so noted, and which every body feared, attacked Christiansen with a knife, striking him in the side just above the hip inflicting a slight wound from which the blood and fat gushed out, and would probably have killed Christiansen, if his belt buckle had not screened him, and glanced off the blow.  He also chased Christiansen with a sharp iron, and he ran into a house and shut the door to keep him off during this ferocious attack of Dummy.  Christiansen availed himself to his revolver and fired several shots, two or three of them taking effect, but not sufficiently to cripple him.

They afterwards came together and started on their return to the city.  When they had arrived at the mouth of Emigration Canon, Dummy signified that if Christiansen would go with him he would find the money, pointing over a short distance where, he motioned, it was hidden.  They procured a passage on a wagon of which E. K. Hanks was owner, and who was proceeding up the Canon for a load of wood.  He took them over to near the place indicated by Dummy, when he and Christiansen got off from the wagon, Dummy leading the way, and Christiansen following after, and hanks awaiting their return shortly.  IT appears that Dummy again attacked Christiansen, who by this time relying upon his knife instead of his pistol, put an end to the conflict as well as the life of Dummy, by inflicting a severe wound in his neck.  Christiansen immediately came to the city, went to the Captain of the Police, Andrew Cunningham, Esqr. told all that he had done, who communicated the facts to the Mayor, A. O. Smoot, Esqr, and left the case in their hands to dispose of., Jeter Clinton being notified of the facts in the case went out with some two or three others to hold an inquest upon the body; after which he took measures to have him buried in the Cemetry-- all of which was done according to the Law of the Territory.  See Revised Statutes, page 132, Sect 18.  Now it might seem that this was sufficient, but no!  our pussiant Judge and his particular clique, professing <not> to have heard of the circumstances, although all the city, even to the women and children had heard of it at the time, and not being formally notified and consulted it became necessary to scan this circumstance and endeavor to make capital out of it suited to their own corrupt taste.

Judge Sinclair held his committing Court some four or five days, during which time he sent for and examined some twenty five witnesses:  sent out to the Cemetry, disinterred Dummy, and examined him to see, I suppose, if he was legally killed, and finally committed Christiansen for trial for the crime of murder.

Incidents during the investigation--Judge Sinclair said that Justice Clinton's inquest was no inquest at all for the reason that the term Inquest contemplated a jury of twelve men, which it did not appear had been empannelled by Justice Clinton.  again, the witnesses were not sworn by the Justice until after the examination had taken place, although they had been then sworn to a written statement of the facts in the case, and this paper filed with the Probate Court.  Now did his honor do?  Did he empannel a jury of twelve men, and send them out to hold an inquest over the body?  Not a bit of it.  He selected two men to go and examine the body-- all of which was done without law or authority, other than the ipse dixit of the Judge, without even the consent or even knowledge of the city Sexton; and did not swear the witnesses or persons sent to hold the inquest until after their return.  So far then he followed in the very same track of Justice Clinton, only acting without authority of law, and neither going himself, nor having a Justice of the Peace, present at his inquest.  Truly what a great difference, "Who does it" makes!

You will see by the "Valley Tan" what they are striving after -- the Danites, with the complicity of the Mormon authorities have done it, They have not yet decided what for.  You will notice two letters purporting to have been written by Mormons endorsing that filthy sheet and answering the enquiry after Dummy, &c.  They doubtless wrote them themselves.  At least we know that Sinclair, Dotson, and Craig got them up, and that they were in Craig's handwriting.  The articles signed 'Utanus' in the Tan are written by Dr. Hurt.

The courts have adjourned until Monday the 3rd day of January 1859.  The case of Ferguson has occupied the greatest share of the time thus far.  and as this is a U. S. case, I suppose that the costs thus far will be taxed to the U. S. Government.  Ferguson offered to resign his Attorney's license, but would not be permitted so to do by the court.  He even offered to let the court dismiss him without argument; but nothing would do short of prosecuting him to the fullest extent.  I suppose they think they will improve the chance to put him through while they have him in their power.

This Court was to sit on the first Monday of October last, the term of which was to be thirty days, as you will see by reference to the "Deseret News" No. 27. Sep. 8th.  It was, however, afterwards altered to sixty days term, and so entered upon the Record of the Supreme Court.  It would appear as though this would have terminated that term of the Court some where about the last of November or the first of December.  But, no!  the court ruled that it would construe the words sixty days term to mean sitting days, not including adjournments.  So now we do not know if ever it will be through.  The practice is to sit from ten minutes to about an hour, and then adjourn over until the next day, or perhaps untill the next week.  It would not matter so much were it not for the juries and witnesses which I should naturally suppose the government would hesitate to pay, as the Territory most assuredly will

The Legislature are now in Session having first met in this city to suit themselves, and adjourned to meet at Fillmore to suit Gov. Cumming, and then adjourned back to this City to suit us all.  Please observe that courtesy is the order of the day.  Governor Cumming having approved the act of adjournment to this city, we presume that it will now be deemed legal; still it would satisfy our curiosity to be shown wherein this adjournment is any better than the one which was previously made and approved to the same effect, Decr 15th 1856.  See Laws of Utah Sixth annual Session 1856-57.

An Express arrived on the 25th of Decr. bearing the President's Message, which, it appears, came exclusively to the Editor of the "Valley Tan."  Kirk Anderson; not a copy afforded to any other person, not even to Governor Cumming.  This overland route must be very exclusive in its operations if it contribute its favors to that particular clique only.  But it is nothing new; they still keep their imported Postmaster of this office, hence we may expect no favors-- no, not the most remote justice from that quarter.  But we are pleased with the President's Message on the whole, as it plainly indicates a more favorable future for Utah.  His recommendation for the extension of the Land laws though tardy justice is more than any man for years past has dared to venture, and we consider is a stepping stone to further favors.  He has, moreover, laid out so much work for the U. S. troops that we feel pretty certain that he will need those at present located in this Territory to carry his plans of Protectorate &c. into effect.

Mr. Kirk Anderson undertook to impose his paper upon the Legislative Assembly, doubtless with the cognizance of Mr. Hartnett, though he denies it.  His errand boy, however, placed upon the desk of each member a copy of any, which of course it would, but without any disrespect either to Mr. Hartnett, or the President's message, that scurrilous sheet was by common consent gathered up unanimously and returned to whence it to whence it came.  Of course we expect the 'Tan" to rail, but it will have to rail on, we cannot help it, for it cannot be forced upon people who do not want it.  The No. containing the President's Message would have been acceptable, if any, as it contained but little else.  But it was a rebuke to him for his wholesale slanders which he severely felt.  It is said that he intends to try to shift the <dis>respect from himself to the message, but this he cannot do, as the Members had not seen that document, and would have been glad to have the privilege of reading it, but would not receive it through that disreputable channel.

During the summer Governor Cumming authorized the organization of Green River and Carson Counties, of which you doubtless heard before you left.  A member to the Legislature was elected from each County in consequence, although not according to the laws of the Territory, and the requisite number allowed by the organic act was elected by the other counties according to law.  Besides this brings up two more Members that are allowed by law to claim their seats.  Mr. Osborne, from Green River was a sutler to the Sixth Regt. of Infantry, had a certificate of Membership awarded to him, v.s, Wm H. Hooper, though the latter had some eight or ten votes to his one; but the Governor feels strenuous for Mr. Osborn to have his seat, so to accomodate Gov. Cumming's feelings Captn. Hooper resigns his seat, so to accomodate Gov. Cumming's feelings Captn. Hooper resigns his seat and Mr. Osborne is admitted.  The member from Carson so far has not been able to obtain his certificate from the Secretary Mr. Hartnett, so I presume that he will be disposed of without coming in direct collision with the Assembly.

The Mails come very irregular, the two last are yet due; so it appears if an express can travel the route with the President's Message it does not prove that the Mails can make time.  It would be gratifying to us to know if any of our friends sent any thing to us by this Express.

We see that the President inclines to the southern route for a Rail Road. We are glad of this, and sincerely hope that it may be located and built upon it in preference to this.  We feel that the present state of things cannot last.  It sorely taxes the patience of many of many of the people to be thus run over, dictated to, and, in many things, abused by such irresponsible dolts as the Federal officers; and of course we all ardently look forward to the time when we shall obtain our constitutional rights, gain admission into the Union as a State, and have the privilege of electing our own officers, There is not an officer in the Territory, or who do not expect to go back to the States so soon as the Government shall terminate its relations with them, and some are scarcely willing to wait for that, to us, auspicious event.

What humbuggery to call this a land of Freedom, of republican Liberty, where tyranny and oppression like this bear rule.

We have, rather unusual for us, indulged in minutia in order to post you up, that you may be prepared to answer anything that our enemies may chance to bring against us.

You will observe an Advertisement in the 'Deseret News' for proposals to supply the Army 150.00 bushels of grain in the months of August, September, and October next.  This does not look as they intended to remove the troops before another winter.  You will please direct the attention of Col. Kane to this item, and see if he knows or understands what it means, or whether the troops are to be retained in this Territory.  We would also like to know whether Col. Kane wrote to us lately, and whether he sent to us through the aforesaid Express; if he did it was kept by the clique aforesaid, for I have received nothing.  Govr. Cumming expected a copy of the President's Message from the President, having written to him for it, but he got none.  Query, Was none sent?  I want to have Horace or you find out how many Missouri Republicans <containing the Message> were sent, and to whom.

We send this by my nephew John Y. Green, who is going to the States, and trust that you may receive it safely; which if you do, please acknowledge and safely keep it.

May God bless you with all Israel and help us to overcome every evil and finally gain celestial glory in His Kingdom.  All is well.

Your Brother, as ever in the Gospel,

Brigham Young

P. S.  I send you a full file of the 'News' and 'Valley Tan' to this date.