Great Salt Lake City
Jany 14th. 1859
Horace S. Eldredge Esqr.
Dear Brother,
Since writing via the California route copies of which are herewith forwarded, we have received your letter dated at Cincinnati Dec 7 also Bro Keslers of the 8th from the same place, and a note through Brother Hooper from Brother Coward of the 10th from St Louis same month from which we learn that you had received our communications sent by Mr. Kinkead we have since sent by Mr. Majors of the firm of Majors Russel & Co, and duplicates of this correspondence prior to this date sent by Henry W. Lawrence to be mailed at Sacramento.
In purchasing sugar be careful not to get that put upon you which is filthy with cat mice, rat or other dirt, but go to a neat clean sugar house and take a man along with you to see it put up of the cleanest and best kind and not give any chance for swapping it off until it is shipped. Let it be continually watched so that no person can put any thing deleterious into it, and follow those same directions in regard to Coffee, tea, & tobacco
Wm. Walker has paid $5 00/100 on your account. Enclosed I send you a list of Gun smith's tools belonging to Wm. Pratt, who arrived here by Wm. Walkers train in 1856 and left them stored at Florence which forward by church train if you can do so without leaving church property behind. A further bill for articles is enclosed which please fill if funds hold out.
We send by John Y. Green one hundred and fifty dollars Army check on the treasury at St Louis. two five pound notes. Bank of England and eight hundred dollars in cash. We also expect to be able to send you drafts in april to the amount of about $4000.00 upon which you can depend.
We have no further news of general interest, since writing before except the acquital of Brother James Ferguson and the dismissal of the juries you will learn the particulars by reading the News which is regularly forwarded to you and Kesler and Bro. George Q. Cannon. The decision of this question <involved the charge.> of disturbing, intimidating and breaking up the courts. The Court as you will perceive by reading and published minutes steadily and universally ruled against Ferguson nothing more than a contempt was proven against him he was consequently acquitted, thus another of the foul charges which have been piled up against us has fallen to the ground, following in the wake of burning the Library, destroying or cancealing the records &c" "But it is all owing to Mormon juries" they will probably say, Is it not a pity that they could not import all the jurors for the Territory? Peter Dotson the U. S. Marshall did select one half of both the Grand and pettit jurors from among recent importations, some of them even declaring that they lived in Missouri and would have their mileage &c. This course of the Marshall in selecting such persons was known to the court, for as many as two were discharged by the Judge to go home, so you perceive that it was, to say the least, a mixed jury. The Grand jury ignored the Bill against Christensen and he was consequently, it was thought rather reluctantly, discharged by the Court and thereupon the Grand jury were also discharged, and since the Pettit Jury have also been released having only been sworn in one case, that of Ferguson. The Judge remarked, upon dismissing the jury that there was no provision made by the Territory to pay the expenses of administering the Territorial laws hence he could hold no Court.
The laws are the same as they have always been heretofore, yet no former Judge made any such complaint, but if he supposes that the Territory is going to foot his bills for trampling upon the laws of the Territory he will probably be mistaken The laws provide that fifteen shall constitute a Grand jury but he rules in twenty three. The Laws provide Territorial officers to wait upon and attend the Court while acting under Territorial laws, but he rules them all out and rules in the U. S. Attorney. Marshall and other Officers which are not provided for by law.
The Legislative Assembly generally appropriates to cover such judicious expenses as have been made in regard to Courts still holding the staff in their own hands; instead of giving full swing to whoever can manage to get their hand into the public pocket and the experience had with the present reigning powers in Courtdom, would suggest that course still to be good policy. You are aware that this has always been the practice of the Territory to pay what they considered they ought, not only to courts but Territorial Officers, after the services had been performed. I am informed however that it is the intention of the Legislative assembly to pass a fee bill at its present session. They will also provide for a special Committee to compile a full code of laws and report to the next Session of the Legislative Assembly, after which it is hoped there will be laws enough to please the most exacting.
All is well, the health of myself and those arround me is good, as is all our families for yourself and the brethren who went with you your families also so far as I know are well do not forget in relation to our Western settlements at Genoa, and Deer Creek. Brother Joseph E. Johnson has consented to go to Deer Creek with his press. Let the emigration go up to these points and aid in making those settlements and make their way on here, as fast as circumstances will permit, giving place to others who will come after.
If the letters sent you by John Y. Green come to your hands first send to Col. Kane, Cannon and others by private conveyance and not trust them in the Mails. The one to Brother Calkin of course will go by mail. Remember me to Brother Kesler. As I have given full instruction to you I do not know as it is necessary to write the same things over to him, but I remember him as also yourself and all the brethren before my heavenly Father asking for His choice blessings to be poured out upon you and all the faithful saints.
As ever I remain your brother in Christ
Brigham Young