After Judge Waite had been assigned to the Second District [in which many murders had been committed, and the murderers still at large], the Legislature concluded they did not want court held in that district until fall. They accordingly passed a bill, providing, among other things, for holding the court at St. George on the third Monday of October. But as they had already passed a bill fixing the term of court in May, and as the Judge preferred to hold the term in May, that being near the time when he was intending to hold court for the transaction of United States business in the same district, the Governor declined signing the second bill.
Soon after, having occasion to examine the first bill for another purpose, he went to the Secretary's office and called for the bill, and behold, the word May had been erased, and the word October inserted instead! It appeared to have
been done by the same hand which had penned the body of the bill. This had been written by one of the clerks of the House of Representatives. The Governor, after signing the bill, had inadvertently returned it to the Legislature, and it had been sent from that body to the Secretary's office, where it should have been sent by the Governor. It had been recorded in that office before the forgery was discovered.
The Governor immediately caused the record to be corrected, changed the bill back from October to May, by erasing the word "October" and interlining the word "May." He then made a statement of the forgery and its detection, over his own signature, on the margin of the bill.
He then sent a special Message to the Legislature, calling their attention to the fact that a forgery had been committed; but, instead of taking steps to ferret out the guilty party, the Legislature made an issue of fact with the Governor, and endeavored to make out that it was all the time October, and that no forgery had been committed. When the matter was up in the House the second time, one member actually produced a paper which he averred was the original draft, and which had October in it. And this in the face of the fact, that five persons had seen the bill in the Governor's office when the word May was in it, and that the bill showed plainly, upon inspection, that it had been changed; the outline of the letter "y," in the word erased, being distinctly visible.
Thus the Legislature, by their collective action, implicated themselves all in the forgery.
On the 16th of January the Legislature adjourned, without printing the Governor's Message, or sending any appropriation bills for his signature.
The day following, "the Legislature of the State of Deseret" met, and commenced doing business under Brigham Young, as Governor. A Message was delivered, and all the forms of legislation gone through with; in reality, this
de facto government was the only one for which the Mormons maintained even the show of respect.
The judicial system of the Territory was manifestly very defective, and as constituted under the Organic Act of 1850, as the same had been construed by the Federal Judges, was inadequate to the administration of justice.