The greatest difficulty was experienced in the formation of juries, and in the extraordinary jurisdiction assumed by the Probate Judges, all of whom were Mormons.
The jurisdiction of the Probate Court, in the words of the Organic Act, was to be "as prescribed by law." Under this provision several of the United States Judges had held that it was competent in the Legislature to confer upon the Probate Courts any jurisdiction they pleased. The Mormons, never behind in availing themselves of all advantages, had accordingly granted to the Probate Courts concurrent jurisdiction with the District Courts, in all cases civil and criminal.
Again; the juries had been selected by these courts acting with other county authorities, and it was contended that the United States Courts could only try causes before juries thus selected.
To remedy these defects, and to remove all doubt as to these complicated questions, a bill was drawn by Judge Waite, for an Act of Congress amendatory of the Organic Act of 1850. It provided for the selection of United States juries by the Marshal, under the direction of the court, as in other district and territorial courts of the United States.
The question of jurisdiction was to be settled by an express provision that the Probate Court should have no jurisdiction to try any civil action whatsoever. It was to do the usual probate business, and have a limited criminal jurisdiction, subject to appeal to the District Court. The bill also provided for an organization of the militia of the Territory, under the Governor, and contained several other wholesome and salutary provisions.
The bill was carefully drawn, and was submitted to the inspection of his associate, Judge Drake, and of Governor Harding,—Judge Kinney being absent from the Territory. It received the unqualified approval of Drake and Harding, and, with their indorsement upon it, was sent to Washington. In due time it was introduced in Congress by Senator Browning, and referred to the proper committee.
The introduction of this bill was the signal for another outbreak. The news was telegraphed to Salt Lake, and immediately Brigham called a meeting at the Tabernacle.
The meeting was held on the 3d of March 1863. Notice having been extensively circulated, some two or three thousand persons assembled, excited by exaggerated statements concerning attempts upon the part of the federal officers to "interfere with their rights."
Speeches of the most inflammatory character were made at this meeting, and the resentment and indignation of the ignorant masses of the people were excited to the highest pitch. The following will serve as a specimen of these harangues.
Elder John Taylor said:—