Result of the Conflict
The result of this conflict in authority was that Judge Cradlebaugh and his associate, Judge Sinclair, sent a communication to the attorney-general of the United States, Jeremiah S. Black, in relation to the matter. Other letters were sent by Judge Eckels to the secretary of state and by General Johnston to the secretary of war. The secretary of state wrote to Governor Cumming for the facts which were furnished. When the replies were received, the officious judges were rebuked and given to understand that the armed forces in the territory were subject to the command of the executive. Said the attorney general: “The governor is the supreme executive of the territory. He is responsible for the public peace. From the general law of the land, the nature of his office, and the instructions he received from the state department, it ought to have been understood that he alone had power to issue a requisition for the movement of troops from one part of the territory to another.” He further stated that “the condition of things in Utah made it extremely desirable that the judges appointed for that territory should confine themselves strictly within their own official sphere,” and leave accusations to the district attorney, and arrests to the marshal, who was responsible for the safe-keeping of criminals.
Attempt to Remove Governor Cumming
The rebuke from Washington was naturally very displeasing to the judges, who were thus confined to the duties of their office. In Camp Floyd there was manifestation of displeasure. A mass meeting was held and an address was issued in which the “Mormons” were accused of disloyalty and it was set forth that a great wrong had been done in forcing the withdrawal of the troops from the protection of the courts. The wrath of the disgruntled camp was also turned against Governor Cumming, and the attempt was made to have him removed from office. This might have been accomplished through the influence of General Johnston, had not Colonel Thomas L. Kane once more come to the rescue.
Attack on President Young
When Judge Cradlebaugh organized his court at Provo, he expressed his determination to investigate the Mountain Meadows massacre and other crimes. This action would have been commendable if it had been taken with a desire to execute justice, but it was a flagrant attempt to connect President Young and the leading Church authorities with the crime. He inferred that the guilty parties were among the leaders of the Church and should be brought to justice. Later, accompanied by a United States deputy marshal and a detachment of troops, he visited southern Utah and collected what evidence could be obtained respecting the Mountain Meadows massacre, leaving no stone unturned in the endeavor to implicate President Brigham Young and others, in which attempt he miserably failed. Nevertheless, to the grand jury he said: “The very fact of such a case as that of the Mountain Meadows shows that there was some person high in the estimation of the people, and it was done by that authority; . . . and unless you do your duty, such will be the view that will be taken of it. You can know no law but the laws of the United States and the laws you have here. No person can commit crimes and say they are authorized by higher authorities, and if they have any such notions they will have to dispel them.”
Cradlebaugh’s Insult to the Jury
As the grand jury failed to act with the promptness he thought they should, the judge dismissed them “as an evidently useless appendage of a court of justice.” This unjustifiable attack was resented by the grand jury in a written protest.
In a spirit of anger the judge dismissed criminals who were before his court awaiting trial on grave charges, giving for his reason the following excuse:
“When this people (‘Mormons’) come to their reason, and manifest a disposition to punish their own high offenders, it will be time to enforce the laws also for their protection. If this court cannot bring you to a proper sense of your duty, it can at least turn the savages in custody loose upon you.”