History of Utah, 1540-1886 - Brigham Young University

562 THE MOUNTAIN MEADOWS MASSACRE.
action by the judges; 33 and on the 27th of March
dimming issued a proclamation protesting against
all movements of troops except such as accorded
with his own instructions as chief executive magistrate.
37 A few days later the detachment was withdrawn.
Notwithstanding the contumacy of the grand jury,
Cradlebaugh continued the sessions of his court, still
resolved to bring to justice the parties concerned in
the Mountain Meadows massacre, and in crimes committed
elsewhere in the territory. Bench-warrants,
based on sworn information, were issued against a
number of persons, and the United States marshal,
aided by a military escort, succeeded in making a few
arrests. 38
Among other atrocities laid to the charge of the
Mormons was one known as the Aiken massacre, which
also occurred during the year 1857. Two brothers
of that name, with four others, returning from California
to the eastern states, were arrested in southern
Utah as spies, and, as was alleged, four of the party
were escorted to Nephi, where it was arranged that
Porter Rockwell and Sylvanus Collett should assassinate
them. While encamped on the Sevier River
they were attacked by night, two of them being killed
36 Copies of all the correspondence in this matter, which is somewhat
voluminous, will be found in Mess, and Doc., 1859-60, ii. 139 et seq. The
action of Cumming was afterward sustained by the secretary of war, in a
letter addressed to Johnston, in Id. , p. 157. The judges also received a sharp
rebuke at the bands of Attorney-general Black, who thus sums up the case:
'On the whole, the president is very decidedly of opinion: 1. That the governor
of the territory alone has power to issue a requisition upon the commanding
general for the whole or part of the army; 2. That there was no
apparent occasion for the presence of the troops at Provo; 3. That if a
rescue of the prisoners in custody had been attempted, it was the duty
of the marshal, and not of the judge, to summon the force which might be
necessary to prevent it; 4. That the troops ought not to have been sent to
Provo without the concurrence of the governor, nor kept there against his
remonstrance; 5. That the disregard of these principles and rules of action
have been in many ways extremely unfortunate.'
37 For copy of protest see Deseret News, March 30, 1859, where is also
a protest from the grand jury against their dishonorable discharge.
38 Cradlebaugh relates that when these arrests were made a general
stampede occurred among the Mormons, especially among the church digni-
taries, who fled to the mountains. Mormonism, 11.