History of Utah, 1540-1886 - Brigham Young University

610
PROGRESS OF EVENTS.
Thus was aroused afresh the antagonism of the
Mormons, and the trouble was further increased by
the action of Judge Waite, who was appointed to the
second, or southern district, 16 Drake being assigned to
the first, or central district, and the chief justice to the
third, or northern circuit. Early in 1863 Waite drew
up a bill amending the organic act, providing that
juries be selected by the United States marshal,
authorizing the governor to appoint militia officers,
and restricting the powers of the probate courts to
their proper functions, though with a limited criminal
jurisdiction. The bill was approved by the governor
and by Judge Drake, and, being forwarded to con-
gress, was referred to committee. On hearing of this
measure, Brigham called a meeting at the tabernacle
for the 3d of March, when many inflammatory speeches
were made, and resolutions passed, condemning the
governor's message and the action of the judges. A
committee was appointed to wait on the officials and
request their resignation, and a petition drawn up
requesting the president to remove them. 17
To the committee, among whom was John Taylor,
Drake replied: "Go back to Brigham Young, your
Utah. Jour. Legist., for each year. See also Deseret News, Dec. 14, 1854,
Dec. 19, 1855, Dec. 23, 1857, Dec. 22, 1858, Dec. 14, 1S59, Apr. 16, 1862,
Jan. 21, Dec. 16, 1863, Jan. 25, Dec. 11, 1865; S. F. Alta, March 10, 1854;
Sac. Union, Feb. 12, 1S55, Feb. 12, 1850.
16 In Waite's The Mormon Prophet, 85-6, it is stated that the legislature ordered
court to be opened at St George on the third Monday in May, but as
they did not wish the session to take place until autumn, passed a second bill,
appointing the third Monday in October for the beginning of the term. Waite
preferred to open court in May, and having occasion to examine the bill,
found that the word 'May' had been erased and 'October' substituted. This
had been done by a clerk in the house, and presumably by the order of
members. The governor, who had inadvertently returned the bill, ordered
the record corrected, and sent a message to the legislature, calling their attention
to the forgery. Issue was taken with him on the matter, one member
producing a paper which, he averred, was the original draught, and where October
was the month appointed. In the Deseret News, March 25, 1863, Waite
is sharply censured for holding court in the third district, where he had no
jurisdiction.
17 For copies of some of the speeches, the resolutions, and petition, see
Waite's The Mormon Prophet, 8S-95; Tullidge's Hist. S. L. City, 307-11. The
petition was signed by several thousand persons. A counter-petition, signed
by the officers of Connor's command, will be found in Waite's The Mormon
Prophet, 95-7.