Mr. Kane remained with the Governor until April, absenting himself once, however, for a day, in order to hold a secret interview with a party of Mormons who had come into the vicinity of the camp. Notwithstanding his presence, no precaution to protect the herds was neglected, nor was the guard-duty at all relaxed. On the 18th of March, although a furious snow-storm raged all day long, the encampment was moved down Black’s Fork to the immediate neighborhood of Fort Bridger,—a spot less sheltered, but far more secure from attack. On the 3d of April, an event occurred for which everybody was prepared. The Governor announced to General Johnston his intention to proceed to Salt Lake City in company with Mr. Kane; and on the 5th, they started upon the journey.
The District Court commenced its spring term at Fort Bridger the same day. In his charge to the grand jury, Judge Eckels was explicit on the subject of polygamy, instructing them substantially as follows: That among the Territorial statutes there was no act legalizing polygamy, nor any act affixing a definite punishment to that practice as such; that, consequently, whether the old Spanish law or the Common Law constituted the basis of jurisprudence in the Territory, the definition of marriage recognized by both was to be received there, which limited that institution to the union of one man with one woman, and also the definition of adultery common to both, by which that crime consisted in the cohabitation of either the man or the woman with a third party; that among the Territorial statutes there was an act affixing a definite punishment to adultery, and accordingly that it was the duty of the grand jury to inquire whether that act had been infringed by parties liable to their inquisition.[A] No indictment, however, was returned for the offence; neither were any proceedings had upon the indictments for treason. The business of the court was restricted to such crimes as larceny, and assault and battery, among the heterogeneous mass of camp-followers.
[Footnote A: As this charge has become of great importance in the affairs of the Territory, we subjoin the precise language of that portion of it which refers to polygamy:—
“It cannot be concealed, gentlemen, that certain domestic arrangements exist in this Territory destructive of the peace, good order, and morals of society,—arrangements at variance with those of all enlightened and Christian communities in the world; and sapping as they do the very foundation of all virtue, honesty, and morality, it is an imperative duty falling upon you as grand jurors diligently to inquire into this evil and make every effort to check its growth. It is well known that all of the inhabited portion of this Territory was acquired by treaty from Mexico. By the law of Mexico polygamy was prohibited in this country, and the municipal law in this respect remained unaltered by its cession to the United States. Has it been